2017 BAR EXAMINATIONS

CIVIL LAW

PART I GENERAL PRINCIPLES

I. Effect and Application of Laws (Civil Code)

Include: Conflict of Laws (Private International Law)
II. Human Relations (Arts. 19-22, Civil Code)
Exclude: Independent civil actions and prejudicial questions which will be covered by
the examinations in Remedial Law

PART II PERSONS AND FAMILY RELATIONS

I. Persons and Personality (Civil Code)

II. Marriage (Family Code)
Exclude:
1. Muslim Code (PD 1083)
2. Duties of a Civil Registrar under Articles 12-19, 23-25 (family Code)
3. AM No. 02-11-10-SC, Rule on Declaration of Absolute Nullity of Void Marriages and
Annulment of Voidable Marriages RA Noo. 6955, entitled An Act to Declare Ulawful
the Practice of Matching Filipino Women for Marriage to Foreign Nationals on a Mail
Order Basis and Other Similar Practices xxx. RA No. 9208 or the Anti-Trafficking in
Persons Act of 2004
III. Legal Separation (Family Code)
Exclude: AM No. 02-11-11-SC, or the Rule on Legal Separation
IV. Rights and Obligations Between Husband and Wife (Family Code)
Exclude: RA No. 7192 or the Women in Development and Nation Building Act; RA No.
8187, or the Paternity Leave Act of 1996; RA No. 9710, or the Magna Carta of Women
V. Property Relations of the Spouses (Family Code)
 Exclude: Summary Judicial Proceedings in Family Law Cases (2016 Syllabus: Was not
excluded)
VI. The Family (Family Code)
1. The family as an institution
2. The family home
VII. Paternity and Filiation (Family Code)
Exclude: AM No. 06-11-5-SC or Rule on DNA Evidence (2016 Syllabus: Was not
excluded)
VIII. Adoption
A. Domestic Adoption Act of 1998 (RA No. 8552)
1. Who can adopt
2. Who can be adopted
3. Rights of an adopted child (include Art. 189-190, Family Code)
4. Instances when adoption may be rescinded
5. Effects of rescission
Exclude:
1. Rule on Adoption ( AM No. 02-6-02-SC)
2. RA No. 9523, entitled An Act Requiring Certification of the Department of
Social Welfare and Development to Declare a Child Legal Available for
Adoption as a Prerequisite for Adoption Proceedings xxx.
B. Inter-Country Adoption Act of 1995 (RA No. 8043)
1. When allowed
2. Who can adopt
3. Who can be adopted
C. Distinction between domestic adoption and inter-country adoption
Exclude: Articles 183-188, 191-193 (Family Code)

IX. Support (Family Code)

X. Parental Authority (Family Code)
Include: Child Abuse Law (RA No. 7610), specifically Sec.10 (c)
Exclude:
1. Rule on Guardianship of Minors (AM No. 03-02-05-SC)
 2. Rules on Custody of Minors and Writ of Habeas Corpus in Relation to
Custody of Minors (AM No. 03-04-04-SC)
3. Solo Parents Welfare Act of 2000 (RA No. 8972)
4. The Early Childhood Care and Development Act (RA No. 8980)
5. RA No. 9231, entitled An Act Providing for the Elimination of the Worst
Forms of Child Labor and Affording Stronger Protection for the Working
Child xxx, which will becovered under Labor Law
XI. Emancipation (Art. 234 and 236, Family Code, as amended by RA No 6809 which
lowered the age of majority)
XII. Retroactivity of the Family Code (Art. 256)
Exclude: Arts. 254-255, 257 (Family Code)
XIII. Funerals (Arts. 305-310, Civil Code)
Exclude: Care and Education of Children (Arts. 356-363, Civil Code)
XIV. Use of Surnames
Arts. 364-380, Civil Code (other articles not repealed by Family Code)
Include: RA No. 9255 (An Act Allowing Illegitimate Children to Use the Surname of their
Father)
XV. Absence
1. Art. 41, Family Code
2. Art. 381-389, Civil Code
3. Art. 390 392, Civil Code (Presumption of Death)

PART III PROPERTY

I. Characteristics
II. Classification
III. Ownership
IV. Accession
V. Quieting of Title to or Interest in and Removal or Prevention of Cloud over Title or
Interest in Real Property
VI. Co-ownership
VII. Possession
 VIII. Usufruct
IX. Easements
X. Nuisance
XI. Modes of Acquiring Ownership
XII. Donations

Prescription
I. Definition
II. Acquisitive and Extinctive Prescription
III. Instances when prescription is not allowed
IV. Prescription or limitation of actions

