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 (Art. 19-22, Civil Code)

Exclude: Independent civil actions and prejudicial questions which will

be covered by the examination in Remedial Law

PART II PERSONS AND FAMILY RELATIONS

I. Persons and Personality (Civil Code)

II. 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. A.M. 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

III. Legal Separation (Family Code)

Exclude: A.M. No. 02-11-11-SC, or the Rule on Legal Separation

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 IV. 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

V. Property Relations of Spouses (Family Code)

Exclude: Summary Judicial Proceedings in Family Law Cases

VI. The Family (Family Code)

1. The family as an institution

2. The family home

VII. Paternity and Filiation (Family Code)

Exclude: A.M. No. 06-11-5-SC or the Rule on DNA Evidence

VIII. Adoption
A. Domestic Adoption Act of 1998 (RA 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4) Instances when adoption may be rescinded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
B. Exclude:
1) Rule on Adoption (AM No. 02-6-02-SC)
2) RA 9253, 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
C. Inter-country Adoption Act of 1995 (RA 8043)
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 1) When allowed
2) Who can adopt
3) Who can be adopted
D. 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 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 8972)
4. The Early Childhood Care and Development Act (RA 8980)
5. RA 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

XI. Emancipation (Arts. 234 and 236, Family Code, as amended by

R.A. 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)

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XIV. Use of Surnames

Arts. 364-380, Civil Code (other articles not repealed by the Family
Code)

Include: RA 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

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 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 Obligation
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 or creditor and debtor
5. Compensation
6. Novation

Contracts

I. Essential Requisities
II. Kinds of Contracts
III. Objects, Cause and For of Contracts
IV. Reformation of Instruments
V. Interpretation of Contracts
VI. Rescissible Contracts
VII. Voidable Contracts
VIII. Unenforceable Contracts

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 IX. Void and Inexistent Contracts

Natural Obligations

Estoppel

PART V SALES

I. Nature and form of contract

II. Capacity to buy or sell
III. Effects of the contract when the thing sold has been lost
IV. Obligations of the Vendor
V. Obligations of the Vendee
VI. Breach of Contract

Include:
1. Recto Law, Sale of movables on installments (Articles 1484-
1486, Civil Code)
2. Maceda Law, Sale of immovables on installments (RA 6552)

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

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 Exclude: Household Service, Contract of Labor, Contract for Piece 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
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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 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 Provisions)

II. Original Registration
III. Subsequent Registration
1. Voluntary dealings
2. Involuntary dealings

B. Non-registrable Properties

C. Dealings with Unregistered Lands

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 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)

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 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

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, 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

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