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Description of Courses UST Faculty of Civil Law

Description of Courses
Note:
1. The course description below corresponds to the curriculum offered starting SY 2005-2006. 2. Unless indicated, all courses include recitations and lectures. 3. The number shown after the course represents its unit of credit. The number of units is also the number of hours the course is to be taken per week.

FIRST YEAR (First semester 16 units) Persons and Family Relations (5). A basic course on the law of Persons and Family Relations (Chapter 1 and Chapters 1-3, Book I of R.A. 386; E.O. 209 as amended by E.0. 227, R.A. 6809). This course studies the effect and application of laws and the law on human relations and then proceeds to examine the legal norms affecting civil personality, marriage, property relations between husband and wife, legal separation, the different property regimes, family, paternity and filiation, adoption, guardianship, support, parental authority, surname, funeral, absence and emancipation of minors, including the rules of procedure relative to the foregoing. Also included are the different statutes and rules on adoption. Political Law (4). A study of the basic principles governing the structure, set-up and hierarchy of the Philippine Government. It includes the study of the 1987 Philippine Constitution, the different branches, departments and political units of the government, the constitutional commissions, the qualifications, restrictions, prohibitions and accountability of public servants and the amendatory process. It also covers the inherent and residual powers of the government and examines the fundamental legal contracts among the citizens including the means of altering the same. Criminal Law I (3). A detailed examination of the characteristics of criminal law, the nature of felonies, stages of execution, circumstances affecting criminal liability, persons criminally liable; the extent and extinction of criminal liability as well as the civil liability of the offender, the extinction and survival of civil liability, the nature and theories of penalties in criminal law, classes, habitual delinquency, juvenile delinquency, the Indeterminate Sentence Law, the Probation Law and laws relating to the effects of pardon and parole. The course covers Book I (Articles 1-113) of the Revised Penal Code and other related special penal laws. Statutory Construction (2). A course that examines the use and force of statutes as well as the principles and methods of their application, construction and interpretation. Law and Values (1). The practice of law must not be seen as a mere commercial enterprise. It is a
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Description of Courses UST Faculty of Civil Law

ministry, a calling from God to every person whom He has gifted with expertise in law to promote peace and justice among His people. It is a 1-unit course that (a) examines the lawyers noble function in society, whether as a private practitioner, as a crafter or implementer of laws and rules, as a prosecutor of criminal offenders, or as a judge; (b) deals with the right of every person to life, to truth, to freedom and justice, consistent with his or her dignity as a human being and as a child of God, made after His image; and (c) introduces the students to a general overview of the ethical and moral values to which every lawyer needs to commit his/her life and talents, specifically in the service of God and His people. This course seeks to help students realize their lifes goals and roles which would eventually lead them to be the Christian Thomasian lawyers that the University of Santo Tomas envisions them to be lawyers dedicated to God, community service and nation-building. Legal Research (1). An analytical study into the methodology of legal research; the preparation of legal opinions, memoranda, both expository or critical, and the drafting of forensic pleadings on any subject required by the professor. FIRST YEAR (Second semester 16 units) Obligations and Contracts (5). An in-depth study of the nature, kinds, effects and extinguishment of obligations. It also cover contracts in general, their requisites, forms and interpretation; the defective contracts, including quasi-contracts and natural obligations; and the principle of laches and estoppel. (Book IV of the New Civil Code R.A. 386 as amended) Criminal Law II (3). A comprehensive analysis and appraisal of specific felonies enumerated in Book II of the Revised Penal Code, with amendments and related special penal laws, including their nature, elements and corresponding penalties. Constitutional Law (3). A comprehensive study of the 1987 Constitution focusing on the constitutional provisions relating to the Bill of Rights, the Economic and Social Rights, Citizenship, the right of suffrage and the jurisprudence interpreting and applying these rights. Labor Standards (2). This course analyzes the legal guarantees provided by the Labor Code of the Philippines on the minimum standards of employment, working conditions, employment benefits and manpower development for workers and all other laws and jurisprudence related thereto such as the Migrant Workers and Overseas Filipino Act (R.A. 8042); Book II on Human Resources Development, and The TESDA Law (R.A. 7796) and the Magna Carta for Disabled Persons (R.A. 7277); Book III on Conditions of Employment, including the special laws on 13th month pay, paternity leave, protection and welfare of women workers, sexual harrasment, and child abuse; and Book IV on Health, Safety and Social Welfare Benefits. Legal Writing (2). A study of the principles, structures and techniques of legal writing. It involves applied legal bibliography, case digesting and analysis, legal citation, legal reasoning and preparation of legal
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Description of Courses UST Faculty of Civil Law

