College of Law 345
College of L aw KOLEHIYO ng BATAS
Location: Malcom Hall, Universitry of the Philippines Diliman, Quezon City, 1101 Philippines Telephone Numbers: +63-2-920-5514 | +63-2-927-0518 (telefax) Email Address: [email protected]
he Board of Regents of the University of the Philippines formally approved the establishment of the College of Law on 21 January 1911. The College, however, traces its beginnings to the law courses opened in 1910 by the Educational Department Committee of the Young Men’s Christian Association (YMCA), through the efforts of George A. Malcolm who was later to become the first permanent dean of the College.
In June 1911, the College was formally opened with first and second year classes. There was a total of 125 students comprising freshmen and
sophomores, the latter numbering fifty when they started the YMCA school. Of this first law class, one became a President of the Philippines, another, a Chief Justice of the Supreme Court, while several others became legislators and legal luminaries. The faculty was at first predominantly American, but the faculty profile changed when the American teachers were supplanted by Filipinos. Sherman Moreland, Justice of the Philippine Supreme Court, was Acting Dean from 1 July to 11 October 1911; George Malcolm was Secretary and subsequently Dean until 1917 when he was elevated to the Supreme Court. Jorge C. Bocobo, a member of the 1911 faculty, succeeded Dean Malcolm and became the first Filipino dean of the College. He held that position until 1934. In the early years of the College, classes were held after five o’clock in the afternoon because most of the students held some employment during the day. The College offered a three-year course for students devoting full time to their studies in the College and a four-year course for students who were employed. Commencing with the school year 1917-1918, the four-year course was prescribed for all students. By its twenty-fifth year, the enrollment in the College of Law totaled 547 students and the faculty was composed of eight full-time and nine parttime members. A graduate program leading to the Master of Laws degree had been established; two earned the degree in 1918. Classes were then held in Palma Hall on the Padre Faura Campus in Manila and the greater number of students attended day classes. Evening classes were maintained for students who were employed during the day. Dean Jose A. Espiritu was appointed in 1934 to succeed Dean Bocobo. Upon the outbreak of the war in 1941, the College was closed and classes did not resume until August of 1945. Returning from a brief stint in the Supreme Court, Dean Espiritu commenced the difficult task of rehabilitating the College. In December 1948, with the transfer of the main campus of the University of the Philippines to Diliman, Quezon City, the College was first assigned to occupy an army hut, and later, a three-storey building named Malcolm Hall after the College’s founder and first permanent dean. Dean Espiritu retired in 1953 and was succeeded by Dean Vicente G. Sinco. Dean Sinco was appointed President of the University in 1958 and Judge Vicente Abad Santos, a former member of the law faculty, became dean. Dean Abad Santos held the deanship until 1969. Prof. Perfecto V. Fernandez was appointed Officer-in-Charge of the College about a year until Dr. Irene R. Cortes was appointed in 1970. Thus, she became the first woman to hold the position. In April 1978, Prof. Froilan M. Bacungan, then the Director of the Law Center, succeeded to the deanship. In October 1983, Prof. Bartolome S. Carale was appointed Dean of the College and served until April 1989. The College of Law and the Law Complex subsequently underwent a process of reorganization, and a new dean was not appointed until after its completion. Dr. Pacifico A. Agabin was appointed dean in October 1989 and served until October 1995 when Prof. Merlin M. Magallona became the tenth Dean of the College. In August 1999, Dr. Raul C. Pangalangan was appointed Dean of the College until his second term ended in September 2005. Prof. Salvador T. Carlota was the
College of Law
twelfth Dean of the College from October 2005 to April 2008. Prof. Marvic M.V.F. Leonen served as Dean from 2008 to 2011. Prof. Danilo Concepcion is at present the Dean of the College of Law. A century after it was founded, the College of Law can point to its alumni in the highest positions of the government. Four held the post in each ones turn, of President: Jose P. Laurel Sr., Manuel A. Roxas, Elpidio R. Quirino, and Ferdinand E. Marcos. Thirteen served as Chief Justices of the Supreme Court; Ricardo M. Paras, Jose Y. Yulo, Cesar C. Bengzon, Querube C. Makalintal, Fred Ruiz Castro, Enrique M. Fernando, Felix V. Makasiar, Ramon C. Aquino, Pedro L. Yap, Marcelo B. Fernan, Hilario G. Davide, Jr. , Reynato S. Puno and the incumbent, Ma. Lourdes Aranal-Sereno . A sizeable percentage of the former and incumbent senators and members of the House of Representatives are also graduates of the College. Two College of Law alumni became Presidents of the University of the Philippines: Vicente G. Sinco and Edgardo J. Angara. Many more of its graduates are prominent law practitioners, high officials in government service, political leaders, as well as pioneers in private enterprises.
