Académique Documents
Professionnel Documents
Culture Documents
COURSE DESCRIPTION
(as provided by the Legal Education Board)
A general course given to freshmen, providing for an overview of the various aspects of
the concept of law, with emphasis on the relationship between law, jurisprudence, equity,
courts, society, and public policy, presented through selected provisions of law, cases, and other
materials depicting settled principles and current developments, both local and international,
including a review of the evolution of the Philippine legal system.
COURSE SYLLABUS
I.
Introductory
A. Law
1. What is law?
The Path of the Law, Oliver Wendell Holmes, Jr., 10 Harvard Law
Review 457 (1897)
Civil Code of the Philippines: Commentaries and Jurisprudence,
Volume I by Arturo M. Tolentino, Philippine Civil Law: Introduction
An Introduction to Philippine Law, 7th Edition by Melquiades J.
Gamboa, Chapter IV: Law, the Individual and Society
Main Opinion of Justice Lucero and Separate Concurring Opinion of
Justice Rodriguez in Lapitan v. PCSO, 60 O.G. 6841
Legal Education in the Philippines: Confronting the Issues of Relevance and
Responsiveness, Theodore O. Te, 63 PLJ Second Quarter, available at
http://plj.upd.edu.ph/legal-education-in-the-philippines-confrontingthe-issues-of-relevance-and-responsiveness/ (last accessed August
2016)
2. Effect and Application of Laws
Chapter I, Preliminary Title, New Civil Code, Effect and Application of
Laws
When Laws Take Effect
Taada v. Tuvera, 136 SCRA 27 (1985)
Taada v. Tuvera, 146 SCRA 446 (1986)
Askay v. Cosalan, 46 Phil. 179 (1924)
Balbuna v. Secretary of Education, 110 Phil. 150 (1960)
There is only one power, conscience, in the service of justice; and there is only one glory, genius, in the service of truth. Victor Hugo
There is only one power, conscience, in the service of justice; and there is only one glory, genius, in the service of truth. Victor Hugo
5. Sources of Law
An Introduction to Philippine Law, 7th Edition by Melquiades J.
Gamboa, Chapter II: The Sources of Law
B. Lawyers
1. Who are lawyers?
Rule 138, Rules of Court, Attorneys and Admission to the Bar
Rule 138-A, Rules of Court Law Student Practice Rule
Ulep v. Legal Clinic, Inc., 223 SCRA 378 (1993)
Philippine Lawyer's Association v. Agrava, etc., 105 Phil. 173 (1959)
Cojuangco, Jr. v. Palma, 438 SCRA 306 (2004)
2. The Bar
In Re: Integration of the Bar of the Philippines, 49 SCRA 22 (1973)
In Re: Vicente Raul Almacen, 31 SCRA 562 (1954)
In Re: Albino Cunanan, 94 Phil. 534 (1954)
3. The Practice of Law
Cayetano v. Monsod, 201 SCRA 210 (1991)
Ulep v. Legal Clinic, Inc., 223 SCRA 378 (1993)
Cojuangco, Jr. v. Palma, 438 SCRA 306 (2004)
In Re: Letter of the UP Law Faculty Entitled "Restoring Integrity: A
Statement by the Faculty of the UP College of Law on the Allegations of
Plagiarism and Misrepresentation in the Supreme Court, 644 SCRA 543
(2011)
R.A. No. 9999, The Free Legal Assistance Act of 2010
C. Lawyering
1. The Legal Method
The Disappearance of the Legal Method, Richard B. Cappalli, 70 Temp. L.
Rev. 393-445 (1997)
2. Argumentation and Logic
The Architecture of Argument, James C. Raymond, The PHILJA Judicial
Journal, Vol. 4, Issue 14, October-December 2002, available at
http://philja.judiciary.gov.ph/assets/files/pdf/journal/vol4issue14.pdf
(last accessed August 2016)
Legal Logic, Ranhilo C. Aquino, The PHILJA Judicial Journal, Vol. 4,
Issue 14, October-December 2002, available at
http://philja.judiciary.gov.ph/assets/files/pdf/journal/vol4issue14.pdf
(last accessed August 2016)
3. Analyzing Decisions
The Four Cs of Effective Decision-Writing: An Introduction for NewlyAppointed Justices, Artemio V. Panganiban, The PHILJA Judicial
Journal, Vol. 4, Issue 14, October-December 2002, available at
http://philja.judiciary.gov.ph/assets/files/pdf/journal/vol4issue14.pdf
(last accessed August 2016)
There is only one power, conscience, in the service of justice; and there is only one glory, genius, in the service of truth. Victor Hugo
There is only one power, conscience, in the service of justice; and there is only one glory, genius, in the service of truth. Victor Hugo
There is only one power, conscience, in the service of justice; and there is only one glory, genius, in the service of truth. Victor Hugo
IV.
