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I. Effect and Application of Laws – New Civil Code A. B. C. D. E. F. G. H. I. J. K. L. When law takes effect, NCC Art. 2 Ignorance of the Law, NCC Art. 3 Retroactivity of Laws, NCC Art. 4 Mandatory or Prohibitory Laws, NCC Art. 5 Waiver of Rights, NCC Art. 6 Repeal of Laws, NCC Art. 7 Judicial Decisions, NCC Art. 8 Duty to Render Judgment, NCC Art. 9 Presumption and Applicability of Custom, NCC Arts 10-12 Legal Periods, NCC Art. 13 Applicability of Penal Laws, NCC Art. 14 Conflict of Laws, NCC Arts. 15-18, relative to Divorce, Art. 26 (2)
Human Relations – New Civil Code A. B. C. NCC Art. 19-22, relative to breach of promise to marry Independent Civil Actions – EXCLUDE: to be covered by Remedial Law Prejudicial Questions – EXCLUDE: to be covered by Remedial Law
PERSONS I. Persons and Personality – New Civil Code A. Capacity to Act 1. Civil Personality, NCC Art. 37 2. Restrictions on Capacity to Act, NCC 38-39 3. Birth, NCC 40-41 4. Death, NCC 42-43 a. Compare Art. 43 with Rule 131, Sec. 3 (jj) presumption of Survivorship
EXCLUDE: NCC 44-47 B. Domicile and residence of person, NCC 50-51
Marriage – Family Code (Aug. 3, 1988) EXCLUDE: Muslim Code, (PD 1083) A. Requisites 1. Nature of Marriage, Art. 1 2. Kinds of Requisites, Arts. 2-3 3. Effect of absence of requisites, Art. 4 4. Essential – Art. 5 a. Age, Art. 5 5. Ceremony, Art. 6 6. Formal – Arts. 7, 31, 32 7. Solemnizing authority, Art. 7-8, 10 a. Exceptions – Art. 35 (2) 8. License Required – Arts 3 (2), 9, 11, 20, 26 a. Foreign National – Art. 21 b. Exceptions – Arts. 27, 31-32, 34 9. Marriage Certificate, Art. 22 EXCLUDE: Duties of a Civil Registrar, Arts. 12-19, 23-25 B. Effect of Marriage celebrated abroad and foreign divorce, Art. 26 Void and Voidable marriages 1. Void Marriage – Arts. 5, 35, 36-8, 52-3 a. Absence of Requisites, Art. 35 b. Psychological incapacity, Art. 36 c. Incestous marriages, Arts. 37-38 2. 3. 4. 5. 6. 7. 8. Prescription, Art. 39 Subsequent marriage, Arts. 40-44 Annullable marriage, Arts. 14, 45-46 Voidable marriages, Art. 45-47 Presence of prosecutor, Art. 48 Pendency of action, Art. 49 Effects of nullity, Arts. 50-54
EXCLUDE: SC Rules on Procedure (Nullity and Provisional Orders), R.A. 6955, An Act to Declare Unlawful the Practice of Matching Filipino Women for Marriage to Foreign Nationals, RA 9208, Anti-Trafficking in Persons Act
Legal Separation A. B. C. D. E. F. G. H. I. Grounds, Art. 55, Republic Act. 9262, Anti-Violence Against Women and Children Defenses, Arts. 56-57 Cooling-off Period, Art. 58 Reconciliation efforts, Art. 59 Confession of Judgment, Art. 60 Effects of Filing Petition, Art. 61 Effects of pendency, Art. 62 Effects of legal separation, Arts. 63-64 Reconciliation, Arts. 65-67
EXCLUDE: SC Rules on legal separation IV. Rights and Obligations Between Husband and Wife A. B. C. D. E. F. Essential Obligations, Art. 68 Family domicile, Art. 69 Support, Art. 70 Management of household, Art. 71 Effect of neglect of duty, Art. 72 Exercise of profession, Art. 73
EXCLUDE: R.A. 7192, An Act Promoting the Integration of Womens as Full and Equal Partners of Men in Development and Nation Building, RA 8187, An Act Granting Paternity Leave, RA 9710, Magna Carta for Women V. Property Relations of the Spouses A. B. C. D. Marriage Settlements, Arts. 76-81 Donations by Reason of Marriage, Arts. 82-83, 86, 43(3), 50 Void donations by the spouses, Art. 87 Absolute Community of property 1. General Provisions, Arts. 75-85, 88-90 2. What constitutes Community Property, Arts. 91-93 3. Charges Upon and Obligations of the Community Property, Arts. 94-95 4. Ownership, Administration, Enjoyment and Disposition of the Community Property, Arts. 96-98 5. Dissolution of Community Regime, Arts. 99-101
189 and 190 on successional rights . Arts. Arts. 129-133 Separation of Property of the Spouses and Administration of Common Property by One Spouse During the Marriage. 157. Arts. 126-128 7. D. VI. Liquidation of the Absolute Community Assets and Liabilities. Arts. 163-171 Proof of Filiation. 121-123 5. Conjugal Partnership of Gains 1. 161 and 162 VII. Arts. 134-142 Regime of Separation of Property. 177-182 EXCLUDE: SC Rule on DNA Evidence VIII. The Family as an Institution. General Provision. Arts. 172-174 Illegitimate Children. B. Arts. Arts. Dissolution of CPG Regime. G. Liquidation of the Conjugal Partnership Assets and Liabilities. Conjugal Partnership Property. RA 8552 – Domestic Adoption Law 1. B. Exclusive Property of Each Spouse. Legitimate Children. Arts. Arts. Arts.6. 124-125 6. 147148 F. Arts. The Family A. Arts. 152-165 EXCLUDE: Arts. Arts. 149-151 The Family Home. 191-193 A. 102-104 E. 176 as amended by RA 9255 Legitimated Children. C. 183-188. Adoption EXCLUDE: Family Code. Arts. 143-146 Property Regime of Unions Without Marriage. Arts. 105-108 2. 109-115 3. Who can adopt 2. Who can be adopted 3. 116-120 4. Rights of an adopted child – include FC. Art. Arts. Charges upon and obligations of the CPG. Administration of the CPG. Arts. H. Paternity and Filiation A. 175 and Art.
