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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Under the law, personality begins at birth and not during conception. However, in accordance with the Doctrine of Presumptive Personality or conceptus pro nato habetur, the law considers the conceived child as born.
In the grand theater of law, where justice and morality play their intricate roles, there exists a peculiar notion that our very beginnings might cast a long shadow over the rest of our lives. Birth, often seen as a mere entry point into existence, is more than just a date on a certificate—it is a chapter that law may use to script the narrative of personality and potential.
Birth determines personality, but the conceived child shall be considered born for all purposes that are favorable to it, provided it is born later with the conditions specified in Art. 41. (Art. 40, NCC)
Under the law, personality begins at birth and not during conception. However, in accordance with the Doctrine of Presumptive Personality or conceptus pro nato habetur, the law considers the conceived child as born.
In the case of Geluz v. CA (G.R. No. L-16439, July 20, 1961) the Court ruled:
It is no answer to invoke the provisional personality of a conceived child (conceptus pro nato habetur) under Article 40 of the Civil Code, because that same article expressly limits such provisional personality by imposing the condition that the child should be subsequently born alive: “provided it be born later with the condition specified in the following article”
From the foregoing, in order for the Doctrine of Presumptive Personality to apply, then the rules set out under Article 41 of the Civil Code must be complied with, to wit:
Art. 41. For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mother’s womb. However, if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb.
This intriguing intersection where birth and personality meet under the legal microscope suggests that the law may not only observe but also influence the arc of one’s life story, shaping destinies from the moment the first cry echoes through the corridors of justice.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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