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    CIVIL 2023 DIVINA

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    80 views318 pages

    Civil 2023 Divina

    Uploaded by

    Mimi

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 318
    —_—_—————— COMPENDIOUS BAR REVIEWER ON CIVIL LAW —————————————— Based on Bar Exam Syllabus ‘ILO DIVINA DANNY E. BUNYT ALDEN FRANCIS C. GONZALES JANNA MAE B. TECSON LINTON M. TORRALBA [MARNELLI A. SALES ALFONSO ROELD. VARGAS JULIE ANN C. MANGUIAT KRISTINA MAE C. DURANA, LOUIS-MARIR. OPINA VLA MARIE D. FERRER ALEXANDRA NICOLE D. SUGAY DAVERICK ANGELITO E. PACUMIO 2023 EDITION Philippine Copyright, 2023, By NILOT. DIVINA DANNYE. BUNYT [ALDEN FRANCIS C. GONZALES. JANNA MAE B. TECSON, KLINTON M. TORRALBA, MARNELLI A. SALES ALFONSO ROEL.D. VARGAS JULIE ANN c. MANGUIAT. KRISTINA MAE C. DURANA LOUIS-MARIR. OPINA IVLA MARIE D, FERRER ALEXANDRA NICOLE D. SUGAY DAVERICK ANGELITO E. PACUMIO ALL RIGHTS RESERVED The authors prohibit unauthorized reproduction of this book. No portion ofthis book shall bo copied or repeodced in books, pamphlets, oulies or notes, whether printed, machine- copied, mimeographed, typewritten, photocopied, scanned or in any other form, manner or technique for distribution or se, ‘without the written permission ofthe authors. Any copy ofthis ‘book without the coresponding umber and genuine signatre of the author or thir represenatves on this page, either proceeds from am illegitimate souee or in possession of one who has no authority to eispose thereof, serialNo, 499 ISBN 976-60-02-20782 Pubic and Printed CENTRAL BOOK SUPPLY, INC. ‘7 Quran Avenue, Quezon iy Plppines ‘ma infos com ph FOREWORD ‘Much is always said about the grandeur ofthe legal profession, ‘with is traditions and secoutements seemingly out of reach for the common folk, andthe fame, fortune and thebestof lie’s ‘things that await those who are admitted int its hallowed falls. At east, that show it appears fom the ouside looking in, tthe tt admission othe lgal prosision is never a glamorous endeavor. Ris as pind as iis complicate, It takes patience and ‘vis, humor anda healthy understanding ofthe human condition, “Most mmpartanly, one must pas the Bar. Afr all itis the ulate test to determine whether the examines has leamed enough of the law to make him or her worthy of boing a member ofthe legal profession. ‘We leam the lw through reading. Constant and plenty of reading. In aw school, the profesor prescribes the book. For the bar, the cxaminee pics his reading materials. With nary a moment to ‘vaste, the chosen book must be complete without being verbose, a: well as engaging and accurate. It must remove every litle ‘loud on one's understanding of the la. ‘Which is where reviewers ike this one from the Professors ofthe University of Sto, Tomas (UST) Facalty of Civil Law eome in. ‘The Divina Bar Reviow Series, made by some ofthe country’s ‘ost respected legal luminaries and educators, is formatted in ‘Q&A so that legal concepts and principles, that may otherwise 'edifieult to comprehend, become fr more comprehensible for reviewees who hope to pass, ifnot ave the bur, an equally wef or practitioners Who Wish to refine their craft. Indeed, each ‘book's readercentered approach makes it an essential resource for ay person in need of aed proficiency i the la. ‘Then again, this reviewer is nota twats it isnot meant to dive deep into the philosophy of he law, Ii kin simply toa wrench that one needs inorder to finish aborious task such as the Bi. Indeed, Bar candidates ean use this wrench from UST Law iis as handy and timely ait comes. | congratulate the UST Faculty of Civil Law on this welcome ‘ton toa bar candidat’ tool box. Dean Nilo T, Diving, no douse, the progenitor and benefactor for ths work, i always looking for ‘ways to fp ew stents ui thee dream of becoming lawyer. Fortis, te legal education community i truly grat Dr. Anna Marie Melanie B. THnidad Chairperson, Legal Education Board FOREWORD As the various innovations and elaborate advancements in the ‘conduct ofthe Bar Examinations and the rules onceming admission tothe legal profession continve to tansform how law graguates prepare for their joumey cowards the elusive tle of Attorney, there is no doubt ha this has challenged our traditional methods ‘of tmining law students and providing guidance regarding the rigors of Bar Admission. The digital age has indeed found ts ‘way imo the process by instiuting the revolutionary digital Bar ‘Examinations. The implementation of regional Examinations also made an appearance in the field. Taking the step even further, the Chaltperson forthe 2023 Bar Examination