SAN BEDA UNIVERSITY

College of Arts and Sciences

COURSE SYLLABUS

COURSE TITLE: AGENCY AND PARTNERSHIP LAW (AGENCY)

COURSE CREDIT: 3 units
COURSE PREREQUISITE/S:
FACULTY: Atty. Alden Reuben Luna
EMAIL ADDRESS: aluna@sanbeda.edu.ph
TERM/ACADEMIC YEAR: 1st Semester, AY 2021-2022
DAY/TIME/ROOM/SECTION: NA
COURSE DELIVERY MODE: Fully online
CONSULTATION DAY/TIME: Thursdays (10:00 – 11:00am)

COURSE DESCRIPTION:

This course deals with the salient provisions and application of the Civil Code of the
Philippines on Partnership and Agency, alongside other relevant laws and jurisprudences. It
involves discussion of the nature, sources, requisites, kinds, and modes of extinguishment of
contracts of partnership and agency, as well the rights and obligations attached thereto. This
course also delves into the forms necessary for the validity and enforceability of partnership and
agency contracts, as well as the governmental policies and rules relating to the registration of
partnerships.

Expected College of Arts and Sciences Graduate Attributes (ECGAs)

Upon completion of the Legal Management Program, the students will be able to demonstrate
the following attributes of the Graduates of the College of Arts and Sciences:

 Globally Competent Professionals

 Transformative Leaders
 Life-long Learners

LEARNING OBJECTIVES/OUTCOMES (LOs):

At the end of this course Agency and Partnership Law, the students should be able to achieve the
following:

LO1. Understand the general principles of partnership and agency under the Civil Code
of the Philippines.

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 LO2. Identify and explain the relevance and application of the legal concepts of
partnership and agency to commercial and business transactions.

LO3. Evaluate and relate the provisions of partnership and agency under the Civil Code
of the Philippines with other relevant business laws and jurisprudences.

LO4. Determine the legal issues on case problems involving partnership and agency, and
ascertain the applicable legal doctrines and jurisprudences.

LO5. Draft different forms of legal documents related to partnership and agency.

LO6. Incorporate the Benedictine values and ideals in learning the basic skills in law and
in the undertaking commercial and business transactions.

Upon completion of the Obligations and Contracts course, the student is expected to be able to
do the following:

Expected College of Arts

and Sciences Graduate LEARNING OUTCOMES (LOs)
Attributes (ECGAs)

 Globally LO1. Understand the general principles of partnership and

competitive agency under the Civil Code of the Philippines.
professionals
LO2. Identify and explain the relevance and application of
the legal concepts of partnership and agency to commercial
and business transactions.

LO3. Evaluate and relate the provisions of partnership and

agency under the Civil Code of the Philippines with other
relevant business laws and jurisprudences.

LO4. Determine the legal issues on case problems

 Transformative involving partnership and agency, and ascertain the
leaders applicable legal doctrines and jurisprudences.

 Life-long learners LO5. Draft different forms of legal documents related to

partnership and agency.

LO6. Incorporate the Benedictine values and ideals in

learning the basic skills in law and in the undertaking
commercial and business transactions.

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ASSESSMENT/GRADING SYSTEM:

In accordance with the grading policy of the college, outlined below are the components for the
computation of the grades:

Scope of
Percentage Percentage
Work
(Midterm (Final
Requirements (Individual
Grade) Grade)
or Group)
LO1-LO4 Group and 40% 20%
Explain comprehensively legal doctrines, create Individual
cohesive legal arguments, and apply legal
provisions to issues and/or cases related to
agency and partnership through recitation,
group case study analysis and quizzes.
LO4 Individual 20% 10%
Craft comprehensive and cohesive case digests.
LO5 Individual 10%
Prepare and draft legal documents related to
contracts of agency and partnership
LO6 Group 10%
Research and propose possible amendments
to the existing legal provisions on agency and
partnership.