199-200. The Law on Inter. 209-215 Substitute and Special Parental Authority. F. 220-224 EXCLUDE: Rule on Guardianship of Minors. RA 9523 – requiring certification of the department of DSWD to declare a “child legally available for adoption” B. 201-202 When Demandable. C. 234 and 236. Arts. Arts. Art. 205 X. 194 Who are Obliged. Art.Country Adoption 1. 2002). Arts. B. Suspension or Termination of Parental Authority. 216-219 Effect of Parental Authority upon the Persons of the Children. Who can Adopt 2. C. Art. Emancipation Arts. 206-208 Support during marriage litigation. Arts. as amended by RA 6809 Summary Judicial Proceedings in the Family Law XII. 22. 02-6-02-S. RA 8972 – Solo Parents Act. 195-197. D. 204 Attachment. What it Compromises. 203 Options. Who can be adopted IX. E.4.C. Effects of Parental Authority upon the Property of the Children. General Provisions. Rule on Custody of Minors. Support A. (Aug. . 225-227 EXCLUDE: RA 9231 – Child Labor Law (to be covered by Labor Law) E. Rescission of adoption EXCLUDE: AM No. Art. Parental Authority A. Art. Arts. Arts. RA 8043. Arts. B. RA 8980 – Policy for Childhood Care D. 228-233 RA 7610 – Child Abuse Law XI. 198 Amount. G.
Art. 438-9 Right of Accession – Art. contingent assets XVII. Characteristics Classification – Arts. Arts. Arts. planter. With respect to Immovable Property a. Hidden Treasure – Arts. 305-301 EXCLUDE: Care and Education of Children. 43. C. 387389 Presumption of Death. Use of surnames Arts. 440 1. B. planter. 384-389 Administration of the Property of the Absentee. 375. Builder. Fruits –Arts. 254-255. NCC Arts. Funeral. sower in bad faith – Arts. II.XIII. 256 EXCLUDE: Arts. Arts. 364-369. Rules of Court EXCLUDE: Act. 441-4 2. 381-383 Declaration of Absence. Civil Registrar A. Absence – NCC Art. planter. sower in good faith – Arts. 448456 (2) Builder. 356-363 XV. IRR of RA 9048 PROPERTY I. 449450 . 41 Family Code A. Art. 390-392 EXCLUDE: Arts. B. Arts. Arts. C. 415-418 A. 369-380 (other articles repealed by Family Code) XVI. Provisional measures in Case of Absence. No. 407-413 RA 9048-clerical errors Rule 108. D. sower on land of another in concept of owner (1) Builder. arts. 393-396. Final Provisions – Retroactive effect. 257 XIV. B.
III. fruendi. Right in general 1. Consumable/non-consumable vs. Fungible/non-fungible D. Real or immovable 2. 457 b. E. Art. Change of course of river – Arts. Lands adjoining river banks a.Arts. abutendi. Personal or Movable By Owner 1. disponendi (possidendi) (1) Actions to recover ownership and possession of real property (a) Distinctions between accion reivindicatoria. Avulsion. Islands – Arts. 459-463 4. reliance on strength of own evidence not weakness of defendant’s claim 2. Bundle of rights a.b. 464-465 C. accion publiciana. identity. Alluvion – Art. Jus utendi. 579 3. and of State entities By Nature 1. vindicandi. Of private ownership a. Patrimonial property – distinction between private property of individual persons. Usufructuary. Modes of acquiring ownership . Ownership A. Of public dominion 2. Distinction between real and personal rights B. By Object 1. see Water Code PD 1067 c. accion interdictal (b) Distinction between forcible entry and unlawful detainer (2) Actions for recovery of possession of moveable property (3) Requisites for recovery of property – proof of right. 461-246.
