National Public Hearing Consultation On The Proposed Policies Standards and Guidelines For Bachelor of Science in Legal Management Program 2
National Public Hearing Consultation On The Proposed Policies Standards and Guidelines For Bachelor of Science in Legal Management Program 2
National Public Hearing Consultation On The Proposed Policies Standards and Guidelines For Bachelor of Science in Legal Management Program 2
In accordance with the pertinent provisions of Republic Act (RA) No. 7722, otherwise known as
the “Higher Education Act of 1994,” in pursuance of an Outcomes-based Education (OBE)
approach and typology-based quality assurance system as advocated under CHED
Memorandum Order (CMO) No. 46, series of 2012, and by virtue of Commission en banc
Resolution No. ___________ dated __________________ ,the following policies,
standards and guidelines (PSGs) are hereby adopted and promulgated by the
Commission.
ARTICLE I
INTRODUCTION
Section 1. Rationale
The legal and regulatory environment of business has changed at a very rapid
pace in the past decades and will continue to evolve in the twenty-first century
characterized by stronger advocacy on corporate governance, ethical standards
and social responsibility, expanded use of the internet and globalization, including
the AEC 2015 integration which will have direct impact on the government,
industry and education sectors of the 10-member ASEAN countries. This has
resulted to organizational transformation and shift to new business models such as
e-commerce, e-contracts, international trade and agreements, including
environmental laws and protocols.
Thus, contemporary legislations and regulations were introduced for more worker
and consumer protection, combat cyber crimes, deal with worker migrations and
compliance from states imposed by their respective governments on their
individual industries.
HEIs particularly business schools, must take the center stage in meeting their
primordial goal of bridging industry needs and the academe, by helping their
student-graduates, who will be future employees, executives and/or
entrepreneurs with the understanding and keeping in the forefront of their decision
process, how ethics, social responsibility and the law apply to the business world.
Based on the Guidelines for the Implementation of CMO 46 s 2012, this PSG
implements the “shift to learning competency-based standards/ outcomes-based
education.” It specifies the ‘core competencies’ expected of Bachelor of Science in
Legal Management graduates “regardless of the type of HEI they graduate from.”
However, in “recognition of the spirit of outcomes-based education and… of the
typology of HEIs,” this PSG also provides “ample space for HEIs to innovate in the
curriculum in line with the assessment of how best to achieve learning outcomes in
their particular contexts and their respective missions…”
ARTICLE II
AUTHORITY TO OPERATE
ARTICLE III
GENERAL PROVISIONS
Per Section 13 of RA No. 7722, the higher education institutions shall exercise academic
freedom in its curricular offerings but must comply with the minimum requirements for specific
academic programs, the general education distribution requirements and the specific
professional courses.
Section 3. The Articles that follow give minimum standards and other requirements and
prescriptions. The minimum standards are expressed as a minimum set of desired
program outcomes which are given in Article IV Section 6. The curriculum was
designed to attain such outcomes. This curriculum is shown in Article V Section 8
as a sample or model curriculum. The number of units of this curriculum is here
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prescribed as the “minimum unit requirement” under Section 13 of RA 7722. In
designing the curriculum a curriculum map was employed which is shown in Article
V Section 9 as a sample or model curriculum map.
Based on the curriculum and the means of its delivery, the physical resource
requirements for the library, laboratories and other facilities and the human
resource requirements in terms of administration and faculty were determined.
See Article VI.
Section 4. The HEIs are allowed to design curricula suited to their own contexts and missions
provided that they can demonstrate that the same leads to the attainment of the
required minimum set of outcomes, albeit by a different route. In the same vein,
they have latitude in terms of curriculum delivery and in terms of specification and
deployment of human and physical resources as long as they can show that the
attainment of the program outcomes and satisfaction of program educational
objectives can be assured by the alternative means they propose.
The HEIs can use the CHED Implementation Handbook for Outcomes-Based
Education (OBE) and the Institutional Sustainability Assessment (ISA) as a
guide in making their submissions for Sections 16, 17 and 18 of Article VII.
These PSGs are based on the existing 10-year basic education system and on the
existing GE program. They reflect the reform towards outcomes-based education
but not the K12 Reform. The latter shall be addressed subsequently.