fs lamented the need to “iodecnize the manger in which we admit those who ‘wish to join our profesion if we are to keep up with the bes practices that oer legal jurisdictions observe and implement in ‘heir spective areas” As the President ofthe Philippine Association of Law Schools, 1 am confident tat through this seemingly thick sereen of novelty ‘and unfamiliarity in the conduct of the Bat Examination, out students’ goals remain the same: to demonstrate knowledge of the lw and exhibit the eoret application of legal principles and jtsprudence Unsurprisingly, DivinaLaw is in dhe same boat asthe Academe With ths ides, being composed of lawyers who also teach in various law schools in the country. Their development of this collection of Bar Reviewers isa huge boon to law graduates who intend to brave the challenge of aking the 2023 Ber Examination, ‘The extensive scope of this compendium, coupled with the beloved Q&A forma, is expevted fo be helpful to Bar Takers Joking for materials o hone ther substantive knowledge of the law. The incorporation of doctrines arising out of Supreme Court, decisions penned by Justice Ramon Paul Hemando is Tikewise ‘welcome, given tha Bar Questions rypicaly include those authored by the designated Bar Chairperson. You may see all ofthese in ‘his enllestion dicated o each Bar subject, presente ina simplified and easy-orundrstand context ~ the Compendious Bat Reviewers, ‘This may wel be one ofthe most ambitious and Useful reviewers this season, ‘Congratulations to Divina Law fortis launch! Your efforts are core antes SEO... Pps Asotin of LS r aaa PREFACE AND ACKNOWLEDGMENT ‘An opus ex carla, his compilation isthe work of lve by the snthors as they commit o producing aademically compete iyers in the county. Its a result of the collective effts and shared experiences in practicing ae icoching a wide-range of law subjes, ‘This collection of Bar Reviewers forall bar subject ae writen by lawyers fom Divinal aw all with ering academic rede, and most of whom are law profestors, As the tile suggests, this work isa compendium of fundamental lea peinipes,dsigo in «question exlanswer format, Debentely cafe in ths manne, aims to tila the te-taking experience Tor Bar Reviewees, ‘The questions & answers are hase on the pertinent provisions of | laws and regulation’, past Bar Examinations, indmark and recent Supreme Court cases, a well asthe cases penned by the 2023 Bar Chairperson, Associate Justice Ramon Paul Hema, ‘The questions were erated o test the Bar Reviewoes’ knowledge and application ofthe law. Quick answers were then provided fo sid he reader in noting the important concepts, The presentation of topics follows the 2023 Bar Examination Syllabus to serve a a seamless manual foe te Bar Reviewee. To ide and assist members of the bar, this work also features essential updates on prevailing jurisprudence, ‘This wor is @ culmination, not just of the individual wisdom of| the authors, but of each’of their shared deste 10 assist a _eseration in building ther dreams and creating their own path ‘With cach author contributing his own unique expertise, the resultant work has both depth and accuracy. While Ihave written books in the past, winesing the Compendious Reviewer tum from an idea to a masterpiece isan enitely new experience. ‘To students and underbars, reviewers are great supplements 19 refresh ther knowledge inthe topic. Indeed, traditional sources Such a annotations and the lv sel are unparalleled However, through the years, afer writing several works in Commercial Law realized that reviewers can do wonders. It provides assurance f0| «reader thatthe coverage isnot insurmountable. I gives security ven to those with litle time to review. It isa relief from the pressure which the bar review imposes upon every graduate, This work was made by lawyers who wear various hats—itigatr, covporate counsel, eal advisor, tax procttioner, professor of lw, tu lecturer ad advoeats fo their ies uses But more han te various roles they assume in legal practice, the authors of the CCompendias Reviewer ee alo pars, len, slings, beavis, nation bikers, volunteers and fiends. These oes exhibit excellent time management. Despite their time being finite, Ihave seen how the authors dedicated most of their precious ine in completing their respective books even if it meant time outside of their ordinary routine. Tei rit assures me that [am surounded with ‘squally pssinate individuals. Ther heoic commitment reminds ‘me that te next generation are bound fr nothing but preaines Hono ike thee authors, his Compendious Reviewer i particularly

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