Right to hidden treasure General Rules: 1. rivers. avulsion. Accession industrial (building. Accession natural (accretion. Accession continua (conjuction. derivative C. For movables: a. police power 2. mortgages imposed by contract IV. rivers. B. stat of necessity. Accession A. Requirement Distinction between quieting title and removing/preventing a cloud Prescription/non-prescription of action VI. avulsion. Special rules: a. commixtion/ confusion.1. C. In general 2. Concept of condominium (1) Condominium corporation (2) Interest in real property (3) Concept of common areas. original. Co-ownership A. adjunction. General limitations – taxation. Quieting of title to/interest in and removal/prevention of cloud over title to/interest in real property A. Rules for determining the principal and accessory V. amendment . Characteristics of co-ownership 1. Accession discreta (natural and industrial civil fruits) and continua (over immovables: artificial/industrial and natural) b. Specific Limitations – imposed by law. islands) 2. nuisance. sic utere tuo. eminent domain. easements voluntarily imposed by owner: servitudes. islands) c. specification) b. Limitations 1. For immovables: a. B.
Characteristics Acquisition of Possession – Art.(4) Documents to consider (master deed. 548 2. 552 D. 531 Effects of Possession 1. declaration of restrictions. Right to be reimbursed (1) Necessary and useful expenses – Arts. 545 b. Possession A. 549. 449. Waiver 6. 719-720 . taxes) 5. 526-527 a. Effect of partition 2. Possessor in Good Faith – Arts. Grounds for partition of common areas. Period to Recover – Arts. Partition in case co-owners cannot agree D. 546-547 (2) Expenses for pure luxury – Art. 559. Source of co-ownership Rights of co-owners 1. 1134. Rights against individual co-owners in case of partition 3. Distinction between right to property owned in common and full ownership over his/her ideal share 2. Finder of Lost Movable – Arts. Right to oppose acts of alteration 3. Right to redemption of co-owners share Termination/extinguishment 1. 1140. C. 544. VII. or dissolution of the condominium B. Right to pending fruits – Art. articles and by-laws of the condominium corporation or the association where applicable b. Right to contributions for expenses (necessary expenses. Possessor in Bad Faith – Arts. 1132. B. Right to partition 4. 1505 (3) 1. Loss or Unlawful Deprivation of a Movable – Arts. Rights and obligations of condominium owner (1) Contributions/Dues (2) PD 957 and RA 6552 c. C. 1133 2.
IX. In concept of owner. Occupation – Art. Extent to which donor may donate property b. E. Kinds a. Reservations and reversions 3. in one’s own name. 746 2. Donation Inter Vivos – Art. C. Easement of light and view – Arts. 725-6. Voluntary easements – Art. Characteristics Classification 1. B. 669-673 C. Characteristics Classification Rights and obligations of usufructuary Rights of the owner Extinction/termination Easements – Arts. 713 Donation 1. Characteristics a. D. B. X. Donation Mortis Causa –Art. in name of another Rights of the possessor Loss/termination VIII. Donation By Reason of Marriage – Family Code Arts. 688 a. Compulsory easements – Arts. 82-83. Effect of Zoning ordinance Modes of Acquiring Easements 1. 613. Distinguished from voidable title – Art. 728 . 729 b. 712 A. F. G.3. 476-480 Modes of Acquiring Ownership – Art. Nuisance – Art. XII. 615-616 A. 620-624 2. 694 Action to Quiet Title – Arts. holder. 1506 E. Definition – Arts. Legal easements a. Usufruct A. Right of way 2. XI. B. 86 c.
Formalities required a. Requisites – Arts. 1118-1125 5. 1117 1. 1027 8. Perfection c. Definition –Art. Good Faith – Art. 1132. Extraordinary – Arts. 760-761. 769 EXCLUDE: Intellectual Creations – to be covered by Mercantile Law PRESCRIPTION I. 748 (2) Immovables – Art. 1129-1130 3. Ingratitude – Arts. conditional 4.d. How made and accepted b. 1137. Differences between formalities for donation of real. grounds for reduction b. personal properties (1) Movables – Art. Characteristics 2. Revocation or reduction a. Qualifications of donor. Scope of amount – Arts. Just title – Arts. Grounds for revocation. 765. 733 e. 1132 second par. 749 5. 759 7. How done c. In fraud of creditors – Art. 1106 A. Innofficious Donations – Arts. Ordinary a. Effects of donation/limitations a. 1127 b. modal. Prescription e. Double donations c. Acquisitive – Art. Onerous Donation – Art. Excessive/inofficious d. 750-752 e. Simple. 4. Void Donations – Arts. 1138 6. In general b. donee 6. What cannot be required by acquisitive prescription . Period – Arts. Effects d. 1134. 771-775 f. 739-740.
V. 1155 Nuisance A. C. B. 1156-7 A. IV. 1143. B. III. Periods II. Requisites 3. III. II. Action legal to demand a right of way – Art. E. By Offender – Art. Prescription or Limitation of Actions A. Definition Elements of an Obligation Different Kinds of Prestations Classification of Obligations Sources of Obligations – Arts.B. To recover movables – Art. 494 1. 1141 Other actions – Arts. Interruption – Art. A single act or omission can give rise to different causes of action . 1140 To recover immovables – Art. Extinctive 1. 1133 Registered Lands – PD 1529 Art. B. 1142-1149 IV. No Prescription Applicable A. 649 2. F. To abate a nuisance Action to quiet title if plaintiff in possession Void contracts – Art. C. C. Definition Classification Remedies OBLIGATIONS I. G. 1410 Action to demand partition – Art. Characteristics 2. Distinguished from laches Property of public dominion D. V. NCC 1.
