Article 41
ELI5— what this means for you
An unborn child (conceived but not yet born) has limited civil personality — it can be the beneficiary of donations or inherit — but only if it is born alive, even if it lives just a moment.
Key point
A baby can inherit from a parent who dies before the baby is born — as long as the baby is born alive.
Official text — RA 386
For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the mother's womb. However, if the foetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb. (30a)
Source: lawphil.net (RA 386 as amended)
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RELATED RIGHTS
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