CIVIL LAW

2024 Bar
Examination
Office of Associate Justice Mario
V. Lopez

I. EFFECT AND APPLICATION OF LAWS

A. When Law Takes Effect; Publication (Civil Code, Article 2)

(a) When law is silent as to its effectivity:

“after fifteen days following the completion of (its) publication in the Official Gazette, or
in a newspaper of general circulation in the Philippines”
(b) When law provides for its effectivity:
It shall take effect on the said date provided that the law is published.
(c) When law provides that it shall take effect immediately upon approval:
Effective immediately upon its complete publication.

TN: Publication of laws is indispensable and cannot be dispensed with:

Rationale: Basic constitutional requirement of due process

B.Ignorance of the Law; Ignorance of Fact (Civil Code, Art. 3)

Ignorance of the Law Ignorance of fact
 Does not excuse one from the  Constitute an excuse and is a
legal consequences of his legal defense
conduct  Mat vitiate
 This refers only to mistake
with regard to the existence of
the law

C. Retroactivity of Laws (Civil Code, Art. 4); Vested Rights Principle

Retroactivity of Laws (Civil Code, Art. 4)
 GR: Laws shall have no retroactive effect (Art.4, CC)
Lex Prospicit,Non Respicit – The law looks forward, not backward
 Exception:
1. When the law itself expressly provides for its retroactivity. (Art. 4, NCC)
2. When the law is penal insofar as it favors the accused who is not a habitual criminal,
even though at the time of the enactment of such law, final sentence has already
been rendered. (Art. 22, Revised Penal Code)
3. When the law is procedural so long as it does not affect or change vested rights.
(Aguillon us. Dir. of Lands, 17 Phil. 506)
4. When the law creates new substantive rights. (Art. 2263, NCC; Bona us. Briones, 38
Phil. 276)
5. When the law is curative in character in the sense that the purpose for its enactment
is to cure defects or imperfections in judicial or administrative proceedings.
6. When the law is interpretative of other laws.

Vested Rights Principle

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 D. Mandatory, Prohibitory and Permissive Laws (Civil Code, Art. 5)

Article 5. Acts executed against the provisions of mandatory or prohibitory laws shall be
void, except when the law itself authorizes their validity.

When Foreign law cannot be applied:

o Prohibitive laws concerning persons, their acts or property, and those which have for their
object public order, public policy, and good customs shall not be rendered ineffective by laws or
judgments promulgated, or by determinations or conventions agreed upon in a foreign country.
(Paragraph 3, Article 17, Civil Code.)
o A foreign law, judgement, or contract contrary to sound and established public policy shall not
be applied when its application would work undeniable unjustice to citizens or residents of the
furom.

E.Waiver of Rights (Civil Code, Art. 6)

Article 6. Rights may be waived, unless the waiver is contrary to law, public order, public
policy, morals, or good customs, or prejudicial to a third person with a right recognized by
law.

Requisites of a Valid Waiver

1. Existence of a right;
2. Knowledge of the existence thereof; and
3. An intention to relinquish the right

General Rule: Rights may be waived.

Exceptions

1. If the waiver is contrary to law, public order, public policy, morals or good customs;
2. If the waiver prejudices a third person;
3. If the alleged rights do not yet exist;
4. If the right is a natural right.

F.Repeal of Laws (Civil Code, Art. 7)

Article 7. Laws are repealed only by subsequent ones, and their violation or non-observance
shall not be excused by disuse, or custom or practice to the contrary.

When the courts declared a law to be inconsistent with the Constitution, the former shall be
void and the latter shall govern.

Administrative or executive acts, orders and regulations shall be valid only when they are not
contrary to the laws or the Constitution.

G. Judicial Decision (Civil Code, Art. 8)

Article 8. Judicial decisions applying or interpreting the laws or the Constitution shall form
a part of the legal system of the Philippines. (CC)

 Rule:
a) Retroactive application:
The SC interpretation of a statute forms part of the law as of the date it was passed.

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 b) Exception: Prospective application:
When the doctrine of the SC is overruled and a different view is adopted.

H. Duty to Render Judgment (Civil Code, Art. 9)

Article 9. No judge or court shall decline to render judgment by reason of the silence,
obscurity or insufficiency of the laws.

