During Remy’s pregnancy, her father Gavin executed a will bequeathing his rest house in Calatagan, Batangas to Remy’s unborn child. While Gavin and Remy, who was then seven months pregnant, were on their way to Calatagan, they figured in a car accident on December 1, 2021 which resulted in the instantaneous death of Gavin and the premature delivery of Remy on the same day. At 8:30 a.m. on December 3, 2021, the newborn baby died. Is the devise in favor of the baby valid? Explain briefly. (5 points)
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Yes, the devise in favor of the baby is valid. Under Article 1025 in relation to Articles 40 and 41 of the Civil Code, a conceived child is capable of succeeding provided it be born later under
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Under Article 41 of the Civil Code, when does a fetus with an intra-uterine life of at least seven months acquire civil personality?
A fetus with an intra-uterine life of at least seven months acquires civil personality immediately upon complete separation from the maternal womb if born alive.
Under Article 1025 of the Civil Code, what is required for a conceived child to be capable of succeeding to an estate?
A conceived child is capable of succeeding provided it is conceived when succession opens and is subsequently born alive under Article 41.
What is the legal effect of a newborn surviving for two days after complete delivery if its intra-uterine life was seven months?
Because it had an intra-uterine life of seven months and was born alive, it acquired civil personality and inherited the devise.
How does the Civil Code treat a fetus with an intra-uterine life of less than seven months compared to one of seven months or more?
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Why was the devise of the Calatagan rest house in favor of Gavin's unborn grandchild declared valid?
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1. Fetus Civil Personality
Under Articles 40 and 41 of the Civil Code, a conceived child is considered born for all purposes that are favorable to it, provided it be born later with the conditions specified by law. For a fetus with an intra-uterine life of at least seven months, civil personality is acquired at the exact moment of its complete delivery from the maternal womb, provided it is alive at birth. Even if the child survives for only a short period after birth, it acquires full civil personality retrospectively from the moment of conception for all favorable civil purposes.
2. Capacity to Succeed
Under Article 1025 of the Civil Code, in order to be capable of succeeding, the heir, devisee, or legatee must be living at the time the succession opens, except in cases of representation when proper. A conceived child at the time of the death of the decedent is capable of succeeding, provided it is subsequently born alive under the conditions set forth in Article 41. The capacity to succeed is determined at the precise moment of the decedent's death, provided the legal requirements for acquiring civil personality are eventually satisfied.
3. Intra-Uterine Life Rules
Article 41 of the Civil Code distinguishes between a fetus with an intra-uterine life of less than seven months and one with an intra-uterine life of at least seven months. If the intra-uterine life was less than seven months, the fetus must survive for at least twenty-four hours after complete separation from the maternal womb to acquire personality. However, if the intra-uterine life was seven months or more, the child acquires civil personality immediately upon complete delivery, regardless of how brief its survival thereafter may be.