legres-group 3 - reference materials

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Group 3: Books and Other Published Legal Materials

Introduction

The last couple of weeks have been a good test for most students enrolled as freshmenin law. For some, it became more interesting as various class discussions led by theprofessors have taken off. For some, it is starting to provide a seeming drown with the

sea of reading materials. With such challenge, one is led to ask the very reason ofgoing to class and study law -- to become a lawyer.

Some have been starting to ask whether it is really this difficult to become a lawyer. Asthe professors have said, it is not going to be easy; but if you want to, then you will beone. To become a lawyer, the final hurdle is to pass the Bar. The Bar is composed ofeight (8) major subjects. And before one qualifies to take the Bar, one must acquire alaw degree.

Earning a law degree is not easy, as fair warning have been given. But as the mentorshave said, it is both the knowledge from the readings and the training in handling the

load that prepares a student for the law profession. And yes, this involves hundreds ofbooks and thousands of cases.

Reading through thousands of pages of texts and hundreds of topics, one might bedrowned with so many different ideas. This could then lead to the question ofwhatactually are we studying in Law Schooland how does it relate to what we need tostudy for the Bar? And as one starts to look into particular fields of interest, whattopics in law have a wide literature as a reference for conducting legal research?

Presentation ObjectivesThis report seeks to summarize the available literature in each field of law study .

MethodologyThis report shall proceed bypresenting the current eight (8) bar subjects andmatching it with the law school courses that comprise each bar subject; and lookinginto the literature available in each field.

Discussion Flow1. What are the eight (8) Bar subjects?2. What are the law school courses in AUSL?3. What are the major groupings provided by the author?4. What topics have literature written so far?

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1. Bar Subjects:1. Political and International Law2. Labor and Social Legislation3. Taxation4. Civil Law

5. Mercantile Law6. Remedial Law7. Legal Ethics8. Criminal Law

Week AM PM

Sun 1 1. Political & International Law2. Labor and Social Legislation

3. Taxation

Sun 2 4. Civil Law 5. Mercantile Law

Sun 3 6. Remedial Law7. Legal Ethics

8. Criminal Law

Sun 4 Trial Memorandum Legal Opinion, with One LegalForm

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2. Law School Subjects (AUSL):1. Political and International Law

a. [Constitutional Law 1] Structure of Governmentb. [Constitutional Law 2] Bill of Rightsc. Public International Lawd. Administrative Law, Pubic Officers & Election Law

e. Public Corporationsf. Political Law Review

2. Labor and Social Legislationa. [Labor Law 1] Labor Standards and Social Legislationb. [Labor Law 2] Labor Relationsc. Labor Law Review

3. Taxationa. Taxation 1b. Taxation 2c. Taxation Law Review

4. Civil Lawa. Persons & Family Relationsb. Obligations & Contracts

c. Propertyd. Negotiable Instrumentse. Torts & Damagesf. Credit Transactionsg. Land Titles & Deedsh. Salesi. Wills & Successionj. Conflicts of Lawsk. [Business Organization 1] Agency & Partnershipl. Civil Law Review (I & II)

5. Mercantile Lawa. Insuranceb. [Business Organization 2] Corporationsc. Intellectual Property

d. Technology & the Lawe. Commercial Law Review (I & II)

6. Remedial Lawa. Criminal Procedureb. Civil Procedurec. Evidenced. Special Proceedingse. Alternative Dispute Resolutionf. Remedial Law Review (I & II)

7. Legal Ethicsa. Legal Ethicsb. Problem Areas in Legal Ethics

8. Criminal Lawa. Criminal Law 1

b. Criminal Law 2 & Special Penal Lawsc. Criminal Law Review

* Special Subjectsa. Legal Research & Writingb. Advanced Legal Writingc. Statutory Constructiond. Legal Formse. Legal Medicine

3. Books and Other Published Legal Materials [Santos-Ong]Page 3 of24


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I. Reference MaterialsDictionaries 20International Treaties 2Form Books 12

II. Statutory LawStatutory Law Book Compilation 25Statute Finder Index 14

Administrative Rules and Regulations 4

III. Case Law/ JurisprudenceCase/ Court Reports 14Case Finders (Digest & Index, etc.) 22

IV. Treaties/ Annotations/ Commentaries, etc.1. Civil Law2. Commercial Law

3. Criminal Law4. Labor Law5. Legal and Judicial Ethics6. Legal Medicine and Other Medical Laws7. Legal Philosophy8. Legal Research and Writing9. Political Law10. Remedial Law11. Statutory Construction12. Taxation13. Tariff and Customs CodeOther Special Topics

In general, legal research is the process of finding laws, rules and regulations that governactivities in human society. It involves locating both the laws and rules which are enforced bythe State and the commentaries which explain or analyze these rules.

Legal research involves the use of printed and electronic sources. The printed sources includethe Constitution statutes, court decisions, administrative rules and scholarly commentaries.

In law, these latest legal information/ materials must be readily available not only to the legalresearch profession but to the public as well.

Three (3) Broad Categories of Legal Literature

A. Primary Sources (recorded laws and rules which will be enforced by the State)B. Secondary Materials (not primary authority but which discussed or analyze legal

doctrine, it includes treaties, commentaries and encyclopedias)C. Finding Tools (only a means for locating primary sources)

Law Books of Secondary Authority

1. Case Digest

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2. Treaties and Textbooks3. Bar Reviewers4. Legal Periodicals5. Legal Encyclopedia6. Law Dictionaries

Now, we will discuss the books and other published legal materials..

Statute Finder(Index)

These are materials used by the researcher to locate the desired statute easily.