I. Interpretation of Doubtful Statutes (Civil Code, Art. 10)

Article 10. In case of doubt in the interpretation or application of laws, it is presumed that
the lawmaking body intended right and justice to prevail.

J. Custom (Civil Code, Arts. 11-12)

Article 11. Customs which are contrary to law, public order or public policy shall not be
countenanced. (n)

Article 12. A custom must be proved as a fact, according to the rules of evidence. (n)

K. Legal Periods (Civil Code, Art. 13, as amended by Book I, Sec.

31 of the Administrative Code of 1987 (E.O. No. 292))

 “Year” shall be understood to be Twelve Calendar Months;

“Month” of Thirty Days, unless it refers to a specific calendar month in which case it shall be
computed according to the number of days the specific month contains;
“Day” to a day of twenty-dour hours;
“Night”, from sunset to sunrise;

o The first day shall be excluded, and the last day included [Art. 13, Civil Code].

Rule if the last day is a weekend or a legal holiday

If the last day of the period, as thus computed, falls on a Saturday, a Sunday, or a legal holiday in the
place where the court sits, the time shall not run until the next working day [Sec. 1, Rule 22, Rules of
Court].

Exception for contractual obligations :

o The act will still be due despite the fact that the last day falls on a weekend or a legal holiday.
o This is because obligations arising from contracts have the force of law between the
contracting parties.

L. Generality Principle of Penal Laws (Civil Code, Art. 14)

Article 14. Penal laws and those of public security and safety shall be obligatory upon all who
live or sojourn in the Philippine territory, subject to the principles of public international law and
to treaty stipulations.

Exception: Philippine penal laws shall not apply in the following cases:

1. if treaty stipulations provide to the contrary;

2. if a law of preferential application provides to the contrary; and
3. if a principle of public international law provides to the contrary.

M. Conflict of Laws (Civil Code, Arts. 15-18)

1.Jurisdiction; Forum Non Conveniens
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 2.Choice of Law; Doctrine of Renvoi; Doctrine of Processual
Presumption

 Choice of Law:
Refers to the probable sources from which the applicable law of
the controbersy may be derived

 Doctrine of Renvoi:
Refers

 Doctrine of Processual Presumption:

If the foreign law is not properly pleaded and proved, our courts
will presume that the foreign law is the same as our local or
domestic or internal law.

a.Lex Nationalii

Article 15. Laws relating to family rights and duties, or to the status, condition and legal
capacity of persons are binding upon citizens of the Philippines, even though living abroad.

b.Lex Rei Sitae

Article 16. Real property as well as personal property is subject to the law of the country where
it is stipulated.

However, intestate and testamentary successions, both with respect to the order of succession
and to the amount of successional rights and to the intrinsic validity of testamentary provisions,
shall be regulated by the national law of the person whose succession is under consideration,
whatever may be the nature of the property and regardless of the country wherein said
property may be found.

Rule: If the issue involves properties, whether real or personal, the

applicable law is the law of the country where it is situated. (Article 16,
par. 1, NCC)

Exception to the Lex Situs Rule

1. The transaction does not affect the transfer of title to/ownership of the land – LEX
INTENTIONIS or LEX VOLUNTATIS
2. Contracts where the real property is offered by way of security for the performance of an
obligation such as a loan.

a. LOAN – covered by rules on ordinary contracts

b. MORTGAGE – LEX SITUS

3. Testate or intestate succession and capacity to succeed – LEX NATIONALII

o National Law of the Decedent which shall apply to intestate and

testamentary successions with regards to:
a. Order of Succession;
b. Amount of Successional Rights;
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 c. Intrinsic validity of provisions of the will;
d. Capacity to succeed

c.Lex Contractus

o TN: The intrinsic validity of the contract must be governerd by the lex
contractus of “proper law if the contract. This is the law agreed upon by
the parties (lex loci voluntatis) or the law intended by them expressly or
implicitly (lex loci intentionis).

d. Lex Loci Celebrationis

Lex Loci Celebrationis: Laws of the country in which they are executed
a) Forms and Solemnities of Wills (Extrinsic Validity)
a. Exception: Joint wills executed by Filipinos in a foreign country is
not valid in the Philippines
b) Forms and Solemnities of contracts
a. Exception:All matters concerning the tittle and disposition of Real
Property – lex loci sitae

Article 17. The forms and solemnities of contracts, wills, and other public instruments shall be
governed by the laws of the country in which they are executed.

