Chapter 3. Juridical Persons (Title I, Book III, Civil Code)

Article 44. The following are juridical persons:

(1) The State and its political subdivisions;

(2) Other corporations, institutions and entities for public interest or purpose, created by law; their personality begins as soon as they have been constituted according to law;

(3) Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality, separate and distinct from that of each shareholder, partner or member.

Notes:

1) Definition.

a. Juridical persons – refer to artificial persons created by fiction of law.

2) Artificial persons. Juridical persons are artificial persons in the sense that they are made-up or invented abstracts or concepts. For example, a corporation is a non-tangible idea which is incapable of being experienced by the human senses such as sight, hearing, or touch. In contrast, a natural person is capable of being seen, heard, or touched. By fiction of law, it means that these are assumed as facts at least for purposes of the law, particularly the courts.

2) It is submitted that the grant of legal personality to juridical persons is for the purpose of allowing them to acquire rights and incur obligations, particularly when it comes to transactions. Of course, the extent of the rights granted and obligations imposed depend on the law which constituted them, e.g. 1987 Constitution / Revised Administrative Code / Local Government Code for the National Government, its offices, ag...

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