Researcher should determine which words or phrases relate to the issues one researching and

then locate these words and phrases in the general index, which will help direct to the

appropriate statute.

Sample of Published Materials

1.

Title: Subject and title index to Executive OrdersFebruary 25, 1986-July 26, 1987

Subject: Executive power -- PhilippinesAuthor : Vyva Victoria AguirrePublication Info: QC: U.P. Legal Resources Center, 1987

2.Title: Compendium of Philippine laws.Subject: Laws of the Philippines -- IndexesPublication Info: QC: House of Representatives, Congressional Library, 1989

Administrative Rules and Regulations

Administrative agencies and other government instrumentalities have their own regulations and

regulations which are generally not published. Researcher can get these regulation by going to

the specific government agencies official website.

Alternate Resources:Philippine Law Journals such as Court Systems Journal, Lawyers Review, Philippine OfficialGazetteBulletin and/or Newsletter of the Administrative Agency and Instrumentality

CASE LAW/JURISPRUDENCE

Case law refers to the creation and refinement of law in the course of judicial decisions.

It refers to the entire collection of published legal decisions of the courts which, because of

Stare Decisis, contributes a large part of the legal rules which apply in modern society.

Jurisprudence has come to refer to case law, or the legal decision which were developed

and which company statutes in applying the law against situation of fact.

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Case/Court Reports

Compilations of judicial decisions are printed in case reports or reporters. As with the statutes,these are both official case reports and commercially-produced reporters.

A. Official Publication

Official sources are those publications sanctioned by the government or court as theauthoritative text of the law. Courts generally require citation to official sources of law.

For Supreme Court Decisions, the primary sources are Philippine Reports (Vol. 1-132) andthe Official Gazette.

B. Unofficial Publication

Unofficial sources are commercially published and often more timely. They are editoriallyenhanced to published sources are being designated as the official texts to be cited to courts.

a. Published by the Central Lawbooks Inc : e.g. Supreme Court Reports Annotated orSCRA,Court of Appeals Reports Annotated: Selected Decisions of the Court of

Appealsin 1986/compiled, Supreme Court Unpublished Decisios (March 1946-February1952) compiled by David Nitafan

b. Published by the REX Bookstore : e.g. Supreme Court Advance Decisions or SCAD,

c. Lex Libris for for electronic format. (Lex Libris: Jurisprudence. CD Asia Technologies)

Case Finders (Digest and Index)

Digests are usually the best source to locate cases on a specific topic. They arearranged by broad subjects which are further subdivided. It also have a Descriptive Word Indexto help find the most appropriate subject, Topic Outlines and a Case Name Table to locatecitation when you have the parties name.

Title: Supreme court reports annotated : Quick index-digest.

Publication Info: Quezon City : Central Book Supply Vol. 1-Present Annual Publication

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1. Civil Law

CIVIL LAW generally treats of the personal and family relations of an individual, his propertyand successional rights, and the effects of his obligations and contracts. Below are the lawschool subjects under the Civil Law:

Persons and Family Relations . Views the effect and application of laws and the law on

human relations, and examine the legal norms affecting civil personality, marriage, propertyrelations between husband and wife, legal separation of property, family, paternity andfiliation, adoption, guardianship, support, parental authority, surnames, absence andemancipation, including the rules of procedures relative to the foregoing .(Preliminary Titleand Book I of Republic Act No. 386- New Civil Code, E.O. 209 as amended by E.0. 227[Family Code], RA 6809 [Lowering the Age of Majority], Child and Youth Welfare Code, Codeof Muslim Personal Laws of the Philippines, etc.)

Obligations and Contracts . Deals with the nature, kinds and effects of obligations and theirextinguishment; contracts in general, their requisites, form and interpretation; and kindsincluding defective contracts, quasi-contracts, natural obligations, and estoppel. (Book IV ofRA 386-New Civil Code)

Property . Covers different kinds of property; ownership, possession, usufruct, easements orservitudes, nuisance, and the different modes of acquiring ownership. (Book II of RA 386-New Civil Code)

Negotiable Instruments . Examines statutory provisions governing negotiable instruments aswell as other commercial papers, including investment papers and money marketinstruments. (RA 2031- Negotiable Instruments Law)

Torts and Damages . Analyzes the law on quasi-delicts as well as the nature, classes andextent of damages. (Book IV of RA 386-New Civil Code)

Credit Transactions . Governs loans and deposits, including mortgages, pledge, antichresis,guaranty, sureties and other securities or collaterals. (Book IV of RA 386-New Civil Code)

Land Titles and Deeds. Deals with the system and methods of registration of titles and deedsto land. (Property Registration Decree, Public Land Act, etc.)

Sales . Study of the contract of sale, its nature and form, the obligations of the vendor and thevendee, warranties, remedies, breach of contract, and conventional and legal redemption.The course includes assignment of credits and incorporeal rights and the Bulk Sales Law.(Book IV of RA 386-New Civil Code)

Wills and Succession . Covers testate and intestate succession, including wills, institution ofheirs, computation of legitimes of compulsory heirs, disinheritance, and partition anddistribution of the estate. Also takes up rules of procedure on the settlement andadministration of the estate of deceased persons. (Book III of RA 386-New Civil Code)

Conflicts of Laws . Deals with legal transactions or relationships involving foreign elementswith emphasis on the choice of law methods, including problems in jurisdiction and inrecognition and enforcement of foreign judgements.

