DLS - COLLEGE OF SAINT BENILDE
SMIT – EXPORT MANAGEMENT PROGRAM
COURSE SYLLABUS
COURSE CODE / TITLE
PRE-REQUISITE
:
:
TYPE OF COURSE :
FACULTY :
LEGABEX (Legal Bases for Export)
CORE SUBJECT
Atty. Rizalee Gimena-Angeles
1 st Term/6:00 – 7:30 TTH/B405 TERM / TIME / ROOM :
COURSE DESCRIPTION:
The course studies the various types of law that deal and relate to export.
COURSE OBJECTIVES:
At the end of the course, the students are expected to:
1.
Understand the various laws that relate to export.
2.
Know international and Philippine legal requirements for export.
3.
Anticipate legal problems that an exporter would face.
4.
Apply acquired theoretical knowledge in actual situations.
CSB CORE VALUES
1.
CSB Core Value: Social Responsibility
The course aims to teach students to have a certain level of consciousness in preparing themselves for export. The course reminds students of their responsibility to ensure that legal requirements for export are followed and to exercise fair dealing in business.
2.
CSB Core Value: Professional Competence
The course shall develop professional competence among students so that they could pursue a profitable export business which would serve as their contribution to the nation.
3.
CSB Core Value: Appreciative of the Worth of Each Individual
The course stresses the productivity of each individual in attaining progress for the nation.
4.
CSB Core Value: Filipino Ideals
Filipino social values are integrated in the course by showing how businesses are used to serve society.
COURSE TOPICS:
Part 1 –
Primary Legal Considerations in Export Transactions 1
Week st – 2 nd
A. International Directives
1. International Organizations
1.1. WTO
1.2. International Courts
2. International Policies, Agreements and Treatises
1.1. WTO-TRIPS
1.2. GATT
1.3. Warsaw Convention
B. Philippine Directives
1. Government agencies involved in trade
1.1. DTI – BOI
1.2. SEC

1.3. NSO
1.4. POEA
1.5. Local Governments
1.6. BIR
2. Philippine Investment Laws and Policies Relating to Trade
1.1. Omnibus Investment Code (RA 7844)
1.2. Special Economic Zone Act of 1995 (RA 7916)
1.3. Export Development Act of 1994 (RA 7844)
Part 2 –
Legal Provisions Involved in Export Transactions
A. Sales of Goods
B. Intellectual Property Rights
C. Manpower/Recruitment Services i. Migrant Workers Act
ii. Rules on Seafarers
Part 3 – Other Provisions of Law Relative to Export Transactions
A. Law on Common Carriers/Carriage of Goods by Sea Act
3
7
8 rd th th
– 6 th
9 th – 10 th
A.1. Hamburg Rules
A.2. Rotterdam Rules
B. Insurance
C. Letters of Credit/Trust Receipts Law
Part 4 – Remedies in case of Conflicts
11
12 th th
13 th - 14 th
A. International courts
B. Arbitration/Alternative Dispute Resolutions
CONCEPTUAL STRUCTURE:
The course is designed to discuss laws that promote and affect exports. Legal concepts and factual scenarios that an exporter will encounter shall also be considered. The latest jurisprudence (case law) will be utilized to explain the statute laws that cover the subject matter.
TEACHING METHODS / STRATEGIES:
The course is taught using methods and strategies that are interactive and promote critical thinking, namely: recitation, group discussion, lecture discussion, case studies, individual and group seatwork, class presentations, quizzes, and examinations.
ASSESSMENT / EVALUATION:
30% Final Examination
30% Midterm Examination
20% Quizzes
10 % Recitation
10% Case studies / Research paper (Individual and Group work)
REFERENCES:
There is no text that covers all the laws in the course. The following serves as reference materials:
Miranda, Gregorio, International Trade (2002)

Bernas, Joaquin, The 1997 Constitution of the Republic of the Philippines: A Commentary (latest)
Rodriguez, Rufus, The GATT and WTO: An Introduction (1998)
Villanueva, Cesar, Philippine Commercial Law Review (latest)
Paras, Edgardo, Civil Code of the Philippines Annotated Vol. IV (latest)
Salonga, Jovito, Private International Law (1995)
The following cases (among others) will be discussed:
Tanada v. Angara, 272 SCRA 18, May 2, 1997
McDonald’s Corporation v. LC Big Mak Burger, GR No. 143993, August 18, 2004
Asia Brewery Inc. v. Court of Appeals, GR No. 103543, July 5, 1993
ESSO Standard Eastern v. Court of Appeals, GR No. L-29971, August 31, 1992
Emerald Garment Manufacturing v. Court of Appeals, GR No. 100098, December 29, 1995
Samo v. People, 115 Phil 346, May 31, 1962
Bank of the Philippine Islands v. De Reny Fabric Industries, 146 Phil 269, October 16, 1970
Sia v. People, 206 SCRA 571, April 28, 1983
Garcia v. Court of Appeals, 258 SCRA 446, July 5, 1996
Franklin Gacal v. Philippine Airlines, GR No. 55300, March 15, 1990
Eastern Shipping Lines v. Intermediate Appellate Court, 150 SCRA 464, May 29, 1997
Arada v. Court of Appeals, 210 SCRA 624, July 1, 1992
Planters Product v. Court of Appeals, 226 SCRA 476, September 15, 1993
CONSULTATION HOURS AND VENUE: 30 minutes before and after classes – EM Faculty Room
(Rvsd., Dec., SY 2009-2010)

