civil law bar syllabus

8/4/2019 Civil Law Bar Syllabus

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Today is Friday, July 01, 2011

LABUS FOR 2011 BAR EXAMINATIONS

L LAW

fect and Application of Laws New Civil Code

When law takes effect, NCC Art. 2

gnorance of the Law, NCC Art. 3

etroactivity of Laws, NCC Art. 4

Mandatory or Prohibitory Laws, NCC Art. 5

Waiver of Rights, NCC Art. 6
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epeal of Laws, NCC Art. 7

udicial Decisions, NCC Art. 8

Duty to Render Judgment, NCC Art. 9

resumption and Applicability of Custom, NCC Arts 10-12

egal Periods, NCC Art. 13

pplicability of Penal Laws, NCC Art. 14

onflict of Laws, NCC Arts. 15-18, relative to Divorce, Art. 26 (2)

uman Relations New Civil Code

NCC Art. 19-22, relative to breach of promise to marry

ndependent Civil ActionsEXCLUDE: to be covered by Remedial Law

rejudicial QuestionsEXCLUDE: to be covered by Remedial Law

RSONS

ersons and Personality New Civil Code

apacity to Act

ivil Personality, NCC Art. 37

estrictions on Capacity to Act, NCC 38-39

irth, NCC 40-41

eath, NCC 42-43

ompare Art. 43 with Rule 131, Sec. 3 (jj) presumption of Survivorship

CLUDE: NCC 44-47

Domicile and residence of person, NCC 50-51

Marriage

Family Code (Aug. 3, 1988)

CLUDE: Muslim Code, (PD 1083)

equisites

ature of Marriage, Art. 1


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inds of Requisites, Arts. 2-3

ffect of absence of requisites, Art. 4

ssential Art. 5

ge, Art. 5

eremony, Art. 6

ormal Arts. 7, 31, 32

olemnizing authority, Art. 7-8, 10

xceptions Art. 35 (2)

cense Required Arts 3 (2), 9, 11, 20, 26

oreign National Art. 21

xceptions Arts. 27, 31-32, 34

Marriage Certificate, Art. 22

CLUDE: Duties of a Civil Registrar, Arts. 12-19, 23-25

ffect of Marriage celebrated abroad and foreign divorce, Art. 26

oid and Voidable marriages

oid Marriage Arts. 5, 35, 36-8, 52-3

bsence of Requisites, Art. 35

sychological incapacity, Art. 36

ncestous marriages, Arts. 37-38

rescription, Art. 39

ubsequent marriage, Arts. 40-44

nnullable marriage, Arts. 14, 45-46

oidable marriages, Art. 45-47

resence of prosecutor, Art. 48

endency of action, Art. 49


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ffects of nullity, Arts. 50-54

CLUDE: SC Rules on Procedure (Nullity and Provisional Orders), R.A. 6955, An Act to Declare Unlawful the Practice of Matching

pino Women for Marriage to Foreign Nationals, RA 9208, Anti-Trafficking in Persons Act

Legal Separation

Grounds, Art. 55, Republic Act. 9262, Anti-Violence Against Women and Children

Defenses, Arts. 56-57

ooling-off Period, Art. 58

Reconciliation efforts, Art. 59

onfession of Judgment, Art. 60

ffects of Filing Petition, Art. 61

ffects of pendency, Art. 62

ffects of legal separation, Arts. 63-64

econciliation, Arts. 65-67

CLUDE: SC Rules on legal separation

Rights and Obligations Between Husband and Wife

ssential Obligations, Art. 68

amily domicile, Art. 69

upport, Art. 70

Management of household, Art. 71

ffect of neglect of duty, Art. 72

xercise of profession, Art. 73

CLUDE: R.A. 7192, An Act Promoting the Integration of Womens as Full and Equal Partners of Men in Development and Natio

ding, RA 8187, An Act Granting Paternity Leave, RA 9710, Magna Carta for Women

roperty Relations of the Spouses

Marriage Settlements, Arts. 76-81

Donations by Reason of Marriage, Arts. 82-83, 86, 43(3), 50


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oid donations by the spouses, Art. 87

Absolute Community of property

eneral Provisions, Arts. 75-85, 88-90

What constitutes Community Property, Arts. 91-93

harges Upon and Obligations of the Community Property, Arts. 94-95

Ownership, Administration, Enjoyment and Disposition of the Community Property, Arts. 96-98

issolution of Community Regime, Arts. 99-101

quidation of the Absolute Community Assets and Liabilities, Arts. 102-104

onjugal Partnership of Gains

eneral Provision, Arts. 105-108

xclusive Property of Each Spouse, Arts. 109-115

onjugal Partnership Property, Arts. 116-120

harges upon and obligations of the CPG, Arts. 121-123

dministration of the CPG, Arts. 124-125

issolution of CPG Regime, Arts. 126-128

quidation of the Conjugal Partnership Assets and Liabilities, Arts. 129-133

eparation of Property of the Spouses and Administration of Common Property by One Spouse During the Marriage, Arts. 13

