PROSPECTUS 2017-2021

FACULTY OF CIVIL LAW

UNIVERSITY OF SANTO TOMAS

Established 1734

Ground Floor, Main Building,

University of Santo Tomas

España, Manila

Telephone: (02)406-1611 loc. 8225

Telefax: (02) 7314027

Website: www.ustcivillaw.com

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TABLE OF CONTENTS

1. ACADEMIC OFFICIALS

2. STUDENT RELATED POLICIES

3. LAW CURRICULUM

4. ACADEMIC RULES

5. ACADEMIC STANDARDS

6. EXAMINATIONS

7. GRADING SYSTEM

8. SCHOLARSHIPS

9. GRADUATION

10. DESCRIPTION OF COURSES

11. STUDENT ORGANIZATIONS

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ACADEMIC OFFICIALS

A.Y. 2017-2018

Atty. NILO T. DIVINA, A.B., LL.B.

Dean

Rev. Fr. ISIDRO C. ABAÑO, O.P.

Regent

Atty. ARTHUR B. CAPILI, A.B., LL.B.

Faculty Secretary

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Judge PHILIP A. AGUINALDO

SWDB Coordinator

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UST Identity

The University of Santo Tomas, the Pontifical, Royal, and Catholic University of the Philippines,

is a Dominican institution of learning founded in 1611, under the patronage of St. Thomas

Aquinas.

Mission

The University, in pursuit of truth, guided by reason and illumined by faith, dedicates herself to

the generation, advancement, and transmission of knowledge to form competent and

compassionate professionals, committed to the service of the Church, the nation, and the global

community.

Vision

Faithful to its centuries-old tradition of excellence, the University of Santo Tomas envisions itself

as a premier Catholic institution of learning in Asia, committed to the professional and moral

formation of her stakeholders for social transformation.

Motto

Veritas in Caritate (Eph 4:15)

THE NINE DIRECTIONAL AREAS

Thomasian Identity

To form servant leaders who espouse Thomasian ideals and values as they collaborate with the

University in the fulfillment of her mission and actively take part in the nation building

Leadership and Governance

To fully actualize a proactive, systematic, and mission-oriented University leadership and

governance in order to be recognized as a premiere institution of Learning in Asia

Teaching and Learning

To be a world-class institution of higher learning

Research and Innovation

To become an internationally acknowledged expert in pioneering and innovative research in the

arts and humanities, social science, business management and education, health and allied

sciences, science and technology, and the sacred sciences

Community Development and Advocacy

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To become a vibrant community of evangelizers actively engaged in social transformation

through advocacy and ministry

Student Welfare and Services

To promote and ensure student academic achievement and life success through responsive and

empirical-based services of global standards

Public Presence

To be an institution of preeminent influence in the global community by taking a proactive stance

in social, cultural, and moral advocacies and assuming a lead role in national and international

policy formulation

Resource Management

To provide a conductive learning and working environment with state-of-the-art facilities and

resources in a self-sustainable University through the engagement of professional Thomasian

workforce who meets international standards and adapts to global change

Internationalization

To promote internationalization and integrate it into the institution’s strategic plans and

initiatives for the purpose of preparing students for a productive engagement in the global arena

of ideas and work

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UNIVERSITY OF SANTO TOMAS

Faculty of Civil Law

Objective

The Faculty of Civil Law aims to develop men and women trained in the theory and

practice of law and so imbued with Christian virtues and principles as to be worthy members of

the legal profession and the community, particularly devoted to the pursuit of truth and the

promotion of justice under a regime of liberty and democracy.

Brief History

The Faculty of Civil Law is the oldest lay faculty in the University as well as in the

Philippines. It was established on September 2, 1734, the same year that the Faculty of Canon

Law was founded, with a curriculum identical to that adopted during the time in leading

universities of Europe. The number of subjects in the curriculum was later enriched and

expanded. During the major part of the Spanish regime the course consisted of twelve semesters

(six years), based upon a year of preparatory work.

During the American regime, the University of Santo Tomas modified the curriculum of

the Faculty of Civil Law several times in order to meet the changing conditions. But firm in the

resolve of turning out worthy members of the Bar and practical Catholic lawyers, the University

adhered to its basic policy of retaining in its curriculum important subjects introduced during the

Spanish regime to fully accomplish the aims and purposes of a sound Catholic legal education.

Under the Republic of the Philippines, the Faculty of Civil Law, faithful to the age-old

principles guiding her mission, continues imparting the same solid formation, exacting the same

academic discipline, and striving to serve the best interests of the profession and the nation.

Throughout her centuries old existence, the Faculty has given the nation four Philippine

Presidents: Manuel L. Quezon, Sergio S. Osmeña, Jose P. Laurel, and Diosdado P. Macapagal.

And it has also produced six Chief Justices: Cayetano L. Arellano, Victorino M. Mapa, Manuel G.

Araullo, Ramon Q. Avanceña, Roberto B. Concepcion and Andres R. Narvasa.

The Faculty has produced three graduates who placed first in the annual bar

examinations: Roberto B. Concepcion in 1924; Diosdado P. Macapagal in 1933; and Arlene M.

Maneja in 2002. Jose W. Diokno topped the bar exams in 1944 although he was not able to finish

his law degree in UST due to the outbreak of the Second World War.

Facilities

The Faculty of Civil Law is located at the ground floor of the Main Building. It has a Civil

Law auditorium devoted principally to the bar-review program. It also has a spacious reading

area. The Faculty also boasts of a moot court and a faculty lounge. All facilities and all

classrooms are air-conditioned.

The Central Library is also open to law students subject to the usual processing of the

prescribed requirements. Sports facilities and the University Museum may also be used by

students in accordance with University rules. A chapel, a hospital, a bookstore, a bank, several

canteens and a post office are located within the campus for the convenience of students.

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Program of Studies

The Faculty of Civil Law offers only one (1) program which leads to the degree of Bachelor

of Law (LL.B.). This is a four-year program. To obtain this degree, the student must pass all

subjects under the prescribed curriculum.

Academic Term

The Faculty of Civil Law operates on semestral basis. Each semester lasts for about five

months. An academic year covers two semesters. There is no summer class in the Faculty of Civil

Law except for the Law Apprenticeship Program held outside of the University under the subject

Practice Court I.

Sessions

Classes in the Faculty of Civil Law are held from Monday to Saturday.

