OFFICE OF THE 2020 BAR CHAIR

BAR BULLETIN NO. 5, S. 2020

SYLLABUS FOR THE BAR EXAMINATION

CIVIL LAW

Attached is the coverage for the Civil Law examination, which will be
held on November 15, 2020.

For your information and guidance.

February 24, 2020.

MARVIM.V.F. LEONEN
z Associate Justice and
2020 Bar Examinations Chair
 SYLLABUS FOR THE
2020 BAR EXAMINATIONS

CIVIL LAW

Notes: All Bar candidates should be guided that only laws with their
respective amendments and canonical doctrines pertinent to these topics
as ofJune 30, 2019 will be covered in the 2020 Bar Examinations, except
when provided in this syllabus. Principles of law are not covered by the
cut-off period.

This syllabus is only a guide for the bar examinations. It should not be
mistaken for a course syllabus.

Partnership (Articles 1767—1867), Credit Transactions (Articles 2047—

2092; 2124—213I; and 2140-2141), except for Loan and Deposit; and
Concurrence and Preference of Credits (Articles 2236—2251) will be part
of Commercial Law. Civil Code provisions on Labor will not be covered
in Civil Law. The procedure for foreclosure of mortgage (real and
personal) will be covered in Remedial Law.

I. IN GENERAL

A. When law takes effect

B. Retroactivity of laws
c. Mandatory or prohibitory laws
D. Waiver of rights
E. Repeal of laws
F. Conflict of laws
G. Human relations
H. Applicability of penal laws

II. PERSONS AND FAMILY RELATIONS

A. PERSONS
1. Kinds of Persons
2. Capacity to act
3. Domicile and residence of persons

B. RIGHTS AND OBLIGATIONS OF COUPLES IN INTIMATE

RELATIONSH&S (REP. ACT No. 9262)

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C. CARRIAGE
1. Requisites
2. Marriages celebrated abroad
3. Foreign divorce
4. Void marriages
5. Voidable marriages
6. Unmarried cohabitation

D. LEGAL SEPARATION
1. Grounds
2. Defenses
3. Procedure
4. Effects of filing petition
5. Effects of pendency
6. Effects of decree of legal separation
7. Reconciliation
8. Effect of death of one of the parties

E. RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND LIFE

F. PROPERTY RELATIONS OF THE SPOUSES

1. Marriage settlements
2. Donations by reason of marriage
3. Void donations by the spouses
4. Absolute community of property
5. Conjugal partnership of gains
6. Regime of separation of property
7. Judicial separation of property
8. Property regime of unions without marriage

c. THE FAMILY
1. Concept of family
2. Effects on legal disputes
3. Family home

H. PATERNITY AND FILIATION

1. Legitimate children
2. Proof of filiation
3. Illegitimate children
4. Action to impugn legitimacy
5. Legitimated children

I. OPTION
1. Domestic Adoption Law
2. Law on Inter-Country Adoption

J. SUPPORT
1. What it compromises
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 2. Who are obliged to give support
3. Source of support
4. Order of support
5. Amount of support
6. Manner and time of payment
7. Renunciation and termination
8. Support pendenfe lite
9. Procedure in applications for support

K. PARENTAL AUTHORITY
1. General provisions
2. Substitute parental authority
3. Special parental authority
4. Effect of parental authority over the child’s person
5. Effects of parental authority over the child’s property
6. Suspension or termination of parental authority
7. Solo parents (Rep. Act No. 8972)

L. EMANCIPATION
1. Cause of emancipation
2. Effect of emancipation

M. SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY CODE

N. USE OF SURNAMES

O. ABSENCE
1. Provisional measures in case of absence
2. Declaration of absence
3. Administration of the property of the absentee
4. Presumption of death

P. CIVIL REGISTRAR

II. PROPERTY

A. CLASSIFICATION OF PROPERTY
1. Immovables
2. Movables

B. OWNERSH&
1. Bundle of rights
a. Actions to recover ownership and possession of real
property and its distinctions
b. Actions for recovery of possession of movable property
2. Distinction between real and personal rights
3. Modes of acquiring ownership
4. Limitations of ownership

