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SYLLABUS FOR THE 2023 BAR EXAMINATIONS

CIVIL LAW (20%)

PERSONS AND FAMILY RELATIONS

I. Persons

A. When Law Takes Effect Doctrine

ART. 2. Laws shall take effect after fifteen days following the completion of their publication in the
Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such
publication.

"unless it is otherwise provided" refers to the date of effectivity and not to the requirement of
publication itself, which cannot in any event be omitted. This clause does not mean that the
legislature may make the law effective immediately upon approval, or on any other date,
without its previous publication.

Publication is indispensable in every case, but the legislature may in its discretion provide that
the usual fifteen-day period shall be shortened or extended.

all statutes, including those of local application and private laws, shall be published as a
condition for their effectivity, which shall begin fifteen days after publication unless a different
effectivity date is fixed by the legislature.

Covered by this rule are presidential decrees and executive orders promulgated by the
President in the exercise of legislative powers whenever the same are validly delegated by the
legislature or, at present, directly conferred by the Constitution. administrative rules and
regulations must a also be published if their purpose is to enforce or implement existing law
pursuant also to a valid delegation.

B. Ignorance of the Law

Art. 3. Ignorance of the law excuses no one from compliance therewith.

To constitute gross ignorance of the law, the acts complained of must not only be contrary to
existing law and jurisprudence, but were also motivated by bad faith, fraud, dishonesty, and
corruption.32 When the law is sufficiently basic, a judge owes it to his office to know and to
simply apply it. Anything less would be constitutive of gross ignorance of the law.

C. Retroactivity of Laws

Art. 4. Laws shall have no retroactive effect, unless the contrary is provided.

It is said that the law looks to the future only and has no retroactive effect unless the
legislator may have formally given that effect to some legal provisions (Lopez, et al. v. Crow,
40 Phil. 997, 1007); that all statutes are to be construed as having only prospective operation,
unless the purpose and intention of the Legislature to give them a retrospective effect is
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expressly declared or is necessarily implied from the language used; and that every case of
doubt must be resolved against retrospective effect (Montilla v. Agustinian Corp., 24 Phil.
220). These principles also apply to amendments of statutes.

Article 4 of the Civil Code provides that "(l)aws shall have no retroactive effect, unless the
contrary is provided.["] Correlatively, Article 8 of the same Code declares that "(j)udicial
decisions applying the laws or the Constitution shall form part of the legal system of the
Philippines."

Jurisprudence, in our system of government, cannot be considered as an independent source

of law; it cannot create law. While it is true that judicial decisions which apply or interpret the
Constitution or the laws are part of the legal system of the Philippines, still they are not laws.
Judicial decisions, though not laws, are nonetheless evidence of what the laws mean, and it is
for this reason that they are part of the legal system of the Philippines. Judicial decisions of
the Supreme Court assume the same authority as the statute itself.

the principle of prospectivity applies not only to original amendatory statutes and
administrative rulings and circulars, but also, and properly so, to judicial decisions.

The reasoning behind Senarillos vs. Hermosisima that judicial interpretation of a statute
constitutes part of the law as of the date it was originally passed, since the Court's
construction merely establishes the contemporaneous legislative intent that the interpreted
law carried into effect, is all too familiar. Such judicial doctrine does not amount to the
passage of a new law but consists merely of a construction or interpretation of a pre-existing
one.

It is consequently clear that a judicial interpretation becomes a part of the law as of the date
that law was originally passed, subject only to the qualification that when a doctrine of this
Court is overruled and a different view is adopted, and more so when there is a reversal
thereof, the new doctrine should be applied prospectively and should not apply to parties
who relied on the old doctrine and acted in good faith. To hold otherwise would be to deprive
the law of its quality of fairness and justice then, if there is no recognition of what had
transpired prior to such adjudication. (Emphasis supplied, citations omitted.)

D. Mandatory or Prohibitory Laws

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

"Laws shall have no retroactive effect, unless the contrary is provided" (Art. 4, New
Civil Code). It is said that the law looks to the future only and has no retroactive effect
unless the legislator may have formally given that effect to some legal provisions
(Lopez, et al. v. Crow, 40 Phil. 997, 1007); that all statutes are to be construed as
having only prospective operation, unless the purpose and intention of the Legislature
to give them a retrospective effect is expressly declared or is necessarily implied from
the language used; and that every case of doubt must be resolved against
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retrospective effect (Montilla v. Agustinian Corp., 24 Phil. 220). These principles also
apply to amendments of statutes. Republic Act No. 1576 does not contain any
provision regarding its retroactivity, nor such may be implied from its language. It
simply states its effectivity upon approval. The amendment, therefore, has no
retroactive effect, and the present case should be governed by the law at the time the
offer in question was made. The rule is familiar that after an act is amended, the
original act continues to be in force with regard to all rights that had accrued prior to
such amendment (Fairchild v. U.S., 91 Fed. 297; Hathaway v. Mutual Life Ins. Co. of
N.Y., 99 F. 534).

