AN ELECTIVES PRIMER FOR JUNIORS[1]

Second Semester, A.Y. 2008-2009

 

PRELIMINARIES:

 

1. Only Junior and Senior students are qualified to enroll in Elective Courses, subject to compliance with prerequisite rules pertaining to each course, and subject to the following priority scheme on enrollment period:

 

a)      Senior students as early registrants, shall be given 60% of the allotted slot for each Elective Course offered in the semester, with the remaining 40% allotted for Junior enrollees; no quota for Senior students shall apply to Labor Law Review and Taxation Law Review;

 

x x x

 

2. Junior students are required to take FIVE (5) units of elective course in each of the semesters; while Senior students are required to take SIX (6) units of elective courses in each semester.

 

3. Elective Courses shall have an optimum class size of 30 students, unless the Dean, for special reason, shall allow in writing the acceptance of more students in any particular elective course.

 

4. No Elective Course shall be offered in a semester unless a minimum of twelve (12) students enroll in such course.

 

5. Due to the inherent limitation on available Elective Courses, enrollment for Elective Courses shall comply with the published schedule for enrollment for the Junior and Senior levels, on a “first come, first served” basis, and there shall be no priority reservation given to any student or group of students (save for the exceptions provided by the Rules for early registrants).

 

Elective Courses Offered

Second Semester, A.Y. 2008-2009

 

 

Immigration Law and Procedure (1 unit)

Atty. Aguilar

Fri 5-6pm

 

FEEDBACK:

 

·         “He gives VERY VERY low grades and even failed a couple of seniors. Not recommended.”

 

Legal Accounting (1 unit)

Atty. Macatangay

Sat 4-5 pm

 

Legal Accounting (1 unit)

Atty. Mansibang

 

Legal Counselling (1 unit)

Atty. Villareal 

Fri 3-4 pm

 

The course is designed to teach basic principles of accounting to enable the law student to understand the principles of books used by merchants and the financial statements of business organizations.

 

FEEDBACK:

 

• “Mostly group work. There is light recit na never graded. Take this class for practical reasons, because you will learn how to form your firm. Lowest grade is an 87. Finals and midterms are group work. Matrabaho din.”
• “Mataas magbigay ng grade, high 80s, 85 yata pinakamababa. No recits. No written exams. Gagawa kayo ng law firm as a group then you will handle clients. Pero dahil matrabaho, parang equivalent sa 1 million units siya kasi sobrang kain sa oras ang mga group work.”
• “Group activities lahat dito. You'll be like a real law firm who meets clients and writes legal opinions. Magandang elective. No recits, may times lang na sir would ask you about how you feel or about your learnings. Grades are high 80s.”

 

Special Penal Laws (1 unit)

Justice Peralta

Sat 2 - 3 pm

 

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 wiretapping and related violations of privacy of communication, the Carnapping Law, the Gambling Law, and the Cattle Rustling Act.

 

FEEDBACK:

 

• “Magaling. No recits. No cases. Puro lecture but hindi ka aantukin sa lectures. Makinig ka lang, papasa ka sa exams. Class' average grade was 88. Wala nang binabagsak.”
• “He's very good, just make sure to take down notes during class.”
• “We were a big class so he couldn’t conduct recits. He kept his promise that he won’t fail anyone. Of course lowest grade is still 75.”

 

Special Penal Laws (1 unit)

Judge Pimentel

Sat 2 - 3 pm

 

FEEDBACK:

 

• “No recits, solely lecture. Relatively easy exams but you really need to self-study.”
• “Light workload, Judge P is very nice and accommodating; all you need to do is pass the midterm and final exams.”
• “Just read lang for the exams. Check out the past exams to have an idea on what he asks, sometimes he repeats questions.”
• “Midterms was ok, finals was harder. You'll learn as long as you listen to the lectures.”
• “Aside from no recits, ok ang exams and so far yung midterms namin lahat 90s ang grade. Subject is very useful.”
• Recommended.