PART IV OBLIGATIONS AND CONTRACTS

Obligations
I. Definition, Elements
II. Sources of Obligation
III. Nature and Effects of Obligations
IV. Kinds of Obligations
1. Pure and Conditional
2. Obligations with a Period
3. Alternative Obligations
4. Joint and Solidary Obligations
5. Divisible and Indivisible Obligations
6. Obligations with a Penal Clause
V. Extinguishment of Obligations
1. Payment or Performance
2. Loss of the Thing Due
3. Condonation or Remission of Debt
4. Confusion or Merger of Rights of Creditor and Debtor
5. Compensation
6. Novation
Contracts
I. Essential Requisites
II. Kinds of Contracts
III. Objects, Cause and Form of Contracts
IV. Reformation of Instruments
V. Interpretation of Contracts
VI. Rescissible Contracts
VII. Voidable Contracts
VIII. Unenforceable Contracts
IX. Void and Inexistent Contracts
Natural Obligations
Estoppel

PART V SALES

I. Nature and Form of Contract (2016 Syllabus: Definition and Requisites)

II. Capacity to Buy or Sell
III. Effects of the Contract when the Thing Sold has been lost (2016 Syllabus: Risk of
Loss)
IV. Obligations of the Vendor (2016 Syllabus: Obli of the seller to transfer ownership)
V. Obligations of the Vendee
VI. Breach of Contract
Include:
1. Recto Law: sale of movables on installment (Articles 1484-1486, Civil Code)
2. Maceda Law: sale of immovable on installment
VII. Extinguishment of Sale
VIII. Assignment of Credits

PART VI LEASE
I. General Provisions
1. Lease of Things
2. Lease of Work and Services
II. Lease of Rural and Urban Lands
III. Rights and Obligations of Lessor and Lessee
IV. Special Rules for Lease of Rural/Urban Lands
Exclude: Household Service, Contract of Labor, Contract for Peace of Work (for inclusion
in Labor Law)

PART VII PARTNERSHIP

I. Contract of Partnership
II. Rights and Obligations of Partnership
III. Rights and Obligations of Partners Among Themselves
IV. Obligations of Partnership/Partners to Third Persons
V. Dissolution and Winding Up
VI. Limited Partnership

PART VIII AGENCY

I. Definition
II. Nature, Form and Kinds of Agency
III. Obligations of the Agent
IV. Obligations of the Principal
V. Modes of Extinguishment

PART IX TRUST

I. Definition
II. Kinds of Trust
1. Express Trust
2. Implied Trust
 PART X CREDIT TRANSACTIONS

I. Loan
II. Deposit
III. Guaranty and Suretyship
IV. Pledge, Mortgage and Antichresis, Chattel Mortgage (include Act 1508)
V. Quasi-Contracts
VI. Concurrence and Preference of Credits
Include: Section 133 of RA No. 10142 (An Act Providing for the Rehabilitation or
Liquidation of Financially Distressed Enterprises and Individuals)

PART XI SUCCESSION
I. General Provisions
II. Testamentary Succession/Wills
III. Legal or Intestate Succession
IV. Provisions Common to Testate and Intestate Succession
Exclude: Executors and administrators (Articles 1058-1060, Civil Code), which will be
covered under Remedial Law

PART XII LAND TITLES AND DEEDS

I. Torrens System (General Principles)
II. Original Registration
III. Subsequent Registration
1. Voluntary dealings
2. Involuntary dealings
B. Non-registrable Properties
C. Dealings with Unregistered Lands
Exclude:
1. History of land laws
2. Remedies sufficiently covered under Remedial Law
3. Registration of Judgments, orders and partitions
 4. Assurance fund
5. Registration of patents
6. Administrative structure of the Register of Deeds
7. Consultas

PART XIII TORTS AND DAMAGES

Book I Torts/Quasi-Delicts
Articles 2176-2194 (Civil Code)

I. Definition, Elements
II. Classification of Torts
1. Negligent Torts
2. Intentional Torts
3. Strict Liability
III. The Tortfeasor
1. Direct Tortfeasor
2. Persons made responsible for others
3. Nature of liability
IV. The Concepts and Doctrines of Res Ipsa Loquitor, Last Clear Chance, Proximate
Cause, Damnum Absque injuria, Presumption of Negligence, Vicarious Liability
V. Legal Injury

Book II Damages
Articles 2195-2235 (Civil Code)

I. General Provisions
II. Actual and Compensatory Damages
III. Moral Damages
IV. Nominal Damages
V. Temperate or Moderate Damages
VI. Liquidated Damages
 VII. Exemplary or Corrective Damages
VIII. Damages in Case of Death
(2016 Syllabus: Graduation of Damages and Miscellaneous Rules were included)

IMPORTANT NOTES:

The listing of covered topics is not intended and should not be used by law schools as a
course outline, and that this listing has been drawn up for the limited purpose of ensuring
that theBar candidates are guided on the coverage of the 2017 Bar Examinations.

All laws, rules, issuances and jurisprudence pertinent to every subject and its listed topics
as of June 30, 2016 are examinable materials within the coverage of the 2017 Bar
Examinations.

Principles of law are not covered by the cut-off period stated herein.

COMMITTEE FOR THE 2017 BAR EXAMINATIONS