SST M8 Course Pack 3 PDF

DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI SSt M8 LAW RELATED STUDIES LEARNING MODUL...

DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI SSt M8 LAW RELATED STUDIES LEARNING MODULE SY 2020 - 2021 1  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI Course Name: Law Related Studies Course Description: The course helps students to understand basic laws relevant to enabling oneself in dealing with issues from birth to death. It also includes practical law, and para-legal skills. Pre-requisite: None Units: 3 Course Outline: PRELIM Unit 1: Introduction to Law and the Legal System Unit Requirements: Case Defense Week 1 Requirements: Check your Understanding Justice and Law in the Philippines Week 2 Requirements: Venn Diagramming Self-Reflect Week 3 Requirement: Jingle Writing PRE-MIDTERM Unit 2: Civil Justice System Unit Requirements: Case Analysis Week 4 Requirements: Think About It; Self-Check Week 5 Requirements: Think About It! Week 6 Requirements: Case Analysis MIDTERM Unit 3: Criminal Justice System Unit Requirements: Case Analysis Week 7 Requirements: Essay Week 8 Requirements: Written Quiz Week 9 Requirements: Case Analysis PRE-SEMI FINALS Unit 4: Torts and Damages 2  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI Unit Requirements: Case Analysis Week 10 Requirements: Acrostics Week 11 Requirements: Quiz Week 12 Requirements: Case Analysis SEMI FINALS Unit 5: Consumer Law Unit Requirements: Case Analysis Week 13 Requirements: Cite and Defend Week 14 Requirements: Check your Understanding; Self-Reflection Week 15 Requirements: Case Analysis FINALS Unit 6: Family Law Unit Requirements: Moot Court; Case Defense Week 16 Requirements: Graphic Organizer; Situational Analysis Week 17 Requirements: Essay Week 18 Requirements: Moot Court; Case Defense 3  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI Week 1 Unit 1: Introduction to Law and the Legal System Topic: The Nature of Law Learning Outcomes: 1. Define justice and law. 2. Trace the development of justice and law in the Philippines. Concept Digest What can you say about this statement? The statement of John Selden emphasized that no man is excused from the price of violating the law for the reason of not knowing the existence of such law. A person can still be held liable to the law even if you are ignorant of it. That is why it is important that everyone should know about the law. Definition of Law Law’ denotes different kinds of rules and principles. Law is an instrument, which regulates human conduct or behavior. From the viewpoint of the society, law means Justice, Morality, Reason, Order, and Righteous. From point of view of legislature, law means Statutes, Acts, Rules, Regulations, Orders, and Ordinances. From the point of view of Judges, law means Rules of court, Decrees, Judgment, Orders of courts, and Injunctions. Therefore, Law is a broader term which includes Acts, Statutes, Rules, Regulations, Orders, Ordinances, Justice, Morality, Reason, Righteous, Rules of court, Decrees, Judgment, Orders of courts, Injunctions, Tort, Jurisprudence, Legal theory, etc. In old English “Lagu” i.e. law, ordinance, rule, regulation from old norse “lagu” law collective Plural of “Lag” is layer, measure, stroke ‘Literally’ something laid down of fixed. The term law has different meanings in different places/societies at different times (as it is subject to amendments). In Hindu religion law implies “Dharma”; in Muhammadean religion (Islam) it is “Hokum”; in Roman its 4  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI “Jus”, in French it’s “Droit” in Arabic, Alqanoon, in Persian and Turkish, it’s Kunoon, in Latin it’s “Legam” in Philipino it’s “Batas” in Albanian language it’s “Ligj” in Czech it’s “Zakon” in Danish it’s “Lor” in Dutch it’s “Wet” in Italian it’s “Legge” and in Lithuanian it’s “Teise” and so on. It varies from place to place in the sense adultery is an offence in India (under section 497 of the Indian penal code, 1860) while it is no offence in America. Law differs from religion to religion in the sense personal laws viz. Hindu law, Muslim law etc. differ from one another. For instance, A Muslim can have four wives living at a time, but, a Hindu can have only one wife living at a time (Monogamy). If a Hindu male marries again during the life time of first wife he is declared guilty of the offence of bigamy and is Punishable under sec. 494. The law is subject to change with the change in society and also change in the Government/legislative through the amendments/Acts. Generally the term law is used to mean three things: a. It is used to mean “legal order”. It represents the regime of adjusting relations, and ordering conduct by the systematic application of the force of organized political society. b. Law means the whole body of legal precepts which exists in a politically organized society. c. Law is used to mean all official control in a politically organized society. This lead to actual administration of Justice as contrasted with the authoritative material for the Guidance of Judicial action. Law in its narrowest or strict sense is the civil law or the law of the land. It is very difficult to define the term law. Many Jurists attempted to define the term law. For the purpose of clarity, some of the definitions given by Jurists in different periods are categorized as follows: 1. Idealistic Definitions:- Romans and other ancient Jurists defined law in its idealistic nature. Roman Justinian’s defined law in the light of its idealistic nature. (a) Salmond: - According to Salmond “the law may be defined as the body of principles recognized and applied by the state in the administration of Justice. Criticism of Salmond’s definition of law:- Salmond did not define the expression Justice. Keeton says what has been considered to be just at one time has frequently not been so considered at another. Criticism by Dean Roscoe Pound: - Dean Roscoe Pound has criticized the definition of Salmond as reducing law to a mass of isolated decisions and the law in that sense to be an 5  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI organic whole. Further, it is criticized on the ground that Salmond’s definition applies only to lax law not to Statute. Despite criticism, Salmond’s definition is considered as the workable definition. (b) John Chipman Gray’s Definition of Law:- According to Gray, “the Law of the State or of any organized body of men is composed of the rules which the courts, that is the judicial organ of the body lays down for the determination of legal rights and duties. Criticism of Gray’s definition of law:- Gray’s definition is criticized on the Ground that he is not concerned with the nature of law rather than its Purposes and Ends. Further, it does not take into account the statute law. 2. Positivists definition:- (a) Austin’s definition of law” John Austin (1790-1859) An English Jurists expounded the concept of analytical positivism, making law as a command of sovereign backed by sanction. He developed logically, a structure of legal system in which he gave no place to values, morality, idealism and justice. According to Austin, a law, in the strict sense is a general command of the sovereign individual or the sovereign body. Issued to those in subjectivity and enforced by the physical power of the state. According to Austin “law is aggregate of rules set by men politically superior or sovereign to men as politically subject.” Austin says, “A law is command which obliges a person or persons to a course of conduct. Criticism of Austin’s definition of law:- Austin’s definition of law is subjected to criticism on the ground that it ignores completely the moral and ethical aspects of law and unduly Emphasized the imperative character of law. (b) Holland’s definition of law Thomas Erskine Holland, a reputed Jurist, who followed the Austin’s concept and nature of law attempted to define law as: law is a general rule of external human action enforced by a political sovereign. Holland also measures or defines law with preference to sovereign devoid of moral, ethical or ideal elements, which are foreign to law and jurisprudence. (c) John Erskine definition of law Law is the command of a sovereign, containing a common rule of life for his subjects and obliging them to obedience. (c) Hans Kelsan’s definition of Law According to Kelsan legal order is the hierarchy of the norms, every norm derive its validity from the superior norm and finally there is highest norm known as ground norm. (d) H.L.A.Hart 6  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI According to Hart Law is the combination of primary rules of obligations and secondary rules of recognition. 