The Constitution
A. What is a Constitution?
Separate Concurring and Dissenting Opinion of Justices Johns,
Villamor, and Ostrand in Lopez v. De los Reyes, 55 Phil. 170 (1930)
B. Interpretation of the Constitution
1. Generally
Nitafan v. Commissioner of Internal Revenue, 152 SCRA 284 (1987)
Filoteo, Jr. v. Sandiganbayan, 263 SCRA 222 (1996)
2. Who interprets the Constitution?
Lopez v. Roxas, et al., 17 SCRA 756 (1966)
Angara v. Electoral Commission, 63 Phil. 139 (1936)
3. Construction Limitations
Angara v. Electoral Commission, 63 Phil. 139 (1936)
Endencia v. David, 93 Phil. 696 (1953)
4. Language
J.M. Tuason & Co., Inc. v. Land Tenure Administration, 31 SCRA 413
(1970)
Civil Liberties Union v. Executive Secretary, 194 SCRA 317 (1991)
La Bugal-BLaan Tribal Association, Inc. v. Ramos, 421 SCRA 148 (2004)
La Bugal-BLaan Tribal Association, Inc. v. Ramos, 445 SCRA 1 (2004)
Perfecto v. Meer, 85 Phil. 552 (1950)
5. Rules of Construction
Sarmiento v. Mison, 156 SCRA 549 (1987)
Integrated Bar of the Philippines v. Zamora, 338 SCRA 81 (2000)
Marcelino v. Cruz, 121 SCRA 51 (1983)
Co v. Electoral Tribunal, 199 SCRA 692 (1991)
6. Aids in Interpretation
Legaspi v. Minister of Finance, 115 SCRA 418 (1982)
Montejo v. COMELEC, 242 SCRA 415 (1995)
La Bugal-BLaan Tribal Association, Inc. v. Ramos, 421 SCRA 148 (2004)
La Bugal-BLaan Tribal Association, Inc. v. Ramos, 445 SCRA 1 (2004)
7. Self-Executing Provisions
Taada v. Angara, 272 SCRA 18 (1997)
Manila Prince Hotel v. GSIS, 267 SCRA 408 (1997)
Oposa v. Factoran, 224 SCRA 792 (1993)
V.
Judicial Review
A. What is Judicial Power?
1987 Philippine Constitution, Article VIII, The Judicial Department
Marbury v. Madison, 5 US 137 (1803)
Lopez v. Roxas, et al., 17 SCRA 756 (1966)
Belgica v. Ochoa, Jr., 710 SCRA 1 (2013)
There is only one power, conscience, in the service of justice; and there is only one glory, genius, in the service of truth. Victor Hugo
B. Judicial Supremacy
Araullo v. Aquino, G.R. No. 209287 (July 1, 2014)
Angara v. Electoral Commission, 63 Phil. 139 (1936)
Mutuc v. Commission on Elections, 36 SCRA 228 (1970)
Manila Prince Hotel v. Government Service Insurance System, 267 SCRA
408 (1997)
C. Requisites
Francisco, Jr. v. Nagmamalasakit na mga Manananggol ng mga
Manggagawang Pilipino, Inc., 415 SCRA 44 (2003)
Montesclaros v. Commission on Elections, 384 SCRA 269 (2002)
D. Political Question
Taada and Macapagal v. Cuenco, et al., 103 Phil. 1051, February 28, 1957
Sanidad v. Commission on Elections, 73 SCRA 333 (1976)
E. Effects of Unconstitutionality
1. Generally
Chapter I, Preliminary Title, New Civil Code, Effect and Application of
Laws
Republic v. Court of Appeals, 227 SCRA 509 (1993)
Film Development Council of the Philippines v. Colon Heritage Realty
Corporation, G.R. No. 203754 (June 16, 2015)
2. Operative Fact Doctrine
De Agbayani v. Philippine National Bank, 38 SCRA 429 (1971)
Hacienda Luisita, Incorporated v. Presidential Agrarian Reform Council,
660 SCRA 525 (2011)
Araullo v. Aquino, G.R. No. 209287 (July 1, 2014)
F. Rules of Avoidance / Judicial Restraint
Separate Concurring Opinion of Justice Brandeis in Ashwander v.
Tennessee Valley Authority, 297 U.S. 288 (1936)
Central Bank Employees Association, Inc. v. Bangko Sentral ng Pilipinas,
446 SCRA 299 (2004)
Separate Concurring Opinion of Chief Justice Sereno in Belgica v.
Ochoa, Jr., 710 SCRA 1 (2013)
VI.
There is only one power, conscience, in the service of justice; and there is only one glory, genius, in the service of truth. Victor Hugo
Song Kiat Chocolate Factory v. Central Bank, 102 Phil. 477 (1957)
Francisco v. Bosier, 332 SCRA 792 (2000)
Buenaseda v. Flavier, 226 SCRA 645 (1993)
People v. Yadao, 94 Phil. 726 (1954)
3. Contemporary Construction
Nestle Philippines Inc. v. Court of Appeals, 203 SCRA 504 (1991)
Philippine Scout Veterans Security and Investigation Agency Inc. v.
