UNIVERSITY OF SANTO TOMAS

THE CATHOLIC UNIVERSITY OF THE PHILIPPINES

DEPARTMENT OF LEGAL MANAGEMENT

COURSE PLAN
FOR PROPERTY AND BUSINESS PROTECTION LAWS (PROPERTY LAWS/IP LAWS)
1st Term, A.Y. 2023-24

Course Title: PROPERTY AND BUSINESS PROTECTION LAWS (PROPERTY LAWS/IP LAWS)

Course Number: LM 31814

Credit Units: THREE

Contact Hours: THREE HOURS PER WEEK

Sections: 3LM1/3LM2

Course Placement:
Pre-requisites:

Course Facilitator: ATTY. TEODORO LORENZO A. FERNANDEZ, LL. M.

Consultation Place/Time:
Email: tafernandez@ust.edu.ph
Cell. No.: +63917-5830107

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 UNIVERSITY OF SANTO TOMAS
THE CATHOLIC UNIVERSITY OF THE PHILIPPINES

DEPARTMENT OF LEGAL MANAGEMENT

COURSE DESCRIPTION:

This course deals with the fundamentals of property law in the Philippines. It tackles the law on the different classifications of property,
ownership, co-ownership, condominiums, possession, usufruct, easements, nuisance, and the different modes of acquiring ownership,
particularly donation. This course will also tackle intellectual property laws on copyright, trademark, and patents.

RATIONALE:

This course will discuss important features and statutory provisions of property law. It aims to accustom students with the fundamental
proprietary interests and to teach students the application of relevant laws and concepts to practical situations. This course, likewise,
intends to impart the knowledge and understanding of the pertinent principles and theories of property law and their application to
complex problems. This course will also critically examine the operation of property law from a range of cultural, theoretical, and
social perspectives. Furthermore, students will learn to analyze the legal rules and principles applicable to a problem or dispute and
formulate legal concepts.

FOCUS:

Property Law includes fundamental areas of legal knowledge and covers the following substantive areas: classification of properties,
concept of ownership and which properties are part of public dominion, basic right of an owner, remedies to recover possession of
property, rights of a builder, planter, sower, concepts of ownership, co-ownership and possession, and donation. Also included in this
course are the study of the basic concepts of copyright, trademark, and patent laws. s

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 UNIVERSITY OF SANTO TOMAS
THE CATHOLIC UNIVERSITY OF THE PHILIPPINES

DEPARTMENT OF LEGAL MANAGEMENT

Legal Management
Program Intended Course Intended
Institutional Outcomes
Learning Outcomes Learning
(PILOs) Outcome
Core S.E.A.L. of Thomasian Graduate Attributes Arts and Letters Graduate Attributes Upon successful completion Upon completion of the
Value Thomasian (ThoGAs) A graduate of the UST Faculty of Arts of the UST A.B. in Legal course , the student
s Education As a graduate of the and Letters is expected to manifest Management : should be able to :
University of Santo Tomas, the following:
I am expected to:
- Manifest leadership abilities to 1. Leadership Skills to Work Alone
promote advocacies for life, freedom, and in Teams.
justice, and solidarity in the service of To exhibit a work ethic anchored on
the family, the local and global honesty, responsibility and
communities, the Church and the accountability among students, and Pursue appropriate
environment. hone their leadership skills to both legal actions, and
1. Make judgment and
-exemplify values-driven leadership in lead and work in cooperation with make proper
pursue actions consistent
the professional conduct of the others. decisions, opinions,
with Christian morals,
CO Servant leader communication practice or resolutions,
values and principles in
M - Implement relevant projects and 2. Ethical Action and Moral
dealing with personal and concerning property
PE activities that speak of Christian Character.
professional concerns. rights, including
TE compassion to the poor and the To exhibit highest standards of
NC marginalized in order to raise their integrity in both personal behavior intellectual property
E, quality of life and professional decorum. rights.
CO - Show respect for the human person,
M regardless of race, religion, age, and
MI gender
T - Express myself clearly, correctly, and
M confidently in various environments, Give opinions/advice
EN contexts, and technologies of human 3. Communicate Effectively. and prepare legal
T, interaction To articulate ideas and express
document logically
CO -Embrace individual differences and positions as steeped in the
2. Exhibit interpersonal and grounded on legal
M show respect for the people I engage Thomasian value of truth, guided by
communication skills to principles involving
PA with daily faith and reason.
Effective effectively carry out an property law,
SSI - Work productively with individuals or
communicator assigned task in local or
ON groups from diverse cultures and including intellectual
and multicultural environment,
demographics property law, and
collaborator with due regard to the
-Manifest a high sense of emotional consistent with
Filipino culture and identity
maturity as I work with individuals and specific legal
.
groups
requirement.
- Show profound respect for individual
differences and/or uniqueness as
members of God’s creation

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 UNIVERSITY OF SANTO TOMAS
THE CATHOLIC UNIVERSITY OF THE PHILIPPINES

DEPARTMENT OF LEGAL MANAGEMENT

- Show judiciousness and
resourcefulness in making personal and 4. Body of Knowledge, Research Determine the
professional decisions and Creative Skills. Exhibit adequate 3. Demonstrate capability in
applying legal and applicable property
- Engage in research undertakings that knowledge in the Humanities, Social
management principles, law in resolving any
respond to societal issues Sciences and other related
-demonstrate ability to conceptualize, disciplines, and apply it in various theories and concept in legal issue. In
strategize and execute ideas guided by academic researches and creative creating new ideas and addition, to seek the
the principles of critical thinking endeavors. solution to various legal and proper relief under
-Cultivate the skill and harness available business management the Book Two
Analytical and technology to compliment imagination problems.
(Property) of the Civil
creative and innovation towards creative 4. Exhibit competencies in
thinker solving practical problems Code and/or the
endeavors Intellectual Property
- Express personal and professional required in joining the
workforce in a corporate Code law to ensure
insights through an ethical and
evidence-based approach environment. protection of a
person’s property
rights.

- Engage in reflective practice to ensure 5. Critical Skills, Effective Problem

disciplinal relevance and professional Solving.
Understand
development To progressively engage in theories
- Sustain in the continuing quest for and facts, in the light of reason,
fundamental
communication practice excellence by towards solving theoretical and concepts of the Book
conducting research and catching up practical problems. Two (Property) of
with current technological trends the+- Civil Code and
5. Formulate meaningful
- Exhibit preparedness and interest for 6. Social Awareness and Global the Intellectual
contributions as a strategic
Lifelong continuous upgrading of competencies Perspective. Property Code that
partner in building the
learner required by the profession or area of To demonstrate awareness and will allow them to
organization to become
specialization understanding of relevant social
globally competitive. understand and
- Manifest fidelity to the teachings of issues and responsiveness to the
Christ, mediated by the Catholic Church, needs of the global community critically resolve
in the continuous deepening of faith and through concrete social action. more complex issues
spirituality in dealing with new life involving protection
situations and challenges of property rights.