 

Tax on Mergers and Acquisitions (1 unit)

Atty. Baniqued

Thurs 1-2 pm

 

            The course is a follow-up to the Merger and Acquisition course in the first semester, and will cover the rules on taxation of sales or exchanges of property, corporate reorganizations and non-recognition transactions (i.e. tax-free exchanges, upstream and downstream mergers, consolidations and de facto mergers), practical applications of related substantive rules (i.e. effects of assumption of liabilities, requirement of bona fide business purpose, and “continuity of interest”), discussions of the related administrative requirements, and other related topics, such as “step transaction” doctrine, carry-over of tax attributes, and use of zonal value.

 

Trade Unionism (1 unit)

Atty. Casis

Fri 1-2 pm

 

            A study of the labor situation, the basis of trade unionism, including applicable constitutional and labor provisions, the ILO Conventions and UN Declarations, it will trace the history of the Philippine Labor movement and will deal with the processes and techniques in organization of workers, as well as tactics used in management to counter unionism, it also includes a study of concerted actions and strikes, as well as the political spectrum of the labor movement.

 

FEEDBACK:

 

• “Lecture every meeting, no readings at all.  Parang review ng labor law.  Sometimes, may group activities.  For both midterms and finals, papers lang.  As to the grades, I have no idea kasi up to now wala pa akong grade.”
• “Light load, paper for Finals, basically practical side of Labor 2 (e.g. make union application, Group activities, etc)”

 

 

Clinical Legal Education 2 (2 units)

Atty. Vallente 

Fri 12-2 pm

 

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. The course will include the use of video equipments and computers to enhance training in direct and cross-examination techniques.

 

FEEDBACK:

 

• “Sobrang okay yung experience. Plus counted as internship (120 hours). Useful ang mga info na malalaman mo dito.”
• “May 2 hour duty every week aside from the CLED class. No recits, pero may groupwork. Midterms and Finals groupwork din take home pa.”

 

Clinical Legal Education 2 (2 units)

Atty. Sembrano  

Fri 12-2 pm

 

FEEDBACK:

 

• “Workload depends on the case assigned to you. This is good for those who lack number of hours for internship.”
• “Matrabaho but you will learn a lot since you will be handling real cases. Work hard and you'll get what you deserve. No midterms and finals.”
• “Very heavy load plus you have to do two-hour-per-week duties at the CLED room. BUT it's very fulfilling and you'll learn a lot from the class and from Atty. Sembrano. You'll be handling REAL, ACTUAL cases, draft pleadings, appear in court (like NLRC) for certain cases. Sir daw usually gives really high grades as long as you do all the requirements. Atty. Sembrano is really nice.”

 

Collective Bargaining Agreement (2 units)

Atty. Cadiz

Tues 12-2 pm

 

            An introduction to the collective bargaining process, negotiations, mediation and arbitration as experienced in both the private and government sectors, with emphasis on practice.

 

FEEDBACK:

 

• “The class will be divided in to two groups for a mock CBA”
• “Reporting on alternative dispute resolution. No midterms. Final paper lang on any CBA /labor relations topic. Grade: ok naman mid to high-80s.”
• “The best to! No midterms. Finals, final paper lang. During class hours you'll bargain lang with one another (1 group kasi employer, the other group employees). Tapos ang taas pa magbigay ng grade!”

 

 

 

 

Consumer Protection Laws (2 units)

Atty. Gutierrez

Tues 12 - 2 pm

 

            A general overview of the pertinent provisions of the civil code on human Relations as applicable to consumer protection; a background on the law on torts as pertinent to civil liability in consumer protection and product liability cases; and a study of the following special legislations: Rent control Law, Price control Law, Ruth in Lending Act, generic Drugs Act, Food Drugs and Cosmetics Act, Laws on Fraudulent Advertising, Mislabelling or Misbranding, Price Tag Law, Business Name Law and the bulk Sales Law; and a study of the Code of Ethics, Rules and Regulations for Advertising and sales promotions, and the Rules and Regulations governing the Conduct and Promotion of Sales of Goods and Services.

