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Republic of the Philippines

Bulacan State University


City of Malolos, Bulacan

Office of the Dean of Instruction


COURSE SYLLABUS
SUBJECT
First Semester, AY 2018 -2019

COLLEGE: Criminal Justice Education DEPARTMENT: Legal Management


COURSE CODE : BLW 423
Sales, Agency, Labor Law, and Other Commercial Laws
FACULTY : Atty. Regina DC. Tanalgo
CONSULTATION HOURS: 3 Hours

COURSE DESCRIPTION:

This course is BLW 423 otherwise known as Sales and Agency, Labor Law
and other Commercial Laws. This is about the following concepts and provisions
of law:

LABOR LAW
A. Declaration of Principles
a. 1987 Constitution
i. Section 9, Article II
ii. Section 18, Article II
iii. Section 20, Article II
iv. Section 3, Article XIII
b. Labor Code
i. Article 3
B. Construction in Favor of Labor
a. Article 4, Labor Code
C. Employer-Employee Relationship
a. Four-fold test
b. Two-tiered test
D. Kinds of Employment
a. Regular
b. Non-regular
i. project
ii. seasonal
iii. casual
iv. fixed-term
v. probationary
E. Termination from Employment (Labor Code and D.O. 147-15)
a. Substantive Aspect
i. Just Causes
Serious Misconduct
Willful Disobedience or Insubordination

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Gross and Habitual Neglect of Duties
Fraud or Willful Breach of Trust
Loss of Confidence
Commission of a Crime
Analogous Causes
ii. Authorized Causes
Installation of Labor-Saving Devices
Redundancy
Retrenchment or Downsizing
Closure or Cessation of Operation
Disease

b. Procedural Aspect

F. Labor Standards
a. Coverage and Exclusions
b. Overtime Pay
c. Night Shift Differential Pay
d. Rest Day Pay and Rest Day Premium Pay
e. Holiday Pay and Holiday Premium Pay
f. Service Charge
g. Minimum Wage
h. Leaves

SALES
A. Contract of Sale
B. Contract to Sell
C. Option Contract
D. Option Money vs. Earnest Money
E. Capacity to Buy or Sell
F. Effects of the Contract when the Thing Sold Has Been Lost
G. Obligations of the Vendor
H. Delivery of the thing Sold
I. Conditions and Warranties
J. Obligations of the Vendee
K. Actions for Breach of Contract of Sale of Goods
L. Recto Law
M. Maceda Law
N. Condominium Act
L. Extinguishment of Sale

LAW ON CREDIT TRANSACTIONS


A. Loan
B. Deposit
C. Guaranty and Suretyship
D. Pledge, Mortgage, and Antichresis

AGENCY

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A. Nature, Form, and Kinds of Agency
B. Obligations of the Agent
C. Obligations of the Principal
D. Modes of Extinguishment of Agency

LAWS ON BUSINESS TRANSACTIONS

A. General Banking Law


a. Banks Covered
b. Capital Structures of Banks and Quasi-Banks
B. New Central Bank Act
a. State Declared Policy
b. BSP’s Primary Objectives and Roles
c. Monetary Board
d. Conservator, Receivership, and Liquidation
C. PDIC Law
a. Insurable Deposits
b. Maximum Liability
c. Requirements for Claims
D. Secrecy of Bank Deposit Act
a. Operative Provisions
b. Other Laws Promoting Policy of Secrecy of Bank Deposits
c. Exceptions to the Secrecy of Bank Deposits
E. Anti-Money Laundering Act
a. Covered Transactions
b. Covered Institutions
c. Money-Laundering Offense
d. Unlawful Activities
e. Record Keeping Requirements
f. Reporting Requirements
g. Powers of AMLC
h. Jurisdiction
i. Penalties and Other Consequences
j. Freezing of Accounts
F. Intellectual Property Law
a. Patent
b. Trademark
c. Copyright
G. Data Privacy Act
a. General Provisions
b. Processing and Security of Personal Information
c. Rights of the Data Subject
d. Accountability
e. Security of Sensitive Personal Information in Government
f. Penalties
H. Electronic Commerce Act
a. General Provisions
b. Legal Recognition and Communication of Electronic Messages
and Electronic Documents

