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INTRODUCTION TO LAW

First Trimester, AY 2013-2014 Prof. Pura Ferrer-Calleja

COURSE OUTLINE A. Introduction

1. Law and its sources 2. Filipino concept of justice 3. Historical evolution of Philippine law 4. Influence of the worlds legal systems on the Philippine legal system

B. Rule of law, access to justice and developmental legal advocacy C. Philippine legal institutions

1. Executive branch 2. Legislative branch 3. Judiciary 4. The bar 5. Bar associations and professional associations

D. The legal profession E. Reflection: Justice, law, human rights and you REFERENCES: Suarez, Rolando A., INTRODUCTION TO LAW (2013 Edition) Gamboa, Melquiades J. An Introduction to Philippine Law Coquia, Jorge R. LEGAL PROFESSION: An Introduction for Law Students and Young Lawyers of the 21st Century (2003) Diokno, Jose W. Developmental Legal Aid in Rural ASEAN: Problems and Prospects (handout) Diokno, Jose W. Legal Aid and Development (handout) Free Legal Assistance Group, Theory and Practice of Developmental Legal Advocacy in the Philippines" (handout) Gupit Jr., Fortunato and Martinez, Daniel. A GUIDE TO PHILIPPINE LEGAL MATERIALS (1993) Declaration on the Right to Development adopted by General Assembly Resolution 41/128 of 4 December 1986 (handout) Other materials may be assigned during the course, and specific reading assignments will be given one week before the topics will be taken up. Some classes may be substituted with alternatives when deemed more beneficial. 1st. Session: 29 May 2013 1.1 Preliminaries: (10 minutes)

> Course objectives; > Explain teaching methodology; > Expected output from the course; > Grading system; and, > House Rules.

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Below is the grading system being adopted by the college.

rating COL-grading system

Below is the grading system being adopted by the college. rating COL-grading system

99-100 4.00 97-98 3.75 95-96 3.50 93-94 3.25 91-92 3.00 89-90 2.75 87-88 2.50 85-86 2.25 83-84 2.00 81-82 1.75 79-80 1.50 77-78 1.25 75-76 1.00

1.2 Overview of the legal system in the Philippines.

> Hierarchy of courts; the department of Justice; Role of the Public Attorneys office; > Simplified flowchart of a typical civil case; > Simplified flowchart of a typical criminal case; distinction between a complaint and an information; > Distinction between original and appellate jurisdiction;

1.3. For the next session, read: Chapter I, Suarez, Introduction to Law. 2nd. Session: 5 June 2013 2. Group/class discussion of the origins, sources of law, classification of law.

Definition of law; in general sense any rule of action; or norm of conduct; may apply to divine law; phusical law, state law, etc.; strict legal sense a rule of conduct, just and obligatory, laid down by legitimate authority for common observance and benefit.

Touch on History: Pre-Spanish Period; Spanish Times; Post Spanish Times; under Martial Law. How each era affected the development of Law;

2.1 For next session, read: - Chapter II of Suarez, Introduction to Law

3rd. Session: 12 June 2013 3. Group/class discussion:

Legal systems that existed in the different countries of the world:

The Mesopotamian Legal System;

The Anglican Legal System;

The Egyptian Legal System;

The Romanesque Legal System;

The Hebrew Legal System;

The Eccleistical Legal system

The Chinese Legal System

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The Maritime Legal System;

The Slavic Legal System;

The Greek Legal System;

The Roman Legal System*

The Keltic Legal System;

The Japanese Legal system; and,

The Mohammedan Legal System.

ROMAN LAW

Importance of Roman Law; influence on our Civil Law

Some Latin maxims in use in our jurisdiction.

How it facilitates understanding/solving some complex problems in modern society.

Three periods of Romes Political History

COMMON LAW

Sources;

Countries using common law MOHAMMEDAN LAW

Sources;

Countries using Mohammedan Law.

3.1 For next session, read: Chapter III, Suarez - Law and its Application

4th Session 19 June 2013 4. Mini-lecture; class discussion.

Law and its application. > Duty of courts to decide every case; > Interpretation/statutory construction of laws; > Intrinsic; extrinsic guides; > Jurisprudence > Effect of Judicial interpretation of the law 4.1 For next session, read: Chapter II, Jeorge R. Coquia, Legal Profession Chapter IV, Suarez, Introduction to Law

5th Session 26 June 2013 5. Mini-lecture; class discussion

History of the Legal Profession

English setting;

English and American settings, compared;

Law education in the Philippines

Situation before there were no law schools; no bar exams;

History of the legal profession

Qualities of a good lawyer

Social/moral Responsibilities of the lawyer

Draw experiences from current events, recent past.

Personal objectives in getting a legal education

Law and the State; the individual and society as a whole;

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Draw sample incidents from the class; discuss; 5.1. For next session, read: Chapter IV, Suarez Chapter III, Coquia Cases to be assigned. Discuss options other than Mid-term exams.

6th Session 3 July 2013 6. Mini-lecture; class discussion.

Nature and meaning of the legal profession

Public responsibility;

Social significance of Professional Ethics

The Legal Profesison:

Qualifications; admission to the bar. 6.1. For next session, read: Chapter V, Suarez; Chapter V, Coquia (May be assigned to groups);

7th Session 10 July 2013 (MID-TERM) 7. Mini-lecture; class discussion. (option: group reports)

Social/public responsibilities of the lawyer;

Discuss objectives of bar integration;

Code of professional responsibility. 7.1 For next session, read: Chapters VI; VII, Suarez.

8th Session 17 July 2013 8. Mini-lecture; class discussion. (option: group reports)

Persons;

Concept and nature of marriage; 8.1 For next session, read: Chapters VIII; IX, Coquia. Cases: to be assigned.

9th Session 24 July 2013 9. MIni-lectrure; class discussion. (option: group report.)

Family; rights and obligations;

Property: acquisition; ownership;

Classification; effects of possession

9.1 For next session, read: Chapter X, Coquia.

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Cases (to be assigned)

10th Session 31 July 2013 10. Mini-lecture; class discussion.

General principles: obligations and contracts;

Sources of obligations;

Damages;

Negligence

10.1 For next session, read: Chapter XI, Coquia Cases: (to be assigned)

11th Session 7 August 2013 11. Mini-lecture; class discussion

Special contracts;

Sale;

Agency;

Partnership;

Loan;

Pledge/Mortgage;

Common Carriers

Cases 11.1 For next session, read: Chapters XII; XIII, Coquia

12th Session 14 August 2013 12. Mini-lecture; class discussion;

Concept of succession; Characteristics of a will;

Torts and damages; Tests to determine negligence; Proximate cause;

Moral and exemplary damages 12.1. For next session, read: Diokno, Jose W. Developmental Legal Aid in Rural ASEAN: Problems and Prospects (handout) Diokno, Jose W. Legal Aid and Development (handout) Free Legal Assistance Group, Theory and Practice of Developmental Legal Advocacy in the Philippines" (handout)

13th Session: 21 August 2013 13. Mini-lecture; class discussion; Group/individual report.

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Developmental Legal Aid; its relevance.

14th Session: 28 August 2013 FINAL EXAMS