Part One - the COLLEGE of LAW

ADAMSON UNIVERSITY

COLLEGE OF LAW

M A N U A L

2013

TABLE OF CONTENTS

PAGE

Part One - THE COLLEGE OF LAW

Profile of the College of Law------7
The College Vision and Mission------8
Honors and Awards------9
Prayer of an Adamson Law Student------11
Adamsonian Prayer------12

Part Two - CURRICULUM

Legal Education Board (LEB)

2012 Law Curriculum------14

Course Descriptions------17
Elective Subjects------31
Transition of Curriculum------39

Part Three - FACULTY GUIDELINES

Appointment------51
Academic Freedom ; Method of Instruction ------51
Class Schedule------52
Teaching Loads------52
Syllabus------53
Attendance and Punctuality------53
Class List/Class Record------54
Assignments------54
Examinations------55
Discipline------57
Dropping of Subjects------57
Grading System------58
Teacher Behavior Inventory ------62
Meetings and Other Functions------62
Research and Development------62
Community and College Services------63

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Part Four - ENROLMENT

Freshmen------65
Old Students------66
Readmission of Returning Students------67
Student Transferees------67
Cross-Enrollees------68
Refresher Course Students------68

Part Five - STUDENT GUIDELINES: POLICIES AND STANDARDS

Absences; Cut System ------70
Leave of Absence------70
Probationary Status------71
Rules on Overload------72
Dropping of Subjects------72
Petition for Classes------73
Dress Code------76
Prohibited Activities------77
Dean’s List------77
Student’s Pledge------78

Part Six - EXTRA-CURRICULAR ACTIVITIES

Student Government------81
Adamson Law Journal------83
Central Bar Operations------84
Fraternity and Sorority (Accredited and Regulated) ------86

Part Seven - SCHOOL FACILITIES AND SERVICES

Moot Court------92
Legal Aid Services------92
Law Library------92
Medical and Dental Services------98
Alumni Services------98
Other Facilities and Services------99

PAGE

Part Eight - DISCIPLINARY ACTIONS

Offenses------101
Penalties------103
Procedure and Investigation------104

Part Nine - EFFECTIVITY OF COLLEGE OF LAW MANUAL ------108

Part Ten - APPLICABILITY OF THE

ADAMSON UNIVERSITY MANUAL ------109

Part One

THE COLLEGE OF LAW

Profile of the College of Law
The College Vision and Mission
Honors and Awards
Prayer of an Adamson Law Student
Adamsonian Prayer

THE COLLEGE OF LAW

PROFILE OF THE COLLEGE OF LAW

The Adamson University College of Law was established on June 1, 1941. Its first Dean was the late ElpidioQuirino who was later elected President of the Republic of the Philippines.

The outbreak of the Pacific Wars on December 8, 1941 interrupted the existence of the University. It was re-opened in 1948 with Prof. Nicanor Reyes becoming the second Dean of the College of Law until 1952.

In 1952, Prof. Godofredo del Rosario assumed the post of Head of the College of Law in an acting capacity up to 1964 when he was designated acting Dean of the College of Law up to 1965.

In 1965, Dr. Marcos Herras took over the post of Dean of the College of Law and stayed in the said position until 1982, when Prof. PoncianoSubido took over as Dean of the College.

In 2002 Dean Antonio H. Abad, Jr. was appointed to head the College of Law. He served as Dean of the college until May 2011 when he was promoted as member of the Legal Education Board (LEB).

In June 2011, Ret. SC Justice Ma. Alicia Austria-Martinez succeeded Dean Abad.

The Adamson University College of Law tied up with the PHILCONSA, the first College to achieve such honor.

THE COLLEGE VISION AND MISSION

V I S I O N

To have Vincentian Lawyers committed in the promotion of Justice for all, Charity for the poor in life and spirit, Service to humanity and Integrity of person and character, in the ways of Saint Vincent de Paul.

M I S S I O N

To provide quality Legal Education;

2. To provide intensive and extensive preparation for the Bar Examinations;

3. To produce and develop well trained, broadminded, morally and ethically upright Vincentian lawyers who are fearless guardians of the people’s right and liberty and active participants in community and nation building;

4. To train students to develop a sound, systematic and analytical thinking and clear and forceful self-expression.

HONORS AND AWARDS

3.1.Academic Honors

Academic Honor / WGA Requirement[1]
Summa Cum Laude / ≤1.24
Magna Cum Laude / ≤1.49
Cum Laude / ≤1.74

3.1.1.To qualify for honors, the student must meet the follow conditions:

3.1.1.1. Weighted General Average (WGA) as indicated above, with no grade lower than 2.5

3.1.1.2. Carried 100% of the entire regular semestral loads.

3.1.1.3.No failure in, or dropping of, any subject.