Agency and Partnership (Business Organization I) . Combines the laws of partnership,agency and trusts. (Book IV of RA 386- New Civil Code)

Civil Law Review I. Generally integrates the principles in civil law covering the effect andapplication of laws, the law on human relations, Persons and Family Relations, Property,

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Ownership and its Modifications, the Different Modes of Acquiring Ownership, includingSuccession. Pertinent provisions of special laws and the Rules of Court are also reviewed.

Civil Law Review II. Generally integrates the principles in civil law relating to obligations andcontracts, sales, lease, quasi-contracts, quasi-delicts and damages.

Agency . The contract of agency is one whereby a person binds himself to render some

service or to do something in representation or on behalf of another, with the consent orauthority of the latter. Simply stated, this branch of commercial law separates and regulatesthe relationships between the following persons:

1. Agents and principals2. Agents and third parties with whom they deal on their principals behalf3. Principals and third parties when the agents purport to deal on their behalf(Article 1868 of the New Civil Code of the Philippines)

Muslim Personal Laws . Presidential Decree issued by former President Ferdinand E.Marcos on February 4, 1977 to ordain and promulgate a code recognizing the system ofFilipino Muslim Laws, codifying Muslim Personal Laws and providing for its administrationand for other purposes. (Presidential Decree 1083: Code of Muslim Personal Laws of the

Philippines) Agrarian Reform . This program aims for a more equitable distribution and ownership of land,

balancing the rights of landowners to just compensation and to provide the opportunity forour farmers, farm workers and the like to improve their quality of life.

Related Laws:

Republic Act 6657: Comprehensive Agrarian Reform Law of 1988

Republic Act 8532: An Act Strengthening Further the Comprehensive Agrarian ReformProgram by Providing Augmentation Fund Therefor, Amending for the Purpose Section63 of RA 6657

Republic Act 7907: An Act Amending Republic Act 3844, as amended, otherwise known as

the Code of Agrarian Reform in the Philippines

Republic Act 7905: An Act to Strengthen the Implementation of the Comprehensive AgrarianReform Program and for Other Purposes (Amended Secs. 35 (Creation of SupportServices Office), 36 (Funding for Support Services), 44 (Creation of Provincial AgrarianReform Coordinating Committee [PARCCOM]), 45 (Province-by-ProvinceImplementation)

Republic Act 7881: An Act Amending Certain Provisions of RA 6657, Entitled An ActInstituting A Comprehensive Agrarian Reform Program to Promote Social Justice andIndustrialization, Providing the Mechanics for Its Implementation, and for OtherPurposes

Natural Resources . The course covers laws on the control of pollution, hazardous and toxicwastes including zoning regulations in aid of pollution control. It looks at the state of localand international legislation and agreements including agencies that address environmentalproblems as well as the problems of enforcing environmental laws.

Related Laws:RA 9175: Chain Saw Act of 2002RA 9168: Philippine Plant Variety Protection Act of 2002RA 9154 : Mt. Kanla-on Natural Park (MKNP) Act of 2001

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RA 9147: Wildlife Resources Conservation and Protection ActRA 9072: National Caves and Cave Resources Management and Protection ActRA 9003: Ecological Solid Waste Management Act of 2000RA 8749: Philippine Clean Air Act of 1999Implementing Rules & Regulations of the Philippine Clean Air Act of 1999RA 8550: Philippine Fisheries Code of 1998

RA 8485: Animal Welfare Act of 1998RA 8435: Agriculture & Fisheries Modernization Act of 1997RA 8371: The Indigenous Peoples Rights Act of 1997RA 8172: An Act for Salt Iodization Nationwide (ASIN)RA 8048: Coconut Preservation Act of 1995RA 8041: The Water Crisis Act of 1995RA 7942: Philippine Mining Act of 1995RA 7907: Amendment to the Agrarian Reform CodeRA 7900: High-Value Crops Development Act of 1995RA 7611: Strategic Environmental Plan for Palawan ActRA 7586: National Integrated Protected Areas System Act of 1992RA 7308: Seed Industry Development Act of 1992

RA 7161: Tax Laws Incorporated in the Revised Forestry CodeRA 7076: Peoples Small-Scale Mining Act of 1991RA 6969: Toxic Substances & Hazardous & Nuclear Wastes Control Act of 1990RA 4850: An Act Creating the Laguna Lake Development Authority (LLDA)EO 927: Further Defining Certain Functions and Powers of the LLDALLDA Resolution 33 Series of 1996: Approving the Rules and Regulations Implementing the

Environmental User Fee System in the Laguna De Bay RegionRA 4190: Lanao Del Sur National ParksRA 3931: National Water & Air Pollution Control Commission ActRA 3571: Prohibition Against Cutting of Trees in Public Roads, Plazas, etc.BP 701: An Act Amending Section 36 of PD 705, Otherwise Known As The Revised

Forestry Code of the Philippines

BP 58: An Act Amending RA 5474, as Amended by RA 6145 (Re: Prohibiting the Catching,Selling, Offering to Sell, Purchasing any of the Fish Species called Gobiidae or Ipon)

PD 2001: Withdrawal of Lead in GasolinePD 1899: Small-Scale Mining LawPD 1775: Amendment to the Revised Forestry CodePD 1433: Plant Quarantine Law of 1978PD 1219: The Coral Resources Development & Conservation DecreePD 1152: Philippine Environment CodePD 1151: Philippine Environmental PolicyPD 1067: The Water Code of the PhilippinesPD 984: National Pollution Control CommissionPD 979: Marine Pollution Decree of 1976

PD 856: Code on Sanitation of the PhilippinesPD 825: Penalty for Improper Garbage DisposalPD 813: Amending Certain Sections of RA 4850 (LLDA Act of 1966)PD 705: Revised Forestry Code of the PhilippinesPD 704: Philippine Fisheries Code of 1975PD 601: Revised Coast Guard LawPD 274: Pertaining to the Preservation, Beautification, Improvement and Gainful Utilization

of the Pasig River, Providing for the Regulation and Control of Pollution of the River and