Performance Indicators (PI) of each PILO

Program Indented Learning Outcome Performance Indicators

Upon completion of all the courses offered in Legal As evidence of learning the PILO , an LM student
Management, the student should have the ability to : must be able to specifically :

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 UNIVERSITY OF SANTO TOMAS
THE CATHOLIC UNIVERSITY OF THE PHILIPPINES
DEPARTMENT OF LEGAL MANAGEMENT
10 Make judgment and pursue actions
consistent with Christian morals, values
and principles in dealing with personal
and professional
Concern.
2 Exhibit interpersonal and communication
skills to effectively carry out an assigned task in
local or multicultural environment, with due regard
to the Filipino culture and identity .
3 Demonstrate capability in applying legal
and management principles, theories and concept in
creating solution to various legal and business
management problems.
4 Exhibit competencies in solving practical
problems required in joining the workforce in a
corporate environment.
5 Formulate meaningful contributions as a
strategic partner in building the organization to
become globally competitive.
1a Resolved hypothetical or real legal and /or
business problem, question, issues through the
application of Christian Ethical principles and
theories.
1b. Do conduct manifesting Christian Moral
Values
2a Write or orally communicate convincing,
persuasive opinion, advice, argument or
reasoning, plan, strategies in resolving real or
hypothetical question / issues problem in business
and /or law through the application of business
and / or legal principles, theories and methods
relevant to the Philippine legal and business
environment .
2bWrite, create, execute a plan, strategies
opinion, advice, argument or in collaboration
/ consultation with the Team or Group in a
local or multicultural environment.
3a Resolve real or hypothetical question / issues
problem in business and /or law through the
application of business and / or legal principles,
theories and methods relevant to the Philippine
legal and business environment .
3a. Resolve real or hypothetical legal and /or
business problem by creating /discovering out of
the box solution or by applying simple ‘common
sense’ solution.
5a Produce new and creative ideas / knowledge
through research / study that contribute to the
growth and development of Philippine based
organization to become globally competitive .
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 UNIVERSITY OF SANTO TOMAS
THE CATHOLIC UNIVERSITY OF THE PHILIPPINES
DEPARTMENT OF LEGAL MANAGEMENT
INTENDED LEARNING
OUTCOMES
WEEK ONE
MODULE 1
Week Two
After completing this
Module, students should
be able to understand the
sources of law, the
hierarchy of laws, and the
three inherent powers of
the state. They should be
able to understand the
concept of property.
They should also be able
to understand the
classification of
immovable (real)
properties.
5b. Plan and execute, through student
organization, projects that contribute to the growth
and development of the target community.
CONTENT TEACHING-LEARNING ASSESSMENT TASKS
ACTIVITIES
Week One
Discuss course objectives,
students’ plans and expectations
a. Course Orientation (Online)
Reading / lecture / reporting /
The following are the guide questions for Week Socratic Q & A Learning
Two: Readings :
Week Two (Property Law)
a. Discuss In re: Joaquin Borromeo. Read the following laws:
b. Discuss Department of Education Culture and Graded Recitation
Articles 7, 414, and 415 Republic and/or Quizzes
Sports v. San Diego
Preliminary
c. What is law as defined by St. Thomas Aquinas? Act No. 386 or the Civil Code of Examination
d. Discuss the hierarchy of laws. (Article 7, the Philippines Final Examination
Republic Act No. 386 or the Civil Code of the
Suggested annotations:
Philippines)
e. Discuss the hierarchy of courts. For Article 7, read Ernesto L.
f. Discuss the inherent powers of the State. Pineda, Persons, 3rd ed. (Central
g. Memorize and discuss Article 414. Professional Books, Quezon City:
g.1. Discuss HPS Software and 2000), pp. 26-32
Communication Corporation v. PLDT.
h. Discuss the concepts of property, thing, and For Law on Property:
appropriation.
i. Distinguish between things and property. Elmer T. Rabuya, Property.
(Rex Book Store, 2021 ed.)
j. Discuss the classification of things.
k. Discuss the classification of property according
to:
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UNIVERSITY OF SANTO TOMAS
THE CATHOLIC UNIVERSITY OF THE PHILIPPINES

DEPARTMENT OF LEGAL MANAGEMENT

k.1. Mobility Ernesto L. Pineda, Law on
k.2. Ownership Property. (Central Book Supply,
2009 ed.)
k.3. Alienability
k.4. Individuality
k.5. Susceptibility to Touch Read the following cases :
k.6. Susceptibility to Substitution 1. In re: Joaquin Borromeo,
k.7. Accession 241 SCRA 405, A.M. No. 93-
l. Discuss the attributes of property; 7-696-0, 21 February 1995.
m. What are the rights considered as property? 2. Department of Education
n. What are the classes of rights considered as Culture and Sports v. San
property? Diego, G.R. No. 89572, 21
o. Memorize Article 415. December 1989.
p. Discuss the juridical classification of immovable 3. HPS Software and
properties. Communication
p.1. by nature. Corporation v. PLDT, G.R.
p.2. by incorporation. No. 170217, 10 December
p.3. by destination. 2012.
p.4. by analogy. 4. Navarro v. Pineda, G.R. No.
q. Discuss Paragraph 1 of Article 415. L-18456, 30 November
q.1. Discuss Navarro v. Pineda. 1963.
r. Discuss Paragraph 2 of Article 415. 5. Board of Assessment
s. Discuss Paragraph 3 of Article 415. Appeals v. Manila Electric
s.1. Discuss Board of Assessment Appeals Company, G.R. No. L-15334,
v. Manila Electric Company. 31 January 1964
s.2. Discuss Meralco Securities Industrial 6. Meralco Securities
Corp. v. Central Board of Assessment Industrial Corp. v. Central
Appeals. Board of Assessment
t. Discuss Paragraph 4 of Article 415. Appeals, G.R. No. L-46245,
u. Discuss Paragraph 5 of Article 415. 31 May 1982
u.1. Discuss Mindanao Bus Company v. 7. Mindanao Bus Company v.
City Assessor of Cagayan de Oro City. City Assessor of Cagayan de
u.2. Discuss People’s Bank and Trust Co. Oro City, G.R. No. L-17870,
v. Dahican Lumber Company. 29 September 1962.
v. Discuss Paragraph 6 of Article 415. 8. People’s Bank and Trust Co.
w. Discuss Paragraph 7 of Article 415. v. Dahican Lumber

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 UNIVERSITY OF SANTO TOMAS
THE CATHOLIC UNIVERSITY OF THE PHILIPPINES

DEPARTMENT OF LEGAL MANAGEMENT

x. Discuss Paragraph 8 of Article 415. Company, G.R. No. L-17500,
y. Discuss Paragraph 9 of Article 415. 16 May 1967.
z. Discuss Paragraph 10 of Article 415

The following are the guide questions for the Read the following laws:
Week Three
MODULE 2 Articles 416 to 426 of the Civil
Week Three (Property Law) Graded Recitation
Code. and/or Quizzes
After completing this a. Memorize and discuss Article 416.
Preliminary
Module, students should b. Memorize and discuss Article 417. Section 2 and 3 of Article XII of Examination
be able to understand the c. Explain the Rule of Exclusion. the 1987 Constitution Final Examination
concept of movable d. Explain the Rule of Description.
(personal) properties. e. Memorize and discuss Article 418. Section 5 of Republic Act No.
They should also be able f. When is a property considered as a consumable 8179.
to grasp the concept of or as a non-consumable?
private ownership and g. Are the terms consumable/non-consumable Suggested annotations:
which properties are part interchangeable with fungible/non-fungible?
1. Elmer T. Rabuya, Property.
of public dominion. They h. Discuss Article 419.
(Rex Book Store, 2021 ed.)
should also grasp the i. When is a property considered belonging to 2. Ernesto L. Pineda, Law on
reason for prohibiting public domain? Property. (Central Book
foreign ownership of lands j. When is property considered of private Supply, 2009 ed.)
in the Philippines. ownership? 3. For Article XII of the
k. What are the things considered as property of Constitution: Hector S. de
public dominion (Art. 420)? Read also Sections 2 Leon and Hector M. de
and 3 of Article XII of the 1987 Constitution. Leon, Jr., Philippine
k.1. Discuss Manila International Airport Constitutional Law:
Authority v. CA. Principles and Cases,
k.2. Discuss Laurel v. Garcia. Volume 1 (Rex Book Store,
l. What is considered as patrimonial property (Art. 2017 ed.), pp. 612-673
421)?