E. Waiver of Rights

Art. 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.

In People of the Philippines v. Donato,35 this Court explained the doctrine of waiver in
this wise:
Waiver is defined as "a voluntary and intentional relinquishment or abandonment of a
known existing legal right, advantage, benefit, claim or privilege, which except for
such waiver the party would have enjoyed; the voluntary abandonment or surrender,
by a capable person, of a right known by him to exist, with the intent that such right
shall be surrendered and such person forever deprived of its benefit; or such conduct
as warrants an inference of the relinquishment of such right; or the intentional doing
of an act inconsistent with claiming it."
As to what rights and privileges may be waived, the authority is settled:
o the doctrine of waiver extends to rights and privileges of any character, and,
since the word ‘waiver’ covers every conceivable right, it is the general rule
that a person may waive any matter which affects his property, and any
alienable right or privilege of which he is the owner or which belongs to him or
to which he is legally entitled, whether secured by contract, conferred with
statute, or guaranteed by constitution, provided such rights and privileges rest
in the individual, are intended for his sole benefit, do not infringe on the rights
of others, and further provided the waiver of the right or privilege is not
forbidden by law, and does not contravene public policy; and the principle is
recognized that everyone has a right to waive, and agree to waive, the
advantage of a law or rule made solely for the benefit and protection of the
individual in his private capacity, if it can be dispensed with and relinquished
without infringing on any public right, and without detriment to the
community at large. x x x36 (Emphasis supplied and citations omitted)

F. Presumption and Applicability of Custom

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

Art. 12. A custom must be proved as a fact, according to the rules of evidence.
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For failure to prove the foreign law and custom, it is presumed that foreign laws are the
sameas our local or domestic or internal law under the doctrine of processual presumption.
It is well settled that foreign laws do not prove themselves in our jurisdiction and our courts
are not authorized to take judicial notice of them. Like any other fact, they must be alleged
and proved.13 To prove a foreign law, the party invoking it must present a copy thereof and
comply with Sections 24 and 25 of Rule 132 of the Revised Rules of Court14 which read: SEC.
24. Proof of official record. — The record of public documents referred to in paragraph (a) of
Section 19, when admissible for any purpose, may be evidenced by an official publication
thereof or by a copy attested by the officer having the legal custody of the record, or by his
deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that
such officer has the custody. If the office in which the record is kept is in a foreign country, the
certificate may be made by a secretary of the embassy or legation, consul general, consul,
vice- consul, or consular agent or by any officer in the foreign service of the Philippines
stationed in the foreign country in which the record is kept, and authenticated by the seal of
his office.

SEC. 25. What attestation of copy must state. — Whenever a copy of a document or record is
attested for the purpose of the evidence, the attestation must state, in substance, that the
copy is a correct copy of the original, or a specific part thereof, as the case may be. The
attestation must be under the official seal of the attesting officer, if there be any, or if he be
the clerk of a court having a seal, under the seal of such court.

For a copy of a foreign public document to be admissible, the following requisites are
mandatory: (1) itmust be attested by the officer having legal custody of the records or by his
deputy; and (2) it must be accompanied by a certificate by a secretary of the embassy or
legation, consul general, consul, vice-consular or consular agent or foreign service officer, and
with the seal of his office.15 Such official publication or copy must be accompanied, if the
record is not kept in the Philippines, with a certificate that the attesting officer has the legal
custody thereof.16 The certificate may be issued by any of the authorized Philippine embassy
or consular officials stationed in the foreign country in which the record is kept, and
authenticated by the seal of his office.17 The attestation must state, in substance, that the
copy is a correct copy of the original, or a specific part thereof, as the case may be, and must
be under the official seal of the attesting officer.18

G. Legal Periods

Art. 13. When the laws speak of years, months, days or nights, it shall be understood that years are of
three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights
from sunset to sunrise.

If months are designated by their name, they shall be computed by the number of days which they
respectively have.

