Peaches Diaries | Civil Law | Syllabus | 2017 Bar Exams

PART I. GENERAL PRINCIPLES

I. Effect and Application of Laws (Civil Code)

IV. Rights and Obligations Between Husband and Wife
Include: Conflict of Laws (Private International Law)

I. Human Relations (Arts. 19-22, Civil Code)

Exclude: Independent civil actions and prejudicial questions which will be covered
by the examinations in Remedial Law Exclude: R.A. No. 7192 or the Women in Development and

PART II. PERSONS AND FAMILY RELATIONS Nation Building Act; R.A. No.8187, or the Paternity Leave Act of

I. Persons and Personality (Civil Code) 1996; R.A. No. 9710, or The Magna Carta of Women.

II. Marriage (Family Code)

Exclude: V. Property Relations of the Spouses (Family Code)

1. Muslim Code (P.O. 1083)

2. Duties of a Civil Registrar under Articles 12-19, 23-25 (Family Code)

3. A.M. No. 02-11-10-SC, Rule on Declaration of Absolute Nullity of Void Marriages Exclude: Summary Judicial Proceedings in Family Law Cases
and Annulment of Voidable Marriages; R.A. No. 6955, entitled "An Act to Declare
Unlawful the Practice of Matching Filipino Women for Marriage to Foreign
Nationals on a Mail Order Basis and Other Similar Practices xxx". R.A. No. 9208 or
the Anti• Trafficking in Persons Act of 2003
VI. The Family (Family Code)

III. Legal Separation (Family Code)

1. The family as an institution

2. The family home

Exclude: A.M. No. 02-11-11-SC, or the Rule on Legal

Separation

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 Peaches Diaries | Civil Law | Syllabus | 2017 Bar Exams
VII. Paternity and Filiation (Family Code)

B. Inter-Country Adoption Act of 1995 (R.A. No. 8043)

Exclude: A.M. No. 06-11-5-SC or Rule on DNA Evidence 1. When allowed

2. Who can adopt

3. Who can be adopted

VIII. Adoption

C. Distinction between domestic adoption and inter-country adoption

A. Domestic Adoption Act of 1998 (R.A. No. 8552)

1. Who can adopt

2. Who can be adopted Exclude: Articles 183-188, 191-193 (Family Code)

3. Rights of an adopted child (include Art. 189-190, Family

Code)

4. Instances when adoption may be rescinded IX. Support (Family Code)

5. Effects of rescission

X. Parental Authority (Family Code)

Exclude:

1. Rule on Adoption (A.M. No. 02-6-02-SC)

2. R.A. No. 9523, entitled "An Act Requiring Certification of the Department of Include: Child Abuse Law (R.A. No. 7610), specifically Sec. 10
Social Welfare and Development to Declare a 'Child Legal Available for Adoption' as
a Prerequisite for Adoption Proceedings xxx." (c).

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Exclude:

1. Rule on Guardianship of Minors (A.M. No. 03-02-05-SC) Exclude: Care and Education of Children (Arts. 356-363, Civil

2. Rules on Custody of Minors and Writ of Habeas Corpus in Code)

Relation to Custody of Minors (A.M. o. 03-04-04-SC)

3. Solo Parents' Welfare Act of 2000 (R.A. No. 8972)

4. The Early Childhood Care and Development Act (R.A. XIV. Use of Surnames

No. 8980)

5. R.A. No. 9231, entitled "An Act Providing for the Elimination of the Worst Forms
of Child Labor and Affording Stronger Protection for the Working Child xxx," which
will be covered under Labor Law Arts. 364-380, Civil Code (other articles not repealed by Family

Code)

XI. Emancipation (Arts. 234 and 236, Family Code, as amended by R.A. No. 6809
which lowered the age of majority)
Include: R.A. No. 9255 (An Act Allowing Illegitimate Children to

Use the Surname of Their Father)

XII. Retroactivity of the Family Code (Art. 256)

XV. Absence

Exclude: Arts. 254-255, 257 (Family Code)

1. Art. 41, Family Code

2. Art. 381-389, Civil Code

XIII. Funerals (Arts. 305-310, Civil Code)
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 Peaches Diaries | Civil Law | Syllabus | 2017 Bar Exams
3. Art. 390-392, Civil Code (Presumption of Death)

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 Peaches Diaries | Civil Law | Syllabus | 2017 Bar Exams
PART III. PROPERTY I. Definition

I. Characteristics

II. Classification

III. Ownership II. Acquisitive and Extinctive Prescription

V. Accession

V. Quieting of Title to or Interest in and Removal or Prevention of Cloud over Title

or Interest in Real Property
Ill. Instances when prescription is not allowed
VI. Co-ownership VII. Possession VIII. Usufruct

IX. Easements

IV. Prescription or limitation of actions

X. Nuisance

XI. Modes of Acquiring Ownership

XII. Donations

Prescription

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 Peaches Diaries | Civil Law | Syllabus | 2017 Bar Exams
PART IV. OBLIGATIONS AND CONTRACTS