When the acts referred to are executed before the diplomatic or consular officials of the Republic of the
Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in
their execution.

Prohibitive laws concerning persons, their acts or property, and those which have for their object public
order, public policy and good customs shall not be rendered ineffective by laws or judgments
promulgated, or by determinations or conventions agreed upon in a foreign country. (11a)

a.Lex Domicilii

b.Lex Fori

c. Lex Loci Delicti

d.Lex Loci Solutionis

3.Recognition and Enforcement of Foreign Judgment

II. HUMAN RELATIONS

a. Abuse of Rights (Civil Code, Arts. 19-22)

i. Acts Contra Bonus Mores

Article 19. Every person must, in the exercise of his rights and in the performance of his duties, act
with justice, give everyone his due, and observe honesty and good faith.

Elements of Abuse of Right

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 1. There is a legal right or duty;
2. Which is exercised in bad faith; and
3. For the sole intent of prejudicing or injuring another

Kinds of Abuse of Rights

1. Acts contrary to law

Article 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall
indemnify the latter for the same.

2. Acts contrary to morals (Acts Contra Bonus Mores)

Article 21. Any person who wilfully causes loss or injury to another in manner that is contrary to
morals, good customs or public policy shall compensate the latter for the damage.

Elements [Albenson v. CA, G.R. No. 88694 (1993)]

1. There is an act which is legal;
2. But which is contrary to morals, good customs, and public policy; and
3. It is done with intent to injure.

Requisites for a cause of action under Article 21:

1. that one willfully causes injury or loss to another;
2. that it was done in a manner that is contrary to morals, good customs, or public policy; and
3. That the act done to cause injury or loss must be legal.

ii. Breach of Promise of Marriage

1. Rule: Promise to marry is not an actionable wrong.

2. Liable for damages under Article 21, CC (Contrary to morals)
a. When there is seduction to entice the woman to a sexual intercourse;
b. When the groom led the bride to believe that the wedding would push trough and they
went through all the wedding preparation.

b. Unjust Enrichment (Civil Code, Art. 23)

Article 23. Even when an act or event causing damage to another's property was not due to the fault
or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was
benefited.

Elements [Yon Mitori International Industries v. Union Bank of the Philippines, G.R. No. 225538
(2020)]

1. A person is unjustly benefited; and

2. Such benefit is derived at the expense of or with damages to another.

The restitution must cover the loss suffered by the plaintiff, but it can never exceed the amount of
unjust enrichment of the defendant if it is less than the loss of the plaintiff.

c. Thoughtless Extravagance (Civil Code, Art. 25)

Article 25. Thoughtless extravagance in expenses for pleasure or display during a period of acute
public want or emergency may be stopped by order of the courts at the instance of any government or
private charitable institution.

d. Tortious Interference (Civil Code, Art. 1314)

Article 1314. Any third person who induces another to violate his contract shall be liable for damages
to the other contracting party. (n)
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 III. PERSONS AND FAMILY RELATIONS

e. Natural Persons

i. Capacity to Act; Restrictions (Civil Code, Arts. 37-39)

Capacity to Act:
Refers to the power to do acts with legal effect (Art. 37, CC)

Restrictions:
Circumstances which modify, limit, or restrict capacity to act:
1. Minority

2. Insanity or imbecility
3. Deaf-mutism
4. Civil Interdiction (Penalty)
5. Prodigality
6. Family relations
7. Alienage
8. Absence
9. Insolvency and trusteeship

III. Minority:
TN: Art. 234, Family Code is amended, lowering the age of emancipation/majority from 21 to 18
years.

Effects on Contracts

1. They cannot give consent to a contract [Art. 1327 (1), Civil Code)]
2. The minority cannot be asserted by the other party in an action for annulment [Art. 1397, Civil
Code]
3. Not obliged to make restitution except insofar as he has been benefited [Art. 1399, Civil Code]
4. Minor has no right to demand the thing/price voluntarily returned by him [Art. 1426, Civil Code]
5. Minor has no right to recover voluntarily paid sum or delivered thing if consumed in good faith
[Art. 1427, Civil Code]
6. Must pay a reasonable amount for necessaries delivered to him [Art. 1489, Civil Code]
7. A contract where one of the parties is a minor is voidable [Art. 1390 (1), Civil Code]
8. A contract is unenforceable when both of the parties are minors (incapable of giving consent)
[Art. 1403 (3), Civil Code]
9. The legal capacity of contracting parties is an essential requisite of marriage [Art. 2 (1), Family
Code.]