3. Realist definition of law It is a branch of sociological school. It studies law as it is in its actual working and effects. According to Georges Guroitch the neo-realistic school represents a violent reaction against the dominantly theological and moralizing orientation of “sociological jurisprudence” Holmes J., the realist considered the law to be a part of judicial process. He says, “that the prophesies of what the courts will do, in fact and nothing more pretentions, are what I mean by law. Origin of law Ancient Egyptian law, dating as far back as 3000 BC had a civil code that was probably broken into twelve books. It was based on the concept of Ma’at characterized by tradition rhetorical speech, social equality and impartiality by the 22nd century BC, ur-nammu an ancient Sumerian ruler, formulated the first law code consisting of casuistic statements (if…then…”). Around 1960 BC King Hammurabi further developed Babylonian law, by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as Stelae, for the entire public to see this became known as the codex Hammurabi. Ancient India and China represent distinct tradition of law, and had historically independent schools of legal theory and practice. The Arthashastra, dating from the 400 BC and the Manusmriti from 100 BCE were influential treatises in India, but this Hindu tradition, along with Islamic law was supplanted by the common law when India became part of British Empire. Malaysia, Brunei, Singapore and Hongkong also adopted the common law. Japan was the first country to begin modernizing its legal system along western lines by importing bits of the French but mostly the German Civil Code. Similarly, traditional Chinese law gave way to westernization towards the final years of the dynasty in the form of six private law codes based mainly on the Japanese modal of German law. One of the major legal systems developed during the Middle Ages was Islamic law and jurisprudence. During the classical period of Islamic law and jurisprudence “Hawala” and institution of law was an early informal transfer system which is mentioned in text of Islamic Jurisprudence as early as the 8th century. Hawala itself later influenced the development of the “Aval” in French civil law and Avallo in Italian law. Roman law was heavily influenced by Greek teachings. 7  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI Nature of law What is the nature of law? This question has occupied center stage jurisprudence and philosophy of law in the modern era, and has been the central occupation of contemporary analytic Jurisprudence. This entry in the legal theory Lexicon aims to give an overview of the “what is law” debate. Historically, the answer to the question, “what is Law” is thought to have two competing answers. The classical answer is provided by natural law theory, which is frequently characterized as asserting that there is an essential relationship between law and morality and Justice. The modern answer is provided by legal positivism, which as developed by John Austin, asserted that law is the command of the sovereign backed by the threat of punishment. Contemporary debates over the nature of law focus on a revised set of positions legal positivism is represented by Analytical legal positivists, like H.L.A Hart Joseph Raza and Jules Coleman. The natural law tradition is defined by John Punis and a new position, interpretivism is represented by the work of the late Ronald Dworkin. In some ways, the title of this lexicon entry is misleading because of focus on the “what is law” question as it has been approached by contemporary legal philosophers. There are other important perspectives on the nature of law that focus on law’s functions rather than the meaning of the concept for criteria of legal validity. For example, the sociological tradition includes important work on the nature of law by Max Weber and Niklas Lahumann. Functions of law Ever since the down of human civilization, mankind has had some sort of rule or that they used to govern itself in society laws set the standard in which we should live in if we want to be part of society. Law set up rules and regulations for society so that we can freedom, gives Justice to those who were wronged, and it set up that it protects us from our own government. Most significantly, the law also provides a mechanism to resolve disagreements arising from those duties and rights and allows parties to enforce promises in a court of law (Corley and Reed 1986 P.A) According to Corley and Reed (1986) law is a body of rules of action or conduct prescribed by controlling authority, and having legal binding forces. Laws are created because it helps prevent chaos from happening within the business environment and as well as society. In business, law sets guide lines regarding employment regulatory, compliance, even inter office regulations. 8  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI Role of law in Business: The rule of law plays an important role in the business world when set setting a business it is the laws that determine what type of business it is to become, and the structure is to be formed. Also, the law sets up a reasonable expectation on how the business should operate in order to protect the business owner’s interest of the customer of that business. The rule of law not only allows people to understand what is expected of them in their personal capacities but also set forth rules for business so that they, too know what is expected of them in their dealing and transactions ( Johnson & Lalu 2014) the law protects those who work for a business. It sets guideline of how to treat your employees, equal opportunities, pay scale, hours, breaks, benefits along with a host of other right privileges. In short, the laws for business create an honest environment where consumers and business owners interest can be protected and we have ways to solve of any disputes arise. If these laws are in any ways are violated it sets up Guidelines for punishment. Role of law in Society: Without law our society would be chaotic, uncivilized mess and anarchy would reign supreme. The role that law has in society is that it creates a norm of conducts in the society we live in. Laws are made to protect its citizen from harm. It is set in way that all citizens are given equal opportunity, protection from harm no matter your race, gender, religion and social standing. Under the law all its citizens are guaranteed equal protections. In society laws are made to promote the common good for everyone. Activities Title: Concept Webs Things to do: 1. Show the following concepts through concept webs or other graphic organizers. 2. Write a brief explanation on the space provided for. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 9  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI a. Meaning of Law ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ b. Functions of Law ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 10  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI c. Comparison between idealistic, positivistic, and realistic definitions of law. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Title: Timeline Things to do: 1. Draw a timeline that would show how the term law changed over time. 2. Answer the questions that follow. 11  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI Questions: a. Did the definition of law change over the years? If yes, explain the changes. If not, explain why the definition was static. ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ b. How is law link with justice? Explain. ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ Assessment Title: Check your Understanding Date of Submission: September 11, 2020 Rubric Used: Criteria will be used: Content- 5pts; Organization-3pts. Things to do: 1. Answer each of the following questions with not more than 5sentence 2. Write your answer on the space provided for. a. What is law? How did its definition evolved? ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ b. Explain each of the following views of law. b.1.Idealistic Definition _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ __________________________________________________ b.2. Positivistic Definition ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ 12  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI b.3. Realists Definition ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ Title: Justice and Law Date of Submission: September 11, 2020 Rubric used: Rubric for Essay Things to do: 1. Write an essay about the connection between justice and law. 2. Include also how you see justice and law in lieu of the Philippine setting. 3. Limit your essay to a maximum of 200 words. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ References: 1. https://scholar.google.com/scholar?um=1&ie=UTF- 8&lr&cites=3005298422617393327 date retrieved July 5, 2020 2. Richard Wollheim, 1953 retrieved from https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1467 -9248.1954.tb01019.x July 5, 2020 3. https://www.iep.utm.edu/natlaw/retrieved on July 5, 2020 13  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI Week 2 Unit 1: Introduction to Law and Legal System Topic: Types of Laws Learning Outcomes: 1. Distinguish the different types of laws. 2. Explain how these laws affect the lives of the people Concept Digest KINDS OF LAW A. Kinds of Law by Sir Jhon Salmond 1. Imperative law. Imperative law means a rule of action imposed upon by some authority which enforces obedience to it. In other words it is a command enforced by some superior power either physically or in any other form of compulsion. Kinds of Imperative law:- a. Divine laws are consists of the commands imposed by God upon men either by threats of punishment or by hope of his blessings. b. Human laws are the laws by analogy b.1. Imperative law imposed and enforced by State is called “Civil law” b.2. Imperative law imposed and enforced by members of society is “Moral law” b.3. Those imposed and enforced by different institutions or autonomous bodies like Universities, airline companies etc. they are called “Autonomic law” b.4. Those