ARTICLE IV
PROGRAM SPECIFICATIONS
The purpose of this multifaceted program is to develop the study of law within a
business-management framework and to explore the myriad ways in which law
is connected with other management disciplines pertinent to an understanding of
contemporary business and society. The student is given two options as field of
concentration: General Management and Law.
Thus, this program is an excellent preparatory course for a four-year law proper
studies (Bachelor of Laws (LLB)/ Juris Doctor(JD ), or a pathway to graduate
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studies in business and management such as MBA and allied disciplines in
social sciences such as MA/MS Applied Economics and MA in Public
Administration (MPA).
c. appreciate the Paralegal role in the organization and the Legal and
regulatory environment of Business.; and how they can make meaningful
contributions as a strategic partner in building the organization to become
globally competitive.
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Senior-Top Management
25. General Manager (after at least 10 years of experience/ and /or
finishing graduate studies e.g MBA )
26. Vice President-Human Resource Division
27. Vice President-Administration
28. CEO/President of a private/profit-oriented firm
29. Managing Director /President of an NGO, government
owned or controlled corporation (GOCC)
30. Managing Partner of a law firm (after obtaining an LLB/J.D
degree)
31. Business Entrepreneur-Owner
32. School Administrator (Dean/VP)
The minimum standards for the BS Legal Management program are expressed in
the following minimum set of learning outcomes:
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e. Effectively and efficiently use information and communication technology
(ICT)
f. Work well with others
g. Manage people and offices
h. Lead groups and initiate activities
i. Demonstrate corporate citizenship and social responsibility, and exercise
high personal moral and ethical standards
Graduates of State Universities and Colleges (SUCs) in addition, must have the
competencies to support “national, regional and local development plans.” (RA
7722).
A PHEI, at its option, may adopt mission-related program outcomes that are not
included in the minimum set.
(Please see performance indicators and its corresponding specific knowledge, skills and
attitudes in Annex B)
ARTICLE V
CURRICULUM
The BSLM is also an excellent preparatory program for further graduate studies in
law/Juris Doctor (LLB/JD) or MBA and MPA and covers a balance treatment of
functional areas in human resource management, marketing, finance, operations and
economics , business law and all aspects of the legal environment of business. It also
broadens the graduate’s knowledge and skills in both local and international business
environment.
It is composed of 116 units for aligned SHS graduates or 131 units (additional 15
units of Bridging Program for non- academic-ABM- strand graduates), including the
required General Education Curriculum (GEC), and covers all major areas required by
the business and legal management profession such as:
Minimum Units
Courses
Prescribed
1. General Education (GE) Courses 36
2. NSTP (1 & 2) 6
3. Physical Education (PE) courses (PE1,2,3 & 4) 8
Sub-total 50 units
Minimum Units
Courses
Prescribed
4.Common Business and Management Courses
(CBMEC)
Operations Management (TQM) (3)
Strategic Management (3) 6
6.Business and Management Education Core (BMEC) 15
7. Professional (Legal Management) Core 21
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8. Specialization-Concentration -Track Electives
Concentration 1: General Management (18)
Concentration 2: Law (18)
Concentration 3: Student-constructed (18) 18
9. Integration Course: Capstone Project or Thesis (3)
10.Internship (320 hrs) (3) 6
Sub-total 66
Total ,including GE, NSTP and PE (ABM Strand) 116 Units
The subjects under the General Education (GE) Courses are as per CHED
Memorandum No. 20 series of 2013.
This curriculum is vertically aligned with the ACADEMIC TRACK -Accounting and
Business Management (ABM) strand of the senior high school (SHS) PROGRAM.
For students who did not take the Academic Track-ABM Strand in their Senior High
School, HEIs should offer bridging courses such as the specialization courses in K-
12 ABM strand, but not limited to said courses to make them at par with those who
have taken the ABM academic strand and comply with K-12 requirements. These
should be offered and distributed in the first and second year levels of the BSLM
curriculum together with the GEC and made as pre-requisite and/or co-requisites for
the CBME and BMEC courses. (refer to Sample Model Curriculum)
For BS Legal Management, the minimum requirement for this Bridging Program
shall be 15 units of the following courses:
New program offerings under Business and Management cluster (allied) must offer
the 6 units common business and management courses.