Regime of Separation of Property, Arts. 143-146

roperty Regime of Unions Without Marriage, Arts. 147-148

The Family

he Family as an Institution, Arts. 149-151

he Family Home, Arts. 152-165

CLUDE: Arts. 157, 161 and 162

Paternity and Filiation

egitimate Children, Arts. 163-171


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roof of Filiation, Arts. 172-174

legitimate Children, Art. 175 and Art. 176 as amended by RA 9255

egitimated Children, Arts. 177-182

CLUDE: SC Rule on DNA Evidence

. Adoption

CLUDE: Family Code, Arts. 183-188, 191-193

A 8552 Domestic Adoption Law

Who can adopt

Who can be adopted

ights of an adopted child include FC, Arts. 189 and 190 on successional rights

escission of adoption

CLUDE:AM No. 02-6-02-S.C. (Aug. 22, 2002), RA 9523 requiring certification of the department of DSWD to declare a "child

ilable for adoption"

A 8043, The Law on Inter- Country Adoption

Who can Adopt

Who can be adopted

Support

What it Compromises, Art. 194

Who are Obliged, Arts. 195-197, 199-200, 206-208

upport during marriage litigation, Art. 198

Amount, Arts. 201-202

When Demandable, Art. 203

ptions, Art. 204

Attachment, Art. 205

arental Authority

General Provisions, Arts. 209-215


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ubstitute and Special Parental Authority, Arts. 216-219

ffect of Parental Authority upon the Persons of the Children, Arts. 220-224

CLUDE: Rule on Guardianship of Minors, Rule on Custody of Minors, RA 8972 Solo Parents Act, RA 8980 Policy for Childhoo

ffects of Parental Authority upon the Property of the Children, Arts. 225-227

CLUDE: RA 9231 Child Labor Law (to be covered by Labor Law)

uspension or Termination of Parental Authority, Arts. 228-233 RA 7610 Child Abuse Law

Emancipation Arts. 234 and 236, as amended by RA 6809

Summary Judicial Proceedings in the Family Law

. Final Provisions Retroactive effect, Art. 256

CLUDE:Arts. 254-255, 257

. Funeral, NCC Arts. 305-301

CLUDE: Care and Education of Children, Arts. 356-363

Use of surnames Arts. 364-369, 369-380 (other articles repealed by Family Code)

. Absence NCC Art. 43; Art. 41 Family Code

rovisional measures in Case of Absence, Arts. 381-383

Declaration of Absence, Arts. 384-389

dministration of the Property of the Absentee, arts. 387-389

resumption of Death, Arts. 390-392

CLUDE:Arts. 393-396, contingent assets

I. Civil Registrar

Arts. 407-413

A 9048-clerical errors

ule 108, Rules of Court

CLUDE:Act. No. 375, IRR of RA 9048

OPERTY


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haracteristics

lassification Arts. 415-418

Hidden Treasure Arts. 438-9

ight of Accession Art. 440

ruitsArts. 441-4

With respect to Immovable Property

uilder, planter, sower on land of another in concept of owner

Builder, planter, sower in good faith Arts. 448-456

Builder, planter, sower in bad faith Arts. 449-450

sufructuary, Art. 579

ands adjoining river banks

lluvion Art. 457

hange of course of river Arts. 461-246, see Water Code PD 1067

vulsion- Arts. 459-463

lands Arts. 464-465

y Object

eal or immovable

ersonal or Movable

By Owner

Of public dominion

Of private ownership

atrimonial property distinction between private property of individual persons, and of State entities

y Nature

onsumable/non-consumable vs. Fungible/non-fungible

Ownership


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ight in general

undle of rights

us utendi, fruendi, abutendi, vindicandi, disponendi(possidendi)

Actions to recover ownership and possession of real property

Distinctions between accion reivindicatoria, accion publiciana, accion interdictal

