Civil Law Codal Summary

Legal personality, capacity to act

 Articles 37 – 39
 Article 40, as amended by (superseded by) Section 5 of P.D. No. 603
 Articles 41 & 42
 Article 44
 1st sentence of 2nd par. of Article 1489
 Article 1775

Marital Relationships
 Marriage (Family Code)
o Requisites
 Articles 1-3
 Article 4
 Article 35 (2)
 Article 5
 Articles 37 & 38
 Article 6
 Article 27 (Definition of marriage in articulo mortis)
 Article 7
 Article 31
 Article 32
 Article 10
 Article 8
 Article 9
 Articles 27-34
 Article 21
o Marriages celebrated abroad
 Article 26
o Foreign divorce
 See Article 26
o Void marriages
 Articles 35
 Article 52-53
 Articles 36-44
o Voidable marriages
 Articles 45-47
 Articles 48-49
 Article 54
o Unmarried cohabitation
 See Article 34
 See Articles 147 & 148
 Legal Separation
o Grounds
 Article 55
o Defenses
 Article 56
o Procedure
 Articles 57-60
o Effects of filing petition
 Article 61
o Effects of pendency
 Article 62
 See Article 49
o Effects of decree of legal separation
 Articles 63-64
o Reconciliation
 Articles 65-67
o Effect of death of one of the parties
 An action for legal separation which involves nothing more than the bed-
and-board separation of the spouses (there being no absolute divorce in
this jurisdiction) is purely personal. Being personal in character, it follows
that the death of one party to the action causes the death of the action
itself. (Sy v. Eufemio, G.R. No. L-30977, 1972)
 Rights and Obligations Between Husband and Wife
o Articles 68-73
 Property Relations of Spouses
 Article 74
o Marriage settlements
 Articles 75-81
o Donations by reason of marriage
 Articles 82-86
o Void donations by the spouses
 Article 87
o Absolute community of property
 Articles 88-89
 Articles 91-93
 Articles 94-95
 Articles 96-98
 Articles 99-101
 Articles 102-104
o Conjugal partnership of gains
 Articles 105-107
 Articles 109-115
 Articles 116-120
  Charges upon and Obligations of the Conjugal Partnership
 (For Article 121) See Article 94, except
o No. 9 in Article 94 is not included.
o If the conjugal partnership is insufficient to cover the
foregoing liabilities, the spouses shall be solidarily liable
for the unpaid balance with their separate properties.
 Article 122
 (For Article 123) See Article 95
 Administration of the Conjugal Partnership Property
 (For Article 124) See Article 96
 (For Article 125) See Article 98
 Note: Article 97 has no equivalent provision in CPG
 Dissolution of Conjugal Partnership Regime
 (For Articles 126-128) See Articles 99-101
 Liquidation of the Conjugal Partnership Assets and Liabilities
 Article 129
 (For Articles 130-131) See Article 103-104
 Article 133
o Regime of separation of property
 Articles 143-146
o Judicial separation of property
 Articles 134-135
 Articles 141
o Property regime of unions without marriage
 Articles 147-148
 The Family
o Concept of family
 Articles 149-150
o Effects of legal disputes
 Article 151
o Family home
 Articles 152-162

