CIVIL LAWI. Effect and Application of Laws (Civil Code)

A. Ignorance of the Law

B. Retroactivity of Laws

C. Mandatory or Prohibitory Laws

D. Waiver of Rights

E. Repeal of Laws

F. Judicial Decisions

G. Duty to Render Judgment

H. Presumption and Applicability of Custom

I. Legal Periods

J. Conflict of Laws

K. Rules Determining One’s Constructive Domicile

L. Include: Conflict of Laws (Private International Law)

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

Exclude: Independent civil actions and prejudicial questions which will be covered by the examinations in Remedial Law

PERSONSI. Persons and Personality (Civil Code)

A. Restrictions on Capacity to Act

B. Birth

C. Death

D. Comparison of Art 43 and Rule 131

1. Survivorship Rule under the NCC

2. Presumption on Survivorship under the Rules of Court

E. Judicial Persons

F. Domicile and Residence of Person

II. Marriage (Family Code)

A. Nature of Marriage

B. Kinds of Requisites

1. Essential Requisites

2. Formal Requisites

3. Effect of Absence of Requisites

a. Marriage Ceremony

b. Solemnizing Authority

c. Marriage License

1.) Foreign National

2.) Exceptions

3.) Marriage License

C. Effect of Marriage Celebrated Abroad and Foreign Divorce

D. Void and Voidable Marriages

1. Void Marriage

a. Absence of Requisites

b. Psychological Incapacity

c. Incestuous Marriages

d. Prescription

e. Subsequent Marriage

2. Voidable Marriages

a. Presence of Prosecutor

b. Pendency of Action

c. Effects of Nullity

Exclude: Muslim Code (P.D. 1083)

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

Exclude: A.M. No. 02-11-10-SC, Rule on Declaration of Absolute Nullity of Void Marriages 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 x x x”; R.A. No. 9208 or the Anti-Trafficking in Persons Act of 2003

III. Legal Separation

A. Grounds

B. Defenses

C. Cooling-off Period

D. Reconciliation Efforts

E. Confession of Judgment

F. Effects of Filing Petition

G. Effects of Pendency

H. Effects of Legal Separation

I. Reconciliation

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

IV. Rights and Obligations Between Husband and Wife

A. Essential Obligations

B. Marriage Settlements

C. Donations by Reason of Marriage

1. Void Donations by the Spouses

Exclude: R.A. No. 7192 or the Women in Development and Nation Building Act; R.A. No. 8187, or the Paternity Leave Act of 1996; R.A. No. 9710, or The Magna Carta of Women.

V. Property Relations of the Spouses

A. Absolute Community

1. General Provisions

2. Charges upon and Obligations of the Community Property

3. Ownership, Administration, Enjoyment and Disposition of the Community Property

4. Dissolution of Community Regime

5. Liquidation of the Absolute Community Assets and Liabilities

B. Conjugal Partnership of Gains

1. General Provisions

2. Exclusive Property of Each Spouse

3. Conjugal Partnership Property

4. Charges Upon and Obligations of the CPG

5. Administration of the CPG

6. Dissolution of CPG Regime

7. Liquidation of the Conjugal Partnership Assets and Liabilities

C. Separation of Property of the Spouses and Administration of Common Property by One Spouse During the Marriage

1. Regime of Separation of Property

D. Property Regime of Unions Without Marriage

VI. The Family

A. The Family as an Institution

B. The Family Home

VII. Paternity and Filiation

A. Legitimate Children

B. Proof of Filiation

C. Illegitimate Children

D. Legitimated Children

E. Rights of Children

VIII. Adoption

A. Domestic Adoption Law

1. Who can adopt?

2. Adoptee

Exclude:

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

R.A. No. 9523, entitled “An Act Requiring Certification of the Department of Social Welfare and Development to Declare a ‘Child Legally Available for Adoption’ as a Prerequisite for Adoption Proceedings x x x.”

