INTERNATIONAL LAW
Human Rights Institutions:
Definition:
Ian Brownlie—a field which consists of the rules and principles
of general application dealing with the conduct of States and of
international organizations in their international relations with
one another and with private individuals, minority groups and
transnational companies
Since international community has not created any uniform
system, nations adopt international laws as part of the law of
the land through ratification or acceptance of an international
agreement or rule.
Hersh Lauterpacht—the mission of international law is to lead
to enhancing the stability of international peace, to the
protection of the rights of man, and to reducing the evils and
abuses of national power
Sources of International Law:
Art. 38 of the Statute of the International Court of Justice
1. International conventions
2. International custom
3. General principles of law recognized by civilized nations
4. Judicial decision and teaching of the most highly qualified
publicists of the various nations
Classification of International Law:
1. Private International Law
 application of laws across all boarders and usually
concerns economic issues (Father B)
 relationship between private individuals, associations
and commercial organizations (University of Sheffield
Careers Service)
 Careers in law firms
2. Public International Law
 Governs the relationships between State and
international organizations
 Concerns relations between countries and their citizens
 Careers in the government, academe and international
organizations
International Lawyer—any lawyer can practice international
law and that a special license need not be obtained or no
additional requirements need be accomplished
International Human Rights—developed from principles
defined by the UN, or regional organizations including the
Council of Europe’s Commission and Court of Human Rights
 A composition of various governmental,
intergovernmental and non-governmental organizations
which aims to help decrease the pain of human suffering,
to safeguard the rights of every human being and to
bring awareness of such matters to all individuals (SIPA
of Columbia)
International Human Rights Law
 The concept of human rights comes from the view that
every person possesses rights by virtue of their existence
 The basis of human rights institutions is the deprivation of
rights
1. United Nations (1945)—has 192 member states and is the
premier organization advocating human rights law
 It facilitates cooperation in international security, law,
economy, society and world peace
 Originated most “Foundational Documents” in the field
which is collectively known as the Universal Bill of
Human Rights:
a. Universal Declaration of Human Rights
b. International Covenant on Economic, Social and
Cultural Rights
c. International Covenant on Civil and Political Rights
2. Council of Europe (1949)
3. Organization of American States (1948)
Opportunities:
Becoming a credited lawyer for the
1. International Criminal Court
2. International or regional human rights groups
3. UN
4. Local human rights groups
Challenges: (Human rights violations)
1. Violence against women
2. Violence in the community
3. Violence against migrant workers
4. Violence perpetrated or condoned by States—domestic
violence, prostitution, trafficking, and pornography
5. NO ENFORCEMENT OF LAWS due to lack or absence
of a police force to assure its implementation
6. Danger of practicing in such field—7 lawyers were victims
of extra-judicial killings
Issues:
1. Common difficulties of travelling and living in a foreign
land
2. Being separated from family and friends
3. Adjusting to the lifestyle and climate of that place
4. Torture, enforced disappearances, extra-judicial killings,
state security, and overpowering power of the military
Writ of Amparo—enforced disappearance or desaparacedos,
when a “descab” is not known to be detained because the point
is that you are being hidden
 The issuance was a shift into an investigative mindset of
the court where the judge becomes not only a sitting
judge hearing evidence but also looks into these
evidences, looks for evidence
Conclusion:
 It is a commitment that should be lived out in every aspect
of life
 One should have a “cognitive integrations” of the heart and
the head that human rights is a very important part of the
national discourse
 It is imperative to gain experience in the field as early as
possible
 4. Attend the judicial academy of the Philippines as mandated
by RA 8557

JUDICIARY
Justitia—Roman goddess; universal personification of justice
Lady Justice—depicted holding a set of scales on one hand and
a sword on the other, and is wearing a blindfold which signifies
impartiality and evenhandedness
Definition:
Judiciary—in charge of settling disputes and promulgating
decisions concerning opposing parties
Opportunities:
 Working in the judiciary gives one the chance to be the
ultimate administrator of justice
 An awesome power that can be as personal as determining
the life or death of an individual, or as encompassing as
settling case precedents (Judge Perez, A.J. of the SC)
Challenges:
1. Compensation is not too high
2. A low pay and a high workload
3. Resistance to temptation and corruption
4. Passion
5. Lack of security for death threats

Judicial power Corruption—use of public office for private benefit that is

 Vested in one Supreme Court and in such lower courts of entrenched in such a way that, without it, an organization or
justice as may be established by law (Sec. 1 Art 8) institution cannot function as a supplier of a good or service
 The duty of the courts of justice to settle actual 1. Bribery
controversies involving rights which are legally 2. Political intrusion or favors
demandable and enforceable, and to determine whether
or not there has been a grave abuse of discretion Issues:
amounting to lack or excess of jurisdiction on the part of 1. Funding
any branch or instrumentality of the government 2. Judiciary is a human institution that is not perfect. An
 Allows the judges to make binding decisions which institution that always in need of reform (Father B)
would affect the rights and duties of people and
institutions, by reference to the existing law
 May annul the laws and rules of the state when it finds
them incompatible with the provisions of the
Constitution