The HEIs may be allowed to credit subjects /course taken by students abroad
provided they have the same required number of units and course description.
These courses can significantly prepare the students as they transition from
senior high school to tertiary education and pursue professional level of
education. This component of business administration education is
purposefully designed to strengthen four (4) important learning outcomes or
competencies:
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Communication skills – Ability to write and speak clearly and
persuasively, gather evidence and construct a coherent argument; shape
speech and writing to the nature of one’s audience.
This foundation will enable students to make decisions in the larger context of
society, to exercise good judgment and professional competence, to interact
with diverse groups of people, to think globally, and to begin the process of
professional growth. The acquisition of these skills is more important than the
way in which they are learned.
Minimum Units
Courses
Prescribed
1. General Education (GE) Courses 36
2. NSTP 6
3. Physical Education (PE) courses 8
Total 50 Units
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Technology)
11. GE Elective 2 (Social Science and Philosophy) 3 - 3
12. GE Elective 3 ( Arts and Humanities) 3 - 3
TOTAL GE Units 35 1 36
For BSLM, the recommended GE electives which are closely aligned to legal studies and the
design of this Curriculum are:
These courses cover all the major functional areas of business, and provide the
foundational knowledge of the environment and the context in which a graduate of
BSLM work. This will complete the functional areas of business started in Senior High
School (ABM Strand).
These courses consist of the four functional areas of business. A student of business
and management (including allied fields such as legal management) has to have basic
knowledge on these four functional areas.
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9.4 Professional / (Legal Management Core)-PLMC Courses
The following are the professional courses of the BSLM curriculum. These courses lay
the fundamental concepts that every legal management student has to know in the field
of business and legal studies.
These courses must be offered separately and independent from the law school
(LLB/JD) Program of the PHIE, if any, since the curriculum design and conduct of these
legal management core and specialized courses is from a managerial perspective
(combination of legal principles and practices, business ethics and corporate social
responsibility).
HEIs may enhance the curriculum by providing electives based on the vision and
mission of the college or school.
A school may offer other electives that may help a student pursue specialization. The
BSLM has three options as field of specialization or concentration : Track 1- General
Management ,Track 2- Law and Track 3- Student-Constructed.
This track is ideal for those who choose to go directly to law school which likewise
provides complete courses in business law and the legal and regulatory environment of
business , which are excellent foundation courses in law. This track may also be
preferred by those who want to gain a more comprehensive knowledge on
contemporary developments in the legal and regulatory environment of a business
enterprise in the private and public environments such as international laws, trade and
agreements, laws on public utilities and contemporary legislations, real estate laws and
human rights.
In this track, the student is given the option to construct a bundle of electives of his/her
interest under an interdisciplinary scheme, by choosing professional core and elective
courses offered in any of the Business & Management Education (BME) Programs i.e
BSBA and allied programs e.g. BS Public Administration, BS Customs Administration,
BS Accountancy and BS Hospitality and Tourism Management (subject to pre-
requisite requirements).
These courses enable the senior student to apply and integrate classroom learning in
two ways: a) through field immersion in industry and ;b) through a capstone project
(strategy , management paper or thesis) . The graduating senior student will be able to
exhibit the immediate outcomes of the BS Legal Management Program through these
integration courses and activities consistent with the main purpose of CMO 42, Series
2012.
Students in the program shall render a minimum of 300 hours. (preferably during
the summer term for continuity and integration). A faculty adviser -coordinator
will provide an orientation to the student-interns arrange internship placements
and opportunities, monitor students’ progress, assess their performance and
give the final mark. The OJT/Field or Internship Program may be integrated or
aligned with the Research/Capstone Project using applied /action research or
case study design method.
