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.
Related provisions
- Article 41 — when a foetus is considered born (manual queue; source variant).
- Article 42 — death extinguishes personality.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.