3.1.1.4No disciplinary action taken against her/him.

3.1.1.5If a transferee, she/he must have been accepted with zero credit.

3.2.Academic Merit Award [2]

3.2.1.Awarded to a student who garnered the required WGA but with deviation/s.

3.2.2.A transferee should have at least carried 75% of the required credits of the law course to qualify for an academic merit award.

3.3.Graduation Honors

3.3.1.Conferred on students who garneredthe highest WGA of not less than 86% in the graduating class:

Valedictorian
Salutatorian

3.3.2.Recognition Awards

Bestowed in recognition of outstanding academic achievement, the student having attained the required proficiency and exemplary performance.

3.3.3.Special Awards

Conferred on students who excelled in Legal Aid or Legal Advocacy.

PRAYER OF AN ADAMSON LAW STUDENT TO SAINT VINCENT DE PAUL

Our dearly beloved Saint Vincent de Paul, great servant of God Almighty, whose spirit inspires and permeates in our school community, programs and services, as indicated by our sensitivity to the presence of GOD in our midst,

We beseech your compassionate intercession to God Almighty to grant us intensive courage, determination and strength of mind and will to pursue our vision and accomplish our missions of Justice to all, Charity to the poor in life and spirit, service to humanity and integrity of person and character.

Intercede for us, oh holy servant of GOD that we may fully realize our vision and mission, successfully hurdle our courses and ultimately pass the Bar Examinations, for the greater glory of GOD. Amen.

5.ADAMSONIAN PRAYER

Dear Lord,

Teach me the things that are important:

To be generous with Your gifts,

Compassionate to those who have less,

Just in the face of unfair circumstances,

True when the world's values contradict my own,

Gracious when things don't go my way,

And magnanimous when they do.

May nothing else matter

Except Faith in Your goodness, my neighbor's, and mine,

Hope that things can get better,

And Charity that always set things right.

May Your special Love for the Poor,

The mark of my uniquely Vincentian education,

Be the work I excel in,

The standard I constantly refer to,

And my courage when I meet You someday.

With Mary, our Mother, and St. Vincent de Paul, Amen.

Part Two

C U R R I C U L U M

Legal Education Board (LEB) 2012 Law Curriculum

Course Descriptions
Elective Subjects
Transition from 2004 Curriculum to 2012 Curriculum

C U R R I C U L U M

LEGAL EDUCATION BOARD (LEB)

2012 LAW CURRICULUM[3]

First Year

First Semester Units

Persons & Family Relations 4 Constitutional Law I 3

Criminal Law I 3

Legal Research 2

Statutory Construction 2

Legal Writing 2 ____

Total No. of Units 16

Second Semester Units

Obligations and Contracts 5

Constitutional Law II 3

Criminal Law II 4

Legal Technique and Logic 2

Basic Legal Ethics 3

____

Total No. of Units 17

Second Year

First SemesterUnits

Property 4

Sales 2

Criminal Procedure 3

Labor Law I 3 Agrarian Law & Social Legislation 2

Land Titles & Deeds 2

Human Rights Law 2

Natural Resources & Environmental Law 3

____ Total No. of Units 21

Second Semester Units

Civil Procedure 4

Negotiable Instruments Law 3

Credit Transactions 3

Labor Law II 3

Administrative & Election Laws 2

Public International Law 3

Alternative Dispute Resolution 2

____

Total No. of Units 20

Third Year

First Semester Units

Succession 4

Agency, Trust & Partnership 3

Taxation I 3

Transportation 2

Insurance 2 Conflict of Laws 2

Legal Medicine 1

Elective/Practicum 2

___

Total No. of Units 19

Second Semester Units

Evidence 4

Corporation Law 4

Taxation II 3

Special Proceedings 2

Torts and Damages 2 Legal Forms 2

Problems Areas in Legal Ethics 3

___

Total No. of Units 20

Fourth Year

First Semester Units

Criminal Law Review 4

Civil Law Review I 4

Constitutional Law Review 4

Remedial Law Review I 3

Labor Law Review 2

Elective/Practicum 2

Practice Court 1 2

(Practicum V)

_____

Total No. of Units 21

Second Semester Units

Remedial Law Review II 4

Civil Law Review II 4

Commercial Law Review 4

Legal Counseling & Social Responsibility 2 Practice Court II 2

Elective 2

_____

Total No. of Units 18

COURSE DESCRIPTIONS[4]