Distinction between forcible entry and unlawful detainer

Actions for recovery of possession of moveable property

Requisites for recovery of property proof of right; identity; reliance on strength of own evidence not weakness of defenda

m

istinction between real and personal rights

Modes of acquiring ownership

riginal, derivative

mitations

eneral limitations taxation, eminent domain, police power

pecific Limitations imposed by law, sic utere tuo, nuisance, stat of necessity, easements voluntarily imposed by owner:

vitudes, mortgages imposed by contract

Accession

ight to hidden treasure

General Rules:

or immovables:

ccession discreta (natural and industrial civil fruits) and continua (over immovables: artificial/industrial and natural)

ccession industrial(building, avulsion, rivers, islands)

ccession natural(accretion, avulsion, rivers, islands)

or movables:

ccession continua (conjuction, adjunction, commixtion/ confusion, specification)

ules for determining the principal and accessory


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Quieting of title to/interest in and removal/prevention of cloud over title to/interest in real property

equirement

Distinction between quieting title and removing/preventing a cloud

rescription/non-prescription of action

Co-ownership

haracteristics of co-ownership

n general

pecial rules:

oncept of condominium

Condominium corporation

nterest in real property

Concept of common areas, amendment

Documents to consider (master deed, declaration of restrictions, articles and by-laws of the condominium corporation or th

ociation where applicable

ights and obligations of condominium owner

Contributions/Dues

PD 957 and RA 6552

rounds for partition of common areas, or dissolution of the condominium

ource of co-ownership

ights of co-owners

istinction between right to property owned in common and full ownership over his/her ideal share

ight to oppose acts of alteration

ight to partition

ight to contributions for expenses (necessary expenses, taxes)

Waiver

ight to redemption of co-owners share


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ermination/extinguishment

ffect of partition

ights against individual co-owners in case of partition

artition in case co-owners cannot agree

Possession

haracteristics

cquisition of Possession Art. 531

ffects of Possession

ossessor in Good Faith Arts. 544, 526-527

ight to pending fruits Art. 545

ight to be reimbursed

Necessary and useful expenses Arts. 546-547

Expenses for pure luxury Art. 548

ossessor in Bad Faith Arts. 449, 549, 552

oss or Unlawful Deprivation of a Movable Arts. 559, 1505 (3)

eriod to Recover Arts. 1140, 1134, 1132, 1133

inder of Lost Movable Arts. 719-720

istinguished from voidable title Art. 1506

n concept of owner, holder, in ones own name, in name of another

ights of the possessor

oss/termination

. Usufruct

haracteristics

lassification

ights and obligations of usufructuary


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Rights of the owner

xtinction/termination

Easements Arts. 613, 615-616

haracteristics

lassification

egal easements

ight of way

oluntary easements Art. 688

ffect of Zoning ordinance

Modes of Acquiring Easements

ompulsory easements Arts. 620-624

asement of light and view Arts. 669-673

Nuisance Art. 694

Action to Quiet Title Arts. 476-480

Modes of Acquiring Ownership Art. 712

Occupation Art. 713

Donation

efinition Arts. 725-6, 746

haracteristics

xtent to which donor may donate property

eservations and reversions

inds

onation Inter Vivos Art. 729

onation By Reason of Marriage Family Code Arts. 82-83, 86

onation Mortis CausaArt. 728


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Onerous Donation Art. 733

mple, modal, conditional

ormalities required

ow made and accepted

erfection

ifferences between formalities for donation of real, personal properties

Movables Art. 748

mmovables Art. 749

Qualifications of donor, donee

ffects of donation/limitations

n general

ouble donations

xcessive/inofficious

cope of amount Arts. 750-752

n fraud of creditors Art. 759

oid Donations Arts. 739-740, 1027

evocation or reduction

rounds for revocation, grounds for reduction

ow done

ffects

rescription

nnofficious Donations Arts. 760-761, 771-775

gratitude Arts. 765, 769

CLUDE: Intellectual Creations to be covered by Mercantile Law

SCRIPTION


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efinitionArt. 1106

Acquisitive Art. 1117

haracteristics

Ordinary

ood Faith Art. 1127

ust title Arts. 1129-1130

xtraordinary Arts. 1137, 1132 second par.

equisites Arts. 1118-1125

eriod Arts. 1132, 1134, 1138

What cannot be required by acquisitive prescription

xtinctive

haracteristics

equisites

eriods

No Prescription Applicable

y Offender Art. 1133

egistered Lands PD 1529

Art. 1143, NCC

ction legal to demand a right of way Art. 649

o abate a nuisance

Action to quiet title if plaintiff in possession

oid contracts Art. 1410

ction to demand partition Art. 494

istinguished from laches

roperty of public dominion


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Prescription or Limitation of Actions

o recover movables Art. 1140

o recover immovables Art. 1141

Other actions Arts. 1142-1149

nterruption Art. 1155

Nuisance

Definition

lassification

emedies

LIGATIONS

efinition

lements of an Obligation

Different Kinds of Prestations

Classification of Obligations

ources of Obligations Arts. 1156-7

A single act or omission can give rise to different causes of action

atural Obligations

xtra-contractual Obligations

Nature and Effect of obligations

Obligation to give

determinate or specific thing

n indeterminate or generic thing

Obligation to do or not to do

reaches of obligations

omplete failure to perform


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efault, delay or mora no default unless creditors makes a demand; Exceptions (Art. 1169)