Property

 Concept of Property
o Articles 415-417
o Articles 419-425
 Ownership
o Bundle of rights
 Articles 427-437
 Actions to recover ownership and possession of real property and its
distinctions
  Actions for recovery of possession of movable property
o Distinction between real and personal rights
o Modes of acquiring ownership
 Article 712
o Limitations of ownership
 Co-ownership
 Articles 484-501
o Characteristics of co-ownership
o Sources of co-ownership
o Rights of co-owners
o Termination of co-ownership
 Right of Accession
o Right to hidden treasure
 Articles 438-439
o Rules of accession
 Articles 440-444
 For immovables
 Articles 445-447
 Article 448
o Articles 546 & 548
 Articles 449-465
 For movables
 Articles 466-475
 Easement
o Characteristics
 Articles 613-619
o Classification
 Legal Easements
 Easement relating to waters
o (For Article 637) Article 50 of PD 1067
o Article 638, as amended by Article 51 of PD 1067
o Articles 639-648
 Easement of right of way
o Article 649-657
 Easement of party walls
o Articles 658-666
 Easement of light and view
o Articles 667-673
 Drainage of buildings
o Articles 674-676
 Intermediate Distances and Works for Certain Constructions and
Plantings
o Articles 677-681
  Easement Against Nuisance
o Articles 682-683
 Lateral and Subjacent Support
o Articles 684-687
 Voluntary Easements
 Articles 688-693
o Modes of acquiring easement
 Articles 620-626
o Rights and obligations of the owners of the dominant and servient estates
 Articles 627-630
o Modes of extinguishment
 Articles 631-633
 Nuisance
 Articles 694-707
 Article 1143
o Nuisance per se
o Nuisance per accidens
o Liabilities
o No prescription
o Criminal prosecution
o Judgment with abatement
o Extrajudicial abatement
o Special injury to individual
o Right of individual to abate public nuisance
o Right to damages
o Defenses to action
o Who may sue on private nuisance

Obligations

 Articles 1156-1304
o Note: Follow the topics under the old syllabus

Contracts
 In General
o Articles 1305-1355
 Loans/Interest
o Articles 1933-1961
o Article 1956
 Mortgage
o Articles 2085-2092
 Article 2052
o Articles 2124-2131
Torts/Quasi Delict
 Principles
o Abuse of rights; elements
 Article 19
o Unjust enrichment
 Articles 22-23
o Liability without fault

o Acts contrary to law
 Article 20
o Acts contrary to morals
 Article 21
 Classification of Torts
o According to manner of commission
o According to scope
 The Tortfeasor
o Direct tortfeasor
 Article 2176
 Natural persons
 Juridical persons
o Persons made responsible for others
 Article 2180
 Articles 218, 219, and 221 of the Family Code
 Articles 234 and 236 of the Family Code, as amended by RA 6809
 Article 234 - Emancipation takes place by the attainment of
majority. Unless otherwise provided, majority commences at the
age of eighteen years.
 Article 236 - Nothing in this Code shall be construed to derogate
from the duty or responsibility of parents and guardians for
children and wards below twenty-one years of age mentioned in
the second and third paragraphs of Article 2180 of the Civil Code.
o Joint tortfeasors
 Article 2194
 Proximate Cause
o Concept
o Cause in fact
o Efficient intervening cause
o Cause as distinguished from condition
o Last clear chance
 Legal Injury
o Concept
o Elements of right
 o Violation of right or legal injury
o Classes of injury
 Intentional Torts
o General
 Concept
 Classes
o Interference with rights to persons and property
o Interference with relations
 Negligence
o Concept
o Good father of a family or reasonably prudent person
o Standard of care; emergency rule
o Unreasonable risk of harm
o Evidence
o Presumption of negligence
o Defenses
 Special Liability in Particular Activities
o In general; concepts
o Products liability; manufacturers or processors
o Nuisance
o Violation of constitutional rights; violation of civil liberties
o Violation of rights committed by public officers
o Provinces, cities, and municipalities
o Owner of motor vehicle
o Proprietor of building or structure or thing
o Head of family
o Violations of data privacy
 Strict Liability
o Animals; possessor and user of an animal
o Nuisance
o Products liability; Consumer Act

For the rest on Torts:

 Articles 26-28
 Articles 32-34
o For Article 32, do not anymore include the enumerated rights violated
 Articles 2176-2194 which have not yet been included in previous topics

Damages
 General Considerations
o Classification
o Kinds of Damages
  Actual or Compensatory
 Articles 2199-2215
 Moral
 Article 2216
 Articles 2217-2220
 Nominal
 Articles 2221-2223
 Temperate
 Articles 2224-2225
 Liquidated
 Articles 2226-2228
 Exemplary
 Articles 2229-2235
o When damages may be recovered
 Damages in case of death
 Graduation of damages
o Duty of injured party
o Rules
 See Articles 2177, 2214, 2215, 2227, and 2034
 In crimes
 In quasi-delicts
 In contracts and quasi-contracts
 Liquidated damages
 Compromise