Other Requirements
Midterm Examination 40% 20%
Final Examination 30%
TOTAL 100%

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 LEARNING PLAN:

SYNCHRONOUS SESSION (SS) - ALL TOPIC PRESENTATION

ASYNCHRONOUS SESSION (AS) - ALL ASSESSMENT ACTIVITIES

WEEK/ LEARNING
TOPIC/CONTENT LEARNING
DATE METHODS
(arrangement or RESOURCES
(Schedule of (activities designed or
sequence of the major (print and non-print each Topic, deployed by the teacher
topics is based on a materials and online/ Assign, Exam to bring about, or
logical order) open-access
for the entire create the conditions
resources)
semester) for learning)
Course Introduction
 Course overview Day 1
 Course assignments Syllabus
 Course requirements

Module 1  Textbooks Week 1  Live lecture with

 Reference discussion by the
Materials professor
Topic 1:  Jurisprudence:
INTRODUCTION TO Ortega vs. CA,  Small group
PARTNERSHIP and 245 SCRA 529 discussion (on
partnership for the
AGENCY
Lim Tong Lim vs. practice of law)
Philippine
FishingGear
Topic 2: Industries, Inc.,  Recitation
CHARACTERISTIC 317 SCRA 728
ELEMENTS OF  Case
Tacao vs. CA, 365
PARTNERSHIP SCRA 463 analysis/discussion

Campos Rueda &

Topic 3: ESSENTIAL Co. vs. Pacific
FEATURES OF Commercial &
Co., 44 Phil. 916
PARTNERSHIP
Pascual vs. CIR,
166 SCRA 560
Topic 4: PARTNERSHIP
AS A JURIDICAL Ona vs. CIR, 45
SCRA 74
PERSON

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 WEEK/ LEARNING
TOPIC/CONTENT LEARNING
DATE METHODS
(arrangement or RESOURCES
(Schedule of (activities designed or
sequence of the major (print and non-print each Topic, deployed by the teacher
topics is based on a materials and online/ Assign, Exam to bring about, or
logical order) open-access
for the entire create the conditions
resources)
semester) for learning)
AFISCO
Insurance Corp.
Topic 5: PARTNERSHIP vs. CA, 302 SCRA
DISTINGUISHED 1
FROM OTHER
ORGANIZATIONS OR
ASSOCIATIONS

Module 2  Textbooks Week 2  Live lecture with

 Reference discussion by the
Topic 1: OBJECT or Materials professor
PURPOSE OF  Jurisprudence:
PARTNERSHIP Deluao vs.  Recitation
Casteel, 26 SCRA
Topic 2: EFFECTS OF 475  Case
AN UNLAWFUL
Analysis/Discussion
PARTNERSHIP
Arbes vs.
Polistico, 53 Phil.  Assessment Quiz1
Topic 3: 489
REGISTRATION OF
PARTNERSHIP CIR vs. Suter, 27
SCRA 152
Topic 4:
The Insular Life
CLASSIFICATION OF
Assurance Co.,
PARTNERSHIP and
Ltd. Vs. Ebrado,
KINDS OF PARTNERS
80 SCRA 181

Module 3  Textbooks Week 3  Live lecture with

 Reference discussion by the
Materials professor
Topic 1: OBLIGATIONS  Jurisprudence:
OF THE PARTNERS Sancho vs.  Recitation
Lizaraga 55 Phil.
60  Case
analysis/discussion

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 WEEK/ LEARNING
TOPIC/CONTENT LEARNING
DATE METHODS
(arrangement or RESOURCES
(Schedule of (activities designed or
sequence of the major (print and non-print each Topic, deployed by the teacher
topics is based on a materials and online/ Assign, Exam to bring about, or
logical order) open-access
for the entire create the conditions
resources)
semester) for learning)
Uy vs. Puzon, 79
SCRA 598  Assessment Quiz2

Ramnani vs. Court

of Appeals, 196
SCRA 731

Catalan vs.
Gatchalian, 105
Phil. 1270

Lim Tanhu vs.

Ramolete, 66
SCRA 425

Evangelista & Co.

vs. Abad Santos,
51 SCRA 416
Module 4  Textbooks Week 4  Live lecture with
 Reference discussion by the
Materials professor (or pre-
Topic 1: PROPERTY  Jurisprudence: recorded lecture)
RIGHTS OF A Deluao vs.
PARTNER Casteel, 29 SCRA  Recitation/Small
250 Group Discussion

Topic 2: OBLIGATIONS Jo Chung Cang  Case analysis

OF THE PARTNERS vs. Pacific
WITH REGARD TO Commercial Co.,
THIRD PERSONS 40 Phil. 142

PNB vs. Lo, 50

Topic 3: DISSOLUTION Phil. 803
AND WINDING UP OF
A PARTNERSHIP Island Sales, Inc.
vs. United
Pioneers Gen.
Construction Co.,
65 SCRA 544

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 WEEK/ LEARNING
TOPIC/CONTENT LEARNING
DATE METHODS
(arrangement or RESOURCES
(Schedule of (activities designed or
sequence of the major (print and non-print each Topic, deployed by the teacher
topics is based on a materials and online/ Assign, Exam to bring about, or
logical order) open-access
for the entire create the conditions
resources)
semester) for learning)