B. Intercountry Adoption Act of 1995 (RA 8043)

1. Adopter

2. Adoptee

3. Inter-country Adoption Board

Exclude: Articles 183-188, 191-193 (Family Code)

IX. Support

A. What it Comprises

B. Who are Obliged

C. Support During Marriage Litigation

D. Amount

E. When Demandable

F. Options

G. Attachment

X. Parental Authority

A. General Provisions

B. Substitute and Special Parental Authority

C. Effects of Parental Authority Upon the Person of the Children

D. Effects of Parental Authority Upon the Property of the Children

E. Suspension or Termination of Parental Authority

Exclude:

Rule on Guardianship of Minors (A.M. No. 03-02-05-SC)

Rules on Custody of Minors and Writ of Habeas Corpus in Relation to Custody of Minors (A.M. No. 03-04-04-SC)

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

The Early Childhood Care and Development Act (R.A. No. 8980)

Exclude: 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 x x x,” which will be covered under Labor Law

Include: Child Abuse Law (R.A. No. 7610)

XI. Emancipation

XII. Summary Judicial Proceedings in Family Law Cases

XIII. Retroactivity of the Family Code

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

XIV. Funerals

Exclude: Care and Education of Children (Arts. 356-363, Civil Code)

XV. Use of Surnames

A. Middlename

Arts. 364-369, 369-380, Civil Code (other articles repealed by Family Code)

XVI. Absence

XVII. Civil Registrar

A. Article 407-413

B. R.A. 9048

C. Rule 108, Rules of Court

Exclude: Act No. 375 and the Implementing Rules and Regulations of R.A. No. 9048

PROPERTYI. Characteristics

II. Classification

A. Hidden Treasure

B. Accession

1. Fruits

2. Accession; Immovable Property Fruits

3. Usufructuary

4. Land Adjoining River Banks

a. Alluvion

b. Change in the Course of River

c. Avulsion

5. Islands

C. By Object

1. Real or Immovable

a. Immovable by Nature and Incorporation

b. Immovable by Incorporation

2. Personal or Movable

D. By Owner

1. Public Dominion

2. Private Ownership

E. By Nature

III. Ownership

A. Rights in General

B. Bundle of Rights Personal or Movable

1. Jus Utendi, Fruendi, Abutendi, Vindicandi, Dispodendi, Possidendi, Accesiones

C. Remedies to Recover Possession

1. Actions to Recover Ownership and Possession of Real Property

a. Distinctions between Acction Reinvidicatoria, Acction Publiciana, Accion Interdictal

