Professional Documents
Culture Documents
COLLEGE OF LAW
Bachelor of Laws
UNIVERSITY VISION
A globally recognized institution of higher learning that develops competent and morally
upright citizens who are active participants in nation building and responsive to the
challenges of 21st century.
UNIVERSITY MISSION
Batangas State University is committed to the holistic development of productive citizens
by providing a conducive learning environment for the generation, dissemination and
utilization of knowledge through innovative education, multidisciplinary research
collaborations, and community partnerships that would nurture the spirit of nationhood
and help fuel national economy for sustainable development.
PHILOSOPHY
A course combining the laws on Agency (Title X), Partnership (Title IX) and Trusts (Title
V) of the Civil Code.
AUDIENCE
This course is intended to the third year students who have already completed their
Obligations and Contracts course.
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STUDENT OUTCOMES
Student Outcomes
a. Develop clear understanding of basic principles, rules and doctrines
b. Define and access information needs; assess and organize information
and knowledge; produce, share, and utilize information and knowledge
c. Apply the basic principles, rules and doctrines to hypothetical and
actual cases
d. Demonstrate effective lawyering skills
e. Conduct legal research
f. Adhere to ethical standards and practices
g. Know and practice rights and responsibilities and accountabilities in
the legal profession
h. Engage in lifelong learning and understanding of the need to keep
abreast of the developments in the legal profession
i. Effectively communicate orally and in writing using both English and
Filipino
j. Recognize professional, social and ethical responsibility
SPECIFIC OBJECTIVES
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Topics ILO 1 ILO 2 ILO 3 ILO 4
Nature, Objective and Kinds of Agencies
Formalities of Agency
Power, Rights and Duties of Agents and
Principals
Extinguishment of Agency
Nature of Trusts
Kinds of Trusts
Rules of Prescription for Trusts
Nature, Objective and Classes of
Partners and Partnership
Rights, Power and Authority of Partners
Dtuies and Obigations of Partners
Dissolution, Winding-Up & Termination
Limited Partnership
Assessment Strategies
Students will be assessed through recitation, surprised quizzes and written examinations.
COURSE REQUIREMENTS
Quizzes and Major Examinations
As mandated by the university policy on giving of major examinations, the course will
provide major examinations (i.e., prelim, midterm, semi-final, and final examinations) to
measure the cognitive learning of the course. These examinations will be taken on the
scheduled examination dates especially prepared for this seminar-type class by the course
professor. The papers will be checked, recorded, and computed as major examinations.
Examination papers will be returned to students the soonest time possible within the
respective grading period.
Class Participation
Active participation through prescribed and guided activities/requirements is an utmost
goal in this course. The course will delve in group reports, discussions, special readings,
and summary lectures of inclusive topics for the course.
COURSE POLICIES
Grading System
The work of students shall be graded at the end of each term in accordance with the
following system:
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1.75 88-89 Good
2.00 85-87 Meritorious
2.25 83-84 Very Satisfactory
2.50 80-82 Satisfactory
2.75 78-79 Fairly Satisfactory
3.00 75-77 Passing
5.00 Below 75 Failure
Inc. *Incomplete
Drp Dropped
Students who will get a grade of 70-74 must be given a removal examination. A grade of
“3.0’ will be given to those who will pass the removal examination and those who will
fail will be given a grade of “5.0”.
*A grade of “Incomplete” must be complied with by the student within one (1) semester
or one hundred fifty (150) days. A student who fails to complete the
deficiency/deficiencies at the end of the succeeding semester shall automatically obtain a
grade of 5.0 in the course.
Attendance Policy
Prompt and regular attendance of students is required. Total unexcused absences shall not
exceed ten (10) percent of the maximum number of hours required per course per
semester (or per summer term). A semester has 18 weeks. For example, a semestral
subject with :
3 units (3 hrs lec), 10% x 3 x 18 = 5.4 hrs or 6 hrs.
3 units (2 hrs lec, 3 hrs lab), 10% x 5 x 18 = 9 hrs.
5 units (3 hrs lec, 6 hrs lab), 10% x 9 x 18 = 16.2 hrs or 16 hrs.
Please refer to the provisions in the Norms of Conduct for the full text of
guidelines for the attendance.
Missed Exams
In the event a student will miss any of the course requirements, he is solely responsible
for all the course materials/requirements taken in his absence. As a policy of the course,
make-up examination is not given. Grade for the missed major examination due to valid
justification(s) may be considered for a make-up examination.
Academic Dishonesty
Dropping
A student who unofficially drops out of class shall be given a mark of “5.0” by the
instructor.
ACADEMIC INFRASTRUCTURE
References
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The references listed in bibliographic entries are lifted from legal references mostly
available in our campus library. All students are encouraged to gain access of these
holdings for better understanding and comprehension of our course. These books are
used as references:
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TENTATIVE COURSE OUTLINE/CALENDAR
Prepared by:
____________________
Atty. Ma Chere Gracita R. Bilog
Part-time Professor
Date Signed:
____________________
Atty. Edgard E. Valdez
Dean, College of Law
Date Signed
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THE LAW ON AGENCY
I. Introduction
A. How is agency defined? Civil Code, Art. 1868
1. Consent – Arts. 1868, 1869 to 1872, 1898, 1901, 1910, 1317, 1403(1)
a. Express; ratification
b. Implied; ratification
2. Object
3. Consideration – Art. 1875
B. Who are the parties to the contract of agency?
C. Must the parties be capacitated?
Cases:
· Rallos v. Felix Go Chan, 81 SCRA 251
· Orient Air Services v. CA, 197 SCRA 645
· Uy v. CA, 314 SCRA 69
· Macke v. Camps, 7 Phil. 553
· Prudential Bank v. CA, 223 SCRA 350
· Litonjua, Jr. v. Eternit Corp. 490 SCRA 204
· Spouses Viloria v. Continental Airlines, 663 SCRA 57
· Yoshizaki vs. Joy Training Center of Aurora, Inc., G. R. No. 174978, July 31,
2013
II. What is the form of the contract of agency? Arts. 1869, 1874
A. Oral
B. Written
Cases:
· Angeles v. Phil. National Railways, 500 SCRA 444
· Jimenez v. Rabot, 38 Phil. 378
· City-Lite v. CA, 325 SCRA 385
· Cosmic Lumber v. CA, 265 SCRA 168
· San Juan Structural Steel v. CA, 296 SCRA 631
· De los Reyes v. CA, 313 SCRA 632
· AF Realty v. Dieselman Freight, 373 SCRA 385
III. Who has the obligation to determine existence and scope of agency?
Cases:
· Keeler Electric Co. v. Rodriguez, 44 Phil. 19
· Yu Eng Cho v. Pan American, 328 SCRA 717
Cases:
· Sevilla v. CA, 160 SCRA 171
· Shell v. Firemen’s Insurance Co., 100 Phil. 757
· De la Cruz v. Northern Theatrical Enterprises, 95 Phil. 739
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· Nielson & Co. v. Lepanto Consolidated, 26 SCRA 540
· Quiroga v. Parsons Hardware, 38 Phil. 501
· Gonzalo Puyat & Sons v. Arco Amusement Co., 72 Phil. 402
· Lim v. People, 133 SCRA 333
· Pacific Commercial v. Yatco, 68 Phil. 398
· Ker v. Lingad, 38 SCRA 524Hahn v. CA, 266 SCRA 537
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VII. Responsibility for acts of substitutes – Arts. 1892, 1893
Cases:
Del Rosario v. La Badenia, 33 Phil. 316
International Films v. Lyric Film, 63 Phil. 778
Villa v. Garcia-Gosque, 49 Phil 126
Serona v. Court of Appeals, 392 SCRA 35
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XII. Extinguishment of Agency
A. Revocation; agency coupled with an interest – Arts. 1873, 1919 to 1927
B. Withdrawal – Arts. 1919, 1928, 1929
C. Death; agency coupled with an interest – Arts. 1919, 1930 to 1932
D. Dissolution of the firm/corporation
E. Accomplishment of the object/purpose
F. Expiration of the period
G. Civil interdiction, insanity, insolvency
Cases:
Barreto v. Sta. Maria, 26 Phil. 440
Dialosa v. CA, 130 SCRA 350
New Manila v. Republic, 107 Phil. 824
Valenzuela v. CA, 191 SCRA 1
Dy Buncio v. Ong Guan, 60 Phil. 606
Garcia v. De Manzano, 39 Phil. 577
Rallos v. Yangco, 20 Phil. 269
Compañia General de Tabacos de Filipinas v. Diabu, 20 Phil 321
Del Rosario v. Abad, 104 Phil. 648
Caleongco v. Claparols, 10 SCRA 577
Valera v. Velasco, 51 Phil 695
Pasno v. Ravina, 54 Phil 378
Ramon v. Caoibes, 94 Phil. 440
Herrera v. Luy Kim Guan, 1 SCRA 406
Guardez v NLRC, 191 SCRA 487
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Heirs of Tan Eng Kee v. CA, 341 SCRA 740
Aurbach v. Sanitary Wares, 180 SCRA 130
Litonjua v. Litonjua, 477 SCRA 576
Sevilla v. CA, 160 SCRA 171
Philex Mining Corp v. CIR, 551 SCRA 428
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Litton v. Hill, 67 Phil 509
Goquiolay v. Sycip, 9 SCRA 663
Goquiolay v. Sycip, 108 Phil 947
MacDonald v. National City Bank, 99 Phil 156
Compañia Maritima v. Munoz, 9 Phil 326
Co-Pitco v. Yulo, 8 Phil 544
Pacific Commercial v. Aboitiz, 48 Phil 841
Magdusa v. Albaran, 5 SCRA 511
Island Sales v. United, 65 SCRA 554
Muñasque v. CA, 139 SCRA 533
Lim Tong Lim v. Philippine Fishing Gear, Inc. 317 SCRA 728
Bachrach v. La Protectora, 37 Phil 441
Guy v. Gacott, G.R. No. 206147, January 13, 2016
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SCRA 275Primelink Properties v. Lazatin-Magat, 493 SCRA 444
TRUSTS
II. Kinds
A. Express Trust – Articles 1443 to 1446
B. Implied Trust – Articles 1447 to 1457
Cases
Cuaycong vs. Cuaycong, 21 SCRA 1192
Sinaon vs. Soroñgon, 136 SCRA 407
O’Laco vs. Co Cho Chit, 220 SCRA 656
Special Services Corporation vs. Centro La Paz, 121 SCRA 748
Chiao Liong Tan vs. Court of Appeals, 228 SCRA 75
Homena vs. Casa, 157 SCRA 232
Heirs of Candelaria vs. Romero, 109 Phil. 500
PNB vs. CA, 217 SCRA 347
Diaz v Gorricho and Aguado, 103 Phil 261
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