COURSE NAME/
NUMBER OF UNITS/
CONTACT HOURS/
PRE-REQUISITES / COURSE DESCRIPTION
First Year – First Semester
PERSONS AND FAMILY RELATIONS
Cases, recitations and lectures;
4 hours a week;
4 units / A basic course on the law of persons and the family which first views the effect and application of laws, to examine the legal norms affecting civil personality, marriage, property relations between husband and wife, legal separation, the matrimonial regimes of absolute community, conjugal partnership of gains, and complete separation of property; paternity and filiation, adaption, guardianship, support, parental authority, surnames, absence and emancipation, including the rules of procedure relative to the foregoing.
CONSTITUTIONAL LAW I
Cases, recitations and lectures;
3 hours a week;
3 units / A survey and evaluation of basic principles dealing with the structure of the Philippine Government.
CRIMINAL LAW I
Cases, recitations and lectures;
3 hours a week;
3 units / A detailed examination into 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 understanding of penalties in criminal law, their nature and theories, classes, crimes, habitual delinquency, juvenile delinquency, the Indeterminate Sentence Law and the Probation Law. The course covers Articles 1-113 of the Revised Penal Code and related laws.
LEGAL WRITING
Lectures, reading and practical work;
2 hours a week;
2 units / An introduction of legal writing techniques; it involves applied legal bibliography, case digesting and reporting analysis, legal reasoning and preparation of legal opinions or memoranda.
LEGAL RESEARCH
Lectures, reading and practical work;
2 hours a week;
2 units / The course will introduce structures to the methodology of legal research and the preparation of legal opinions, memoranda, or expository or critical paper on any subject approved by the faculty member teaching it.
STATUTORY CONSTRUCTION
Cases, recitations and lectures;
2 hours a week;
2 units / A course that explores the use and force of statutes and the principles and methods of their construction and interpretation.
First Year – Second Semester
OBLIGATIONS AND CONTRACTS
Cases, recitations and lectures;
5 hours a week;
5 units / An in-depth study of the nature, kinds and effect of obligations and their extinguishment; contracts in general, their requisites, forms and interpretation; defective contracts, quasi contracts, natural obligations and estoppel.
CONSTITUTIONAL LAW II
Cases, recitations and lectures;
3 hours a week;
3 units / A comprehensive study of the Constitution, the bill of rights and judicial review of the acts affecting them.
CRIMINAL LAW II
Cases, recitations and lectures;
4 hours a week;
4 units / A comprehensive appraisal of specific felonies penalized in Book II of the Revised Penal Code, as amended, their nature, elements and corresponding penalties.
LEGAL TECHNIQUE AND LOGIC
Recitations and lectures;
2 hours a week;
2 units / A course on the methods of reasoning, syllogisms, arguments and expositions, deductions, the truth table demonstrating invalidity and inconsistency of arguments. It also includes the logical organization of legal language and logical testing of judicial reasoning.
BASIC LEGAL ETHICS
Cases, recitations and lectures;
3 hours a week;
3 units / A course that focuses on the canons of legal ethics involving the duties and responsibilities of the lawyer with respect to the public or society, the bar or legal profession, the courts and client.
Second Year – First Semester
PROPERTY
Cases, recitations and lectures;
4 hours a week;
4 units / The study of different kinds of property, the elements and characteristics of ownership, possession, usufruct, easements or servitudes, nuisance, and the different modes of acquiring ownership.
SALES
Cases, recitations and lectures;
2 hours a week;
2 units / An in-depth consideration of the provisions of the Civil Code on the contract of sale, its nature and form, the obligation of the vendor and the vendee, warranties, remedies against breach of contract, and conventional and legal redemption. The course includes assignment of credits and incorporeal rights, the Bulk Sales Law, and the Nationalization Law.
CRIMINAL PROCEDURE
Cases, recitations and lectures;
3 hours a week;
3 units / A study of the procedural rules governing the trial and disposition of criminal cases in court including jurisdiction of courts in criminal cases.
LABOR LAW I
Cases, recitations and lectures;
3 hours a week;
3 units / An introduction to Philippine Labor Laws and covers the Preliminary Title, Pre-Employment (Book I) and 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 law on 13th month pay, paternity leave, protection and welfare of women workers, sexual harassment, and child abuse; Book IV on Health, safety and Social Welfare Benefits, including the law on the Social Security System, the Government Service Insurance System, and PhilHealth.
AGRARIAN LAW AND
SOCIAL LEGISLATION
Cases, recitations and lectures;
2 hours a week;
