NOTE: This syllabus is an outline of the key topics that fall under the core subject “Civil Law”. Accordingly, all Bar candidates should be guided that only laws, rules, issuances, and jurisprudence pertinent to the topics in this syllabus as of June 30, 2024 are examinable materials within the coverage of the 2025 Bar Examinations.
Unless otherwise indicated in the headings or in the texts themselves, the provisions of law cited below refer to the Civil Code of the Philippines.
I. PRELIMINARY TITLE
A. Effect and Application of Laws
1. When Laws Take Effect
2. Ignorance of the Law
3. Instances when laws are given retroactive effect by way of exception
4. Nullity of acts committed in violation of mandatory or prohibitory laws;
Exceptions 5. Waiver
6. Void Laws
a. Exception posed by the Doctrine of Operative Fact
7. Judicial Decisions
a. Stare Decisis
i. Kinds of Stare Decisis
ii. Prospective Application of Doctrines; Exception
8. Computation of Periods
a. Section 31, Chapter VIII, Book I of the Revised Administrative Code of 1987
9. Principle of generality of criminal law
10. Conflict of Laws
a. Lex Nationalii b. Lex Rei Sitae
c. Lex Loci Celebrationis
B. Human Relations
1. Abuse of Right
2. Unjust Enrichment
3. Tortious Interference 4. Accion in rem verso
II. PERSONS
A. Juridical capacity
1. Acquisition of personality
a. Natural persons
b. Juridical persons
i. Sections 2, 4 and 18 of Republic Act (R.A.) No. 11232
B. Capacity to Act
1. Presumption of capacity to act
2. Acquisition of Capacity to Act – R.A. No. 6809
C. Restrictions on capacity to act
1. Further restrictions on capacity to act arising from minority – R.A. No. 11596
III. FAMILY CODE
Executive Order No. 209
A. Marriage 1. General Principles
a. State Policy on Marriage
b. Essential and Formal Requisites of Marriage
c. Effects of Absence, Defect or Irregularity of the Requisites
d. Rights and Obligations Between Husband and Wife
2. Validity of Marriages Celebrated Abroad
a. Grounds available to have marriages celebrated abroad declared null and void in the Philippines;
b. Relevance of the nationality of the parties in relation to the available
grounds for declaration of nullity of mixed marriages in the Philippines
3. Mixed Marriages and Foreign Divorce
a. See Republic v. Manalo, 831 Phil. 33 (2018)
4. Void Marriages a. Different Grounds for Nullity
i. See also R.A. No. 11596 and Tan-Andal v. Andal, G.R. No. 196359, May 11, 2021
b. Legal standing to file a petition for declaration of nullity
c. Collateral attack to assail validity of a marriage
d. Legal Consequences of Declaring a Marriage as Null and Void
5. Voidable Marriages a. Grounds
b. Defenses
c. Legal Consequences of Annulment of Marriage
6. Legal Separation
a. Grounds
b. Defenses c. Legal Consequences of Legal Separation
d. Effects of Reconciliation
7. Property Relations Between the Spouses
a. Ante-Nuptial Agreements or Marriage Settlements
b. Donation Propter Nuptias
c. Different Property Regimes
i. Absolute Community of Property Regime
ii. Conjugal Partnership of Gains Regime
iii. Complete Separation of Property Regime or Judicial Separation of
Property
d. Rules Common to Both Absolute Community of Property and Conjugal
Partnership of Gains
e. Property Regime of Unions Without Marriage
8. Paternity and Filiation
a. Concepts of Paternity, Filiation, and Legitimacy
b. Legitimate Children
i. Who are Legitimate Children
ii. Proof and period to establish legitimate filiation
iii. Rights of Legitimate Children
iv. Standing to Impugn Legitimacy
v. Grounds to Impugn Legitimacy
vi. Prescriptive periods to impugn legitimacy
c. Illegitimate Children
i. Who are Illegitimate Children
ii. Proof of Filiation of Illegitimate Children
iii. Rights of Illegitimate Children – R.A. No. 9255
iv. Grounds to Impugn Filiation
d. Legitimated Children