OBLIGATIONS

I. Definition, Elements Ill. Objects, Cause and Form of Contracts

II. Sources of Obligation

III. Nature and Effects of Obligations

IV. Kinds of Obligations IV. Reformation of Instruments v. Interpretation of Contracts VI. Rescissible
Contracts
1. Pure and Conditional
VII. Voidable Contracts
2. Obligations with a Period

3. Alternative Obligations

4. Joint and Solidary Obligations

VIII. Unenforceable Contracts
5. Divisible and Indivisible Obligations

6. Obligations with a Penal Clause

V. Extinguishment of Obligations
IX. Void and Inexistent Contracts
1. Payment or Performance

2. Loss of the Thing Due

3. Condonation or remission of debt

4. Confusion or merger of rights of creditor and debtor

Natural Obligations
5. Compensation

6. Novation

CONTRACTS
Estoppel
I. Essential Requisites

II. Kinds of Contracts

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 Peaches Diaries | Civil Law | Syllabus | 2017 Bar Exams

PART V. SALES VII. Extinguishment of Sale

I. Nature and Form of Contract

II. Capacity to Buy or Sell

VIII. Assignment of Credits

Ill. Effects of the Contract when the Thing Sold has been lost

IV. Obligations of the Vendor

V. Obligations of the Vendee

VI. Breach of Contract

Include:

1. Recto Law: sale of movables on installment (Articles

1484-1486, Civil Code)

2. Maceda Law: sale of immovable on installment (RA 6552)

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 Peaches Diaries | Civil Law | Syllabus | 2017 Bar Exams
PART VI. LEASE

I. General Provisions

1. Lease of Things

2. Lease of Work and Services

II. Lease of Rural and Urban Lands

Ill. Rights and Obligations of Lessor and Lessee

IV. Special Rules for Lease of Rural/Urban Lands

Exclude: Household Service, Contract of Labor, Contract for Piece of Work (for
inclusion in Labor Law)

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 Peaches Diaries | Civil Law | Syllabus | 2017 Bar Exams
PART VII. PARTNERSHIP

I. Contract of Partnership

II. Rights and Obligations of Partnership

III. Rights and Obligations of Partners Among Themselves

IV. Obligations of Partnership/ Partners to Third Persons

V. Dissolution and Winding Up

VI. Limited Partnership

PART VIII - AGENCY I. Definition

II. Nature, Form and Kinds of Agency

Ill. Obligations of the Agent

IV. Obligations of the Principal

V. Modes of Extinguishment

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 Peaches Diaries | Civil Law | Syllabus | 2017 Bar Exams
PART IX. TRUST

I. Definition

II. Kinds of Trust

1. Express Trust

2. Implied Trust

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 Peaches Diaries | Civil Law | Syllabus | 2017 Bar Exams
PART X. CREDIT TRANSACTIONS Ill. Legal or Intestate Succession

I. Loan

II. Deposit

III. Guaranty and Suretyship IV. Provisions Common to Testate and Intestate Succession

IV. Pledge, Mortgage and Antichresis, Chattel Mortgage

(include Act 1508)

Exclude: Executors and administrators (Articles 1058-1060, Civil Code), which will be
covered under Remedial Law
V. Quasi-Contracts

VI. Concurrence and Preference of Credits

Include: Section 133 of Republic Act No. 10142 (An Act Providing for the
Rehabilitation or Liquidation of Financially Distressed Enterprises and Individuals)

PART XI - SUCCESSION I. General Provisions

II. Testamentary Succession/Wills

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 Peaches Diaries | Civil Law | Syllabus | 2017 Bar Exams
PART XII. LAND TITLES AND DEEDS 4. Assurance fund

I. Torrens System (General Principles) 5. Registration of patents

II. Original Registration 6. Administrative structure of the Register of Deeds

7. Consultas

Ill. Subsequent Registration

1. Voluntary dealings

2. Involuntary dealings

B. Non-registrable Properties

C. Dealings with Unregistered Lands

Exclude:

1. History of land laws

2. Remedies sufficiently covered under Remedial Law

3. Registration of Judgments, orders and partitions

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 Peaches Diaries | Civil Law | Syllabus | 2017 Bar Exams
PART XIII. TORTS AND DAMAGES II. Actual and Compensatory Damages

Book I - Torts/Quasi-Delicts

Articles 2176-2194 (Civil Code) I. Definition, Elements

II. Classification of Torts Ill. Moral Damages

1. Negligent Torts

2. Intentional Torts

3. Strict Liability IV. Nominal Damages

Ill. The Tortfeasor V. Temperate or Moderate Damages

1. Direct tortfeasor

2. Persons made responsible for others

3. Nature of liability VI. Liquidated Damages

IV. The Concepts and Doctrines of Res lpsa Loquitur, Last Clear Chance, Proximate
Cause, Damnum Absque lnjuria, Presumption of Negligence, Vicarious Liability.
VII. Exemplary or Corrective Damages

V. Legal Injury
VIII. Damages in Case of Death

Book II - Damages

Articles 2195-2235 (Civil Code) I. General Provisions

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