Mora solvendi

Mora accipiendi

ompesatio morae

raud in the performance of obligation

Waiver of future fraud is void (Art. 1171)

egligence (culpa) in the performance of obligation

iligence normally required is ordinary diligence or diligence of a good father of a family; exceptions common carriers requir

raordinary diligence (Arts. 1998-2002)

ontravention of the tenor of obligation

egal excuse for breach of obligation fortuitous event; requisites

Remedies available to creditor in cases of breach

pecific Performance

ubstituted performance by a third person on obligation to deliver generic thing and in obligation to do, unless a purely perso

escission (resolution in reciprocal obligations)

amages, in any event

ubsidiary remedies of creditors (Art. 1177)

ccion subrogatoria

ccion pauliana

ccion directa (Arts. 1652, 1608, 1729, 1893)

Kinds of civil obligations

ure Arts. 1179-1180

onditional Art. 1181

uspensive condition

esolutory condition


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otestative casual or mixed

bligations subject to potestative suspensive conditions are void (Art. 1182)

ffect of the happening of suspensive condition (Art. 1187); resolutory condition no retroactivity

ffect of loss of specific thing or deterioration or improvement of specific thing before suspensive condition (Art. 1189); if thi

urs in resolutory condition in obligation to do or not to do (1190, par. 3)

Obligation with a period or a term Art. 1193

uspensive period; effect suspensive period is for the benefit of both debtor and of creditor, unless given in favor of one of th

en to debtor alone, debtor losses benefit of period in any of the five cases in Art. 1198 obligation retroact to the day of its

stitution

esolutory period

efinite or indefinite period

nstances when courts may fix the period (Art. 1197)

reditor must ask court to set the period, before he can demand payment

Alternative or Facultative Art. 1199

ifference between alternative and facultative obligations

ffect of loss of specific things or impossibility of performance of alternative, through fault of debtor/creditor or through fort

nts

. Joint and Solidary obligation

oint (divisible) obligation

oncurrence of two or more creditors and or two or more debtors

oint obligation is presumed, unless otherwise indicated by the law or nature of obligation (Art. 1207)

Obligation presumed to be divided into as many equal shares as there are creditors or debtors

ach credit is distinct from one another, therefore a joint debtor cannot be required to pay for the share of another with deb

ough he may pay if he wants to (Art. 1209)

nsolvency of a joint debtor, others not liable for his share (Art. 1209)

oint Indivisible Obligation

Obligation cannot be performed in parts but debtors are bound jointly


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n case of failure of one joint debtor to perform his part (share), there is default but only debtor guilty shall be liable for dama

olidary obligation

nyone of the solidary creditors may collect or demand payment of whole obligation; there is mutual agency among solidary

tors (Arts. 1214, 1215)

ny of the solidary debtor may be required to pay the whole obligation; there is mutual guaranty among solidary debtors (Ar

6, 1217, 1222)

ach one of solidary creditors may do whatever maybe useful to the others, but not anything prejudicial to them (Art. 1212);

wever, any novation, compensation, confusion or remission of debt executed by any solidary creditor shall extinguish the

gation without prejudice to his liability for the shares of the other solidary creditors

Divisible and Indivisible Art. 1225

Obligations with a Penal Clause Arts. 1226, 1228-1230

Extinguishment of Obligations

ayment Arts. 1236-1238

ation in payment Art. 1245

orm of payment Art. 1249

xtraordinary inflation or deflation Art. 1250

pplication of payment Art. 1252-1254

ender of Payment and Consignation Arts. 1256-1261

oss of Determinate Thing Due or Impossibility or difficulty of performance Arts. 1262, 1266-1267