Diligence normally required is ordinary diligence or diligence of a good father of a family. 1169) a. Rescission (resolution in reciprocal obligations) 3. 1729. delay or mora – no default unless creditors makes a demand. unless a purely personal act 2. 1652. C. Legal excuse for breach of obligation – fortuitous event. Specific Performance a. 1171) 4. An indeterminate or generic thing Obligation to do or not to do Breaches of obligations 1. Accion subrogatoria b. Exceptions (Art. 1998-2002) 5. Remedies available to creditor in cases of breach 1. A determinate or specific thing 2. VII. exceptions common carriers requiring extraordinary diligence (Arts. Compesatio morae 3. requisites D. Accion pauliana c. VI. 1608. Damages. Fraud in the performance of obligation a. Natural Obligations Extra-contractual Obligations Nature and Effect of obligations A. Obligation to give 1. Kinds of civil obligations A. Negligence (culpa) in the performance of obligation a. 1177) a.B. Mora accipiendi c. in any event 4. Mora solvendi b. Substituted performance by a third person on obligation to deliver generic thing and in obligation to do. C. Waiver of future fraud is void (Art. 1893) B. Accion directa (Arts. Pure – Arts. Subsidiary remedies of creditors (Art. Contravention of the tenor of obligation 6. 1179-1180 . Default. Complete failure to perform 2.
3) Obligation with a period or a term – Art. 1209) . 1198 – obligation retroact to the day of its constitution 2. Resolutory condition 3. Effect of the happening of suspensive condition (Art.B. unless given in favor of one of them. through fault of debtor/creditor or through fortuitous events C. resolutory condition – no retroactivity 5. 1187). debtor losses benefit of period in any of the five cases in Art. Potestative – casual or mixed a. Suspensive condition 2. therefore a joint debtor cannot be required to pay for the share of another with debtor. VIII. 1182) 4. Joint and Solidary obligation A. Resolutory period 3. Joint obligation is presumed. if given to debtor alone. before he can demand payment Alternative or Facultative – Art. 1207) b. although he may pay if he wants to (Art. 1197) b. Instances when courts may fix the period (Art. Definite or indefinite period a. 1199 1. Effect of loss of specific things or impossibility of performance of alternative. 1181 1. Concurrence of two or more creditors and or two or more debtors a. 1193 1. Joint (divisible) obligation 1. Creditor must ask court to set the period. unless otherwise indicated by the law or nature of obligation (Art. Effect of loss of specific thing or deterioration or improvement of specific thing before suspensive condition (Art. effect suspensive period is for the benefit of both debtor and of creditor. Obligation presumed to be divided into as many equal shares as there are creditors or debtors c. Obligations subject to potestative suspensive conditions are void (Art. par. if this occurs in resolutory condition in obligation to do or not to do (1190. Suspensive period. D. 1189). Each credit is distinct from one another. Difference between alternative and facultative obligations 2. Conditional – Art.
1236-1238 1. however. Dation in payment – Art. 1256-1261 Loss of Determinate Thing Due or Impossibility or difficulty of performance – Arts. D. 1270 2. 1271. Payment – Arts. 1245 2. E. 1214. others not liable for his share (Art. Any of the solidary debtor may be required to pay the whole obligation. 1209) B. 1217. Tender of Payment and Consignation – Arts. 1212). Implied – Arts. 1252-1254 5.d. 1266-1267 Condonation or Remission of Debt – Art. 1226. Obligation cannot be performed in parts but debtors are bound jointly 2. there is default but only debtor guilty shall be liable for damages Solidary obligation 1. Form of payment – Art. Insolvency of a joint debtor. 1274 Confusion – Arts. D. In case of failure of one joint debtor to perform his part (share). confusion or remission of debt executed by any solidary creditor shall extinguish the obligation without prejudice to his liability for the shares of the other solidary creditors Divisible and Indivisible – Art. 1270 1. E. Express – Formality of Donation – art. 1225 Obligations with a Penal Clause – Arts. 1215) 2. 1249 3. Extraordinary inflation or deflation – Art. 1272 Compensation B. Anyone of the solidary creditors may collect or demand payment of whole obligation. 1228-1230 C. Each one of solidary creditors may do whatever maybe useful to the others. 1222) 3. 1216. any novation. 1275. there is mutual guaranty among solidary debtors (Arts. C. Joint Indivisible Obligation 1. IX. Application of payment – Art. but not anything prejudicial to them (Art. 1262. 1250 4. 1272. there is mutual agency among solidary debtors (Arts. compensation. . Extinguishment of Obligations A.