plus Philosophy, Political Science, Psychology, or Sociology
DEGREE PROGRAM The College of Law of the University of the Philippines offers the following degree programs: • • •
Four-year undergraduate program leading to a Juris Doctor (J.D.) degree Five-year undergraduate program for working students leading to a Juris Doctor (J.D.) degree Regular graduate program leading to a Master of Laws (LL.M.) degree primarily for prospective law teachers and professional specialists.a
ADMISSION POLICIES/REQUIREMENTS JURIS DOCTOR (J.D.) On 31 July 2007, UP President Emerlinda R. Roman approved the Change in Degree Title from Bachelor of Laws (LL.B.) to Juris Doctor (J.D.) No students shall be admitted to the program leading to Juris Doctor degree unless he/she has satisfactorily completed in an authorized university or college a bachelor’s degree in arts or science with any of the following subjects as the major or field of concentration: Political Science Philosophy English History A bachelor’s degree holder in a field other than those mentioned above must have earned the following minimum number of units:
12 units 9 units
Admission to the Master of Law (LL.M.) Program has been suspended
plus A course on Rizal
An applicant shall be required to take the Law Aptitude Examination (LAE). The UP LAE is usually administered in the third week of November in five (5) testing centers (UP Diliman, UP Baguio, UP Visayas [Iloilo], UP Cebu, and UP Mindanao). Application forms are available on the second week of August. Holders of graduate degrees are not exempted from taking the test. No student shall be admitted to the College unless the Committee on Student Admissions recommends his/her admission. The College has a “no deferment” policy. Those admitted to the College but do not enroll or enroll in the first semester but drop all courses will have to re-take the LAE. Only those who are employed full-time shall be permitted to enroll in the evening classes. Transfer Students Courses taken in institutions of higher learning other than the University of the Philippines cannot be credited towards the completion of the subject requirements in any of the degree programs offered by the UP College of Law. PRIVATE SCHOLARSHIP The College has thirty-one private scholarships in support of the students.
English History and/or Economics
1) CHIEF JUSTICE FRED RUIZ CASTRO 2) JUSTICE CECILIA MUÑOZ PALMA 3) OWEN L. WHITE 4) TERESITA CRUZ SISON and MARIA TERESITA SISON GO 5) PRESIDENT ELPIDIO QUIRINO 6) VICENTE SANTIAGO y DEL ROSARIO 7) MALCOLM II TRUST FUND 8) U.P. LAW CLASS 1941
College of Law 347
9) JUSTICE ALEJO LABRADOR MEMORIAL 10) JUSTICE VICENTE ABAD SANTOS 11) JUSTICE NATIVIDAD ALMEDA LOPEZ MEMORIAL 12) UP LAW CLASS 1971 FOUNDATION, INC. 13) JUSTICE IRENE R. CORTES MEMORIAL 14) VIOLETA CALVO-DRILON 15) JULIANA R. RICALDE 16) PROF. ESTEBAN B. BAUTISTA 17) INTELLECTUAL PROPERTY ASSOCIATION OF THE PHILIPPINES 18) VIOLETA CALVO DRILON – ANGARA, ABELLO, CONCEPCION, REGALA & CRUZ LAW OFFICES 19) CATALINO C. MACARAIG, JR. 20) ROMEO LIM GO 21) BENJAMIN V. ABELA, SR. 22) VILLARAZA & ANGANGCO LAW OFFICE 23) UP LAW CLASS 1977 24) SALVADOR H. LAUREL 25) JUSTICE JOSE C. CAMPOS, JR. SCHOLARSHIP 26) PORTIA SORORITY 27) CO, FERRER & ANG-CO LAW OFFICE 28) JEJOMAR C. BINAY 29) ROBERTO S. BENEDICTO 30) UP LAW CLASS OF 1986 SCHOLARSHIP 31) MA. GISELLA N. DIZON-REYES
Day Section (133 units) APPROVAL 100th UPD UC : 25 July 2007
F I R S T
Y E A R
Law 99 Law 100 Law 109 Law 115 Law 116 Law 121
1 4 3 2 2 4
Law 101 Law 110 Law 117 Law 120 Law 122
S E C O N D
Y E A R
Law 102 Law 103 Law 104 Law 113 Law 124 Law 139