ondonation or Remission of Debt Art. 1270

xpress Formality of Donation art. 1270

mplied Arts. 1271, 1272, 1274

Confusion Arts. 1275, 1272

ompensation

inds Arts. 1278, 1279

egal compensation Arts. 1286-1290

Agreement Art. 1282


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oluntary Art. 1282

udicial Art. 1283

acultative

Obligations not compensable Art. 1287-1288

ovation Arts. 1291-1304

NTRACTS

ssential Requisites Art. 1261

inds of Contracts

onsensual

eal

ormal or Solemn

onations Arts. 748-749

artnership where real property contributed Arts. 1771, 1773

ntichresis Art. 2134

gency to sell real property or an interest therein Art. 1874

tipulation to charge interest Art. 1956

tipulation limiting common carriers duty of extraordinary diligence to ordinary diligence Art. 1744

hattel mortgage

ale of large cattle

Formality Arts. 1356, 1357, 1358

Defective Contracts

escissible Contracts Art. 1381

ifference with Rescission (resolution) under Art. 1191

oidable Contracts Arts. 1328-1344, 1390-1402

nenforceable Contracts Arts. 1403-1407, 1317


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Void Contracts Arts. 1409, 1346

actum commissorium - Arts. 2088, 2130, 1390

actum de non alienando Art. 2130

actumleonina Art. 1799

ffect of Contracts Art. 1311

ES

troduction

Definition of Sales Arts. 1458, 1470

ssential Requisites of a Contract of Sale Art. 1505

tages of Contract of Sale

Obligations Created Art. 1165

haracteristics of a Contract of Sale

ale is Title and Not Mode

ale Distinguished From Other Contracts

Contract of Sale/Contract to Sell

arties to a Contract of Sale

apacity of parties Arts. 1489-1492

bsolute incapacity Arts. 1327, 1397, 1399

elative incapacity: Married Persons

pecial disqualifications Arts. 1491-1492

Subject Matter

equisites of a valid subject matter Arts. 1459-1465

articular kinds

Obligations of the Seller to Transfer Ownership

ale by a person not the owner at time of delivery Arts. 1462, 1505, 1459


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xceptions

ale by a person having a voidable title Arts. 1506, 559

Price

Meaning of price Arts. 1469-1474

equisites for a valid price

ow price is determined

nadequacy of price Arts. 1355, 1470

When no price agreed Art. 1474

Manner of payment must be agreed upon

arnest money vs. option money art. 1482

Formation of Contract of Sale

reparatory Art. 1479

Offer Art. 1475

Option Contract Arts. 1479, 1324

ight of First Refusal

Mutual Promise to Buy and Sell Art. 1479

erfection Arts. 1475, 1319, 1325, 1326

ormalities of the Contract Art. 1403 (d) (e)

Transfer of Ownership

Manner of Transfer Arts. 1477, 1496-1501

When delivery does not transfer title

inds of delivery

Double Sales Art. 1544

roperty Registration Decree

equisites for registration of deed of sale in good faith


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ccompanied by vendors duplicate certificate of title, payment of capital gains tax, and documentary tax registration fees

. Risk of Loss

General rule Arts. 1263, 1189

When loss occurred before perfection

When loss occurred at time of perfection Arts. 1493 and 1494

When loss occurred after perfection but before delivery

When ownership is transferred Art. 1504

Documents of Title

Definition Art. 1636

urpose of documents of title

egotiable documents of title

Non-negotiable documents of title

Warranties of seller of documents of title Art. 1516

ules on levy/garnishment of goods Arts. 1514, 1519, 1520

emedies of an Unpaid Seller

Definition of unpaid seller Art. 1525

emedies of unpaid seller

Performance of Contract

Delivery of thing sold

ale of Movables Arts. 1522, 1537, 1480

ale of Immovables Arts. 1539, 1543

nspections and Acceptance

ayment of price

Warranties

xpress warranties


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mplied warranties Art. 1547

ffects of warranties

ffects of waivers

uyers options in case of breach of warranty Art. 1599

. Breach of Contract

emedies of the Seller Arts. 1636, 1594

ale of Movables

ecto Law: Sale of Movables on Installment Arts. 1484-1486

ale of Immovables

D 957, sec. 23, 24

Maceda Law: Sale of Immovables on Installment

emedies of the Buyer

ale of Movable

ale of Immovables

. Extinguishment of the Sale

auses Arts. 1600, 1231

onventional redemption Art. 1601

quitable mortgage Arts. 1602-1604

Distinguish from option to buy Art. 1602

eriod of redemption Art. 1606

xercise of the right to redeem Art. 1616

egal redemption Art. 1619

Age redemption Art. 1619

The Law on Sale of Subdivision and Condominium (PD 957)

. The Condominium Act (RA 4726)


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CLUDE: Electronic Commerce Act, Public Land Law, Retail Trade and Liberalization Act, Bulk Sales Law

CCESSION

eneral Provisions (Arts. 774-780)