opinions or memoranda. Roman Law and Philosophy of Law (1). The first part deals with the study of the evolution, concepts, theories and principles of Roman Law from the earliest period to the completion of the Corpus Juris Civilis and the Institutes of Justinian. The second or philosophical part deals with the study of the main currents of jurisprudential thought; the material and ideal view of the nature of the law; the significance of the law as a means of social control and social change and the problems and perspective, together with the nature of the solutions advanced, affecting the social structure. SECOND YEAR (First semester 18 units) Property (4). A study of the different kinds of property, the nature of ownership and its modifications, coownership, possession, usufruct, easements or servitudes, nuisance, and the different modes of acquiring and losing ownership. Also included in this study are laws pertaining to water and clean air. Negotiable Instruments (3). A study of the statutory provisions and jurisprudence governing negotiable instruments under the Negotiable Instruments Law or Act No. 2031, as well as other commercial papers, including investment papers and money market instruments, checks and other instruments under the Warehouse Receipts Law and General Bonded Warehouse Act. Labor Relations (3). A survey of the laws implementing the rights to self-organization and collective bargaining, including laws on unfair labor practices, trade unions, grievance machinery and voluntary arbitration, strikes, pickets and lock-outs; Book VI on Post-Employment, covering areas such as classes of employees, termination of employment and retirement; Book VII on penal provisions of the Labor Code and prescription of actions and claims. Land Titles and Deeds (2). This course deals with the study of the system and methods of registration of titles, deeds and other instruments (voluntary/involuntary) and transactions involving lands under the Property Registration Decree as well as the laws and jurisprudence on the Public Land Act, the Subdivision and Condominium laws, the HLURB laws and other related statutes. Sales (2). An in-depth consideration of the provisions of the Civil Code on the contract of sales, its nature and form, the obligations of the buyer and the seller, the concept of warranties, remedies, breach of contract, and conventional and legal redemption. The course includes the Statute of Frauds, assignment of credits and corporeal rights, the Bulk Sales Law, the Maceda Law, Recto Law, the Retail Trade Liberalization Act of 2000 and relevant provisions of the Anti-Dummy Act and the E-Commerce Acts. Public Corporations (2). This is a study of the general principles governing the creation, organization, merger, dissolution, operations, powers, functions, responsibilities and liabilities of municipal corporations; the study includes the accountability of local elective and appointive officials, particularly the provisions of the Local Government Code of 1991 and its amendments, as well as applicable jurisprudence.
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Description of Courses UST Faculty of Civil Law