DE LA SALLE-COLLEGE OF SAINT BENILDE
SMIT – EXPORT MANAGEMENT PROGRAM
COURSE SYLLABUS
COURSE CODE / TITLE : LEGABEX (Legal Bases for Export)
PRE-REQUISITE :
TYPE OF COURSE : CORE SUBJECT
FACULTY : Atty. Rizalee Gimena-Angeles
TERM / TIME / ROOM : 1 st Term/6:00 – 7:30 TTH/B405_
COURSE DESCRIPTION:
The course studies the various types of law that deal and relate to export.
COURSE OBJECTIVES:
At the end of the course, the students are expected to:
5.
Understand the various laws that relate to export.
6.
Know international and Philippine legal requirements for export.
7.
Anticipate legal problems that an exporter would face.
8.
Apply acquired theoretical knowledge in actual situations.
CSB CORE VALUES
5.
CSB Core Value: Socially Responsible
The course aims to teach students to have a certain level of consciousness in preparing themselves for export. The course reminds students of their responsibility to ensure that legal requirements for export are followed and to exercise fair dealing in business.
6.
CSB Core Value: Professional Competence
The course shall develop professional competence among students so that they could pursue a profitable export business which would serve as their contribution to the nation.
7.
CSB Core Value: Appreciative of the Worth of Each Individual
The course stresses the productivity of each individual in attaining progress for the nation.
8.
CSB Core Value: Filipino Ideals
Filipino social values are integrated in the course by showing how businesses are used to serve society.
Weeks / Hours Competencies
1 - 2 Understanding export as an economic tool to attain growth and development.
Module Topic
Part 1 - Primary Legal
Considerations in Export
Transactions
Contents
A. International
Directives
1. International
Organizations
2 International Policies,
Agreements and
Treatises

3 – 8
9 – 12
Relate and apply the provisions of law to export transactions
Distinguish best practices in trade transactions within the legal boundaries of law.
B. Philippine Directives
1 Government agencies involved in trade
2.Philippine Investment
Laws and Policies
Relating to Trade
Part 2. Legal Provisions A. Sales of Goods
Involved in Export Transactions B. Intellectual Property
Rights
C. Manpower
Recruitment Services
Part 3 – Other Provisions of Law
Relative to Export Transactions
A. Law on Common
Carriers/Carriage of
Goods by Sea Act
B. Insurance
C. Letters of
Part 4 – Remedies in case of
Conflicts
Credit/Trust Receipts
Law
1. International courts
2. Arbitration/Alternative
Dispute Respolutions
13 – 14 Select and examine legal options available to avoid, prevent and/or defend one's rights.
CONCEPTUAL STRUCTURE:
The course is designed to discuss laws that promote and affect exports. Legal concepts and factual scenarios that an exporter will encounter shall also be considered. The latest jurisprudence (case law) will be utilized to explain the statute laws that cover the subject matter.
TEACHING METHODS / STRATEGIES:
The course is taught using methods and strategies that are interactive and promote critical thinking, namely: recitation, group discussion, lecture discussion, case studies, individual and group seatwork, class presentations, quizzes, and examinations .
ASSESSMENT / EVALUATION:
30% Final Examination
30% Midterm Examination
20% Quizzes
10 % Recitation
10% Case studies / Research paper (Individual and Group work)
REFERENCES:
There is no text that covers all the laws in the course. The following serves as reference materials:

Miranda, Gregorio, International Trade (2002)
Bernas, Joaquin, The 1997 Constitution of the Republic of the Philippines: A
Commentary (latest)
Rodriguez, Rufus, The GATT and WTO: An Introduction (1998)
Vitug, Jose, Tax Law Compendium (latest)
Villanueva, Cesar, Philippine Commercial Law Review (latest)
Paras, Edgardo, Civil Code of the Philippines Annotated Vol. IV (latest)
Salonga, Jovito, Private International Law (1995)
The following cases (among others) will be discussed:
Tanada v. Angara , 272 SCRA 18, May 2, 1997
McDonald’s Corporation v. LC Big Mak Burger , GR No. 143993, August 18, 2004
Asia Brewery Inc. v. Court of Appeals , GR No. 103543, July 5, 1993
ESSO Standard Eastern v. Court of Appeals , GR No. L-29971, August 31, 1992
Emerald Garment Manufacturing v. Court of Appeals , GR No. 100098, December 29,
1995
Samo v. People , 115 Phil 346, May 31, 1962
Bank of the Philippine Islands v. De Reny Fabric Industries , 146 Phil 269, October
16, 1970
Sia v. People , 206 SCRA 571, April 28, 1983
Garcia v. Court of Appeals, 258 SCRA 446, July 5, 1996
Franklin Gacal v. Philippine Airlines, GR No. 55300, March 15, 1990
Eastern Shipping Lines v. Intermediate Appellate Court , 150 SCRA 464, May 29,
1997
Arada v. Court of Appeals, 210 SCRA 624, July 1, 1992
Planters Product v. Court of Appeals, 226 SCRA 476, September 15, 1993
CONSULTATION HOURS AND VENUE: 30 minutes after classes/EM Faculty
Email/chat: atty_iza_angeles@yahoo.com
(Rvsd. Dec. SY 2009-2010)