Legal Forms Syllabus 2020 2021

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SAN BEDA UNIVERSITY

COLLEGE OF LAW
COURSE SYLLABUS

COURSE CODE: LEGFORM


COURSE TITLE: LEGAL FORMS
COURSE CREDIT: 2 UNITS
COURSE PREREQUISITE/S:
FACULTY:
EMAIL ADDRESS:
TERM/ACADEMIC YEAR: SECOND SEMESTER SCHOOL YEAR 2020-2021
DAY/TIME/ROOM/SECTION:
COURSE DELIVERY MODE: FULL ONLINE
CONSULTATION DAY/TIME:

COURSE DESCRIPTION:

A course which trains students in the drafting of various legal documents and
deeds. Training on practical skills of drafting commonly used contracts, how to
avoid litigation, as well as how to fully express and protect the true intent of the
parties.

COURSE GOALS: Expected College of Law Graduate Attributes (ELGAs)

Know and understand the laws, memorize provisions critical and analytical
thinking, effective in written and oral communication, logical reasoning, and sound
judgment, exercise of proper professional and ethical responsibilities

LEARNING OBJECTIVES/OUTCOMES (LOs):

1. Knowledge/Remembering: define, list, recognize


2. Comprehension/Understanding: describe, explain, identify, recognize
3. Application/Applying: choose, demonstrate, implement, perform
4. Analysis/Analyzing: analyze, categorize, compare, differentiate
5. Evaluation/Evaluating: assess, critique, evaluate, rank, rate
6. Synthesis/Creating: construct, design, formulate, organize, synthesize

Upon completion of the Course Title course, the student is expected to be able to:

Expected College of
Law Graduate LEARNING OUTCOMES (LOs)
Attributes (ELGAs)
Critical and analytical LO1. Exhibit a clear and in-depth understanding of remedial law, and
thinking civil procedure in particular, in preparation for the bar examination and
Effective in written and practice of legal profession
oral communication LO2. Analyze the practical and policy implications of current and
Logical reasoning proposed statutes, regulations, judicial rulings, legal arguments, and
Sound judgment strategies in preparing for a legal case
Exercise of proper LO3. Assess client concerns and translating them into responsive legal
professional and ethical arguments and strategies.
responsibilities

1
ASSESSMENT/GRADING SYSTEM:

The student will be graded according to the following:

Percentage
(Weight is based
Scope of Work
Requirements (Based on the Learning Outcomes) on the
(Individual)
importance of
the LO)
LO1 Class recitations, Quizzes, Case Digests, Individual
LO2 and Examinations Individual
LO3 Individual

Class standing before Midterms Individual 16.67%


Midterm Exams Individual 16.67%
Class Standing after Midterms Individual 33.33%
Final Exams Individual 33.33%
TOTAL 100

LEARNING PLAN:

Design or the structure of the course that includes content/topics to be covered;


learning resources to be used; weekly schedule of the topics to be taken up; and the
learning methods to be utilized that are most likely to lead students towards the
goals and learning outcomes that were defined.

LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)

Course Introduction Syllabus Lecture


Ÿ Course overview Discussion
Ÿ Course assignments
Ÿ Course requirements

• Syllabus
• Textbooks
• Supreme FEB 15-20
Module 1: Court (MODULE 1)
Decisions
2004 Rules on Notarial Practice (SCRA)
(A.M. No. 02-08-13-SC)

2
LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
Module 2:

Private and Public Documents

a. Significant Distinctions
- Under the Rules of Court
- Under the Revised Penal
Code
b. Jurat and Acknowledgment
c. Types of Acknowledgment
- When principal is known to
the Notary
- When principal is not
known to the Notary
- When document consists of
several pages
- When party is a corporation
or a juridical person

Module 3:

Ordinary Affidavits

a. Affidavit of Service (of


pleadings and motions)
b. Verification (of pleadings)
c. Certification of Non-Forum
Shopping
d. Affidavit of Adverse Claim
e. Affidavit of Loss
f. Affidavit of Merit (in petitions
for TRO/Injunction; replevin)
g. Affidavit of Self-Adjudication
of the Estate of a Deceased
Person

h. Complaint-Affidavit in
Criminal Cases (with emphases
on a. elements of the offense b.
stage of the offense and c.
aggravating circumstances)