Suspension of Classes

Only the following persons may suspend classes in the Faculty of Civil Law:

1. The President of the Philippines

2. The Mayor of Manila

3. The Rector of the University or his representative

4. The Dean and/or Regent

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STUDENT RELATED POLICIES

Admission Requirements

The applicant must be a holder of Bachelor of Arts or Science degree and must have

earned at least eighteen (18) units in English, eighteen (18) units in Social Science and six (6)

units in Mathematics.

The applicant must submit, for purposes of the entrance examination, the following

documents:

1. College Transcript of Scholastic Records (If the applicant is graduating in the current

year, she/he must submit an official copy of the temporary transcript of records containing

the grades from first year to the first semester of the last year in college prior to

graduation;

2. Two (2) 2 x 2 colored ID photos;

3. One (1) Certificate of Good Moral Character embossed with the school seal:

a. UST graduates may secure the certificate from the Office for Student Affairs

(OSA).

b. Non-UST graduates may secure the certificate from the Guidance Office, its

equivalent or Dean of the school they previously attended.

c. Applicants who are working must submit an additional Certificate of Good

Moral Character issued by the current employer.

4. Payment of Application and Examination Fee;

5. Results of the Philippine Law Admission Test (PHILSAT); and

6. Duly accomplished application forms. The forms will be issued by the Dean’s Office only

upon submission of all requirements. The requirements must be submitted at least one (1)

week before the examination day.

Upon submission of the requirements, the applicant shall take the entrance examination

administered by the Office for Admission (OFAD). If the applicant passes the written

examination, his name shall be included in the list of applicants qualified for interview. The

schedule of interview will be posted on the bulletin board and official website of the Faculty of

Civil Law. After the interview, the list of those qualified for enrollment will be posted on the

bulletin board and official website of the Faculty, unless sooner cleared for enrollment.

Admission of applicants shall be based on the following factors:

1. The results of the written examination.

2. Results of the Philippine Law Admission Test (PHILSAT)

2. The assessment of the applicant during the interview

3. Academic performance in the pre-law program

All admitted applicants are required to submit to the Registrar the following documents

before enrollment:

1. Original copy of the official Transcript of Record/s;

2. Original copy of latest Certificate of Graduation bearing the school seal;

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3. Honorable Dismissal (for non-UST graduates only);

4. UST Personal Data Sheet (PDS)

5. Such other documents as may be prescribed by the University

Late Registration

The enrollment process begins with the issuance of the Registration Form and ends with

the submission of the Dean’s Copy of such form after payment of school fees.

A student is deemed officially enrolled only upon completion of the entire enrollment

process, particularly the encoding of his payment of fees.

Students who are not officially enrolled shall not be admitted in class.

Late enrollment may be allowed at the discretion of the Dean, but classes missed due to

late enrollment shall be marked as absences.

Transferees

The Faculty of Civil Law does not accept transferees from other law schools.

Student Decorum

All law students and bar reviewees are subject to the General Rules on Conduct and

Discipline provided in the UST Student Handbook.

Attendance

Every student is required to attend no less than 80% of the class hours required for every

course to earn the corresponding credits. The maximum hours of absences allowed per course

shall be determined by the following formula:

Number of units of course multiplied by three minus one.

e.g. 3 units x 3 = 9 – 1 = 8

Specifically, the allowed absences in terms of hours are as follows:

Weight of course per number of

units

Maximum number of absences

allowed in hours

1 2

2 5

3 8

4 11

5 14

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Students who exceed the maximum allowable number of absences for a semester shall be

given a grade of “FA” (Failure due to absences) and shall not be allowed to take the final

examinations.

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Absences will be counted from the first day of classes. Thus, time lost by late enrollment

shall be considered as time lost by absences, unless otherwise permitted.

Students who exceed the allowable number of absences before the preliminary

examination period will be “dropped” from the class list and will be given a grade of “WF” which

means “Withdrawn without Permission”, unless he drops the subject before the start of the

preliminary examinations with the written permission of the Dean and the approval of the

Registrar, in which case he will be given a grade of “WP” (Withdrawn with Permission). For

purposes of computing the QPI, the grade of “FA” and “WF” will be given the equivalent of 65%.

Tardiness

A student who reports to class 15 minutes after the professor has started the class or

called the roll shall be marked absent.

Leave Of Absence

A student who desires to take a leave of absence (LOA) should, in addition to the usual

process of dropping of courses prescribed by the University, accomplish the prescribed LOA form

stating the reason/s for the leave as well as the period of the leave which must not exceed a total

of one academic year, unless extended by the Dean. The computation of the one (1) year period

includes the year when the student initially enrolls, but subsequently drops the program in the

same semester. The approval of the leave is subject to the discretion of the Dean. In no case will

the application for leave of absence be entertained unless filed before the start of the preliminary

examinations. If the leave is approved, the student should complete the regular process of

dropping the program not later than the said period; otherwise, he will be given a grade of Failure

due to Absences (FA) in all subjects enrolled, which grade will be included in determining his

QPI.

Returning Students

A student who wishes to be readmitted after a leave of absence must file a written request

for re-admission addressed to the Dean and must attach an original copy of his Temporary

Transcript issued by the Registrar’s Office of UST and the student’s copy of the Leave Form. The

readmission shall be subject to the Faculty’s rules on academic standards.

Readmission after more than one (1) year of absence shall be subject to the Dean’s

discretion and other conditions as he may prescribe.

Dropping of Course/s

No student may drop the same course more than once. Dropping of course must be made

within the prescribed period in the Student Handbook and with the written permission of the

Dean and the Registrar; provided, that the student’s remaining load shall not be less than twelve

(12) units. However, a student may not drop a back-subject unless he previously or

simultaneously drops his year-level or higher-level subjects.

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Dropping of courses completed after the prescribed period shall not be recognized. No

request for dropping shall be allowed once the preliminary examinations have started, unless the

Dean approves it for highly meritorious reason/s.

A student who drops any course without the written approval of the Dean and the

Registrar shall be given a failing grade of “WF” (see grading system), which is equivalent to 5.00

or 65% for purposes of computing the QPI.

Cross Enrollment

No student will be allowed to cross enroll in any law course whether within or outside of

UST.

Uniform

The wearing of the prescribed Civil Law uniform is mandatory for all students at all times.

Students who are not in proper uniform may be refused entry into the school premises except

when allowed by the Dean in writing for valid reasons.