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Its Banks in Order to Enhance Its Development., Thereby Maximizing Its Utilization forSocio-Economic Purposes

EO 52: Creating the Pasig River Rehabilitation CommissionEO 65: Amending EO 54 Series of 1999

Act 4062: An Act to Reserve to the Philippine Legislature the Disposition of the Waters ofthe Public Domain for the Utilization and Development of Hydraulic Power

Act 4003: The Fisheries ActAct 3983: An Act to Protect Wild Flowers and Plants in the Philippine Islands and to

Prescribe Conditions Under Which They May Be Collected, Kept, Sold, Exported, andfor Other Purposes

Act 3572: Prohibition Against Cutting of Tindalo. Akli and Molave TreesEO 247 (1995): Guidelines on Biological & Genetic ResourcesEO 542 (Pres. Marcos): Task Force PawikanProclamation No. 2146: Environmental Impact Statement System Areas/Types of ProjectsProclamation 926 (Pres. Corazon Aquino): Subic Watershed Forest Reserve LawProc 740, 594, 2 Quezon National ParkDENR Administrative Order 03: Preferential Treatment of Small Fisherfolks (15-km Mun.

Water)

Bureau of Forest Development Circular 08: Regulations for the Conservation of MarineTurtles

EO 192 (1987): Reorganization Act of the DENRLatest Issuances of the DENRDENR-DILG-LGUs Partnership Manual of Procedures

Treaties/ Annotations/ Commentaries, etc.

Civil Law

Some of the references cited by Milagros-Ong are as follows:

Persons and Family Relations

Paras, Edgardo. Civil Code of the Philippines Annotated. Manila: Rex Bookstore(2002-2004) 5 vols.

Tolentino, Arturo. Commentaries and Jurisprudence on the Civil Code of thePhilippines. QC: Central Book Supply, Inc. (2001-2002) 5 vol.

Barte. Laymans Handbook on Family Code. QC: Central Book Supply (2008)

Obligations and Contracts

Agpalo, Ruben. Obligations and Contracts. Manila: Rex Bookstore (2008) 512p.

De Leon, Hector. Comments and Cases on Obligations and Contracts. 4

th

ed .Manila: Rex Bookstore (2003) 914p.

Property

De Leon, Hector. Comments and Cases on Property. 5th ed . Manila: Rex Bookstore(2007) 760p.

Rabuya, Elmer. Property. Manila: Rex Bookstore, Inc. (2008)

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Torts and Damages

Aquino, Timoteo. Torts and Damages. Manila: Rex Bookstore (2005) 947p.

Largo, Joan. Laws and Jurisprudence on Torts and Damages. Manila: RexBookstore (2007) 210p.

Credit Transactions

Abad Santos, Vicente. Statutory Provisions, Cases and Text on CreditTransactions. Manila: Philaw Pub. (1961) 241p.

De Leon, Hector. Comments on Cases on Credit Transactions. 9th ed. Manila:Rex Bookstore, Inc. (2006) 719p.

Land Titles and Deeds

Agcaoili, Oswaldo. Property Registration Decree and Related Laws. Manila: RexBook Store (2006) 977p.

Pena, Narciso. Registration of Land Titles and Deeds. Manila: Rex Bookstore (2008)965p.

Sales

Aralar, Reynaldo. Comprehensive Commentaries on the Law of Sales. QC: Central

Book Supply (2008) Villanueva, Cesar. Law on Sales. Manila: Rex Bookstore (2004) 869p.

Wills and Succession

De Leon, Hector. Comments and Cases on Succession. Manila: Rex Book Store(2003) 661p.

Diy, Alicia Sempio. Succession in a Nutshell. QC: Joer Printing Services (2004)124p.

Conflicts of Laws

Agpalo, Ruben. Conflict of Law. 2004 ed. Manila: Rex Bookstore, Inc. (2004) 669p.

Aquino, Ranhilio. Review Notes on Conflict of Laws. QC: Central Books Supply(2000)

Agency and Partnership (Business Organization I) De Leon, Hector. Comments on Partnership, Agency and Trusts. Manila: Rex Book

Store, Inc. (2005) 717p.

Capistrano, Francisco. The Philippine Law of Agency. Manila: Pasicolan BookService (1960) 88p.

Pasimio, Renato. Partnership, Agency and Trusts. QC: Central Book Supply (2006)499p.

Some of the listed bar reviewers are as follows:

Agcaoli, Bar Reviewer in Property Registration and Related Proceedings. Manila:Rex Bookstore (2008)

Albano, Ed Vincent. Bar Review Guide in Civil Law. 3rd ed. Manila: Rex

Bookstore (2000) 888p. Jurado, Desiderio. Civil Law Reviewer. Manila: Rex Bookstore (2006)

Agency

Aralar, Reynaldo B. Agency, Sales, Bailments and/or Credit Transactions; Lawand Jurisprudene. 2006 ed. Mandaluyong: National Book Store (2006) 360p.

Nolledo, Jose N. Handbook on Sales, Agency and Bailments. 1990 rev. ed.Manila: National Book Store (1990) 416p.

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Pineda, Ernesto L. Partnership, Agency and Trusts. Q.C.: Central Book Supply,Inc. (2006) 499p.

Muslim Personal Laws

Alauya, Saaduddin. Quizzer in Muslim Personal Law With Legal Opinion. 4th ed.Manila: Rex Book Store (2007) 274p.