 

FEEDBACK:

 

• “Recit every meeting but easy lang based on Consumer Protection Act Codal.  You'll be asked to give examples of those in the codal. Midterm Exams Based on the codal din, medyo mahirap but as it turned out ok naman yung midterm grades.  For finals you’ll just make a project, may be individual but sometimes he allows by group or pair.  High 80's yung usual grade.”
• “Light to moderate workload; we only got to discuss 1 law though - the Consumer Protection Act; he conducts recits, but usually rounds; midterm exam slightly difficult; project in lieu of final exams.”

 

Corporate Finance (2 units)

Atty. Cochingyan

Fri 7 - 9 pm

 

            The Course focuses on the nature of the legal relationships created by corporate finance transactions. Legal aspects of the various methods of financing a corporation will be examined, subjects covered will include: (a) capital formations, (b) debt security and preferred stock contracts, (c) convertibles, (d) corporate distributions, and (e) acquisitions. (Prerequisite: Corporation Law)

 

Corporate Practice (2 units)

Atty. Ceballos

Fri 2 - 4 pm

 

            A special elective course designed for students who intend to specialize in corporate practice after graduation and admission to the bar. The course seeks to give the students a practical approach to the study of corporations and to apply Corporation Law rules and principles to actual practice and procedure in corporate organizations and reorganizations. It includes a study of the steps and procedure for incorporation, amendment of articles and by-laws, increase or decrease of capital stock, mergers, consolidations, corporate buy-outs, dissolution and other methods of corporate reorganizations, it also includes a study of minutes preparation and corporate record keeping. (Prerequisite: Corporation Law).

 

FEEDBACK:

 

• “For those who had him for Provrem and Legform, same requirements lang.”
• “Recits sometimes after reporting. Reporting lang the whole sem. No midterms but super hirap ng finals.
• “We still have no grades pero mukhang nagbago na siya baka kasi mababa ang  grades namin.”
• “If student ka niya sa Forms or Prov Rem, halos same din yung setup - video, kick-ass powerpoint, the works. He's very passionate about CorPrac, so make sure that you've done more than enough research. You'll learn a lot if 1) you listen during the presentations; 2) study the Powerpoints; 3) have a good grasp of Corp Law. Mahirap and tricky yung finals, so better study.”
• “Take this elective! But hassle lang for a week or two during report. Medyo mahirap kung first or last group to report.”

 

Corporate Suspension of Payments, Rehab. & Insolvency (2 units)

Atty. De Castro

Tues 12 - 2 pm

 

 

Environmental Law (2 units)

Atty. Villegas

Tues 12 - 2 pm

 

A study of concepts and principles affecting environmental laws, including constitutional considerations and effects of legislations relating to the environment. Specifically, the course focuses on the population and human resources, food security, ecosystems resource for development, energy, industry, land, use and environmental litigation.

 

FEEDBACK:

 

• “Not so heavy. Recommended.”
• “No midterms but 3 long quizzes. Last year, 2 exams lang kasi nagka ACP. 1 exam for 1 law that you'll discuss. Recits, kahit hindi ka nagbasa, common sense yung questions. Rounds pa.”

 

Gender and the Law (2 units)

Attys. Sta. Maria, A/Sembrano

Fri 4 - 6 pm

 

            The course seeks to provide students with an understanding of gender equality and non-discrimination, feminist legal theories and international instruments relating to women’s rights will be examined and analyzed. Focus will also be gfiven to institutions that create, maintain and perpetuate gender inequalities, in particular the legal framework and how it contributes to the institutionalization of gender differences in the light of the challenges presented by legal pluralism. Special issues and concerns of women, e.g. violence against women (VAW), sexual harassment, reproductive rights, commodification of women, sexuality, feminization of labor and migration, women in armed conflict, and race and gender intersections, will be highlighted to provide illustrations of how discrimination against women occurs, students are expected to assess the effectiveness of national legislation and propose gender-sensitive legal responses to the existing issues.