imposed upon States by the society of States are called “ International law” 2. Physical or scientific law Physical laws are the expressions of the a. Uniformities of nature and General Principles expressing the b. Regularity, and c. Harmony observable in the activities and operations of the universe. They are not the creation of men and cannot be changed by them. Human laws change from time to time and from country to country but physical laws are invariable forever. The uniform actions of human beings, such as law of psychology, also fall into this class they express not what man ought to do, but what they do. 14  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI 3. Practical or Technical law: It consists of principles and rules for the attainment of certain ends e.g. laws of health, laws of architecture. These rules guide us as to what we ought to do in order to attain certain ends. 4. Natural or Moral law: It has various other names such as, “the Moral law” “Divine law” “God Law” ‘universal or eternal law and “law of reason” etc. “by natural law is meant the principles of natural right and wrong (the Principles of natural Justice)”. Natural laws have been called: a. Divine law:- commands of God imposed upon men. b. Law of Reason i.e. being established by that reason by which the world is governed. c. Unwritten law:- (as being written not an brazen tables or a pillar of stone but by the finger of nature in the hearts of people. universal or common law (being of universal validity) d. Eternal law (being uncreated and invariable) e. Moral law (being the expression of the Principles of morality) 5. Conventional law: It is the body of rules agreed upon and followed by the concerned parties to regulate their mutual conduct. It is a form of special law and law for the parties, which can be made valid or enforced through an agreement. A Good example of the conventional law is the International law, laws of cricket or any other game, rules of club. It has been father divided into two groups which are: a. Rules enforced by the parties themselves but not recognized by the State e.g. the rules of hokey b. Rules which are recognized and enforced by the State, e.g. contract etc. 6. Customary law: Customary laws are those rules of custom that are habitually followed by the majority of the persons subject to them in the belief of binding nature. According to Salmond, customary law means “any rules of action which is actually observed by men (any rule which is the expression of some actual uniformity of voluntary action) “when a custom is firmly established it is enforced by the authority of the State. Custom is not law by itself but an important source of law only those customs acquired the force of law, which are recognized by the courts. 7. International law: According to “Hughes”, international law is the body of principles and rules, which civilized States, consider as 15  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI binding upon them in their mutual relations. “It can be as the name for the body of customary and conventional rules, which are considered legally binding by civilized States in their intercourse with each other”. According to Salmond it is considered of these rules which the sovereign States have agreed to observe in their dealings with one another. International agreements are of two types: a. Express agreements are contained in treaties and conventions b. Implied agreements are to be found in the custom or practice of the States. International law is of two kinds: 1. Public International law: It prevails universally all over the world. 2. Private International Law: It I enforced only between some of States. 8. Civil Law It is the law of the States regarding the land “Civil Law” according to the Salmond , is “the law of State of or the law of the land, the law of lawyers and the law of the courts”. Civil law is the positive law, or law of the land, which means the law as it exists. It is backed by the force and might of the State for purposes of enforcement. Civil law differs from special law as the latter applies only in special circumstances the other term is used for the civil law is Municipal Law and national law. CLASSIFICATION OF LAW 1. International Law The legal Process that concerns legal relations among nations is called international law. Belief and experience some form international law dates from at least the days of the Roman Empire. The United Nation is of the primary mechanism that articulate and create international law. The major sources of international law are multilateral treaties, international custom and such general principles are recognized by civilized nations. International law may be divided into two classes. a. Public international law is that body of rules which govern the conduct and relations of States with others. b. Private international law means those rules and principles according to which the cases having foreign element are decided. For example, if a contract is made 16  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI between an Indian and Pakistani and it is to be performed, the rule and principles on which the rights and liabilities of the Parties would be determined would be called private international law. This class of law is called “Conflict of laws” also. After knowing the field of application of this class of law, it is clear that the adjective “international” is wrongly given to it because it applies to individuals and not to States and these rules and Principles (called Private international law) vary from State to State and thus lacked uniformity. This class of law is enforced by municipal courts which administer municipal law and not international law, so, such a law does not process the characteristics of international law. In modern times this class of law has gained much importance and every States has made rules for its administration. Therefore, it must be properly classified. It is submitted that it should be given the name “Conflict of Laws” and not private international law and should be treated as a branch of municipal Private law and should be classified as such. Municipal or National law or law applied within a State is divided into two classes: a. PUBLIC LAW: The State activities are largely regulated by public law. It determines and regulates the organization and functioning of the State and determines the relation of the State with the subject. Public law may be divided into three classes:- a.1 Constitutional law: By constitutional law is meant that law which determines the nature of the State and the Structure of the government. It is above and superior to the ordinary law of the land. Constitutional law is the basic law or fundamental law of the State. a.2. Administrative law: Administrative law deals with the structures powers and the functions of organs of the administration, the limits of their powers, the methods and procedures followed by them in exercising their powers and functions; the methods by which their power are controlled including the legal remedies available to a person against them when his rights are infringed by their operation. a.3 Criminal law: Criminal law defines offences and prescribes punishment for them. Its aim is the prevention of and punishment for offences. Criminal law is necessary for the maintenance of order and peace within the State. In civilized societies, crime is considered to be wrong not only against the individual (who has been wronged) but a wrong against the society. Therefore, the State initiates the proceedings against the offender, and thus it is always a party in criminal cases. This is why the criminal law is considered as a branch of public law. 17  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI b. PRIVATE LAW This branch of law regulates and governs the relations of citizens with each other. The parties in such cases are private individuals and the State through its judicial organ adjudicates the matters in dispute between them. In these cases the State takes the position of only an arbiter. But it does not mean that the State regulates all the conducts and relations of the citizens but regulates only such of them as are of public importance and these relations (which State regulates) constitute the civil rights of the citizens. The major part of municipal law consists of this branch of law but in Totalitarian States the public law regulates the major part of the social life. In the Classification of private law there is great difficulty. Different Jurists have given different classification, a very general classification is as follows: 1. The law of Persons 2. The law of Property 3. The law of obligations 4. The conflict of laws The law of obligations is divided into three classes. (i) Contract (ii) Quasi contract, and (iii) Tort The above classification of law has many defects. Many of the classes do not exist in many legal system at all some branches of law which has developed in recent years cannot be put under any one class exclusively. Therefore, the above classification is neither universal nor exhaustive. Many other Jurists have made classifications based on different principles. But these too have been made keeping in view the law of a particular nation; therefore, they are not satisfactory and have no wide application. New developments; A new classification necessary: In modern times, new branches of law are growing and developing fast. These