00 Course Requirements - Torts

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ATENEO DE DAVAO UNIVERSITY

COLLEGE OF LAW
Civil Law Torts and Damages
Dean Jess Zachael B. Espejo, LL.M.
Second Semester SY 2016-2017
I. THE COURSE AND GENERAL EXPECTATIONS
Torts and Damages is a prescribed subject in the curriculum under
Civil Law. It is a study on: 1. Quasi-Delicts; 2. Damages; 3. Human Relations;
and 4. Nuisance.
As this subject is taught in third year, cross-references to other
subjects will be made very often, either by way of review or when absolutely
necessary for a complete understanding of a topic, principle or rule. The
student is charged with reading the various materials assigned for a
particular topic and with obtaining a good understanding of these materials
prior to class. This will ensure that no student will be groping in the dark, so
to speak, during class lectures. Failure of the student to read and familiarize
himself or herself with the topics assigned WILL matter.
II. METHODOLOGY
As the study of law is the shared responsibility of the teacher and the
student, both parties have their respective set of obligations to discharge
prior to, during and after class.
Prior to class, the professor will come in prepared with a logically
organized lecture and equipped with the applicable jurisprudence related to
the topic to be discussed. As students are provided piece-meal with topical
syllabi, the student is obliged to read all the materials and cases assigned
with such effort as to ensure readiness for class participation and/or a quiz.
During class, the student is expected to be in the prescribed dress
code and to wear their identification cards. Students not in the proper attire
will be marked absent. Students are also expected to practice proper
decorum and observe due courtesy. Students are also required to bring their
copies of the full text of the Civil Code in class.
After class, the student is supposed to review what he or she has
learned and then prepare for the subsequent class by reading the materials
and cases next assigned. True, Torts and Damages is not the only subject
taught this semester. Bear in mind, however, that knowledge of Torts and
Damages, would be very useful in later legal practice. You are thus
encourages to treat it as a MAJOR subject. Stray from the proper path at
your own risk.
For topics or rules that are bereft of updates in jurisprudence or are
easily understandable without further lecture, the professor may give handouts intended to replace actual conduct of lectures in class. You will be
quizzed on these hand-outs.

III. COURSE REQUIREMENTS


Either after each major topic sufficient in length or after a
predetermined period of time, the professor will give short quizzes which
could be of the objective or subjective type. Every time a set of quizzes
reach an aggregate of 100 total points, this set will be recorded as the
equivalent of one (1) examination.
After the end of the lecture for Quasi-Delicts and Damages or Articles
2176 to 2235 of the Rules of Court, the class will be given its first long
examination.
After the completion of the lectures for Human Relations and
Nuisance, the class will be given its second long examination.
The professor reserves the right to give a third examination to cover all
topics or to require a class project.
IV. GRADING CRITERIA
Students will be graded according to the following table:
EXAMINATIONS and QUIZ
SETS TREATED AS
EXAMINATIONS
MEANINGFUL CLASS
PARTICIPATION and SHORT
QUIZZES

80% of the final grade


20% of the final grade

Examinations and quiz sets treated as examinations will simply be


averaged.
Recitation or class participation must be MEANINGFUL. This means
that, when a student is called to recite:
1. He or she must ACTUALLY be able to recite. Absence, saying Pass.
or Sorry, Sir. I wasnt able to read the case. or offering to recite on
another case will be graded ZERO (0%).
2. He or she must correctly relate the case and answer questions
relevant to the ruling or principle.
V. ATTENDANCE
Perfect attendance

Shall entitle a student to a premium


of 1% added to his final grade and
MAY be used as basis to reconsider
grades of 73 to 74%.
7 absences
Allowable absences. After incurring
an eighth absence, the student will
get a rating of Failure Debarred. Use
the right to be absent freely but
conscientiously.
No absences will be excused, irrespective of cause.
Absence on the date scheduled for any exam or quiz,

announced or unannounced, will not be excused. No make-up


exams or quizzes will be allowed.
An absent student called for recitation will receive a rating of
0%.
Two tardy markings will be recorded as one absence.
Tardiness exceeding 15 minutes will be considered an absence.
Failure to attend a two-hour session will be recorded as two
absences.
Perfect attendance throughout the semester entitles a student to a
premium of ONE PERCENT (1%) added to his or her final grade.
VI. COURSE MATERIALS
Course materials are classified as primary and secondary.
Primary course materials consist in:
1.
2.
3.
4.
5.
6.

Articles 2176-2194 of the Civil Code (QUASI-DELICTS);


Articles 2195-2235 of the Civil Code (DAMAGES);
Articles 19-36 of the Civil Code (HUMAN RELATIONS);
Articles 682-683 and 694-707 of the Civil Code (NUISANCE);
Other laws related to the subject; and
Supreme Court decisions on the several topics.
Secondary course materials (references) are:

1. Civil Code of the Philippines Annotated Book V (REX)


By: Paras, Paras and Paras Jr.
2. Civil Code of the Philippines Book IV (CENTRAL)
By: Arturo Tolentino
3. Torts and Damages (REX)
By: Aquino
4. Notes on Torts and Damages (CENTRAL)
By: Decano

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