DLS - 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:

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:
Week

Part 1 – Primary Legal Considerations in Export Transactions 1st – 2nd

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 3rd – 6th

B. Intellectual Property Rights 7th
C. Manpower/Recruitment Services 8th
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 9th – 10th

A.1. Hamburg Rules
A.2. Rotterdam Rules
B. Insurance 11th
C. Letters of Credit/Trust Receipts Law 12th

Part 4 – Remedies in case of Conflicts 13th - 14th

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 : 1st 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 Module Topic Contents

1-2 Understanding export Part 1 - Primary Legal A. International
as an economic tool to Considerations in Export Directives
attain growth and Transactions 1. International
development. Organizations
2 International Policies,
Agreements and
Treatises
 B. Philippine Directives
1 Government agencies
involved in trade
2.Philippine Investment
Laws and Policies
Relating to Trade

3–8 Relate and apply the Part 2. Legal Provisions A. Sales of Goods
provisions of law to Involved in Export Transactions B. Intellectual Property
export transactions Rights
C. Manpower
Recruitment Services
9 – 12 Distinguish best Part 3 – Other Provisions of Law A. Law on Common
practices in trade Relative to Export Transactions Carriers/Carriage of
transactions within the Goods by Sea Act
legal boundaries of B. Insurance
law. C. Letters of Credit/Trust
Receipts Law
13 – 14 Select and examine Part 4 – Remedies in case of 1. International courts
legal options Conflicts 2. Arbitration/Alternative
Dispute Respolutions
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: [email protected]

(Rvsd. Dec. SY 2009-2010)