FIRST YEAR
1st Semester
Courses Type Lec Lab Units
2nd Semester
Courses Type Lec Lab Units
GE 4 Readings in Philippine History GE 3 3
GE 5 Understanding the Self GE 3 3
GE-Elect 1 Math, Science and Technology GEE 3 3
(Advanced Computer Applications (Web-
Technology) for Legal Management
BMEC 3 Law on Income Taxation BMEC 3 3
BMEC 4 Business Law (Obligation & Contracts) BMEC 3 3
PE 2 Philippine Folk & Contemporary Dances PE (2) 2
NSTP II NSTP (3) 3
Provision for bridging course (non-ABM) BP
Credit (non-credit) 15(5) 15(5)
Sub-Total units 20 20
SECOND YEAR
First Semester
Courses Type Lec Lab Units
GE- 6 Arts and Appreciation GE 3 3
GE 7 The Contemporary World GE 3 3
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Second Semester
Courses Type Lec Lab Units
(GE Elect2 ) Social Science & Philosophy GEE 3 3
(Human Behavior in Organizations/ International
Economics)
GE 8 Ethics GE 3 3
GE 9 Rizal’s Life and Works GE 3 3
(GE Elect 3) Arts and Humanities (Speech GEE 2 1 3
w/Argumentation and Debate)
Prof Core 1 Law on Business Organizations PLMC 3 3
(Partnership and Corporation)
PE 4 Team Sports (2) - (2)
Provision for bridging course (non-ABM)
14(2) 1 15(2)
Sub Total 16 1 17
THIRD YEAR
First Semester
Courses Type Lec Lab Units
Prof Core 2 -Retail Trade Laws & Consumer PLMC 2 1 3
Act with E-Commerce Law
Prof Core 2- Law on Business Transactions PLMC 3 3
(Sales, Negotiable Instruments an Credit
Transactions))
Prof Core 4 Law on Business and Transfer Tax PLMC 3 3
Prof Core 4 -Law on Business Protection PLMC 2 1 3
(Property and Intellectual Property Rights)
Prof Core 5 Labor Laws & Social Legislations PLMC 3 3
Sub Total 14 1 15
Second Semester
Courses Type Lec Lab Units
Spec-Elective 1 PLME 3 3
Spec-Elective 2 PLME 3 3
Spec-Elective 3 PLME 3 3
Spec-Elective 4 PLME 3 3
Spec-Elective 5 PLME 3 3
Sub Total 15 15
FOURTH YEAR
First Semester
Courses Type Lec Lab Units
Spec-Elect 6 PLME 3 3
CBMEC 2 Strategic Management CBME 3 3
Sub Total 6 6
Second Semester
Courses Type Lec Lab Units
Integrat.1 (OJT) (320 hours) IC 1 2 3
--- Corporate (Business/Industry) ( 160 hours
----Legal Internship (Regulatory Agencies) 160
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hours
Integrat.2- Capstone Project ( Strategic IC 1 2 3
Management Paper/Thesis )
Sub Total 2 4 6
Grand Total, units (ABM Track) 134
6.2.2
6.2.3
6.2.4
6.2.5
6.2.6
6.2.7
6.2.8
6.2.9
62.1
Operations Management
P P L P P P P P P
(TQM)
Strategic Management
L P P P P P P P P
The following Professional Legal Management Core (PLMC) Courses are mapped against the
BSLM POs:
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Program Outcomes (PO) a b c d e f
Prof Legal Management Core
1. Labor Laws L L P O L O
2. Law on Business Organizations
(Partnership and Corporation) L L P O L O
3. Law on Taxation (business, and transfer
L L P O L O
Tax
4. Law on Business Transactions (Sales,
Agency, negotiable instruments and credit L L P O L O
transactions)
5. Business Protection Laws (Laws
on Property & Intellectual L L P O L O
Property Rights)
6.Retail Trade and Consumer Act
including e-Commerce Law L L P O L O
7. Legal Research L L P O L O
Pursuant to CMO 42, Series 2012 mandating for a shift towards an OBE Approach
and Typology-Based QMS , HEIs must adopt learner-centered teaching
methodologies, many of which are listed and defined below:
11.7 Literature Review - Students read and reflect on articles in the professional
journals in order to become familiar with the current research.
11.9 Case Study /Discussion Method - An open ended story or case study
provides a vehicle for analysis, criticism, and reaching conclusions.
