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5-Year (2005-2006) 4-Year (2005-2006) Course Description


COURSE DESCRIPTION

ADMINISTRATIVE LAW, PUBLIC OFFICERS AND ELECTION LAW
Cases, recitations and lectures
Pre-requisite: Constitutional Law I & II

The development and application of principles and doctrines governing administrative agencies with rule-making and adjudicative functions; the law on public officers; and the regulation of the conduct of elections including pre-proclamation contests and election protests.

ADVANCED TAXATION
Pre-requisite Taxation I, Recommended: Taxation II)

This course is designed for students who are seriously considering tax practice. It examines the procedural requirements of the Internal Revenue Code, and makes a detailed look at the audit process from the examination of a return, and a consideration of the questions surrounding the choice of a forum when litigation seems appropriate. It also exposes students to some of the intellectual rigors of a high level tax practice. Each student is assigned two hypothetical cases on audit. In one of these cases the student represents the taxpayer and prepares a full scale protest; in the other the student represents the Bureau of Internal Revenue.

ALTERNATIVE DISPUTE RESOLUTION
Cases, recitations and lectures,

General principles relating to the primary modes of international and domestic alternative dispute resolution (i.e. negotiation, inquiry, good offices, mediation, conciliation, and arbitration).

ADVANCED LEGAL WRITING

Students will explore a particular area of law, preferably a doubtful or difficult question or an emerging field. The student is required to submit a legal article that reflects meticulous research, depth and clarity of analysis, and originality. Papers should be at least 35 pages (legal size) in length, single space, using Arial 12 font, complete with footnotes. Students must hand in a first draft before the 12th week of the semester. Instructors should provide students with a detailed critique of the first draft so that students have an opportunity to make the final draft a truly excellent piece of writing and suitable for publication in the law journal. The student is required to defend the paper before a panel.

APPELLATE PRACTCE AND BRIEF MAKING

This is designed to provide students with skills necessary to successfully litigate appeals before the Court of Appeals and Supreme Court. Emphasis will be placed on practical training including appellate procedure, oral and written presentation and methodology. Brief writing and other aspects of modern appellate practice will also be covered.

BANKING & FINANCIAL TRANSACTIONS

A study on the rules and regulations governing banks and non-bank financial intermediaries including Banko Sentral Act, Secrecy of Bank Deposits, Anti-Money Laundering Acts, pertinent provisions of the GATS, and current and future banking laws, practices and trends.

BUSINESS ORGANIZATION I
Cases, recitations and lectures
Pre-requisite: Obligations and Contracts

A course combining the laws of Partnership, Agency and Trusts.

BUSINESS ORGANIZATION II
Cases, recitations and lectures
Pre-requisite: Obligations and Contracts

A study of the Corporation Code or the law governing private corporations. It includes the study of Securities Regulation Code and the functions of the Securities and Exchange Commission.

CIVIL LAW REVIEW I
Cases, recitations and lectures
Pre-requisite: Persons, Property and Succession

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 Succession. Pertinent provisions of special laws and the Rules of Court are also reviewed.

CIVIL PROCEDURE
Cases, recitations and lectures

The Rules of Court (Rule 1 to 71) including the jurisdiction of courts in civil cases, the procedure in civil cases, appeals, provisional remedies and special civil actions.

CLINICAL LEGAL EDUCATION
Pre-requisite - Civil Procedure, Criminal Procedure, Special Proceedings, Evidence.

Legal apprenticeships in law firms, legal offices or courts which includes supervised student practice under Rule 135-A of the Rules of Court including conference with clients, preparation of pleadings and motions, appearance in court, handling of trial, preparation of memorandum. Use of video equipment and computers will enhance training in direct and cross examination techniques.

COMMERCIAL LAW REVIEW
Cases, recitations and lectures
Pre-requisite: All Commercial Law undergraduate courses

A comprehensive survey and review of the laws on partnership, agency, trusts, corporations, Securities and Exchange Commission, secured transactions, negotiable instruments, insurance and transportation.

COMPUTERS FOR LAWYERS (TECHNOLOGY & THE LAW)
Lectures, hands-on computer work,

The emergence of global digital networks, such as the Internet, and digital technologies that enhance human abilities to access, store, manipulate, and transmit vast amounts of information has brought with it a host of new legal issues that lawyers preparing to practice in the 21st century will need to understand and address. The course will explore specific problems in applying law to cyberspace in areas such as intellectual property, privacy, content control, and the bounds of jurisdiction.