In computing a period, the first day shall be excluded, and the last day included. (7a)
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A.M. 00-2-14-SC clarifies the application of Section 1, Rule 22 of the Rules of Court when the
last day on which a pleading is due falls on a Saturday, Sunday, or legal holiday and the
original period is extended.2 The clarification states:

Whereas, the aforecited provision applies in the matter of filing of pleadings in courts when
the due date falls on a Saturday, Sunday, or legal holiday, in which case, the filing of the said
pleading on the next working day is deemed on time;

Whereas, the question has been raised if the period is extended ipso jure to the next working
day immediately following where the last day of the period is a Saturday, Sunday or legal
holiday so that when a motion for extension of time is filed, the period of extension is to be
reckoned from the next working day and not from the original expiration of the period;

NOW THEREFORE, the Court Resolves, for the guidance of the Bench and the Bar, to declare
that Section 1, Rule 22 speaks only of "the last day of the period" so that when a party seeks
an extension and the same is granted, the due date ceases to be the last day and hence, the
provision no longer applies. Any extension of time to file the required pleading should
therefore be counted from the expiration of the period regardless of the fact that said due
date is a Saturday, Sunday or legal holiday.

H. Territoriality Principle

Art. 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.

The jurisdiction of piracy unlike all other crimes has no territorial limits. As it is against all so
may it be punished by all. Nor does it matter that the crime was committed within the
jurisdictional 3-mile limit of a foreign state, "for those limits, though neutral to war, are not
neutral to crimes."

the Philippines being independent and sovereign, its authority may be exercised over its
entire domain. There is no portion thereof that is beyond its power. Within its limits, its
decrees are supreme, its commands paramount. Its laws govern therein, and everyone to
whom it applies must submit to its terms. That is the extent of its jurisdiction, both territorial
and personal. Necessarily, likewise, it has to be exclusive. If it were not thus, there is a
diminution of its sovereignty.

I. Conflict of Laws (NCC Arts. 15-18, relative to Divorce, Art. 26 (2)

1. Lex Nationalli

The nationality principle is embodied in Article 15 of the Civil Code:

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.
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Under the nationality principle, Philippine laws continue to apply to Filipino citizens when it
comes to their "family rights and duties... status, condition and legal capacity" even if they do
not reside in the Philippines. In the same manner, the Philippines respects the national
personal laws of aliens and defers to them when it comes to succession issues and "the
intrinsic validity of testamentary provisions."
However, the probate of a will only involves its extrinsic validity and does not delve into its
intrinsic validity, unless there are exceptional circumstances which would require the probate
court to touch upon the intrinsic validity of the will.

The extrinsic validity of a will, that is, that the document purporting to be a will is determined
to be authentic and duly executed by the decedent, is different from its intrinsic validity.

The intrinsic validity of the will "or the manner in which the properties were apportioned,"40
refers to whether the order and allocation of successional rights are in accordance with law. It
can also refer to whether an heir has not been disqualified from inheriting from the decedent.

Generally, the extrinsic validity of the will, which is the preliminary issue in probate of wills, is
governed by the law of the country where the will was executed and presented for probate.41
Understandably, the court where a will is presented for probate should, by default, apply only
the law of the forum, as we do not take judicial notice of foreign laws.

The nationality principle is not applied when determining the extrinsic validity of an alien's
last will and testament. When it comes to the probate of an alien's will, whether executed
here or abroad, the alien's national law may be pleaded and proved before the probate court.
Otherwise, Philippine law will govern by default.

2. Lex Rei Sitae

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

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.

It is a universal principle that real or immovable property is exclusively subject to the laws of
the country or state where it is located. The reason is found in the very nature of immovable
property — its immobility. Immovable are part of the country and so closely connected to it
that all rights over them have their natural center of gravity there.
Thus, all matters concerning the title and disposition of real property are determined by what
is known as the lex loci rei sitae, which can alone prescribe the mode by which a title can pass
from one person to another, or by which an interest therein can be gained or lost. This general
principle includes all rules governing the descent, alienation and transfer of immovable
property and the validity, effect and construction of wills and other conveyances.
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This principle even governs the capacity of the person making a deed relating to immovable
property, no matter what its nature may be. Thus, an instrument will be ineffective to transfer
title to land if the person making it is incapacitated by the lex loci rei sitae, even though under
the law of his domicile and by the law of the place where the instrument is actually made, his
capacity is undoubted.

On the other hand, property relations between spouses are governed principally by the
national law of the spouses. However, the party invoking the application of a foreign law has
the burden of proving the foreign law. The foreign law is a question of fact to be properly
pleaded and proved as the judge cannot take judicial notice of a foreign law. He is presumed
to know only domestic or the law of the forum.

