S1L20 – Natural and Juridical Persons
Mr. Juan Dimacaawat, are you present?” I surveyed the classroom looking for my favorite law student.
He just barely managed go barge into the classroom, sweating like a pig from running to make it in time to say, “I’m here, sir!”
“Oh, you just got here. Take your time, catch your breath and answer this question: do you believe in God, Mr. Dimacaawat?”
His eyes grew wide open. I think the question shocked him. He had gone without sleep the previous night reading his codal provisions only to be asked the ultimate curveball question. But he gathered his wits somehow and answered, loud as a bell.
“Yes, sir! I Believe in God, the Father Almighty, creator of heaven and earth, I believe in Jesus Christ, His only begotten son, who was crucified, died and was buried, on the third day—”
“No, no, no—don’t recite the entire Apostles’ Creed. I just wanted to know if you believed in God, because that will be our topic today,” I said.
“I’m sorry, sir, I was not able to confess yesterday, there was a long line in the cathedral…”
Sit down, Mr. Dimacaawat!
Listen class, you will find it difficult to find a lawyer who is an atheist. You will find many who are demon-possessed, but a lawyer who doesn’t acknowledge that God exists is extremely rare. God has an attribute scientific people struggle to understand. But lawyers are totally comfortable with the idea that God is OMNIPRESENT. Being present everywhere is not difficult for lawyers to get. Mr. Dimacaawat, what are the two types of persons under the law?”
“Sir, NATURAL person and ARTIFICIAL or JURIDICAL person.”
What’s the difference between the two, I want somebody else to answer. Another brawny Cordilleran from Bauko, Mountain Province, stood up. His name is Jack Makataruz. I believe he is Mr. Dimacaawat’s eleventh-degree cousin. Aah, these Cordillerans—they’re all relatives!
“Sir, a natural person is a biological being having physical existence. An artificial or juridical person exists by legal fiction.”
That’s good, Mr. Makataruz, you may sit down. For example class, San Miguel Corporation—that’s an artificial person, having no physical anatomy. But it can sue and be sued in its own name. It can own and dispose of property. But it cannot be sued in a criminal case because it’s impossible to arrest a corporation. Explain further that difference, using your own words, Mr. Dimacaawat.
“Sir, if you cut a natural person with a knife he will bleed. If you cut a corporation with a knife it will not bleed,” all his classmates exploded in laughter, I had to bang the blackboard to restore order.
“Let’s allow Mr. Dimacaawat to redeem himself. Juan, you are contradicting yourself. Can you really touch an artificial person with a knife—or any object, for that matter?”
“No, sir. That’s my point. I would like to cut a corporation with a knife, if only I can FIND that artificial person! But I cannot, because he is everywhere and nowhere at the same time. The only reason an artificial person exists is because we all agree to concede that fact, that’s why it exists by legal fiction. But no one questions the fiction, even courts admit the fiction.”
The whole class fell silent. You could have heard a pin drop as Mr. Dimacaawat thundered away.
“But even a natural person can become a juridical person because the law now allows a single-person corporation in lieu of sole proprietorship. But normally it takes a minimum of five natural persons to incorporate and form a corporation, which has a separate legal personality of its own.”
“I’m impressed, Mr. Dimacaawat. Now can you illustrate what you mean by a corporation being present everywhere?”
“Yes, sir. If you sue a natural person in two courts located in two different cities and set the hearing on the same date and time, that natural person will be able to attend one hearing but not both.”
Whereas, if it’s a corporation…?
“Sir, if you sue a corporation in 100 courts and, set the hearing on the same date and time, the corporation will be able to attend ALL hearings at the same time. The judge will not question the lawyer who says ‘entering my appearance for San Miguel Corporation, Your Honor, my client is present in my person.”
And that is proof of what, Mr. Dimacaawat?
“That it’s possible for a Person to be present everywhere, for everybody to agree to believe it without anybody having to prove it, and for nobody to be able to disprove it.”
Which explains what, Mr. Dimacaawat?
“Which explains why all lawyers understand the concept of God’s omnipresence, sir, because that’s WHO the legal community copied the idea of a juridical person from. We borrowed the concept from the bible.”
As evidenced by what, Mr. Dimacaawat?
“As evidenced by the fact that all pleadings end with a ‘PRAYER’ and all solemns oaths end with ‘SO HELP ME, GOD’ , sir.”
Some of Mr. Dimacaawat’s female classmates were starting to tear up, as the revelation slowly dawned on them.
Did you get that class? So you see, all this skepticism and bashing of lawyers is really uncalled for because we are priests, ministers of God’s secular system of justice. That’s why corruption is also rampant, and a few lawyers sometimes lose their moral bearings. If satan wants to destroy a nation, all he needs to do is destroy the legal profession. So lawyers are the logical target of all kinds of evil seduction. You should pray for lawyers. If you do, you will only be returning the favor because we lawyers pray for you in court everyday.
Complete silence. A few sniffles in the back.
“I’ll see all of you next meeting, class dismissed,” and the students quietly filed out of the room.
“Mister Dimacaawat, may I have a word with you for a minute?”
“Yes, sir! What can I do for you sir?”
“If you really understood everything you said in class, can you relate that with what’s going on in BENECO today?”
His answer is what really convinced me he knows his law.
“Sir, it’s absurd that the ‘Ai-Ai de las Alas Fans Club, Inc.’ can go to court anytime but the MCO’s of BENECO cannot obtain standing before any court. The MCO’s are a more noble organization but it is not incorporated, it has no legal personality. BENECO itself is a juridical person, but not the MCO’s. When they sue, they have to sue in their individual capacities, so in case of a counterclaim, they are easier targets of reprisal.”
“Is there a danger to a situation like that?”
“Yes, sir. If for some reason an injunction or TRO is issued against BENECO, or even a gag order by an unfriendly judge, it will silence both BENECO and the MCO’s if their personalities are fused into one juridical entity. That’s how gag orders work, yun naman ang itinuro mo sa amin, sir. “
“Hmm, I see your point. Listen, I want you to see this lady and I want you to tell her everything you told me just now. Her name is Mia Magdalena, she is like their spiritual leader or something like that.”
“I don’t know her, sir. I have not met her. What does she LOOK LIKE?”
“Prettier than your girlfriend beside you there…”
The author is a writer and lawyer based in Baguio City, Philippines. Former editor of the Gold Ore and Baguio City Digest, professor of journalism, political science and law at Baguio Colleges Foundation (BCF). He is a photographer and video documentarist. He has a YouTube channel called “Parables and Reason”