CONSTITUTIONAL LAW I
Cases, recitations and lectures

A survey and evaluation of basic principles dealing with the structure of the Philippine Government under the Constitution including Philippine constitutional history, the amendment process, judicial review, the State, citizenship and the various constitutional organs and offices.

CONSTITUTIONAL LAW II
Cases, recitations and lectures
Pre-requisite: Constitutional Law I

A comprehensive study of the balance between authority as represented by the inherent powers of the State and liberty as guaranteed by the bill of rights.

CORPORATE FINANCE LAW

Involves a study of financial markets and the rules by which these markets work and are regulated. It includes the basic concepts of the business and economic underpinnings of the legal rules in corporate finance. The course will enable the student to understand developments in the capital markets including the capabilities and limitations of the present legal system.

CREDIT TRANSACTIONS
Cases, recitations and lectures
Pre-requisite: Obligations and Contracts

The law governing loans and deposits, including mortgages, pledge, antichresis, guaranty, sureties and other securities or collaterals.

CRIMINAL JUSTICE SYSTEM

A study of the pillars of the criminal justice system namely: the public, police, prosecution, judiciary and reformation.

CRIMINAL LAW I
Cases, recitation and lectures

A detailed examination into the characteristics of criminal law, the nature of felonies, stages of execution, circumstances affecting criminal liability, persons criminally liable; and extent and extinction of criminal liability as well as the civil liability of the offender, what it includes, and the extinction and survival of civil liability, as well as understanding of penalties in criminal law, their nature and theories, classes, crimes, habitual deliquency, juvenile deliquency, the Indeterminate Sentence Law and the Probation Law. The course covers Article 1-113 of the Revised Penal Code and related laws.

CRIMINAL LAW II
Cases, recitations, lectures
Pre-requisite: Criminal Law I

A comprehensive appraisal of specific felonies penalized in Book II of the Revised Penal Code, as amended, their nature, elements and corresponding penalties, including special penal laws.

CRIMINAL LAW REVIEW
Cases, recitations and lectures
Pre-requisite: Criminal Law I & II

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.

CRIMINAL PROCEDURE
Cases, recitations and lectures
Pre-requisite: Criminal Law I & II

The rules on criminal procedure, including the basic rights of the accused, the jurisdiction of courts and the procedure in criminal cases.

CIVIL LAW REVIEW II
Cases, recitations and lectures
Pre-requisite: Obligations and Contracts and Special Contracts

A general integration of the principles in civil law relating to obligations and contracts, sales, lease, quasi-contracts, quasi-delicts and damages.

CUSTOMS AND TARIFF LAWS

A study of the general principles of custom and tariff regulations, including dumping and the remedies available to importers. Pertinent government circulars and regulations on importation will also be included in the study.

ELECTIVE 1

ELECTIVE 2

ELECTIVE 3

ELECTIVE 4

(The School reserves the right to choose the elective subjects to be offered in a particular semester/trimester.)



ENVIRONMENTAL LAW

The course covers laws on the control of pollution, hazardous and toxic wastes including zoning regulations in aid of pollution control. It looks at the state of local and international legislation and agreements including agencies that address environmental problems as well as the problems of enforcing environmental laws.

EVIDENCE
Cases, recitations and lectures
Pre-requisite: Civil Procedure

A course which looks into the rules of presentation, admissibility and weight and sufficiency of evidence, including burden of proof and presumptions.

GENERAL CORPORATE PRACTICE

This is intended for the students who intend to apply their knowledge of corporation law to actual corporate organizations, problems, strategies, meetings, preparation of minutes, and dissolution of corporations. It also focuses on the functions of a corporate secretary.

HUMAN RIGHTS

A study focused on the aspects of protecting, defending and seeking regress for violations of human rights in the Philippines. It includes a discussion on the Commission of Human Rights, international agreements relating to human rights like the UN Declaration on Human Rights, the Genocide Convention, the Torture Convention including current events involving human right violations.

INFORMATION TECHNOLOGY LAW

The course covers the E-Commerce Law and Implementing Rules, the rules on Electronic Signatures, pertinent provisions of the Intellectual property Code, relevant provisions of the TRIPS and the WIPO Conventions including current practices and future trends.