1. Slight Physical Injuries,


Attempted Homicide and
Frustrated Murder

3
LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
2. Theft and Attempted
Robbery
3. Rape and Acts of
Lasciviousness
4. Adultery and Concubinage
5. Light Threats and Grave
Coercion
6. Libel and Cyber-Libel
7. Reckless Imprudence
Resulting in Damage to
Property
8. Carnapping and Anti-
Fencing
9. Others

Module 4:

Judicial Affidavit Rule (A.M. No.


12-08-08-SC)

a. Judicial Affidavit of an
Ordinary Witness
b. Judicial Affidavit of an Expert
Witness
c. Others

MIDTERM EXAMINATION

Module 5:

Contracts

a. Essential Elements (Consent,


Object, Consideration)
b. Avoid Drafting Defective
Contracts
1. Articles 1380-1389 of the
Civil Code (Rescissible)
2. Articles 1390-1402 of the
Civil Code (Voidable)

4
LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
3. Articles 1403-1408 of the
Civil Code (Unenforceable)
4. Articles 1409-1422 of the
Civil Code (Void)

c. Important Parts
1. Title, Date and Place of
Execution
2. Parties
-identity

-legal capacity

-authority of representative

-address

3. Effectivity and Duration


4. Representations and
Warranties
5. Mutuality of contracts
-Rights of the Parties

-Duties/Obligations of the
Parties

6. Events of Breach/Default
7. Consequences of
Breach/Violation
8. Force Majeure
9. Termination/Rescission
10. Venue of Action
11. Renewal
12. Signatories and witnesses

d. Other contractual provisions


1. Definition of Terms
2. Interpretation
3. Rules of Construction
4. Severability Clause
5. Entire Agreement Clause
6. Confidentiality/Non-
Disclosure Clause
7. Non-Competition Clause
8. Acceleration Clause
9. Escalation Clause

5
LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
10. Labor related issues
(employer-employee;
principal-independent
contractor)
11. Intellectual property issues
12. Taxes, fees, costs and
charges
13. Insurance and Performance
Bond
14. Conflict of Interest
15. Exclusivity
16. Joint and several liability
17. Compliance with Data
Privacy Laws
18. Arbitration Clause
19. Others

e. Samples
1. Onerous/remuneratory
contracts
-Contract To Sell

-Deed of Absolute Sale of


Motor Vehicle

-Deed of Absolute Sale of


Real Estate

-Deed of Conditional Sale

-Contract of Lease of a
Condominium/Apartment
unit

-Deed of Real Estate


Mortgage

-Deed of Real Estate


Mortgage (with special
power of attorney to
extrajudicially foreclose)

6
LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)

2. Gratuitous contracts
-Deed of Donation

-Extrajudicial Settlement of
Estate

-Extrajudicial Settlement of
Estate With Waiver of
Shares

-Extrajudicial Settlement of
Estate With Deed of Sale

-Last Will and Testament

Module 6:

Other Legal Forms


1. Special Power of Attorney
2. General Power of Attorney
3. Revocation of Power of
Attorney

Module 7:

Efficient Use of Paper Rule (A.M.


No. 11-9-4-SC)

Module 8:

Other Useful Legal Forms for New


Lawyers

a. Demand Letters
b. Legal Opinions
c. Retainer Agreements
d. Civil Cases
- Complaint for Ejectment
- Complaint for Collection of
Sum of Money

7
LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
- Answer (with Compulsory
and/or Permissive
Counterclaims)
- Pre-Trial Brief
e. Labor Cases
-Position Paper

-Waiver and Quitclaim

FINAL EXAMINATION
-

Reference:
1. Legal Forms by Guevarra
2. Legal Forms in English and Pilipino by Sia

POLICIES:

1. Attendance will be checked every meeting.


2. Students who missed a quiz will get a grade of 60.
3. Students are prohibited from recording the online class as this is a violation of the
Copyright of the Professor.

Prepared by:

COL, FACULTY

Approved By:

DEAN MARCIANO G. DELSON

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