1286-1290 b. 1191 B. Rescissible Contracts – Art. 1356. 1261 Kinds of Contracts A. Consensual B. 1874 5. Pactumleonina – Art. 1409. 1390-1402 C. II. Kinds – Arts. 1283 e. IV.Arts. 1328-1344. Voidable Contracts – Arts. Pactum de non alienando – Art. 1390 2. 1287-1288 F.1. 1291-1304 CONTRACTS I. Real C. Stipulation limiting common carrier’s duty of extraordinary diligence to ordinary diligence – Art. Pactum commissorium . 1773 3. 2134 4. Chattel mortgage 8. 1311 III. V. 748-749 2. Agency to sell real property or an interest therein – Art. Void Contracts – Arts. 1956 6. 1278. 1771. 1403-1407. Donations – Arts. 1317 D. 1357. Agreement – Art. 1346 1. 1358 Defective Contracts A. 1279 a. 1282 c. Essential Requisites – Art. . 1744 7. 2130 3. Sale of large cattle Formality – Arts. Novation – Arts. Partnership where real property contributed – Arts. Stipulation to charge interest – Art. 1799 Effect of Contracts – Art. Voluntary – Art. 1282 d. Legal compensation – Arts. Antichresis – Art. 1381 1. Facultative 2. 2130. Unenforceable Contracts – Arts. 2088. Judicial – Art. Formal or Solemn 1. Obligations not compensable – Art. Difference with Rescission (resolution) under Art.
1506. F. 1327. G. 1489-1492 Absolute incapacity – Arts. option money – art. C. 1469-1474 Requisites for a valid price How price is determined Inadequacy of price – Arts. Introduction A. B. 1505.SALES I. B. 1505 Stages of Contract of Sale Obligations Created – Art. D. V. 1491-1492 III. Subject Matter A. G. 1399 Relative incapacity: Married Persons Special disqualifications – Arts. 1355. 1397. B. 1459 1. Meaning of price – Arts. 559 B. 1482 . E. D. H. 1474 Manner of payment must be agreed upon Earnest money vs. 1462. Requisites of a valid subject matter – Arts. Definition of Sales – Arts. B. 1470 When no price agreed – Art. 1165 Characteristics of a Contract of Sale Sale is Title and Not Mode Sale Distinguished From Other Contracts Contract of Sale/Contract to Sell II. 1459-1465 Particular kinds IV. Exceptions Sale by a person having a voidable title – Arts. F. Obligations of the Seller to Transfer Ownership A. D. Parties to a Contract of Sale A. Price A. Capacity of parties – Arts. E. 1458. Sale by a person not the owner at time of delivery – Arts. 1470 Essential Requisites of a Contract of Sale – Art. C. C.
1477. Right of First Refusal 4. B. D. 1324 3. Risk of Loss A. B. C. 1520 X. 1475 2. Definition of unpaid seller – Art. General rule – Arts. Requisites for registration of deed of sale in good faith 2. 1514. E. 1636 Purpose of documents of title Negotiable documents of title Non-negotiable documents of title Warranties of seller of documents of title – Art. 1493 and 1494 When loss occurred after perfection but before delivery When ownership is transferred – Art. Remedies of an Unpaid Seller A. Accompanied by vendors duplicate certificate of title. VII. 1525 . 1496-1501 When delivery does not transfer title Kinds of delivery Double Sales – Art. Preparatory – Art. 1475. 1504 Documents of Title A. and documentary tax registration fees VIII. C. IX. Formation of Contract of Sale A. 1403 (d) (e) B. B. Offer – Art. 1479. D. C. 1544 Property Registration Decree 1. 1325. 1519. Definition – Art. 1189 When loss occurred before perfection When loss occurred at time of perfection – Arts. C. D. F. Mutual Promise to Buy and Sell – Art. 1516 Rules on levy/garnishment of goods – Arts. E. Option Contract – Arts. E. 1319. payment of capital gains tax. 1263. 1326 Formalities of the Contract – Art. Transfer of Ownership A. 1479 Perfection – Arts. 1479 1. Manner of Transfer – Arts.VI.
Sale of Immovables C. 1537. 1600. Sale of Movable 2. 1599 XIII. 1543 3. B. Sale of Immovables a. D. E. 1602 Period of redemption – Art. Express warranties Implied warranties – Art. E. Breach of Contract A. 1619 Age redemption – Art. XV. Causes – Arts. XIV. 1601 Equitable mortgage – Arts. 1636. 1231 Conventional redemption – Art. Extinguishment of the Sale A. 1484-1486 1. 1547 Effects of warranties Effects of waivers Buyer’s options in case of breach of warranty – Art. 1539. sec. 1594 1. Remedies of the Seller – Arts. Warranties A. H. Sale of Movables – Arts. PD 957. G. B. F. Maceda Law: Sale of Immovables on Installment Remedies of the Buyer 1. 1619 The Law on Sale of Subdivision and Condominium (PD 957) . 1602-1604 Distinguish from option to buy – Art. 1616 Legal redemption – Art. D. C. 23. C. Delivery of thing sold 1. 1606 Exercise of the right to redeem – Art. Inspections and Acceptance Payment of price B. 1480 2. B. Remedies of unpaid seller Performance of Contract A.B. Sale of Immovables – Arts. XII. Sale of Movables Recto Law: Sale of Movables on Installment – Arts. 24 b. XI. 1522.