INSURANCE
Cases, recitations and lectures
Pre-requisite: Obligations and Contracts

A study of the Insurance Code and related laws, including the concept and function of insurance, the nature of the insurance contract, insurable interest, special forms and government regulations of the insurance business.

INTELLECTUAL PROPERTY LAW
Pre-requisite: Obligations and Contracts

A study of the Intellectual Property Code as well as related laws on Trademarks, Patents, Copyright and other intellectual creations.

INTERNATIONAL BUSINESS TRANSACTIONS

This course will introduce students to the mechanics of international business transactions and to the commercial law environment within which those transactions are negotiated and executed. It will focus on the trade and non-trade business activities of private entities, examining in a practical way the documentation necessary to execute various types of transactions and issues that the international lawyer is likely to confront. These transactions include privatization, project finance deals, international loan transactions, cross border mergers or acquisitions, international entrepreneurial transactions such as international venture capital, incubation, and initial public offerings of foreign start-up enterprises, and capital market activities, franchising and other licensing transactions.

INTERNATIONAL COMMERCIAL LAWS

Studies the major legal issues in local and international business in the private and public sectors. The principal areas of attention are: the movement of goods, including private techniques of contract and financing, national controls such as tariffs, quotas, export licensing, and international trade agreements; the problems of international investment, including relations between transactional enterprises and the local governments in developing countries. It includes an overview of the GATT and WTO, regional trading blocs such as European Union, NAFTA and APEC and the legal implications of the emergence of the global trade regime.

INTERNATIONAL TRADE LAW

The course examines what countries like the Philippines can do to protect its economy from foreign competition. It includes a study of the Bretton Woods Agreement, the functions of the IMF and World bank, globalization, liberalization and the World Trade Organization, GATT, GATS, TRIPS, DSU, other related agreements, current practices and future trends.

INVESTMENT LAWS OF THE PHILIPPINES

A study of various investment laws including those giving incentives, the Board of Investments, relevant central bank rules and tax regulations covering foreigners dong business in the Philippines.

LABOR LAW REVIEW
Cases, recitations and lectures
Pre-requisite: Labor Standards and Labor Relations Law

A general review of all laws affecting labor standards, labor relations and welfare legislation.

LABOR RELATIONS
Cases, recitations and lectures
Pre-requisite: Labor Standards

A survey of laws implementing the rights to self-organization and collective bargaining, including the laws relating to strikes, pickets and lock-outs.

LABOR STANDARDS
Cases, recitations and lectures

An investigation into the minimum labor standards, working conditions and employment benefits, including statutes and decrees on labor standards and social legislation.

LAND TITLES AND DEEDS
Cases, recitations and lectures

A study of the system and methods of registration of titles and deeds to land.

LEGAL ETHICS
Cases, recitations and lectures

A course that focuses on the canons of legal ethics involving the duties and responsibilities of the lawyer with respect to the client, the court, the bar and the public. It includes the history and development of the legal profession in the Philippines, its current problems, goals, and role in society.

LEGAL FORMS
Lectures, readings and practical work
Pre-requisites: Civil Procedures and Special Proceedings

A course which trains students in the drafting of various legal documents and deeds, as well as judicial pleadings and briefs.

LEGAL MEDICINE

An overview of the principles and practice of medicine for the clarification and settlement of doubtful questions arising in courts.

LEGAL PROFESSION AND COUNSELLING

An introduction to the art and technique of legal counseling as well as a consideration of the responsibilities of the lawyer as counselor.

LEGAL RESEARCH & WRITING
Lecturers, reading and practical work

A probe into the methodology of legal research and an introduction of legal writing techniques; Includes applied legal bibliography, case digesting and reporting analysis, legal reasoning and preparation of legal opinions or memoranda.

MARITIME LAW

The course covers the history of the Carriage of Goods by Sea Act up to the advent of the Hague Rule of 1924, Hague Visby Rules of 1968 and Hamburg Rules of 1978, including aspects of Bills of Lading, Charter parties, Collision, salvage, Towage, Pilotage, and Ship Mortgage Act.

MERGERS AND ACQUISITIONS
Pre-requisite or taken together: Business Organization II

The course presents a study of corporate mergers and acquisitions from a transactional perspective. The mechanics of alternative acquisitions techniques are described and compared from the point of view of the target corporation and the acquiring corporation. Defensive tactics of the target corporation are examined with reference to the legal setback governing their use. The corporate law concerns of the acquiring corporation in both the friendly and the hostile acquisition are also examined.

