3rd year subjects

Succession
Legal Forms
Business Organization
Legal Counseling
Taxation 1
Provisional Remedies
Evidence
International Business Transactions

19 units

2007 PHILIPPINE BAR exam result

Thanks to jehz and also to winston for sharing with me the list of successful examinees of the 2007 Philippine Bar examination.

The link I gave you earlier was wrong.. Hehehe.. I've updated it already...

To download the list, click here.

Congratulations to the new lawyers!

Summer Break!

I don't opt to enroll during the summer classes. But there are already open subjects at UM Law School for this summer:

Land Titles and Deeds
Legal Profession
Environmental Law
Conflict of Laws
Labor Standards

Summers class starts on April 7....

As for me............ April is the suicide audit season so I will never have the chance to study for summer... I think that's a good thing, though.. I NEED A BREAK! Hahaha!

Only one more exam to go (Sales, tomorrow....) and my summer vacation would officially start.. Whoooohoooooh!

Social Legislation Finals

Here are the links to the pertinent laws which shall form part of the coverage for our Social Legislation Exams this Saturday, March 15.

For document file:

Comprehensive Agrarian Reform Law

Paternity Leave Law

Anti-Sexual Harassment Law

Administrative Law

Click to view.


No, I am not sure about this. But this is how I understood it.

Administrative Adjudication

Governing laws/rules

1. Rule 14 of the Omnibus Rules Implementing Book V of EO 292
2. Ombudsman Administrative Order No. 17
3. Sec. 63 of RA 7160
4. Book VII of EO 292

Rule 14 of the Omnibus Rules Implementing Book V of EO 292 supplementarily applies to all administrative agencies, unless otherwise stated in their rules of procedure.

The Ombudsman has concurrent jurisdiction over all administrative investigation upon all public officers/officials in the government except:

1. those removable by impeachment (President, Vice President, etc.)
2. members of the judiciary
3. members of congress

Why is it given concurrent jurisdiction? “To insulate the said officials from the long tentacles of officialdom that are able to penetrate the judge’s and fiscal’s offices and others involved in the prosecution of erring public officials, and through the exertion of official pressures and influence, quash, delay or dismiss investigations into malfeasance and misfeasance committed by public officials.” –Vasquez vs Alinio, April 1997

7 Books of the Administrative Code of 1987:

Book 1: Sovereignty and General Administration

Book 2: Distribution of Powers of the Government

Book 3: Office of the President

Book 4: The Executive Branch

Book 5: Constitutional Commissions

Book 6: National Government Budgeting

Book 7: Administrative Procedure

Social Legislation - Employees Compensation Law

Overview

Workmen's Compensation - those laws providing for compensation for loss resulting from the injury, disablement or death of workmen through industrial accident, casualty or disease

Compensation - the money relief afforded according to the scale established under the statute, as differentiated from compensatory damages recoverable in an action at law for breach of contract or for a tort

General purposes of workmen's compensation:

1. to improve the economic status of workers
2. to obviate the uncertainties, delay, expense, and hardship attendant upon the enforcement of court remedies
3. to transfer from the worker to the industry in which he is employed, and ultimately to the public, a greater proportion of the economic loss due to industrial accidents and injuries
4. to improve the relationship between the employees and employers by reducing the friction incident to litigation
5. to provide, not only for employees a remedy which is both expedition and independent of proof of fault, but also for employers a liability which is limited and determinate

Effectivity of PD 626 - January 1, 1975

Injury - any harmful change in the human organism from any accident arising out of and in the course of employment

Arising out of and in the course of employment - if the employment is one of the contributing causes without which the accident which actually happened would not have happened; it must have happened:

1. within the period of employment;
2. at the place where the employee reasonably may be in the performance of his duties; and
3. while he is fulfilling those duties or engaged in the furtherance of employer's business

24-hour Duty Doctrine - requires work connection; should not be sweepingly applied to all acts and circumstances but only to those which, although not on official line of duty, are nonetheless in the nature and character of their work

Policy on Military on "Pass" or "On Leave" (source: http://www.ecc.gov.ph/policies.htm)

Board Resolution No. 03-020014 issued on July 5, 1988.

Any disability or death resulting from illnesses or injuries suffered by members of the military while they were "on leave" or "on pass" shall be compensable under the following circumstances:

3.1 While the soldier was "on pass" for a period not exceeding seventy-two (72) hours
3.2 While the soldier is on rest and recreation, which is considered part of the soldier's military activities, after the soldier had gone on actual combat duty, as duly certified to by the proper commanding officer concerned; and
3.3 While the soldier was on academic leave, provided that the particular field of study had been approved and paid for by the military, or other agencies the military had sanctioned officially.

3.4 The disability or death of a soldier in the following circumstances is deemed not compensable:
3.4.1 While the soldier was on furlough or on leave, he or she is considered absent from military duties;
3.4.2 While the soldier was on sick, convalescent, or compassionate leave, except when the leave had been due to work-connected illnesses or injuries;
3.4.3 While the soldier was on maternity, paternity or graduation leave; and
3.4.4 When the soldier is considered on "AWOL" status;

3.5 The judgment of compensability apropos to the foregoing cases is subject to the general limitations provided for in Article 172 of the Labor Code of the Philippines; as amended; specifically, that the disability or death had not been occassioned by intoxication, notorious negligence and willfull intention of the soldier to kill himself, or another. Moreover, the sickness or injury should not have arisen from participation or involvement in a criminal offense, whether consummated or not; and
3.6 The aforecited guidelines notwithstanding, the disability or death of the soldier is also subject to the policy on "presumptive compensability" governing contingencies of members of the Armed Forces of the Republic of the Philippines (AFP), as contained in Board Resolution 3906, ECC, dated July 1988; and

"Resolved, Finally, that a copy of this issuance be furnished all concerned institutions, agencies or parties, for their information and proper guidance

Unanimously approved: Makati, Metro Manila, 11 February 1993.

