ADAMSON UNIVERSITY COLLEGE OF LAW REMEDIAL LAW REVIEW II SY 2011-2012, 1st semester Students name:______________________________ ID No.

________________________ Section:_______________ Class Days: Monday Time and Venue: 6.00 pm 9.00 pm PROFESSOR: GUILLER B. ASIDO, Ll. M. Email : attyguiller@yahoo.com.ph II. TEACHING PHILOSOPHY AND OBJECTIVES:

My objective in teaching is not merely to let the students understand the fundamental concepts of the law, its rudiments and procedures , but more importantly to empower them to appreciate it as an effective tool for social transformation. II. CLASSROOM RULES:

The teaching of the law requires not only its appreciation but also its observance. Thus, I shall oblige and remind students of their compliance with the rules of the College. As mentor, I shall also set an example by conforming to the rules of conduct required of Faculty Members in the College. Class attendance shall be strictly monitored, consistent with the rules of the college. III. SYLLABUS REMEDIAL LAW REVIEW II COURSE DESCRIPTION: This course shall involve the review of the various laws and legal principles on Special Proceedings, Criminal Procedure, Evidence, Revised Rules on Summary Procedure, Rules of Procedure for Small Claims, and for Environmental Cases. The course will also involve an An Analysis of Supreme Court Decisions on the same subjects covering the period of 20102011.

ADAMSON UNIVERSITY COLLEGE OF LAW COURSE OBJECTIVES: At the end of the course, the students will be able to: (1.) Know and recall the various laws and legal principles in Special Proceedings, Criminal Procedure, Evidence, Revised Rules on Summary Procedure, Rules of Procedure for Small Claims, and for Environmental Cases. (2.) Understand and recall a specific law or legal principle in Special Proceedings, Criminal Procedure, Evidence, Revised Rules on Summary Procedure, Rules of Procedure for Small Claims, and for Environmental Cases. by relating the law , legal principle and jurisprudence to specific situations (3.) Analyze hypothetical cases or problem, to determine the applicable law, legal principle and jurisprudence and to reach a conclusion or opinion.

TEACHING METHODOLOGY I shall adopt the Socratic method as the principal form of teaching. This method will develop critical thinking among the students. In parallel with the Socratic method, there will also be lecture presentations on certain topics. I intend to make full use of existing technologies to achieve a level of learning experience to be able to communicate well with my students. COURSE CALENDAR Note: The Professor reserves the right to modify the scheduled activities per meeting as circumstances may warrant (i.e.,unexpected suspension of classes, illness or absence due to official business) with due notice to the students and the department administration.

DURATION Week 1

TOPICS Discussions on Course Description Settlement of Estate of Deceased Persons, Venue and Process Extrajudicial Settlement of Estates, when allowed; Prescriptive Period; Summary settlement of estates of small value and

EXPECTED ACTIVITY Lecture/Recitation

ADAMSON UNIVERSITY COLLEGE OF LAW remedies of aggrieved parties after extra-judicial settlement of estate Production and Probate of Will; Nature; Persons who may file and Notice Requirement Allowance or Disallowance of Will; Contents; Grounds for disallowance and rules on reprobate; Effects of Probate Letters Testamentary and Administration; To whom granted; Order of Preference; Opposition to Issuance. Powers and Duties of Executors and Administrators; Order of Preference; Opposition to Issuance of Letters Testamentary; Appointment of Special Administrator and Grounds for Removal of Administrator Claims against the Estate; Time to file claims and exceptions; Statute of Nonclaims; Claims against the estate by executor and administrator; Payment of Debts Actions by and against Executors and Administrators; Requisites for creditor to bring an action for recovery of property fraudulently conveyed by decease. Distribution and Partition; Rules on Liquidation;

Week 2

Lecture/Recitation

Week 3

Lecture/Recitation

ADAMSON UNIVERSITY COLLEGE OF LAW Partition; Remedy of an heir entitled to residue but not given his share; Instances when probate court may issue writ of execution. Trustees; Distinguished from executor and administrator; Conditions of the Bond; Requisites for the removal and resignation of trustee; Extent of authority of trustee Escheat; When to file; requisites for filing; remedies against petition and period for filing a claim. Guardianship; General powers and duties of guardians; conditions of the bond; Rules on Guardianship over minor Adoption; Distinction between domestic and inter-ccountry adoption; Rules on domestic and inter-country adoption Writ of Habeas Corpus; Contents of the petition and return; Distinction between peremptory writ from preliminary citation; When not proper/applicable; When writ should be disallowed or discharged; Distinction between Writ of Habeas Corpus from Amparo and Habeas Data; Supreme Court Rules on Custody of Minors and Writ of Habeas Corpus in relation to