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11.11 Case Analysis/Problem Solving - Problems common to a discipline are
integrated in scenarios to allow students to strengthen creative and critical
thinking. Problem solving is the most independent of learning methods that
empowers the students to initiate their own learning.
The learner sequences action steps that will lead to the correct solutions.
The teacher therefore must assume the role of the facilitator, and be
prepared to provide students with feedback rather than solutions
11.12 Simulation
a. Computer-based - Interactive: Computerized model or scenario.
b. Role Plays - Students assume one of the characters in a simulated
situation in order to experience different points of view or positions.
11.13 Role-Play
Each student takes the role of a person affected by an issue and studies
the impacts of the issues on human life and/or the effects of human
activities on the world around us from the perspective of that person. More
rarely, students take on the roles of some phenomena, such as part of an
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ecosystem, to demonstrate the lesson in an interesting and immediate
manner.
The instructor needs to decide the context for the exercise and the role(s)
that the students will play. If the students are taking human roles, the
context is generally a specific problem such as global warming or dealing
with an active volcano.
11.17 Podcasting
a. Audio: Using mp3 compression to make audio files small enough to be
broadcast, downloaded, or emailed by instructors and students. Files
may include lectures or verbal feedback regarding assignments.
b. Enhanced: Combining images, such as PowerPoint, and audio, such as
instructor voice over, which are compressed and viewable on a
computer or photo/video iPod.
c. Video: Digital video, such as classroom lectures or interviews with
experts, which are compressed and viewable on a computer or video
iPod.
Section 12. Sample Syllabi for Selected Core Courses (Please see annex A)
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Section 13. Curriculum Standards
ARTICLE VI
REQUIRED RESOURCES
The minimum qualifications of the head of the unit that implements the degree
program are the following:
a. Qualifications
The Dean/ Director/Department Chair/Program Coordinator of the
program should possess the following minimum qualifications:
1. A Filipino citizen;
2. Holder of a Bachelor’s degree and a relevant Master’s degree or
a member of the Integrated Bar of the Philippines (IBP)
3. At least five (5) years academic-teaching experience at the
tertiary level or at least five (5) years experience in administrative
or supervisory capacity in an educational institution, law practice
or a business organization, or a government or non-government
institution.
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faculty status appointment) as defined in the Manual of Regulations on
Private Education (MORPE).
c. Teaching Load
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e. Additional requirements for faculty prescribed by CMO 42, Series 2012
for a specific typology of an HEI (Professional Institute, College or
University) must be followed.
17.4 Facilities for support services such as health, guidance and employment
/placement services may be shared with other units of the school.
ARTICLE VII
COMPLIANCE OF HEIs
Using the CHED Implementation Handbook for OBE and ISA as reference, a HEI shall
develop the following items which will be submitted to CHED when they apply for a permit for a
new program or the approval of the transformation of existing programs to outcomes-based
framework:
Section 18. The complete set of program outcomes, including its proposed additional
program outcomes.
Section 19. Its proposed curriculum, and its justification including a curriculum map.
Section 20. Proposed performance indicators for each outcome. Proposed measurement
system for the level of attainment of each indicator.
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ARTICLE VIII
TRANSITORY, REPEALING and EFFECTIVITY PROVISIONS
All HEIs, including SUCs and LUCs, with existing authority in BS Legal
Management, AB Legal Management and BSC major in Legal Management and
other similar programs and degrees shall be given a three (3)-year grace period to
comply with these policies and standards. However, the prescribed minimum
curricular requirements in this CMO shall be implemented starting Academic Year
2018-2019.
Any provision of this Order, which may thereafter be held invalid, shall not affect
the remaining provisions.
All CHED issuances or parts thereof inconsistent with the provision in this CMO
shall be deemed modified or repealed
This CMO shall take effect fifteen (15) days after its publication in the Official
Gazette or in a newspaper of general circulation. This CMO shall be implemented
beginning Academic Year 2018-2019.
.
Annexes:
Annex A- Sample Syllabus
Annex B – Competencies and KSAs
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COMMISSION ON HIGHER EDUCATION
Course Methodology:
These course descriptions for core and specialized courses are designed specifically
for the BSLM program which aims to develop managers of the twenty-first century
who
have working knowledge of law, business and society from a perspective of
corporate
leadership and good governance with due regard to the rights and welfare of all
stakeholders of an organization (profit, non-profit or NGO).