Proximity Cause - where the injury is shown to have arisen in the course of employment, every natural consequence that flows from the injury likewise arises out of the employment, unless it is the result of an independent intervening cause attributable to claimant's own negligence or misconduct

Ingress/Egress Proximity Rule (Going and Coming Rule)
In the absence of special circumstances, an employee injured in, going to, or coming from, his place of work is excluded from the benefits of workmen's compensation act EXCEPT:

1. where the employee is proceeding to or from his work on the premises of his employer
2. where the employee is about to enter or about to leave the premises of his employer by way of the exclusive or customary way of ingress/egress
3. while the employee is charged, while on his way to or from his place of employment or at his home, or during his employment, with some duty or special errand connected with his employment
4. where the employer, as an incident of employment, provides the means of transportain to and from the place of employment

"Going to and Coming From The Place Of Work" Rule (source: http://www.ecc.gov.ph/policies.htm)

Board Resolution No. 3914-A issued on July 5, 1988.

• Injuries or death suffered by employees resulting from an accident while enroute to or coming from the workplace are compensable provided that the following conditions shall be established definitively:
• The act of an employee, going to or coming from the workplace, must have been a continuing act, that is, an employee had not been diverted therefrom by any other activity, and he/she had not departed from his/her usual route to or from his/her workplace; and
• In the case of an employee on special errand, the special errand must have been official and in connection with his/her work.

Incidents of employment:

1. acts of personal ministration for the comfort or convenience of the employee
2. acts for the benefit of the employer
3. acts done to further the goodwill of the business
4. slight deviations from work, out of curiosity or otherwise (Friendster?)
5. acts in emergencies

Social Legislation

The Examination for Social Legislation under Atty. EJ Bonocan will be on Saturday, February 2, 2007. I was absent yesterday so I basically just lost the chance of objecting from such exam date! Arrgh!!! Notes will be posted on or before Thursday, that's a promise.

Coverage will be:

1. GSIS Law
2. SSS Law
3. EC Law

Civil Procedure Assignment 01/22/08

1. What are the 2 kinds of execution?
2. May an execution issue upon an interlocutory order?
3. What is a final order?
4. What is an interlocutory order?
5. What is the effect of a timely appeal on the judgment appealed from?
6. How may a final and executory judgment be enforced?
7. What court must execution be filed?
8. What is the remedy of the judgment obligee if the trial court refuses to issue writ?
9. What are the instances where even if judgment is already final and executory, court may still refuse to issue writ?
10. What is a dormant judgment?
11. What is the remedy if judgment is not executed within 5 years?
12. What are the requisites pending appeal?
13. What court should the motion pending appeal be filed?
14. May execution pending appeal be stayed? How?
15. Cite reasons that may justify execution pending appeal.
16. How may execution be enforced in case of death of a party?
17. Who is a third party claimant?
18. What is a third party claim? A claim by the civil defendant/respondent against a party not already named in a court or other adversarial proceeding.
19. Is there a right of redemption when the property of the judgment debtor has been sold?
20. Who can redeem?
    

Administrative Code of 1987

For administrative law midterms (under Dean Manriquez), get a copy of the Administrative Code of 1987.


view full text of Administrative Code of 1987

Good luck!

Civil Procedure Assignment

Assignment for January 8-11, 2007:

Read Rule 17 to 21.

1. What is the effect of two-dismissal rule?
• The second dismissal shall be with prejudice
• Two dismissal rule - when the same complain had been twice dismissed by the plaintiff simply by filing a notice of dismissal nder Sec. 1 Rule 17, th second dismissal shall be with prejudice.
  
2. May the court dismiss the complaint on the complainant's motion?
• Yes, on the following grounds:
1. the plaintiff fails to appear on the date of the presentation of his evidence-in-chief on the complaint (o.k.a. plaintiff is NON-SUITED)
2. the plaintiff fails to prosecute his action for an unreasonable length of time
3. the plaintiff fails to comply with the Rules of Court
4. the plaintiff fails to comply with any order of the Court
3. May the court dismiss the complaint on the plaintiff's motion?
• Yes, by filing a:
1. Notice of Dismissal - if the defendant's answer or counterclain has not yet been filed
2. Motion to Dismiss - if the defendant's answe or counterclaim has already been filed
   
4. What is the effect of dismissal by the court where there is no statement "with prejudice"?
• It depends
1. It shall be without prejudice if the dismissal was upon notice by the plaintiff, except when the dismissal operates as an adjudication upon the merits (Rule 17, Sec. 1)
2. It shall be without prejudice if the dismissal was upon motion by the plaintiff (Rule 17, Sec. 2)
3. It shall be with prejudice if the dismissal is ion motion by the defendant, or upon the court motu propio, on the grounds due to plaintiff's fault(Rule 17, Sec. 3)
   
5. What is pretrial?
6. What is the purpose of pretrial?
7. What is the effect of failure to mark exhibits during the pretrial?
   
8. What is the effect of failure by the plaintiff to appear at the pretrial conference?
   
9. What is the effect of failure by the defendant to appear at the pretrial conference?
10. Can the court set the pretrial?
11. What is a pretrial brief?
12. What is a pretrial order?
13. What is a motion for intervention?
14. Who may intervene?
15. What are the requisites for intervention?
16. What is a subpoena?
17. What are the different kinds of subpoena?
18. What do you mean by the 100-km rule?
19. Who may serve the subpoena?
20. What is the effect of disobedience to subpoena?