National Labor Relations Commission, 262 SCRA 112 (1996)
Adasa v. Abalos, 516 SCRA 261 (2007)
4. Statutory Directives
Vergara, Jr. v. Coca-Cola Bottlers Philippines, Inc., 694 SCRA 273 (2013)
B. Interpretation of Words and Phrases
1. General and Particular Use of Words
Matuguina Integrated Wood Products, Inc. v. Court of Appeals, 263 SCA
490
Tan v. People, 290 SCRA 117 (1998)
Bernardo v. Bernardo, 96 Phil. 202 (1954)
Malanyaon v. Lising, 106 SCRA 237
2. Associated Words
V.C. Ponce Company, Inc. v. Reyes, 561 SCRA 646 (2008)
VII.
There is only one power, conscience, in the service of justice; and there is only one glory, genius, in the service of truth. Victor Hugo
There is only one power, conscience, in the service of justice; and there is only one glory, genius, in the service of truth. Victor Hugo
There is only one power, conscience, in the service of justice; and there is only one glory, genius, in the service of truth. Victor Hugo
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IX.
X.
There is only one power, conscience, in the service of justice; and there is only one glory, genius, in the service of truth. Victor Hugo
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There is only one power, conscience, in the service of justice; and there is only one glory, genius, in the service of truth. Victor Hugo
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There is only one power, conscience, in the service of justice; and there is only one glory, genius, in the service of truth. Victor Hugo
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There is only one power, conscience, in the service of justice; and there is only one glory, genius, in the service of truth. Victor Hugo
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There is only one power, conscience, in the service of justice; and there is only one glory, genius, in the service of truth. Victor Hugo
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BOOK REFERENCES
1. Aquino, D. R. (2011). Introduction to Law. Quezon City: Central Book Supply.
2. Gamboa, M. J. (1969). An Introduction to Philippine Law. Quezon City: Central Book
Supply.
3. Gatmaytan, D. B. (2014). Legal method Essesntials 2.0. Quezon City: University of the
Philippines College of Law.
4. Reyes, L. B. (2008). The Revised Penal Code: Criminal Law, Book One, Seventh Edition .
Quezon City: Rex Book Store.
5. Santos, A. M. (2013). A Guide to Philippine Legal Information. Quezon City: University
of the Philippines College of Law.
6. Tolentino, A. M. (1990). Civil Code of the Philippines: Comments and Jurisprudence, Vol.
1. Manila: Central Book Supply.
7. Villanueva, C. L. (2012). Commercial Law Review, 2012 Edition. Quezon City: Rex Book
Store.
CLASSROOM RULES
Attendance
Attendance is mandatory. Any anticipated absence should be reported to the instructor
as soon as possible. Excuse letters must be officially approved to warrant any cancellation of a
missed graded activity.
Attendance, which is actual presence during each and every roll call at the beginning of
class, will be rewarded at final grading. (See Grading, below.)
Academic Honesty
There is only one power, conscience, in the service of justice; and there is only one glory, genius, in the service of truth. Victor Hugo
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A student is expected to attribute and cite sources in their work. Group work is
permitted only when specifically allowed by the instructor, and in such cases, students must
acknowledge the extent of the contribution of everyone in the group.
Grading
Recitation, quizzes, other in-classroom work, homework
Midterm Exam
Final Exam
Student-suggested or other graded activity
50%
20%
25%
5%
A Final Exam typically has a wider coverage than a Midterm Exam, thus the Final Exam
comprises a higher percentage of the students final grade than the Midterm Exam.
For a student-suggested activity to be approved by the instructor, the activity must be
unanimously agreed upon by all students in the class.
Students with perfect attendance will have four (4) percentage points added to their
final, non-transmuted grade. Students who missed one roll call will have two (2) percentage
points added to their final, non-transmuted grade. Students who missed two (2) roll calls will
receive one (1) percentage point. For the purpose of this attendance reward, no excuses will be
entertained.
Attire
Court attire is encouraged. Business or office attire (Philippines) is permitted.
Others
There is a no screen policy in this class. Students are required to put away all
electronic devices, kept in silent mode.
Eating and drinking inside the classroom will be allowed only if the student brought
enough for everyone in the class.
No text book is required for this class. Readings are comprised mainly of cases, laws,
and articles which are readily accessible to students. Readings which are not readily accessible
to students will be provided by the instructor as a handout which the class may reproduce.
The instructor reserves the right to amend the reading list as he deems fit.
- WOS
There is only one power, conscience, in the service of justice; and there is only one glory, genius, in the service of truth. Victor Hugo
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