UNIVERSITY OF SAN JOSE RECOLETOS

SCHOOL OF LAW

COURSE SYLLABUS
FOR LAW SUBJECT

PRACTICUM III
SY-2022-2023 (FIRST SEMESTER)

Course Title: PRACTICUM 3 Professor:

No. of Units: 2 units Atty. Jesus Ramel M. Sungcad
Semester/ SY: 1st Semester SY 2022-2023
Department/Track: Remedial Law Department

I. COURSE DESCRIPTIONAND OBJECTIVES

This course is divided into five (5) parts – (a) The Lawyer and the Legal Profession; (b) Litigation and
Related Concepts; (c) Embarking on Law Practice, Retainer Fees; (d) Preparation of Pleadings; and (e)
Legal Forms and Practical Exercises.

For each topic, the students will be introduced to the concepts, theories and prevailing procedures in the
practice of law, including new doctrines developed under Philippine jurisprudence.

Under the topic of The Lawyer and the Legal Profession, the aim is to teach the students about the
purpose and scope of lawyering and to make them understand the nature of such profession, as compared
with other kinds of profession and business adventure.

Under the topic of Litigation and Related Concepts, the aim is to teach the students about the purpose and
scope of litigation, trial, and the hierarchy of courts under our legal system.

Under the topic of Embarking on Law Practice, Retainer Fees, the aim is to teach the students about the
intricacies of actual practice, attorney-clients relations and retainer/attorney’s fees, and how to prepare
good pleadings.

Under the topic of and Preparation of Pleadings, the aim is to teach the students about the importance and
the manner of preparation of good and proper pleadings.

Under the topic Legal Forms and Practical Exercises, the aim is to teach the students about the proper
legal forms to use both in deeds and conveyances as well as in litigation pleadings. They will also be
exposed to practical exercises to reinforce plain knowledge.

Upon completion of this course, students are expected to:

 Love the profession and understand its true nature which is first and foremost a vocation (not a
business) and its purpose which is advocacy for justice to all even to both contending parties.
 Become confident and earn the ability to prepare legal forms and pleadings suitable to any particular
legal deed or act as well as litigation;
 Formulate techniques and strategies useful in law practice.

Methodology

The course will be taught through lectures and class recitation. In addition to the cases, the students will
be given practical examples and asked to apply the principles discussed. A final paper will be required on a
topic chosen by the students applying what has been learned during the semester. If possible, the course
will include a visit to the Courts to observe actual trial for the students to obtain a first-hand look of how it
is to be a legal advocate on both sides.
 2

II. COURSE OUTLINE

Week/Session Topics/Sub-topics

Week 1 I. THE LAWYER AND THE LEGAL PROFESSION

1. The Legal Profession

2. Practice of Law
3. What is meant by Attorney

Week 2 4. What constitutes practice of law

5. Who may practice law
6. Exceptions
7. Duty of Attorney to the Court
8. Duty of Attorney to Client

Week 3 II. LITIGATION AND RELATED CONCEPTS

1. Litigation, nature and object

2. What is Trial
3. Trial vs. Judgment
4. Trial vs. Hearing

Week 4 5. Scope of Trial

(a) In Civil Cases

(b) In Criminal Cases
(c) In Administrative Cases

Week 5 6. What is Court

7. What is Jurisdiction
8. What is Venue
9. Jurisdiction vs. Venue

Week 6 10. Basic Court System In The Philippines

11. Four level Hierarchy
12. First Level Courts
13. Second Level Courts

Week 7 14. Third Level Courts

(a) Court of Appeals
(b) Sandiganbayan
15. Fourth Level Courts
a. Supreme Court

Week 8 III. EMBARKING ON LAW PRACTICE, RETAINER FEES

1. The Lawyer’s Option

2. Practicing Alone
(a) Advantages
 Independence of Action
 Rushed to Experience
 Own Image Creation
 3
(b) Disadvantages
 Lack of Experience
 Lack of Facilities
 Lack of Confidence
3. As an Associate or Assistant
(a) Advantages
(b) Disadvantages
4. Which is Preferable?

Week 9 5. Law Office

6. Contacts with Clients
7. Retainer
8. Nature of Retainer
9. Necessity of Retainer
10. Importance of Formal Retainer Contract
11. Retainer & other professional fees
12. Fixing amount of Fees

Week 10 13. Investigation of facts

14. Need to know facts thoroughly]
15. Sources of Facts
16. Witnesses
17. Friendly and hostile Witnesses
18. Periodic Contact with Clients
19. Investigation of Opposing Party’s case

Week 11 20. Briefing the Case

21. Preliminary briefing
22. Necessity of Briefing
23. The applicable laws
24. Analysis of precedents
25. Use of Treatises
26. Coverage of Analysis

Week 12 IV. PREPARATION OF PLEADINGS

1. Preparation of Pleadings
2. Concept of Pleadings
3. Test of good pleadings
4. Governing law on pleadings
5. Kinds of allowable pleadings
6. Techniques in drafting pleadings
7. Forms and size of papers
8. Rules on forms and sizes of papers
Week 13 9. Complaints and Petitions in general
10. Preparations of complaints, petitions, etc.
11. Cause of Action
12. Theory of the Case
13. ]Special Averments
14. Avoid Anticipating Defenses
15. Choice of provisional remedies
Week 14 V. LEGAL FORMS AND
PRACTICAL EXERCISES

Actual preparation of deeds, contracts, affidavits, pleadings, motions,

manifestations, etc.
 4

Week 15 Court Visits

Week 16 Finals and Submission of Project in relation to Application of Learning on Trial Practice

III. REFERENCES AND MATERIALS

Principal References:

Trial Practice in the Philippines

Revised Rules of Court

Readings and Other Assignments:

Related Jurisprudence on Lawyers, Judges, Disbarments

And Evidence

III. COURSE REQUIREMENTS AND GRADING SYSTEM

Students will be assessed through graded recitations in class, a debate, a legal memorandum, oral
presentations, a preliminary examination, a mid-term examination and a final examination, with the grade
breakdown and description as below. The passing grade is 75.

Course Requirements Grade Description

Breakdown
Class recitation 10% Students who are absent when called for recitation will
get a grade of 70. Students are expected to analyze and
compare assigned cases.
Debate 5% Students will participate in a debate concerning issues in
relation to the course.
Legal Memorandum 5% Students will be required to submit a legal memorandum
concerning issues in relation to the course.
Group Oral Presentations 10% Students will conduct oral presentations concerning issues
in relation to the course.
Prelim exam 20%
Mid-term exam 25%
Final exam 25%

IV. COURSE POLICIES

Use of electronic devices is permitted, but only for use in class work.
Attendance in class is a must. Excused absence must have approval

V. CONTACT AND OTHER INFORMATION

Preferred manner of communication is email: attyjrms@gmail.com

Note: The professor reserves the option of amending the reading list and assignments.