Muñasque vs. CA,

139 SCRA 533

Vda. de Chan
Diaco vs. Peng,
53 Phil. 906

Compania
Maritima vs.
Muñoz, 9 Phil.
326

Litton vs. Hill &

Ceron, 67 Phil.
513

Santiago Syjuico,
Inc. vs. Castro,
175 SCRA 171

Yu vs. NLRC, 224

SCRA 75

Laguna
Transportation
Co., Inc. vs. SSS,
107 Phil. 833

MIDTERM EXAMINATION

Module 5  Textbooks Week 5  Live lecture with

 Reference discussion by the
Materials professor
 Case Problems
Topic 1: LIMITED  Recitation
PARTHERSHIP

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 WEEK/ LEARNING
TOPIC/CONTENT LEARNING
DATE METHODS
(arrangement or RESOURCES
(Schedule of (activities designed or
sequence of the major (print and non-print each Topic, deployed by the teacher
topics is based on a materials and online/ Assign, Exam to bring about, or
logical order) open-access
for the entire create the conditions
resources)
semester) for learning)
 Small Group
Discussion (compare
actual companies
and/or industries that
have limited
partnership
arrangements,
applying thereto the
provisions of the
Civil Code)

 Drafting of
partnership
contracts
Module 6  Textbooks Week 6  Live lecture with
 Reference discussion
Materials (presentation to be
Topic 1: NATURE,  Jurisprudence: provided by the
FORM and KINDS OF Apex Mining Co., teacher)
AGENCY Inc. vs. Southeast
Mindanao Gold  Recitation
Mining Corp., 492
SCRA 355  Drafting of agency
Topic 2: OBLIGATIONS contracts
OF THE AGENT Rallos vs. Felix
Go Chan & Sons  Case analysis
Realty Corp., 18
SCRA 251

Eurotech
Industrial
Technologies, Inc.
vs. Cuizon, 521
SCRA 584

Air France vs. CA,

126 SCRA 448

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 WEEK/ LEARNING
TOPIC/CONTENT LEARNING
DATE METHODS
(arrangement or RESOURCES
(Schedule of (activities designed or
sequence of the major (print and non-print each Topic, deployed by the teacher
topics is based on a materials and online/ Assign, Exam to bring about, or
logical order) open-access
for the entire create the conditions
resources)
semester) for learning)
Baltazar vs.
Ombudsman, 510
SCRA 74

Ong vs. CA, 401

SCRA 684

Far Eastern
Export * Import
Co. vs. Lim Teck
Suan, 97 Phil. 171

American Rubber
Co. vs. CIR, 64
SCRA 569

Jai-Alai Corp. of
the Phils. Vs. BPI,
66 SCRA 29

Nielson & Co.,

Inc. vs. Lepanto
Consolidated
Mining Co., 26
SCRA 540

Naguiat vs. CA,

142 SCRA 591
Module 7  Textbooks Week 7  Live lecture with
 Reference discussion by the
Materials professor
Topic 1: OBLIGATIONS  Jurisprudence:
OF THE PRINCIPAL Rural Bank of  Recitation
Milaor vs.
Ocfemia, 325  Case
Topic 2: LIABILITY TO SCRA 99 analysis/discussion
THIRD PERSONS
China Airlines vs.
Chiok, 407 SCRA

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 WEEK/ LEARNING
TOPIC/CONTENT LEARNING
DATE METHODS
(arrangement or RESOURCES
(Schedule of (activities designed or
sequence of the major (print and non-print each Topic, deployed by the teacher
topics is based on a materials and online/ Assign, Exam to bring about, or
logical order) open-access
for the entire create the conditions
resources)
semester) for learning)
432

Commercial Bank
& Trust Co. vs.
Republic Armored
Car Service
Corp., 8 SCRA
425

Woodchild
Holdings, Inc. vs.
Roxas Electric &
Construction Co.,
Inc. 436 SCRA
235

De Castro vs. CA,

384 SCRA 607

Module 8  Textbooks Week 8  Live lecture with

 Reference discussion by the
Materials professor (or pre-
Topic 1: MODES OF  Jurisprudence: recorded lecture)
EXTINGUISHMENT OF Perez vs. PNB, 17
AGENCY SCRA 833  Recitation