Proper Uniform - A complete and proper uniform includes the proper pinning of the ID

and appropriate grooming. A jacket is not considered a uniform. The wearing of maong

pants, T-shirts, polo-shirts, sleeveless shirts, shorts or mini-skirt, slippers, tight-fitting

suits, or similar items are prohibited.

Appropriate Grooming – Students should also observe the University’s policy on good

grooming as stated in the Student Handbook. Inappropriate hairstyles and apparels or

accessories such as, but not limited to, denims, shorts, lewd or indecent attires, T-shirts,

earrings (for male), flashy attachments, sandals and slippers are prohibited.

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LAW CURRICULUM

AY 2017-2021

The regular load per semester shall be as follows:

FIRST YEAR

1ST SEMESTER

2ND SEMESTER

Persons and Family Relations…………….…..4 units Obligations and Contracts………….…….…..5 units

Constitutional Law 1 …….…………….….…..3 units Criminal Law 2……………….………..……….4 units

Criminal Law 1 …………………………………3 units Basic Legal Ethics……………………..……….3 units

Legal Research and Bibliography………........2 units Constitutional Law 2………………..…………3 units

Legal Writing ……………………………….…..2 units Legal Technique and Logic …………..…….. 2 units

Statutory Construction………………….……..2 units Natural Resources & Environmental Law….3 units

__________________________________________ _______________________________________________

Total : 16 Units Total : 20 Units

SECOND YEAR

1ST SEMESTER

2ND SEMESTER

Property……………………………………….….4 units Civil Procedure …………………………...…….5 units

Criminal Procedure…………………………....3 units Administrative Law, Public Officers

& Election Laws ……………………..…….3 units

Labor Law 1…………………………………..….3 units Credit Transactions………………………...…..3 units

Agrarian Law & Social Legislation ……….…2 units Labor Law 2 …………………………..……….. 3 units

Human Rights Law………………………..……2 units Negotiable Instruments Law……………...…..3 units

Land Titles and Deeds…………………………2 units Public International Law ………………....…..3 units

Public Corporation……………………………...2 units Special Penal Laws……………………………..2 units

Sales……………………………………..………..2 units

_______________________________________________

Total : 20 Units

_______________________________

Total : 22 Units

THIRD YEAR

1ST SEMESTER

2ND SEMESTER

Wills & Succession…………………………...…4 units Corporation & Securities Law.………………..5 units

Partnership, Agency and Trusts ……….……3 units Evidence…………………………..……………...4 units

Special Commercial Laws……………………..3 units Problem Areas in Legal Ethics

& Judicial Ethics………………..………..3 units

Taxation 1……………..………………….……..3 units Special Proceedings…………………………….3 units

Conflict of Laws…………………………………2 units Taxation 2……………………………………….3 units

Insurance …………………………..……......….2 units Legal Forms………………………….…………..2 units

Intellectual Property Law……………………..2 units Torts and Damages……………………………..2 units

Transportation Laws……….……………. …...2 units Alternative Dispute Resolution…………..…..2 units

Legal Medicine…………………………..……..1 unit

_______________________________________________

Total : 22 units

______________________________________________

Total : 24 units

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All students should follow the regular load prescribed by the curriculum for every

semester of enrollment, subject to the academic pre-requisites.

No student shall be allowed to enroll for less than twelve (12) units unless precluded by

failure in pre-requisite courses or allowed by the Dean for meritorious reason/s.

Summer Apprenticeship

The Summer Apprenticeship is composed of 120 hours of actual on-the-job (OJT) training in

courts and quasi-judicial agencies and completion of the mock bar examinations. The OJT grade

shall comprise 50% of the grade in Practice Court II.

Under the supervision of the Legal Aid Clinic, every student is required to undergo the

summer OJT for at least 120 hours as part of the law curriculum. The OJT and mock bar

examinations shall be taken and completed during the summer break immediately preceding the

student’s fourth year.

The OJT assignments shall be prepared by the Chief program Officer of the Legal Aid Clinic

and approved by the Dean. The office or agency where the student is assigned for OJT shall issue a

certification that the student has completed the training with an evaluation of his performance as

either satisfactory, average or poor.

Overload

Unless permitted by the Dean, no student shall be allowed to enroll more than the prescribed

maximum number of units for a semester, except for graduating students during their last two

semesters prior to graduation. No overload shall exceed six (6) units in a year.

FOURTH YEAR

1ST SEMESTER

2ND SEMESTER

Civil Law Review 1…………………………..…5 units Civil Law Review 2…………………………..…4 units

Commercial Law Review 1……………………4 units Commercial Law Review 2…………………….4 units

Constitutional Law Review……………………4 units Criminal Law Review…………………………..4 units

Remedial Law Review 1………………..………4 units Remedial Law Review 2……………………….4 units

Labor Law Review…………………………..….3 units Taxation Law Review…………………………..3 units

Practice Court 1…………………………..……..2 units Legal Counseling & Social Responsibility..…2 units

Practice Court 2…………………………..……..2 units

______________________________________________

Total : 22 units

______________________________________________

Total : 23 units

Overall Total Units : 169 Units

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ACADEMIC RULES

Freshmen’s Full Load

First year students shall not be allowed to enroll less than the regular load during the first

semester. Any freshman who drops the entire program for the first semester shall not be allowed to

enroll in any course during the second semester.

Subject Enrollment Priority

In the selection of subjects for enrollment, students are required to enroll first all

available back subjects or those assigned below his official year level, before he may be allowed to

enroll additional subjects in his year level or in higher year level, subject to the rules on minimum

and/or maximum load.

This Rule shall be applicable in dropping of subjects. A student may not drop a back

subject unless he previously or simultaneously dropped his year-level or higher-level subjects.

Sequential Rule

The sequence of prescribed courses for the law curriculum shall be strictly followed. No

student shall be allowed to enroll in a course with a pre-requisite unless the student has passed the

pre-requisite course/s. Enrollment in any course without having passed the necessary prerequisite

course is not valid and shall not be credited regardless of any grade obtained.

