SYLLABUS FOR THE 2019 BAR EXAMINATIONS

CIVIL LAW

Lex Nationalii Lex Rei Sitae Lex Loci

I. General Principles (Art. 15,CC) (Art. 16,CC) Celebrationis
(Art. 17,CC)
A. Effect and application of laws As to basis

GR: Laws shall take effect after 15 days following their Citizenship Where the Where the
completion of their publication in the Official Gazette, property is contract was
or in a newspaper if general circulation in the situated executed
Philippines As to coverage

XPN: Unless otherwise provided by law (CC, Sec. 2) Family rights and Real and Form and
duties, status, Personal solemnities
 Unless otherwise provided refers to the 15 condition, and property (extrinsic
day period not publication legal capacity of Validity)
a person
Coverage:
1. Presidential decrees; As to exceptions
2. Laws which refer to al statutes, including local
and private laws;
3. Administrative rules and regulations, the Where a 1. Capacity to 1. All
purpose of which is to enforce/implement marriage succeed; marriages
existing laws pursuant to a valid delegation; between a 2. Intrinsic solemnized
4. Charter of a city; Filipino Citizen validity of outside the
5. Circulars issued by the Monetary Board, the and a foreigner is the will; PH in
purpose of which is not merely to interpret but validly 3. Amount of accordance
to fill in the details of the Central Bank Act; celebrated and a successional with the
6. Circulars and regulations which prescribe divorce is rights; and laws in force
penalty for their violation; thereafter validly 4. Order of in the
7. Executive orders. (Tanada v. Tuvera) obtained abroad succession country
by the alien where they
Publication not required spouse were
1. Supreme Court decisions; capacitating him solemnized,
2. Interpretative regulations; or her to and validly
3. Letters of instructions issued by administrative remarry, the there as
superiors on rules/guidelines to be followed by Filipino spouse such, shall
subordinates in the performance of their duties; shall likewise also be valid
4. Those internal in nature, regulating only the have capacity to in this
personnel of the administrative agency. remarry under country
PH law (Art. (Art. 26[1],
B. Conflict of Laws 26[2], FC) FC)
2. Intrinsic
Conflict of Laws- it is that part of municipal law of a *In Republic v. validity of
state which directs its courts and administrative Manalo (GR No. contracts
agencies, when confronted with a legal problem 221029, April 24,
involving a foreign element , whether or not they should 2018), the Court
held that a
apply a foreign law/s
Filipino citizen
who initiated a
divorce
proceeding
abroad, has the
capacity to
remarry under
PH law after
obtaining a
favorable
judgment against
his or her alien
spouse who is
capacitated to
remarry
 Penal Laws  Territoriality Rule, regardless of
nationality
XPN: Principles of International Law and Treaty
Stipulations (Art. 14, CC)
GR: Prohibitive laws concerning persons, their acts or
property, and those which have for their object, public
order, public policy or good customs are not rendered
ineffective by laws or judgments promulgated or by
determinations or conventions agreed upon in a foreign
country
XPN: Divorce laws (Art.26[2])
Renvoi doctrine- It occurs when a citizen of another
country dies as a domiciliary of another country. Where
the conflict rules of the forum refer to a foreign law,
and the latter refers it back to the internal law, the law
of the forum shall apply (In re: Christensen)
Doctrine of Processual Presumption- If the foreign law
is not properly alleged and proved, the presumption is
that it is the same as our law (EDI-Staffbuilders Inc v.
NLRCEDI-Staffbuilders)
rd
Transmission theory- if the foreign law refers it to a 3
country, the said country’s law shall govern
Minimum Contracts Test and Fundamental Fairness
Test- To bind the defendant absent from the territory of
forum to a judgment in personam, due process requires
that he should have certain minimum contracts with it
and that the maintenance of the suit does not offend
traditional notions of fair play and substantial justice
(Shaffer v. Heitner)
Principle of Forum Non Conveniens- a court, in conflict
of laws cases, may refuse impositions on its jurisdiction
where it is not the most convenient or available forum
and the parties are not precluded from seeking
remedies elsewhere
C. Human relations
Abuse of Right (Art. 19)- to grant indemnity for
damages in cases where there is an abuse of rights,
even when the act is not illicit. This is based on the
theory maxim suum just summa injuria (the abuse of
right is the greatest possible wrong)
Elements of Abuse of right:
1. Existence of a legal right or duty
2. Which is exercised in bad faith
3. For the sole intent of prejudicing or injuring
another
Doctrine of Volenti Non Fit Injuria- self-inflicted injuries
or to the consent to injury which precludes the recovery
of damages by one who has knowingly and voluntarily
exposed himself to danger, even if he is not negligent in
doing so (Panteleon v. American Express)
Damnum Absque Injuria- a person who exercises his
legal right does no injury. However, it cannot be said
that a person exercises a right when he unnecessarily
prejudices another or offends morals or good customs.
When damages result from a person’s exercise of rights,
it is damnum absque injuria
Acts Contrary to law (Art. 20)- every person who,
contrary to law, wilfully or negligently causes damage to
another, shall indemnify the latter for the same
Acts Contra Bonus Mores (Art. 21)- any person who
wilfully causes loss or injury to another in a manner that
is contrary to morals good customs or public policy shall
compensate the latter for the damage
Elements of Contra Bonus Mores:
1. There is a legal act
2. Which is contrary to morals, good customs,
public order or public policy; and
3. It is done with intent to injure
Principle of Unjust Enrichment (Art. 22)- no person
should unjustly enrich himself at the expense of another
Requisites:
1. Enrichment is without just or legal ground;
2. Defendant has been enriched;
3. Plaintiff has suffered loss;
4. He has no other action based on contract,
quasi-contract, crime or quasi-delict;
5. There must be a causal relation between the
two;
6. The indemnity cannot exceed the loss or
enrichment, whichever is less.
2. In case of annulment of marriage:
A. If wife is the guilty party  Resume her
maiden name and surname
B. If wife is the innocent party May choose
to continue employing her husband’s
surname
XPN: (1) The court decrees otherwise
(2) Former husband remarries
3. In case of Legal separation  Wife shall
continue using her name and surname before
legal separation