815-817. Legatees – Art. Public Land Law.(Arts. Soundness of Mind. In General a. 807-808 (3) Substantial Compliance – Art. 776. 784-785. The Condominium Act (RA 4726) EXCLUDE: Electronic Commerce Act. 820-824 . 781 Succession occurs at the moment of death – Art. Common requirements – Art.XVI. 798-801 3. Testamentary Succession A. Retail Trade and Liberalization Act. Non-delegability of will-making – Arts. Bulk Sales Law SUCCESSION I. 777 Kinds of Successors – Heirs. Age Requirement – Art. Form a. Wills 1. Notarial Wills (1) Arts. 809 (4) Requisites – Arts. 796-803) a. B. Definition/What is transmitted – Arts. Testamentary Capacity and Intent – (Arts.Arts. Presumptions – Arts. 819 (1) See Law Governing Substantive Validity – Arts. 782 II. 783-787) (1) Personal Act. 15. 805-806 (2) Special rules for handicapped testators – Arts. 17. Definition and characteristics . Devisees. 16. Formal Validity Rules . 1039 b. 774-780) A. 804 (1) In Writing (2) Language/Dialect Requirement c. exception – 786 (2) Rules of Construction and Interpretation/Law Governing Formal Validity – Art. 788-795 2. 774. General Provisions (Arts. 787. C. 797 b.
828-834). 825-826 5. 854 3. Compulsory Heirs and Various Combinations – Arts. Probate Requirement – Art. kinds (Art. 830) 7. Joint Wills – Arts. 854) 2. 886 2.d. Effects of Preterition. 839 B. 869 Conditional Testamentary Dispositions and Testamentary Dispositions with a Term – Arts. . Preterition vs. 810-814 (2) Witnesses Required for Probate – Art. Codicils. Disposition less than Legitime/Donation Inter Vivos – Arts. Preterition – Definition. devisees only entitled to completion of legitime Substitution of Heirs (Arts. Kinds – Arts. Definition – Art. Incorporate by Reference 6. 886-914) 1. Grounds for Denying Probate – Art. Compulsory Heirs in the Direct Line 4. Definition and Formal Requirements – Arts. Res Judicata on Formal Validity b. Revocation (Arts. 859 4. D. 887-903 C. Concept – Art. Requisites and Effects (Art. E. 857-870) 1. 840-856) 1. 906-918 5. 858-860 3. 814 e. 857 2. 811 Alterations. 863-866. 838 (1) Issues to be Resolved in Probate Proceedings – Art. Holographic Wills (1) Requirements – Arts. Institution of Heirs (Arts. Simple Substitution – Art. Fideicommissary Substitution – Arts. Allowance and Disallowance of Wills (Arts. Definition – Art. 871-885 Legitime (Arts. 839 (a) Exceptions – when practical considerations demand the intrinsic validity of the will be resolved (2) Effect of Final Decree of Probate. 818-819 4. 855. Requirements – Art. 838-839) a.
D. 1032 2. 963-969 2. General Provisions – Arts. E. Definition Elements . Definition and Requisites – Arts. 1015-1023 1. B. Legacies and Devisees – Arts.Art. Right of Accretion – Arts. 1097. Effects of Partition – Arts. 1078-1105 1. 739. 1080 2. 1027. 992 B. 1015-1105 A. Right of Representation – Arts. Provisions Common to Testate and Intestate Succession – Arts. 1015-1016 Capacity to Succeed by Will or Intestacy (Arts. 970-977 Order of Intestate Succession – Arts. EXCLUDE: Executors and Administrators (Arts. 1079. 908-910.3. 1104-1105 C. 960-969 1. Reserva Troncal – Art. 1041-1057 Collation – Arts. 1024-1040) 1. Disinheritance for cause – Art. Partition – Arts. 1058-1060) – to be covered by Remedial Law PARTNERSHIP I. Persons Incapable of Succeeding – Arts. 1061-1062 Partition and Distribution of Estate – Arts. IV. 1100. Contract of partnership A. 978-1014. Legal or Intestate Succession – Arts. 924-959 III. 919 (1) Reconciliation – Art. 923 b. Disinheritance a. 1091. 891 4. 918 5. Relationship – Arts. Partition inter vivos 3. B. 922 (2) Rights of descendants of person disinherited – Art. Unworthiness vs. 960-1014 A. Disinheritance without cause . Disinheritance Acceptance and Repudiation of the Inheritance – Arts.
1883 Express vs. VI. VIII. 1897-1902 Exception – Art. II. XI.C. V. X. IX. F. Implied Agency Agency by estoppel General vs. G. Definition of agency Powers – Art. IV. VI. Particular. 1927-1930 Modes of extinguishment COMPROMISE . To bind principal – Arts. Definition How limited partnership is formed/amended Rights and obligations of a limited partner EXCLUDE: Questions requiring application of SEC opinions or regulations AGENCY I. B. General vs. H. E. II. J. III. B. Special Agency Agency couched in general terms Agency requiring special power of attorney Agency by operation of law Rights and Obligations of Principal Irrevocable agency – Arts. Joint Venture Professional partnership Management – Arts. VII. D. I. Rules to determine existence How partnership is formed Partnership term Universal vs. V. 1800-1803 Rights and obligations of partnership Rights and obligations of partners among themselves Obligations of partnership/partners to third persons Dissolution – Art. III. IV. Limited Partnership by estoppel Partnership v. 1830 Limited partnership A. 1877-8 A. C.
