Wednesday, December 21, 2011

Planking

A classroom is a place where minds clash, ideas are harnessed, and theories are tested to discover knowledge. In some cases, it also provides an opportunity for a comic to pose as a teacher, or for a teacher who wants to be a comic. This section contains funny stories from my classroom. Well, at least for me, they are.       

The first story is during a discussion in Administrative Law, particularly in the case of Malaga v. Penachos, Jr., 213 SCRA 516. The case revolved around anomalies in the bidding process for a government project.

The student who was called to recite started to narrate the facts of the case. Since I am quite particular in the facts, I asked her how did the bidders show their protest against the award to the winning bidder.  Of course, the expected answer was that they filed a case before the court.

I noticed though she was taken aback. I was surprised because filing a case in court is an obvious answer. But she stood there, quite puzzled.

So I repeated the question "So, Ms. ______, what did they do?" in my usual "teacher's tone." Still no answer.

So I answered my own question "Nagplanking sila!" And of course laughter ensued.

Oh, then I realized that I was at the school where student activism is very much alive. Oh oh.   

 


SCL Topics Based on 2012 SC Bar Exam Syllabus


I'm posting the entire syllabus of SCL as a gift to my students. Please take note that cases for study will be identified later. In addition, we will study several other special commercial laws if time permits. Included in the list is the pertinent provisions of the Code of Commerce. If we don't have time, we will just include them in our exams.  Peace.  

I. Letters of Credit

A. Definition/concept

B. Governing laws

C. Nature of letter of credit

D. Parties to a letter of credit

1. Rights and obligations of parties

E. Basic principles of letter of credit

1. Doctrine of independence
2. Fraud exception principle
3. Doctrine of strict compliance         

II. Warehouse Receipts Law

A. Nature and functions of a warehouse receipt

1. To whom delivered

2. Kinds

3. Distinctions between a negotiable instrument and a negotiable warehouse receipt

4. Rights of a holder of a negotiable warehouse receipt as against a transferee of a nonnegotiable warehouse receipt

B. Duties of a warehouseman

C. Warehouseman’s lien

III. Trust Receipts Law

A. Definition/concept of a trust receipt transaction
1. Loan/security feature
2. Ownership of the goods, documents and instruments under a trust receipt

B. Rights of the entruster

1. Validity of the security interest as against the creditors of the entrustee/innocent purchasers for value

C. Obligations and liability of the entrustee

1. Payment/delivery of proceeds of sale or disposition of goods, documents or instruments
2. Return of goods, documents or instruments in case of sale
3. Liability for loss of goods, documents or instruments
4. Penal sanction if offender is a corporation

D. Remedies available

IV. The Chattel Mortgage Law (Act 1508 in rel. to Arts. 1484, 1485, 2140 and 2141 of the Civil Code)

A. Essential requisites

B. Formal requisites

C. Registration, when and where

E. After-acquired property

F. After-incurred obligation

G. Right of junior mortgagee

H. Foreclosure procedure           

I. Redemption

J. Claim for deficiency

1. General rule
2. Exception
3. Article 1484

V. Real Estate Mortgage Law (Act 3135, as amended by R.A. 4118)

A. Coverage

B. Remedies available to mortgagee upon default of the mortgagor

C. Need for special power of attorney

D. Authority to foreclose extrajudicially

E. Procedure

1) Where to file
2) Where to sell
3) Posting requirement
4) Publication requirement

a. Sufficiency of newspaper publication
b. Need for republication in case of postponement
c. Personal notice to the mortgagor when and when not needed

F. Possession by purchaser of foreclosed property

G. Remedy of debtor if foreclosure is not proper

H. Redemption

a. Who may redeem
b. Amount of redemption price
c. Period for redemption
d. Effect of pendency of action for annulment of sale

I. Writ of possession

a. Ministerial duty of the court
b. Enforcement against third parties
c. Pendency of action for annulment of sale

J. Annulment of sale

VI. Truth in Lending Act (R.A. 3765)

A. Purpose

B. Obligation of creditors to person to whom credit is extended

C. Covered and excluded transactions

D. Consequences of non-compliance with obligation

VII. Anti-money Laundering Law (R.A. 9160, as amended by R.A. 9194)

A. Policy of the law

B. Covered institutions

C. Obligations of covered institutions

D. Covered transactions
E. Suspicious transactions

F. When is money laundering committed

G. Unlawful activities or predicate crimes

H. Anti-money laundering council

             I. Functions

J. Freezing of monetary instrument or property

K. Authority to inquire into bank deposits


VIII. Foreign Investments Act (R.A. 7042)

A. Policy of the law

B. Definition of terms

a) Foreign investment
b) “Doing business” in the Philippines
c) Export enterprise
d) Domestic market enterprise

C. Registration of investments of non-Philippine nationals

D. Foreign investments in export enterprises

E. Foreign investments in domestic market enterprises

F. Foreign investment negative list

Monday, December 19, 2011

Hardheadedness

A very dear friend suggested that I create another blog where I can post my deepest thoughts since this one is supposedly for an academic purpose. Probably I'm just too hardheaded or too old, or both, since I just posted something that is too personal (again).

Well, I suggest that you just exercise your right not to read, and I will exercise my right to, uhm, be hardheaded. :)

Oh, I just realized. This is the reason why I lose some precious ones, though I also gained so much from it. Life.  

Losing a loved one, deux (days after)



For my golden girl. My only regret is that I did not say enough "I love you" to her. 

Saturday, December 10, 2011

First (Satur)Day Blues

It's been awhile since I attended a class on a Saturday. Today is supposed to be a comeback of some sort since today is my first regular day for my SCL class. Well, it seemed that the multitudes of people in the metropolis have other ideas. For some reason, the streets were unbelievably clogged. Santa Clause probably sent notice already that he can't deliver his gifts for the nice kids this Christmas, forcing everyone to do their shopping in frantic mode. Haaist.

Friday, December 2, 2011

Special Commercial Law, Part I - Letters of Credit

Course Syllabus based on 2012 Bar Exams Released by the Supreme Court

I. Letters of Credit

A. Definition/concept

B. Governing laws

C. Nature of letter of credit

D. Parties to a letter of credit

1. Rights and obligations of parties

E. Basic principles of letter of credit

1. Doctrine of independence
2. Fraud exception principle
3. Doctrine of strict compliance

Cases:

1. Metropolitan Waterworks and Sewerage System v. Hon. Reynaldo B. Daway and Maynilad Water Services, Inc., G.R. No. 160732, June 21, 2004

2. Mico Metals Corp. v. Court of Appeals and Philippine Bank of Communications, G.R. No. 117914, Feb. 1, 2002

3. Transfield Philippines, Inc. v. Luzon Hydro Corporation, Australia and New Zealand Banking Group Limited and Security Bank Corporation, G.R. NO. 146717, Nov. 22, 2004