laws are of such composite nature that they partake the nature and characteristics of many of branches of the law and do not fall into any one class exclusively, for example, we may take the commercial law, it cuts across the two branches of law i.e the law of obligation and the law of property. Similarly, industrial law also partakes the characteristics of many branches of the law. With the change in the concept of the State and law many branches of private law have shifted and have become part of the public law. In totalitarian States this change has taken place to a considerable degree. Under these circumstances it is necessary to make a comprehensive and complete classification which might cover the recent developments of 18  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI law. For this purpose, a very close study of the laws of various nations and of various branches, must be made. Activities Title: Concept Mapping Things to do: 1. Draw a concept map to show the different concepts about the types of laws. 2. Draw your concept map on the space provided for. 19  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI Title: Describe Me. Things to do: 1. Describe the different classifications of law using the table below: 2. Write your answer in the table below. Classification of Description Law Assessment Title: Venn Diagramming Date of Submission: September 18, 2020 Rubric Used: Rubric for Graphic Organizer Things to do: 1. Construct a Venn diagram to show the similarities and differences between the following: a. Public Law and Private Law b. National and International Law 2. Use the diagrams provided on the next page. 20  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI Public Law Private Law National Law International Law 21  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI Title: Self-Reflect Date of Submission: September 18, 2020 Rubric Used: Rubric for Student Reflection Things to do: 1. Write a short reflection about the significance of law. 2. Limit your reflection to a minimum of 200 words. References: 1. https://scholar.google.com/scholar?um=1&ie=UTF- 8&lr&cites=3005298422617393327 date retrieved July 5, 2020 2. Richard Wollheim, 1953 retrieved from https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1467- 9248.1954.tb01019.x July 5, 2020 3.https://www.iep.utm.edu/natlaw/retrieved on July 5, 2020 4.https://www.uncfsu.edu/assets/Documents/College%20of%2 0Business%20and%20Economics/legal.pdf retrieved on July 5, 2020 22  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI Week 3 Unit 1: Introduction to Law and Legal System Topic: The Philippine Legal System Learning Outcomes: 1. Describe the dynamics of the legal system in the Philippines. 2. Identify the sources of laws in the Philippines. Concept Digest Nature of the Philippine Legal System The Philippine legal system is a unique legal system because it is a blend of civil law (Roman), common law (Anglo- American), Muslim (Islamic) law and indigenous law. Two Main Sources of Law 1. Statutes or Statutory Law: Statutes are the written enactment of the will of the legislative branch of the government rendered authentic by certain prescribed forms or solemnities are more also known as enactment of congress. Generally, they consist of two types, the Constitution and legislative enactments. In the Philippines, statutory law includes constitutions, treaties, statutes proper or legislative enactments, municipal charters, municipal legislation, court rules, administrative rules and orders, legislative rules and issuance of government agencies including government- controlled corporations. 2. Jurisprudence or Case Law: Cases decided or written opinions by courts and by persons performing judicial functions. Also included are all rulings in administrative and legislative tribunals such as decisions made by the Presidential or Senate or House Electoral Tribunals. For Muslim law, the primary sources of Shariah are Quran, Sunnah, Ijma and Qiyas. Jainal D. Razul in his book Commentaries and Jurisprudence on the MusliM Law of the Philippines (1984) further stated there are new sources of Muslim law, which some jurists rejected such as Istihsan or juristic preference; Al-Masalih, Al Mursalah or public interest; Istidlal (custom) and Istishab(deduction based on continuity or permanence). Classification of Legal Sources by Authorities: “Authority is that which may be cited in support of an action, theory or hypothesis.” 23  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI 1. Primary Authority is the only authority that is binding on the courts. These are the two sources of law, which includes the Constitution, legislative statutes or those passed by Congress, decisions of the Supreme Court, appellate courts, lower courts and other quasi-judicial agencies, Executive issuances or Presidential issuances, treaties entered into by the Philippines, ordinances, rules and regulations of government agencies. They are the actual law or those promulgated by the three branches of government: Legislative, Executive and Judiciary. The legislature promulgates statutes, namely: Acts, Commonwealth Acts, Republic Acts, and Batas Pambansa. The Executive promulgates presidential issuances (Presidential Decrees, Executive Orders, Memorandum Circular, Administrative Orders, Proclamations, etc.), rules and regulations through its various departments, bureaus and agencies. The Judiciary promulgates judicial doctrines embodied in decisions. We however need to clarify that the Presidential Decrees or law issued by President Ferdinand E. Marcos during Martial Law and Executive Orders issued by Aquino President Corazon C. Aquino before the opening Congress in July 1987 can be classified as legislative-executive acts, there being no legislature during these two periods. Primary Authority or sources may be further subdivided into the following: a. Mandatory primary authority is law created by the jurisdiction in which the law operates like the Philippines; b. Persuasive mandatory authority is law created by other jurisdictions, but which have persuasive value to our courts e.g. Spanish and American laws and jurisprudence. These sources are used specially when there are no Philippine authorities available or when the Philippine statute or jurisprudence under interpretation is based on either the Spanish or American law. 2. Secondary authority or sources are commentaries or books, treatise, writings, journal articles that explain, discuss or comment on primary authorities. Also included in this category are the opinions of the Department of Justice, Securities and Exchange Commission or circulars of the Bangko Sentral ng Pilipinas. These materials are not binding on courts, but they have persuasive effect and/or the degree of persuasiveness. With regards to commentaries or books, treatise, writings, journal articles, the reputation or 24  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI expertise of the author is a consideration. Some of the authors of good reputation and considered experts in the field are Chief Justice Ramon C. Aquino and Justice Carolina Grino Aquino on Revised Penal Code or Criminal Law, Senator Arturo M. Tolentino on Civil law, Chief Justice Enrique M. Fernando and Fr. Joaquin Bernas on Constitutional Law, Prof. Perfecto Fernandez on Labor Law, Vicente Francisco, Chief Justice Manuel Moran on Remedial Law, and Justice Vicente Abad Santos and Senator Jovito Salonga on International Law, etc. Judicial System The 2002 Revised Manual of Clerks of Court Organizational Chart of the whole Judicial System and those of each type of Court. Manila Supreme Court, 2002 Organizational Chart was amended due to the passage of Republic Act No. 9282 (law elevating the Court of Tax Appeals to the level of a collegiate court). Judicial power rests with the Supreme Court and the lower courts, as may be established by law (Art. VIII, sec. 1). The judiciary enjoys fiscal autonomy. Its appropriation may not be reduced by the legislature below the appropriated amount the previous year, after approval, and shall be automatically and regularly released. (Art. VIII, sec. 3). The Rules of Court of the Philippines as amended, and the rules and regulations issued by the Supreme Court define the rules and procedures of the Judiciary. These rules and regulations are in the form of Administrative Matters, Administrative Orders, Circulars, Memorandum Circulars, Memorandum Orders and OCA Circulars. To inform the members of the judiciary, legal profession and the public of these rules and regulations, the Supreme Court disseminates these rules and regulations to all courts, publishes important ones in newspapers of general circulation, prints in book or pamphlet form and now downloads them in the Supreme Court and the Supreme Court E-Library websites. Supreme Court of the Philippines: The barangay chiefs exercised judicial authority prior to the arrival of Spaniards in 1521. During the early years of the Spanish period, judicial powers were vested upon Miguel Lopez de Legaspi, the first governor general of the Philippines where he administered civil and criminal justice under the Royal Order of August 14, 1569. The Royal Audencia was established on May 5, 1583, composed of a president, four oidores (justices) and a fiscal. The Audencia exercised both administrative and judicial functions. Its functions and structure were modified in 1815 25  