4 2 3 3 3 2 T H I R D
Y E A R 2nd Semester
3 3 3 3 3 2
5 2 1 3 3 2
Law 106 Law 112 Law 118 Law 129-B Law 154 Law 174
F O U R T H
Y E A R
Law 119 Law 127 Law 156 Electives
3 3 3 5 3
Law 107 Law 114 Law 123 Law 125 Law 173
1st Semester Law 105 Law 108 Law 111 Law 126 Law 129-A Law 138
5 4 2 2 4
3 4 3 8
Law 128 Electives
College of Law COURSE OFFERINGS
Evening Section (133 units)
APPROVAL 100th UPD UC : 25 July 2007
F I R S T
Y E A R
1st Semester 14 units
Law 99 Law 100 Law 109 Law 115 Law 121
1 4 3 2 4
Law 101 Law 110 Law 116 Law 120
S E C O N D
2 3 3 3 2 2
Law 103 Law 104 Law 107 Law 124 Law 139 Elective
T H I R D
Persons and Family Relations. The law governing legal status, capacity and marriage; and the duties and obligations incident to family relations. 4 u.
Obligations and Contracts. The law governing obligations, their sources, kinds, nature and effects; the law governing contracts, their creation, interpretation, modification, performance, and other incidents; includes natural obligations, trusts, estoppel, extinctive prescription and compromise. 5 u.
Property. Concepts and institutions of property and its modes of acquisition (except succession) based on the Constitution, the Civil Code, and special laws; includes the laws on intellectual property, lease and donation. Prereq: Law 101. 4 u.
Sales. The study of the law on sales, the Bulk Sales Law, barter and documents of title to goods. Prereq: Law 101. 2 u.
Torts and Damages. The law of torts, quasi-contracts and damages based on the Civil Code and relevant special laws. Prereq: Law 101. 3 u.
Succession. The law of descent, both testate and intestate, based on the Civil Code and special laws. Prereq: Law 100, 102. 3 u.
Corporation Law and Securities Act. The law on corporate organization, management, finance, dissolution and reorganization, based on the Corporation Code, special laws, and existing jurisprudence; includes study of the Securities Act. Prereq: Law 101. 5 u.
Credit Transactions. The law governing secured and other financing transactions, including mortgages, pledges, guaranty, surety, trust receipts, and preference of credits. Prereq: Law 101. 3 u.
Bills, Notes and Commercial Papers. The law governing negotiable instruments, as well as other commercial papers including investment papers and money market instruments. Prereq: Law 101, 107. 3 u.
Criminal Law 1. The basic concepts and principles of criminal law and penology including those relating to the enforcement of penal laws and the imposition of penalties. 3 u.
Criminal Law 2. Specific crimes and their penalties defined in the Revised Penal Code and other penal statutes. Prereq: Law 109. 4 u.
Y E A R 2nd Semester
3 5 3 2
Law 111 Law 114 Law 125 Law 174
F O U R T H
3 3 5 2
Y E A R
1 3 3 3 3
F I F T H
Law 108 Law 112 Law 123 Law 129-B Elective
3 2 3 3 2
Y E A R
Law 119 Law 127 Elective
Legal Bibliography. Development of skills in the use of legal materials and the law library. 1 u.
4 2 4 3
Law 118 Law 126 Law 129-A Law 154 Law 156
Law 105 Law 106 Law 113 Law 138
5 4 2 2
Y E A R
1st Semester Law 102 Law 117 Law 122 Law 173
2 4 8
Law 128 Electives
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Public International Law. An introduction to the international legal system with emphasis on sources and subjects of law and international responsibility. 3 u.
Private International Law. An introductory course dealing with legal transactions or relationships involving foreign elements with emphasis on the choice of law methods, including problems in jurisdiction and in recognition and enforcement of foreign judgments. Prereq: Law 100, 101, 102, 104, 105, 125. 2 u.