i. Who May be Legitimated - R.A. No. 9858
ii. How Legitimation Takes Place
iii. Grounds to Impugn Legitimacy
e. Adopted Children - R.A. No. 11642 or the Domestic Administrative Adoption and Alternative Child Care Act
i. Who May Adopt
ii. Who May be Adopted
iii. Administrative Process of Adoption
iv. Effects of Adoption
v. Rescission of Adoption
vi. See R.A. No. 11222
vii. Foundlings; Citizenship Status and Administrative Adoption of
Foundlings under R.A. No. 11767
9. Support
a. What Comprises Support
b. Who are Obliged to Give Support
c. Source of Support
d. Order of Support
10. Parental Authority
a. Concept of Parental Authority
b. Substitute Parental Authority
c. Special Parental Authority
d. Effects of Parental Authority
IV. CIVIL REGISTER
A. Correction of Entries in the Civil Register
1. Rule 108, Rules of Court
2. R.A. No. 9048 as amended by R.A. No. 10172
3. R.A. No. 11909
B. Proscription against collateral attack on a person’s status via correction of entries in the civil register V. OBLIGATIONS AND CONTRACTS
A. Obligations
1. Civil and Natural Obligations
2. General Provisions
a. Definition
b. Essential Elements
c. Sources of Obligation 3. Nature and Effects of Obligations
a. Breaches of Obligations
b. Remedies for Breach of Obligations
c. Defense of Fortuitous Event
4. Different Kinds of Obligations
a. Pure b. Conditional; Kinds of Conditions
c. With a Period
d. Alternative Obligations
e. Joint and Solidary Obligations
f. Divisible and Indivisible Obligations
g. Obligations with a Penal Clause
5. Extinguishment of Obligations
a. Payment
i. Concept of Payment
ii. Capacity and/or Identity of Payor or Payee
iii. Special Forms of Payment
b. Loss of the Thing Due
i. Concept of Loss
ii. Requisites
iii. Effect of Loss on an Obligation
iv. Presumption of Loss
v. Principle of Rebus Sic Stantibus as applied to obligations
c. Condonation d. Confusion
e. Compensation
i. Requisites
ii. Effect of Assignment of Credit on right to invoke compensation
iii. Non-Compensable Debts
f. Novation i. Concept of Novation
ii. Express and Implied Novation
iii. Expromision and Delegacion Distinguished
(a) Consent Required
(b)Effect of Insolvency of New Debtor
iv. Legal and Conventional Subrogation
6. Estoppel
B. Contracts
1. General Provisions
a. Definition of a Contract
b. Elements of a Contract
i. Essential Elements ii. Natural Elements
2. Basic Principles of Contracts
a. Obligatory Force of a Contract
b. Freedom to Stipulate (Autonomy of the Will) and its Limitations
c. Relativity
i. Concept ii. Exceptions to the Rule on Privity of Contracts
d. Consensuality of Contracts
i. Concept and Coverage
ii. Exceptions
iii. Reformation of Instruments
e. Mutuality of Contracts 3. Real vs. Consensual Contracts
4. Form, Reformation, and Interpretation of Contracts 5. Defective
Contracts
a. Rescissible Contracts
b. Voidable Contracts
c. Unenforceable Contracts d. Void Contracts
VI. WILLS AND SUCCESSION
A. Succession
1. Definition
2. Elements of Succession
a. Death
b. Inheritance i. Property
ii. Rights
iii. Obligations
iv. Extent of a Person’s Liability for an Inherited Obligation
c. Successors
i. Heirs ii. Voluntary Heirs
iii. Compulsory Heirs
iv. Intestate Heirs
v. Legatees and Devisees
d. Acceptance
B. Different Kinds of Succession
1. Testamentary Succession
a. Concept
b. Wills
i. Characteristics of a Will
ii. Effect of simply providing for disinheritance
c. Testamentary Capacity d. Kinds of Wills: Notarial and Holographic Wills
i. Requisites Common to Notarial and Holographic Wills
ii. Requisites of a valid Notarial Will
iii. Special Requirements
iv. Requisites of a valid Holographic Will
e. Codicils and Doctrine of Incorporation by Reference
f. Revocation of Wills and Testamentary Dispositions
i. Modes
ii. Presumption of Revocation
iii. Doctrine of Dependent Relative Revocation