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 UNIVERSITY OF SANTO TOMAS
THE CATHOLIC UNIVERSITY OF THE PHILIPPINES
DEPARTMENT OF LEGAL MANAGEMENT
Module 3
Upon completion of the
module, students are
expected to understand
ownership in general,
including basic rights of
an owner. They should
also be able to
understand remedies to
recover possession of a
property. They should
also be able to
m. Discuss Art. 422. Read the following Cases:
n. Discuss Art. 423.
o. Discuss Art. 424. 1. Manila International Airport
p. What is a political subdivision? Authority v. CA, G.R. No.
q. What are the classes of property of political 163072, 02 April 2009.
subdivisions of a state? 2. Laurel v. Garcia, G.R. No.
r. Discuss Article 425. 92013, 25 July 1990.
s. What is the Regalian Doctrine? 3. Secretary of DENR v. Yap,
s.1. Discuss Secretary of DENR v. Yap, G.R. G.R. No. 167707, 08 October
No. 167707, 08 October 2008. 2008.
t. Discuss Section 7 of Article XII 1987 Constitution. 4. Halili and Halili v. Court of
u. Who are qualified to own private lands Appeals, et al., G.R. No.
according to the Philippine Constitution? 113539, 12 March 1998
v. What is the rationale for prohibiting foreigners
from acquiring lands in the country?
v.1. Discuss Halili and Halili v. Court of
Appeals, et al., G.R. No. 113539, 12 March 1998
x. Discuss Section 5 of Republic Act No. 8179.
y. Discuss Article 426.
The following are the guide questions for
Week Four: Readings :
Graded Recitation
Week Four (Property Law)
Read the following laws: and/or Quizzes
Preliminary
a. Discuss Article 427. Articles 427 to 439 of the Civil Examination
b. What are the different rights included in Code Final Examination
ownership?
Suggested annotations:
c. What is the subject of ownership?
d. Discuss and distinguish between beneficial
1. Elmer T. Rabuya, Property.
ownership from naked ownership. (Rex Book Store, 2021 ed.)
e. Discuss Article 428. 2. Ernesto L. Pineda, Law on
f. What are the three rights of an owner covered Property. (Central Book
under Article 428? Discuss each. Supply, 2009 ed.)
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 UNIVERSITY OF SANTO TOMAS
THE CATHOLIC UNIVERSITY OF THE PHILIPPINES

DEPARTMENT OF LEGAL MANAGEMENT

understand the g. Discuss the actions for recovery of possession of Read the following cases:
application of the state’s a real property and a personal property.
power of eminent domain. 1. Mactan-Cebu International
h. Distinguish between forcible entry and accion
publiciana. Airport Authority v. Lozada,
i. What is the prescription period for filing of G.R. No. 176625, Feb. 25,
accion publiciana and accion reinvindicatoria? 2010.
j. When may accion publiciana or accion 2. Republic of the Philippines v.
reinvindicatoria be filed? Sarabia, G.R. No. 157847,
k. What are the ancillary remedies for recovery of August 25, 2005.
possession?
k.1. What is a writ of possession?
k.2. What is a preliminary mandatory
injunction?
l. What are the limitations on the right of
ownership?
l.1. Those imposed by the state.
l.2. Those imposed by law.
l.3. Those imposed by the owner.
l.4. Those imposed by the grantor.
m. Discuss Article 429.
n. What is the principle of self-help?
o. Discuss Article 430 to 431.
p. Discuss Article 432.
r. Discuss state of necessity.
s. What is the basis of liability of those benefited.
t. Discuss Article 433.
u. When does disputable presumption of
ownership arise under Article 433?
v. What are the requirements in substantiating an
action to recover property?
w. Discuss Article 434.
x. Why is the plaintiff not allowed to rely on the
weakness of defendant’s title?
y. Discuss Article 435.
z. Distinguish eminent domain from expropriation.

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 UNIVERSITY OF SANTO TOMAS
THE CATHOLIC UNIVERSITY OF THE PHILIPPINES
DEPARTMENT OF LEGAL MANAGEMENT
Module 4
(Two Weeks)
At the end of this module,
the students are expected
to understand the right of
accession. They should
also be able to
understand who is and
the rights of a builder,
planter, and sower.
They should also be able
to understand and
distinguish between a
principal thing and an
accessory.
aa. Distinguish expropriation from sale.
bb. What are the two stages in an expropriation
proceeding?
cc. What are the requisites of eminent domain?
cc.1. Discuss Mactan-Cebu
International Airport Authority v.
Lozada.
cc.2. Discuss Republic of the Philippines
v. Sarabia.
dd. Discuss Articles 436 to 439.
Readings:
Guide questions for the Weeks Five and Graded Recitation
Six: Read the following laws: and/or Quizzes
Preliminary
Articles 440 to 475 of the Civil Examination
Week Five (Property Law) Code Final Examination
a. Discuss Article 440.
b. What is the right of accession?
c. What are the kinds of accession? Suggested Annotations:
Summative test will
c.1. Accession discreta Elmer T. Rabuya, Property. be given after
c.2. Accession continua (Rex Book Store, 2021 ed.) completion of the
c.2.1. Accession as to immovables coverage under
c.2.2. Accession as to movables Ernesto L. Pineda, Law on Week Five.
Property. (Central Book Supply,
d. What is the justification for accession?
2009 ed.)
e. Discuss Article 441.
f. Discuss the exceptions to the rule that the fruits
belong to the owner. Read the following cases:
g. Discuss Article 442.
Week Five
h. What are the three kinds of fruits under Art. 1. Sps. Espinoza v. Sps.
442? Discuss and give examples for each. Mayandoc, G.R. No. 211170,
i. Discuss Article 443. 03 July 2017.
j. Who is the third person referred to in Article
443?
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UNIVERSITY OF SANTO TOMAS
THE CATHOLIC UNIVERSITY OF THE PHILIPPINES

DEPARTMENT OF LEGAL MANAGEMENT

k. When are fruits considered in existence
according to Article 444? Week Six
l. Discuss Article 445.
m. What are the presumptions under Article 446? 1. Celestial v. Cachopero, G.R.
n. What are the rights and obligations of the No. 142595, 15 October 2003.
parties under Art. 447?
o. Discuss the rules under Article 448.
o.1. Discuss Sps. Espinoza v. Sps.
Mayandoc.
p. What is the rationale of Article 448?
r. Discuss Article 449.
s. What is the exception to the rule of lack of
indemnity?
t. What are the remedies of the landowner whose
land somebody built upon in bad faith?
u. Discuss Article 451.
v. Why is the builder in bad faith entitled to
reimbursement for necessary expenses?
w. What are these necessary expenses referred to
under Article 452?
v. What is the effect if both the
builder/planter/sower and the land owner were in
bad faith (Article 453)?
w. What is the rule when the land owner is in bad
faith, but the builder, planter, or sower is in good
faith (Article 454)?
x. Who are the parties involved under Article 455?
Discuss their rights.
y. Discuss Article 456.