The courses and their pre-requisites are as follows:

Subject

Pre-requisite/s

FIRST YEAR

First Semester

Persons and Family Relations Constitutional Law 1 Criminal Law 1 Legal Research and Bibliography Legal Writing Statutory Construction

Second Semester

Obligations and Contracts

-Persons and Family Relations Criminal Law 2 -Criminal Law 1

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Basic Legal Ethics Constitutional Law 2 Natural Resources & Environmental Law

Legal Technique and Logic

SECOND YEAR

First Semester Property - Obligations and Contracts

Criminal Procedure - Criminal Laws 1 and 2 Labor Law 1 Agrarian Law & Social Legislation Human Rights Law - Constitutional Law 2 Land Titles and Deeds Public Corporation - Constitutional Law 1 Sales -Obligations & Contracts

Second Semester

Civil Procedure - Persons and Family Relations; Obligations and

Contracts Administrative Law, Public Officers

& Election Laws

- Constitutional Law 1

Credit Transactions - Obligations & Contracts

Labor Law 2 - Labor Law 1 Negotiable Instruments Law Public International Law - Constitutional Law 1 Special Penal Laws - Criminal Laws 1 and 2

THIRD YEAR

First Semester

Wills & Succession - -Persons and Family Relations ; Property Partnership, Agency and Trusts Special Commercial Laws Taxation 1 - Constitutional Law 1 Conflict of Laws - Persons and Family Relations Insurance - Obligations & Contracts

Intellectual Property Law Transportation Laws - Obligations & Contracts Legal Medicine - Criminal Law 1

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Second Semester Corporation & Securities Law Evidence -Criminal Procedure and Civil Procedure

Problem Areas in Legal Ethics & Judicial Ethics - Basic Legal Ethics Special Proceedings -Succession

Taxation 2 - Taxation 1 Legal Forms - Obligations & Contracts; Property; Sales; Credit

Transactions; Negotiable Instruments Law;

Partnership, Agency & Trust; Land Titles &

Deeds; Criminal Procedure; Civil Procedure Torts and Damages - Obligations & Contracts

Alternative Dispute Resolution

FOURTH YEAR

First Semester

Civil Law Review 1 -Persons & Family Relations, Property, Wills

& Succession Commercial Law Review 1 - Corporation Law, PAT, SPCL, IPL,

Negotiable Instruments Law and Insurance,

Credit Transaction, Transportation Law Constitutional Law Review - Constitutional Law 1 & 2 Remedial Law Review 1 - Criminal Procedure, Civil Procedure and

Special Proceedings, Evidence Labor Law Review -Labor Law 1 & 2 Practice Court 1 - Evidence, Civil Procedure, Criminal

Procedure, Special Proceedings, Legal Forms Second Semester

Civil Law Review 2 -Civil Law Review 1, Obligations & Contracts,

Sales, Credit Transactions, PAT Criminal Law Review - Criminal Law 1, Criminal Law 2, SPL Remedial Law Review 2 -Remedial Law Review 1 Commercial Law Review 2 -Commercial Law Review 1 Taxation Law Review -Taxation 1 and Taxation 2 Legal Counseling & Social Responsibility - Basic Legal Ethics, PALE, Crim Pro, Civ Pro,

Evidence

Practice Court 2 -Practice Court 1

Notwithstanding the sequential rule above, the Dean may, in his discretion, allow a

student to simultaneously enroll the prerequisite and advanced subject/s under any of the

following circumstances:

(1) When the prerequisite subject is a repeated subject;

(2) When the student has a superior scholastic standing;

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(3) When the student is graduating at the end of the school year; AND

(4) When the Dean, upon recommendation of the professor concerned , satisfies himself

that the student is able to take the prerequisite subject and the advanced subject

simultaneously.

ACADEMIC STANDARDS

The academic performance of every student must meet the prescribed Quotient Point

Index (QPI).

QPI

The required QPI for students for each semester, regardless of the student’s load, is as

follows:

First Year – 78%

Second Year – 79%

Third Year – 80%

Fourth Year – 80%

Rules on Debarment:

The Faculty of Civil Law is implementing debarment based of Academic Year

performance, set out below:

(A) Probationary Status

A student who fails to meet the required QPI in the first semester shall be admitted on

probation in the following second semester (the “Probationary Semester”). However, if he still

fails to obtain the required QPI in his Probationary Second Semester, he shall be debarred from

the Faculty. However, a student who meets the required QPI during his Probationary Second

Semester shall be relieved from his probationary status, subject also to the 9-unit Rule and/or

Half-of-the-Load Rule.

If a student fails to meet the QPI in the second semester (where he is not under probation

and does not have failure equivalent to more than half of his load or 9 units), he may be admitted

in the first semester of the following academic year. However, should the grade of the student

again fall short of the required QPI in that first semester of the pertinent academic year, he will

be given a final opportunity to remove his probationary status in the immediately following

second semester if the following conditions are complied with:

1. He must have a minimum load of fifteen (15) units, unless he is not eligible to

take other subject/s owing to pre-requisite rule or unavailability of subject

offered;

2. He obtains a QPI of at least 86%; AND

3. He does not have any failure in that second semester.

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(B) 9-Unit and Half-of-the Load Rule

Any student who incurs failing grades corresponding to nine (9) units or more in any or

past and current semesters taken together or who incurs failure equivalent to one-half (50%) of

the actual load carried in a particular semester shall be debarred, regardless of his QPI and

subject to the following rules:

1. Should the above-mentioned failure/s or accumulation of failures occur in the first

semester, the student shall be given a final opportunity to avoid debarment if in

the immediately following second semester :

a. He has a minimum load of fifteen (15) units, unless he is not eligible to

take other subject/s owing to pre-requisite rule or unavailability of

subject/s;

b. He obtains a QPI of at least 86% in the immediately following second

semester; AND

c. He has no failure in that second semester.

2. If the 9-unit (or accumulation of 9-unit failures) or half-of-load failures occur in

the second semester, the student concerned shall be debarred and shall not

anymore be eligible for enrollment in the next academic year.

For avoidance of doubt, any outstanding failure in any subject and incurred in any

semester shall be taken into account for purposes of applying the 9-unit Rule.

(C) 2-Failure Rule

Any student who fails the same Bar Subject twice shall be debarred from the Faculty of

Civil Law, regardless of his QPI. The 2-failure Rule shall not apply to the following subjects:

Legal Writing, Legal Research and Bibliography, Legal Technique and Logic, Natural Resources

& Environmental Law, Human Rights Law, Legal Forms, Legal Medicine, PC1, PC2, and Legal

Counseling & Social Responsibility.