b. Distinction between Forcible Entry and Unlawful Detainer

2. Actions for Recovery of Possession of Movable Property

a. Requisites for Recovery of Property

b. Distinction Between Real and Personal Rights

c. Limitations

IV. Accession

A. General Rules

1. For Immovables

a. Accession Discreta

b. Accession Continua

c. Accession Industrial

d. Accession Natural

2. For Movables

a. Accession Continua

b. Rules for Determining the Principal and Accessory

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

A. Requirements

B. Prescription or Non-prescription of Action

VI. Co-ownership

A. Characteristics of Co-ownership in General

B. Special Rules

1. Concept of Condominium

a. Condominium Corporation

b. Interest in Real Property

2. Concept of Common Areas, Amendment

3. Grounds for Partition of Common Areas, or Dissolution of the Condominium

C. Sources of Co-ownership

D. Rights of Co-owners

1. Distinction Between Right to Property Owned in Common and Full Ownership Over His/Her Ideal Share

2. Acts of Alteration

3. Right to Partition

4. Right to Contributions for Expenses

a. Waiver

5. Right of Redemption of Co-owners Share

E. Termination/Extinguishment

1. Effect of Partition

2. Rights Against Individual Co-owners in Case of Partition

3. Partition in Case of Co-owners Cannot Agree

VII. Possession

A. Characteristics

B. Acquisition of Possession

C. Effects of Possession

1. Possessor in Good Faith

a. Right to Pending Fruits

b. Right to be Reimbursed

1.) Necessary and Useful Expenses

2.) Expenses for Pure Luxury

2. Possessor In Bad Faith

a. Loss or Unlawful Deprivation of a Movable

b. Finder of Lost Movable

c. Distinguished from Voidable Title

D. In Concept of Owner, Holder, in One’s Own Name, in Name of Another

1. Rights of the Possessor

E. Loss/Termination

VIII. Usufruct

A. Characteristics

B. Classification

C. Rights and Obligations of Usufructuary

D. Rights of the Owner

E. Extinction / Termination

IX. Easements

A. Characteristics

B. Parties to an Easement

C. Classifications of Easement

1. Legal Easement

a. Right of Way

b. Other Legal Easement

2. Voluntary Easement

D. Modes of Acquiring Easements

1. Compulsory Eastments

2. Easement of Light and View

E. Extinguishment of Easements

X. Nuisance

XI. Modes of Acquiring Ownership

A. Occupation

B. Donation

1. Definition

2. Characteristics

a. Extent to Which Donor may Donate Property

b. Reservations and Reversions

3. Kinds

a. Donation Inter Vivos

b. Donation by Reason of Marriage

c. Donation Mortis Causa

d. Onerous Donation

e. Simple, Modal, Conditional

4. Formalities Required

a. How Made and Accepted

b. Perfection

c. Differences Between Formalities for Donation of Real, Personal Properties

5. Qualifications of Donor, Donee

6. Effects of Donation/Limitations

a. In General

b. Double Donations

c. Excessive/Inofficious

d. In Fraud of Creditor

e. Void Donations

7. Revocation or Reduction

a. Grounds for Revocation and Reduction

b. Effects

c. Prescription

d. Inofficious Donations

e. Ingratitude

C. Modes of Extinguishing Ownership

PRESCRIPTIONI. Definition

A. Acquisitive

1. Characteristics

2. Ordinary

a. Good Faith

b. Just Title

3. Extraordinary

4. Requisites

5. Period

6. What Cannot Be Required by Acquisitive Prescription

B. Extinctive

II. No prescription applicable

III. Prescription or limitation of actions

OBLIGATIONSI. Definition

II. Elements of an Obligation

III. Different Kinds of Prestations

IV. Classification of Obligations

V. Sources of Obligations

A. Obligation Ex Lege

B. Obligation Ex Contractu