NEGOTIABLE INSTRUMENTS
Cases, recitations and lectures
Pre-requisite: Obligations and Contracts

An examination of the statutory provisions governing negotiable instruments as well as other commercial papers, including investment papers and money market instruments.

OBLIGATIONS AND CONTRACTS
Cases, recitations and lectures
Pre-requisite: Persons and Family Relations

An in-depth study of the nature, kinds and effects of obligations and their extinguishment; contracts in general, their requisites, form and interpretation; and kinds including defective contracts, quasi-contracts, natural obligations, and estoppel.

PERSONS AND FAMILY RELATIONS
Cases, recitations, and lectures

A basic course on the law of persons and the family which first views 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 of property, family, paternity and filiation, adoption, guardianship, support, parental authority, surnames, absence and emancipation, including the rules of procedures relative to the foregoing.

POLITICAL LAW REVIEW
Cases, recitations and lectures
Pre-Requisite subjects: Constitutional Law 1 & 2 and all political law undergraduate courses.

A general survey of the Constitution of the Philippines, including Administrative law, Public Officers, Election Law, Local Governments and Public International Law.

PRACTICUM I
Pre-requisite: Civil Procedures

Interviews, police and other investigations, out-of-court settlements, pre-trial negotiations, and plea bargaining in criminal cases.

PRACTICUM II
Pre-requisite: Civil Procedures

This is a practical instruction in the preparation of cases and trial briefs before actual trial of cases, both civil and criminal. It includes practical suggestions on effective methods and gathering the facts of cases, the formulation of the theory of the case, search for legal authorities, construction of pleadings, interview of witness and examination of witnesses in the course of the trial, with particular emphasis on Section 1 to 19, Rule 132 of the Rules of Court.

PRACTICUM III
Pre-requisite: Civil Procedures

The study of ballistics, questioned documents, forensic chemistry, voice print identification, polygraph, fingerprints and other related subjects; and how to present and cross-examine experts.

PRACTICUM IV
Pre-requisite: Civil Procedures

Actual observation of court trials and administrative hearings (related to labor, corporate and patent practices), integration of rules of procedure and evidence with trial techniques for application in moot court and/or legal aid practice. Includes the method of presenting testimonial, documentary and real evidence.

PRIVATE INTERNATIONAL LAW (CONFLICT OF LAWS)
Cases, recitation and lectures
Pre-requisite: Obligations and Contracts

A course dealing with legal transactions or relationships involving foreign elements with emphasis on the choice of law methods, including problems in jurisdiction and in recognition and enforcement of foreign judgements.

PROBLEMS AREAS IN LEGAL ETHICS

A course aimed at examining and resolving specific problems which may confront lawyers and judges in the exercise of the profession.

PROJECT FINANCE LAW

Provides a detailed review and analysis of the technique of project financing. Emphasis is placed upon structuring and risk allocation issues, which are looked at in the context of specific transactions and from the perspective of the various parties to the project (equity holders, lenders, providers of goods and services). Material is selected from actual transactions so as to illustrate documentation issues when different sources of financing participate in the project. The aspects peculiar to infrastructure projects (such as power, telecommunications, ports, toll roads, etc.) are also considered.

PROPERTY
Cases, recitations and lectures
Pre-requisite: Persons & Family Relations and Obligations and Contracts

The law on the different kinds of property; ownership, possession, usufruct, easements or servitudes, nuisance, and the different modes of acquiring ownership.

PUBLIC CORPORATIONS (LOCAL GOVERNMENTS)
Pre-requisites: Constitutional Law I and II

This is a study of the general principles governing municipal corporations: the laws affecting the creation, organization and government of provinces, cities, municipalities, municipal districts, and barrios; the scope and application of the powers of municipal corporations, including municipal ordinances, contracts and liabilities of enterprises.

PUBLIC INTERNATIONAL LAW
Case, recitation and lectures
Pre-requisite: Constitutional Law I and II

An overview of the legal principles governing international relations, based, among others, on the United Nations Charter and the decisions of international tribunals.

REAL ESTATE TRANSACTIONS

This treats of the legal, financial and operational aspects of subdivisions and condominiums, including the effects of zoning and environmental laws and regulations on subdivision and condominium projects.