The Law on Labor and Social Legislation and the Principles of Agrarian Reform. The legal guarantee on minimum standards, welfare benefits, and employment opportunity for workers, including statutes and decrees on social security, labor standards, manpower development, employment generation and assistance programs, and basic principles of agrarian reform. 3 u. Labor and Social Legislation 2. The legal structure, processes and institutions of collective bargaining, and labor arbitration including the law on trade unions, unfair labor practices, strikes and lockouts, collective bargaining agreements, agricultural tenancy, and the settlement of labor and agrarian disputes. Prereq: Law 101, 113. 3 u.
Legal History. The development of the world’s legal systems, with emphasis on their relation to the basic institutions of Philippine law. 2 u.
Legal Method. An introduction to legal analysis, research techniques, rules of legal construction, and other aspects of the legal process. 2 u.
Legal Theory. The main schools of jurisprudential thought, with emphasis on the philosophical influences on the varying conceptions of ideal law and material law, and their impact on law as an instrument of procedural and substantive justice. 2 u.
Medical Jurisprudence. A study of selected medico-legal problems. 1 u.
Supervised Legal Research and Writing. A supervised writing course involving the preparation of legal materials including articles, opinions or memoranda. 2 u.
The Legal Profession. The history, development, current problems, and role of the legal profession in Philippine society, over and above instructional Legal Ethics. 2 u.
Constitutional Law 1. The fundamental concepts of public law; values, principles and policies underlying the Constitution; the legal structure and basic functions of government, the distribution and limitation of power. 4 u.
Constitutional Law 2. The Rule of Law, including the concept of limited Government, the Bill of Rights and Duties, and judicial review of acts affecting them. 4 u.
Administrative Law. The role of the administrative agency in the constitutional order; the principles and doctrines governing the administrative process; procedural rules governing rule-making, adjudicative, regulatory and other functions of administrative agencies, techniques of control over administrative actions with emphasis on judicial review. Prereq: Law 121, 122. 3 u.
Remedial Law 1 (Criminal Procedure). The law governing prosecution, trial and adjudication of criminal cases, including procedures relating to arrest, incidental seizures and searches, custodial interrogation, preliminary investigation indictment, trial and sentencing of offenders, as provided for in the Rules of Court and special laws. 3 u.
Remedial Law 2 (Civil Procedure). The jurisdiction of Philippine courts and the rules of judicial procedure in civil actions, both ordinary and special, including provisional remedies and prescription of actions based on the Rules of Court and other laws. Prereq: Law 124. 5 u.
Remedial Law 3 (Evidence). The study of the rules of admissibility and the rules of proof as they appeared in the rules of evidence. 3 u.
Remedial Law 5 (Practicum 1). A clinical legal education and training course integrating classroom learning of substantive and remedial law with their concrete application in actual controversies, disputes, and cases before the courts or administrative agencies for amicable settlement or for adjudication, as the case may be. This course is divided into two parts. One, is the practicum component wherein law interns handle actual legal problems, disputes or cases under the supervision of the Office of Legal Aid. They interview the clients, draft necessary legal and judicial forms, do counselling and negotiation work, appear before the courts/administrative agencies for adjudication including appeals therefrom. Conferences and tutorials for formulating the theory of the case, strategizing and assigning legal research work are also part of this component. The second component is the Moot court wherein actual OLA cases are utilized to simulate court litigation for effective role playing of advocates and witnesses. Field observations of legal institutions, administrative agencies, courts, law enforcement agencies, and other bodies that a law practitioner encounters, are also required. Prereq: Law 124, 125, 126, 174. 6 h. (2 classroom work, 4 practicum) 4 u.
Remedial Law 6 (Practicum 2). The classroom component includes: the study of alternative dispute resolutions, compulsory conciliation under P.D. 1508, legal interviewing and negotiation, role playing on actual disputes, drafting exercises on necessary legal forms. The practicum or service component started in Practicum 1 is continued. Prereq: Law 124, 125, 126, 127, 174. 6 h. (2 classroom work, 4 practicum) 4 u.
129–A Taxation 1. A study of the general principles of taxation, income taxation, including tax enforcement and remedies available to the taxpayer and the government. 3 u.