No Tenureship

A student is subject to debarment in any given semester/s in accordance with the Rules on

Debarment of the Faculty of Civil Law. There shall be no tenureship for any student in any year

level.

EXAMINATIONS

There are two major examinations in the Faculty of Civil Law - the Preliminary

Examinations which are held during the middle of each semester and the Final Examinations

which are held towards the end of the semester. Final Examinations for all bar subjects,

regardless of year level, shall be prepared and administered on Departmental Basis, unless the

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Dean decides otherwise for some or all year levels. All examinations must be taken as scheduled

unless the Dean permits a different date for a particular subject.

Failure to take Examination/s

If the student fails to take the preliminary examination or final examination in any

course on the scheduled examination period, he must submit within two (2) working days from

the scheduled examination a letter, addressed to the professor concerned and serving notice

thereof to the Office of the Dean, citing the reason/s for his failure to take the same and

requesting special examination.

If the professor finds the reason meritorious, he shall recommend to the Dean the grant of

the request. If granted, the student shall take the special examination within three (3) days from

the last day of the regular preliminary examination period, or three (3) days from the scheduled

final examination day for the course, unless the professor schedules it to another date for valid

reason/s.

If no valid reason is given, or if the student who is permitted to take the special

examination fails to do so, or if he does not submit a request for special examination, he shall be

given an automatic grade of 65% for that examination. But if the lowest grade obtained by any

student in the examination of the subject concerned is below 65%, the student will get the same

lowest grade as that of the lowest in the same class.

Revalida

The revalida is the requisite comprehensive oral examination covering fourth year review

course. Apart from assessing the student’s eligibility for obtaining the Bachelor of Laws degree,

the revalida is designed to gauge their academic preparedness for the bar examinations.

The revalida shall be required in the following courses:

Civil Law Review 1 & 2

Criminal Law Review

Labor Law Review

Mercantile Law Review 1 & 2

Constitutional l Law Review

Remedial Law Review 1 & 2

Taxation Law Review

After the revalida of each candidate, the professor who conducted the Revalida shall make

an independent and personal evaluation of each candidate’s performance by accomplishing the

evaluation sheet.

A student who fails to take the revalida shall be deemed to have forfeited the same and

shall automatically be given a grade of 65% in the revalida. But if the lowest grade in that

revalida is below 65%, the student will get the same lowest grade as that of the lowest in that

revalida.

Mock Bar Examinations

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The Mock Bar Examinations is a mandatory aptitude examination for all incoming fourth

year students or law students intending to enroll in any review subject/s. It shall cover all bar

subjects and shall be governed by the following rules and guidelines, and as may be further

supplemented/ amended by the Dean, taking into account the conduct and coverage of the bar

examinations and the overall academic improvement and well-being of the student and the

Faculty:

1. No student shall be allowed to take any 4th year review subject/s until he/she passes the

required mock bar exams for that subject/s, unless such student:

a. Belongs to the top 50% of the batch;

b. Has no failing grade from 1st year; and

c. The Dean has cleared him/her for enrollment.

2. Students who fail in the mock bar examinations and not eligible for exemption as stated

in number 1 above are allowed to retake the mock bar examinations for maximum of three

(3) times. Failure to pass the mock bar examinations for all subjects within the allowed

number of retake shall be a ground for debarment.

3. Mock Bar examinations shall be administered once per semester, unless otherwise

determined by the Dean.

GRADING SYSTEM

Formula for Computation of Grades

The formula for the computation of grades for non-review courses shall be as follows:

Class Standing 25%

Preliminary Exam Score 35%

Final Exam Score 40%

TOTAL 100%

Class standing shall include performance during recitations, quizzes, papers,

assignments, etc.

For review courses, the formula is as follows:

Class Standing 15%

Revalida 15%

Preliminary Exam Score 30%

Final Exam Score 40%

TOTAL 100%

The numerical 5 Point System is the only official grading system observed in the

University. Any other grading system is not official but shall nonetheless have the following

equivalents, and any decimal points shall not be considered for purposes of transmutation:

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1.00 - 96-100 - Excellent

1.25 - 94-95 - Very Good

1.50 - 92-93 - Very Good

1.75 - 89-91 - Good

2.00 - 87-88 - Good

2.25 - 84-86 - Good

2.50 - 82-83 - Fair

2.75 - 79-81 - Fair

3.00 - 75-78 - Pass

5.00 - - Failure

WF - Withdrawn without permission - Failed

WP - Withdrawn with permission

FA - Failure due to absences - Failed

The lowest final grade that may be given is 65%.

WF -- is given to a student who withdraws from class without the official written

permission from the Dean and from the Registrar. It is considered a failing grade

with an equivalent of 65.

WP -- is given to a student who withdraws from class with the official permission from

both the Dean and the Registrar.

FA -- is given to a student who exceeds the allowable number of absences in a given

course. For purposes of computing the QPI, the grade of “FA” will be given the

equivalent of 65%.

Honor Roll or Dean’s List

For inclusion in the Dean’s List for a particular semester:

1. the student must have taken no less than the regular load for the semester

2. he must have obtained a QPI of at least 86%

3. he should have no failing grade in any subject in any semester.

4. he must be of good moral character

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SPECIAL POLICY FOR GRADUATING STUDENTS OR

STUDENTS WITH REVIEW SUBJECTS

To enable graduating students to prioritize their study and prepare them for the Bar

examinations, graduating students or students who have more than one review subjects in

his/her current load discouraged from participating in any extra-curricular activities that would

interfere in their academic endeavor including but not limited to student council, bar operations,

and such other similar activities.

SCHOLARSHIPS

The scholarships in the Faculty of Civil Law are supported by the University and grants

from alumni and friends. These are administered by the University, the Dean and/or the

Scholarship Committee of the Law Alumni Association.

The scholarship grants of the University which are available for law students are the

following:

1. Santo Tomas de Aquino Scholarship - Full tuition scholarships are available

to freshmen who are Summa Cum Laude graduates in their undergraduate

program. Half tuition scholarships are available to freshmen who are Magna and

Cum Laude graduates in their undergraduate program.

2. Scholarship for Dean’s Listers – This scholarship is granted to students who

ranked first as Dean’s listers in first year, second year, third year and fourth year

in a semester.