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C. ACCESSION
1. Right to hidden treasure
2. Rules of accession
a. For immovables
b. For movables

D. QUIETING OF TITLE
1. Requisites
2. Distinctions between quieting title and
removing/preventing a cloud
3. Prescription/non-prescription of action

E. CO-OWNERSHIP
1. Characteristics of co-ownership
2. Sources of co-ownership
3. Rights ofco-owners
4. Termination of co-ownership

F. POSSESSION
1. Characteristics
2. Acquisition of possession
3. Effects of possession
4. Loss or unlawful deprivation of a movable
5. Possession in concept of owner, holder, in one’s own name, and
in name of another
6. Rights of the possessor
7. Loss or termination of possession

G. USUFRUCT
l. Characteristics
2. Classification
3. Rights and obligations of usufructuary
4. Rights of the owner
5. Extinction, termination, and extinguishment

H. EASEMENTS
1. Characteristics
2. Classification
3. Modes of acquiring easements
4. Rights and obligations of the owners of the dominant and
servient estates
5. Modes of extinguishment

I. NUISANCE
1. Nuisance per se
2. Nuisance per accidens
3. Liabilities
4. No prescription
5. Criminal prosecution

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 6. Judgment with abatement
7. Extrajudicial abatement
8. Special injury to individual
9. Right of individual to abate a public nuisance
10. Right to damages
11. Defenses to action
12. Who may sue on private nuisance

MODES OF AcqrIRING OWNERSH&

1. Occupation
2. Donation
3. Prescription

III. PRESCRIPTION

A. TWES OF PRESCRIPTION
1. Acquisitive
a. Ordinary
b. Extraordinary
2. Extinctive
a. Characteristics
b. Requisites
c. Periods

B. WHEN PRESCRIPTION IS INAPPLICABLE

1. By offender
2. Registered lands
3. Actions to demand right of way; to abate a nuisance
4. Action to quiet title if plaintiff is in possession
5. Void contracts
6. Action to demand partition; distinguished from laches
7. Property of public dominion

PRESCRIPTION OR LIMITATION OF ACTIONS

1. To recover movables
2. To recover immovables
3. Other actions

D. INTERRUPTION

IV. SUCCESSION

A. GENERAL PROVISIONS
1. Definition
2. Succession occurs at the moment of death
3. Kinds of Successors

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B. TESTAMENTARY SUCCESSION
1. Wills
2. Institution of heirs
3. Substitution of heirs
4. Conditional testamentary dispositions and testamentary
dispositions with a term
5. Legitime

LEGAL OR INTESTATE SUCCESSION

1. General provisions
a. Relationship
b. Right of representation
2. Order of intestate succession

D. PROVISIONS COMMON TO TESTATE AND INTESTATE SUCCESSION

1. Right of accretion
2. Capacity to succeed by will or intestacy
3. Acceptance and repudiation of the inheritance
4. Collation
5. Partition and distribution of estate

V. OBLIGATIONS

A. GENERAL PROVISIONS
1. Definition
2. Elements of an obligation
3. Sources of obligations

B. NATURE AND EFFECT OF OBLIGATIONS

1. Obligation to give
2. Obligation to do or not to do
3. Transmissibility of obligations
4. Performance of obligations
5. Breaches of obligations
6. Remedies available to creditor in cases of breach

I NDS OF OBLIGATIONS
1. Pure
2. Conditional
3. Obligation with a period or a term
4. Alternative or facultative
5. Joint and solidary obligations
6. Obligations with a penal clause

D. EXTINGUISHMENT OF OBLIGATIONS
1. Payment or performance
2. Loss of determinate thing due or impossibility or difficulty
of performance

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 3. Condonation or remission of debt
4. Confusion
S. Compensation
6. Novation

VI. CONTRACTS

A. GENERAL PROVISIONS
1. Stages of contracts
2. Classification
3. Essential requisites

B. FoRMALITY

REFORMATION OF INSTRUMENTS

D. INTERPRETATION OF CONTRACTS

E. DEFECTIVE CONTRACTS
1. Rescissible contracts
2. Voidable contracts
3. Unenforceable contracts
4. Void or inexistent contracts
5. Distinguish: resolution and rescission of contracts

