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I.

Plagiarism:
A. Republic Act No. 8293, Chapter 10
B. Section 217 of RA 8293, “Any person infringing any right secured by
provisions of Part IV (“The Law on Copyright”) of this Act or aiding or abetting
such infringement shall be guilty of a crime punishable by:

“(a) Imprisonment of one (1) year to three (3) years plus a fine ranging from Fifty
thousand pesos (P50,000) to One hundred fifty thousand pesos (P150,000) for the first
offense;

“(b) Imprisonment of three (3) years and one (1) day to six (6) years plus a fine ranging
from One hundred fifty thousand pesos (P150,000) to Five hundred thousand pesos
(P500,000) for the second offense;

“(c) Imprisonment of six (6) years and one (1) day to nine (9) years plus a fine ranging
from five hundred thousand pesos (P500,000) to one million five hundred thousand
pesos (P1,500,000) for the third and subsequent offenses.”

Chapter 2, Section 172.1, of the law puts it as clearly: “Literary and artistic works,
hereinafter referred to as ‘works,’ are original intellectual creations in the literary and
artistic domain protected from the moment of their creation and shall include in
particular: (a) Books, pamphlets, articles and other writings.” The word “writings” is
not limited to printed material. Writings on the Web are writings.

Section 172.2 says that “works are protected by the sole fact of their creation,
irrespective of their mode or form of expression, as well as of their content, quality
and purpose.” The mode or form of expression is immaterial.

C. IN THE MATTER OF THE CHARGES A.M. No. 10-7-17-SCOF PLAGIARISM, ETC.,


AGAINSTASSOCIATE JUSTICE MARIANO C. DEL CASTILLO Per curiam decision

II. Code of Professional Responsibility


A. Canon 8
B. Canon 10.01
C. Canon 10.02
1. SC, Third Division, Nilo Hipos, Sr. Representing Darryl Hipos, Benjamin Corsio
Representing Jaycee Corsio, Anderlinda Villaruel Representing Arthur Villaruel
Versus Honorable Rtc Judgeteodoro A. Bay, G. Rnos. 174813-15, Presiding
Judge, Rtc, Hall Of Justice, Quezon City, Branch 86, March 17, 2009.
2. SUPREME COURT, EN BANC, November 29, 1920, In re Application of MAX
SHOOP for admission to practice law

III. Reading Materials 1 and 2


IV. Review of Terms:
A. En Banc/Division
B. Per Curiam
C. Stare Decisis

Case: SC, EN BANC, G.R. No. 210565, June 28, 2016

EMMANUEL D. QUINTANAR, BENJAMIN O. DURANO, CECILIO C. DELAVIN,


RICARDO G. GABORNI, ROMEL G. GERARMAN, JOEL JOHN P. AGUILAR, RAMIRO
T. GAVIOLA, RESTITUTO D. AGSALUD, MARTIN E. CELIS, PATRICIO L. ARIOS,
MICHAEL S. BELLO, LORENZO C. QUINLOG, JUNE G. BLAYA, SANTIAGO B.
TOLENTINO, JR., NESTOR A. MAGNAYE, ARNOLD S. POLVORIDO, ALLAN A.
AGAPITO, ARIEL E. BAUMBAD, JOSE T. LUTIVA, EDGARDO G. TAPALLA, ROLDAN
C. CADAYONA, REYNALDO V. ALBURO, RUDY C. ULTRA, MARCELO R. CABILI,
ARNOLD B. ASIATEN, REYMUNDO R. MACABALLUG, JOEL R. DELEÑA, DANILO T.
OQUIÑO, GREG B. CAPARAS and ROMEO T. ESCARTIN, Petitioners, vs. COCA-COLA
BOTTLERS, PHILIPPINES, INC., Respondent.

D. Res Judicata

Case: SC, EN BANC, G.R. No. L-20996, July 30, 1966

ALEJO ABES, ET AL., plaintiffs and appellants, vs. TOMAS RODIL and CATALINA
CRUZ, defendants and appellees.

E. Lis Mota

Case: SC, EN BANC, G.R. No. 200903, July 22, 2014

KALIPUNAN NG DAMAY ANG MAHIBIRAP, INC., represented by its Vice-President,


CARLITO BADION, CORAZON DE JESUS HOMEOWNERS ASSOCIATION,
represented by its President, ARNOLD REPIQUE, FERNANDO SEVILLA as President of
Samahang Pamata sa Kapatirang Kr.istiyano, ESTRELIETA BAGASBAS, JOCY LOPEZ,
ELVIRA VIDOL, and DELIA FRA YRES, Petitioners, vs. JESSIE ROBREDO, in his
capacity as Secretary, Department of Interior and Local Government, Hon. GUIA GOMEZ,
in her capacity as MAYOR OF THE CITY. OF SAN JUAN, Hon. HERBERT BAUTISTA, in
his capacity as the MAYOR OF QUEZON CITY, Hon. JOHN REY TIANGCO, in his
capacity as MAYOR OF NAVOTAS CITY, and the GENERAL MANAGER of the
NATIONAL HOUSING AUTHORITY, Respondents.