Criminal Procedure (2). A study of the jurisdiction of courts and the rules governing the conduct and procedure regarding criminal cases, particularly the prosecution of criminal offenses, the filing of criminal complaints, the arrest of a suspect, the searches and seizures of properties, the rights of the accused, the review and remedies available in case of adverse judgment and the effects of convictions. In particular, it covers the study of the 2000 Rules on Criminal Procedure, including related Supreme Court Circulars, and the judicial interpretation thereof. SECOND YEAR (Second semester 19 units) Civil Procedure & Provisional Remedies (CPR) (5). An in-depth study of the basic principles of jurisdiction and the procedure to be observed in the conduct of civil cases. It also includes a study of the jurisdiction of various courts of different levels and administrative or quasi-judicial agencies. The course is centered on the study of Rule 1to 52 of the 1997 Rules of Civil Procedure and its amendatory circulars and resolutions including the judicial interpretation and application of the rules. Credit Transactions (3). A study of the legal provisions in the New Civil Code and other special laws, including decided cases, governing security transactions such as loans and deposits, mortgages (chattel and real estate), pledge, antichresis and guaranty. Related topics cover bankruptcy proceedings, concurrence and preference of credits and other relevant decisions on Corporate Rehabilitation, the Insolvency Law and the Warehouse Receipts Law. Election, Public Officers and Administrative Law (EPA) (3). This course deals with the study of the Omnibus Election Code and related election laws, particularly principles governing the electoral process and the right of suffrage which includes the election, qualification and disqualification of candidates, formation and recognition of political parties, pre-proclamation controversies, election protests, voters challenges and rights, party-list system, and absentee voting. The study also deals with the development and application of principles and doctrines governing administrative agencies and their rule-making, quasijudicial and adjudicative functions with focus on administrative remedies and judicial review as well as the laws governing public officers including the civil service, the merit system and the right to redress grievances. Principal statutes involved are the 1987 Administrative Code and its amendments and the Civil Service Laws, Rules and related jurisprudence. Transportation Laws (2). This course deals with the general principles and basic regulations governing common carriers (land, sea and air) under the New Civil Code, the maritime transactions under the Code of Commerce and other special laws related to common carriers like the Carriage of Goods by Sea Act, the Warsaw Convention and its amendments, the Ship Mortgage Decree of 1978 (Presidential Decree No. 1521), the Shipping Act of 2000, the Salvage Law, relevant international covenants on transportation such as the Hamburg Rules, the Hague-Visby Rules and the York Antwerp Rules, and the provisions of the Traffic Laws and Tariff and Customs Code, as well as other public service laws.

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Description of Courses UST Faculty of Civil Law

Partnerships, Agency & Trusts (2). This study deals with the laws of Partnership as a form of business organization as distinguished from the corporate form; this subject includes the nature and principles of Agency and Trusts under the New Civil Code and its judicial interpretation. Insurance Law (2). A comprehensive analysis of the Insurance Code and other related laws, including the concept and the nature of the insurance contract, insurable interest, special forms of insurance and government regulations of the insurance business. Special Penal Laws (1). This course deals with the study and analysis of the various laws and court decisions pertaining to the Comprehensive Drugs Act, as amended, the Heinous Crimes, Firearms Law, Money Laundering, the Law on Women and Child Abuse, the law on violations of custodial rights and other human rights, Bouncing Checks Law, the Anti-Graft and Corrupt Practices Act, the Law on Plunder, Sexual Harassment Act, Juvenile Welfare Act of 2006, Anti-Wire Tapping Law, the Anti-Fencing Law, Obstruction of Justice Law, the Law Prohibiting the Imposition of Death Penalty, and all other special penal laws on crimes not covered or defined in Book II of the Revised Penal Code. Legal Medicine (1). The course is a specialized area of medical practice concerned with the relationship between medicine and the law. More specifically, legal medicine is the scientific use of medical and paramedical specialties, as well as various dental, psychological, biological, chemical, and mechanical techniques, in investigating the causes of a persons death, disability, injury, or disease. In this course, the students will be introduced to real or object evidence in remedial law. The knowledge in legal medicine will then be correlated with the Revised Penal Code, the New Civil Code, the rules of Court and other related laws regarding investigation of death, rape, child abuse, physical injuries and others. THIRD YEAR (First semester 21 units) Wills and Succession (4). A detailed evaluation of the law on testate and intestate succession, including wills, institution of heirs, computation of legitimes of compulsory heirs, disinheritance, partition and distribution of the estate and the substantive procedure on the settlement and administration of the estate of deceased persons under Book III of the New Civil Code. Evidence (4). This course is a study of the various kinds of evidence and the rules of presentation, admissibility, weight and sufficiency of evidence, including burden of proof and presumptions. The basic law is the 1988 Rules on Evidence and related circulars, together with relevant jurisprudence; the study includes the Rules on Electronic Evidence and related provisions of the E-Commerce law. Taxation Law I (3). A course dealing with the general principles of the states power of taxation, organization, functions and powers of the Bureau of Internal Revenue, and the statutory provisions on income taxation under the NIRC and its amendments, including pertinent revenue regulations and applicable jurisprudence.
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Description of Courses UST Faculty of Civil Law