2 units / A study of Presidential Decree No. 27, the Comprehensive Agrarian Reform Program and related laws and regulations, and the Special Security Act and the Government Service Insurance Act.
LAND TITLES AND DEEDS
Cases, recitations and lectures;
2 hours a week;
2 units / The system and method of registration of real property under Act 496 as amended by P.D. No. 1529 otherwise known as The Land Registration Decree including registration under Cadastral Law. It also includes registration of deeds involving registered property.
HUMAN RIGHTS LAW
Cases, recitations and lectures;
2 hours a week;
2 units / Study focused on the aspects of protecting, defending and seeking redress for violations of human rights in the Philippines.
NATURAL RESOURCES AND
ENVIRONMENTAL LAW
Cases, recitations and lectures;
3 hours a week;
3 units / A study of the constitutional provisions and special laws governing natural resources their use and disposition. The study includes existing laws protecting the environment and the ecosystem and prevailing rules against despoliation of the environment.
Second Year – Second Semester
CIVIL PROCEDURE
Cases, recitations and lectures;
4 hours a week;
4 units / A study of the law on jurisdiction of courts in civil actions and Rules 1 to 71 of the 1997 Rules of Civil Procedure. These rules cover ordinary Civil Actions, Provisional Remedies and Special Civil Actions. The study of the rules is supplemented by a study of applicable jurisprudence.
NEGOTIABLE INSTRUMENTS
Cases, recitations and lectures;
3 hours a week;
3 units / The course is the study of the statutory provisions governing negotiable instruments which is mainly the Negotiable Instruments Law, as well as the applicable provisions of the Code of Commerce.
CREDIT TRANSACTIONS
Cases, recitations and lectures;
3 hours a week;
3 units / A study of the laws governing loans and deposits, including mortgages, pledge, antichresis, guaranty, sureties and other securities or collaterals.
Third Year – First Semester
SUCCESSION
Cases, recitations and lectures;
4 hours a week;
4 units / A detailed examination and analysis 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.
AGENCY, TRUST AND PARTNERSHIP
Cases, recitations and lectures;
3 hours;
3 units / A course combining the laws on Agency (Title X), Partnership (Title IX) and Trusts (Title V) of the Civil Code.
TAXATION I
Cases, recitations and lectures;
3 hours a week;
3 units / The general principles of taxation and statutory provisions on income taxation, including pertinent revenue regulations.
TRANSPORTATION
Cases, recitations and lectures;
2 hours a week;
2 units / A study of the general principles and basic regulations governing carriers (land, air and sea) of persons and goods.
INSURANCE
Cases, recitations and lectures;
2 hours a week;
2 units / 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 of insurance and government regulations of the insurance business.
CONFLICT OF LAWS
Cases, recitations and lectures;
2 hours a week;
2 units / A course dealing with legal transactions with emphasis on the choice of law, including problems on jurisdiction and the recognition and enforcement of foreign judgments.
LEGAL MEDICINES
Recitations and lectures;
1 hour a week;
1 unit / An overview of the principles relating to medico-legal cases, including the procedure of presenting and examining a medical expert witness.
Third Year – Second Semester
EVIDENCE
Cases, recitations and lectures;
4 hours a week;
4 units / A course which looks into the rules of presentation, admissibility, and weight and sufficiency of evidence, including burden of proof and presumptions.
CORPORATION LAW
Cases, recitations and lectures;
4 hours;
4 units / A study of the Corporation Code and other special laws governing private corporations, including foreign corporations and the concept of doing business in the Philippines. The course includes in-depth analysis of the applicable common law and commercial principles underlying the various relationships in the corporate setting, with emphasis on the corporation being a medium for business enterprise and a means of providing for the equity investment market. The course includes the study of the pertinent provisions of The Securities Regulation Code.
TAXATION II
Cases, recitations and lectures;
3 hours a week;
3 units / A study of the concepts and general principles of transfer (estate and donor’s), tax, specific, business percentage, amusement, and miscellaneous taxes provided for in the National Internal
Revenue Code, including general principles on tariff and customs duties.
SPECIAL PROCEEDINGS
Cases, recitations and lectures;
2 hours a week;
2 units / A study of Rules 72-109 of the Revised Rules of Court dealing with the procedural rules on the settlement of estate, will, letters testamentary and administration, escheats, guardianship, appointment of trustees, adoption, change of name, cancellation and correction of entries in the Civil Registry and appeals in special proceedings.