Civil Law
Civil Law
Civil Law
NOTE: This syllabus is an outline of the key topics that fall under the core subject “Civil Law
(and Practical Exercises)”. Accordingly, all Bar candidates should be guided that only laws,
rules, issuances, and jurisprudence pertinent to these topics as of June 30, 2021 are examinable
materials within the coverage of the 2022 Bar Examinations.
PART I
I. PRELIMINARY TITLE
B. Human Relations
Article 19 - 35
II. PERSONS AND FAMILY RELATIONS
A. Persons
1. Civil personality
General Provisions: Article 37 – 39
2. Use of surnames
Article 364 – 380
3. Entries in the Civil Registry and Clerical Error Law (R.A. No. 9048, as amended)
DR. RUBEN C. BARTOLOME v. REPUBLIC OF THE PHILIPPINES G.R. No. 243288, 28
August 2019
- The inclusion of petitioner's middle name as well as the correction of his misspelled
surname are covered by R.A. 9048, as amended. While substantial corrections of entries
in the civil register are still covered by Rule 108, typographical or clerical corrections
must now be filed under R.A. 9048. Misspelled names or missing entries are clerical
corrections if they are visible to the eyes or obvious to the understanding and if they may
be readily verified by referring to the existing records in the civil register. They must not,
however, involve any change in nationality, age or status. To obviate any further
confusion on the matter, the Court categorically holds that typographical or clerical
errors in a person's surname must likewise be corrected through the administrative
proceeding under R.A. 9048.
4. Absence
a. Civil Code provisions
Provisional measurement in case of absence: Article 381 - 383
Declaration of absence: Article 384 – 386
Administration of the property of the absence: Article 387 – 389
Presumption of death: 390 – 391
Effect of absence upon the contingent rights of the absentee: 393 – 396
B. Marriage
1. Requisites of marriage
Article 1 – 26
the Supreme Court through Justice Caguioa ruled that Article 26(2) applies to mixed
marriages where the divorce decree is: (i) obtained by the foreign spouse; (ii) obtained jointly
by the Filipino and foreign spouse; and (iii) obtained solely by the Filipino spouse.
a. Annulment under Article 36 (as recently articulated in Tan-Andal v. Andal, G.R. No.
196359, May 11, 2021; Totality of Evidence Rule)
- Tan-Andal vs. Andal – Psychological incapacity does not refer to a mental illness nor
psychological illness. It is not a medical issue but instead view as legal issue. It is simply
a personal condition or personality structure of a person which is durable and enduring
and becomes dysfunctional that it renders a person totally unable to comply the essential
marital obligation.
- Those grounds for legal separation are also manifestation of the existence of
psychological incapacity.
- It pronounced that psychological incapacity is not a medical but a legal concept, that the
word mental is not synonymous with psychological. Psychological incapacity refers to a
personal condition that prevents a spouse to comply with the fundamental marital
obligations only in relation to a specific partner that may exist at the time of the
marriage but may have revealed through behavior subsequent to the celebration thereof.
Psychological incapacity consists of clear acts of dysfunctionality that show a lack of
understanding and concomitant compliance with one's essential marital obligations due
to psychic causes. It is not a medical illness that has to be medically or clinically
identified; hence, expert opinion is not required.