3. Law Alumni Foundation Scholarships –

a. Law Alumni Scholarship for Freshmen - The Law Alumni Foundation

may grant scholarships, upon application, to deserving freshmen students who

are honor graduates in their undergraduate programs.

b. Law Alumni Scholarship for Upperclassmen – Subject to existing rules

of the UST Law Alumni Foundation, Inc., these scholarships may be available

to those who meet the following requirements:

(1) the student must have taken only the regular courses and units

under his program;

(2) he must have obtained a QPI of at least 86%; and,

(3) he must have no grade below 80% nor a grade of incomplete.

Other policies on scholarship may be found in the Student Handbook.

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GRADUATION

Requirements

The University of Santo Tomas confers the degree of Bachelor of Laws only upon the

recommendation of the Dean of the Faculty of Civil Law, with the concurrence of a majority of the

members of the Civil Law Faculty Council. To qualify, a student must satisfy the following

requirements:

1. He/she must have taken and passed all the courses prescribed in the UST Law

curriculum;

2. The student should have no derogatory record;

3. He must have complied with all the other requirements prescribed in the

Student Handbook.

Graduation Honors

Honors may be awarded by the Dean, with the concurrence of the Faculty Council, to

graduating students of the Faculty of Civil Law subject to the following conditions:

1. The candidate must have completed the entire law course at the UST Faculty

of Civil Law;

2. He must have taken during each semester of residency the regular load only

without any overload;

3. He must not have failed in any course during his entire residency in the

Faculty;

4. He does not have any derogatory record in the University; and

5. He must satisfy the guidelines for academic honors in the Student Handbook,

except when the guideline is particular to the Faculty.

6. The following honors may be awarded for the following general weighted

average:

Cum Laude - 1.860 - 2.100

Magna Cum Laude - 1.510 - 1.859

Summa Cum Laude - 1.000 - 1.509

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DESCRIPTION OF COURSES

1. The course description below corresponds to the curriculum offered starting AY 2015-2016.

2. Unless indicated, all courses include recitations and lectures.

3. The number shown after the course represents its unit of credit. The number of units is also

the number of hours the course is to be taken per week.

A. FIRST YEAR

(First semester)

Persons and Family Relations (4)

A basic course on the law of persons and the family which views the effect and application

of laws, examine the legal norms affecting civil personality, marriage, property relations between

husband and wife, legal separation, the matrimonial regimes of absolute community, conjugal

partnership of gains, and complete separation of property; paternity and filiation, adoption,

guardianship, support, parental authority, surnames, absence and emancipation, including the

rules of procedure relative to the foregoing.

Constitutional Law 1 (3)

A study of the basic principles governing the structure, set-up and hierarchy of the

Philippine Government. It includes the study of the 1987 Philippine Constitution, the different

branches, departments and political units of the government, the constitutional commissions, the

qualifications, restrictions, prohibitions and accountability of public servants and the

amendatory process. It also covers the inherent and residual powers of the government and

examines the fundamental legal contracts among the citizens including the means of altering the

same.

Criminal Law I (3)

A detailed examination of the characteristics of criminal law, the nature of felonies,

stages of execution, circumstances affecting criminal liability, persons criminally liable, the

extent and extinction of criminal liability as well as the civil liability of the offender, the

extinction and survival of civil liability, the nature and theories of penalties in criminal law,

habitual delinquency, juvenile delinquency, the Indeterminate Sentence Law, the Probation Law

and laws relating to the effects of pardon and parole. The course covers Book I (Articles 1-113) of

the Revised Penal Code and other related special penal laws.

Statutory Construction (2)

A course that explores the use and force of statutes and the principles and methods of

their construction and interpretation.

Legal Writing (2)

An introduction of legal writing techniques; it involves applied legal bibliography, case

digest and reporting analysis, legal reasoning and preparation of legal opinions or memoranda.

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Legal Research (2)

The course will introduce structures to the methodology of legal research and the preparation

of legal opinions, memoranda, or expository or critical paper on any subject approved by the

faculty member teaching it.

B. FIRST YEAR

(Second semester)

Obligations and Contracts (5)

An in-depth study of the nature, kinds, effects and extinguishment of obligations. It also

covers contracts in general, their requisites, forms and interpretation; the defective contracts,

including quasi-contracts and natural obligations; and the principle of laches and estoppel. (Book

IV of the New Civil Code – R.A. 386 as amended)

Constitutional Law II (3)

A comprehensive study of the 1987 Constitution focusing on the constitutional provisions

relating to the Bill of Rights, the Economic and Social Rights, Citizenship, the right of suffrage

and jurisprudence interpreting and applying these rights.

Criminal Law II (4)

A comprehensive analysis and appraisal of specific felonies enumerated in Book II of the

Revised Penal Code, with amendments and related special penal laws, including their nature,

elements and corresponding penalties.

Basic Legal Ethics (3)

A course that focuses on the canons of legal ethics involving the duties and responsibilities of the

lawyer with respect to the public or society, the bar or legal profession, the courts and the client

Natural Resources and Environmental Law (3)

A study of the constitutional provisions and special laws governing natural resources

their use and disposition. The study includes existing laws protecting the environment and the

ecosystem and prevailing rules against despoliation of the environment.

Legal Technique and Logic (2)

A course on the methods of reasoning, syllogisms, arguments and expositions, deductions, the

truth table demonstrating invalidity and inconsistency of arguments. It also includes the logical

organization of legal language and logical testing of judicial reasoning.

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C. SECOND YEAR

(First semester)

Property (4)

A study of the different kinds of property, the nature of ownership and its modifications,

co-ownership, possession, usufruct, easements or servitudes, nuisance, and the different modes of

acquiring and losing ownership.

Sales (2)

An in-depth consideration of the provisions of the Civil Code on the contract of sales, its

nature and form, the obligations of the buyer and the seller, the concept of warranties, remedies,

breach of contract, and conventional and legal redemption. The course includes the Statute of

Frauds, assignment of credits and corporeal rights, the Bulk Sales Law, the Maceda Law, Recto

Law, the Retail Trade Liberalization Act of 2000 and relevant provisions of the Anti-Dummy Act

and the E-Commerce Acts.

Criminal Procedure (3)

A study of the jurisdiction of courts and the rules governing the conduct and procedure

regarding criminal cases, particularly the prosecution of criminal offenses, filing of criminal

complaints, arrest of a suspect, searches and seizures of properties, rights of the accused, and

remedies available in case of adverse judgment and the effects of convictions. In particular, it

covers the study of the Rules on Criminal Procedure, including related Supreme Court Circulars,

and its judicial interpretation.