Judicial System: (Judiciary Reorganization Act of 1980)

composed
1. Highest court of the land—Supreme Court
2. 7 divisions of lower courts
a. Municipal Trial Courts and Municipal Circuit Trial
Courts
b. Metropolitan Trial Courts and MTC in Cities
c. Regional Trial Courts
d. Shari’a Courts
e. Courts of Tax Appeals
f. Sandiganbayan
g. Court of Appeals

Judge—Public officer who is vested with authority to hear and

determine litigated cases, and to administer justice between
parties in courts held for that purpose
 Judges need to be proficient and competent in the
various fields of law in order to rule on each and every
case presented before the court and must also possess
honesty, impartiality, patience and diligence in their
work (Judge Mangrobang of the MTC of Navotas)
 Bound by their own Code of Judicial Conduct

Qualifications of a judge:
1. Natural born citizen of the Philippines
2. At least 40 years of age
3. Have engaged in the practice of law in the Philippines or a
judge of a lower court for at least 15 years (Supreme
Court)
 3. Confidantes—possess a gift of being approachable and
trustworthy (pakikitungo)
4. Creative

Development Lawyers are principally engage in

1. Training—translating the laws into the language of the
people s/he represents
2. Advocacy or law reform
3. Individual cases
4. Research and publication

DEVELOPMENTAL LAW

Reasons for not choosing developmental law: Long-term v. Short-term

1. No money IBP requires its members to spare some of their time and talent
 The money you earn is sufficient for you to have a to help the less fortunate
comfortable life usually from an external fund and not 1. Long-term
from the clients (Atty. De Vera)  Non-Traditional legal aid—vocation committed to social
2. No hope change
 Victories in the different fields of advocacies are not 2. Short-term
large-scale but small and incremental steps toward long-  Traditional legal aid—free legal aid already available in
term change—Sumilao Farmers and RA 9262 (Violence the Public Attorney’s office and the Roberto Concepcion
Against Women and Children Act) Legal Aid Program of the IBP
3. No idea what it is
 Because it is called several names Different names of Developmental Law:
It captures the different aspects of the field:
Definition: 1. Human rights lawyering
Developmental law—use of legal knowledge for the
advancement of economic and social opportunity for those Issues:
most in need where it provides for representation for the 1. Women—RH Bill and VAWC
underrepresented 2. Workers—public sector union
3. Urban poor—implementation of the Urban Development
Alternative Law Groups—offers services in direct litigation, and Housing Act
education and paralegal developmental, policy reform work, 4. Farmers—land distribution, security of tenure and stock
internship activities and research and publications distribution

SALIGAN Challenges:
 One of the oldest and biggest members of the ALG in the 1. Funding
Philippines founded in 1987 which seeks to effect societal 2. Staffing
change by working with women, the basic sectors, and 3. Stereotypes
local communities for their empowerment through the
creative use of the law and legal resources Developmental lawyer is richer in terms of self-fulfillment
 Engaged in programs that would provide for long-term rather than in monetary remuneration
effects/benefits such as bringing knowledge of the law to
those who need its protection the most Conclusion:
 Prevents those who enrich themselves by taking from the This branch of law needs much persistence, people skills,
oppressed and give back to the people what is rightfully public relation skills, creativeness, and VOCATION
theirs. A pursuit of justice than an act of charity
 Provides literacy and skills training to the local leaders so
that they may effectively carry out their laws for the
progress and the good of their community
 Advocacies:
1. Anti-Prostitution Bill
2. Anti-Sexual Harassment Act
3. Equal Opportunities/Anti-Discrimination Law
4. Reproductive Health Bill

What to expect:
1. Long hours for consultation
2. Able to relate well with these people—urban poor,
agricultural sector, labor sector, women