College of Law
129–B Taxation 2. A study of transfer taxes, value-added tax, percentage tax, excise tax and other business and commodity taxes, realty tax, including tax enforcement and remedies available to the taxpayer and the government, as well as a survey of the municipal tax system. 3 u. 130
Civil Law Review. A review of Civil Law. Prereq: Law 102, 103, 104, 105, 107, 173. 5 u.
Problems and Issues in Civil Law. Principles and concepts in civil law relationships and institutions, in the light of contemporary problems and issues. 3 u.
Philippine Indigenous Law. An introduction to legal anthropology with an emphasis on indigenous Philippine custom laws and their relevance to the national legal order. The course will also examine national laws and policies affecting the national cultural communities. 3 u. Land Titles and Deeds. The systems and methods of registration of titles and deeds to land and the acquisition of titles to public lands. 2 u.
Intellectual Property Law. Law on copyright, patents, and trademarks. Seminar. Prereq: Law 101, 102. 2 u.
Trusts. Seminar. 2 u.
Commercial Law Review. A review of commercial laws. Prereq: Law 101, 106, 108, 138, 139. 4 u.
Problems and Issues in Commercial Law. Principles and concepts in commercial relations and institutions, in the light of contemporary problems and issues. 3 u.
Transportation and Public Utilities. The law on carriers including land, water and air transportation, and state regulation of carriers and other public utilities. Prereq: Law 101. 2 u.
Insurance. A study of the law on insurance and annuities under the Insurance Code and the Civil Code. Prereq: Law 101. 2 u.
Legal Accounting. The basic principles of accounting with emphasis on certain phases of the interrelationship of accounting and law in the fields of contractual arrangements, commercial transactions, corporate practice, estate administration and taxation with interpretative cases, commentaries, and other explanatory materials. 2 u.
Administration of Criminal Justice. Policies and problems relating to various aspects of the administration of justice, with emphasis on the prevention and deterrence of crimes. Prereq: Law 109, 110, 121, 122, 124. 2 u.
Treatment and Rehabilitation of Offenders (Seminar). Prereq: Law 109, 110, 124. 2 u.
Contemporary Developments in International Law. Contemporary issues affecting relations among nations. Prereq: Law 111, 121, 122. 2 u.
United Nations and World Order (Seminar). Current activities of the UN and its organs including problems arising from conflicts in national and international jurisdictions; procedures in the removal of threats to peace and the suppression of acts of aggression; the protection of human rights and dependent peoples. Prereq: Law 111. 2 u.
Settlement of International Disputes (Seminar). 2 u.
Problems in ASEAN Integration (Seminar). Prereq: Law 111. 2 u.
Diplomatic and Consular Law and Practice. The development of basic elements of diplomatic and consular law including a consideration of the problems of diplomacy and consular practice. Prereq: Law 111. 2 u.
Agrarian Reform Law. Restructuring of agrarian relations as reflected in current agrarian reform legislation, with emphasis on the institutionalization of the economic fairly size farm and the on-going measures for reform, including the land transfer program, land consolidation, and development of new agrarian structures. 2 u.
Collective Bargaining. Principles governing the duty to bargain collectively, with application to problem areas, such as changes in business operations, industry-wide bargaining, CBA administration and impact of technological change. Prereq: Law 113, 114. 2 u.
Comparative Law. Comparative jurisprudence, its significance and scope as a branch of legal science; the factors giving rise to its development, its importance and its practical application in the field of law reform and legislation with reference to the legal system of the Philippines embodying civil and common law rules and principles. The course also points out the significance of the role of comparative jurisprudence in the unification, criticism and improvement of private law. 2 u.
Roman Law. Elements of Roman law, based principally on the Institutes of Justinian and the extent to which it has influenced Philippine law. 3 u.
Thesis. A treatment in depth of some subject in which the law is unsettled, disputed or in a formative stage. 2 u.
Contemporary Constitutional Law Problems (Seminar). Current constitutional law problems — the content, varying from time to time, includes phases of judicial review, civil liberties, and other constitutional rights. Prereq: Law 119, 121, 122, 124. 2 u.
Local Governments. The principles governing the creation, organization, and dissolution of municipal and other political subdivisions of the State, their powers, offices, property and transactions. Prereq: Law 121. 3 u.
College of Law 351 155
Problems in Local Government (Seminar). Current problems in local government. 2 u.
