Leg Proffgg

Published on July 2016 | Categories: Types, Articles & News Stories | Downloads: 61 | Comments: 0 | Views: 343
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1.) I find myself disagreeing with the position taken by Atty Z. with regards to how the practices in the judiciary blur the boundary between the Church and the State. The preamble in the constitution provides the clause “Imploring the aid of Almighty God” while Article III, section 5 of the constitution provides the non-establishment clause which states that no law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The practices of the judiciary which includes the prayers, the masses, and the construction of the prayer rooms are acts which neither establishes the catholic faith as a state religion, nor does it prevent or ban any other forms of worship. I would argue that Atty Z’s concerns are of little weight as the practices serves as an affirmation of the Philippine’s long standing tradition of invoking catholic morals and values to help guide the conduct of their daily lives. This does not necessarily mean however, that courts will now turn to their religion or beliefs as a basis for their court decisions. The courts and the lawyers must still argue with legal basis. The added benefit I find through the invocation of these practices however, is that the courts and lawyers are able to integrate the values they get from their religion or beliefs into the way they think and argue, that is, that lawyers and judges who already aspire to act and practice their profession in pursuit of truth and justice are further emboldened and encouraged to do so in a communal manner. Thus, in an article written by Joseph Allegretti entitled “The Lawyer’s Calling”, he states that inevitably, lawyers will wish to connect with the fundamental values that sustain them, and through entwining with their faith and practice can limit their self-interest for the greater good. Ultimately, I strongly believe that the practices of the court is in line with its duty to render due justice to individuals. Lawyers and judges are still expected to observe codes of professional conduct, but have actions which can be guided by their morality. What I can say about Atty Z’s observation on how the practices are blurring the boundary between Church and State is that what is actually occurring is the contrary in the sense that what is actually blurring is not the boundary between the Church and State, but rather the boundary between the law professional’s practice of the law as a means of attaining justice, and his vocation as a faithful in his pursuit for a just society in accordance to God’s will. 2.) One of the first few responsibilities the lawyer has in his practice as a lawyer is his duty to apply the law. Attached to this responsibility is his care of his client as well as his obligations to his own self. Various lawyers throughout history have advised practitioners of the legal profession on their responsibilities with regards to their clients. Abraham Lincoln for example, would state his views on the ethics of practice where he says that a lawyer in dealing in his client must be a peacemaker. This term would imply that while possible and just, a lawyer must discourage litigation and must push for amicable compromise. Lincoln states that “a worse man can scarcely be found than one who does this. Who can be more nearly a fiend that he who habitually overhauls the register of deeds in search of defects in titles whereon to stir up strife and put money in his pocket?” Gandhi as well shares the same sentiments. His first joyful

experience in his practice of law was when he successfully advised his client into entering a satisfying agreement with another party. He stated that he had found the true practice of law was when he “united parties riven asunder.” Howard Lesnick would also state that a lawyer is expected to stand with those in trouble as well as mediate for and empower their clients. On the other hand, I also believe that lawyers have the responsibility to themselves. Timothy Floyd would go into the law as a vocation or as a calling for an individual. The responsibility of a lawyer, in as much as it is to provide sustenance for himself and his family, is also to grow during the time he spends in his practice of the law. Floyd distinguishes the external goods and internal goods acquired from the practice. Money, status, and privilege, while not inherently bad, are potentially corrupting. Thus, it is also within the responsibility of the lawyer to build his character in order to ensure that he does not become corrupted to consider these goods as the only compensation that matters. Virtues such as temperance, fortitude, prudence, and justice all build a lawyer rich with internal goods gained from proper practice of the law. B. In my view, these responsibilities and values are still relevant in the context of the Philippines at this time and day. I would even argue that the values and responsibilities expected from lawyers are even more relevant as the legal profession is being regarded as a mere trade by lawyers and businesses. The law profession carries with it certain responsibilities which are being ignored for the sake of profit not only by businessmen, but by lawyers themselves. Such a treatment of the law cheapens it and puts the integrity of the entire practice in jeopardy. This is made evidence by how law firms tend to entice new lawyers with high pay and take on cases only from well-known clients as well as clients who can afford to pay their fees. New lawyers, often idealistic but fail to ground themselves in their values, are swallowed up by the system of big law firms and lose sight of the values which drove them to become lawyers in the first place. Thus, it becomes important that lawyers are reminded of their responsibilities and values in their practice of law. 3. Mitzvah, being defined primarily as a command and secondly as a good deed, would imply that the enforcement, compliance, and legislation of the law is oriented towards the good. In my view, given that a Mitzvah, is understood as a command and a good deed would imply that the law is primarily sought to be used to promote the common good, and must thus be in accordance to natural law which provides us with the concepts of which laws are good and which laws are potentially harmful. Reading the article on how German Laws were promulgated during the Nazi regime, one can objectively say that the laws were oppressive and harmful despite being promulgated as a law because it is through natural law where we can find that man has a right to life which must be protected. B. Atty. Diokno makes the distinction between the etymology of Justice and Law in the English and Filipino language. In English, Justice and Law would mean two separate things. This would imply that the law may at times, not be just. The Filipino words for justice and law are “Katarungan” and “Batas” respectively. Katarungan, is derived from the visayan word “Tarung” which means straight, upright, appropriate or correct. At times however, we also use the