Arabani, Bensaudi. Commentaries on the Code of Muslim Personal Laws of thePhilippines with Jurisprudence and Special Procedure. Manila: Rex Book Store(1990) 771p.

Majul, Cesar Adib. The General Nature of Islamic Law and Its Application in thePhilippines (1976)

Agrarian Reform

German, Milagros A. Rulings from the SCRA in Agrarian Cases: Annotated fromJuly 3, 1993 to January 5, 1998 With the Latest Trends in Substantive andProcedural Law-Agrarian Reform. Mandaluyong City: National Book Store (2000)229p.

Barte, Recaredo. Law on Agrarian Reform. Manila: Rex Book Store (2003) 529p.

Rodriguez, Rufus. Comprehensive Agrarian Reform Law Annotated. Q.C.:Central Professional Books, Inc. (2004) 350p.

Natural Resources

Agcaoili, Oswaldo. The Law on Natural Resources. Manila: Rex Book Store(2007) 581p.

Pena, Narciso. Philippine Law on Natural Resources. Manila: Rex Book Store(1997) 447p.

Philippine Mining Act of 1995 and Related Laws Comp. & edited by the CBSEditorial Staff. Q.C.: Central Books Supply (1998) 352p.

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2. Commercial LawAs for Commercial law which is the body of law that governs the broad and sometimes

vague areas of business, consumer transaction, and commerce, theprimary sources are:

Negotiable Instruments Law (Act No. 2031)

Corporation Code(Batas Pambansa Bilang 68)

Insurance Code (Presidential Decree No. 612)The Insurance Code of 1978 :A Decree to Consolidate and Codify All the Insurance Laws of the

Philippines (Presidential Decree No. 1460).

An Act Amending Certain Sections of Presidential Decree Numbered Fourteen Hundred and Sixty,Otherwise Known as the Insurance Code of 1978.(Batas Pambansa Bilang 874)

Amending Certain Sections of Presidential Decree No. 1460,Otherwise Known as the Insurance Code.(Presidential Decree No. 1814)

Insurance Act (Act No. 2427)

Business Organizations

Foreign Investment Laws of the Philippines (A Compilation)

Foreign Investment Brief

Intellectual Property Laws of the Philippines (A Compilation)

Retail Trade Liberalization Act of 2000

The Electronic Commerce Act of 2000Philippine Year 2000 Disclosure and Readiness Act

Financing Company Act of 1998

An Act Amending R. A. No. 8182

Revised Non-Stock Savings and Loan Association Act of 1997

An Act Liberalizing the Philippine Investment House Industry

Magna Carta for Small Enterprises

Anti-Dumping Act of 1994

The Price Act

The Consumer Act of the Philippines

Carriage of Goods by Sea Act

An Act to Prevent the Excessive Increase in the Price of Certain Prime Necessities of Life on theOccasion of a Public Calamity, Penalizing the Violation Thereof, and for Other Purposes.

(Act No. 4164)The Bulk Sales Law

These are primary sources because again, primary sources of law are the officialpronouncements of the governments lawmakers: court decisions, statutes, and regulations.They are products of official bodies with the authority to make law. In other words, they are thelegal rules that govern the society.

Example of secondary sources of Commercial law, on the other hand, is USEC Ernesto

L. PinedasSales and Other Special Contracts, 2002 edition . Another is Dean Antonio Abads

Negotiable Instruments Law published in the year 2006. Also, Commentaries and

Jurisprudence on the Commercial Laws of the Philippines, published in the year 1996, of

Aguedo Agbayani, and the like. These are secondary sources because they providecommentary and background information on the primary sources of law or assist in locating the

law. They provide a quick overview or an in depth analysis of the general law relating to a topic,

with references to leading cases or relevant legislation.

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3. Criminal Law

Books on The Revised Penal Code, Pointers in Criminal Law, etc. published by differentauthorize person such as Reyes, Luis: The Revised Penal Code. Rex Books tore

A. Bar Reviewers in Criminal Law (Criminal Law Reviewer in Special Penal Laws,

Comprehensive Reviewer in Criminal Law.Author: Boado, Leonor, etc. Rex Bookstore)B. Anti- Money Laundering (AMLA Laws Discussed. Central and Rex Bookstore)

C. Bouncing Checks (Handbook on Batas Pambansa 22 and Estafa. Cebtral Bookstore andCentral)

D. Dangerous Drugs (A Comprehensive Dangerous Drugs Act- Republic Act 9165)

E. Libel (Fundamentals of Libel Law 2nd ed. Reyes, Luis. National Bookstore)

F. Sexual Violence, Juvenile Delinquency etc. (Victimless Crimes in the Philippines, Law onRape, Sexual Harassment and Violence Against Women Central and Rex)

G. Environmental Law (Environmental Laws in the Phil, Legal Arsenal for the PhilEnvironment-SCPS)

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4. Labor LawLabor Law as a law school subject is taught in two separate courses: Labor Law 1 & Labor Law 2.Labor Law 1 looks into the minimum labor standards as well as social legislation.