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c.E-commerce in Carriage of Goods and Electronic Transactions in
the Government

LEARNING OUTCOMES (LO):

Attributes of Ideal Graduates (AIG) Learning Outcomes (LO)

Highly competent (LO1) Learners shall define the


following with accuracy :

a) Contract of Sale
b) Contract to Sell
c) Earnest Money
d) Option Money
e) Loan
f ) Deposit
g) Guaranty
h) Suretyship
i) Pledge
j) Real Estate Mortgage
k) Chattel Mortgage
l) Antichresis
m) Patent
n) Trademark
o) Trade Name
p) Service Mark
q) Copyright

(LO2) They shall distinguish the


following with certainty:

a) Authorized Causes of Termination and


Just Causes of Termination
b) SubstaNtive and Procedural Due
Process
c) Contract of Sale and Contract to Sell
d) Option Money and Earnest Money
e) Maceda Law and Recto Law
f) Covered Transactions and Suspicious
Transactions
g) Guaranty and Suretyship
h) Chattel Mortgage and Real Estate
Mortgage
i) Patent, Trademark, and Copyright

(LO3) They shall identify the following

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with precision:

a) Tests in Determining Employment


Relationship;
b)Kinds of Employment
c)Causes of Termination from Employment
d) Obligations of Vendee and Vendor
e) Kinds and Effects Delivery
f) Conditions and Warranties
g) Nature, Form, and Kinds of Agency
h) Obligations of the Agent
i) Obligations of the Principal
j) Modes of Extinguishment of Agency
k) Kinds of Banks
l)Insurable Deposits
m) Maximum Liability
n)Requirements for Claims
o) Exceptions to the Secrecy of Bank
Deposits
p) Rights of Data Subject
(LO4) They shall analyze the following
effectively:

a) Constitutional Provisions Relating to


Labor
b) Construction in Favor of Labor
c) State Declared Policy on Banking
d) BSP’s Primary Objectives and Roles
e) Monetary Board
f) Conservatorship, Receivership, and
Liquidation
g) Powers of AMLC
h) Requirements by the AMLA

(LO5) They shall apply the following


with confidence:

a) Construction in Favor of Labor


b) How Data Privacy Works
c) The Rules on Electronic Commerce

(LO6) They shall evaluate the following


with ease:

a) Kinds of Employment
b)Causes of Termination of Employment
c) Unlawful Activities under the AMLA
d) Capital Structures of Banks and Quasi-
Banks

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(LO7) They shall relate the select
decided cases of the Supreme Court to
the abovementioned concepts and laws

(LO8) They shall resolve hypothetical


problems relative to the said concepts
and laws

(LO9) They shall utilize the knowledge


on the provisions of law to real-life
situations.

Ethical/ professional Learners shall be aware of the labor


standards, obligations of the vendor and
vendee, and the laws on business
transactions and they shall utilize such
knowledge properly in their personal and
professional dealings

Service oriented They shall be able to offer advice under


the supervision of a lawyer to those who
are having problems involving the topics
enumerated above

Contribute to country’s They shall exercise caution in participating


sustainable growth and in business transactions
development

FINAL COURSE OUTPUT

Preparation and Presentation of Case Digests Regarding the Assigned Topics

RUBRIC FOR ASSESSMENT:

Rubric for Sales, Agency, Labor Law, and Other Commercial Law

Criteria Excellent Good Fair Poor


(4) (3) (2) (1) Rating

Content All of the Most of the A few of the None of the


essential essential essential essential
facts of the facts of the facts of the facts of the
case were case were case were case were
included in included in included in included in
the case the case the case the case
digests. digests. digests. digests.

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All of the Most of the Some of the No issue was
issues were issues were issues were properly
properly properly properly identified.
identified. identified. identified.
The ruling
The ruling The ruling The ruling was poorly
was was was fairly summarized.
accurately satisfactorily summarized.
summarized. summarized.
The output is The output is
Promptness The output is The output is submitted submitted
submitted submitted on one to three four to seven
ahead of the the deadline days after days after
deadline the deadline the deadline

Presentation
The output The output The output The output
was was was was
presented presented presented presented
confidently and most of and few of but none of
and the the questions the questions the questions
questions were were was
were answered answered answered
answered properly. properly. properly.
properly.