Spanish derivative “ekidad”. Batas means a command, an order, or decree. Like the English words Justice and Law, it separates itself from the word Katarungan which implies that the law may also not necessarily be just. However, given that our term for katarungan also makes use of the term “ekidad”, it would inject equity as part of our concept of justice which is lacking in the English etymology which is “ius” simply meaning “right. The implication that our laws and jurisprudence are written almost entirely in English is that Law is simply taken as a command and a decree and justice simply means providing for what is right. But given our culture and language, it would imply that our system has the consciousness when rendering justice, not only to afford what is right to those who appeal before it, but also take into consideration what is fair for the parties. Due respect must be given to individual rights as well as the rights of a community. The constitution, in Article 2 Section 9, 10,11 and article 13 make mention of social justice and human rights. Philippine law and society therefore, take recognition of the needs particular to the Philippines as a country and towards its people. The ideal sought, according to Diokno would also state, is that the law in as much as it seeks to do what is right, also promotes equality through the elimination of poverty and the promotion of the rights of the poor who may not have the same protection of rights afforded to the rich by virtue of their capacity to afford it. 4.) In my view, the legal system is a difficult point to initiate transformation of any given social order. I take this stance because the law is created particularly to stabilize society and the relations governed within. Despite this however, lawyers may play a vital role in transforming the social order by providing the technical knowledge of the law and its particular deficiencies to aid society in ways of changing the current social order. Lawyers do not simply practice their profession within the court or within the law office. Lawyers who seek radical transformation of society may join other organizations who push for social changes. It can be as radical as lawyers who joined the struggle of the Sumilao farmers who rallied for their land while facing corporations like San Miguel, or it can be as subtle as lawyers who run for congress in order to propose, amend or repeal laws for the good of the country. 5.) A. Atty. Diokno provides that the standards for judging laws, policies, and institutions must take into consideration the rights of individuals, but also the rights of communities, must select a means of developing and using our natural resources to achieve a self-directed and selfsufficient economy, but particularly for those with lower incomes and lastly, to change relations and structures of relations between man and man, between groups and communities that perpetuate inequality. The standards present two principles. One is of reparation which seeks to repair the injustice inflicted upon society either by natural, accidental or human means, and the other principle is that of external revolution. The provisions in the constitutions are consistent with international laws which protect economic, social and culture, and human rights. In relation with the current issue on informal settlers, the constitution makes it clear that development, in as much as it is aimed towards the improvement of the standard of living, must consider the poor and the disadvantaged as its priorities. The issue on informal settlers is complicated, because we must deal with properties

which are legally acquired, and yet at the same time serve as a barrier in attaining social justice for those who really need the property the most. In my view, I believe that those who legally own the land should be protected by the law. However, this view does not necessarily imply that they must be excluded from the processes necessary to alleviate the poor who are to be affected by the court’s ruling in favor of their right to own the property. To illustrate, Private corporations must provide just compensation to the settlers who are to be expelled from their property. This can come in monetary or non-monetary forms such as employment. If the property is owned by the government, they may utilize the land to develop it into public utilities such as roads and infrastructure, but must also provide housing which are responsive to the specific needs of the settlers. If the relocation site is too far, government may construct public housing, and to alleviate such costs, may adopt rent to own schemes considering that informal settlers are capable of affording rent.

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