Labor Law I (Labors Standards) (3)

This course analyzes provisions of the Labor Code of the Philippines on minimum

standards of employment, working conditions, employment benefits and manpower development

for workers and all other laws and jurisprudence related thereto such as the Migrant Workers

and Overseas Filipino Act (R.A. 8042); Book II on Human Resources Development, and The

TESDA Law (R.A. 7796) and the Magna Carta for Disabled Persons (R.A. 7277); Book III on

Conditions of Employment, including the special laws on 13th month pay, paternity leave,

protection and welfare of women workers, sexual harassment, and child abuse; and Book IV on

Health, Safety and Social Welfare Benefits.

Agrarian Law and Social Legislation (2)

A study of the various laws and jurisprudence on the land reform program of the government,

particularly laws on Agricultural Leasehold Tenancy, Presidential Decree No. 27, the

Comprehensive Agrarian Reform Program of 1987 and its amendatory laws, including related

legislations, as well as its implementing rules; the study also dissects State Insurance Fund,

Social Security Act, the Government Service Insurance System Act, PAG-IBIG, and PhilHealth

Laws, Maternity and Paternity benefits laws and the Portability Law.

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Land Titles and Deeds (2)

This course deals with the study of the system and methods of registration of titles, deeds

and other instruments (voluntary/involuntary) and transactions involving lands under the

Property Registration Decree as well as the laws and jurisprudence on the Public Land Act, the

Subdivision and Condominium laws, the HLURB laws and other related statutes.

Human Rights Law (2)

Study focused on the aspects of protecting, defending and seeking redress for violations of

human rights in the Philippines.

Public Corporations (2)

This is a study of the general principles governing the creation, organization, merger,

dissolution, operations, powers, functions, responsibilities and liabilities of municipal

corporations; the study includes the accountability of local elective and appointive officials,

particularly the provisions of the Local Government Code of 1991 and its amendments, as well as

applicable jurisprudence.

D. SECOND YEAR

(Second semester)

Civil Procedure and Provisional Remedies - (5)

A study of the law on jurisdiction of courts in civil actions and Rules 1 to 71 of the 1997

Rules of Civil Procedure. These rules cover ordinary Civil Actions, Provisional Remedies and

Special Civil Actions. The study of the rules is supplemented by a study of applicable

jurisprudence.

Negotiable Instruments (3)

The course is a study of the statutory provisions governing negotiable instruments which

is mainly the Negotiable Instruments Law, as well as the applicable provisions of the Code of

Commerce.

Credit Transactions (3)

A study of the laws governing loans and deposits, including mortgages, pledge,

antichresis, guaranty, sureties and other securities or collaterals.

Labor Law II (Labor Relations) (3)

A study of the general principles of the Labor Code, Book V of the Labor Code on Labor

Relations, governing areas on government machinery, labor organizations, unfair labor practices,

representation issue; collective bargaining and administration agreements, grievance machinery

and voluntary arbitration, lockouts, strikes and other concerted activities; Book VI on

Post-Employment, covering areas such as classes of employees, termination of employment and

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retirement; Book VII on penal provisions of the Labor Code and prescription of actions and

claims.

Administrative Law, Law on Public Officers & Election Laws (EPA) (3)

The course will first cover development and application of principles and doctrines

governing administrative agencies with rule-making and adjudicative functions; then it will

consider the laws and principles applicable to public officers; and finally, it will examine the law

regulating the conduct of elections and the law on pre-proclamation contests and election

protests.

Public International Law (3)

A study of the basic principles of international law and an overview of the legal principles

governing international relations based, among others, on the United Nations Charter, the

doctrines of well-known and recognized publicists, and the decisions of international tribunals

and bodies.

Special Penal Laws (2)

The study includes related offenses provided for in special laws.

E. THIRD YEAR

(First semester)

Wills and Succession (4)

A detailed examination and analysis of the law on testate and intestate succession,

including wills, institution of heirs, computation of legitimes of compulsory heirs, disinheritance,

and partition and distribution of the estate. The course also takes up rules of procedure on the

settlement and administration of the estate of deceased persons.

Partnership Agency and Trust (3)

A course combining the laws on Agency (Title X), Partnership (Title IX) and Trusts (Title

V) of the Civil Code.

Taxation I (3)

The general principles of taxation and statutory provisions on income taxation, including

pertinent revenue regulations.

Transportation Laws (2)

A study of the general principles and basic regulations governing carriers (land, air and

sea) of persons and goods.

29

Insurance (2)

A study of the Insurance Code and related laws, including the concept and function of

insurance, the nature of the insurance contract, insurable interest, special forms of insurance

and government regulations of the insurance business.

Conflict of Laws (2)

A course dealing with legal transactions with emphasis on the choice of law, including

problems on jurisdiction and the recognition and enforcement of foreign judgments.

Legal Medicine (1)

An overview of the principles relating to medico-legal cases, including the procedure of

presenting and examining a medical expert witness.

Intellectual Property Law (2)

A study of the Laws on Trademark, Patent, Copyright and Intellectual Creation.

Special Commercial Laws (3)

This covers the study of Letter of Credit, Trust Receipts, the New Central Bank Act,

General Banking Law, Secrecy of Bank Deposits, Anti-Money Laundering Law, Financial

Rehabilitation and Insolvency Law, Truth in Lending Act, Law on Extra-judicial Foreclosure of

Real Estate Mortgage in relation to Banking laws and Warehouse Receipts Law.

F. THIRD YEAR

(Second semester)

Corporation Law and Securities Law (5)

A study of the Corporation Code and other special laws governing private corporations,

including foreign corporations and the concept of doing business in the Philippines. The course

includes in-depth analysis of the applicable common law and commercial principles underlying

the various relationships in the corporate setting, with emphasis on the corporation being a

medium for business enterprise and a means of providing for the equity investment market. The

course includes the study of the pertinent provisions of The Securities Regulation Code and

Foreign Investments Act.

Evidence (4)

A course which looks into the rules of presentation, admissibility, and weight and

sufficiency of evidence, including burden of proof and presumptions.

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Taxation Law 2 (3)

A study of the concepts and general principles of transfer (estate and donor‟s), tax,

specific, business, percentage, amusement, and miscellaneous taxes provided for in the National

Internal Revenue Code, including general principles on tariff and customs duties.