To prove a foreign law, the party invoking it must present a copy thereof and comply with
Sections 24 and 25 of Rule 132 of the Revised Rules of Court which reads:
o SEC. 24. Proof of official record. — The record of public documents referred to in
paragraph (a) of Section 19, when admissible for any purpose, may be evidenced by an
official publication thereof or by a copy attested by the officer having the legal custody
of the record, or by his deputy, and accompanied, if the record is not kept in the
Philippines, with a certificate that such officer has the custody. If the office in which
the record is kept is in a foreign country, the certificate may be made by a secretary of
the embassy or legation, consul general, consul, vice consul, or consular agent or by
any officer in the foreign service of the Philippines stationed in the foreign country in
which the record is kept, and authenticated by the seal of his office. (Emphasis
supplied)

o SEC. 25. What attestation of copy must state. — Whenever a copy of a document or
record is attested for the purpose of the evidence, the attestation must state, in
substance, that the copy is a correct copy of the original, or a specific part thereof, as
the case may be. The attestation must be under the official seal of the attesting officer,
if there be any, or if he be the clerk of a court having a seal, under the seal of such
court.

3. Lex Loci Celebrationis

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.
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Lex loci celebrationis is a latin term, literally translated as the law of the place of the
ceremony. It means that the validity of a contract is governed by the place where it is made,
executed, or to be performed.20 It is adhered to by Philippine law, as enunciated under the
first paragraph of Article 26 of the Family Code, viz.:

Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force
in the country where they were solemnized, and valid there as such, shall also be valid in this
country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38.

Otherwise stated, a marriage formally valid in the place it is celebrated is valid in the
Philippines.

Lex loci celebrationis is a conflict of law principle that comes into play when there are
substantive issues relating to a contract that is celebrated elsewhere than the place of
citizenship of its parties.21 Philippine courts apply the same, not only with respect to marriage
but to other contracts, in order to determine the law that is to be applied in resolving disputes
that arise as a result thereof.

Applied to this controversy, the marriage between the parties having been celebrated in the
Philippines, is governed by Philippine laws. The same laws holds true with its incidents and
consequences. Thus, all matters relating to the validity of the contract of marriage, such as the
presence or absence of requisites, forms, or solemnities are to be judged in relation to the law
in which it has been celebrated or performed.

4. Doctrine of Renvoi

J. Human Relations in Relation to Persons

K. Capacity to Act

1. Restrictions on Capacity to Act

2. Birth and Death of Natural Persons

3. Presumption of Survivorship

L. Surnames

M. Rules Governing Persons Who are Absent

II. Marriage

A. General Principles

1. Essential Requisites

2. Formal Requisites

B. Mixed Marriages and Foreign Divorce

C. Void Marriages (See Tan-Andal v. Andal, G.R. No. 196359, May 11, 2021)
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D. Voidable Marriages

E. Effect of Defective Marriages

F. Foreign Marriages

G. Legal Separation

H. Property Relations Between Spouses

1. Donation Propter Nuptias

2. Void Donations by the Spouses

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3. Absolute Community of Property Regime

4. Conjugal Partnership of Gains Regime

5. Separation of Property Regime

6. Property Regime of Unions Without Marriage

7. Judicial Separation of Property

I. The Family

1. General Principles

J. The Family Home

1. General Principles

K. Paternity and Filiation

1. Concepts of Paternity, Filiation, and Legitimacy

2. Legitimate Children

a) Who are Legitimate Children

b) Proof of Filiation of Legitimate Children

c) Rights of Legitimate Children

d) Grounds to Impugn Legitimacy

3. Illegitimate Children

a) Who are Illegitimate Children

b) Proof of Filiation of Illegitimate Children

c) Rights of Illegitimate Children

d) Grounds to Impugn Filiation

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4. Legitimated Children

a) Who May be Legitimated

b) How Legitimation Takes Place

c) Grounds to Impugn Legitimacy

5. Adopted Children

a) Domestic Administrative Adoption and Alternative Child

Care Act (RA 11642)

b) Who May Adopt

c) Who May be Adopted

d) Effects of a Decree of Adoption (See Article Nos. 189-190 of

the Family Code)