REMEDIAL LAW REVIEW I
Cases, recitations and lectures
Pre-requisite::Civil Procedure and Criminal Procedure

A general review and integration of the principles of jurisdiction and civil (Rules 1 - 39) and criminal procedure (Rules 110 - 127)

REMEDIAL LAW REVIEW II
Cases, recitations and lectures

A general survey and integration of the rules on appeals (Rules 40 - 56), provisional remedies (Rules 57 - 61), special civil actions (Rules 62 - 71), special proceedings (Rules 72 - 109) and evidence (Rules 128 -134).

SALES
Cases, recitations, and lectures
Pre-requisite: Obligations and Contracts

A study of the contract of sale, its nature and form, the obligations of the vendor and the vendee, warranties, remedies, breach of contract, and conventional and legal redemption. The course includes assignment of credits and incorporeal rights and the Bulk Sales Law.

SECURITIES ACT AND SECURITIES AND EXCHANGE COMMISSION

This course covers the Securities Act and the SEC, its jurisdiction, powers and its role in the regulation of the issuance, sale and trading of securities. It includes a background of capital markets and related legal and transactional considerations, such as disclosure standards, application of governing laws and public offerings.

SPECIAL PENAL LAWS
Pre-requisite: Criminal Law I

The study includes related offenses provided in special laws, such as the Dangerous Drugs Act, the Anti-Graft and Corrupt Practices Act, the law on wire tapping ans related violations of privacy of communications, the Carnapping Law, the Gambling Law, the Anti-Squatting Law, and the Cattle Rustling Act.

SPECIAL PROCEEDINGS
Pre-requisite: Special Procedures

A study of rules on procedure on the settlement of estates, wills, letters testamentary and administration, encumbrances of property of decedents and escheats.

STATUTORY CONSTRUCTION
Cases, recitation and lectures

A course that explores the use and force of statutes and the principles and methods of their construction and interpretation.

TAXATION I
Cases, recitations and lectures
Pre-requisite: Taxation I

The general principles of taxation and statutory provisions on income taxation, including pertinent revenue regulations.

TAXATION II
Cases, recitations and lectures

A study of the concepts and general principles of transfer (estate and donor's), value-added and other percentage taxes, special excise taxes on certain goods and miscellaneous taxes provided in the National Internal Revenue Code; remedies; The Court of Tax Appeals, including general principles on tariff and customs duties and local taxation.

TAXATION LAW REVIEW
Cases, recitations and lectures
Pre-requisite: Taxation Law 1 & 2

An integration of the general principles of taxation, income, transfer, value-added and other percentage taxes, special excise taxes on certain goods and miscellaneous taxes provided in the National Internal Revenue Code, including revenue regulation, court of tax appeals and the general principles on tariff and customs duties and legal taxation.

TELECOMMUNICATIONS LAW

A study of the Telecommunications Public Policy Act and the Implementing Rules. Includes pertinent provisions of the Public Service Law, the laws regulating CATV operations and other laws relating to advanced technology communications, pertinent provisions of the GATS and other future trends.

TRANSPORTATION
Cases, recitations and lectures
Pre-requisite: Obligations and Contracts

The general principles and basic regulations governing common carriers (land, sea and air).

TRIAL TECHNIQUE & PRACTICE COURT
Lectures, readings practical work
Pre-requisite: Civil Procedure

The first part of the course involves the preparation and drafting of complaints, petitions, answers, motions, briefs and other pleadings before tribunals; preparing for cases and making trial briefs before actual trial, gathering facts, formulation of the theory of the case, search for legal authorities, interview and examination of witnesses in the course of the trial. The second part includes the holding of court trials as if in a Regional Trial Court, where the Rules of Court are strictly observed. The lawyers, litigants, and witnesses are all members of the class, and the professor acts as judge. It is made obligatory upon the students, acting as lawyers, to argue their cases orally immediately after the evidence is closed.

TORTS AND DAMAGES
Pre-requisite: Obligations and Contracts

An analysis of the law on quasi-delicts as well as the nature, classes and extent of damages.

WILLS & SUCCESSION
Cases, recitations and lectures
Pre-requisites: Property, Obligations and Contracts

A detailed evaluation of the law on testate and intestate succession, including wills, institution of heirs, computation of legitimes of compulsory heirs, disinheritance, and partition and distribution of the estate. The course also takes up rules of procedure on the settlement and administration of the estate of deceased persons.

Arellano University School of Law
Taft Avenue Corner Menlo St. Pasay City, Philippines
Tel. No.: (632) 404-3089 to 93 Fax.No.: (632) 521-4691

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