Text of the provision
Art. 40. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article.
(29a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Civil personality begins at birth. But the law protects the conceived but unborn child by a fiction: it is deemed already born for all purposes favorable to it — most importantly, to inherit or receive a donation — on the condition that it is later born under the requirements of the next article. The unborn child cannot be prejudiced by this rule; it only benefits.
Questions about this provision
Related provisions
- Article 41 — when a foetus is considered born (manual queue; source variant).
- Article 42 — death extinguishes personality.
Cases citing this article
- Continental Steel Manufacturing Corporation vs. Hon. Accredited Voluntary Arbitrator Allan S. Montano, et al, G.R. No. 182836, October 13, 2009 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.