Professional Documents
Culture Documents
By A3OLONIO V. SANTIAGO*
n the realm of the law, the "person" stands both as its fun-
tal subjeot and as its object. In the words of a learned
, the "person is the star actor in the juristic drama, the
of the juristic system, the center of the legal universe,
t whom there would be juridical chaos and oblivion. He
:s into every legal :r:elation from the highest to the lowest,
'mplest to the most complex and is the "sum and substance
legal world." After all, what are constitutional law and
. al law good for, if there were no persons? For was the
ot made for persons rather than persons for the law?
gal relations cannot be created 'and maintained without
'stence of persons, who are susceptible of being its sub-
But when does a human being acquire the personality,
makes him a fit subject of legal relations? When does
uire that juridical capacity or "caput" as the Ancient Ro
call it, which gives him a standing before the law, enacted
ily to guarantee and protect his rights to life, liberty, and
? This is the task which this humble work has assumed
erlake. The discussion will however, be limited only to
I persons and not to artificial beings, as corporate en-
'Whichare also regarded as "persons" under the law.
the treatment of the subject, it is our aim to discuss the
d analyze its precepts in the light of the principles of
medical science. For it cannot be denied that modern
I science plays a very important role in the administra-
our present system of justice in the Philippines.
30 Id., p. 118.
31 Manresa, Codigo Civil, vol. 1, p. 198.
32 Scaevola, Codigo Civil, vol. 1, p. 449.
of twenty-four hours, the resources of medical science
to preserve artificially its life until after the expiration
hours; thereby giving rise to important changes and
ions in the order of succession to an inheritance. On
er hand, it 'may happen that a child is born completely
or after having attained such a degree of physical de-
ent, absolutely compatible with life for even a longer
than twenty-four hours. But due to some external
or some accident or criminal act, he dies before the lapse
hours after birth. He will not be considered as a person
ed with civil personality, because the condition of the
strict in requiring an independent extra-uterine life for
rs.83 Such rulings are greatly open to serious objections
bring up problems of difficult solution, if not inconsist-
th actual scientific notions and possibilities, and even with
reasons. The question of a liv-e birth and capability to
ring twenty-four hours after birth is not merely incon-
with justice and reason, but also of difficult, nay impos-
ppreciation by scientific procedures, in the sense that
requirement does not take into account neither the lower
of viability or development of the child nor the possibil-
accidental death shortly after birth of a full-developed
child. Such an inconsistency of the Philippine law is
demonstrated by the well-known fact that the test of
stence in almost all civilized communities is siill\Ply the
h, regardless of the number of hours that the child has
alive after birth.34
e basic defect of our law, therefore, as has been already
out, is its failure to take into account the condition of
of the child or its capacity to live. The perod of twen-
hours has been fixed in an arbitrary manner because it
based upon any principle of legal medicine. Leading
tators on the Spanish Civil Law have, however, given
stification to the legal requirement. Sanchez Roonan
itting the defective condition of the law from a
e view point, gives his justification to it in the following
"En cambio de los inconvenientes que alguna vez pue-
r este criterio del Codigo, de regIa fija y tasada, si se
aceptado el de atender a la prueba de la viabilidad fisica
caso, se hubiera entregado punto tan fundamental a los
The rule laid down in the foregoing cases, was further ra-
ied in the case of Dietrich v. Northampton (52 Am. Rep. 242)
~re the mother of the deceased child slipped upon a defect in
hIghway of the defendant town. She was at the time between
a~d 5 months advanced in pregnancy. The fall brought on
lrliscarriage and the child was too little advanced in foetal life
urvive its premature birth. An action was brought on be-
ld of the deceased child. The court in dismissing the action
that the child was a part of its mother at the time of the in-
a.ndthat it could not be said to have become a person recog-
In law as capable of having a locus standi in court or being
resented there by an administrator.
THE CRIMINAL LIABILITY FOR THE KILLING OF A LIVE B
CHILD BEFORE THE EXPIRATION OF 24 HOURS AFT
BIRTH, IF THE ELEMENTS OF INFANTICIDE DO
NOT EXIST
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