2140. F. B. D. II. Commodatum vs. 2112. B. H. B. Definition and characteristics Essential requisites Foreclosure VI. 2096 Foreclosure – Arts. 2041 CREDIT TRANSACTIONS I. C. B. Pledge A. Real Mortgage A. G. I. Mutuum Obligations of Bailor and Bailee Interest and the suspension of Usury Law Deposit A. E. C. Voluntary deposit Necessary deposit Judicial deposit III. 2037. 2035 Effect – Arts. C. 2121-2122 Distinguished from Chattel Mortgage – Arts. Loan A.I. 1484 V. Nature and extent of guaranty Effects of guaranty Extinguishment of guaranty Legal and judicial bonds IV. Definition – Art. D. C. 2028 Void Compromise – Art. II. Definition Kinds Essential requirements Obligation of pledge Rights of pledgor Perfection – Arts. Guaranty and Suretyship A. B. C. 2093. III. 2115 Pledge by Operation of Law – Art. Antichresis .
B. V. B. IX. B. Definition and characteristics Registration VIII. IV. Insolvency Law A. D. C. B. E. B.A. II. Meaning of concurrence and preference Preferred Credits on Specific Movables Exempt Property Classification of credits Order of preference of credits X. VII. III. C. Qualified persons Registration Prohibitions Rights and obligations of lessor and lessee Special rules for lease of rural/urban lands . Lease of things Lease of work or services Lease of rural and urban lands A. C. D. Definition and characteristics Obligations of antichretic creditor Chattel Mortgage A. Quasi-Contracts A. Definition of insolvency Suspension of payments Voluntary insolvency Involuntary insolvency EXCLUDE: Warehouse Receipts Law. Usury Law LEASE I. Negotiorum Gestio Solutio Indebiti Concurrence and Preference of Credits A. B.
B. Under RA 8371 Registration process and requirements Remedies Cadastral registration B. C.VI. Voluntary dealings Involuntary dealings VI. Contract for piece of work LAND TITLES AND DEEDS I. Individuals and corporations IV. Concept Effects Concept of native title. B. Non-Registrable Properties Dealings with Unregistered Lands . VII. Citizenship Requirement A. C. VII. D. V. B. Who may apply 1. Under CA 141 3. time immemorial possession III. Concept and background Certificate of Title Regalian Doctrine A. Subsequent Registration A. Under PD 1529 2. Torrens System A. II. Household service Contract of labor A. Original Registration A. Obligation in case of death/injury of laborers VIII.
C. Juridical Persons Persons Made Responsible for Others 1. Registration of judgments. Parents B. joint or solidary? 2.EXCLUDE: History of land laws. D. Indirect liability for intentional acts c. 221 (1) Elements. B. B. Assurance Fund. In Particular a. Arts. According to manner of commission: intentional. The Direct Tortfeasor 1. Registration of Patents. The Tortfeasor A. definition (2) Distinguished from culpa contractual and culpa criminal b. Natural Persons 2. negligent and strict liability According to scope: general or specific III. Presumption of negligence on persons indirectly responsible d. . In General a. Administrative structure of the Register of Deeds. Abuse of Right. Remedies sufficiently covered under Remedial Law. Consultas TORTS AND DAMAGES BOOK I – TORTS I. Elements Unjust Enrichment Liability without Fault Acts Contrary to Law Acts Contrary to Morals II. E. Principles A. Quasi-delicts under Article 2180. how interpreted – Family Code. Nature of liability. Classification of Torts A. 218-219. Orders and Partitions.
. Distinguished from Remote and Concurrent Cause in Fact 1. Employers (1) Meaning of employers (2) Requisites (a) Employee chosen by employer or through another (b) Services rendered in accordance with orders which employer has authority to give (c) Illicit act of employee was on the occasion or by reason of the functions entrusted to him (d) Presumption of negligence (3) Employer need not be engaged in business or industry (4) Defense of diligence in selection and supervision (5) Nature of employer’s liability e. C. Distinguished from Intervening Cause 5. IV. Joint Tortfeasors (Art. Proximate Cause A. Concept 1. State f. Civil Code) Act of Omission and Its Modalities A. 2194. Guardian c. Concurrent Causes Legal Cause B. Owners and Managers of Establishments and Enterprises d. Concept of Act V. Test 3. But For 2. Definition 2. Teachers and heads of establishments of arts and trades C. Distinguished from Immediate Cause 4. Substantial Factor Test 3.b.
Classes a. C. Injury to persons 2. 33. B. Concept Elements of Right Violation of Right or Legal Injury Classes of Injury 1. Interference with relations B. Interference with rights to persons and property 1. Natural and Probable Consequences 2. False Imprisonment (Illegal detention) d. Civil Code (1) Battery (Physical Injury) (2) Assault (Grave Threat) c. General (1) Concept (2) Kinds b. E. General 1. Intentional Torts A. Interference with persons and property (1) Physical harms (2) Non-physical harms b. Intentional Physical Harms a.1. physical injuries – Art. F. Violation of persons security. Trespass to Land (1) Concept (2) Elements . VI. Efficient Intervening Cause Cause vs. Concept 2. Injury to relations VII. Condition Last Clear Chance Legal Injury A. Injury to property 3. D. Foreseeability D.