L. Support

1. What Comprises Support

2. Who are Obliged to Give Support

3. Source of Support

4. Order of Support

M. Parental Authority

1. Concept of Parental Authority

2. Substitute Parental Authority

3. Special Parental Authority

4. Effects of Parental Authority

PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

I. Classification of Property

A. Immovables

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B. Movables

II. Bundle of Rights

A. Ownership

B. Rights of Accession
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1. General Principles

2. Accession Industrial

3. Accession Natural

C. Actions to Recover Ownership and Possession of Property

1. Accion Reivindicatoria

2. Accion Publiciana

3. Accion Interdictal

4. Quieting of Title

D. Co-Ownership

1. Distinctions Between Right to Property Owned in Common and

Full Ownership Over the Ideal Share

2. Contributions for Expenses

3. Redemption

4. Partition

E. Possession

1. Possession in the Concept of a Holder

2. Possession in the Concept of an Owner

3. Relevance of Good Faith and Bad Faith

4. Rules for Movables

F. Usufruct

1. Rights and Obligations of Usufructuary

2. Classes of Usufruct

3. Extinguishment of the Usufruct

G. Easements

1. Characteristics

2. Kinds of Easements

3. Modes of Acquiring Easements

4. Effects of Easement

5. Extinguishment of Easements
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III. Different Modes of Acquiring Ownership

A. Occupation

B. Tradition

C. Donation

1. Features

2. Classifications

3. Distinctions Between Mortis Causa and Inter Vivos Donations

4. Form

5. Limitations

6. Reduction and Revocation

D. Prescription

1. Distinctions Between Acquisitive and Extinctive Prescription

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2. Distinctions Between Extinctive Prescription and Laches

IV. Land Titles and Deeds

A. Torrens System

1. General Principles

B. Regalian Doctrine

C. Nationality Restrictions on Land Ownership

D. Original Registration (PD 1529)

1. Who May Apply

2. Decree of Registration

3. Review of Decree of Registration; Innocent Purchaser for Value

(IPV); Rights of IPV

E. An Act Improving the Confirmation Process for Imperfect Land Titles

(RA 11573), amending CA 141 and PD 1529 [See Republic v. Pasig Rizal

Co., Inc., G.R. No. 213207, February 15, 2022]

F. Certificate of Title

G. Subsequent Registration
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1. Voluntary Dealings

2. Involuntary Dealings

a) Adverse Claims

b) Notice of Lis Pendens

H. Non-Registrable Properties

I. Dealings With Unregistered Lands

J. Assurance Fund

1. Nature of Assurance Fund

2. Conditions for Compensation from Assurance Fund

3. Prescriptive Period

K. Reconstitution of Title

V. Wills and Succession

A. General Provisions

B. Testamentary Succession

1. General Provisions

2. Characteristics of a Will

3. Non-Delegability of a Testamentary Power

4. Applicable Law as to Form and Substance of a Will

5. Testamentary Capacity

6. Form of Notarial and Holographic Wills

7. Witnesses to a Notarial Will (Qualification and Disqualifications)

8. Conflict Rules

9. Modes of Revocation of Wills and Testamentary Dispositions

a) Effect on the Recognition of a Non-Marital Child

b) Theory of Dependent Relative Revocation

c) Revocation Based on a False Cause

10. Heirs

a) Compulsory Heirs

b) Institution of Heirs
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(1) Limitations on the Institution of Heirs

(2) Collective Institution

(3) Proscription Against Successive Institution

(4) Institution Based on a False Cause

c) Substitution of Heirs

(1) Causes of Substitution

(2) Fideicommissary Substitution (Compared With

Testamentary Trusts)

11. Legitime

a) Collation in Connection With the Computation of Legitime

b) Table of Legitime

c) Impairment of the Legitime

d) Presumptive Legitime

12. Preterition

a) Requisites

b) Governing Law

13. Conditional Dispositions and Dispositions

a) Condition Not to Marry

b) Disposicion Captatoria

c) Modal Institution

14. Void Testamentary Dispositions

15. Disinheritance

a) Grounds for Disinheritance

b) Requisites for the Various Grounds for Disinheritance

c) Effects of Reconciliation

16. Legacies and Devises

a) Requisites for Validity

b) Property Not Owned by the Testator

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c) Ineffective Legacies/Devises

C. Intestate Succession

1. Relationship

2. Causes of Intestacy

3. Order of Intestate Succession

4. Rule of Proximity and Rule of Equality

a) Exceptions to the Rule of Proximity and Rule of Equality

5. Determination of Heirs

6. Successional Barrier (the “Iron Curtain Rule”) (See Aquino v.

Aquino, G.R. Nos. 208912 and 209018, December 7, 2021)