 

FEEDBACK:

 

• “Different set of readings every week. May recits but parang no right or wrong answers naman. You can volunteer agad para you won't be called later on. May mga group activities din. Midterms was hard but for finals, paper lang.”
• “Highly recommended elective. High 80s-90s grades.”
• “We were asked to organize the Women's Week and we also did a benchbook.  Both groupwork naman so ok lang.”

 

IEL 2: European Business Law (2 units)

Atty. Padilla

Sat 1 - 3 pm

 

FEEDBACK:

 

• “The best elective ever!!! No attendance, no recits. Past exams, really high grades (high 80s), if you study the readings you can get 90s).”
• “IEL 1 is NOT a pre-req for this elective.”
• “Patience lang kailangan dito coz puro lectures lang.”
• “No recit. Lecture lang talaga.  Those na sanay sa Eco and Euro stuff, you'll enjoy this class siguro coz you can relate to what sir is talking about.  It's really more about the GATT and customs union and the EC (european community).”

 

IEL 2: Seminar on Current Issues on International Economic Law (2 units)

Attys. Abad/Candelaria/Gatdula, et al

 

Indigenous Peoples and the Law (2 units)

Atty. Candelaria

Sat 1 - 3 pm

 

            An analysis of the pre-conquest of many colonial states, including the Philippines, shows the existence of customary laws practiced by native inhabitants and indigenous systems of government. Indigenous peoples continue to suffer marginalization and displacement in different parts of the world. This course introduces the student (1) in general, to the development of the international protection for indigenous peoples and; (2) in particular, to the constitutional and domestic framework of protection for indigenous Filipinos. The course examines more closely international labor conventions of indigenous peoples and relevant international law decisions, considerable attention is also given to the New Indigenous People’s Rights Act (IPRA) if 1997, including the landmark decision of Cruz v. Secretary of DENR. A multi-disciplinary approach is applied in the course in order to enlighten the students about the impact of formal legal systems on the property rights and relations of indigenous peoples within their ancestral domains, including the traditional culture and practices.

 

Information Technology Law

Atty. Espiritu

 

International Environmental Litigation (2 units)

Dean La Viña

Tues 12 - 2 pm

 

International Moot Court (2 units)

Dean Roy 

Fri 7 - 9 pm

 

The course deals with the concepts, principles and theories of public international law, with emphasis on the sources of law, basic documents and current developments and trends in international law. Particular attention is given to analysis of the current problem of the Jessup International Law Moot Court Competition, including the developing of skills in problem analysis, issue identification, case theory formulation and memorial preparation. The course places importance on writing skills and oral argument, following the prescribed standards as an interactive seminar, relying more on panel and group discussions rather than individual recitation, but will require the students to actively engage in writing exercises.

 

FEEDBACK:

• “Very EXPENSIVE elective!”

 

International Taxation

Atty. Baniqued

Fri 7 - 9 pm

 

            A study of taxation of resident aliens, non-resident aliens, and foreign corporations and the tax treatment of foreign-sourced income of Filipino citizens and domestic corporations. Topics will include source-of-income rules, foreign tax credits, tax treaties, branch profits remittance tax, comparison of tax treatment of branch and subsidiary of a foreign corporation, withholding tax rules, and estate and gift tax as it affects aliens. (Prerequisite: Taxation I, Recommended: Taxation II)

 

Labor Law Review (2 units)

Atty. Manuel

Fri 7 - 9 pm

 

            An integration of Labor Standards and Labor Relations, including a survey of jurisprudence in Labor Law.

