CIVIL LAW REVIEW I

COURSE SYLLABUS

PART ONE: PRELIMINARY TITLE (CIVIL CODE)

Chapter 1: Effect and Application of Laws (Articles 1-18)
Publication and effectivity of laws
Mandatory effects of laws
Mistake of law vs. mistake of fact
Non retroactivity of laws and exceptions
Mandatory and prohibitory laws
Termination of effectivity of laws: repeal, declaration of unconstitutionality
Judicial decisions
Customs
Computation of time
Principle of territoriality
Nationality principle
Conflicts Rules
Chapter 2: Human Relations (Articles 19-36)
Human relations provisions
Duty to act with justice, observe honesty and good faith
Breach of promise to marry
Unjust enrichment
Right to personal dignity and privacy
Liability of public officers
Damages despite acquittal in criminal cases
Independent Civil Actions and prejudicial questions

BOOK I: PERSONS (CIVIL CODE)

Title I. Civil Personality

Chapter 1- General Provisions
Juridical capacity v. capacity to act
Restrictions and modifications on capacity to act
Chapter 2- Natural Persons
When personality begins and ends
Rules on survivorship
Chapter 3- Juridical Persons
Who are juridical persons
when personality begins and ends
rights of juridical persons
Title II. Citizenship and Domicile
Domicile

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 CIVIL LAW REVIEW I
COURSE SYLLABUS

Rules on domicile

THE FAMILY CODE OF THE PHILIPPINES

The Family (Articles 149-151, FC)
Marriage
Requisites of marriage:
Essential requisites
Formal requisites
Non essential requisites
Marriages celebrated outside the Philippines
Foreign divorce
Void and voidable marriages
Necessity of court declarations
Declaration of Nullity v. Bigamy
Procedure and effects of termination of marriages
Legal Separation
Rights and Obligations between husband and wife
Property relations between husband and wife
ACP
CPG
CSP
JSP
Property regimes of unions without marriage
Family Relations
The Family Home (Articles 152-162, FC)
Paternity and Filiation (Articles 163-182, FC)
Adoption (Articles 183-193, FC)
Inter-Country Adoption Law (RA 8043)
Domestic Adoption Law (RA 8552)

Support (Articles 194-208, FC)

Parental Authority (Articles 209-233, FC)
Emancipation (Articles 234-237, FC)
Age of Majority (RA 6809)
Retroactivity of Family Code, exception, vested rights

Part III
Funerals (Articles 305-310, CC)
Surnames (Articles 364-380, CC)

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COURSE SYLLABUS

Absences (Articles 381-396, CC)

• See Article 41, 2nd paragraph, FCC
Civil Register (Articles 407-413, CC)
• See RA 9048
• See Rule 103 and 108, Rules of Court

BOOK II. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

Title I. Classification of Property (Articles 414-418, CC)
Title II. Ownership (Articles 427-483, CC)
Title III. Co-Ownership (Articles 484-501)
• See Articles 1620 and 1623, CC
Condominium Act (RA 4726)
Waters (PD 1067)

Title V. Possession
Title VI. Usufruct
Title VII. Easements or Servitudes

BOOK III. DIFFERENT MODES OF ACQUIRING OWNERSHIP

Modes of acquiring ownership

• Mode vs. title
• Original vs. derivative mode
Title I. Occupation
Title II. Intellectual Creation
Title III. Donation

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