Intentional Non-Physical Harms a. Violation of Personal Dignity c. Economic Relations a. Fraud or Misrepresentation (formerly deceit) i. Disturbance of Peace of Mind f. Defamation (1) Defenses (a) Absence of elements (b) Privilege h. Alienation of affection b. Social Relations a. Violation of Privacy (1) Appropriation (2) Intrusion (3) Public disclosure of private facts (4) False light in the public eye e. Criminal conversation (Adultery) 3. Malicious Prosecution g. Unjust Dismissal C. Intriguing to cause another to be alienated from his friends 4. Interference with Personal Property 1) Trespass to Chattels 2) Conversion 2. Infliction of emotional distress d. General a. Meddling with or disturbing family relations b. General (1) Concept (2) Kinds b. Kinds 2. Concept b.e. Loss of consortium c. Family Relations a. Interference with contractual relations . Interference with relations 1. Seduction j.
429 4. 1173 2. Authority of Law c. Unfair competition 5. . G. F. Waiver e. Necessity – NCC Art. Absence of element (1) Due diligence (2) Acts of public officers b.b. press. 32) b. Art. Emergency Rule Unreasonable risk of Harm Evidence Presumption of Negligence 1. Self-defense and defense of others 3. Defenses a. Negligence A. Consent 2. Art. Force majeure VIII. Violation of right to suffrage (NCC. e. Violation of other political rights (freedom of speech. etc. Privilege 1. Defense of property 5. Prescription d. assembly and petition. Absence of element b. c. NCC. Complete a. Legal Provisions 2. d. Political Relations a. Concept Good Father of a Family or Reasonably Prudent Man Standard of Care 1. Accident or fortuitous event Damnum absque injuria Authority of law Assumption of risk D. Res ipsa loquitur Defenses 1. E.) 6. C. B.
Cities and Municipalities Owner of Motor Vehicle Proprietor of Building or Structure or Thing Head of Family C. E. BOOK II – DAMAGES I. I. General 1. General Considerations . D. (Ch. Classes Per se or per accidents. Animals 1. 2177 IX. Last clear chance g. Concept Products Liability 1. Public or Private 2. Art. Consumer Act C. 92-107.f. B. F. 1144. X. Public Nuisance and Private Nuisance 3. 1146. Prescription – NCC. 694-707 1. G. Attractive Nuisance Violation of Constitutional Rights 1. Strict Liability A. Consumer Act – RA 7394. secs. B. Manufacturers or Processors a. Nuisance Per Se and Nuisance Per Accidence 2. Special Liability in Particular Activities A. Waiver i. and 1150 h. 1) Nuisance – NCC Arts. Possessor and User of an Animal Nuisance (supra) 1. Double recovery – NCC Art. Easement Against Nuisance Products Liability (supra) 1. H. Elements b. Violation of Civil Liberties Violation of Rights Committed by Public Officers Provinces.
Temperate or Moderate Damages A. According to purpose 3. Attorney’s fees and expenses of litigation 3. NCC Art. Special and ordinary II. B. According to manner of determination 4. Nominal Damages A. 27. unrealized profit 2. 28. Not speculative Component Elements 1. Interest Extent or scope of actual damages 1. rape and other lascivious acts 2. 2219-2220) 1.A. Concept. Moral Damages A. Liquidated Damages A. NCC 3. 29. Concept When awarded V. In cases of malicious prosecution IV. D. In acts referred to in Arts. abduction. 2226 Rules governing in case of breach of contract . In contracts and quasi-contracts 2. NCC Art. 21. Value of loss. In crimes and quasi-delicts C. B. Concept (Arts. B. 2217-2218) When recoverable (Arts. Concept VI. Classification 1. III. Actual and Compensatory Damages A. In seduction. Alleged and proved with certainty 2. 2197 2. 32. 26. B. Concept Requisites 1. 34 & 35.
In contracts and quasi-contracts. In quasi-delict. 2232 Requisites 1. NCC Art. Miscellaneous Rules A. Exemplary or Corrective Damages A. C. Liquidated damages. In crimes and quasi-delicts causing death 1. temperate. In quasi-delicts. NCC Art. In contracts. B. Actual and Liquidated – Art. liquidated or compensatory Damages that must stand alone 1. 2233. 2229 When recovered 1. 2230 2. Damages in Case of Death A. 2203 Rules 1. B. NCC Art. VIII. 2226 Damages that must co-exist 1. Damages that cannot co-exists 1. Nominal with other damages.VII. 2231 3. In crimes 2. NCC Art. EXCLUDE: Distinction between tort and quasi-delict . Art. Exemplary with moral. Art. quasi-contracts and quasi-delicts. Duty of Injured Party 1. NCC Art. NCC Art. Graduation of Damages A. Arts. In criminal offenses. 2215 4. 2227 5. NCC Art. Compromise X. 2214 3. 2223 2. Concept. Art. Nominal Damages. 2234 C. 2223 B. In death caused by breach of conduct by a common crime IX.
and principles they need to know and be able to use correctly before they can be licensed to practice law. It has been drawn up for the limited purpose of ensuring that candidates reviewing for the bar examinations are guided on what basic and minimum amounts of laws. . doctrines.IMPORTANT NOTE: This bar coverage description is not intended and should not be used by law schools as a syllabus or course outline in the covered subjects. More is required for excellent and distinguished work as members of the Bar.
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