These law subjects can provide graduates with a competitive advantage in the
increasingly complex business environment, in particular the impact of local and
foreign laws and regulations on the firm. Selected applicable and recent
jurisprudence are assigned and discussed as a group so that students can discuss
the facts and context of the case ,the rationale of the law and the decision of the
court and the impact of the decision on the firm.
This is tested inside the classroom through a combination of the “socratic-/individual
recitation method” and Case Analysis Approach (Harvard Method) ; taking into
consideration the legal, ethical and managerial perspectives, from the context of the
decision-maker (manager).
Course Description
1. Business Law (Obligations and Contracts)
The purpose of this course is to study the nature, kinds and effect of
obligations, and their extinguishment; contracts in general, their requisites,
form and interpretation; and defective contracts, including quasi-contracts,
natural obligations, estoppel, and prescription. Specific subjects and topics on
Part I: Obligations include its elements, natural obligations, sources of
obligation, classification, natural effects, Usurious transactions, kinds of
obligations and extinguishment of obligations. For Part II: contracts, topics
include Concept and definition, classification, characteristics, requisites, forms
and interpretation of contracts and reformation of instruments . Specific
examples of obligations and contracts are to be presented, examined and
discussed in the class.
Pre-requisite: None
Pre-requisite: None
8. Legal Research
The course is an introduction to legal research methodology which is
designed to provide an overview of the Philippine Legal System as sources of
research framework, issues and authorities as well as of the fundamental
concepts, principles and theories of legal research, as appropriately guided by
the Manual of Legal Citation, the Manual of Judicial Citations, and the
Publication Manual of the American Psychological Association. It also
includes a discussion of principles and legal aspects of academic honesty in
research. This course will also introduce the student into the legal writing
techniques; as it involves applied legal bibliography, case digesting and
reporting analysis, legal reasoning and preparation of legal opinions or
memoranda.
Pre-requisite: none
12. Retail Trade Laws and Consumer Act (with e-Commerce Law)
This course is a study of R.A. 8767 or the “Retail Liberalization Act of 2000. It
deals with the study on the specific details of the law prioritizing the consumer
welfare and attracting potential investors in the retail industry in the
Philippines. The emphasis of this course is on how this law impacts local
retailers particularly the consumer rights. The course also discusses specific
provisions on e-commerce and its implications on retailers and consumers.
13. Criminal Law, Business & Cyber Crimes and Torts in the Business
Environment
This course consists of three parts: First is a brief examination into the
characteristics of criminal law, the nature of felonies, stages of execution,
circumstances affecting criminal liability, persons criminally liable; the extent and
extinction of criminal liability as well as the understanding of penalties in criminal
law, their nature and theories, classes.
The second part deals with Cyber Crimes (also know as white-collar crimes)
including e-commerce, particularly on the nature of crimes committed on “on-line
transactions” (internet/web) ;while the Third part is a study and appraisal of
specific felonies penalized in Book II of Revised Penal Code, as amended, their
nature, elements and corresponding penalties, including Cyber Crimes and a
study on Torts ; which is an analysis of the law on quasi-delicts as well as the
nature, classes and extent of damages.
Pre-requisite: Obligation and Contracts.
The course is a study on the development of the law and the various
principles used by administrative agencies in the performance of their
functions. It focuses principally on the powers exercised by an administrative
agency, namely: investigatory, rule-making and adjudicatory, as provided in
the Revised Administrative Code of the Philippines, and the availability of
judicial relief. The course subjects and topics include how Administrative
agencies act, Administrative agencies under the 1987 Philippine Constitution,
Principles of Administrative Law, Judicial Review of Agency Actions, Decision-
making powers of Agencies, Agency’s rules and procedures, Obtaining
Documents from an Agency.
The course is a study on public utilities which includes the general principles
and basic regulations governing common carriers by land, sea, and air.
Specifically, it examines the laws relevant to transportation of goods and
passengers by land, sea, and air, for compensation, as well as the relevant
cases that establish the obligations and liabilities of the common carriers to
owners of goods and passengers.