Electoral Process and Public Office. A study of principles governing the electoral process in plebiscites, referenda, election and recall of public officers; and of the law governing public office including the civil service. Prereq: Law 121, 122. 3 u.
Special Problems in Citizenship and Naturalization (Seminar). Prereq: Law 121, 122, 123, 154, 156. 2 u.
Natural Resources. The law governing the natural resources of the Philippines based on the Constitution and special laws. 2 u.
Remedial Law Review. A review of Remedial Law. Prereq: Law 124, 125, 126, 174. 4 u.
Problems and Issues in Remedial Law. Principles and concepts in remedial law, in the light of contemporary problems and issues. 3 u.
Problems in Jurisdiction (Seminar). 2 u.
Appellate Court Practice (Seminar). 2 u.
Special Problems in Taxation. A seminar in taxation dealing with special current problems in the administration of internal revenue taxes, and contemporary issues in local, national, and international taxation. 3 u.
Income Taxation. The legal and accounting aspects of income taxation is discussed in this course to provide students with sufficient knowledge regarding income tax laws, administrative regulations and rulings as well as Supreme Court decisions, with practical exercises in the preparation of tax returns. 3 u. Transfer, Business and Other Taxes. This course covers transfer taxes (estate and donor’s taxes), taxes on business and occupation, percentage taxes, amusement taxes and miscellaneous other national taxes. The codal provisions, legal principles as well as computations of these different taxes are taken up in this course. 3 u.
Estate Planning (Seminar). 2 u.
Comparative Industrial Relations. A study of the main outlines of the Philippine industrial relations system, and its comparison and differentiation with other models in industrial relations, principally the British, the West German, the Japanese and the Chinese models. Prereq: Law 113, 114. 2 u.
Labor Arbitration. The legal framework for arbitration of contract negotiation, as well as grievance, disputes, with emphasis on arbitrarility problems and approaches to resolution of issues in bargaining deadlocks. Prereq: Law 113, 114. 2 u.
Philippine Labor Policy. The development of Philippine Labor Policy since 1900, on the basis of official documents, including statutes, policy papers and statements, decisions, etc. 2 u.
Unfair Labor Practices. The various types of misconduct impinging on fundamental rights, and their differentiation from privileged conduct, particularly managerial prerogative. 2 u.
Criminal Law Review. A general study and review of Criminal Law, the Revised Penal Code as well as all mandatory laws thereto, and all special penal statutes. Prereq: Law 109, 110, 121, 122. 3 u.
Political Law Review. A general study reviewing the basic principles of Philippine Political Law, Constitutional Law, Administrative Law, and Civil Service Law, Local Government, public officers and Election Laws. Prereq: Law 121, 122, 123, 154, 156. 3 u.
Agency and Partnership. The law of agency and partnership based on the Civil Code and Special Laws. Prereq: Law 101. 3 u.
Remedial Law 4 (Special Proceedings). The study of different special proceedings including insolvency and arbitration, together with supplementary rules as found in the Rules of Civil Procedure. Prereq: Law 124, 125. 2 u.
Law and Environment. A seminar course dealing with the present-day issues of land use, energy, pollution and human settlements. 2 u.
Law and Society. The law and the legal process in the broader setting of our society. The use and application of the techniques of other disciplines, especially the behavioral sciences, in the solution of legal problems, the relation between legal doctrines and underlying social values, the interrelationship between social, economic, political and legal institutions, and the view of law as a social phenomenon inthe Philippine setting. 3 u.
Law of the Sea. A seminar on the Law of the Sea including a study of the different legal regimes with emphasis on the United Nations Convention on the Law of the Sea, and issues and problems relevant to the Philippines. Prereq: Law 111. 3 u.
Banking and Financial Law. The law governing the operations of the financial sector, primarily banks, quasi-banks, and informal financial institutions, including a discussion of the legal principles governing financial instruments. 3 u.
Administrative Procedure. A comparative study between the Rules of Court and the various procedural rules governing the resolution of disputes or redress of grievances before selected administrative agencies, such as the NLRC, Office of the Ombudsman, SEC and others, with a view towards looking into their relative advantages or disadvantages; with emphasis on administrative procedure as embodied in the Revised Administrative Code of 1987; pertinent administrative circulars and legal forms, and field observation of the agencies concerned. 3 u.