A pedestrian, who was four (4) months pregnant, was hit by a bus driver while crossing the street. Although the pedestrian survived, the fetus inside her womb was aborted. Can the pedestrian recover damages on account of the death of the fetus? (1%)
(A) Yes, because of Article 2206 of the Civil Code which allows the surviving heirs to demand damages for mental anguish by reason of the death of the deceased.
(B) Yes, for as long as the pedestrian can prove that she was not at fault and the bus driver was the one negligent.
(C) No, because a fetus is not a natural person.
(D) No, if the fetus did not comply with the requirements under Article 41 of the Civil Code.
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(D) No, the pedestrian cannot recover damages for the death of the fetus if it did not comply with Article 41 of the Civil Code. Under Article 40, birth determines personality, but a conceived child is considered
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Quick check
Under Article 40 of the Civil Code, when does birth determine civil personality?
Under Article 40, birth determines personality provided the fetus is born under the conditions set forth in Article 41.
Under Article 41 of the Civil Code, what condition applies to a fetus with an intrauterine life of less than seven months?
A fetus with less than seven months of intrauterine life must survive twenty-four hours after separation to be deemed born.
Why can a mother NOT recover damages for the death of her four-month aborted fetus under Article 2206?
Damages for death under Article 2206 cannot be claimed because the fetus never acquired civil personality.
What type of civil personality does a conceived child possess prior to complete birth under Philippine law?
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While a mother cannot recover damages for the death of an unborn fetus, for what may she recover damages resulting from an aborted pregnancy caused by negligence?
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Learn more about these topics
1. Birth and Personality
Under Article 40 of the Civil Code, birth determines personality, but a conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in Article 41. Provisional personality is granted to an unborn fetus solely for rights that benefit it, such as receiving donations or inheritances. However, this provisional personality remains incomplete and contingent until complete separation from the mother's womb occurs under the legal conditions prescribed by law.
2. Intrauterine Life Requisites
Under Article 41 of the Civil Code, for civil personality to be acquired, the fetus must be alive at the time it is completely delivered from the mother's womb. If the fetus had an intrauterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete separation from the maternal womb. If the aborted fetus fails to survive these statutory conditions, it never acquires civil personality, rendering any derivative right of action non-existent.
3. Action for Damages
Because an aborted fetus that fails to satisfy Article 41 never acquires civil personality, no cause of action for its death or loss of life can accrue to the fetus or pass derivatively to its parents under Article 2206. However, while parents cannot recover damages for the loss of life of an unborn fetus per se, the mother may recover damages for the physical injuries and moral anguish directly inflicted upon her person due to the involuntary abortion caused by a tortfeasor's negligence.