VII. NATURAL OBLIGATIONS

VIII. ESTOPPEL

IX. SPECIAL CONTRACTS

A. SALES
1. General provisions
2. Parties
3. Obligations of the vendor
4. Obligations of the vendee
5. Transfer of ownership
6. Risk of loss
7. Documents of title
8. Warranties
9. Breach of contract
10. Performance of contract
11. Extinguishment

B. TRUSTS

C. AGENCY
D. COMPROMISE

E. Loan
1. Loan
2. Commodatum
3. Simple loan
4. Interests on loan
a. Conventional interest
b. Interest on interest
c. Compensatory, penalty or indemnity interest
d. Finance charges
e. Usury

F. DEPOSIT

G. LEASE

X. QUASI-CONTRACTS

A. NFGOTIORUM GESTIO

B.

XI. LAND TITLES AND DEEDS

A. TORRENS SYSTEM
1. Concept and background
2. Certificate of title

B. Acta TITLES AND ANCESTRAL LANDS Am Doors

1. Concept and registration of agrarian titles
2. Concept and registration of ancestral lands and domains

CITIZENSHIP REQUIREMENT
1. Individuals
2. Corporations

D. ORIGINAL REGISTRATION
1. Who may apply
2. Registration process and requirements
3. Remedies
4. Cadastral registration

E. SUBSEQUENT REGISTRATION
1. Voluntary dealings
2. Involuntary dealings

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F. NON-R£GISTRABLE PROPERTIES

G. DEALINGS WITH UNREGISTERED HANDS

XII. TORTS

A. PRINC&LES
1. Abuse of right; elements
2. Unjust enrichment
3. Liability without fault
4. Acts contrary to law
5. Acts contrary to morals

B. CLASSIFICATION OF TORTS
1. According to manner of commission
2. According to scope

THE TORTFEASOR
1. Direct tortfeasor
a. Natural persons
b. Juridical persons
2. Persons made responsible for others
3. Joint tortfeasors

D. PROXIMATE CAUSE
1. Concept
2. Cause in fact
3. Efficient intervening cause
4. Cause as distinguished from condition
5. Last clear chance

E. LEGAL INJURY
1. Concept
2. Elements of right
3. Violation of right or legal injury
4. Classes of injury

F. INTENTIONAL TORTS
1. General
a. Concept
b. Classes
2. Interference with rights to persons and property
3. Interference with relations

NEGLIGENCE
1. Concept
2. Good father of a family or reasonably prudent person
 3. Standard of care; emergency rule
4. Unreasonable risk of harm
5. Evidence
6. Presumption of negligence
7. Defenses

II. SPECIAL LIABILITY IN PARTICULAR ACTIVITIES

1. In general; concepts
2. Products liability; manufacturers or processors
3. Nuisance
4. Violation of constitutional rights; violation of civil liberties
5. Violation of rights committed by public officers
6. Provinces, cities and municipalities
7. Owner of motor vehicle
8. Proprietor of building or structure or thing
9. Head of family
10. Violations of data privacy

I. STRICT LIABILITY
1. Animals; possessor and user of an animal
2. Nuisance
3. Products liability; Consumer Act

XIII. DAMAGES

A. GENERAL CONSIDERATIONS
1. Classification
2. Kinds of damages
a. Actual and Compensatory
b. Moral
c. Nominal
d. Temperate
e. Liquidated
f. Exemplary
3. When damages may be recovered

B. DAMAGES IN CASE OF DEATH

C. G oUATION OF DAMAGES
1. Duty of injured party
2. Rules
a. In crimes
b. In quasi-delicts
c. In contracts and quasi-contracts
d. Liquidated damages
e. Compromise

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 LIST OF RELEVANT LAWS AND REGULATIONS

I. THE CIVIL CODE OF THE PHILIPPINES AND ALL ITS

AMENDATORY LAWS

II. FAMILY CODE OF THE PHILIPPINES (EXECUTIVE

ORDER NO. 209, AS AMENDED)

