2017 BAR EXAMINATIONS Civit LAW PART|— GENERAL PRINCIPLES Effect and Application of Laws (Civil Code) _ Include: Conflict of Laws (Private Intemational Law) 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 Il - PERSONS AND FAMILY RELATIONS Persons and Personality (Civil Code) Marriage (Family Code) Exclude: 1. Muslim Code (P.D. 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; R.A. No. 6955, entitled “An Act to Declare Unlawful the Practice of Matching Filipino Women for Marriage to Foreign Nationals on a Mail Order Basis and Other Similar Practices xxx’. R.A. No. 9208 or the Anti- Trafficking in Persons Act of 2003 Legal Separation (Family Code) Exclude: A.M. No. 02-11-11-SC, or the Rule on Legal Separation Rights and Obligations Between Husband and Wife (Family Code) Exclude: R.A. No. 7192 or the Women in Development and Nation Building Act; R.A. No.8187, or the Paternity Leave Act of 1996; R.A. No. 9710, or The Magna Carta of Women.2017 Bar Examinations Civil Law v. Vi. vil. Vill. Property Relations of the Spouses (Family Code) Exclude: Summary Judicial Proceedings in Family Law Cases The Family (Family Code) 1. The family as an institution 2. The family home Paternity and Filiation (Family Code) Exclude: A.M. No. 06-11-5-SC or Rule on DNA Evidence Adoption A. Domestic Adoption Act of 1998 (R.A. 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 Instances when adoption may be rescinded 5.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 (A.M. No. 02-6-02-SC) 2. R.A. 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 (R.A. 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) ‘Support (Family Code) Parental Authority (Family Code) Include: Child Abuse Law (R.A. No. 7610), specifically Sec. 10 (c) Page 2 of 92017 Bar Examinations Civil Law Xi. Xil. Xill. XIV. Exclude: 1, Rule on Guardianship of Minors (A.M. No. 03-02-05-SC) 2. Rules on Custody of Minors and Writ of Habeas Corpus in Relation to Custody of Minors (A.M. 0. 03-04-04-SC) 3. Solo Parents’ Welfare Act of 2000 (R.A. No. 8972) 4. The Early Childhood Care and Development Act (R.A. 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 be covered under Labor Law Emancipation (Arts. 234 and 236, Family Code, as amended by R.A. No. 6809 which lowered the age of majority) Retroactivity of the Family Code (Art. 256) Exclude: Arts. 254-255, 257 (Family Code) Funerals (Arts. 305-310, Civil Code) Exclude: Care and Education of Children (Arts. 356-363, Civil Code) Use of Surnames Arts, 364-380, Civil Code (other articles not repealed by Family Code) Include: R.A. No. 9255 (An Act Allowing Illegitimate Children to Use the Surname of Their Father) Absence 1. Art. 41, Family Code 2. Art. 381-389, Civil Code 3. Art. 390-392, Civil Code (Presumption of Death) PART Ill - PROPERTY Characteristics Classification Ownership Page 3 of 92017 Bar Examinations Civil Law IV. Vv. Accession Quieting of Title to or Interest in and Removal or Prevention of Cloud over Title or Interest in Real Property VI. Co-ownership Vil. Possession Vill. Usufruct IX. Easements X. Nuisance XI. Modes of Acquiring Ownership Xil. Donations Prescription 1 Definition ll. Acquisitive and Extinctive Prescription lll. Instances when prescription is not allowed IV. Prescription or limitation of actions PART IV- OBLIGATIONS AND CONTRACTS Obligations L Definition, Elements Il. Sources of Obligation lll. 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 Page 4 of 92017 Bar Examinations Civil Law Vv. Extinguishment of Obligations Payment or Performance . Loss of the Thing Due Condonation or remission of debt . Confusion or merger of rights of creditor and debtor . Compensation . Novation OaARON= Contracts Vi. Vil. VIL. Ix. Essential Requisites Kinds of Contracts Objects, Cause and Form of Contracts Reformation of Instruments Interpretation of Contracts Rescissible Contracts Voidable Contracts Unenforceable Contracts Void and Inexistent Contracts Natural Obligations Estoppel PART V- SALES Nature and Form of Contract Capacity to Buy or Sell Effects of the Contract when the Thing Sold has been lost Obligations of the Vendor Obligations of the Vendee Page 5 of 92017 Bar Examinations Civil Law 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 (RA 6552) Vil. Extinguishment of Sale Vill. Assignment of Credits PART VI — LEASE |. General Provisions 1. Lease of Things 2. Lease of Work and Services Il Lease of Rural and Urban Lands Ill Rights and Obligations of Lessor and Lessee IV. Special Rules for Lease of Rural/Urban Lands Exclude: Household Service, Contract of Labor, Contract for Piece of Work (for inclusion in Labor Law) PART Vil — PARTNERSHIP |. Contract of Partnership Il. Rights and Obligations of Partnership lll. Rights and Obligations of Partners Among Themselves IV. Obligations of Partnership/ Partners to Third Persons V. Dissolution and Winding Up Vi. Limited Partnership PART Vill - AGENCY 1. Definition Page 6 of 92017 Bar Examinations Civil Law i IV. Vv. Vi. Nature, Form and Kinds of Agency Obligations of the Agent Obligations of the Principal Modes of Extinguishment PART IX — TRUST Definition Kinds of Trust 1. Express Trust 2. Implied Trust PART X — CREDIT TRANSACTIONS Loan Deposit Guaranty and Suretyship Pledge, Mortgage and Antichresis, Chattel Mortgage (include Act 1508) Quasi-Contracts Concurrence and Preference of Credits Include: Section 133 of Republic Act No. 10142 (An Act Providing for the Rehabilitation or Liquidation of Financially Distressed Enterprises and Individuals) PART XI — SUCCESSION General Provisions Testamentary Succession/Wills Legal or Intestate Succession Provisions Common to Testate and Intestate Succession Page 7 of 92017 Bar Examinations Civil Law Exclude: Executors and administrators (Articles 1058-1060, Civil Code), which will be covered under Remedial Law PART XII- LAND TITLES AND DEEDS Torrens System (General Principles) Ori inal Registration Subsequent Registration 1. Voluntary dealings 2. Involuntary dealings B. Non-registrable Properties C. Dealings with Unregistered Lands Exclude: History of land laws Remedies sufficiently covered under Remedial Law Registration of Judgments, orders and partitions . Assurance fund . Registration of patents . Administrative structure of the Register of Deeds . Consultas NOORONA PART Xill~ TORTS AND DAMAGES Book | — Torts/Quasi-Delicts Articles 2176-2194 (Civil Code) Defini in, Elements Classification of Torts 1. Negligent Torts 2. Intentional Torts 3. Strict Liability The Tortfeasor 1. Direct tortfeasor 2. Persons made responsible for others 3. Nature of liability Page 8 of 92017 Bar Examinations Civil Law IV. The Concepts and Doctrines of Res Ipsa Loquitur, Last Vi. Vil. Vill Clear Chance, Proximate Cause, Damnum Absque Injuria, Presumption of Negligence, Vicarious Liability. Legal Injury Book Il - Damages Articles 2195-2236 (Civil Code) General Provisions Actual and Compensatory Damages Moral Damages Nominal Damages Temperate or Moderate Damages Liquidated Damages Exemplary or Corrective Damages I. Damages in Case of Death 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 the Bar candidates are guided on the coverage of the 2017 Bar Examinations. All laws, rules and issuances 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 Fee Page 9 of 9