Week Six (Property Law)

a. Discuss Article 457.
b. What is alluvium?
b.1. What are the essential elements of
alluvium?

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UNIVERSITY OF SANTO TOMAS
THE CATHOLIC UNIVERSITY OF THE PHILIPPINES

DEPARTMENT OF LEGAL MANAGEMENT

c. What is accretion?
d. What is avulsion?
e. Why is soil deposited granted to owners of lands
adjoining river banks?
f. Discuss Article 458.
g. What is a pond?
h. What is a lagoon?
i. Discuss Article 459.
j. What is a river?
k. What is a creek?
l. What is a torrent?
m. Discuss the effects of avulsion.
n. Distinguish between avulsion and alluvium?
o. What is the effect of detachment without
attachment?
p. Discuss Article 460.
r. Discuss Article 461.
s. What is the effect of change of river bed?
t. What is the effect of change or abandonment?
u. What is the rationale of Article 461?
v. Discuss the right of riparian owners to the
abandoned river bed.
v.1. Discuss Celestial v. Cachopero.
w. Discuss Article 462.
v. Discuss the effects of abandonment of the
subsequent or new river bed.
w. Discuss Article 463.
x. Discuss the consequences of a river dividing into
branches.
y. Discuss Article 464.
z. What is a navigable or floatable river?
aa. Discuss Article 465.
bb. Who owns the islands formed in non-
navigable and non-floatable rivers through
successive accumulation of alluvial deposits?

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UNIVERSITY OF SANTO TOMAS
THE CATHOLIC UNIVERSITY OF THE PHILIPPINES

DEPARTMENT OF LEGAL MANAGEMENT

cc. Discuss Article 466.
dd. What is adjunction or conjunction?
ee. Who is the owner of the resulting object?
ff. Discuss the classes of adjunction or
conjunction? Give an example each.
gg. Discuss Article 467.
hh. Discuss the primary factor to determine the
principal and the accessory.
ii. Discuss Article 468.
kk. Discuss the secondary factors to determine
principal and accessory.
ll. Discuss Article 469.
mm. When is separation without injury allowed?
nn. Discuss Article 470.
oo. Discuss the consequences when an owner of
the accessory acts in bad faith.
pp. Discuss the consequences when an owner of
the principal acts in bad faith.
qq. Discuss Article 471.
rr. Discuss the ways of paying indemnity.
ss. Discuss Article 472.
tt. Discuss the classes of mixture.
uu. Discuss Article 473.
vv. What is the effect on ownership of the things
mixed or confused when the mixture or confusion
I with one owner acting in good faith?
ww. Discuss the sanctions against an owner who
mixed the things in bad faith.
xx. Discuss Article 474.
yy. Discuss specification.
zz. Discuss the rules on specification.
Aaa. What is sentimental value?

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 UNIVERSITY OF SANTO TOMAS
THE CATHOLIC UNIVERSITY OF THE PHILIPPINES

DEPARTMENT OF LEGAL MANAGEMENT

The following are the guide questions for Readings:

Module 5 Graded Recitation
the sixth week:
Read the following laws: and/or Quizzes
Preliminary
Upon completion of the Week Seven (Property Law) Articles 475 to 501 of the Civil Examination
module, the student Code Final Examination
should be able to a. Discuss the concept of quieting of title. What is
understand quieting of
title as a remedy for an
its justification?
Suggested Annotations:
owner. The student b. What is the nature of the action.
should also be able to c. Discuss Article 476.
understand the concept of d. What are the two kinds of actions contemplated Elmer T. Rabuya, Property.
co-ownership and the (Rex Book Store, 2021 ed.)
in Article 476?
rights of a co-owner.
e. What is a cloud on a title? How does it emerge?
Ernesto L. Pineda, Law on
f. What is the test to determine whether a cloud Property. (Central Book Supply,
exists? 2009 ed.)
g. What are the requisites for the action?
g.1. Discuss Mananquil v. Moico. Read the following cases:
g.2. Discuss Vda. De Aviles v. CA and
1. Mananquil v. Moico, G.R.
Aviles.
No. 180076, 21 November
h. May an action for ejectment be maintained
2012.
even if there is a pending action for quieting of
2. Vda. De Aviles v. CA and
title involving the same property?
Aviles, G.R No. 95748, 21
i. Discuss Article 477.
November 1996.
j. Why must plaintiff have legal or equitable title
3. Tan v. Rodriguez, G.R. No.
to or interest in the subject real property to be
230404, 31 January 2018.
able to maintain an action for quieting of title?
4. Cuizon v. Remoto, G.R. No.
k. Discuss Article 478.
143027, 11 October 2005
l. Discuss Article 479.
5. Vda. De Espina v. Abaya, G.R.
m. Why is there a need for restoration of benefits?
No. L-45142, 26 April 1991.
n. Read Article 480 to 481.
o. What is the obligation of an owner of a ruinous
building under Article 482?
p. What is the obligation of the owner of a large
tree in danger falling under Article 483?
r. Discuss Article 484.

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UNIVERSITY OF SANTO TOMAS
THE CATHOLIC UNIVERSITY OF THE PHILIPPINES

DEPARTMENT OF LEGAL MANAGEMENT

s. Discuss the concept of co-ownership.
t. What are the requisites of co-ownership?
u. How is a co-ownership established?
v. Distinguish a co-ownership from conjugal
partnership of gains.
w. What is the presumption on the extent of
ownership of a co-owner under Article 485?
w.1. Discuss Tan v. Rodriguez.
v. Discuss Article 486.
w. Discuss the two restrictions on the right of a co-
owner to use the property owned in common.
x. Read Article 487.
y. Discuss Article 488.
z. What is the remedy of the co-owner who
refuses to contribute his share under Article 488?
aa. Discuss Article 489.
bb. What are considered as repairs necessary for
preservation?
cc. Discuss the rules under Article 490.
dd. Discuss Article 491.
ee. What is an alteration?
ff. What is the remedy against unreasonable
holding of consent?
gg. Discuss the rules under Article 492.
hh. Discuss the rights of a co-owner on his ideal
share under Article 493.
Hh1. Discuss Cuizon v. Remoto.
ii. Discuss Article 494.
kk. Why is perpetual co-ownership against public
policy?
ll. Discuss Article 495.
mm. Discuss Article 496.
nn. Define partition.
oo. How is partition effected?
Oo1. Discuss Vda. De Espina v. Abaya.