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI when its president was replaced by a chief justice and the number of justices was increased. It came to be known as the Audencia Territorial de Manila with two branches, civil and criminal. Royal Decree issued July 24, 1861 converted it to a purely judicial body wherein its decisions were appealable to the Supreme Court of the Philippines to the Court of Spain in Madrid. A territorial Audencia in Cebu and Audencia for criminal cases in Vigan were organized on February 26, 1898. The Audencias were suspended by General Wesley Merrit when a military government was established after Manila fell to American forces in 1898. Major General Elwell S. Otis re- established the Audencia on May 29, 1899 by virtue of General Order No. 20. The said order provided for six Filipino members of the Audencia. Act No. 136 abolished the Audencia and established the present Supreme Court on June 11, 1901 with Cayetano Arellano as the first Chief Justice together with associate justices, the majority of whom were American. Filipinization of the Supreme Court started only during the Commonwealth, 1935. Administrative Code of 1917 provided for a Supreme Court with a Chief Justice and eight associate Justices. With the ratification of the 1935 Constitution, the membership was increased to 11 with two divisions of five members each. The 1973 Constitution further increased its membership to 15 with two (2) divisions. Pursuant to the provisions of the 1987 Constitution, the Supreme Court is composed of a Chief Justice and fourteen Associate Justices who shall serve until the age of seventy (70). The Court may sit en banc or in its three (3) divisions composed of five members each. A vacancy must be filled up by the President within ninety (90) days of occurrence from the list submitted by the Judicial and Bar Council. The Constitution (1987), Article VIII, sec. 4 (2) explicitly provides for the cases that must be heard en banc and sec. 4 (3) for cases that may be heard by divisions. The Judiciary Reorganization Act of 1980 transferred from the Department of Justice to the Supreme Court the administrative supervision of all courts and their personnel. This was affirmed by the Constitution (1987), Art. VIII, sec. 6. To effectively discharge this constitutional mandate, The Office of the Court Administrator (OCA) was created under Presidential Decree No. 828, as amended by Presidential Decree No. 842, and its functions further strengthened by a Resolution of the Supreme Court En Banc dated October 24, 1996. Its principal function is the supervision and administration of the lower courts throughout the Philippines and all their personnel. It reports and recommends to the Supreme Court all actions that affect the lower court management. The OCA is headed by the Court Administrator, 26  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI three (3) Deputy Court Administrators and three (3) Assistant Court Administrators. Court of Appeals Commonwealth Act No. 3 (December 31, 1935), pursuant to the Constitution (1935), Art. VIII, sec. 1, established the Court of Appeals. It was formally organized on February 1, 1936 and was composed of eleven justices with Justice Pedro Concepcion as the first Presiding Justice. Its composition was increased to 15 in 1938 and further increased to 17 in 1942 by virtue of Executive Order No. 4. The Court of Appeals was regionalized in the later part of 1944 when five District Courts of Appeal were organized for Northern, Central and Southern Luzon, for Manila and for Visayas and Mindanao. It was abolished by President Osmena in 1945, pursuant to Executive Order No. 37 due to the prevailing abnormal conditions. However, it was re-established on October 4, 1946 by virtue of Republic Act No. 52 with a Presiding Justice and fifteen (15) Associate Justices. Its composition was increased by the following enactments: Republic Act No. 1605 to eighteen (18); Republic Act No. 5204 to twenty-four (24); Presidential Decree No. 1482 to one (1) Presiding Justice and thirty-four (34) Associate Justices; Batas Pambansa Blg. 129 to fifty (50); Republic Act No. 8246 to sixty-nine (69). With Republic Act No. 8246, the Court of Appeals in Cebu, and Cagayan de Oro were established. With Republic Act 8246, the 69 Justices are divided in twenty-three divisions throughout the Philippines: Luzon (Manila- 1-17th Division), Visayas (Cebu- 18th-20th Division) and Mindanao (Cagayan de Oro- 21st-23rd Division). The 2009 Internal Rules of Procedure of the Court of Appeals was approved by the Supreme Court En Banc in a Resolution (A.M. No. 09-11-11-CA) dated December 15, 2009. Batas Pambansa Blg. 129 changed the name of the Court of Appeals to Intermediate Appellate Court. Executive Order No. 33, issued by President Corazon C. Aquino on July 28, 1986, brought back its name to Court of Appeals. Regional Trial Courts They are called the second level courts and are divided into thirteen (13) judicial regions: National Capital Region (Metro Manila) and the twelve (12) regions of the country, which are divided into several branches. The jurisdictions are defined in sec. 19-23 of Batas Pambansa Blg. 129 as amended by Republic Act No. 7671. The Supreme Court designates certain branches of regional trial courts as special courts to handle exclusively criminal cases, juvenile and domestic relations cases, agrarian cases, urban land reform cases that do not fall under the jurisdiction of quasi-judicial bodies. The Supreme Court issues resolutions designating specific branches of the Regional Trial Courts as special courts for 27  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI heinous crimes, dangerous drugs cases, commercial courts and intellectual property rights violations. Special rules are likewise promulgated. A.M. No. 00-8-10-SC is a resolution of the Court En Banc on the Rules of Procedure on Corporate Rehabilitation. The Interim Rules was promulgated in November 2000 and December 2008 affects special commercial courts. Some Regional Trial Courts are specifically designated to try and decide cases formerly cognizable by the Securities and Exchange Commission (A.M. No. 00-11-030SC). Shari’a Courts: These special courts were created by sec. 137 of Presidential Decree No. 1083 or the Code of Muslim Personal Laws. The judges should possess all the qualifications of a Regional Trial Court Judge and should also be learned in Islamic law and jurisprudence. Articles 143, 144, and 155 of Presidential Decree No. 1083 provides the jurisdiction of the Shari’a Courts. The exclusive jurisdiction of Shari’a District Courts (SDC) as provided for in paragraph (1), Article 143 of Presidential Decree No. 1083 and paragraph (2) of Article 143 provides the original jurisdiction of the SDC in concurrence with existing civil courts. Article 144, of Presidential Decree No. 1083 provides that the SDC shall have appellate jurisdiction over all cases tried in the Shari’a Circuit Courts (SCC) within their territorial jurisdiction. Article 155 of Presidential Decree No. 1083 provides the exclusive original jurisdiction SCCs have. Rules of procedure are provided for in Articles 148 and 158. En Banc Resolution of the Supreme Court in 183, provided the special rules of procedure in the Shari’a courts (Ijra-at-Al Mahakim Al Sharia’a). Cases involving the Shari’a Courts may be brought to the Supreme Court for appropriate action. In the case entitled Villagracia v. Fifth (5th) Shari’a District Court, G.R. No. 188832, April 23, 2014, the Supreme Court stated that Shari’a District Courts have no jurisdiction over real actions where one of the parties is not a Muslim. Jurisdiction of the Shari’a Court was also the issue in the case entitled Rulona- al-Awadhi v. Astih, District Judge of the Fourth Shari’a Judicial District Court, G.R. No. 81969, September 26, 1988, 248 Phil. 221. Instead of invoking procedural technicality, respondent court should have recognized its lack of jurisdiction over the parties and promptly dismissed the action, for, without jurisdiction, all its proceedings would be a futile and invalid exercise. 28  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI Shari’a courts and personnel are subject to the administrative supervision of the Supreme Court. Appointment of judges, qualifications, tenure, and compensation are subject to the provisions of the Muslim Code (Presidential Decree No. 1083. SDCs and SCCs have the same officials and other personnel as those provided by law for RTCs and MTCs, respectively. Quasi-Courts or Quasi-Judicial Agencies Quasi-judicial agencies are administrative agencies, more properly belonging to the Executive Department, but are empowered by the Constitution or statutes to hear and decide certain classes or categories of cases. Quasi-judicial agencies, which are empowered by the Constitution, are the Constitutional Commissions: Civil Service Commission, Commission on Elections and the Commission on Audit. Quasi-judicial agencies empowered by statutes are: Office of the President. Department of Agrarian Reform, Securities and Exchange Commission, National Labor Relations Commission, National Telecommunication Commission, Employees Compensation Commission, Insurance Commission, Construction Industry Arbitration Commission, Philippine Atomic Energy Commission, Social Security System, Government Service Insurance System, Bureau of Patents, Trademark and Technology, National Conciliation Mediation Board, Land Registration Authority, Civil Aeronautics Board, Central Board of Assessment Appeals, National Electrification Administration, Energy Regulatory Board, Agricultural Inventions Board and the Board of Investments. Decisions of these quasi-courts can be appealed to the Court of Appeals except those of the Constitutional Commissions: Civil Service Commission, Commission on Elections and the Commission on Audit, which can be appealed by certiorari to the Supreme Court (Art. IX-A, sec. 7). Activities Title: Dynamics of the System Things to do: 1. Discuss the evolution of the Philippine Legal System through a diagram. 