Definition/What is transmitted Arts. 774, 776, 781

uccession occurs at the moment of death Art. 777

inds of Successors Heirs, Devisees, Legatees Art. 782

estamentary Succession

Wills

n General

efinition and characteristics - (Arts. 783-787)

Personal Act; Non-delegability of will-making Arts. 784-785, 787; exception 786

Rules of Construction and Interpretation/Law Governing Formal Validity Art. 788-795

estamentary Capacity and Intent (Arts. 796-803)

ge Requirement Art. 797

oundness of Mind; Presumptions Arts. 798-801

orm

ormal Validity Rules - Arts. 17, 815-817, 819

See Law Governing Substantive Validity Arts. 15, 16, 1039

ommon requirements Art. 804

n Writing

Language/Dialect Requirement

otarial Wills

Arts. 805-806

Special rules for handicapped testators Arts. 807-808

Substantial Compliance Art. 809


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Requisites Arts. 820-824

olographic Wills

Requirements Arts. 810-814

Witnesses Required for Probate Art. 811 Alterations, Requirements Art. 814

oint Wills Arts. 818-819

odicils, Definition and Formal Requirements Arts. 825-826

ncorporate by Reference

evocation (Arts. 828-834); kinds (Art. 830)

llowance and Disallowance of Wills (Arts. 838-839)

robate Requirement Art. 838

ssues to be Resolved in Probate Proceedings Art. 839

Exceptions when practical considerations demand the intrinsic validity of the will be resolved

Effect of Final Decree of Probate, Res Judicata on Formal Validity

rounds for Denying Probate Art. 839

nstitution of Heirs (Arts. 840-856)

reterition Definition, Requisites and Effects (Art. 854)

oncept Art. 854

ompulsory Heirs in the Direct Line

reterition vs. Disposition less than Legitime/Donation Inter Vivos Arts. 855, 906-918

ffects of Preterition, devisees only entitled to completion of legitime

ubstitution of Heirs (Arts. 857-870)

efinition Art. 857

inds Arts. 858-860

imple Substitution Art. 859

deicommissary Substitution Arts. 863-866, 869


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Conditional Testamentary Dispositions and Testamentary Dispositions with a Term Arts. 871-885

egitime (Arts. 886-914)

efinition Art. 886

ompulsory Heirs and Various Combinations Arts. 887-903

eserva Troncal Art. 891

isinheritance

isinheritance for cause Art. 919

Reconciliation Art. 922

Rights of descendants of person disinherited Art. 923

isinheritance without cause - Art. 918

egacies and Devisees Arts. 924-959

Legal or Intestate Succession Arts. 960-1014

General Provisions Arts. 960-969

elationship Arts. 963-969

ight of Representation Arts. 970-977

Order of Intestate Succession Arts. 978-1014, 992

Provisions Common to Testate and Intestate Succession Arts. 1015-1105

ight of Accretion Arts. 1015-1023

efinition and Requisites Arts. 1015-1016

apacity to Succeed by Will or Intestacy (Arts. 1024-1040)

ersons Incapable of Succeeding Arts. 1027, 739, 1032

nworthiness vs. Disinheritance

cceptance and Repudiation of the Inheritance Arts. 1041-1057

Collation Arts. 908-910, 1061-1062

artition and Distribution of Estate Arts. 1078-1105


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artition Arts. 1079, 1080

artition inter vivos

ffects of Partition Arts. 1091, 1097, 1100, 1104-1105

CLUDE: Executors and Administrators (Arts. 1058-1060)