g. Republication and Revival of Wills
h. Allowance and Disallowance of Wills
i. Institution and Substitution of Heirs
j. Dispositions with a Condition or Term
k. Legacies and Devices
i. Instances when legacy/device is deemed revoked
2. Compulsory Succession
a. Table of Legitime b. Computation of the Net Hereditary Estate
c. Determination of the Legitime
d. Consequence of Impairment of the Legitime
e. Preterition
f. Disinheritance
i. Requisites ii. Grounds
iii. Effects of Disinheritance
iv. Effect of Reconciliation
v. Preterition vs. Defective Disinheritance
3. Intestate Succession
a. Causes of Intestacy b. Order of Intestate Succession
c. Rule of Proximity and Rule of Equality
d. Iron Curtain Rule
C. Provisions Common to Testate and Intestate Succession
1. Rule of Proximity
2. Rule of Preference of Lines
3. Right of Representation
a. In the descending line
b. In the collateral line
c. Effect of illegitimate filiation of the representative as qualified by the ruling in
Aquino v. Aquino, G.R. Nos. 208912 and 209018, December 7, 2021
4. Right of Accretion in intestate and testate succession
a. Requisites and limitations
5. Collation
6. Acceptance and Repudiation of Inheritance
a. Form of Repudiation
b. No right of representation when there is repudiation
7. Capacity to inherit
VII. SPECIAL CONTRACTS
A. Contract of Sale 1. Nature and Form
a. Contract of Sale vs. Contract to Sell
b. Option Contract
c. Right of First Refusal
d. Earnest Money in Contract of Sale and Contract to Sell
2. Capacity to Buy or Sell
3. Obligations of the Vendor
4. Double Sale
5. Effects of Loss of Thing Sold
6. Recto Law
7. Maceda Law (R.A. No. 6552)
a. Transactions covered by the Maceda Law
b. Computation of the number of installments made
c. Rights given to the buyer on installment
d. Requisites for a valid cancellation under the Maceda Law
e. Consequence of failure to comply with the requisites of a valid cancellation
under the Maceda Law
8. Conventional and Legal Redemption
9. Equitable Mortgage B. Contract of Lease
1. Rights and Obligations of the Lessor and Lessee
2. Sublease and Assignment of Lease
C. Agency
1. Nature, Form, and Kinds
2. Obligations of Agent and Principal
3. Extinguishment
VIII. CREDIT TRANSACTIONS
A. Loans
1. Definition
2. Kinds of Loans
a. Commodatum
b. Mutuum B. Deposit
1. Definition
2. Kinds of Deposit
a. Judicial
b. Extrajudicial
C. Guaranty and Suretyship
1. Nature and Extent of Guaranty
2. Effects of Guaranty
3. Extinguishment of Guaranty
4. Legal and Judicial Bonds
D. Real Estate Mortgage
1. Requisites 2. Characteristics
3. Foreclosure
4. Right of Redemption
IX. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
A. Property
1. Requisites
2. Classification of Property a. According to Nature
i. Immovable Property
ii. Movable Property
b. According to Ownership
i. Property of Private Ownership
ii. Property of Public Dominion
B. Ownership
1. Definition
2. Object of Ownership
a. Difference between real and personal rights
3. Attributes of Ownership
4. Consequences of Ownership 5. Actions to Recover Ownership and Possession of Property
a. Doctrine of Self-Help
b. Accion Reivindicatoria
c. Accion Publiciana
d. Accion Interdictal
e. Quieting of Title 6. Rights of Accession
a. General Principles
b. Kinds
i. Accession Discreta
ii. Accession Continua
iii. Accession Natural
iv. Accession Industrial in relation to Immovable Property
v. Accession Industrial in relation to Movable Property
7. Co-Ownership
a. Definition
b. Quantitative and Qualitative Concept of Co-ownership
c. Consequences of Co-ownership d. Right of Legal Redemption given to Co-owners of a co-owner selling his or her ideal share
i. Requisites
ii. Distinguished from the right of legal redemption given to co-heirs under Article 1080 of the Civil Code
e. Partition