29  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI 2. Give a brief synthesis of how the Philippine Legal System changed through time. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 30  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI Title: Browse the Net Things to do: 1. Surf the net about how bills are passed into law. 2. Present it through a diagram. 3. Write a brief description of the process. 31  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Assessment Title: Jingle Writing Date of Submission: September 25, 2020 Rubric Used: Rubric for Jingle Things to do: 1. Show your understanding about the topics discussed in Unit 1 through a jingle. 2. The jingle should not be less than 3 minutes. 3. The Jingle may have an accompaniment or acapela. 4. Submit a recorded copy of the jingle to our Facebook page. References: 1. https://www.niu.edu/clas/cseas/_pdf/lesson- plans/fulbright-hays/philippine-political- structure.pdfdate retrieved July 10,2020 2. https://unimelb.libguides.com/c.php?g=402982&p=5443355 retrieved on July 10, 2020 3. https://asiafoundation.org/wp- content/uploads/2017/08/Philippines_LAW_2017.pdf retrieved on July 10, 2020 32  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI Week 4 Unit 1: Civil Justice System Topic: Nature of the Civil Justice System Learning Outcomes: 1. Describe the civil justice system in the Philippines. 2. Discuss how the civil justice system operates. Concept Digest What does “civil justice” mean? When you go to the police to get justice because someone has committed a crime against you, you’re seeking criminal justice. A criminal penalty is the outcome. When you sue someone in civil court to seek compensation because someone has caused you harm, then you’re seeking civil justice. The civil courts and their fundamental components – judges, juries, lawyers for both sides – all work together ideally to ensure civil justice. The civil system deals with disputes between individuals, companies and institutions. Civil cases involve conflicts between people or institutions such as businesses, typically over money. A civil case usually begins when one person or business (the "plaintiff") claims to have been harmed by the actions of another person or business (the "defendant") and asks the court for relief by filing a "complaint" and starting a court case. The plaintiff may ask the court to award "damages" (money to compensate the plaintiff for any harm suffered), or may ask for an "injunction" to prevent the defendant from doing something or to require the defendant to do something, or may seek a "declaratory judgment" in which the court determines the parties' rights under a contract or statute. Eventually, to resolve the case, the court (by way of a judge or jury) will determine the facts of the case (in other words, figure out what really happened) and will apply the appropriate law to those facts. Based on this application of the law to the facts, the court or jury will decide what legal consequences ultimately flow from the parties' actions. The parties might also resolve a case by themselves. At any time during the progress of a case, the parties can agree to resolve their disputes and reach a settlement to avoid the expense of trial or the risk of losing at trial. Settlement often involves the payment of money and can even be structured to result in an enforceable judgment. 33  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI Standard of Proof in A Civil Case In most civil cases, the judge or jury has to make a decision about which side wins based on a standard called "preponderance of the evidence." This means that the winner's side of the story is more probably true than not true. It does not mean that one side brought in more evidence than the other side. It means that one side's evidence was more convincing than the other's. In some cases, the standard for reaching a decision is "clear and convincing evidence." This means that the winner needs to prove that his version of the facts is highly likely. It is an intermediate degree of proof, more than "preponderance of the evidence" but less than the certainty required to prove an issue "beyond a reasonable doubt" (the standard in criminal cases). Types of Cases in Civil Court Civil courts handle a wide variety of cases involving numerous legal issues. Very broadly, civil cases may involve such things as, Tort claims. A "tort" is a wrongful act (sometimes called a "tortious" act), other than a breach of contract, that results in injury to someone's person, property, reputation, or the like, for which the injured person is entitled to compensation. Cases involving claims for such things as personal injury, battery, negligence, defamation, medical malpractice, fraud, and many others, are all examples. Breach of contract claims. A breach of contract case typically results from a person's failure to perform some term of a contract, whether the contract is written or oral, without some legitimate legal excuse. Cases involving claims for such things as not completing a job, not paying in full or on time, failing to deliver goods sold or promised, and many others, are all examples. Equitable claims. An "equitable claim" asks the court to order a party to take some action or stop some action. It may or may not be joined with a claim for monetary damages. Cases where a party is seeking a temporary restraining order or injunction to stop something (perhaps the destruction of property, the improper transfer of land, the solicitation of a business' customers) are examples. Landlord/tenant issues. Civil courts handle disputes arising between landlords and tenants. Cases where a landlord is trying to evict a tenant from a rental property or a tenant 34  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI has moved out and is suing a landlord for the return of a security deposit are examples. Stages of A Civil Case Pre-filing. During the pre-filing stage, the dispute arises and the parties make demands, try to negotiate a resolution, and prepare for the possibility of a court action. Initial pleading. During this stage, one party files papers (called a "complaint") to start the court action, and the other party files some type of response (an "answer" or maybe a "motion"). Discovery. During the discovery stage, both sides exchange information and learn about the strengths and weaknesses of the other side's case. Post discovery/pre-trial. In this stage, the parties start preparing for trial; they get their evidence and witnesses in order, they might engage in some type of settlement conference, and they may file motions with the court to resolve the case or limit the issues for trial. Trial. During this stage, the case is actually heard by the judge or a jury (which could last for a couple of hours or a couple of months, depending on the complexity of the case); witnesses are examined, evidence is presented, and the case is eventually decided and a judgment entered. Post-trial. During the post-trial stage, one or both of the parties might appeal the judgment that was entered at trial, or the winning party might try to collect the judgment that was entered. But, not every civil case follows these stages. Some cases (summary eviction cases, for example) have unique procedures that are set out in the court's rules or in the governing statutes. To learn about the stages involved in a particular type of case, you may browse the net. Activities Title: What am I? Things to do: 1. Define civil justice system. 2. Present it through a concept web. 3. Use the diagram below: 35  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI Civil Justice System Title: How Does It Work? Things to do: 1. Explain in your own words the stages in a civil suit. 2. Write your answer in the diagram below: 1.____ 2.____ 3.____ 4.____ 36  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI Title: Think Pair Share Things to do: 1. Answer the question below: What can you say about the civil justice system in the Philippines? 2. Ask through messenger, one of your classmates about his or her answer to the question. 3. Compare each other’s answer. 4. Come up with a common understanding about the given question. 5. Write your answers on the diagram below. OUR ANSWER MINE PARTNER Assessment Title: Think About It! Things to do: 1. Answer the following questions in 2 to 3 sentences. 2. Write your answer on the space provided for a. When can an individual file for a civil case? ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ 37  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI b. What should be undertaken when filing a civil case? ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ c. Who wins in a civil case? ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ Title: Self-Check Things to do: 1. Describe the different types of civil cases: a. Tort Claim ________________________________________________ ________________________________________________ b. Breach of contract claims ________________________________________________ ________________________________________________ c. Equitable claim ________________________________________________ ________________________________________________ d. Landlord/tenant Claim ________________________________________________ ________________________________________________ 2. How does an individual benefit from a country’s civil justice system? ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ References: 1. https://www.civillawselfhelpcenter.org/self- help/getting-started/court-basics/56-types-of-cases Retrieved on July 12, 2020 2. https://www.civillawselfhelpcenter.org/self- help/getting-started/court-basics/56-types-of-cases 3. https://www.ncsc.org/services-and-experts/areas-of- expertise/civil-justice 38  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI Week 5 Unit 2: Civil Justice System Topic: Civil Code of the Philippines Learning Outcomes: 1. Discuss the provisions of the Civil Code of the Philippines using sample cases. 2. Cite civil laws and assess their effectiveness. Concept Digest The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations in the Philippines. It was enacted in 1950, and remains in force to date with some significant amendments. History The Philippine Civil Code is strongly influenced by the Spanish Código Civil, which was first enforced in 1889 within the Philippines when it was still a colony of the Spanish Empire. The Código Civil remained in effect even throughout the American Occupation; by 1940, the Commonwealth Government of President Manuel Luis Quezon formed a Commission tasked with drafting a new Code. The Commission was initially headed by Chief Justice Ramón Avanceña, but its work was interrupted by the Japanese invasion and the Second World War. The Commission's records were later destroyed by Allied bombing during the Battle of Manila in 1945. In 1947, President Manuel Roxas of the Third Republic created a new Code Commission, this time headed by the former Dean of the University of the Philippines College of Law, Jorge Bocobo. Among the members of this new Commission were future Supreme Court Associate Justice Francisco R. Capistrano, and future Vice-President Arturo Tolentino. The Code Commission completed the final draft of the new Civil Code by December 1947, and this was submitted to Congress, which enacted it into law through Republic Act No. 386. The Civil Code took effect in 1950. Due to its wide coverage and impact, the Civil Code is the subject of much study and extensive commentary. Several legal luminaries developed reputations as experts on the Civil Code and consequently enhanced their reputations in the field of Philippine law. These include Tolentino, who himself had helped draft it, Supreme Court Associate Justices J. B. 39  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI L. Reyes, Flérida Ruth P. Romero, José Vitug, and Edgardo Paras. Content The influence of the Spanish Civil Code is most evident in the books on property, succession and obligations and contracts. The law on succession, for example, retains such concepts indigenous to Spain such as the rule on legitimes and reserva troncal. On the other hand, many of the provisions on special contracts, particularly on sales, are derived from common law as practised in the United States, reflecting the influence of American colonial rule and the influx of commercial relations involving Americans at the time. The great mass of disputes between private persons over civil and property relations are resolved by applying the provisions of the Civil Code. With over 2,000 specific provisions, the Civil Code attempts to anticipate all possible questions arising from civil and property relations and prescribe a definitive solution for these problems. Understandably, the Civil Code itself is unable to provide a definite answer for all emerging problems; thus the courts also rely on precedent based on interpretations by the Supreme Court. This the Civil Code itself notably recognizes in saying that "judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines" (Article 8, Civil Code), a recognition of the eminent role now played by precedents in Philippine law. The Civil Code is divided into four “books”, with each specific book namely: Persons and Family relations The Chapter 2 of the Civil code was formulated to indicate certain norms that spring from the fountain of good conscience that will serve as golden threads through society to the end of that law may approach its supreme ideal which is sway and dominance of justice. The primary precept of this portion is derived from Justinian's Institutes: iuris praecepta sunt haec: honeste vivere, alterum non laedere, suum cuique tribuere (Translated into English: “the precepts of law are these: to live honestly, to injure no one, [and] to give to each his own.”). Civil personality defines the distinction between natural and juridical persons, as well as the difference between juridical capacity and capacity to act. - Effect and Application of Laws - Human relations - Civil Personality - Citizenship and Domicile 40  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI - Funerals - Care and Education of Children - Use of Surnames - Absence - Civil Register The Family Code of 1988 In 1987, President Corazón Cojuangco Aquino enacted into law The Family Code of 1987, which was intended to supplant Book I of the Civil Code concerning persons and family relations. Work on the Family Code had begun as early as 1979, and it had been drafted by two successive committees, the first chaired by future Supreme Court Justice Romero, and the second chaired by former Supreme Court Justice J.B.L. Reyes. The Civil Code needed amendment via the Family Code in order to alter certain provisions derived from foreign sources which had proven unsuitable to Filipino culture and to attune it to contemporary developments and trends. The Family Code covers fields of significant public interest, especially the laws on marriage. The definition and requisites for marriage, along with the grounds for annulment, are found in the Family Code, as is the law on conjugal property relations, rules on establishing filiation, and the governing provisions on support, parental authority, and adoption. The Family Code of the Philippines will be discussed in Unit 6. Property, Ownership and its Modifications Focuses on property, which classifies and defines the different kinds of appropriable objects, provides for their acquisitions and loss and treats the nature and consequences of real right. Ownership is independent and general right of the person to control a thing particularly in his possession, enjoyment, disposition, and recovery, subject to no restrictions except those imposed by the state or private persons, without prejudice to the provisions of the law. Classification of Property Ownership Co-Ownership Special Properties Possession Usufruct Easement and Servitudes Nuisance Registry of Property Modes of Acquiring Ownership Ownership is acquired by occupation and by intellectual creation. Ownership and other real rights over property are 41  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI acquired and transmitted by law, by donation, by testate and intestate succession, and in consequence of certain contracts by tradition. They may be also acquired by acquisitive prescription. - Occupation - Intellectual creation - Donation - Succession - Acquisitive prescription Obligations and Contracts Law of obligations is defined as juridical necessity to give, to do or not do. A Contract is a meeting of the minds between two persons whereby one binds himself with respect to the other to give something or to render some service. - Obligations - Contracts - Special contracts encompasses several classes of contracts as trusts, sales, barter, lease, loan, deposit, aleatory contracts, compromises, guaranty, agency, pledges, mortgage, antichresis, and partnership - Quasi-contract - Quasi-delict Torts and Damages Developments in tort and damages law have been guided less by the Code than by judicial precedents. Damages can be incurred when there is harm done and what may be recovered arising from wrongful and tortuous act. Damages can be actual or compensatory, moral, nominal, temperate or moderate, liquidated and exemplary or corrective. Activities Title: Concept Mapping Things to do: 1. Summarize the concept of the Civil Code through a diagram. 2. Give a brief description for each concept. 3. Use the diagram below. 4. You may add more circles if necessary. 5. Create also a timeline to show the history of the Civil Code of the Philippines 42  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI The Civil Code of the Philippines 43  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI Title: Match the Case Things to do: 1. Read the facts about a case. 2. Secure a copy of the Civil Code of the Philippines. Use it to study the case and identify the provision in the Civil Code of the Philippines which is the case may be under. 