C. Legal Separation
Article 55 – 67
F. Family home
The family as an institution
Article 149 – 151
2. Proof of filiation
3. Illegitimate children
4. Legitimated children
H. Adoption
2. Inter-country adoption (RA 8043)
a. When allowed
I. Support
J. Parental authority
General provisions
Article 209 – 215
Substitute and special parental authority
Article 216 – 219
Effect of parental authority upon the persons of the children
Article 220 – 224
Effect of parental authority upon the property of the children
Article 225 – 227
Suspension or termination of parental authority
Article 228 - 233
K. Emancipation
Article 234 - 237
III. SUCCESSION
A. General provisions
Article 774 – 782
B. Testamentary succession
1. Wills
Wills in general
Article 783 – 839
2. Institution of heirs (including declaration of heirship as decided in Treyes v. Larlar, G.R. No.
232579. September 8, 2020)
Article 840 – 856
3. Substitution of heirs
Article 857 – 870
5. Legitime
Article 886 – 914
6. Disinheritance
Article 915 – 923
3. Acceptance and repudiation of inheritance
Article 1041 – 1057
A. Obligations
1. General provisions
Article 1156 – 1162
3. Kinds
Article 1179 – 1230
4. Extinguishment
General provision
Article 1231 - 1304
B. Contracts
1. General provisions
Article 1305 – 1317
2. Essential requisites
General provisions
Article 1318
Consent
Article 1319 – 1346
Object of contracts
Article 1347 – 1349
Cause of contracts
Article 1350 – 1355
3. Reformation of instruments
4. Interpretation of contracts
5. Rescissible contracts
6. Voidable contracts
7. Unenforceable contracts
B. Natural obligations
C. Estoppel
D. Trusts
General provisions
Article 1440 – 1442
Express trust
Article 1443 – 1446
Implied trust
Article 1447 – 1457
E. Quasi-Contracts
V. SALES
1. Essential requisites
2. Perfection
Article 1475
C. Effects of the contract when the thing sold has been lost
D. Obligations of vendor
General provision
Article 1495 – 1496
Delivery of the thing sold
Article 1497 – 1544
Conditions and warranties
Article 1545 – 1581
E. Obligations of vendee
F. Breach of contract
Article 1594
1. Remedies
Act no. 4122, as amended by Articles 1484 – 1486 of the Civil Code
And Republic Act no. 6552
G. Extinguishment
1. In general
3. Equitable mortgage
H. Assignment of credits
VI. LEASE
A. General provisions
B. Rights and obligations of the lessor
VII. PARTNERSHIP
A. General provisions
D. Limited partnership
VIII. AGENCY
A. Nature, form and kinds
D. Modes of extinguishment
A. Loan
General provision
Article 1933 – 1934
Commodatum
Article 1935 – 1952
Simple loan or mutuum
Article 1953 – 1961
B. Deposit
Article 2047 – 2084 and Section 177 PD no. 612, as amended by RA no. 10607
D. Quasi-Contracts
A. Torts
1. Elements
3. Vicarious liability
B. Proximate cause
C. Negligence
1. Standard of care
2. Presumptions
D. Damages
1. General provisions
2. Kinds of damages
3. In case of death
PART II
I. PROPERTY
A. Classification of property
Preliminary provisions
Article 414
Immovable property
Article 415
Movable property
Article 416 – 418
Property in relation to the person to whom it belongs
Article 419 – 425
Provision common to the three preceding chapters
Article 426
B. Ownership
1. General provisions
2. Rules on accession
C. Co-ownership
D. Possession
1. Kinds of possession
2. Acquisition of possession (including possession based on tolerance)
3. Effects of possession
E. Usufruct
1. In general
3. Extinguishment
F. Easements
1. Modes of acquiring easements
2. Rights and obligations of the owners of the dominant and servient estates
3. Modes of extinguishment
a. Relating to waters
b. Right of way
c. Light and view
G. Nuisance
Article 712
1. Occupation
2. Donation
a. Nature
c. Effects and limitations of donation
3. Prescription
a. General provisions
c. Prescription of actions
I. Quieting of Title
J. Actions to Recover Property
1. Accion interdictal
2. Accion publiciana
3. Accion reinvindicatoria
B. Regalian Doctrine
C. Original Registration
1. Ordinary registration
b. Decree of registration
D. Certificate of title
E. Subsequent registration
2. Involuntary dealings
a. Adverse claim
E. Non-registrable properties
G. Assurance Fund
2. Limitation of action
J. Reconstitution of Titles
B. Simple contracts
C. Complaint
- NOTHING FOLLOWS -