Legal & Judicial Ethics (3). A course that focuses on the qualifications of lawyers as dispensers of justice, their admission to the practice of law, their duties, responsibilities and obligations to the court, to society, the public, to the bar and to their clients. It specifically encompasses a study of the New Code of Judicial Conduct for the Philippine Judiciary, the Code of Conduct for Court Personnel, the Rules of Court, the New Notarial Practice Rule, the Code of Professional Responsibility and the numerous jurisprudence, judicial pronouncements, circulars and issuances of the Supreme Court and the Integrated Bar of the Philippines. It also includes generally accepted principles of international law on the obligations, duties, responsibilities and protection of lawyers. Public International Law & Human Rights (2). An overview of the legal principles governing international politics and international relations based, among others, on the United Nations (UN) Charter, treaties, agreements, principles of relations among nations and the jurisdiction and decisions of international tribunals, such as the ICJ, the War Crimes Tribunals, Terrorism Tribunals and special international tribunals set up to try violations of international law and principles. The human rights aspect is concerned with the protection of the rights of a human being under the Philippine Constitution, as well as under different international conventions, designed to uplift human dignity and concern for life, particularly the UN Conventions on Human Rights and Humanitarian Laws, human trafficking, adoption, genocide, ethnic cleansing, racial discrimination, and the rights of combatants and civilians in times of armed conflict. Special Commercial Laws (SPCL) (3). This covers the study of P.D. 115 on Trust Receipts, the New Central Bank Act, General Banking Act, Secrecy of Bank Deposits, Money Laundering Law, Financing Company Act, Chattel Mortgage Law, Real Estate Mortgage Law, Insolvency Law and Truth in Lending Act and Retail Trade Liberalization Act. Alternative Dispute Resolutions (ADR) (2). This course deals with the study of the law, principles and jurisprudence on various out-of-court settlement of disputes such as compromise, mediation, conciliation and arbitration specially the provisions of RA 876 and RA No. 9285, as well as the various international covenants on peaceful settlement of disputes whether under the auspices of the UN Convention or those set up under international organizations. It also includes the mediation process prescribed under Supreme Court Circulars. THIRD YEAR (Second semester 20 units) Corporation Law and Securities (5). A study of the fundamental principles on the formation, powers and dissolution of private corporations including their rights and responsibilities under the Constitution, the Corporation Code and the Securities Regulation Code. It also covers the study of the jurisdiction of the Securities and Exchange Commission (SEC) and the Regional Trial Courts (RTC) on corporate matters as well as the various Supreme Courts rules on intra-corporate disputes and corporate rehabilitation.

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Description of Courses UST Faculty of Civil Law

Taxation Law 2 & Customs Laws (3). A study of the concepts and general principles of transfer (estate and donors), specific, value added, percentage, amusement, and miscellaneous taxes provided in the National Internal Revenue Code including the general principles on tariff and customs duties under the Tariff and Customs Code, as amended, as well as the system and principles on local and real property taxation embodied in the Local Government Code. This course also includes the analysis of various tax remedies particularly the system of assessment and collection of taxes and duties and includes the study of the jurisdiction of the court of Tax Appeals. Special Proceedings (3). A study of the rules and jurisprudence on settlement of estate, probate proceedings, letters testamentary and administration, encumbrances of property of decedents and escheats. It also includes the provisions on Special Civil Actions found in Rules 62-71, the Writ of Amparo, the Writ of Habeas Data, and other related Supreme Court Circulars and jurisprudence on the rules. Intellectual Property Laws (IPL) (2). This course deals with the study of the laws on intellectual property rights, ownership, exploitation and infringement of trademarks, copyrights and patents, the protection thereof, the remedies in case of patent violations and other related emerging technologies, e.g. (internet and domain names). It also includes the study of Technology Transfer Arrangements and the compulsory and voluntary licensing thereof. The principal law analyzed is RA No. 8293 as amended by RA No. 9150. Torts and Damages (2). An analysis of the law and jurisprudence on quasi-delicts including the nature, classes and extent of damages under the provisions of the New Civil Code. Conflict of Laws (2). This course is otherwise known as Private International Law. It deals with legal transactions or relationships involving foreign elements with emphasis on the choice of law methods, including problems in jurisdiction, recognition and enforcement of foreign judgments. Trial Technique (2). This is a practical instruction in the preparation of cases and trial briefs before the actual trial of cases, both civil and criminal. It includes practical suggestions on effective methods on the gathering of relevant facts, the formulation of the theory of the case, search for legal authorities, drafting of pleadings, interview and examination of the witnesses in the course of the trial, with particular emphasis on Section 1 and 19, Rule 132 of the Rules of Court. The students conduct mock trials to put to practice the technique they have learned. Social Legislation and Agrarian Laws (1). A study of the various laws and jurisprudence on the land reform program of the government, particularly laws on Agricultural Leasehold Tenancy, Presidential Decree No. 27, the Comprehensive Agrarian Reform Program of 1987 and its amendatory laws, including related legislations, as well as its implementing rules; the study also dissects State Insurance Fund, Social Security Act, the Government Service Insurance System Act, PAG-IBIG, and PhilHealth Laws, Maternity and Paternity benefits laws and the Portability Law. FOURTH YEAR
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Description of Courses UST Faculty of Civil Law