Estoppel works against minors who misrepresent their ages in a contract and are compelled to
comply with its terms [Mercado v. Espiritu, G.R. No. L-11872 (1917)].

However, when a minor made no active misrepresentation as to his minority and such minority is
known to the other party, the contract may be annulled by the minor upon attaining age the age of
majority [Bambalan v. Maramba, G.R. No. L-27710 (1928)].

Effects on Marriage

1. May not yet contract marriage [Art. 5, Family Code]

2. Marriages, where one of the parties is below 18, even with the consent of
parents/guardians, are void [Art. 35, Family Code]

Effect on Crimes [RA 9344 (Juvenile Justice and Welfare Act of 2006)]
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General Rule: Exempted from criminal liability
Exception: Acted with discernment, and the minor is between 15 and 18 years of age

IV. Insanity:
Prevailing Presumption: Every person is of sound mind, in the absence of proof to the
contrary [Art. 800 (1), Civil Code]

Effect on Contracts

1. Incapacity to give consent to a contract [Art. 1327 (2), Civil Code]

2. Contracts entered into during lucid intervals are valid [Art. 1328, Civil Code]
3. Burden of proof lies with the party asserting the contract was entered into by the insane
during a lucid interval.
4. Restitution of benefits [Art. 1399, Civil Code]
5. Voidable if one of the parties is insane [Art. 1390, Civil Code]
6. Unenforceable if both of the parties are insane [Art. 1403 (3), Civil Code]
7. Marriage may be annulled if either party was of unsound mind.

Exception: unless such party after coming to reason, freely cohabited with the other as
husband and wife [Art. 45 (2), Family Code]

V. Deaf-mutism

Effect on Contracts

1. Cannot give consent to a contract if he/she also does not know how to write [Art. 1327 (2),
Civil Code]
2. Can make a valid will, if able to do so; otherwise, he shall designate two persons to read it
and communicate to him, in some practicable manner, the contents thereof [Art. 807, Civil
Code]
3. Cannot be a witness to the execution of a will [Art. 820, Civil Code]
4. Voidable if one of the parties is a deaf mute who does not know how to write [Art. 1390(1),
Civil Code]
5. Unenforceable if both of the parties are deaf mutes and do not know how to write [Art.
1403 (3), Civil Code]

VI. **

2. Commencement and End of Civil Personality (Civil Code, Arts.

40-42)

Article 40. Birth determines personality; but the conceived child shall be considered born for all
purposes that are favorable to it, provided it be born later with the conditions specified in the following
article. (29a)

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Article 41. For civil purposes, the foetus is considered born if it is alive at the time it is completely
delivered from the mother's womb. However, if the foetus had an intra-uterine life of less than seven
months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the
maternal womb. (30a)

Article 42. Civil personality is extinguished by death.

The effect of death upon the rights and obligations of the deceased is determined by law, by contract
and by will. (32a)

3. Proof of Death (Civil Code, Art. 43; Rules of Court, Rule 131,
Sec. 3 (jj)

Article 43. If there is a doubt, as between two or more persons who are called to succeed each other,
as to which of them died first, whoever alleges the death of one prior to the other, shall prove the
same; in the absence of proof, it is presumed that they died at the same time and there shall be no
transmission of rights from one to the other. (33)

Rule 131, Section 3(jj) provides that, except for purposes of succession, when two persons
perish in the same calamity, and it is not shown who died first, and there are no circumstantial
evidence to be inferred from, the survivorship is determined from the probabilities resulting from
the strength and the age of the sexes.