III. SPECIAL LAWS AND REGULATIONS

Rep. Act No. 7192 Women in Development and Nation

Building Act
Rep. Act No. Intercountry Adoption Act of 1995
8043 as amended
by Rep. Act No.
9523
Family Courts Act of
Rep. Act No. 8369
1997 Domestic Adoption
Rep. Act No.
8552 as amended Law
by Rep. Act No.
9523

Rep. Act No. Solo Parents’ Welfare Act of 2000

8972 Rep. Act An Act Authorizing the City or Municipal
Civil Registrar or the Consul General to
No. 9048 Correct a Clerical or Typographical Error
in an Entry and/or Change of First Name
or Nickname in the Civil Register without
need of a Judicial Order, amending for this
purpose Articles 376 and 412 of the Civil
Code of the Philippines

Anti-Violence Against Women and Their

Children Act of 2004
Rep. Act No. 9262
The Magna Carta of
Rep. Act No. 9710 Women Foster Care Act of
Rep. Act No. 2012
10165 Rep. Act An Act Further Authorizing the City or
Municipal Civil Registrar or the Consul
No. 10172 General to Correct Clerical or
Typographical Errors in the Day and
Month in
the Date
of Birth or
Sex of a
Person
Appearing
in the
Civil
Register
without
need of a
Judicial
Order,
amending
for this
purpose
Republic
Act No.
9048
Rep. Act No.

10354 Rep. Act Rep. Act No. 7279 Rep. Act No. 7394

No. 10821

Rep. Act No.

11166 Rep. Act

No. 11222

Com. Act No. 141

as amended

Pres. Decree No.

1529 as amended by
Rep. Act No. 11057

Pres. Decree No. 957

as amended by
Pres. Decree No.
1216

Act No. 3952

as amended by
Rep. Act No. 111

Act No. 4122

Rep. Act No.

4726 as amended
by Rep. Act No.
7899

Rep. Act No. 6552

Rep. Act No.

6657 as amended
by Rep. Act No.
9700

Rep. Act No. 6732

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The Sales Law (Recto Law) The

Responsible Condominium Act

Parenthood
and
Reproductive
Health Act of
2012 Realty Installment Buyer Protection Act
(Maceda Law)
Children’s
Emergency Comprehensive Agrarian Reform Law
Relief and
Protection Act

Philippine HIV and Administrative Reconstitution of Lost or

AIDS Policy Act Destroyed Original Copies of Certificates
of Titles
An Act
Allowing the Urban Development and Housing Act of
Rectification of
Simulated Birth 1992 Consumer Act of the Philippines
Records and
Prescribing
Administrative
Adoption
Proceedings for
the Purpose

The Public Land Act

Property Registration
Decree
as amended by
the Personal
Property
Security Act

Subdivision and
Condominium
Buyer’s
Protection Act

The Bulk Sales Law

Installm

ent
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Rep. Act No. The Indigenous Peoples’ Rights Act of

8371 Rep. Act 1997 Electronic Commerce Act

No. 8792 Rep. Real Estate Service Act of the Philippines

Act No. 9646 Magna Carta for Homeowners and

Homeowners’ Associations
Rep. Act No.
Authorizing the Issuance of Free Patents to
9904 Residential Lands

Data Privacy Act of 2012

Rep. Act No. 10023
Department of Human Settlements and
Urban Development Act
Rep. Act No.
Agricultural Free Patent Reform
10173 Rep. Act
Act The Right-of-Way Act
No. 11201
Safe Spaces Act

Rep. Act No. Magna Carta of the Poor

11231 Rep. Act Suspension of Usury

No. 10752 Rep. Law

Act No. 11313

Rep. Act No.

Rate of interest in absence of stipulation
11291

Central Bank (now —

Bangko Sentral ng
Pilipinas) Circular N
No. 905, series of O
1982 T
H
Bangko Sentral ng I
Pilipinas Circular N
No. 799, series of G
2013
F
O
L
L
O
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W
S

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