(First semester 23 units) Civil Law Review 1 (5). A general integration of the principles in civil law covering the effect and application of laws, the law on human relations, persons and family relations, property, ownership and its modifications, the different modes of acquiring ownership, including wills and succession. Mercantile Law Review 1 (4). A comprehensive survey and review of the laws and jurisprudence on: Private Corporations; P.D. 902-A, as amended; Revised Securities Regulation Code; Omnibus Investments Code; Negotiable Instruments Law; Trust Receipts and Letters of Credit; Secrecy of Bank Deposits Law; Warehouse Receipts Act; Bulk Sales Law; Anti-Dummy Law and Flag Law; Retail Trade Law; New Central Bank Act and General Banking Act, Chattel Mortgage Law, and Truth in Lending Act. Remedial Law Review I (4). A comprehensive review of the consolidated subjects of Criminal Procedure and Civil Procedure. Tax Law Review (3). A comprehensive survey and review of the general principles of taxation including NIRC provisions on the organization, functions and powers of the Bureau of Internal Revenue, income taxation, transfer taxes, VAT, as well as local and real property taxation as embodied in the Local Government Code and the general principles on tariff and customs duties and tax remedies under the various tax laws. Labor Law Review (3). A general review of all laws, principles and jurisprudence on the three subjects of labor standards, labor relations and social legislations Practice Court 1 (2). A moot court (mock trial) training in the art of effective oral advocacy which exposes the students to the practical aspects of the law, particularly in the trial, prosecution and defense of cases before trial courts. This course compels students, acting as lawyers, to orally argue their cases immediately after the evidence is closed. This phase of the course is important because it cultivates in the student the habit of jotting down or remembering the essential facts and relevant issues; the course trains him in the art of arguing cases off-hand on the basis of the evidence presented. Legal Forms and Practical Exercises (2). A course which trains students in the drafting of various legal documents and deeds as well as judicial pleadings and legal briefs. It also includes the practical application of the principles, and guidelines, of the Notarial Practice Rules. FOURTH YEAR (Second semester 22 units) Civil Law Review 2 (5). A general integration of the principles in civil law relating to obligations and contracts, credit transactions, quasi-contracts, quasi-delicts, damages and special contracts like sales, lease and partnership, agency and trusts. Political Law Review (5). A thorough review of the philosophical, legal and jurisprudential analysis of the
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Description of Courses UST Faculty of Civil Law

political laws of the Philippines such as the Constitution of the Philippines, the Administrative Law, Law on Public Officers, Election Laws, Law on Public Corporations, the Local Government Code and Public International Law and Human Rights. Criminal Law Review (4). A general review of the Revised Penal Code with its latest amendments and the interpretative decisions of the Supreme Court as well as the other relevant penal statutes. Mercantile Law Review 2 (4). A comprehensive survey and review of the Code of Commerce and the laws and jurisprudence on Insurance Code of the Philippines; Common Carriers Law (New Civil Code); Maritime Law and Admiralty; Ship Mortgage Decree of 1978; Carriage of Goods by Sea Act; Warsaw Convention and other international covenants on transportation, Salvage Law; Chattel Mortgage Law; Insolvency Law; and the Intellectual Property Code. Remedial Law Review II (4). An in-depth study of the consolidated subjects of Special Proceedings, Special Civil Actions, Provisional Remedies and Evidence.

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