B. Juridical Persons (Civil Code, Arts. 44-47)

C. Domicile; Residence (Civil Code, Arts. 50-51)

D. Surnames (Civil Code, Arts. 364-380; R.A. No. 9048; R.A. No.
10172)

E. Absentees (Civil Code, Arts. 381-396)

F. Marriage; General Principles (Family Code, Art. 1)

*Exclude: Muslim Code (PD 1083)
i. Essential and Formal Requisites (Family Code, Art. 2-3, 5-11,
20-21, 26,
31-35)
*Exclude: Duties of a Civil Registrar (Family Code, Arts. 12-
19, 23-25)
ii. Effects of Absence, Defect or Irregularity (Family Code, Art.
4)

G. Mixed Marriages (Family Code, Art. 26)

H.Void Marriages; Effects and Remedies (Family Code, Arts. 35-44, 50-
54)

I. Voidable Marriages; Effects and Remedies (Family Code, Arts. 45-54)

*Exclude: A.M. No. 02-11-10-SC and R.A. No. 6955

J. Legal Separation (Family Code, Arts. 55-67)

*Exclude: A.M. No. 02-11-11-SC

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K. Property Relations Between Spouses (Family Code, Arts. 76-81)
1. Donation Propter Nuptias; Void Donations (Family Code, Art.
82-83, 86- 87, 43(3), 50)
2. Marriage Settlements (Family Code, Arts. 75-81)
1.Absolute Community of Property Regime (Family Code,
Arts. 75- 85, 88-104)
2. Conjugal Partnership of Gains Regime (Family Code,
Arts. 105- 133)
3. Separation of Property Regime (Family Code, Arts.
143-146)
3. Judicial Separation of Property (Family Code, Arts. 134-142)

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 4. Property Regime of Unions Without Marriage (Family Code,
Arts. 147- 148)

L. Rights and Obligations Between Husband and Wife (Family Code,

Arts. 68-73)
*Exclude: R.A. No. 7192; R.A. No. 8187; R.A. 9710

M. The Family; Family Home (Family Code, Arts. 149-165)

N. Paternity and Filiation

1. Concepts of Paternity, Filiation and Legitimacy (Family
Code, Art. 163)
2. Legitimate and Illegitimate Children (Family Code, Arts. 164-
165, 167- 169)
1. Proof of Filiation (Family Code, Arts. 172, 173, 175)
2.Rights of Legitimate Children (Family Code, Art. 174)
3.Rights of Illegitimate Children (Family Code, Art. 176;
R.A. No. 9255)
4. Action to Impugn Legitimacy (Family Code, Arts. 166,
170 and 171)
3. Legitimated Children (Family Code, Arts. 177-182; R.A. No.
9858)
*Exclude: A.M. No. 06-11-5-SC
1. Rights of Legitimated Children (Family Code, Art. 179)
2.Action to Impugn Legitimacy (Family Code, Art. 182)
4. Adopted Children
1. Domestic Administrative Adoption and Alternative
Child Care Act (R.A. No. 11642)
2.Inter-Country Adoption Act (R.A. No. 8043)
3. Simulated Birth Rectification Act (R.A. No. 11222)

O. Support (Family Code, Arts. 194-208)

P. Parental Authority (Family Code, Arts. 209-233)

*Exclude: A.M. No. 03-02-05-SC; A.M. No. 03-04-04-SC; R.A. No.
8972; R.A. No. 8980; R.A. No. 9231

IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

A. Classification of Property
1. Immovables and Movables (Civil Code, Arts. 414-418)
2. Public Dominion; Patrimonial; Private (Civil Code, Arts. 419-
425)

B.Ownership; Hidden Treasure (Civil Code, Arts. 427-439)

C. Right of Accession; Movables and Immovable (Civil Code, Arts. 440-

475)

D. Quieting of Title (Civil Code, Arts. 476-481)

E.Co-Ownership (Civil Code, Arts. 484-501); Condominium Act (R.A.

No. 4726)

F.Possession (Civil Code, Arts. 523-561)

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 G. Actions to Recover Ownership and Possession of Real Property
1. Accion Interdictal
2. Accion Publiciana
3. Accion Reivindicatoria

H. Easements; Easement of Right of Way (Civil Code, Arts. 613, 649-

657)

I. Nuisance (Civil Code, Arts. 694-707)

V.DIFFERENT MODES OF ACQUIRING OWNERSHIP (Civil Code, Art.