to be covered by Remedial Law

RTNERSHIP

ontract of partnership

Definition

lements

ules to determine existence

How partnership is formed

artnership term

niversal vs. Particular; General vs. Limited

artnership by estoppel

artnership v. Joint Venture

ofessional partnership

anagement Arts. 1800-1803

ights and obligations of partnership

Rights and obligations of partners among themselves

Obligations of partnership/partners to third persons

Dissolution Art. 1830

Limited partnership

Definition

ow limited partnership is formed/amended

ights and obligations of a limited partner

CLUDE: Questions requiring application of SEC opinions or regulations


28/42

ENCY

efinition of agency

owers Art. 1877-8

o bind principal Arts. 1897-1902

xception Art. 1883

Express vs. Implied Agency

Agency by estoppel

General vs. Special Agency

Agency couched in general terms

Agency requiring special power of attorney

. Agency by operation of law

Rights and Obligations of Principal

rrevocable agency Arts. 1927-1930

Modes of extinguishment

MPROMISE

efinition Art. 2028

Void Compromise Art. 2035

Effect Arts. 2037, 2041

DIT TRANSACTIONS

oan

ommodatum vs. Mutuum

Obligations of Bailor and Bailee

nterest and the suspension of Usury Law

Deposit

Voluntary deposit


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Necessary deposit

udicial deposit

Guaranty and Suretyship

Nature and extent of guaranty

ffects of guaranty

xtinguishment of guaranty

egal and judicial bonds

Pledge

Definition

inds

ssential requirements

Obligation of pledge

ights of pledgor

erfection Arts. 2093, 2096

oreclosure Arts. 2112, 2115

ledge by Operation of Law Art. 2121-2122

stinguished from Chattel Mortgage Arts. 2140, 1484

Real Mortgage

Definition and characteristics

ssential requisites

oreclosure

Antichresis


Obligations of antichretic creditor

Chattel Mortgage


30/42


egistration

. Quasi-Contracts

Negotiorum Gestio

olutio Indebiti

Concurrence and Preference of Credits

Meaning of concurrence and preference

referred Credits on Specific Movables

xempt Property

Classification of credits

Order of preference of credits

nsolvency Law

Definition of insolvency

uspension of payments

oluntary insolvency

nvoluntary insolvency

CLUDE: Warehouse Receipts Law, Usury Law

SE

ease of things

ease of work or services

Lease of rural and urban lands

Qualified persons

egistration

rohibitions

Rights and obligations of lessor and lessee


31/42

pecial rules for lease of rural/urban lands

Household service

Contract of labor

Obligation in case of death/injury of laborers

. Contract for piece of work

ND TITLES AND DEEDS

orrens System

oncept and background

ertificate of Title

egalian Doctrine

oncept

ffects

oncept of native title, time immemorial possession

Citizenship Requirement

ndividuals and corporations

Original Registration

Who may apply

nder PD 1529

nder CA 141

nder RA 8371

egistration process and requirements

emedies

Cadastral registration

ubsequent Registration

Voluntary dealings


32/42

nvoluntary dealings

Non-Registrable Properties

Dealings with Unregistered Lands

CLUDE: History of land laws, Remedies sufficiently covered under Remedial Law, Registration of judgments, Orders and Partit

urance Fund, Registration of Patents, Administrative structure of the Register of Deeds, Consultas1avvphi1

RTS AND DAMAGES

OK I TORTS

rinciples

Abuse of Right; Elements

njust Enrichment

iability without Fault

Acts Contrary to Law

cts Contrary to Morals

lassification of Torts

According to manner of commission: intentional, negligent and strict liability

According to scope: general or specific

The Tortfeasor

he Direct Tortfeasor

atural Persons

uridical Persons

ersons Made Responsible for Others

n General

Quasi-delicts under Article 2180, how interpreted Family Code, Arts. 218-219, 221

Elements; definition

Distinguished from culpa contractual and culpa criminal

ndirect liability for intentional acts


33/42

resumption of negligence on persons indirectly responsible

ature of liability; joint or solidary?

n Particular

arents

uardian

wners and Managers of Establishments and Enterprises

mployers

Meaning of employers

Requisites

Employee chosen by employer or through another

Services rendered in accordance with orders which employer has authority to give

llicit act of employee was on the occasion or by reason of the functions entrusted to him

Presumption of negligence

Employer need not be engaged in business or industry

Defense of diligence in selection and supervision

Nature of employers liability

tate

eachers and heads of establishments of arts and trades

oint Tortfeasors (Art. 2194, Civil Code)

Act of Omission and Its Modalities

oncept of Act

roximate Cause

oncept

efinition

est


34/42

istinguished from Immediate Cause

istinguished from Intervening Cause

istinguished from Remote and Concurrent

ause in Fact

ut For

ubstantial Factor Test

oncurrent Causes

egal Cause

atural and Probable Consequences

oreseeability

fficient Intervening Cause

ause vs. Condition

ast Clear Chance

Legal Injury

oncept

lements of Right

iolation of Right or Legal Injury

Classes of Injury

njury to persons

njury to property

njury to relations

Intentional Torts

General

oncept

lasses


35/42

nterference with persons and property

Physical harms

Non-physical harms

nterference with relations

nterference with rights to persons and property

ntentional Physical Harms

eneral

Concept

Kinds

iolation of persons security, physical injuries Art. 33, Civil Code

Battery (Physical Injury)