 

Law and Economics (2 units)

Atty. Carmona

Fri 4 - 6 pm

 

Law on Importation, Customs and Tariff (2 units)

Atty. Valera

Fri 12 - 2 pm

 

Local Government Finance Associate (2 units)

Dean Gruba

Tues 12 - 2 pm

 

Modes of Discovery

Justice Sundiam

Sat 12 - 2 pm

 

            A detailed and in-depth study of the Rules of Court provisions on depositions, written interrogatories, inspection of documents, things, lands, or other properties, physical and mental examination of persons and admission by adverse party, it focuses on the practical application of the rules of Court provisions, the methods employed, the pleadings and forms to be files, the manner in which discovery is obtained, and the propriety of obtaining discoveries.

 

Negotiation Seminar (2 units)

Atty. Aguinaldo

Fri 7 - 9 pm

 

            The course provides the students with an experience-based introduction to the theory and practice of negotiation, the course considers topics such as the nature of conflict and dispute, integrative and distributive bargaining, barriers agreement and ways to overcome such barriers, client relationships, negotiation skills such as listening, communication and persuasion, negotiation power, and the roles of culture, language and gender in negotiation, the course will largely utilize simulation and role-playing exercises as well as critiques and reflections on students’ experiences.

 

Provisional Remedies (2 units)

Atty. Certeza

Fri 4 - 6 pm

 

An intensive study of provisional reliefs under Rules 57-61 of the Rules of Court, including a survey of pertinent decisions of the Supreme Court. (Prerequisite: Corporation Law)

 

Public Corporations (2 units)

Justice Agra

Fri 1-3 pm

 

A study of the Local Government Code and general principles governing municipal corporations: the laws affecting the creation, organization and government of provinces, cities, municipalities, municipal districts, and barangays; the scope and application of the powers of municipal corporations, including municipal ordinances, contracts, liabilities, and enterprises.

 

Real Estate Transactions (2 units)

Atty. Cochingyan

Fri 4 - 6 pm

 

Refugee Law (2 units)

Atty. Sembrano

Fri 2-4 pm

 

            Armed conflict within and between states had given rise to the problem of exodus of people of different nationalities in order to avoid varied forms of persecution. International law instruments such as the 1951 Convention on Refugees and its 1967 Protocol, have been adopted to address this situation, the Philippines is a signatory state to these instruments had promulgated implementing measures by way of statutes determination procedure and employment standards in compliance with the Convention, this course aims (1) to provide the students with an overview of the history of the influx of Indo-Chinese Refugees in the ‘70s and ‘80s including the process of screening asylum-seekers during this period; (2) to examine the existing status determination procedure under Philippine law,; and (3) to discuss the current legal issues surrounding the implementation of other provisions of the convention, the course will utilize a Clinical Legal Education approach which will enable the students to be exposed to actual cases of refugee status determination before the Department of justice and naturalization proceedings.

 

Securities, Public Offerings & Stock Exchange Listings (2 units)

Atty. Ozaeta

Sat 3 - 5 pm

 

Seminar on Law & Political Philosophy: From Antiguity to Post-Modernity (2 units)

Fr. David

Fri 1 - 3 pm

 

Seminar on Public Legal Assistance (2 units)

CPP Rueda-Acosta

Fri 7 - 9 pm

 

FEEDBACK:

 

• “It’s fun and interesting. U.S. cases for recitation (there are recits but light lang) in class come in digests that he made. Midterms are fair. Finals group paper.”

 

Special Civil Action (2 units)

Atty. Diokno

Sat 1 - 3 pm

 

The course studies the provisions of the Rules of Court on special civil actions, such as actions for declaratory relief, certiorari, prohibition, mandamus, quo warranto, contempt, interpleader, expropriation, foreclosure of real estate mortgage, partition, and forcible entry or unlawful detainer, with reference to relevant provisions of the Civil Code and special laws.