Week 4

Lecture/Recitation

ADAMSON UNIVERSITY COLLEGE OF LAW custody of minors The Rules on Writ of Amparo; Procedure; Quantum of Proof required Writ of Habeas Data; Scope; Coverage; Rules of Procedure and Quantum of Proof required Change of Name; Grounds; Difference of Rules of Court and Republic Act 9048 on change of name Absentees; Purpose and who may file Cancellation or corrections of entries in the civil registry under Rule 108 of the Rules of Court in relation to RA 9048 CRIMINAL PROCEDURE General Matters (Jurisdiction/Requisities/Gr ounds when injunction may issue to restrain criminal prosecution) Prosecution of Offenses; how instituted; Who may file; When enjoined; Control of Prosecution; Sufficiency of complaint or information; Designation of Offense; Cause of Accusation; Duplicity of Offense; Amendment or substitution of complaint or information; Venue and Intervention of Offended Party Prosecution of Civil Action; Rules and Remedies; Prejudicial Question and Rule on Fiing Fees in civil

Week 5

Lecture/Recitation

Week 6

Lecture/Recitation

ADAMSON UNIVERSITY COLLEGE OF LAW action deemed instituted with the criminal action Preliminary Investigation; Nature of the Right; Purposes;Who may conduct; Resolution and Review; When warrant of arrest may issue; Cases not requiring a preliminary investigation; Remedies of accused and Inquest Arrest; how made; methods; requisites; Determination of probable cause for issuance of warrant of arrest; Judicial Determination of Probable Cause Bail;Nature; When as a matter of right; exceptions; When as a matter of discretion; Hearing of application for bail in capital offenses; Guidelines in fixing determination; When not required; Rules on forfeiture and cancellation; Rules on Hold Departure Order and Watch List of DOJ The Rights of the Accused at trial and custodial investigation Arraignment and Plea; When plea of not guilty entered; Plea of guilt to a lesser offense; Searching Inquiry; Improvident Plea; Grounds for suspension of arraignment Motion to Quash; Grounds; As distinguished from Demurrer to Evidence; Effect of sustaining Motion

Week 7

Lecture/Recitation

Week 8

Lecture/Recitation

ADAMSON UNIVERSITY COLLEGE OF LAW to Quash; Exception to the Rule that sustaining motion is not a bar to further prosecution; Double Jeopardy and Provisional Dismissal Rules on Criminal Pre-Trial Proceedings; Matters to be considered; Pre-Trial Agreement; Nonappearance during pretrial;Pre-Trial Order; Referral of cases for court annexed mediation and judicial dispute resolution Trial; When presence of accused is required; Requisites before trial can be suspended on account of absence of witness; Trial in absentia; Remedies when accused is not brought to trial within the prescribed period; Requisites for discharge of accused to become a state witness; Effects of discharge; and Demurrer to Evidence Week 9 Week 10 MID TERM EXAMINATION Judgment; Requisites; Rules on Promulgation New Trial or Reconsideration; Grounds; Requisites; Effects; The application of the Neypes Doctrine Appeal; Effects; Where to appeal; How taken; Grounds for Dismissal Lecture/Recitation Lecture/Recitation

ADAMSON UNIVERSITY COLLEGE OF LAW Rules and remedies on Search and Seizure Week 11 Provisional Remedies EVIDENCE General Principles; Concepts; Scope; Difference between evidence requirement in criminal and civil cases; Proof versus Evidence; Factum Probans versus Factum Probandum; Rules on Admissibility Burden of Proof and Burden of Evidence Presumptions; Conclusive and Disputable Liberal Construction of the Rules on Evidence Quantum of Evidence (Weight and Sufficiency); Proof beyond Reasonable Doubt; Preponderance of Evidence; Substantial Evidence and Clear and Convincing Evidence Judicial Notice and Judicial Admissions; What need not be proved; Matters of Judicial Notice; Judicial Admissions; Judicial Notice of Foreign Laws, laws of Nations and Municipal Ordinances Rules on Documentary Evidence Rules on Electronic Evidence Rules on parol evidence rule Lecture/Recitation

Week 12

Lecture/Recitation

Week 13

Lecture/Recitation

ADAMSON UNIVERSITY COLLEGE OF LAW Rules and remedies on Authentication and Proof of Documents Rules on Testimonial Evidence Rules on Examination of Witnesses Admissions and Confessions The Hearsay Rule Week 15 The Opinion Rule Rules on Character Evidence in Criminal and Civil Cases Rules on Examination of a Child Witness Week 16 Offer and Objection Revised Rules on Summary Procedure Rules on procedure for small claims Rules of Procedure for Environmental Cases Review of Supreme Court Decisions on Remedial Law 2010 and 2011 Review of Supreme Court Decisions on Remedial Law 2010 and 2011 FINAL EXAMINATION Lecture/Recitation Lecture/Recitation

Week 14

Lecture/Recitation

Week 17

Lecture/Recitation

Week 18 Week 19

Lecture/Recitation Lecture/Recitation

GRADING SYSTEM: The College requires professors to evaluate each students scholastic performance by giving a midterm grade and a final grade to be computed as follows: 1. Preliminary Grade Computation:

ADAMSON UNIVERSITY COLLEGE OF LAW Basis a. Class Standing (which considers quizzes, papers, recitations and other course requirements given during the prelims only) b. Mid Term Examinations MIDTERM GRADE 2. Final Grade Computation: Basis a. Mid Term Grade 20% b. Class Standing (which considers all quizzes, recitations and other 50% course requirements given during the pre-final term) c. Final Examinations 30% FINAL GRADE 100% Weight Weight 60%

40% 100%