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THE CATHOLIC UNIVERSITY OF THE PHILIPPINES
DEPARTMENT OF LEGAL MANAGEMENT
Module 6
Three weeks
Upon completion of the
module, the student
should be able to:
1. Under basic concepts
and principles of criminal
law, including territoriality
principle, the English
Rule, the French Rule,
dolo, culpa, felony,
praeter intentionem,
impossible crime, stages
of committing a felony,
conspiracy, and the
pp. Discuss Article 497.
qq. Discuss Article 498.
rr. Discuss Articles 499.
ss. What is the effect of partition on subsisting
rights of third persons?
tt. Read Article 500.
uu. Discuss the obligations of co-owners after
partition under Article 501.
Week Eight
A. TAKE ONSITE PRELIM EXAM
Week Nine
A. DISCUSS PRELIM EXAMS AND
CONDUCT GRADE CONSULTATION
Guide questions for the seventh to ninth week: Readings
Read the following laws: Graded Recitation
Week Ten (Property Law) and/or Quizzes
a. Discuss Article 523. Articles 523 to 559, 1106, Preliminary
b. What is the meaning of possession? 1117, 1118, and 1137 of the Examination
Civil Code. Final Examination
c. What are the kinds of possession?
c.1. according to the name used as to its Suggested Annotations:
exercise.
c.2. according to the concept of possession. Elmer T. Rabuya, Property. (Rex
Book Store, 2021 ed.)
c.3. according to the condition of the mind.
d. Distinguish between right to possession and Ernesto L. Pineda, Law on
right of possession. Property. (Central Book Supply,
e. What are the essential elements of possession? 2009 ed.)
f. Why does a possessor of a thing need not be its
owner? Read the following cases:
Week Ten
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THE CATHOLIC UNIVERSITY OF THE PHILIPPINES
DEPARTMENT OF LEGAL MANAGEMENT
principal penalties in the
Revised Penal Code.
g. Discuss Sabio v. The International Corporate 1. People v. Ortega, Jr. and
Bank, Inc. Garcia, G.R. No. 116736, 24
h. What are the classifications or degrees of July 1997.
possession? Discuss each. 2. Carlos v. Republic of the
i. Discuss Article 524. Philippines, G.R. No. 164823,
j. Distinguish between direct possession and 31 August 2005.
indirect possession.
k. Discuss Article 525.
l. Discuss Distinguish between possession in the
concept of a holder and possession in the concept
of an owner.
L.1. Discuss Carlos v. Republic of the
Philippines
m. Distinguish between possession in good faith
and possession in the concept of an owner.
n. Discuss the effect of good faith or bad faith in
acquisitive prescription resulting from possession
in the concept of an owner. Read related
provisions of the Civil Code (Arts. 1106, 1117,
1118, and 1137) on acquisitive prescription.
Week Eleven (Property Law)
a. Discuss Article 526.
b. When is a possessor deemed in good faith or in
bad faith? Read the following cases:
c. Why is bad faith not transmissible from a person
Week Eleven
to another?
1. Catholic Bishop of Balanga
d. Why is good faith always presumed? (Article
v. CA, G.R. No. 112519, 14
527)
November 1996.
e. How is the presumption of good faith
2. Vda. de Cabrera v. CA, G.R.
overturned?
No. 108547, 03 February
f. When will possession in good faith cease under
1997.
Article 528?
g. Explain presumption of continuity of character
of possession. (Article 529)
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DEPARTMENT OF LEGAL MANAGEMENT

h. What are the objects of possession under
Article 530?
i. Discuss the kinds of possessor.
j. Give examples of things that cannot be
possessed by anyone.
k. Discuss Article 531.
l. What are the essential elements of possession?
m. What are the modes of acquiring possession?
n. Distinguish actual possession from constructive
possession.
o. What is material occupation.
p. What are the kinds of constructive delivery
equivalent to material occupation?
r. What are the kinds of constructive delivery
opposite of material occupation?
s. When is symbolic delivery not effective?
t. What are the kinds of possession according to
person of possessor? (Article 532)
u. Why is possession deemed transmitted from
the moment of death of the decedent and without
interruption? (Article 533)
v. When is possession not deemed transmitted
from the moment of death of the decedent?
w. Discuss Article 534. What is the rationale for
this Article?
x. What is the effect of an heir’s possession in bad
faith?
y. What is the effect of the heir’s possession in
good faith?
z. May minors and incapacitated acquire
possession of things? What are the requisites?
(Art. 535)
aa. Who is a minor? Who are incapacitated
persons?
bb. Discuss Article 536.

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DEPARTMENT OF LEGAL MANAGEMENT

cc. Is there criminal liability for forceful illegal
eviction?
dd. What is the concept of acts merely tolerated?
(Article 537).
ee. May registered property be lost through
laches?
ee.1. Discuss Catholic Bishop of Balanga v.
Court of Appeals.
ee.2. Discuss Vda. de Cabrera v. CA.
ff. Discuss Article 538.
gg. Explain the rule on possession as a fact. Discuss
the exception.
hh. What are the rules to follow in case there are
conflicting claims of possession?
ii. Distinguish between the rule on preference in
possession and rule on preference in ownership.
kk. Will mere possession defeat the title of a
holder of a registered torrens title to real
property?

Week Twelve (Property Law)

a. Discuss Article 539.
b. What is the remedy of a possessor whose
possession was disturbed?
c. What is a writ of preliminary mandatory
injunction?
d. What is the rationale for the second paragraph
of Article 539?
e. Discuss the judicial remedies available to a
person unlawfully dispossessed of a realty?
f. Discuss Article 540.
g. What are the two concepts of possession?
Which of the two is covered under Article 540?
h. What are the objects of possession under
Article 530?

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DEPARTMENT OF LEGAL MANAGEMENT

i. Distinguish between title and certificate of title.
j. Discuss just title, colorable title, and putative
title.
k. Discuss the presumption stated in Article 541.
l. What are the requisites for the legal
presumption of ownership to apply?
m. Discuss Article 542.
n. What is the exception to the presumption
stated in Article 542?
o. Discuss Article 543.
p. What is interruption of possession?
r. What is the effect of interruption on all co-
possessors?
s. Discuss civil interruption and when judicial
summons may not give rise to interruption.
t. Discuss Article 544.
u. When are fruits considered received?
v. What fruits are covered by the rule on
proportionate sharing under Article 545.
w. What will be proportionately shared?
x. Why is there unfairness and inequity in Article
545?
y. Discuss Article 546.
z. What are necessary expenses?
aa. What is the right of retention?
bb. What are useful expenses?
cc. When is removal of useful improvements
allowed? (Article 547)
dd. May a possessor in bad faith remove useful
improvements?
ee. Discuss Article 548.
ff. What are expenses for pure luxury?
gg. Discuss Article 549.
hh. Discuss the liability of a possessor in bad faith
regarding fruits.

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DEPARTMENT OF LEGAL MANAGEMENT

ii. Is the possessor in bad faith entitled to refund
for improvement for pure luxury or mere
pleasure?
kk. May a possessor in bad faith remove luxurious
improvements?
ll. Read Articles 550 and 551.
mm. Discuss the liability of a possessor in case of
loss or deterioration of the thing possessed.
(Article 552)
nn. When is a thing considered lost?
oo. Is there an obligation for the lawful possessor
to pay for improvements that have ceased to
exist? (Article 553).
pp. Should the lawful possessor pay for the
necessary expenses for the improvements that
have ceased to exist at the time he recovered
possession?
rr. Discuss the presumption of continuous
possession. (Article 554).
ss. Discuss the four ways through which a
possessor may lose possession under Article 555.
tt. Discuss Article 556.
uu. What is the meaning of “under the control of
the possessor”?
vv. Discuss Article 557.
xx. Discuss Article 558.
yy. Discuss Article 559.
zz. What is the meaning of “possession of a
movable is equivalent to a title”?
aaa. What is the meaning of “unlawfully
deprived”?
bbb. When is a movable considered “lost” under
Article 559.
ccc. What are the requisites necessary to make
possession of a movable the equivalent of a title?