Assault (Grave Threat)

alse Imprisonment (Illegal detention)

respass to Land

Concept

Elements

nterference with Personal Property

respass to Chattels

onversion

ntentional Non-Physical Harms

eneral

Concept

Kinds

iolation of Personal Dignity

nfliction of emotional distress


36/42

iolation of Privacy

Appropriation

ntrusion

Public disclosure of private facts

False light in the public eye

isturbance of Peace of Mind

alicious Prosecution

efamation

Defenses

Absence of elements

Privilege

raud or Misrepresentation (formerly deceit)

eduction

njust Dismissal

nterference with relations

eneral

oncept

inds

amily Relations

lienation of affection

oss of consortium

riminal conversation (Adultery)

ocial Relations

Meddling with or disturbing family relations

ntriguing to cause another to be alienated from his friends


37/42

conomic Relations

nterference with contractual relations

nfair competition

olitical Relations

iolation of right to suffrage (NCC, Art. 32)

iolation of other political rights (freedom of speech, press, assembly and petition, etc.)

efenses

bsence of element

rivilege

onsent

elf-defense and defense of others

ecessity NCC Art. 429

efense of property

uthority of Law

rescription

Waiver

orce majeure

. Negligence

oncept

ood Father of a Family or Reasonably Prudent Man

tandard of Care

CC, Art. 1173

mergency Rule

Unreasonable risk of Harm

vidence


38/42

resumption of Negligence

egal Provisions

es ipsa loquitur

Defenses

omplete

bsence of element

Due diligence

Acts of public officers

ccident or fortuitous event

amnum absque injuria

uthority of law

ssumption of risk

ast clear chance

rescription NCC, Art. 1144, 1146, and 1150

Waiver

ouble recovery NCC Art. 2177

Special Liability in Particular Activities

General

oncept

roducts Liability

Manufacturers or Processors

lements

onsumer Act RA 7394, secs. 92-107, (Ch. 1)

uisance NCC Arts. 694-707

uisance Per Se and Nuisance Per Accidence


39/42

ublic Nuisance and Private Nuisance

ttractive Nuisance

Violation of Constitutional Rights

iolation of Civil Liberties

iolation of Rights Committed by Public Officers

rovinces, Cities and Municipalities

Owner of Motor Vehicle

roprietor of Building or Structure or Thing

ead of Family

trict Liability

Animals

ossessor and User of an Animal

Nuisance (supra)

lasses< Per se or per accidents; Public or Private

asement Against Nuisance

roducts Liability (supra)

onsumer Act

OK II DAMAGES

eneral Considerations

lassification

CC Art. 2197

ccording to purpose

ccording to manner of determination

pecial and ordinary

Actual and Compensatory Damages


40/42

oncept

equisites

lleged and proved with certainty

ot speculative

omponent Elements

alue of loss; unrealized profit

ttorneys fees and expenses of litigation

nterest

xtent or scope of actual damages

n contracts and quasi-contracts

n crimes and quasi-delicts

Moral Damages

oncept (Arts. 2217-2218)

When recoverable (Arts. 2219-2220)

n seduction, abduction, rape and other lascivious acts

n acts referred to in Arts. 21, 26, 27, 28, 29, 32, 34 & 35, NCC

n cases of malicious prosecution

Nominal Damages

oncept

When awarded

emperate or Moderate Damages

oncept

Liquidated Damages

oncept; NCC Art. 2226

ules governing in case of breach of contract


41/42

Exemplary or Corrective Damages

oncept; NCC Art. 2229

When recovered

n criminal offenses; NCC Art. 2230

n quasi-delicts; NCC Art. 2231

n contracts and quasi-contracts; NCC Art. 2232

equisites

rts. 2233, 2234

. Damages in Case of Death

n crimes and quasi-delicts causing death

n death caused by breach of conduct by a common crime

Graduation of Damages

Duty of Injured Party

rt. 2203

ules

n crimes

n quasi-delict; NCC Art. 2214

n contracts, quasi-contracts and quasi-delicts; NCC Art. 2215

quidated damages; NCC Art. 2227

ompromise

Miscellaneous Rules1avvphi1

Damages that cannot co-exists

ominal with other damages, Art. 2223

ctual and Liquidated Art. 2226

Damages that must co-exist


42/42

xemplary with moral, temperate, liquidated or compensatory

amages that must stand alone

ominal Damages, Art. 2223

CLUDE: Distinction between tort and quasi-delict

PORTANT NOTE: This bar coverage description is not intended and should not be used by law schools as a syllabus or course

ine in the covered subjects. It has been drawn up for the limited purpose of ensuring that candidates reviewing for the bar

minations are guided on what basic and minimum amounts of laws, doctrines, and principles they need to know and be able

correctly before they can be licensed to practice law. More is required for excellent and distinguished work as members of

Lawphil Project - Arellano Law Foundation
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