Bicol Savings and  Case

Loan Association analysis/discussion
vs. CA, 171 SCRA
630

Sevilla vs. CA 160

SCRA 171

PNB vs. IAC, 189

SCRA 680

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 WEEK/ LEARNING
TOPIC/CONTENT LEARNING
DATE METHODS
(arrangement or RESOURCES
(Schedule of (activities designed or
sequence of the major (print and non-print each Topic, deployed by the teacher
topics is based on a materials and online/ Assign, Exam to bring about, or
logical order) open-access
for the entire create the conditions
resources)
semester) for learning)

Central Surety &

Insurance Co. vs.
C.N. Hodges, 38
SCCRA 159

Bacaling vs.
Muya, 380 SCRA
714

FINAL EXAMINATION
9TH
WEEK

RUBRIC FOR ASSESSMENT:

A rubric is a scoring guide with criteria for evaluating students' work in direct

relation to one or more of the program's learning outcomes and a rating scale
indicating differing levels of performance. It is usually in the form of a matrix or
grid.

Rubrics for Recitations

Exemplary Proficient Developing Beginning

Criteria Rating
96%-100% 85%-95% 75%-84%  75%
The answer
Responsivene The answer The answer The answer appears to be
ss given directly given responds given given out of
(35%) responds to the to the question incompletely desperation.
question asked. asked, but may responds to the Less than 75%
(20%-25%) include details question asked, of the response
not asked or and student did addresses the
might lack a not show full question.
requisite in the awareness of the (1%-7%)
law topic
(14%-19%) (8%-13%)

Context The answer The answer The answer The answer

Precision and given considers given, while it given, while it given appears to

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Economy of the context considers the considers the be a shotgun
Language within which the context within context within response. Less
(35%) question was which the which the than 75% of the
asked, complete question was question was response
without being asked, lacked asked, lacked addresses the
verbose clarity and focus, clarity and question.
(16%-20%) included details did not weed out (1%-5%)
not otherwise the important
asked detail from the
(11%-15%) non-important
ones
(6%-10%)

Legal Basis The given The given The given The answer
and answer answer answer considers given does not
Integration considers both considers both both the law and provide legal
(30%) the law and the law and relevant facts but basis, or does
relevant facts or relevant facts or missed in its not integrate the
has basis, wider has basis, but application, or facts to the law.
scope of failed to cited a wrong (1%-5%)
knowledge completely legal basis to
about the law, integrate the law justify the
including the to the facts answer
co-relation of gvien (6%-10%)
laws and (11%-15%)
concepts that
applies to the
given situation.
(16%-20%)
TOTAL

Rubric for Essay Questions and Digest Drafting

Exemplary Proficient Developing Beginning

Criteria 1 2 3 4 Rating
96-100 88-95 82-87 75-81
Legal Basis The legal The legal basis The legal basis The legal
basis cited is cited is cited is relevant basis cited is
The ability of correct and relevant to the to the wrong.
the student to thoroughly issue/question, issue/question
cite, explained. although not but is not
comprehend the exact properly or
correct answer. thoroughly
and properly However, the explained.
explain the same was
necessary and thoroughly
relevant legal explained.
basis for

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questions
given.

(50%)
Application The The legal basis The legal basis The
of Law application of cited is correct cited is relevant application of
the correct but is not to the issue or law is
The ability to legal basis is properly problem but is incorrect.
properly apply properly applied to the not properly
the relevant applied to the issue or applied to the
provision/s of issue or problem. issue or
law, as well as problem. problem.
jurisprudence,
to the
question/s
given.

(30%)
Clarity of Cohesive, Cohesive and Unclear but Unclear,
Answer, consistent and clear, but shows some incohesive
Delivery and clear. answer degree of and
Expression contains cohesion in the inconsistent.
certain presentation of
(20%) inconsistencies ideas.
TOTAL

MAIN REFERNCE: Republic Act No. 386 (Civil Code of the Philippines), as amended.

TEXTBOOKS:

De Leon, Hector. Comments and Cases on Partnership, Agency and Trusts. (Manila:
Rex Book Store, 2010).

Jurado, Desiderio. Civil Law Reviewer (Manila, Rex Book Store, 2012).

WEB RESOURCES:
https://www.chanrobles.com
https://www.sc.judiciary.gov.ph

Prepared by:

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ATTY. ALDEN REUBEN LUNA
Faculty, Department of Legal Management, College of Arts and Sciences

Approved by:

ATTY. MICHAEL C. DAGUINOD

Chair, Department of Legal Management, College of Arts and Sciences

ASSOC. PROF. JACKQUI R. MORENO, CPA, DBA

Vice Dean, Accountancy and Business Cluster

Signature
PROF. CHRISTIAN BRYAN S. BUSTAMANTE, Ph. D.
Dean, College of Arts and Sciences

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