CORPORATE LAW
Definition:
Corporation—artificial legal entity, typically by a state and
formed in order to operate a business
 Once registered to the SEC and established as an artificial
being, it falls under the jurisdiction of Batas Pambansa
Blg. 68 or the Corporations Code of the Philippines
Elements of business affairs:
1. Legal personality
2. Limited liability
3. Transferable shares
4. Delegated management under a board structure
5. Investor ownership
Legal Profession—more than a mere calling by which bread,
fame and social place may be earned, but it is a function which
the republic may be served
Corporate Lawyer—advises businesses and corporations on
their legal obligations, rights and responsibilities
 Have an expert status in the drafting, execution, and
administration of such important business documents
 One who handles the legal affairs of a corporation which
includes:
a. corporate legal research
b. tax laws research
c. acting out as corporate secretary
d. appearances in both courts and other adjudicatory
agencies
 Functiona as legal gate-keepers, who are entrusted to
serve as counsel to corporate officers and all the other
major stakeholders to a corporation, not only in the
aspect of corporate legal obligations but also include
their fiduciary duties, and also to develop a process for
reporting any lapses in compliance (Barclift)
 One who ensures that a transaction does not conflict with
any statutory law, team-oriented, and has incisive mind
and excellent communication skills
Types:
1. Corporate lawyer
 Practitioner specializing in the field of Corporate Law
2. In-house counsel
 ‘inside” counsel to a corporation which is a corporate
attorney who specifically provides advice to the
businesses they are hired to
Opportunities:
In-House counsel
1. Requires a high degree of specialization in a certain field
2. He receives quite a number of offers from competing
corporations (atty. Vallente-vidanes)
3. Easily shift from a legal counsel to a line manager if they
choose to change their career path
4. Becomes one of the top members of management…and
also often a member of the board of directors, or one of
the top officers of the company
5. Eight to five job
Challenges:
1. Master the art of balancing the interest of the
corporation and the obligation to dispense justice since
lawyers are for the pursuit of justice, while,
corporations are driven by their revenue generation
goals
2. Definition of the practice of law—in the case of
Cayetano v. Monsod, Supreme Court provides for a
broad and liberal meaning of the practice of law,
which is any activity, in or out of court, which requires
the application of law, legal knowledge, training and
experience
3. Economic downturn—legal process outsourcing in
terms of international tie-ups among law firms
4. Cost-effective means
a. Clients now seek better, faster and cheaper ways to
do their business (Atty. Romulo)
b. Business process outsourcing industry
Corporate Lawyer
 Practice is limited to the corporate practice itself (Atty.
Cabahug-de Leon)
In-House Counsel
1. Issue of balancing revenue generation for their employer
and legal as well as reputational risks of the corporation
2. Constant need to prove that in-house counsels or legal
departments in corporations are assets and not liabilities
  Given quasi-judicial powers which may not be substituted
through recourse by the courts except when there is a grave
abuse of discretion

Depictions on litigators:
1. A clever orator admired for his or her knowledge and skills
in the law
2. One who, instead of upholding the law, circumvents it for
selfish gain

Key Players:
1. Adversarial parties—opposing parties in a litigation case
who may be individuals, organizations, corporations, or in
some cases, the State
a. Plaintiff—complaining party
b. Defendant—person or organization called to court to
respond to a charge
2. Lawyers—more than skills, it is a matter of attitude and
virtue
a. Live fortitude and have a sporting spirit
LITIGATION b. Live temperance
c. Exercise sound judgment or prudence and have a passion
Definition: for justice
Litigating—to perform all the tasks entailed in the pursuit of a d. Innately adversarial and yet diplomatic as well as
court case—filing papers, taking discovery, making motions, flexible
questioning witnesses, arguing appeals (Random House e. Think out of the box
Webster) f. Able to adapt in any situation and various types of
people
Litigation—a formal, rights-based adjudicative process that 3. Judges—hear and decide cases in court
depends on each party advancing position, presenting evidence, Issues:
and making arguments before a neutral third party decision- 1. Corruption—refers to corruption of a lawyer’s primary
maker duty to uphold the rule of law
 Presupposes that there are two contending parties that 2. Unequal access to justice
cannot agree on an issue that is applicable to both of 3. Must not charge unreasonable fees and take advantage of
them protracted proceedings

Categories: Process of litigation:

Civil Law Criminal Law
Deals with disputes between Body of statutory and
individuals, organizations or common law that deals with
between the two, in which crime and the legal
compensation is awarded to punishment of criminal
the victim offenses
Losing defendant is never Guilty defendant is punished
incarcerated and executed but by either incarceration in a jail
only reimburses the other or fine paid to the
party for the damage caused government, or death
Burden on the plantiff Burden of proof is on the state
Filed by a private party Filed by the government
Administrative Law
 Body of law applicable to the operations of agencies
established by the legislature to carry out the functions of
the executive branch of government
 A party in an administrative inquiry may or may not be
assisted by a counsel
Administrative bodies
 Enforces and regulates the officials under their jurisdiction
1. Filing of the complaint or petition
2. Answer of the other party
3. Discovery—part of finding the relevant facts, evidence or
testimonies
4. Requests—various motions
5. Trial
Alternative Dispute Resolution (ADR) or Arbitration
 An alternative to, or a substitute for, traditional court
litigation process
 To arrive at an amicable settlement instead of
undergoing the whole process of litigation
 Arbitrators can be non-lawyers
Required skills:
1. Knowledge of the law—familiarity with regard to the rues
of criminal or civil procedure
2. Articulate
3. Quick on his feet
4. Willing to prepare
5. Have confidence to appear in from of a judge who might
be strict or overbearing and to face opposing counsel
6. Personable
7. Able to write well
8. Thorough in analyzing the case of the other party
9. Keep himself up-to-date—continuous legal education

Opportunities:
1. Perfect arena for training in the practice of law
2. Does not have to worry about scarcity of clients