Professional Documents
Culture Documents
Outline:
- The Philippine legal system
- Nature of the legal profession
- Alternatives to Court Hearings
- Practice of law
- IBP
- Challenges to legal education
- Legal education in the present society
- Juris doctor thesis
Pre-Spanish Period
- Prior to the arrival of the Spaniards Philippine society was divided into four
classes
o Nobles
o Freemen
o Dependents
o Slaves
- Customs and practices were the source of law. Usually handed down orally from
generation to generation
- Written laws were promulgated from time to time by the chieftain and the elders.
o The Maragtas Code was supposedly promulgated by Datu Sumakwel or
Panay around 1200 A.D. (only a literature written by a poet)
o The Code of Kalantiaw was allegedly written in 1433 A.D. by Kalantiaw,
the 3rd Chief of Panay
Kalantiaw was derived from two words, which means great chief
- The Muslim influence came from Indonesia. They had their own written social
rules and regulations based on the precepts of the Koran.
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o Selections from old Arabic Law
o Translated and compiled for the guidance of the Mindanao datus, judges,
and panditas
Spanish Period
- Magellan “discovered” the Philippines on March 16, 1521. Spanish rule was
established in 1565.
- When the Spaniards conquered the Philippines, they did not succeed in
suppressing the Muslims
o Muslim legal system persists to this day
- The country was divided into provinces based on linguistic considerations for
administrative purposes.
o Barangays were gathered into pueblos
o The cabeza de barangay were converted by the gobernadorcillo or captain
- Most of the political positions are held by the Spaniards
- Since, we have different languages, it refrains us to talk in some territories. This is the
start of the colonial mentality.
- On March 22, 1897, Andres Bonifacio called for an assembly of Magdalo and
Magdiwang leaders to the Tejeros Convention.
o The idea of the Tejeros Convention is to make a constitution
- After three hundred years of being under the Spanish colonizers, we have a lot of issues:
o Revolutionary movement started
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Malolos Republic and American Period (1898-1941)
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o Jones Law, or Philippine Autonomy Act (Act of Congress, August 29,
1916)
Superseded the Spooner Amendment and Philippine Bill as the
chief organic act of the Philippines
Resembled a constitution in form and content
(It looks like a Constitution since it has preamble, etc.)
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3rd Philippine Republic and Martial Law (1946-1986)
- On August 21, 1983, Ninoy Aquino was shot to death at the Manila International
Airport.
- Ninoy’s widow, Corazon Aquino, ran for President at the “snap” elections held
on February 7, 1986.
- On February 15, 1986, the Batasang Pambansa proclaimed Marcos as President.
- EDSA Revolution
- On February 25, 1986, Corazon Aquino was proclaimed the first woman
president.
- 1986 Freedom Constitution allowed Aquino to be declared as President.
(If the sovereign speaks loudly, no need for a document to be presented)
- Cory Aquino’s Proclamation No. 1 (not done copying)
- She abolished the Batasang Pambansa (not done copying)
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- The 1987 Constitution took effect on February 2, 1987, after an overwhelming
affirmative vote. It framed a stronger and more detailed Bill of Rights and
entranced checks and balances against abuse of governmental powers.
Next Meeting:
Nature of the Legal Profession
Recitation
In re Max Shoop
November 29, 1920
Lansang v. Garcia
G.R. No. L-33964
December 11, 1971
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NATURE OF THE LEGAL PROFESSION
1. Pre-trial conference/hearing
Rule 18 of the Rules of Court (for civil cases)
Rule 118 of the Rules of Court (for criminal cases)
Difference of pretrial:
Civil
- No arraignment
- What is contained in the brief?
Rule 18: Everything that was taken up in the pre-trial
Criminal
- Happens after arraignment
- Rule 118: Only those that they have agreed upon
Plea bargaining is allowed to pre-trial, except for cases under the Dangerous Drugs Act,
where the imposable penalty is reclusion perpetua to death.
To protect the rights of the accused to agreement or admission made or rendered into
during pre-trial shall be used in evidence against the accused unless reduced to writing and
signed by him and his counsel.
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2. Katarungang Pambarangay
- Applicability: within the same city or municipality not necessarily from within
the same barangay
- Lupon Tagapamayapa
Composition:
Brgy. Captain as Chairman
10-20 members (appointed not elected)
Age of majority
- Who appoints? Brgy. Captain
- Sangguniang Barangay has no authority over disputes
- Non-appearance of parties: They are compelled.
- Section 409 (Venue where disputes are settled)
- Section 408D (amicable settlement)
- Subject matter except:
If the one party is the government
If the one party is a government employee or public official on his/her
official functions
Offenses for which the law prescribes a maximum penalty of
imprisonment or a fine exceeding P5,000.00
Offenses where there is no private offended party
Where the dispute involves real properties located in different cities or
minicipalities unless the parties agree to submit their differences to
amicable settlement by an appropriate lupon.
When the parties reside in barangays of different cities or municipalities
except where such barangay unit adjoin each other and the parties agree
to submit their differences to amicable settlement by an appropriate
lupon.
Such other classes of disputes which the President may determine in the
interest of justice or upon the recommendation of the secretary of Justice.
- Lupon ng Tagapagkasundo
Composition:
3 members who will decide on the case.
3. Mediation
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Criminal liability
Homicide
Annulment
Labor union/labor disputes
Legal status
Habeas corpus petitions
- Process: P500 fee
- Non-appearance of parties and their lawyers will result in
Complainant: case is adjourned
Respondant: presentation of evidence (also in pre-trial)
- Not compelled to agree with the decision
4. Arbitration
Third Party
Applicability Case
Alternatives Compelling who settles
to given cases Exemptions
disputes
1. Pre-trial No Judge
2. Katarungang No Lupon
Pambarangay
3. Mediation No Grounds for Mediator
legal separation
Criminal
liability
Homicide
Annulment
Labor
union/labor
disputes
Legal status
Habeas corpus
petitions
4. Arbitration Yes. In the Cases of Arbitrator
presence of contracts Same to need not be a
mediation judge or a
an arbitral Highly lawyer
specialized
reward crimes
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THE PRACTICE OF LAW, INCLUDING ADMISSION TO PRACTICE AND BAR EXAM
Practice of law
o Cayetano vs. Monsod (liberal practice of law)
Admission to practice
o Two requirements: pass the bar exam and oath taking (passing the bar without
taking the oath, still one cannot practice law)
Bar Exam
o Must pass the bar examinations given every October yearly
o The CPR shall be the constitution of all lawyers. All rules and regulations
to be issued in relation to specialized practice of law must be in
accordance with the CPR.
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Chang-Gonzaga, Jose Victor V. Lawyering @ Century 21: globalization, ICT and the
legal profession. In Coquia, p.349.
Highlights:
o Nature of practice of law
From simple membership to the bar, appearances before the Patent
Office and representation of clients and others persons, it becomes
liberal to “any activity, in or out of court, which requires the application
of law, legal procedure, knowledge, training and experience.”
o Profession vs. Trade
o Four possible modes of supplying services internationally
o Supervision of legal services
o The issue of professional responsibility
o Liberalizing the legal profession
60 pts.
40 pts Essay (8 items)
20 pts MCQ (10 items)
Thursday, October 18
5:30-7:30 p.m.
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