7. Successional Rights of Adopted Children

8. Successional Rights of Adopting Parents

9. Successional Rights of Marital and Non-Marital Children

10. Successional Rights of the Surviving Spouse

11. Successional Rights of Collateral Relatives

D. Provisions Common to Testate and Intestate Succession

1. Capacity to Succeed

a) Incapacity by Reason of Unworthiness and Effects of

Condonation

b) Incapacity by Reason of Morality

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c) Incapacity by Reason of Possible Undue Influence

2. Right of Representation in Testacy and Intestacy

a) Requisites and Limitations

3. Right of Accretion in Testamentary Succession and in Intestacy

a) Requisites and Limitations

4. Acceptance and Repudiation of Inheritance

a) Form of Repudiation

b) Effects of Repudiation Compared to Predecease and

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Incapacity

OBLIGATIONS AND CONTRACTS

I. Obligations

A. General Provisions

1. Definition

2. Essential Elements

3. Sources of Obligation

B. Nature and Effects of Obligations

1. Breaches of Obligations

2. Remedies for Breach of Obligation

C. Different Kinds of Obligations

D. Extinguishment of Obligations

1. Payment

a) Concept of Payment

b) Payment by Cession vs. Dation in Payment

c) Tender of Payment and Consignation

2. Loss of the Thing Due

a) Concept of Loss

b) Requisites

c) Force Majeure

3. Condonation

4. Confusion

5. Compensation

a) Requisites

b) Compensation of Rescissible and Voidable Debts

c) Non-Compensable Debts

6. Novation

a) Concept of Novation

b) Expressed and Implied Novation

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(1) Requisites

c) Expromision and Delegacion Distinguished

(1) Consent Required

(2) Effect of Insolvency of New Debtor

d) Legal and Conventional Subrogation

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II. Contracts

A. General Provisions

1. Definition of a Contract

2. Elements of a Contract

a) Essential elements

b) Natural Elements

B. Basic Principles of Contracts

1. Obligatory Force of a Contract

2. Freedom to Stipulate (Autonomy of the Will) and its Limitations

3. Binding Effect of a Contract

4. Privity of Contract

a) Concept

b) Exceptions to the Rule on Privity of Contracts

5. Consensuality of Contracts

a) Concept and Coverage

b) Exceptions

c) Reformation of Instruments

C. Essential Requisites of a Contract

1. Consent

2. Object

3. Cause or Consideration

D. Defective Contracts

1. Rescissible Contracts
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2. Voidable Contracts

3. Unenforceable Contracts

4. Void Contracts

III. Natural Obligations

SPECIAL CONTRACTS

I. Sales

A. Definition and Essential Requisites

B. Contract of Sale

1. Contract to Sell

2. Option Contract

3. Right of First Refusal

C. Earnest Money

D. Double Sales

E. Risk of Loss

F. Breach of Contract of Sale

1. Recto Law

2. Maceda Law

G. Extinguishment of the Sale

1. Conventional Redemption

2. Legal Redemption

H. Equitable Mortgage

Page 7 of 9

I. Pacto de Retro Sales

II. Lease

A. Kinds of Lease

B. Rights and Obligations of Lessor

C. Rights and Obligations of Lessee

III. Agency

IV. Credit Transactions

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A. Loans

1. Kinds

2. Interest

B. Deposit

C. Guaranty and Suretyship

D. Real Estate Mortgage

E. Antichresis

V. Compromise

VI. Quasi-Contacts

A. Negotiorum Gestio

B. Solutio Indebiti

VII. Torts and Damages

A. Principles

1. Abuse of Rights

2. Unjust Enrichment

3. Liability Without Fault

4. Acts Contrary to Law

5. Acts Contrary to Morals

B. Classification of Torts

1. Intentional

2. Negligent

3. Strict Liability

C. The Tortfeasor

1. Joint

2. Direct

D. Quasi-Delict vs. Culpa Contractual vs. Culpa Criminal

1. Nature of Liability

E. Proximate Cause

1. Concept
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2. Doctrine of Last Clear Chance

F. Vicarious Liability

G. Res Ipsa Loquitur

H. Damnum Absque Injuria

Page 8 of 9

I. Defenses

J. Negligence

1. Standard of Care

2. Presumptions of Negligence

K. Damages

1. Kinds of Damages

a) Actual and Compensatory Damages

b) Moral Damages

c) Nominal Damages

d) Temperate or Moderate Damages

e) Liquidated Damages

f) Exemplary or Corrective Damages

2. When Damages May be Recovered

L. Damages in Case of Death

M. Duty of Injured Party

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