C. Obligation Ex Quasi-Contractu

D. Obligation Ex Delicto

E. Obligations Ex Quasi-Delicto

1. Distinguished from Culpa Contractual and Culpa Criminal

F. Natural Obligations

G. Estoppel

H. Laches

VI. Nature and Effect of Obligations

A. Breaches of Obligations

1. Delay

2. Mora Solvendi

3. Mora Accipiendi

4. Compensatio Morae

5. Fraud

6. Negligence

7. Contravention of Tenor of Obligation (Violatio)

8. Fortuitous Event

B. Remedies

1. Specific Performance

2. Rescission

3. Damages

C. Subsidiary Remedies

1. Accion Subrogatoria

2. Accion Pauliana

3. Accion Directa

VII. Kinds of Civil Obligations

A. Pure Obligations

B. Conditional Obligations

1. Suspensive Condition

2. Resolutory Condition

3. Potestative Condition

4. Causal Condition

C. Obligation with a Period

D. Alternative Obligation/Facultative Obligation

VIII. Joint and Solidary Obligation

A. Joint and Solidary Obligations

B. Joint Indivisible Obligations

C. Solidary Obligations

D. Divisible and Indivisible Obligations

E. Obligations with a Penal Clause

IX. Extinguishment of Obligations

A. Payment or Performance

1. Special Forms of Payment

a. Dation in Payment

2. Form of Payment

a. Payment in Cash

b. Payment by Negotiable Instrument

3. Extraordinary Inflation or Deflation

4. Application of Payments

5. Payment by Cession

6. Tender of Payment

a. Tender of Payment and Consignation

B. Loss of the Thing Due

C. Condonation or Remission of Debt

D. Confusion or Merger of Rights

E. Compensation

1. Kinds of Compensation

F. Novation

CONTRACTSI. In General

A. Relativity of Contracts

B. Obligatory Force of Contracts

C. Mutuality of Contracts

D. Autonomy of Contracts

II. Essential Requisites

A. Consent

B. Object

C. Cause

III. Kinds of Contracts

IV. Formality

A. Reformation

V. Defective Contracts

A. Rescissible Contracts

B. Voidable Contracts

C. Unenforceable Contracts

D. Void and Inexistent Contracts

VI. Effect of Contracts

SALESI. Definition and Essential Requisites of a Contract of Sale

A. Characteristics of Contract of Sale

B. Sale is a Title and NOT a Mode

C. Contract to Sell

D. Distinctions of the Contract of Sale with Other Contracts

II. Parties to a Contract of Sale

A. Capacity of the Parties

1. Absolute Incapacity

2. Relative Incapacity

B. Special Disqualifications

C. Sale by a Person Having a Voidable Title

III. Subject Matter

A. Particular Kinds

IV. Obligations of the Seller to Transfer Ownership

A. Sale by a Person Who Does Not Own the Thing Sold

V. Price

A. When No Price is Agreed Upon by the Parties

B. Option Money vis-à-vis Earnest Money

VI. Formation of Contract of Sale

A. Perfection

B. Consummation

VII. Transfer of Ownership

A. When Delivery Does Not Transfer Title

B. Double Sale

C. Property Registration Decree

VIII. Risk of Loss

IX. Documents of Title

X. Remedies of an Unpaid Seller

XI. Performance of Contract

XII. Warranties

A. Warranty Against Eviction

B. Warranty Against Hidden Defect

C. Remedies in Case of Breach of Warranty

D. Condition vis-à-vis Warranty

XIII. Breach of Contract

A. Remedies of the Seller

B. Remedies of the Buyer

XIV. Extinguishment of the Sale

A. Conventional Redemption

1. Equitable Mortgage

2. Distinguished from Option to Buy

3. Period of Redemption

4. Exercise of the Right to Redeem

B. Legal Redemption

XV. The Subdivision and Condominium Buyers' Protective Decree (P.D. 957)

XVI. The Condominium Act (R.A. No. 4726)

Exclude: Electronic Commerce Act of 2000 (R.A. No. 8792); Public Land Law, Retail Trade and Liberalization Act, Bulk Sales Law (Act No. 3952)