4. Widow  May still use deceased husband’s

II. Persons and Family Relations surname

Use of Surname by the child (Art. 364-365; 368-369)

A. Persons
Child Surname
1. Civil personality
Legitimate Father
Civil personality- it is the aptitude of being the subject
of rights and obligations
Legitimated Father
Juridical Capacity Capacity to Act

Fitness to be the subject of Power to do acts with Conceived before the Father
legal relations (Art. 37, CC) legal effects (Art. 37, CC) decree annulling a
voidable marriage

Lost only through death Lost through death and

restricted by other causes GR: Mother
(minority, insanity,
imbecility, etc) XPN: Father- if filiation has
been expressly recognized
Illegitimate by the father through:
2. Use of Surnames A. the record of
birth appearing in
Rules on the Surname of a Married Woman (Art. 370- the civil register
373, CC) B. Admission in a
public document
1. A married woman may use: C. Private
A. Her maiden first name and surname and handwritten
instrument is
add her husband’s surname
made by the
B. Her maiden first name and her husband’s father
surname
C. Her husband’s full name but prefixing a Adopted Adopter
word indicating that she is his wife, such as
“MRS”
3. Entries in the Civil Registry and Clerical Error Law
(RA 9048, as amended)
GR: No entry in a civil register shall be changed or
corrected without a judicial order (Art. 412, CC)
XPN: Clerical or Typographical error or Mistake in entry
(only admin proceeding) (RA 10172, Sec. 1)
XPN to XPN: (RA 10172, IRR, Rule 2.1)
petitioner and he has been publicly known by
that first name or nickname in the community
2. The change will avoid confusion
3. First name or nickname is ridiculous, tainted
with dishonour or extremely difficult to write or
pronounce
 RA 9048 does not sanction a change of first
name on the ground of sex reassignment