3. Justify your answer. A. FACTS: The testator was born in Nebraska, had properties in California, and had a temporary, although long residence in the Philippines. In his will executed in Manila, he stated that he had selected as his domicile and permanent residence, the State of Nevada, and therefore at the time of his death, he was a citizen of that state. In his will, he disposed so much of his properties in favor of his grandson, his brother and his sister leaving only a small amount of legacy to his children and none to his wife. The same was questioned by the surviving wife and the surviving children regarding the validity of the testamentary provisions disposing of the estate claiming that they have been deprived of their legitimate under Philippine law, which is the law of the forum. With respect to his wife, a decree of divorce was issued between the testator and the wife after being married for 13 years; thereafter, the wife married another man whereby this marriage was subsisting at the time of the death of the testator. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ B. FACTS: Petitioner in this case commenced the demolition of respondents’ house on May 30, 1986 under the authority of a Writ of Demolition issued by the RTC. The records, however, show that a Temporary Restraining Order, enjoining the demolition of respondents’ house, was issued by the Supreme Court on June 2, 1986. It was also found that based on the Certificate of Service of the SC process server a copy of the TRO was served on petitioner himself on June 4, 1986. Petitioner, however, did not heed the TRO and he pursued the demolition of respondents’ house until the middle of 1987. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 44  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ A. FACTS: Garciano was hired by Immaculate Concepcion Institute to teach during the 1981-82 school year. On January 13, 1982, or before the school year ended, she applied for an indefinite leave of absence because her daughter was taking her to Austria. The President of the school approved the application. On June 1, 1982, the school advised her, thru her husband, that her services were being terminated since there was no written contract of employment between her and the school. Upon her return from Austria and upon her inquiries as to her status, the Board of Directors of the school reinstated her and the Board likewise declared the notice of termination as null and void. Instead of reporting back for work, Garciano filed a complaint for illegal dismissal against some of the school officials and faculty members for discrimination and unjust and illegal dismissal. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ B. FACTS: The Commercial Air Lines, Inc. (CALI), on the verge of bankruptcy, met with all his creditors. It was agreed that CALI’s assets, including a C-54 plane that was still in California, would be sold and the proceeds distributed to the creditors. Right after the meeting, Shell Co. shrewdly made a telegraphic assignment of its credit to a sister corporation in the US, which immediately secured attachment and sale of CALI’s plane in California, the proceeds of which were totally applied to the satisfaction of its claim. Can the Shell Co.in the Philippines be made to pay for damages to the other creditors of CALI? ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 45  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI Title: Effective or Not Things to do: 1. Answer the question below: Do you think all the provisions of the Civil Code of the Philippines are relevant? Why do you say so? ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Assessment Title: Think About It! Date of Submission: October 2, 2020 Rubric used: Criteria: Content- 5 pts. Organization – 2 pts. Things to do: 1. Answer the questions below: a. What aspects in the peoples’ lives are protected by the Civil Code of the Philippines? _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ b. If you were a lawmaker, is there a provision that you wish to add or to repeal? What is it and why? _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ References: 1. https://www.civillawselfhelpcenter.org/self- help/getting-started/court-basics/56-types-of-cases 2. Retrieved on July 12, 2020 3. https://www.civillawselfhelpcenter.org/self- help/getting-started/court-basics/56-types-of-cases 4. https://www.ncsc.org/services-and-experts/areas-of- expertise/civil-justice 46  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI Week 6 Unit 2: Civil Justice System Topic: Civil Cases in the Philippines Learning Outcomes: 1. Present issues and problems in the civil justice system. 2. Assess the effectiveness of the civil justice system in solving these issues and problems. Concept Digest "It is the hope of the drafters that the often repeated legal maxim “justice delayed is justice denied” will be rendered obsolete in our jurisdiction." What can you say about it? One of the problems in the Philippine justice system is that trials and the resolution of civil cases in the Philippines is extremely slow. These are some of the observed reasons: a. Too many postponements of hearings; b. repeated extensions of time to file pleadings and court submissions; c. court dockets congestion; d. no limit to trial periods; e. intentional delays caused by lawyers;and f. repeated motion hearings only to set periods for filing of oppositions, among others. The Philippine Supreme Court on Jan. 14, 2019 issued Memorandum Order No. 04-2019 under the leadership of former Chief Justice Lucas P. Bersamin, created the Sub-Committee for the Revision of the 1997 Rules of Civil Procedure appointing then Associate Justice now Chief Justice Diosdado M. Peralta as the working Chairperson. The committee was tasked to prioritize the reform of procedural laws in order to make the disposition of every action just, speedy, and inexpensive. With the guidance of Chief Justice Peralta, the Committee identified problem areas and suggested solutions to speed up the judicial process without sacrificing the orderly dispensation of justice. The Supreme Court En Banc, on Oct. 15, 2019, approved the amendments as embodied in A.M. No. 19- 10-20-SC which was to take effect on May 1, 2020. The salient amendments cover: (a) the inclusion of evidence in allegations in pleadings; (b) the filing and service of pleadings and motions by express courier and electronic mail; (c) the expanded substituted service of summons to individual defendants; (d) the substituted service of summons to domestic juridical entities; (e) the certificate of the lawyer when he signs a pleading or motion; (f) the deletion 47  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landline No. (082) 291 1882 Accredited by ACSCU-ACI of notice of hearing requirement in motions; (g) the classification of motions to those litigious or non- litigious; (h) the effect of the absence of lawyers during pre-trial; (i) the limited periods for presentation of evidence of the parties and for renditions of judgment; and (j) the motu proprio dismissal by the court through judgment on the pleadings and summary judgment. Pleadings should now include and incorporate evidence upon which the party relies on for his claims or defenses (Section 1, Rule 8 of the Rules of Court). In particular, the pleadings shall state the name of the witnesses, a summary of the witnesses' intended testimonies together with the judicial affidavits, and documentary and object evidence. (Section 6, Rule 7 of the Rules of Court). Significantly, motions for extensions of time to file pleadings are prohibited and if filed are mere scraps of paper (Section 11, Rule 11). Only the period to file an Answer may be extended but only once and for a maximum period of thirty (30) calendar days. Service and filing of pleadings and motions by accredited courier and electronic means have been introduced. Like in registered mail filing, the date of sending of the pleading or motion by an accredited courier is considered the date of filing, while transmission by electronic mail or other electronic means is considered as the date of filing. The provisions and application of substituted service of summons to defendant individuals have been expanded to include: (a) leaving copies of summons with any officer of the homeowner’s association or condominium corporation or its chief of security; and (b) sending an email to the defendant’s email address, if allowed by the court. The amendment also included substituted service of summons to domestic private juridical entities by leaving copies of the summons with the secretaries of the respective officers named in Section 12, Rule 14 of the Rules of Court, with the person who customarily receives correspondence for the corporation, and the serving of summons electronically if there is a refusal of said persons to receive summons despite at least three (3) attempts on two (2) different dates. Motions based on the amendments are classified as either non-litigious or litigious. Both require no notice of hearing to be appended to the Motion but litigious motions are subject to opposition by the other party within a period of five (5) days and will have to be resolved by the court within fifteen (15) days from its receipt of the opposition. The hearing on a litigious motion, if necessary, is subject to the discretion of the court (Sections 4,5 and 6, Rule 15 of the Rules of Court). Filing of Motions to Dismiss are now prohibited except on the following grounds: (a) the court has no jurisdiction 48  DAVAO CENTRAL COLLEGE, INC. Juan dela Cruz Street, Toril, Davao City Landl