 

FEEDBACK:

·         “No forced recit. We concentrated on the Writ of Amparo and Rule 65 pleadings. No midterms. Mabait.”

·         “He doesn’t check attendance. Kahit pasok ka lang sa last day. No midterms. No finals. But oral presentation sa isang case. Parang oral arguments sa SC. Usually SCA yung cases.”

·         “Mabait si Atty. Diokno. He assigns cases but there's no recit. No midterms and we had oral argumentation for finals. It's a light subject. Good to take if you're sched for the sem is heavy.”

 

Tax Law Review (2 units)

Attty. Salvador, S.

Fri 2 - 4 pm

 

            A general integration of principles of tax laws, including income, transfer, value-added and other business taxes. It also includes a review of local and real property taxation, as well as remedies available to both taxpayer and taxpaying authorities, and the basic principles of the tariff and customs code. Prerequisite: Taxation I and Taxation II.

 

Intellectual Property Law (3 units)

Attys. Lim, C/Sapalo/Negre

Thurs 12:30-4:00 pm

 

            The course, which is divided into three (3) modules, is a study of both international and local intellectual property laws, the first module, the law on Copyright, covers copyright ownership, exploitation and infringement, and copyright issues related to emerging technologies, e.g. the Internet, the second module, the law on Trademark, covers trademarks, goodwill and infringement; domain name issues and alternative dispute resolution, the third module shall be on Patent, which includes inventions, utility models and industrial designs; issues on Internet and business method patents; and Technology Transfer Arrangements, including compulsory and voluntary licensing.

 

FEEDBACK:

 

• “Medyo mabigat pero fair magbigay ng grades. If you work for it, high 80s or low 90s naman. Trabaho nga lang. If hindi, then you get what you deserve. You have 3 professors, medyo hassle ‘pag si Negre (trademark) since sobrang daming cases and detailed lagi ang recits. Pero mas may matututunan ka sa trademark than patents.”
• “No midterms, but you have 3 finals. 50% recit, 50% finals each for copyright, trademark, and patents.”
• “You have to be interested in this subject because the load is REALLY heavy, especially if you take it during third year. But it's a really good and relevant subject; I highly recommend it.”

 

 

 

 

SOME HELPFUL TIPS:

 

J In choosing electives, you should always consider your future area of specialization in the practice of law.

 

J It would be good if you could take electives that you could use for thesis writing. Some Elective Courses can actually give you ideas for thesis topics.

 

J Take Electives that will prep you for the Bar, especially those topics/ laws that are covered by the Bar but are not given as core subjects (ie. Banking, Intellectual Property)

 

J Electives, of course, also help in keeping your grades up in case you have very difficult core subjects.

 

J Electives are usually scheduled on Fridays or Saturdays. Friday really is meant to be an “Elective Day” and you won’t have any core subjects scheduled for Friday. But if the Electives you want to take are scheduled on days other than Friday or Saturday, then go for them, especially during first sem because during the first sem, it's still manageable to have an Elective class on a weekday (e.g. Tue or Wed). You can also do this in order to avoid heavy Fridays.

 

J Some electives are considered more difficult than some core subjects, so just make sure that you balance your Electives with your core subjects.

 

J Electives are the classes you are allowed to arrange yourself, so do it strategically.

 

J Get those electives that, although difficult, will refresh and substantiate your knowledge of previous subjects.

 

J In choosing Electives, also check which ones have Midterms and/ or Finals so that you can anticipate the potential schedule of your exams in order to avoid two or more exams on the same day or having day-after-day exams.

 

J Some Electives are offered during both first and second semester, so strategize in choosing your Electives so that you are not overburdened every sem.

 

 

(DISCLAIMER: These feedbacks on Elective Courses were given by students who have taken such classes. These are personal views, opinions and suggestions. These should not, in any way, be taken as an encapsulation of the essence of these Elective Courses. In the end, it is still you, my friend, who shall decide. Good Luck! J)