1. Age
2. Nationality Any person having direct
3. Status and personal interest in
Who the correction of a clerical
Clerical or Typographical error- harmless and innocuous or typographical error in
mistakes which are visible to the eyes or obvious to the an entry/ change of first
understanding, and can be corrected or changed only by name or nickname in the
civil register
reference to other existing record or records (RA 10172,
Sec. 2, par. 3) How Verified petition
 Change of name is a privilege because the state
has an interest in the names borne by
individuals and entities for purposes of 1. Local Civil Registry
identification. (Silverio v. Republic) (LCR) of the city or
municipality where
Grounds for change of name: the record being
Where sought to be corrected
1. When the change will avoid confusion or changed is kept
2. Having continuously used and been known 2. If petitioner has
since childhood by a Filipino name, unaware of migrated to another
her alien parentage place in the PH  May
3. When the change results as a legal consequence be filed in LCR of the
place where the
4. When the surname causes embarrassment and
interested party is
there is no showing that the desired change of presently residing or
name was for a fraudulent purpose or that the domiciled
change of name would prejudice public 3. Petitioner is residing
interests abroad  nearest PH
5. A sincere desire to adopt a Filipino name to consulate
erase signs of former alienage, all in good faith
*From RA 9048
and without prejudicing anybody; and
*Petitioners for the clerical or typographical errors and
6. When the name is ridiculous, dishonourable or change of first name or nicknames may be availed of
extremely difficult to write or pronounce only once
‘
Grounds for change of First Name or Nickname
under RA 9048:

1. New first name or nick name has been

habitually and continuously used by the
4. Absence 1. The absent spouse has been missing for 4 years
or 2 consecutive years if the disappearance
under extraordinary circumstances
Absence under Ordinary circumstances (Art. 390)
2. The present spouse wishes to remarry
3. The present spouse has a well-founded belief
Presumed dead for all that the absent spouse is dead
7 years purposes 4. The present spouse files a summary proceeding
for the declaration of presumptive death of the
XPN: Opening of absent spouse
succession
B. Marriage

10 years Presumed dead for 1. Requisites of Marriage

purposes of opening
succession Essential Formal

XPN: If at the time of 1. Legal Capacity of the 1. Authority of the

disappearance, the person contracting parties, solemnizing officer
was already 75 y/o, 5 who must be a male or 2. Valid Marriage License
years absence is sufficient female: 3. Marriage Ceremony
for this presumption to a. 18 years old or where the contracting
apply above parties appear before
b. Not under any the solemnizing
impediment officer, with their
under Art. 37 personal declaration
4 years Presumed dead for and 38 that they take each
purposes of remarriage of 2. Consent freely given in other as husband and
the spouse present (Art. the presence of a wife in the presence of
41, FC) solemnizing officer not less than 2
witnesses of legal age

Absence under Extraordinary Circumstances/ Qualified

Absence (Art. 391, CC)
4 years Presumed dead for all
purposes including
opening of succession
2 years Presumed dead for
purposes of remarriage
Presumption of death of absent spouse- a well-
founded belief that the absentee is already dead is
required before an absent spouse may be declared
presumably dead
3. Exemption from Marriage License requirement
A. Marriages solemnized outside the PH where no
marriage license is required by the country
where they were solemnized
B. Marriage in articulo mortis
C. In remote places- where the residence of either
party is so located that there is no means of
transportation to enable them to personally
appear before the LCR
D. Among Muslims or members of ethnic cultural
communities solemnized in accordance with
their customs, rites or practices
E. Marriage between a man and a woman who
have lived together as husband and wife for at
least 5 years and without legal impediment to
marry each other

Requisites: 4. Marriages Solemnized abroad and foreign divorce

GR: Marriages contracted outside the PH in accordance
with the laws in force in the country where they were
solemnized are valid in this country (Art. 26[1])

XPN: Foreign marriages shall not be allowed, if (Art. 35-

38):

A. Contracting parties are below 18

B. Incestuous marriages
C. Marriages contracted through mistake of one
party as to the identity of the other
D. Bigamous or polygamous marriages
E. When any of the party is psychologically
incapacitated when the marriage is celebrated
F. Marriage is contracted following the annulment
or declaration of nullity of a previous marriage
but before partition
G. Marriage is void by reason of public policy