f. Prescription among co-owners
8. Possession a. Definition
b. Classification of Possession
i. Possession exercised in one’s own name or in the name of another
ii. Possession in concept of owner and possession in concept of holder
iii. Possession in good faith or bad faith
c. Effects of Possession
i. Nature of possession required for acquisitive prescription
ii. Presumption of just title
iii. Right to the fruits
iv. Right to Necessary Expenses, Useful Expenses and Luxurious Expenses
v. Effect of limited right of removal on the right to useful and luxurious
improvements vi. Possession equivalent to title
d. Loss of Possession
9. Easements
a. Concept of Easement
b. Characteristics
c. Kinds of Easement d. Modes of Acquiring Easements
e. Rights and obligations of the dominant and servient estate
f. Modes of Extinguishment of Easements
C. Different Modes of Acquiring Ownership
1. Occupation
2. Tradition 3. Donation
a. Concept and definition
b. Essential elements
c. Classification of Donation
d. Distinctions Between Mortis Causa and Inter Vivos Donations
e. Donations Mortis Causa as Testamentary Dispositions
f. Form
g. Prohibited donations
h. Reduction and Revocation
4. Prescription
X. QUASI-CONTRACTS
A. Definition of Quasi Contracts
B. Kinds 1. Negotiorum Gestio
2. Solutio Indebiti
a. Distinction from Accion in Rem Verso
b. Mistake of law as basis for solutio indebiti
c. Significance of good faith on the part of the payee
3. Other Quasi Contracts
XI. QUASI-DELICTS
A. Principles
1. Abuse of Right; Elements
2. Unjust Enrichment
3. Liability without Fault
4. Acts Contrary to Law
5. Acts Contrary to Morals
B. The Tortfeasor
1. The Direct Tortfeasor
a. Natural Persons
b. Juridical Persons
2. Persons Made Responsible for Others
a. In General i. Quasi-delicts
ii. Indirect liability for intentional acts
iii. Presumption of negligence on persons indirectly responsible
iv. Nature of liability
b. In Particular
i. Parents ii. Guardian
iii. Owners and Managers of Establishments and Enterprises
iv. Employers
v. State
vi. Teachers and Heads of Establishments of Arts and Trades
3. Joint Tortfeasors C. Proximate Cause
1. Concept
a. Distinguished from Immediate Cause
b. Distinguished from Intervening Cause
c. Distinguished from Remote and Concurrent
2. Legal Cause a. Natural and Probable Consequences
b. Foreseeability
3. Efficient Intervening Cause
4. Cause vs. Condition
5. Last Clear Chance
D. Classification of Torts 1. Intentional
2. Negligent
3. Strict Liability
E. Defenses
1. Due diligence
2. Acts of public officers
3. Accident or fortuitous event
4. Damnum absque injuria
5. Assumption of risk
6. Last clear chance
7. Prescription
8. Waiver 9. Double recovery
F. Medical Negligence and Malpractice
XII. DAMAGES
A. General Considerations
B. Kinds
1. Actual and Compensatory Damages
2. Moral Damages 3. Nominal Damages
4. Temperate or Moderate Damages
5. Liquidated Damages
6. Exemplary or Corrective Damages
C. Damages in Case of Death
D. Duty of Injured Party
XIII. LAND TITLES AND DEEDS Presidential Decree No. 1529
A. Torrens System
1. Decree of Registration
2. Review of Decree of Registration
3. Innocent Purchaser for Value; Rights
B. Regalian Doctrine
C. National Restrictions on Land Ownership
D. Confirmation of Imperfect Titles - R.A. No. 11573
E. Subsequent Registration
1. Voluntary Dealings
2. Involuntary Dealings; Adverse Claims and Notice of Lis Pendens
F. Non-Registrable Properties (Civil Code)
G. Dealings with Unregistered Lands
H. Assurance Fund
1. Nature of Assurance Fund
2. Conditions for Compensation from Assurance Fund
3. Parties named as respondents in action to claim against the Assurance Fund
4. Reckoning point of the prescriptive period to claim against the Assurance Fund
I. Reconstitution of Title XIII. STRATEGIC PLAN FOR JUDICIAL INNOVATIONS 2022-2027