Labor Standards include:-pre-employment which looks into recruitment and placement of workers as wellas employment of non-resident aliens (Bk I)

-human resources development which looks into manpower development andtrainin and employment of special workers (Bk II)-working conditions of employees which looks into working conditions and restperiods, wages, and working conditions for special groups of employees (Bk III)-health, safety, and social welfare benefits which looks into medical, dental, andoccupational safety, compensation and insurance, medicare, and adult education(Bk IV)

Labor Standards also include Special Laws on:-RA8042: Migrant Workers and Overseas Filipino Act-RA7796: The TESDA Law-RA7277: Magna Carta for Disabled Persons-13th Month Pay-Paternity Leave-Protection and Welfare of Women-Sexual Harassment-Child Abuse

Social Legislation looks into special laws that include statutes and decrees ensuring socialwelfare, which include:

-RA8282: Social Security Act of 1997-PD1146: GSIS Law-RA7875: PhilHealth Law

Labor Law 2 looks into labor relations between the employee and the employer as well as Post-Employment relations, which include:

-Labor relations looks into employee rights to self-organization and collective bargaining,including laws on unfair labor practices, grievance mechanisms, trade unions, strikes, andlockouts (Bk V)-Labor relations also include post-employment relations, which covers classes of

employment, termination and dismissal, and retirement (Bk VI)-this also covers penal provisions of the Code and prescription of actions and claims

Santos-Ong noted fifty-five (55) books on Labor Law. Following the brief description above onLabor Law, the books listed can be classified into four (4): the Codals, general Labor, Labor 1 text, andLabor 2 text.

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Category Sub-Category Titles

Labor Law 55 titles

Codals 3 titles

Labor (general) 18 titles

Labor 1 Labor Standards & Social Legislation 7 titles

Labor Standards 5 titles

Overseas Employment/ Workers Rights 2 titles

Civil Service 2 titlesHousehelpers 2 titles

Hiring/ Job Contracting 2 titles

Labor 2 Labor Relations 6 titles

Termination 4 titles

Arbitration 3 titles

Strikes 1 title.

Bar Reviewers 4 titles


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5. Legal and Judicial Ethics

Legal Ethics [Legal and Judicial Ethics] is the branch of moral science which treats of the duties which anattorney owes to the court, to his client, to his colleagues in the profession, and to the public (Malcol, Legaland Judicial Ethics, [1949] as cited in Pineda, Legal Ethics [2009]).

Legal Ethics is offered in two courses: Legal Ethics and Advanced Legal Ethics.

Legal Ethics provides the necessary moral foundation in the practice of law to guidelawyers in their practice. This includes looking into:

-Code of Professional Responsibility-Canons of Professional Ethics-jurisprudence, moral law, and special laws

Advanced Legal Ethics is a focused course on investigating and solving problem situationwhich lawyers and judges face in the practice of the profession

Santos-Ong noted forty-two (42) books on Legal Ethics. Following the brief description above on LegalEthics, the books listed can be classified into four (4): Ethics, Law Practice/Legal Profession, Bar Reviewersin Legal Ethics, and general Bar guides.

6. Legal Medicine and Other Medical Laws

Legal medicine is the branch of law that deals with medico related matters.

Santos-Ong noted thirteen (13) books on Legal Medicine and other Medical Laws. After a brief review of

the titles, said books can be categorized into five (5) categories:

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Category TitlesLegal Ethics 42 titles

Ethics 12 titles

Law Practice/ Legal Profession 11 titles

Bar Reviewers in Legal Ethics 6 titles

Bar Guides 13 titles

Category Titles

Legal Medicine and Other Medical Laws 13 titles

Specific Health Science 4 titles

Legal Medicine 3 titles

Medical Health Professional 3 titles

Forensic Science 6 titles

Psychological Incapacity 1 title .


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7. Legal Philosophy

LEGAL PHILOSOPHY- refers to the branch of philosophy that is concerned with law and theprinciples leading courts to make decisions. Legal philosophy is also concerned with theevaluative theories of law. It provides a general philosophical analysis of law and legalinstitutions.

There are 9 recommended references and some are:

Aquino, Ranhilio. A Philosophy of Law: An Introduction to Legal Philosophy. QC.:Central Book Supply (2006) 220p.

Pascual, Crisolito. Introduction to Legal Philosophy. QC.: UP Law Center (1997) 572p.

Rodriguez, Rufus. Introdution to Law. Manila: Rex Bookstore, Inc. (2001) 193p.

Santiago, Miriam. History and Philosophy: The Great Philosophers. QC.: CentralBookSupply (2003) 351p.

8. Legal Research and Writing

LRW teaches students to research legal sources, analyze the law, apply the law to a clientsfacts, organize a legal argument, and communicate that argument in writing. Frequently,students comment that the skills they learn in LRW help them succeed in other first-yearcourses and in their first legal jobs.

The Recommended references are:

Abad. Fundamentals of Legal Writing. Manila Rex Bookstore (2004)

Gupit, Fortunato ans D. Martinez. A guide to phil Legal Materials. Manila Rex Bookstore(1993)

Javines , Francisco. Legal Writing. Manila Rex Bookstore (1993)

Jimenez. Legal Writing

Rodriguez, Rufus. Legal Research. Manila Rex Bookstore (2002) Santos-Ong, Milagros. Phil Legal Research. Q.C. Central Book Supply (2007)

9. Political Law

POLITICAL LAWis that branch of public law which deals with the organization and operationsof the governmental organs of the State and defines the relations of the State with theinhabitants of its territory.

A CONSTITUTION is the fundamental law of the land.

a. The Constitution currently in effect was enacted in 1987, during the administrationof President Corazon C. Aquino, and is popularly known as the "1987 Constitution".

There are 25 recommended references and some are:

5 books authored by Bernas, Joaquin published by Rex BookstoreThe 1987 Constitution of the Republic of the PhilippinesThe 1987 Philippine Constitution 2008 SupplementThe 1987 Constitution: A Comprehensive ReviewThe Intent of the 1987 ConstitutionThe 1987 Philippine Constitution for Ladies, Gentlemen and others.

