Ateneo de Zamboanga University

School of Management and Accountancy

Accountancy Department

SYLLABUS IN ACCLAW 3 – A
(January 08 2024 – May 6, 2024)

LABOR STANDARDS, GOVERNMENT TRANSACTIONS, AND OTHER COMMERCIAL LAWS

Course Title: Labor Standards, Government Transactions, and Other Commercial Laws
Semester/Number of Units: Second Semester/Three (3) units

Instructor: Atty. Eunice Mae Ann T. Serneo

Contact: eunserneo@law@gmail.com

At the end of the semester, the class must be able to cover all of the following topics, including
other laws, rules or regulations that may be relevant to the subject matter at hand:

SCHEDULE: MONDAY AND WEDNESDAYS – 6:00 -7:20 PM

MIDTERMS: MARCH 4-9, 2024
FINALS: MAY 6-11

Date Topic Remarks

WEEK 2, 3 & 4
A. LABOR STANDARDS
1. FUNDAMENTALS OF LABOR LAW;
2. CONDITIONS OF EMPLOYMENT
I. Hours of work
II. Rest periods
III. Service charge
3. WAGES
IV. Definition, components, and exclusions
V. Principles
VI. Minimum wage
VII. Payment of wages
VIII. Prohibitions regarding wages
WEEK 5 B. SOCIAL SECURITY LAW
1. Definitions
2. Scope and coverage
3. Pension, retirement, and other benefits
4. Exemptions from tax, legal process and lien
5. Employee’s and employer’s contributions
6. Contributions from self-employed member

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 7. Remittance of contributions
8. Method of collection and payment
9. Employment records and reports
10. Penal clauses
WEEK 6, 7 & 8 C. INSURANCE CODE OF THE PHILIPPINES
1. Concept of insurance
2. Elements of an insurance contract
3. Characteristics and nature of insurance contracts
4. Classes
a. Marine
b. Fire
c. Casualty
d. Suretyship
e. Life
f. Microinsurance
g. Compulsory motor vehicle liability insurance
h. Compulsory insurance coverage for agency-
hired workers
5. Variable Contracts
6. Insurable interest
a. In life/health
b. In property
c. Double insurance and over insurance
d. Multiple or several interests on same
property

7. Perfection of the contract of insurance

a. Offer and acceptance/consensuality
b. Delay in acceptance
c. Delivery of policy
d. Premium payment
e. Non-default options in life insurance
f. Reinstatement of a lapsed policy of life
insurance
g. Refund of premiums
8. Rescission of insurance contracts
a. Concealment
b. Misrepresentation/omissions
c. Breach warranties

9. Claims and settlement and subrogation

a. Notice and proof of loss
b. Guidelines on claim settlement
i. Unfair claims, settlement;

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 sanctions
ii. Prescription of action
iii. Subrogation
10. Business of insurance; requirements; Insurance
Commissioner and its powers

Long quiz ; Review

MIDTERM EXAMS
WEEK 9, 10 & LAW ON SALES
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LAW ON SALES

LAW ON SALES

WEEK 12 - 14 A. INTELLECTUAL PROPERTY CODE OF THE

PHILIPPINES
1. Intellectual property rights in general
a. Intellectual property rights
b. Differences between copyright,
trademarks, and patents
c. Technology transfer arrangement
2. Patents
a. Patentable invention
b. Non-patentable invention
c. Ownership of a patent
i. Right to a patent
ii. First-to-file rule
iii. Invention created pursuant to a
commission
iv. Right of priority
d. Grounds for cancellation of a patent
e. Remedy of the true and actual inventor
f. Rights conferred by a patent
g. Limitations of patent rights
i. Prior user
ii. Use by the government
h. Patent infringement
i. Tests in patent infringement
ii. Literal infringement
iii. Doctrine of equivalents
i. Civil and criminal action
j. Prescriptive period
a. Defenses in action for

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 infringement
k. Licensing
a. Voluntary
b. Compulsory
l. Assignment and transmission of rights

3. Trademarks
a. Definition of marks, collective marks, and
trade names
b. Acquisition of ownership of mark
c. Acquisition of ownership of trade name
d. Non-registrable marks
e. Prior use of mark as requirement
f. Tests to determine confusing similarity
between marks
i. Dominancy test
ii. Holistic test
iii. Idem sonans
g. Well-known marks
h. Rights conferred by registration
i. Use by third parties of names, etc. similar
to registered mark
j. Infringement and remedies
i. Trademark infringement
ii. Damages
iii. Requirement of notice
iv. Penalties
k. Unfair competition
l. Registration of marks under the Madrid
Protocol
i. Coverage
ii. Rights conferred
iii. Requirements for registration
iv. Term of protection
4. Copyright
a. Basic principles
b. Copyrightable works
i. Original works
ii. Derivative works
c. Non-copyrightable works
d. Rights of copyright owner
e. Rules on ownership of copyright
f. Limitation on copyright
g. Fair use

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 h. Copyright infringement
i. Remedies
ii. Criminal penalties
WEEK 15 B. ELECTRONIC COMMERCE ACT
1. Principles
2. Application
3. Definition of terms
4. Legal recognition and communication of
electronic data messages and electronic
documents
5. Electronic commerce in carriage of goods
6. Electronic transactions in government

GOVERNMENT TRANSACTIONS

A. GOVERNMENT PROCUREMENT LAW

1. General principles
2. Scope and application
3. Definition of terms
4. Procurement procedures
a. Preparation of bidding documents
b. Invitation to bid
c. Receipt and opening of bids
d. Bid evaluation
e. Post-qualification
f. Award, implementation and termination
of the contract
5. Disclosure of relations
6. Alternative methods of procurement

B. EASE OF DOING BUSINESS AND EFFICIENT DELIVERY

OF GOVERNMENT SERVICE DELIVERY ACT
1. Policy, construction and interpretation
2. Definition of terms
3. Coverage and scope
4. Reengineering of systems and procedures
5. Citizen’s charter
6. Accessing government services
7. Streamlined procedures for the issuances of
permits and licenses
8. Violations, jurisdiction, penalties, and immunity

Can be used
LONG QUIZ; REVIEW for reporting

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 if needed.
Final Exams

Report topics:

C. ANTI-MONEY LAUNDERING ACT

1. Policy of the law

2. Covered institutions and their obligations
3. Covered and suspicious transactions
4. Money laundering; how committed; unlawful activities or predicate crimes
5. Anti-Money Laundering Council; functions
6. Safe harbor provision
7. Application for freeze orders
a. Who can apply
b. Effectivity
c. Duties of covered institutions
8. Authority to inquire into bank deposits
a. Forfeiture provisions
b. Mutual assistance among states

D. DATA PRIVACY ACT OF 2012

1. Definitions and scope
2. Extraterritorial application
3. Processing of personal information
a. General principles
b. Sensitive and privileged information
c. Subcontracting
d. Privileged communication
4. Rights of the data subject; exceptions/non-applicability
5. Duties and responsibilities of personal information controller