Article 44.

 The following are juridical person:

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.

    A juridical person is an abstract being, formed for the realization of collective purposes, to which the law has granted capacity for rights and obligations.

    The law classifies juridical persons into three:

    1) The state and its political subdivisions;

    2) Entities for public interest and purposes;

    3) Entities for private interest and purposes.

 Corporation as an entity.  

    A corporation is an artificial being created by operation of law having the right of succession and the powers, attributes and properties expressly authorized by law or incident to its existence. In a series of cases, the Supreme Court held that the term person in the Constitution includes corporations. The Supreme Court said that the Roman Catholic Church is recognized as a juridical person. In fact, the Roman Catholic Church as a corporation sole can even acquire lands in the Philippines. 

Classifications of corporation.

    Corporations may be public or private. Public corporations are those formed or organized  for the government or the State. Private corporations are those formed for some private purposes, benefit, aim or end. Public corporations are intended or organized for the general good or welfare. Private corporations may also be classified into stock and non-stock. Stock corporations are those which have a capital stock divided into shares and are authorized to distribute to the holder of such shares dividends or allotments of the surplus on the basis of the shares held. All other private corporations are non-stock corporations. 

Comments

Post a Comment

Popular posts from this blog

Article 91 - Family Code and Case: Nobleza Vs. Nuega, G.R. No. 193038

Article 91           Unless otherwise provided in this chapter or in the marriage settlements, the community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter.           The law provides for two kinds of properties that shall form part of the absolute community of properties; namely, (1) All properties owned by the spouses at the time of the celebration of the marriage;           (2) All properties acquired after the celebration of the marriage.           The law provides, however, that even if the parties are governed by the absolute community, they may agree that some properties be exempted form its coverage. If that is so, then, the ante-nuptial agreement embodied in their law further provides that there are proper...
Read more

Article 20 Case Digest: Sps. Quisumbing Vs. Meralco

SPOUSES ANTONIO AND LORNA QUISUMBING, PETITIONER VS. MANILA ELECTRIC COMPANY (MERALCO), RESPONDENT G.R. NO. 142943, APRIL 3, 2002 FACTS:     On March 3, 1995, the respondents took a routine check of all single phased meters in Green Meadows avenue. The house owned by the petitioners was one of the houses that was inspected. The petitioners was not around at the of the inspection, the petitioners asked permission from the petitioners through their secretary. The secretary witnessed the inspection. Upon inspection, the respondents discovered that the terminal seal of the meter was missing, the meter cover seal was deformed, the meter dials of the meter was mis-aligned and there were scratches on the meter base plate. This was a clear sign that the meter has been tampered. The petitioners denied liability for the tampering. The respondent then, temporarily disconnected the electric services of the petitioners until they pay the amount of P178,875.01 representing the differential ...
Read more

Article 39, Case Digest - Family Code: Wiegel vs. Judge Sempio-Diy

  LILIA OLIVA WIEGEL, petitioner, vs. THE HONORABLE ALICIA V. SEMPIO-DIY (as presiding judge of the Juvenile and Domestic Relations Court of Caloocan City) and KARL HEINZ WIEGEL, respondents. G.R. No. L-53703 August 19, 1986 PARAS, J.: Facts:           This a petition for certiorari for the declaration of nullity of marriage of the petitioner, Lilia Wiegel and respondent, Karl Heinz Wiegel, by the Juvenile and Domestic Relations Court of Caloocan City.           Herein respondent claims that his marriage to the petitioner is void because of an existing marriage prior to their marriage. The petitioner contends that her first marriage was void because they forced to enter in the said marriage. Moreover, the petitioner assails that her first husband had a prior existing marriage, therefore, making the marriage void.           Respondent jud...
Read more