F. Obiter Dictum

SC, EN BANC, G.R. No. L-4316, May 28, 1952

PEOPLE OF THE PHILIPPINES, petitioner,


vs. HON. HIGINIO MACADAEG, HON. POTENCIANO PECSON, HON. RAMON SAN
JOSE, as Chairman and Members, respectively; of the Seventh Guerrilla Amnesty
Commission, and ANTONIO GUILLERMO, alias, SLIVER, as an interested
party, respondents.

V. Sources of Authorities

A. Sources of Law:
1. Legislative
2. Judicial
3. Executive
B. Structure of Government
1. Executive
2. Legislative
3. Judicial
C. Classification of Law
1. Statute Law
a. Classification of Status Law
(1) External legislation: Rules of general application affecting order and
procedure in a community
(2) Internal legislation: Rules of restricted application affecting order and
procedure among members of a legislative, judicial and administrative
office
b. Classes of Statute Law:

(1) Constitution
(2) Treaties and other International Agreements
(3) Statutes Proper
(4) Presidential Issuances
(5) Administrative Rules and Regulations
(6) Charters of Local government units
(7) Legislation of LGUs
(8) Tribunal rules and Legislative Rules.

2. Case Law
a. Statute Law Materials
b. Constitution

(1) 1935
(2) 1973
(3) 1987

c. Treaties and Other International Agreements


On a selection basis published also in: The Lawyers Review, International Law
Documents (1945-1993), 1995 Edition; UP Law Center. Law of the Sea 1996 Ed.
Secondary materials are: published by authors

d. Statutes Proper

Reading Material on Legislation in the Philippines (No.4)

e. Presidential Issuances
(1) PD
(2) General Orders
(3) Letters of Instructions
(4) Executive Orders
(5) Proclamations,
(6) Memorandum Orders
(7) Memorandum Circulars
(8) Letters of Implementation
(9) Letters of Authority

f. Administrative Rules and Regulations


g. Charters of the LGU
(1) Classes
(a) Created by statute
(b) Those created and adopted by voters of the city
(2) Publication: official repositories such as Public Laws. Laws and Resolutions,
Acts and Resolutions, Official Gazettes

h. Legislation of LGU
o Basic LGUs are provinces, cities, municipalities and barangays.
o Each has lawmaking power to pass “ordinances”.
o Local legislative powers are exercised by the sangguniang panlalawigan
for the province; sangguniang panlunsod for the city; sangguniang
brangay for the barangay. Each keeps a journal of its proceedings.
o Municipal ordinances and resolutions are promulgated by positing them
on the day or after its passages at the main entrance of the municipal or
barangay hall at least 2 conspicuous places in the LGU concerned not later
than 5 days after its approval.

i. Tribunal/Court Rules

Reading Material No. 5: Philippine Court System

j. Legislative Rules

VI. Philippine Constitution Article VI


o Section 26.
1. Every bill passed by the Congress shall embrace only one subject which shall
be expressed in the title thereof.
2. No bill passed by either House shall become a law unless it has passed three
readings on separate days, and printed copies thereof in its final form have
been distributed to its Members three days before its passage, except when
the President certifies to the necessity of its immediate enactment to meet a
public calamity or emergency. Upon the last reading of a bill, no amendment
thereto shall be allowed, and the vote thereon shall be taken immediately
thereafter, and the yeas and nays entered in the Journal.
o Section 27.

1. Every bill passed by the Congress shall, before it becomes a law, be


presented to the President. If he approves the same he shall sign it;
otherwise, he shall veto it and return the same with his objections to the
House where it originated, which shall enter the objections at large in its
Journal and proceed to reconsider it. If, after such reconsideration, two-
thirds of all the Members of such House shall agree to pass the bill, it shall be
sent, together with the objections, to the other House by which it shall
likewise be reconsidered, and if approved by two-thirds of all the Members
of that House, it shall become a law. In all such cases, the votes of each
House shall be determined by yeas or nays, and the names of the Members
voting for or against shall be entered in its Journal. The President shall
communicate his veto of any bill to the House where it originated within
thirty days after the date of receipt thereof, otherwise, it shall become a law
as if he had signed it.

2. The President shall have the power to veto any particular item or items in an
appropriation, revenue, or tariff bill, but the veto shall not affect the item or
items to which he does not object.

o Reading Material 3 - Bill to Law

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