SUCCESSIONI. General Provisions

A. Succession Occurs at the Moment of Death

B. Kinds of Succession and Successors

II. Testamentary Succession

A. Personal Act; Non-Delegability of Will-Making

B. Testamentary Capacity and Intent

C. Formal Validity Rules

D. Law Governing Substantive Validity

E. Notarial Wills

1. Special Rules for Handicapped Testators

2. Substantial Compliance

3. Witnesses

F. Holographic Wills

1. Alterations, Requirements

G. Joint Wills

H. Codicils

I. Incorporation by Reference

J. Revocation of Wills

K. Reproduction and Revival of Wills

L. Allowance and Disallowance of Wills, Probate Requirement

1. Grounds for Denying Probate

M. Institution of Heirs

N. Preterition

O. Predecease, Incapacity and Repudiation

P. Right of Representation

Q. Completion of the Legitime

R. Substitution of Heirs

S. Legitime

1. Rules on Legitime

2. Table of Legitimes

3. Compulsory Heirs and Various Combinations

T. Reserva Troncal

U. Disinheritance

V. Legacies and Devises

III. Legal or Intestate Succession

A. Order of Intestate Succession

B. Table of Intestate Shares

C. Right of Representation

D. Iron Curtain Rule

IV. Provisions Common to Testate and Intestate Succession

A. Right of Accretion

B. Capacity to Succeed by Will or Intestacy

1. Persons Incapable of Succeeding

2. Relative Incapacity to Succeed

C. Unworthiness vs. Disinheritance

D. Acceptance and Repudiation of the Inheritance

E. Partition and Distribution of Estate

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

PARTNERSHIPI. Contract of Partnership

A. Share in Profits and Losses

B. Rules to Determine Existence

C. Effects of an Unlawful Partnership

D. How Partnership is Formed

E. Partnership Term

F. Classifications of Partnership

1. Universal vs. Particular

2. General vs. Limited

3. Professional Partnership

G. Management of the Partnership

H. Compensation

II. Rights and Obligations of Partnership

III. Rights and Obligations of Partners Among Themselves

A. Rights of Partners

IV. Obligations of Partnership/Partners to Third Persons

A. Partnership by Estoppel

V. Dissolution

A. Winding Up

VI. Limited Partnership

A. How Limited Partnership is Formed/Amended

B. Rights and Obligations of a Limited Partner

C. Summary of Rights and Obligations of Partners

AGENCY

I. Definition of Agency

II. Powers

A. Rights of Agents

B. Responsibilities and Obligations of an Agent

III. Express vs. Implied Agency

IV. Agency by Estoppel

V. General vs. Special Agency

VI. Agency Couched in General Terms

VII. Agency Requiring Special Power of Attorney

VIII. Agency by Operation of Law

IX. Rights and Obligations of Principal

X. Irrevocable Agency

XI. Modes of Extinguishment

COMPROMISEI. Definition

II. Void Compromise

III. Effect

CREDIT TRANSACTIONSI. Loan

A. Commodatum & Mutuum

1. Commodatum

2. Mutuum

B. Bailor

1. Obligations of the Bailor

2. Rights of a Bailor

C. Bailee

1. Obligations of the Bailee

2. Rights of a Bailee

D. Interest and the Suspension of the Usury Law

II. Deposit

A. Parties to a Contract of Deposit

B. Voluntary Deposit

C. Necessary Deposit

D. Judicial Deposit

III. Guaranty and Suretyship

A. Nature and Extent of Guaranty

B. Effects of Guaranty

C. Parties to a Contract of Guaranty

D. Benefit of Excussion

E. Benefit of Division

F. Sub-Guaranty

G. Continuing Guaranty

H. Extinguishing of Guaranty

I. Material Alteration of Contract

J. Legal and Judicial Bonds

IV. Pledge

A. Pledge Mortgage, and Antichresis

B. Accommodation Mortgage

C. Pactum Commissorium

D. Obligations of Pledgor and Pledgee

E. Rights of Pledgor

F. Foreclosure

G. Pledge by Operation of Law

H. Pledge Distinguished from Mortgage

V. Real Mortgage

A. Foreclosure

B. Redemption

Include: Act 3135, as amended by R.A. No. 4118

VI. Antichresis

VII. Chattel Mortgage

A. Registration

B. Foreclosure

Include: Act 1508

VIII. Quasi-contracts

A. Negotiorium Gestio

B. Solutio Indebiti

IX. Concurrence and Preference of Credits

A. Preferred Credits on Specific Immovables

B. Exempt Properties

C. Classification of Credits

D. Order of Preference of Credit

E. Insolvency Law – FRIA

1. Court-Supervised Rehabilitation

2. Pre-negotiated Rehabilitation

3. Out of Court or Informal Restructuring Agreements or Rehabilitation Plans

4. Suspension of Payments

5. Liquidation

6. Insolvency of Individual Debtors

a. Voluntary Insolvency