712)
Q. Occupation (Civil Code, Art. 713-720)

R.Donation (Civil Code, Arts. 725-773)

S. Prescription (Civil Code, Arts. 1106-1155)

VII. LAND TITLES AND DEEDS

a. Regalian Doctrine (Const., Art. XII, Sec. 2)

b. Nationality Restrictions on Land Ownership (Constitution, Art. XII,

Sec. 7-8)

c. Registry of Property (Civil Code, Arts. 708-711)

d. Torrens System; Certificate of Title (P.D. No. 1529, Sec. 39, 44)

e. Original Registration
i. Who May Apply (P.D. No. 1529, Sec. 14, as amended by R.A.
No. 11573; C.A. No. 141, as amended; R.A. No. 8371, Sec.
12)
ii. Decree of Registration (P.D. No. 1529, Sec. 31)
iii. Review of Decree of Registration (P.D. No. 1529, Sec. 32)
iv. Innocent Purchaser for Value; Rights (P.D. No. 1529, Sec.
32)

f. Confirmation of Imperfect Titles (R.A. No. 11573)

g. Subsequent Registration (P.D. No. 1529, Secs. 51-53)

i. Voluntary Dealings (P.D. No. 1529, Secs. 111-112)
ii. Involuntary Dealings (P.D. No. 1529, Secs. 69, 74, 76);
Adverse Claims and Notice of Lis Pendens (P.D. No. 1529,
Secs. 70 and 77)

h. Non-Registrable Properties (Civil Code, Art. 420)

i. Dealings with Unregistered Lands (P.D. No. 1529, Sec. 113)

j. Assurance Fund (P.D. No. 1529, Secs. 93-102)

k. Reconstitution of Title (P.D. No. 1529, Sec. 110)

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VIII.WILLS AND SUCCESSION
a. General Provisions (Civil Code, Arts. 774-782)

b. Testamentary Succession
i. Wills (Civil Code, Arts. 783-795)
ii. Testamentary Capacity (Civil Code, Arts, 796-803)
iii. Notarial and Holographic Wills; Joint Will (Civil Code, Arts.
804-819)
iv. Witnesses to a Notarial Will; Qualifications and
Disqualifications (Civil Code, Arts. 820-824)
v. Codicils and Incorporation by Reference (Civil Code, Arts.
825-827)
vi. Conflict Rules (Civil Code, 2nd par. Art. 16 and Art. 17)
vii. Revocation of Wills (Civil Code, Arts. 828-834)
viii. Republication and Revival of Wills (Civil Code, Arts. 835-
837)
ix. Allowance and Disallowance of Wills (Civil Code, Arts. 838-
839)
x. Institution and Substitution of Heirs (Civil Code, Arts 840-870)
xi. Dispositions with a Condition or Term (Civil Code, Arts. 871-
885)
xii. Compulsory Heirs; Legitime (Civil Code, Arts. 886-914)
xiii. Disinheritance (Civil Code, Arts. 915-923)
xiv. Legacies and Devises (Civil Code, Arts. 924-959)

c. Intestate Succession
i. Causes of Intestacy and Relationship (Civil Code, Arts. 960-
969)
ii. Right of Representation (Civil Code, Arts. 970-977)
iii. Order of Intestate Succession (Civil Code, Arts. 978-1014)

d. Provisions Common to Testate and Intestate Succession (Civil Code,

Arts. 1015- 1105)

IX. OBLIGATIONS AND CONTRACTS

a. Obligations
i. Civil and Natural Obligations (Civil Code, Arts. 1423-1430)
ii. General Provisions (Civil Code, Arts. 1156-1162)
iii. Nature and Effect of Obligations (Civil Code, Arts. 1163-
1178)
iv. Different Kinds of Obligations (Civil Code, Arts. 1179-1230)
v. Extinguishment of Obligations (Civil Code, Arts. 1231-
1304)

b. Contracts
i. Essential Requisites of Contract (Civil Code, Art. 1318)
1. Consent (Civil Code, Arts. 1319-1346)
2.Object (Civil Code, Arts. 1347-1349)
3. Cause (Civil Code, Arts. 1350-1355)
ii. Principles of Contracts (Civil Code, Arts. 1159, 1305-1317)
1. Obligatory Force
2.Autonomy
3. Relativity
4. Consensuality
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 5.Mutuality
iii. Real vs. Consensual Contracts
iv. Form, Reformation and Interpretation (Civil Code, Arts.
1356-1379)
v. Defective Contracts
1. Rescissible (Civil Code, Arts. 1380-1389)
2.Voidable (Civil Code, Arts. 1390-1402)
3. Unenforceable (Civil Code, Arts. 1403-1408)
4. Void (Civil Code, Arts. 1409-1422)

c. Estoppel (Civil Code, Arts. 1431-1439)