Special Proceedings (3)

A study of Rules 72-109 of the Revised Rules of Court dealing with the procedural rules on

the settlement of estate, will, letters testamentary and administration, escheats, guardianship,

appointment of trustees, adoption, change of name, cancellation and correction of entries in the

Civil Registry and appeals in special proceedings.

Alternative Dispute Resolution (2)

A study of Republic Act No. 9285, the Alternative Dispute Resolution Act of 2004

including its Implementing Rules and Regulations; Rules in Mediation, Conciliation and

Arbitration.

Torts and Damages (2)

An analysis of the law on quasi-delicts as well as the nature, classes and extent of

damages.

Legal Forms (2)

A course which trains students in the drafting of various legal documents and deeds, as

well as judicial pleadings and briefs.

Problem Areas in Legal Ethics & Judicial Ethics (3)

A course aimed at examining and resolving specific ethical problems and dilemmas which

may confront. It includes the study of Judicial Ethics.

G. FOURTH YEAR

(First semester)

Civil Law Review 1 (5)

A general integration of the principles in civil law covering the effects and application of

laws, the law on Human Relations, Persons and Family Relations, Property, Ownership and its

Modification, the Different Modes of Acquiring Ownership, including Succession; Pertinent

provisions of special laws are also reviewed.

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Constitutional Law Review (4)

A general survey of constitutional law, including political law, administrative law, law on

public officers and other related subjects.

Commercial Law Review 1 (4)

A comprehensive survey and review of the laws and jurisprudence on: Private

Corporations; Securities Regulation Code; Foreign Investments Act; Negotiable Instruments Law;

Trust Receipts and Letters of Credit; Secrecy of Bank Deposits Law; Warehouse Receipts Act;

Bulk Sales Law; Anti-Dummy Law; Retail Trade Law; New Central Bank Act and General

Banking Law, the Law on Extrajudicial Foreclosure of Real Estate Mortgage in relation to

Banking laws and Truth in Lending Act.

Remedial Law Review I (4)

A general review of the laws on jurisdiction of courts and rules on Civil Procedure,

Provisional Remedies and Special Civil Actions. (Rules 1-71) of the Rules of Court and pertinent

jurisprudence.

Labor Law Review (3)

A general review of all labor laws and related jurisprudence.

Practice Court 1 (2)

Training on the preparation and drafting of complaints, petitions, answers and other

pleadings, motions, briefs and other legal papers which are submitted to the court or other

tribunals. It also deals with the art of effective oral advocacy.

H. FOURTH YEAR

(Second semester)

Civil Law Review 2 (4)

A general integration of the principles in civil law relating to obligations and contracts,

credit transactions, quasi-contracts, quasi-delicts, damages and special contracts like sales, lease

and partnership, agency and trusts.

Remedial Law Review II (4)

A review of Criminal Procedure, Evidence and Special Proceedings and pertinent cases.

32

Criminal Law Review (4)

A general review of the Revised Penal Code with its latest amendments, as well as the

other relevant penal statutes including pertinent jurisprudence.

Commercial Law Review 2 (4)

A comprehensive survey and review of the Code of Commerce and the laws and

jurisprudence on Insurance Code of the Philippines; Common Carriers Law (New Civil Code);

Maritime Law and Admiralty; Carriage of Goods by Sea Act; Warsaw Convention and other

International Covenants on Transportation, Salvage Law; FRIA and the Intellectual Property

Code.

Taxation Law Review (3)

A comprehensive survey and review of the general principles of taxation including NIRC

provisions on the organization, functions and powers of the Bureau of Internal Revenue, income

taxation, transfer taxes, VAT, as well as local and real property taxation as embodied in the Local

Government Code and the general principles on tariff and customs duties and tax remedies under

the various tax laws.

Legal Counseling and Social Responsibility (2)

An introduction to the art and technique of legal counseling as well as consideration of the

responsibilities of the lawyer as counselor

Practice Court II (2)

Holding of court trials as if in Regional Trial Court, where the pertinent provisions of the

Rules of Court are strictly observed. The professor prepares a complaint, an answer and reply.

These pleadings shall constitute the records upon which the trial shall be conducted. The lawyers,

litigants, and witnesses are all members of the class and the professor acts as judge. It is made

obligatory upon the students acting as lawyers, to argue their cases orally immediately after the

evidence is closed. This phase of the subject is important, because it cultivates in the students the

habit of noting down or remembering the important facts and trains them in the art of arguing

cases off-hand on the basis of the evidence presented. The judge renders his decision in writing.

The class assumes that the case tried previously is brought to the Appellate Court. The professor

in charge acts as the appellate judge. Members of the class are appointed to act as lawyers for the

appellant and appellee who shall argue their case orally on the basis of the records prepared

previously. The judge renders his decision.

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STUDENT ORGANIZATIONS

Civil Law Student Council

The Law Student Council is the officially recognized organization composed of

duly-elected student leaders of the Faculty of Civil Law. The Law Student Council serves as the

bridge between the student population and the administration of the Faculty of Civil Law and

that of the University. It is composed of outstanding student leaders and presidents of student

organizations.

UST Law Review

The UST Law Review is the official publication of the Faculty of Civil Law’s legal articles.

The Law Review is managed by a board of student editors chosen for their outstanding scholastic

merits, writing skills and qualities of leadership. The board is under the supervision of a faculty

moderator.

Bar Operations Committee

The Bar Operations is an annual endeavor by the administration of the Faculty of Civil

Law, together with selected students, to provide moral, psychological and material support and

assistance to bar candidates representing the Faculty in the annual bar examinations. The

Committee provides case digest, legal articles and updated statutory and jurisprudential

information to the Faculty’s bar candidates.

Faculty of Civil Law Debating Club

The Faculty of Civil Law encourages its students to develop their skill in oral advocacy

and forensic analysis. The Law Debating Club is one way of encouraging the students of the

Faculty to sharpen their skills in argumentation and debate. The Debating Club is composed of

students known for their propensity for oral advocacy and skills in logical argumentation.

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CONFORME

I, _____________________________________, have received a copy of the Prospectus with

the Academic Policies of the Faculty of Civil Law of the University of Santo Tomas. I have read

and understood them and I bind myself to comply with all the rules, regulations and policies of

the Faculty of Civil Law and the University of Santo Tomas.

___________________________________________

Signature over Printed Name