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 UNIVERSITY OF SANTO TOMAS
THE CATHOLIC UNIVERSITY OF THE PHILIPPINES
DEPARTMENT OF LEGAL MANAGEMENT
Module 7
(Two Weeks)
Upon completion of the
module, the student
should be able to concept
of donation, including the
kinds and classification of
donations, the rights and
obligations of a donor and
a done, and the rules
governing donations.
Ddd. When is a movable considered a specific
thing? Why must it be a specific thing to fall under
the coverage of Article 559?
Eee. What is the principle of irrevindicability?
Fff. What is a public sale?
Ggg. What are the proof necessary to overcome
title of possessor of movable property?
The guide questions for Weeks 13 and 14 Readings
Graded Recitation
are as follows:
Read the following laws: and/or Quizzes
Preliminary
Week Thirteen (Property Law) Articles 725 to 773 of the Civil Examination
Code. Final Examination
a. Memorize Article 725.
Suggested Annotations:
b. What are the essential elements of a donation
Summative test will
c. What are the requisites of consent in donation?
Elmer T. Rabuya, Property. be given after
d. What is the significance of acceptance? (Rex Book Store, 2021 ed.) completion of the
e. Discuss the classifications of donations. coverage under
Ernesto L. Pineda, Law on Week Fourteen.
e.1. From the viewpoint of effectivity:
e.1.a. Donations mortis causa Property. (Central Book Supply,
2009 ed.)
e.1.b. Donations inter vivos
e.2. From the point of view of object
e.2.a. Donations of real property Read the following cases:
e.2.b. Donations of personal
Week Thirteen
property
e.2.c. Donations of alienable rights 1. Del Rosario v. Ferrer, G.R. No.
e.3. From the viewpoint of its relation to 187056, 20 September 2010.
marriage 2. Sumipat v. Banga, G.R. No.
e.3.a. Donation propter nuptias 155810, 13 August 2004.
e.3.b. Ordinary donation 3. Shopper’s Paradise Realty
f. Discuss the kinds of donations inter vivos. and Dev’t. Corp. v. Roque,
f.1. simple G.R. No. 148775, 13 January
f.2. remuneratory 2004.
f.3. conditional
f.4. modal
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f.5. onerous
g. Discuss Article 726.
h. Discuss the effect of an illegal or impossible
condition in simple and remunaratory donations?
(Art. 727)
i. What is an impossible condition?
j. What law governs donations mortis causa? (Art.
728)
k. What are the characteristics of a donation
mortis causa?
l. Discuss Article 729.
m. Distinguish between a donation mortis causa
and a donation inter vivos.
n. Discuss the tests to determine if whether a
donation is mortis causa or inter vivos.
o. What is the rule if there is doubt on the nature
of a donation?
o.1. Discuss Del Rosario v. Ferrer.
p. What is the effect of a suspensive condition
taking place beyond the natural life of the donor
on the donation? (Art. 730)
r. What is the effect of a resolutory condition of
the donor’s survival on the donation? (Art. 731)
s. Distinguish between a suspensive condition and
a resolutory condition?
t. Discuss Article 732.
u. Discuss onerous donation and its kinds. (Article
733)
v. When is the moment of perfection of a
donation? (Art. 734).
w. Discuss the qualifications of a donor? (Article
735).
x. Discuss Article 736.
y. Why are guardians and trustees prohibited from
donating trust property?

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DEPARTMENT OF LEGAL MANAGEMENT

z. When does implied trust arise in a donation?
aa. When is a determining moment for a donor’s
capacity? (Article 737)
bb. Who may accept donations? (Article 738)
cc. Memorize and explain the void donations
under Article 739.
dd. Discuss Article 740.
ee. May minors and others who are incapacitated
to enter into a contract become donees? Who will
accept on their behalf? (Article 741)
ff. Discuss Article 742.
gg. Who are the incapacitated persons referred to
in Article 743?
hh. Why are the transfers to incapacitated persons
void under Article 743?
ii. When is double donation present? (Article 744)
kk. What are the rules to be followed in case of
double donation?
ll. What is the effect of a donee’s failure to accept
the donation? (Article 745)
mm. What are the modes of acceptance?
oo. When must acceptance be made? (Article 746)
pp. What is the requirement for acceptance of
donations by representatives? (Article 747)
rr. What are the formalities required in the
donation of a movable property? (Article 748)
ss. What are the formalities required in the
donation of an immovable property? (Article 749)
ss.1. Discuss Sumipat v. Banga.
tt. When is a document considered to be in a
public instrument?
uu. What is the effect of ratification of donation by
the heirs of the donor on the donation?
uu.1. Discuss Shopper’s Paradise Realty
and Dev’t. Corp. v. Roque.

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DEPARTMENT OF LEGAL MANAGEMENT

Week Fourteen (Property Law)

a. Discuss Article 750.
b. What is present property?
c. What are the donations not covered by Article
750?
d. What is accion pauliana?
e. What is the effect of failure to make the
reservation required under Article 750 on the
donation? Why is there a need to make a
reservation?
f. What is a future property? May it be the subject
of a donation? (Art. 751) Read the following cases:
g. Memorize and explain the two restrictive acts Week 14
under Article 752.
h. What is the effect of an inofficious donation? 1. Province of Camarines Sur v.
i. Discuss Article 753. Bodega Glassware, G.R. No.
j. What is the right of accretion? Is it applicable to 194199, 22 March 2017.
a donation where there are joint donees? 2. Calanasan v. Sps. Dolorito,
k. Discuss the subrogation of a 26ang to all the G.R. No. 171937, 25
rights and actions pertaining to the donor, in case November 2013.
of eviction. (Article 754) Shopper’s Paradise Realty and
l. What is the effect of the donor’s failure to his Dev’t. Corp. v. Roque, G.R. No.
right to dispose a portion of the property or the 148775, 13 January 2004.
amount donated in a deed of donation because of
his death? (Article 755)
m. May the ownership of a property and the
usufruct over the same property be donated to
different persons? (Article 756)
n. Discuss the rules on reversion as stated in
Article 757.
n.1. Discuss Province of Camarines Sur v.
Bodega Glassware.