OTHER REQUIREMENTS AND ASSESSMENTS:

Aside from the final output, the student will be assessed at other times during the
term by:

1. Objective type of tests;

2. Essay;

3. Recitations;

4. Group Discussions and Presentations.

GRADING SYSTEM

1. Attendance and Behavior – 10%


2. Recitation – 10%
3. Project – 20%
4. Quizzes – 30%
4. Midterm Examination – 15%
5. Final Examination – 15%

LEARNING EPISODES:

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Learning Topics Week Learning Activities
Outcomes
ORIENTATION
A. VMGO of the 1 Discussion
University

B. Rules and
Regulations in Class

C. Introduction of
Students

D. Presentation of the
Outline of Topics and
Grading System

LABOR LAW Lecture


A. Declaration of
LO2, LO3, Principles 2-3 Discussion
LO4, LO5,
LO6, LO7, Recitation
B. Construction in
LO8, LO9 Favor of Labor

C. Employer-
Employee
Relationship

D. Kinds of
Employment

E. Termination of
Employment

F. Labor Standards

SALES
LO1, LO2, A. Contract of Sale
LO3, LO7, B. Contract to Sell 4-6 Lecture
LO8, LO9
C. Option Contract
Discussion
D. Option Money vs.
Earnest Money Recitation
E. Capacity to Buy or
Sell
F. Effects of the
Contract when the
Thing Sold Has Been
Lost
G. Obligations of the
Vendor
H. Delivery of the

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thing Sold
I. Conditions and
Warranties
J. Obligations of the
Vendee
K. Actions for Breach
of Contract of Sale of
Goods
L. Recto Law
M. Maceda Law
N. Condominium Act
L. Extinguishment of
Sale

MIDTERM EXAM 7
LAW ON CREDIT
LO1, LO2, TRANSACTIONS 8 Lecture
LO7, LO8, A. Loan
LO9 Discussion
B. Deposit
C. Guaranty and Recitation
Suretyship
D. Pledge, Mortgage,
and Antichresis

AGENCY Lecture
LO3, LO7, A. Nature, Form, and 8
LO8, LO9 Kinds of Agency Discussion
B. Obligations of the
Recitation
Agent
C. Obligations of the
Principal
D. Modes of
Extinguishment of
Agency
BANKING LAWS
LO2, LO3, A. General Banking Lecture
LO4, LO6, Law 9-12 Discussion
LO7, LO8, Recitation
B. New Central Bank
LO9
Act
C. PDIC Law
D. Secrecy of Bank
Deposit Act
E. Anti-Money
Laundering Act

Intellectual Property Lecture


LO1, LO2, Law 13 Discussion
LO7, LO8, A. Patent Recitation
LO9
B.Trademark
C. Copyright

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Data Privacy Act
A. General Provisions
B Processing and 13 Lecture
LO3, LO5, Discussion
Security of Personal
LO7, LO8, Recitation
LO9 Information
C. Rights of the Data
Subject
D. Accountability
E. Security of
Sensitive Personal
Information in
Government
F. Penalties

Electronic Lecture
Commerce Act Discussion
LO5, LO7, A. General Provisions 14 Recitation
LO8, LO9 B. Legal Recognition
and Communication
of
Electronic Messages
and Electronic
Documents
C. E-commerce in
Carriage of Goods
and Electronic
Transactions in the
Government

FINAL 15
EXAMINATION

REFERENCES :

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1. Everybody’s Labor Code Volume I, Azucena, Rex Bookstore, Manila,
Philippines

2. Sales and Other Special Contracts, Pineda, Central Book Supply, Inc., Quezon
City, Philippines

3. Comments and Cases on Partnership, Agency and Trusts, De Leon, Rex


Bookstore, Manila, Philippines

4. Commercial Law Review, Villanueva, Rex Bookstore. Manila, Philippines;

5. Take Note: Commercial Law Series, Villanueva-Castro, Central Book Supply,


Inc., Quezon City, Philippines

6. Relevant online sources

CLASS POLICIES:

1. Three (3) tardiness is equivalent to one (1) absent.


2. Absence for three (3) meetings without any valid reason shall be considered as
dropping out of the subject.
3. Any act of cheating shall be meted out with corresponding sanctions.
4. Academic requirements shall be submitted promptly.

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