X. CONTRACT OF SALE
a. Nature and Form (Civil Code, Arts. 1458-1488)
i. Contract of Sale vs. Contract to Sell
ii. Option Contract
iii. Right of First Refusal
iv. Earnest Money in Contract of Sale and Contract to Sell

b. Capacity to Buy or Sell (Civil Code, Arts. 1489-1492)

c. Obligations of the Vendor (Civil Code, Arts. 1459-1505)

d. Double Sale (Civil Code, Art. 1544)

e. Effects of Loss of Thing Sold (Civil Code, Arts. 1493-1494)

f. Recto Law (Civil Code, Art. 1484)

g. Maceda Law (R.A. No. 6552)

h. Rights of Unpaid Seller (Civil Code, Arts. 1525-1535)

i. Conventional Redemption (Civil Code, Arts. 1602, 1606-

1618); Legal Redemption (Civil Code, Arts. 1619-1635)

j. Equitable Mortgage (Civil Code, Arts. 1602-1605)

XI. CONTRACT OF LEASE

a. General Provisions (Civil Code, Arts. 1642-1645)

b. Rights and Obligations of Lessor and Lessee (Civil Code, Arts. 1654-
1679)

c. Sublease and Assignment of Lease (Civil Code, Arts. 1649-1650)

XII. AGENCY
a. Nature, Form, and Kinds (Civil Code, Arts. 1868-1883)

b. Obligations of Agent and Principal (Civil Code, Arts. 1864-1918)

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 c. Extinguishment (Civil Code, Arts. 1919-1932)

XIII.CREDIT TRANSACTIONS
a. Mutuum and Commodatum (Civil Code, Arts. 1933-1961)

b. Deposit (Civil Code, Arts. 1962-2009)

c. Guaranty and Suretyship (Civil Code, Arts. 2047-2081)

d. Real Estate Mortgage (Civil Code, Arts. 2085-2092, 2124-2131)

e. Personal Property Security Act (R.A. No. 11057)

XIV. COMPROMISE AGREEMENT (Civil Code, Arts. 2028-2041)

XV. QUASI-CONTRACTS (Civil Code, Arts. 2142-2143)

a. Negotiorium Gestio (Civil Code, Arts. 2144-2153)

b. Solutio Indebiti (Civil Code, Arts. 2154-2163)

c. Other Quasi-Contracts (Civil Code, Arts. 2164-2175)

XVI. TORTS AND DAMAGES (Civil Code, Arts.

a. Common Principles
i. Torts vs. Crimes
ii. Torts vs. Contracts

b. Classification of Torts
i. Negligence (Civil Code, Arts. 2176-2194)
ii. Degrees of Diligence and Negligence; Presumption
2.Intentional (Civil Code, Arts. 19-35)
3.Strict Liability (Civil Code, Arts. 2183-2193; R.A. No. 7394,
Arts. 97-102)

c. The Tortfeasor; Joint and Direct Liabilities (Civil Code, Art. 2194)

d. Proximate Cause; Concept; Doctrine of Last Clear Chance

e. Vicarious Liability (Civil Code, Art. 2180)

f. Res Ipsa Loquitur

g. Damnum Absque Injuria

h. Defenses in Tort Actions

i. Medical Negligence and Malpractice

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 j. Damages; Kinds of Damages (Civil Code, Art. 2197); When May Be
Recovered (Civil Code, Art. 2216)
i. Actual and Compensatory Damages (Civil Code, Arts. 2199-
2215)
ii. Moral Damages (Civil Code, Arts. 2217-2220)
iii. Nominal Damages (Civil Code, Arts. 2221-2223)
iv. Temperate or Moderate Damages (Civil Code, Arts. 2224-
2225)
v. Liquidated Damages (Civil Code, Arts. 2226-2228)
vi. Exemplary or Corrective Damages (Civil Code, Arts. 2229-
2235)

k. Damages in Case of Death

l. Duty of Injured Party

NOTE: All Bar candidates should be guided that only laws, rules, issuances,
and jurisprudence pertinent to the topics in this syllabus as of June 30,
2023 are within the coverage of the 2024 Bar Examinations.

-NOTHING FOLLOWS-

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