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DEPARTMENT OF LEGAL MANAGEMENT

o. Discuss the rules on the imposition upon the
27ang the obligation to pay the donor’s debts.
(Art. 758)
p. Discuss Art. 759.
r. When is a donation presumed to be in fraud of
creditors?
s. When may a donation inter vivos be revoked or
reduced under Article 760?
t. Discuss Article 761.
u. What is disposable free portion?
v. What are the obligations of the donee upon
revocation or reduction of donation? (Art. 762)
w. Discuss the rules on prescription of actions
stated in Article 763.
x. Discuss revocation of donations under Article
764.
y. May revocation be done unilaterally by the
donor?
z. When is ingratitude on the part of the 27ang
considered as a ground for revocation of the
donation at the instance of the donor? (Article
765)
z.1. Discuss Calanasan v. Sps. Dolorito.
aa. What is the reason for Article 765?
bb. What is the effect of the revocation of the
donation due to ingratitude on alienations or
mortgages made by the 27ang? (Arts. 766-767)
cc. What are the things to be returned after
revocation of donation? (Art. 768).
dd. May the donor make an advance renunciation
of action to revoke a donation on ground of
ingratitude? (Art. 769).
ee. Discuss Article 770.
ff. Read Articles 771 to 773.

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 UNIVERSITY OF SANTO TOMAS
THE CATHOLIC UNIVERSITY OF THE PHILIPPINES
DEPARTMENT OF LEGAL MANAGEMENT
Module 8
Two Weeks
Upon completion of the
module, the student
should be able to have a
basic understanding of
intellectual property law,
particularly: trademark
law, copyright law, and
patent law. Under
trademark law, the
student should be able to
grasp the concept of
registrability of
trademarks and unfair
competition. Students
should also be able to
know when a work is
copyrightable. Students
should also be able to
distinguish between a
patentable invention, a
utility model, and an
industrial design.
Guide questions for the Weeks 15 and 16: Readings:
Graded Recitation
Laws: and/or Quizzes
Weeks 15 (Intellectual Property Law) Preliminary
Republic Act No. 8293 or the Examination
Intellectual Property Code of Final Examination
a. What is an intellectual property according to the
the Philippines
World Intellectual Property Organization?
b. What is the statutory definition of intellectual Recommended annotation
property rights according to RA No. 8293?
c. Distinguish between trademarks, copyrights, Allan B. Gepty, Intellectual
and patents. Property Law Compendium,
c.1. Discuss Kho v. CA. (Central Book Supply, Inc., 2019
d. What is a trademark? What is the term of ed.)
protection of a registered trademark?
e. What is a mark (trademark and service mark)? Ernesto C. Salao, Essentials of
f. What is a collective mark? Intellectual Property Law: A
g. What is a trade name. Guidebook on RA No 8293 and
h. What are the non-registrable marks (Sec. 123 of Related Laws, Rex Bookstore
RA No. 8293)? (2016. Ed.)
h.1. False suggestion of connection. Discuss
Fredco Manufacturing Corp. v. President Read the following cases:
and Fellows of Harvard College.
h.2. Identical with a registered trademark.
Discuss Mighty Corporation v. E & J Gallo Weeks 15
Winery. 1. Kho v. CA, G.R. No. 115758,
h.3. Colorable Imitation of a registered mark. 19 March 2002.
Discuss McDonald’s Corporation v. L.C. 2. Fredco Manufacturing Corp.
Big Mak Burger, Inc. v. President and Fellows of
h.4. Marks that are considered generic. Harvard College, G.R. No.
Discuss Lyceum of the Philippines v. Court 185917, 01 June 2011.
of Appeals, G.R. No. 101897, 05 March 3. Mighty Corporation v. E & J
1993. Gallo Winery, G.R. No.
i. What are the two types of confusion in 154342, 14 July 2004.
trademark infringement? Explain each.
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UNIVERSITY OF SANTO TOMAS
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DEPARTMENT OF LEGAL MANAGEMENT
j. What are the tests to determine confusing
similarity? Discuss each.
j.1. Discuss Skechers USA, Inc. v. Inter Pacific
Industrial Trading Corp. G.R. No. 164321,
23 March 2011.
j.2. Discuss Philip Morris, Inc. v. Fortune
Tobacco Corp., G.R. No. 158589, 27 June
2006.
j.3. Discuss Berries Agricultural Co, Inc. v.
Norvy Abyadang. G.R. No. 183404, 13
October 2010.
j.4. Discuss Diaz v. People, G.R. No. 180677,
18 February 2013.
J.5. Discuss Etepha v. Director of Patents,
k. What is the doctrine of secondary meaning?
k.1. Discuss Shang Properties Realty
Corporation v. St. Francis Development
Corporation, G.R. No. 190706, 21 July
2014.
l. What names cannot be used as a tradename?
(Section 165.1, RA 8293).
n. Is a tradename protected even without
registration?
n.1. Discuss Coffee Partners, Inc. v. San
Francisco Coffee & Roastery, Inc.
o. What is trademark infringement?
p. What are its elements?
q. What is unfair competition?
r. What are the elements of unfair competition?
p.1. Discuss Superior Commercial Enterprises,
Inc. v. Kunnan Enterprises Ltd. and Sports
Concept & Distributor.
s. What is the penalty for unfair competition?
Page 29 of 36
4. McDonald’s Corporation v.
L.C. Big Mak Burger, Inc., G.R.
No. 143993, 18 August 2004.
5. Lyceum of the Philippines v.
Court of Appeals, G.R. No.
101897, 05 March 1993.
6. Skechers USA, Inc. v. Inter
Pacific Industrial Trading
Corp. G.R. No. 164321, 23
March 2011.
7. Philip Morris, Inc. v. Fortune
Tobacco Corp., G.R. No.
158589, 27 June 2006.
8. Berries Agricultural Co, Inc. v.
Norvy Abyadang. G.R. No.
183404, 13 October 2010.
9. Diaz v. People, G.R. No.
180677, 18 February 2013.
10. Etepha v. Director of Patents,
G.R. No. L-20635, 31 March
1966.
11. Shang Properties Realty
Corporation v. St. Francis
Development Corporation,
G.R. No. 190706, 21 July
2014.
12. Coffee Partners, Inc. v. San
Francisco Coffee & Roastery,
Inc. G.R. No. 169504, 03
March 2010.
13. Superior Commercial
Enterprises, Inc. v. Kunnan
Enterprises Ltd. and Sports
Concept & Distributor, Inc.,
UNIVERSITY OF SANTO TOMAS
THE CATHOLIC UNIVERSITY OF THE PHILIPPINES

DEPARTMENT OF LEGAL MANAGEMENT

Week Sixteen (Intellectual Property Law) G.R. No. 169974, 20 April
a. What is a copyright? 2010.
a.1. Discuss Pearl and Dean v. Shoemart.
b. What is the scope of a copyright under Sec. 172
of RA 8293?
c. What is a derivative work? Read the following cases:
d. What is a publisher’s right?
e. What are the non-copyrightable works under Week 16
Sec. 175 of RA 8293?
1. Pearl and Dean v. Shoemart,
f. What are the rules on copyright ownership
G.R. No. 148222, 15 August
under Section 178 of RA 8293?
2003.
g. What is copyright infringement?
2. ABS-CBN Corporation v.
g.1. Discuss ABS-CBN Corporation v. Gozon, et
Gozon, G.R. No. 195956, 11
al.
March 2015.
h. What are the acts that do not constitute
3. del Rosario v. Court of
copyright infringement under Sec.184 of RA 8293?
Appeals, G.R. No. 115106, 15
i. What is fair use of copyrighted work?
March 1996.
j. What is plagiarism?
4. Godines v. CA, G.R. No.
k. Distinguish plagiarism different from copyright
97343, 13 September 1993.
infringement.
5. Ching v. Salinas, G.R. No.
l. When is reproduction of published work
161295, 29 June 2005.
allowed?
m. When is reproduction by libraries allowed?
n. When is reproduction of a computer
software/program allowed?
o. Define moral rights. What is its scope?
p. What is the term of protection of a copyright?
q. What is a patent?
r. What is the term of protection of a patent?
s. What is a patentable invention?
t. What are the non-patentable inventions?
u. What are the elements of patentability?
v. What is the first-to-file rule?
w. What is patent infringement?
w.1. Discuss del Rosario v. Court of Appeals.