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* Philippine constitutional law experts recognize three other previous constitutions ashaving effectively governed the country the 1935 Commonwealth Constitution, the 1973Constitution, and the 1986 Freedom Constitution.

b. Provisional/1986 Freedom ConstitutionFollowing the EDSA People Power Revolution that removed President Ferdinand E.

Marcos from office, the new President, Corazon C. Aquino issued Proclamation No. 3 as aprovisional constitution. It adopted certain provisirons from the 1973 constitution and grantedthe President broad powers to reorganize the government and remove officials from office, andmandated that the president would appoint a commission to draft a new constitution.

There are 4 recommended references namely:

De leon, Hector. Textbook on the provisional Constitution. (1986)

Manansala, Manuel. The 1986 Provisional Constitution of the Republic ofthe Philippines(1986)

Martin, Ruperto. Law and Jurisprudence on the Freedom Constitution ofthe Philippines: premium Books(1986)

Suarez,Rolando. Notes and Comments on Proclamation No.3 and theProvisional Constitution of the Republic of the Philippines(1986)

c. The 1973 Constitution, promulgated after Marcos' declaration of martial law, was supposed tointroduce a parliamentary-style government.

There are 16 recommended references some are:

Bernas, Joaquin,The (Revised) Philippine Constitution. 1983 ed. Manila: RexBookstore (1983) 2 vols.

Fernando, Enrique. The Constitution of the Phils. 2d ed. Q.C: Central bookSupply (1997) 1056p.

Mendoza, Vicente. Government Under the New Constitution. Q.C.: UP LawCenter( 1975)

d. The 1935 Constitution- this was written in 1934, approved and adopted by the

Commonwealth of the Philippines (19351946) and later used by the Third Republic of thePhilippines (19461972). It was written to ensure that the U.S. would live up to its promise togrant the Philippines independence.

There are 7 recommended references some are:

Aruego, Jose. Phil Political Law. Manila: University Pub (1950). 404p

Nolledo, J. constitution of the Phils.. Manila: National Bookstore (1971) 192p.

Villaluz, N. Commentaries and Opinions on the Constitution. (1935)

e. Comparative- a study of comparison between the 3 Constitutions:

Some references are:

Pacis, Vicente. Founders of Freedom: Histry of the three Philippines

Constitutions. (1971) Padilla, Ambrosio. The 1987 Constitution of the Republic of the Philippines. Vol

3

Sison, Carmelo. Comparative Study of the 1987, 1973 and 1935 PhilConstitutions. Q.C UP Law Center (1999).

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10.Remedial Law

Remedial is that which prescribes the manner of enforcing Legal Rights and claims. REMEDIALLAW is that branch of law which prescribes the method of enforcing rights or obtaining redressfor their invasion. It is also known as Adjective Law.

SUBSTANTIVE LAW is one which creates, defines, and regulates rights.PROCEDURE is the method of conducting a judicial proceeding. It includes whatever isembraced in the technical terms, pleadings, practice, and evidence. It is the means by whichthe power or authority of a court to hear and decide a class of cases is put to action.

JURISDICTION is the power to hear and decide cases. It is the power with which courts areinvested with the power of administering justice, that is, for hearing and deciding cases. Inorder for the court to have authority to dispose of a case on the merits, it must acquire

jurisdiction over the subject matter and the parties.

a. Related Bibliography

i. Aguilar, narciso. Remedial Law; Basic Provisions Annotated. Q.C.: CentralBook Supply (2004) 598p.

Title: Remedial Law Basic Provisions Annotated

Author: Judge Narciso M. Aguilar

Publisher: Central Book Supply, Inc.

ISBN: 978-971-691-943-1

No. of Pages: 678

Size: 6"X9"

Edition: Second Edition,2009

Binding: Softbound

Price: 860.00

Description: After the First Edition of this book came out in 2004, manydevelopments transpired on various aspects of the Rules of CivilProcedure, particularly the amendments introduced in 2007.

Moreover, jurisprudence was enriched with the latest rulings whichcame out as of 2008. Hence, some of the cases until December,2008 are cited in this book.The author trusts that, as in the past, hisreaders and patrons will be glad to welcome this Second Edition.

ii. Aquino, Hilarion. Remedial Law; Doctrines Enunciated in Ponencias onJurisdiction, Procedure and Evidence Including Useful outline. Q.C.: CentralBook Supply (2002) 369p.

Title: Remedial Law

Author: Hilarion L. Aquino

Publisher: Central Book Supply, Inc

ISBN: 971-16-0507-4

No. of Pages: 369

Size: 6"x9"

Binding: Hardbound

Price: P900

b. Bar Reviewer in Remedial Law

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i. Salvador Bernardo Jr. Bar Reviewer in Remedial Law and Legal Ethics. Q.C.:Central Book Supply (2004) 288p.

Title: Bar Reviewer in Remedial Law and Legal Ethics

Author: Atty. Bernardino P. Salvador Jr.


ISBN: 971-691-304-4

No. of Pages: 288

Size: 6"x9"

Binding: Softbound

Price: P480

c. Civil Procedure

THE 1997 RULES OF CIVIL PROCEDURERules 1 to 71Took effect on July 1, 1997, in accordance with the resolution in Bar Matter No. 803adopted by the Supreme Court in Baguio City on April 8, 1997

Pursuant to the provisions of Section 5(5) of Article VIII of the Constitution, theSupreme Court hereby adopts and promulgates the following rules concerning theprotection and enforcement of constitutional rights, pleading, practice and procedurein all courts, the admission to the practice of law, the Integrated Bar, and legalassistance to the underprivileged.

i. Aguilar,Narciso. Fundamentals of Civil Procedure. Q.C.: Centrl Book Supply(2001) 417p.