b. Involuntary Insolvency

LEASE- Duration of Lease

I. Lease of Things

A. Sublease

B. Remedies in Sublease

II. Lease of Work or Services

III. Lease of Rural and Urban Lands

IV. Rights and Obligations of Lessor and Lessee

V. Special Rules for Lease of Rural/Urban Lands

A. Rural Lands

B. Urban Lands

C. Termination of Lease

VI. Household Service (Exclude, for inclusion in Labor Law)

VII. Contract of Labor (Exclude, for inclusion in Labor Law)

VIII. Contract for Piece of Work (Exclude, for inclusion in Labor Law)

LAND TITLES AND DEEDSI. Torrens System

A. Certificate of Title

II. Regalian Doctrine

III. Citizenship Requirement

IV. Original Registration

A. Who May Apply

1. Under P.D. 1529

2. Acquisition of Title by Law

3. Patents Under the Public Land Act

4. Land Patents

5. Accretion

6. Reclamation

7. Under C.A. 141

8. Under R.A. 8371

B. Registration Process and Requirements

C. Application

D. Opposition

E. Evidence Required

F. Judgment and Decree of Registration

G. Writ of Possession

H. Decree of Confirmation and Registration

I. Remedies in Registration Proceedings

1. Reconveyance

2. Damages

3. Cancellation Suit

4. Quieting of Title

J. Remedy in Case of Loss or Destruction of Certificate of Title

K. Surrender of Withheld Duplicate Certificate of Title

L. Amendment or Correction of Certificate of Title

M. Reversion

N. Cadastral Land Registration

V. Subsequent Registration

A. Voluntary Dealings

B. Involuntary Dealings

VI. Non-registrable Properties

VII. Dealings with Unregistered Lands

Exclude:

History of land laws

Remedies sufficiently covered under Remedial Law

Registration of judgments, orders and partitions

Assurance fund

Registration of patents

Administrative structure of the Register of Deeds

Consultas

TORTS AND DAMAGESBook I--Torts

I. Principles

II. Classification of Torts

A. According to Scope: General or Specific

III. The Tortfeasor

IV. Act of Omission and its Modalities

A. Parents

B. Guardian

C. Owners and Managers or Establishments and Enterprises

D. Employers

E. State

F. Teachers and Heads of Establishments of Arts and Trades

V. Proximate Cause

A. Efficient Intervening Cause

B. Cause vs. Condition

VI. Legal Injury

A. Classes of Injury

VII. Intentional Torts

A. Intentional Physical Harm

1. Battery (Physical Injury)

2. Assault (Grave Threat)

3. False Imprisonment (Dignity Tort/illegal Detention)

4. Trespass to Land

5. Trespass to Chattels (Trover)

6. Conversion

B. Intentional Non-Physical Harms

1. Violation of Personal Dignity

2. Infliction of Emotional Distress

3. Violation of Privacy

4. Malicious Prosecution

5. Defamation

6. Fraud or Misrepresentation (Formerly Deceit)

7. Seduction

8. Unjust Dismissal

9. Violation of Rights Committed by Public Officers

10.Interference with Relations

a. Family Relations

1.) Alienation of Affection

2.) Loss of Consortium

3.) Criminal Conversation (Adultery)

b. Social Relations

c. Economic Relations

1.) Interference with Contractual Relations

2.) Unfair Competition

d. Political Relations

1.) Defenses

VIII. Negligence

A. Last Clear Chance

B. Good Father of a Family or Reasonably Prudent Man

C. Standard of Care

D. Unreasonable Risk of Harm

E. Presumption of Negligence

F. Res Ipsa Loquitur

G. Violenti Non Fit Injuria

IX. Special Liability in Particular Activities

A. Products Liability

X. Strict Liability

A. Possessor and User of an Animal

B. Nuisance

1. Public and Private Nuisance

2. Attractive Nuisance

Book II--Damages

I. General Considerations

II. Actual and Compensatory Damages

A. Attorney’s Fees and Expenses of Litigation

B. Extent of Scope of Actual Damages

1. In Contracts and Quasi-Contracts

2. In Crimes and Quasi-delicts

III. Moral Damages

IV. Nominal Damages

V. Temperate or Moderate Damages

VI. Liquidated Damages

VII. Exemplary or Corrective Damages

VIII. Damages in Case of Death

IX. Graduation of Damages

X. Miscellaneous Rules

XI. IMPORTANT NOTES:

1. This listing of covered topics is not intended and should not be used by the law schools as a course outline. This was drawn up for the limited purpose of ensuring that Bar candidates are guided on the coverage of the 2014 Bar Examinations.

2. All Supreme Court decisions - pertinent to a given Bar subject and its listed topics, and promulgated up to March 31, 2014 - are examinable materials within the coverage of the 2014 Bar Examinations.