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DEPARTMENT OF LEGAL MANAGEMENT

y. What are the tests to determine infringement?
yx.1. Discuss Godines v. CA.
z. What is a utility model?
z.1. Discuss Ching v. Salinas.
aa. What is an industrial design?
bb. What is the term of protection for a utility
model and an industrial design?

WEEK 17

A. TAKE ONSITE FINAL EXAM

BASIC REFERENCES/RECOMMENDED ANNOTATIONS:

1. Elmer T. Rabuya, Property, (2021 ed.)

2. Ernesto L. Pineda, Law on Property, (2009 ed.)
3. Allan B. Gepty, Intellectual Property Law Compendium, (2019 ed.)
4. Ernesto C. Salao, Essentials of Intellectual Property Law: A Guidebook on RA No. 8293 and Related Laws, (2016 ed.)
5. Hector S. de Leon and Hector M. de Leon, Jr., Philippine Constitutional Law: Principles and Cases, Volume 1 (Rex Book Store, 2017 ed.)

ONLINE ACCESS THE CASE READINGS (SUPREME COURT DECISIONS) AND LAWS:

1. www.lawphil.net
2. www.sc.judiciary.gov.ph
3. cdasia online which may be accessed through each student’s online library accounts

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THE CATHOLIC UNIVERSITY OF THE PHILIPPINES

DEPARTMENT OF LEGAL MANAGEMENT

GRADING SYSTEM

The final grade of each student shall be determined, as follows:

a. Preliminary period grade (50 percent).

a.1. Preliminary examination (40 percent)
a.2. Class standing (60 percent)
a.2.1. recitation Preliminary period grade
a.2.2. summative test (50 percent)
+
b. Final period grade (50 percent). Final period grade
b.1. Final examination (40 percent) (50 percent)
b.2. Class standing (60 percent)
b.2.1. recitation = Final Rating (100 percent)
b.2.2. summative test

Requests for submission of extra work to increase grades will be denied outright. Only those stated above shall operate to serve as basis for a
student’s final rating.

No Transmutation of Grades

All summative test and major examination scores will not be transmuted. Recitation grades will also not be transmuted. The raw score is the
student’s grade.

Rules and rubrics for tests and examinations with essay questions

If an examination or a summative test contains essay questions, answers to essay questions will be graded as follows:

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 UNIVERSITY OF SANTO TOMAS
THE CATHOLIC UNIVERSITY OF THE PHILIPPINES

DEPARTMENT OF LEGAL MANAGEMENT

20-point essay question 15-point essay question 10-point essay question

Correctness and accuracy of Correctness and accuracy of Correctness and accuracy of

factual and legal conclusion factual and legal conclusion factual and legal conclusion
with a precise explanation and explanation and explanation
(16 points) (12 points) (8 points)

+ + +

Written communication skills Written communication skills Written communication skills

and command of English and command of English and command of English
language (4 points) language (3 points) language (2 points)

= 20 Points = 15 Points = 10 Points

The points for written communication skills will only be earned if the student is able give a correct and accurate factual and legal conclusion with
a precise explanation. In other words, wrong answers will not merit any point. Effort is NOT graded. Merely writing answers will not merit any
rating.

An essay answer that only has a conclusion without any explanation will automatically receive a zero.

Dodging recitations and summative tests

Students who are unable to recite and/or take the summative test during a grading period without any valid reason will automatically receive a
rating of 50 for the missed recitation or a raw score of zero for a missed summative test. Validity of a reason is subject (1) to submission of proof
(no falsified documents) and (2) facilitator’s discretion (approval/rejection).

Use of falsified documents is not only a crime but is also a violation of the student handbook. This unlawful act exposes the erring student to
criminal liability (imposed by the State) and to administrative liability (imposed by the University).

Rules and rubrics for graded recitations

Highest rating is 100, while minimum rating is 65. A student who recites and is unable to answer/explain beyond a yes or no or a plain conclusion
of fact or law, will automatically receive a grade of 65 for the recitation.

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 UNIVERSITY OF SANTO TOMAS
THE CATHOLIC UNIVERSITY OF THE PHILIPPINES

DEPARTMENT OF LEGAL MANAGEMENT

During online classes, reciting students must turn on their cameras and microphones.

A reciting student adds percentage points to his/her base grade of 65 percent by giving correct and accurate factual and legal conclusions with a
precise explanation that are delivered clearly with excellent command of the English language during a recitation cycle. A recitation cycle for a
student may last for an entire period of three hours.

See table below:

Base grade
(65 percent)

Correctness and accuracy of

factual and legal conclusion with
precise explanation = Recitation grade (100 percent)
(25 percent)

Oral communication skills and

command of English language
(10 percent)

The points for oral communication skills and command of English language will only be earned if the student is able give a correct and accurate
factual and legal conclusion with precise explanation. In other words, wrong answers will not merit any point. Effort is NOT graded. Merely talking
during recitation does not merit any point.

A student will only have one chance to recite during a grading period. In other words, it is make or break. There will be no middle ground.

Class time is not the time to read. Always come to class prepared. Do not let luck and odds dictate your fate (grades).

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 UNIVERSITY OF SANTO TOMAS
THE CATHOLIC UNIVERSITY OF THE PHILIPPINES

DEPARTMENT OF LEGAL MANAGEMENT

ATTENDANCE POLICY

Maximum number of absences

Given that this is a three-unit subject, UST allows a total of 11 hours of absences for the entire term. Students who exceed the limit will
automatically receive a grade of “FAILED due to absences.”

Students are reminded to check their respective copies of UST’s student handbook for other rules involving grades, absences, examinations,
uniform, and the like.

COURSE POLICIES

1. Attendance shall be checked. The number of absences allowed shall conform to the Faculty’s prescription. Even if excused, the student is
still held responsible for anything missed in class. The instructor must be informed about such predicaments before the lecture starts.
2. Excused absences will not be counted in determining the number of hours a student has been absent in the course.
3. Special tests are automatically given ONLY to missed major examinations.
4. Recitations are always graded.
5. Any student caught cheating or performing any act of dishonesty during a test or examination will automatically receive a grade of zero for
the test without prejudice to administrative action before the University’s property authorities.
6. Academic correspondences with the instructor, especially on issues such as grades, late submissions, etc. should be made by the student
himself, and without any proxy.
7. The provisions of the Student Handbook shall always apply.

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UNIVERSITY OF SANTO TOMAS
THE CATHOLIC UNIVERSITY OF THE PHILIPPINES

DEPARTMENT OF LEGAL MANAGEMENT

Prepared by:

ATTY. TEODORO LORENZO A. FERNANDEZ, LL.M

Course Facilitator

Approved by:

ATTY. JACQUELINE O. LOPEZ-KAW, DCL.

Acting Dean, Faculty of Arts and Letters

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