Title: Fundamentals of Civil Procedure and Civil Actions

Author: Narciso M. Aguilar

Publisher: Central Law book Pub

ISBN: 9711604248 / 9789711604240 / 971-16-0424-8

No. of Pages: 417

ii. Bernardo, Oscar. Civil Procedure Annotated. Mandaluyong: National BookStore (2005) 431p.

Title: Civil procedure annotatedAuthor: Oscar B. Bernardo

Publisher: National Book Store

ISBN: 9710865889

No. of Pages: 431

d. Criminal Procedure

1985 RULES OF CRIMINAL PROCEDURERules 110 to 127[As Amended per Resolutions Adopted by the Supreme Courton June 17, 1988 and July 7, 1989]

i. Aguilar, Narciso. Revised Rules on Criminal procedure Annotated. 2nd ed.Q.C.: Central Book Supply (2005) 456p.

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Title: The Revised Rules of Criminal Procedure

Author: Judge Narciso M. Aguilar


ISBN: 971-0354-76-0

No. of Pages: 456

Size: 6"x9"

Edition: Second Edition, 2005Binding: Softbound

Price: P680

Description: The demand to come up with this volume has long arise consideringthat after the effectivity of the Revised Rules of Criminal Procedureon December 1, 2000, subsequent developments transpired relativethereto; hence, a new book on such subject matter is beingexpected.

ii. Garcia, Rodolfo. The Art of Criminal Investigation and Detection. Q.C.:Central Book Supply (2004)

Title: The Art Of Criminal Investigation & Detection

Author: Atty. Rodolfo M. GarciaPublisher: Central Book Supply, Inc.

ISBN: 971-691-311-7

No. of Pages: 195

Size: 6"X9"

Edition: 2004 Edition

Binding: Softbound

Price: P380

Description: The presentation is anchored on the Principles andConcepts which serve as the skeletal framework; theexplanations as the flesh of the skeleton; and theillustrative actual cases as the adornments or highlights.

Thus, it will present a complete and finished product of the

art to the mind of the reader. The author would have citedfifty or more cases but the constraints of space limited it toa few. This book has been written for Criminologystudents,Criminology Board Examination Reviewees,members of the law enforcement profession especiallycriminal investigators, members of the Philippine BAR andto all those who are involved or interested in our Criminal

Justice System.

e. Evidence

i. Aguilar, Narciso. Revised Rules on Evidence Annotated. Q.C.: Central BookSupply (2004) 403p.

Title: Revised Rules on Evidence AnnotatedAuthor: Judge Narciso M. Aguilar


ISBN: 978-971-691-790-1

No. of Pages: 403

Size: 6"X9"

Edition: Second Edition,2008

Binding: Softbound

Price: P600

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ii. Generoso, E.B. Evidence for Everybody. Q.C. Central Book Supply (2006)379p.

Title: Evidence For Everybody

Author: E. B. Generoso

Publisher: Evergreen PublicationsISBN: 971-93489-0-9

No. of Pages: 310

Size: 6"x9"


Binding: Softbound

Price: P380

Description: Blooming forth is this glossy yellowish paperback 2006edition, a REPRINT from the original one, in what mayappear an upswing from it all. I just could not stay focusedon something I know can still take a turn for the better, andthe better part of it, by the way, is not only confined tocorrecting errors but updating the text as well. And I did it

with the same diligence as in this edition.

iii. Sibal, Jose Agaton. Evidence: A LawyersCompanion. Q.C. Central BookSupply (2006) 564p.

Title: Compendium On Evidence

Author: Atty. Jose Agaton Sibal


ISBN: 978-971-011-113-8

No. of Pages: 596

Size: 6 x 9


Binding: SoftboundPrice: P690

Description:

f. Special Proceedings

Special Proceedings is an application or proceeding to establish the status or right ofa party, or a particular fact, generally commenced by application, petition or specialform of pleading as may be provided for by the particular rule or law.

i. Tabingan, Monroe. Special Proceedings. 2nd ed. Q.C. Central Book supply(2205) 821p.

Title: Special Proceedings With Republic Act No. 9048 And itsImplementing Rules Comments and Cases

Author: Monroe C. TabinganPublisher: Central Book Supply, Inc.

ISBN: 971-691-320-6

No. of Pages: 821

Size: 6"X9"

Edition: Second Edition, 2005

Binding: Softbound

Price: P990

Description: With Republic Act No. 9048 and Implementing Rules, Comments

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and Cases.

11.Statutory Construction

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Definition-

- the art or process of discovering and expounding the meaning and intention of the authors ofthe law with respect to its application to a given case, where that intention is rendered doubtful,amongst others, by reason of the fact that the given case is not explicitly provided for in the law

- only statutes with an ambiguous o doubtful meaning may be the subject of statutory

construction

Reference

12.Taxation

Definition-

-As a process - it is a means by which the sovereign, through its law-making body, raisesrevenue to defray the necessary expenses of the government. It is merely a way of apportioningthe costs of government among those who in some measures are privileged to enjoy its benefitsand must bear its burdens.

-As a power - taxation refers to the inherent power of the state to demand enforcedcontributions for public purpose or purposes.

Bar Reviewer for Taxation

Income Taxation

Reference

13.Tariff and Customs Code

Tariff duties are levied on imported goods either as a revenue generating measure or a

protective scheme to artificially or temporarily inflate prices to protect a countrys domesticoutput and its industries from their foreign counterparts.

Other Special topics in Tax

Reference

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legres-group 3 - reference materials

Documents