Legal and Judicial Ethics by Agpalo PDF: An Overview of the Principles and Rules of the Legal Profession and the Judiciary in the Philippines
Agpalo Legal And Judicial Ethics.pdf: A Review
Introduction
Legal and judicial ethics are essential aspects of the administration of justice and the rule of law. They govern the conduct and behavior of lawyers and judges in their professional roles and responsibilities. They also reflect the values and ideals of the legal system and society at large.
Agpalo Legal And Judicial Ethics.pdf
In this article, I will review a book that deals with legal and judicial ethics in the Philippine context. The book is titled Legal and Judicial Ethics by Ruben E. Agpalo. It is a PDF file that can be downloaded from various online sources . It is divided into two parts, each containing several chapters that cover different topics related to legal and judicial ethics.
In this review, I will first provide some background information on what legal and judicial ethics are, who Ruben E. Agpalo is, and what are the main features of his book. Then, I will summarize the contents of each chapter in the book. Next, I will evaluate the strengths and weaknesses of the book, as well as offer some recommendations for improvement. Finally, I will conclude by summarizing the main points of the review, discussing the implications of the book for legal education and practice, and giving my final verdict on the book.
What is legal and judicial ethics?
Legal ethics is defined as "the branch of moral science which treats of the duties which an attorney owes to his client, to his adversary or opponent in litigation, to his professional brethren or colleagues, to his court or judge before whom he practices his profession, to himself as a lawyer or officer of court, to society as a member thereof or as an instrumentality thereof for securing justice among men" .
Judicial ethics is defined as "the branch of moral science which treats of those principles which ought to govern judges in their official conduct" . It also includes "the standards by which judges are held accountable for their official conduct" .
Both legal and judicial ethics are based on the principles of justice, fairness, impartiality, integrity, competence, independence, and public service. They are also guided by the codes of professional conduct and responsibility that are adopted by the Supreme Court of the Philippines and other relevant authorities. These codes include the Code of Professional Responsibility for lawyers and the New Code of Judicial Conduct for judges .
Who is Ruben E. Agpalo?
Ruben E. Agpalo is a Filipino lawyer, educator, author, and public servant. He was born on June 10, 1929 in Manila. He obtained his Bachelor of Laws degree from the University of the Philippines in 1952 and passed the bar examination in the same year. He also earned his Master of Laws degree from Yale University in 1956 and his Doctor of Juridical Science degree from Harvard University in 1960 .
He taught law at various universities in the Philippines, such as the University of the Philippines, Ateneo de Manila University, San Beda College, Far Eastern University, and Philippine Christian University. He also served as a professorial lecturer at the Philippine Judicial Academy and the Philippine Association of Law Schools. He was a prolific writer who authored several books and articles on various legal topics, especially on constitutional law, administrative law, statutory construction, legal ethics, and judicial ethics .
He was also active in public service. He served as a legal consultant to various government agencies and officials, such as the Senate, the House of Representatives, the Office of the President, the Department of Justice, and the Commission on Elections. He also served as a member of various constitutional commissions and committees that drafted or revised the Philippine Constitution in 1971, 1986, and 1998 .
He was recognized for his outstanding achievements and contributions to the legal profession and society. He received numerous awards and honors, such as the Presidential Medal of Merit in 1973, the Outstanding Alumnus Award from the University of the Philippines Law Alumni Association in 1984, the Outstanding Law Professor Award from the Philippine Association of Law Schools in 1990, and the Chief Justice Ramon Avanceña Award for Distinguished Service to Jurisprudence from the Integrated Bar of the Philippines in 2004 .
He passed away on February 21, 2012 at the age of 82 .
What are the main features of the book?
The book Legal and Judicial Ethics by Ruben E. Agpalo is a comprehensive and authoritative source of information on legal and judicial ethics in the Philippines. It was first published in 1979 and has been revised and updated several times since then. The latest edition is dated 2009 .
The book is divided into two parts: Part I deals with legal ethics and Part II deals with judicial ethics. Each part contains several chapters that cover different topics related to legal and judicial ethics. The book has a total of 830 pages .
The book is written in a clear and concise manner that is easy to understand and follow. It provides a thorough discussion of the principles and rules of legal and judicial ethics, as well as their historical development, theoretical foundations, practical applications, and contemporary issues. It also cites relevant cases, laws, opinions, doctrines, commentaries, and authorities that support or illustrate its points. It also includes tables, charts, diagrams, footnotes, appendices, and indexes that enhance its presentation and usefulness.
The book is intended for law students, lawyers, judges, and other legal professionals who want to learn more about legal and judicial ethics or who need to refresh their knowledge on these subjects. It is also useful for teachers, researchers, scholars, policymakers, legislators, and other interested readers who want to gain insights into the legal system and society of the Philippines.
Summary of the book
Part I: Legal Ethics
Part I of the book deals with legal ethics. It consists of eight chapters that cover different aspects of legal ethics.
Chapter 1: The Lawyer and Society
This chapter discusses the role and function of lawyers in society. It explains that lawyers are officers of court who have a duty to uphold justice and promote public welfare. It also explains that lawyers are members of society who have a duty to respect human rights and dignity.
Chapter 2: Admission to the Bar
This chapter discusses the requirements and procedures for admission to the bar in the Philippines. It explains that admission to the bar is a privilege and not a right, and that it is subject to the regulation and supervision of the Supreme Court. It also explains that admission to the bar involves two stages: passing the bar examination and taking the lawyer's oath.
This chapter also discusses the qualifications and disqualifications for admission to the bar. It explains that applicants must possess certain academic, moral, and physical qualifications, such as being a citizen of the Philippines, being at least 21 years old, having a bachelor's degree and a law degree from a recognized school, having good moral character, and being in good health. It also explains that applicants may be disqualified for certain grounds, such as conviction of a crime involving moral turpitude, violation of the lawyer's oath, gross misconduct, or mental incapacity.
Chapter 3: Privileges and Duties of Lawyers
This chapter discusses the privileges and duties of lawyers as officers of court and as members of the legal profession. It explains that lawyers have certain privileges that enable them to perform their functions effectively, such as being exempt from arrest for civil cases while attending court sessions, being entitled to appear before any court or tribunal in the Philippines, being entitled to collect fees for their services, and being protected from contempt or libel for their statements in good faith.
This chapter also discusses the duties of lawyers to various entities and persons, such as their duty to the courts, their duty to their clients, their duty to their adversaries or opponents, their duty to their colleagues or brethren, their duty to themselves, and their duty to society. It explains that these duties are based on the principles of justice, honesty, loyalty, fidelity, diligence, courtesy, and civility.
Chapter 4: The Lawyer and the Legal Profession
This chapter discusses the nature and organization of the legal profession in the Philippines. It explains that the legal profession is a noble and honorable vocation that requires high standards of competence and conduct. It also explains that the legal profession is a self-regulating body that is subject to the authority of the Supreme Court.
Chapter 5: The Lawyer and the Courts
This chapter discusses the relationship and interaction between lawyers and courts in the administration of justice. It explains that lawyers and courts have a mutual respect and cooperation that is based on their common goal of upholding the rule of law. It also explains that lawyers and courts have a mutual duty and responsibility to maintain the dignity, integrity, and efficiency of the judicial system.
This chapter also discusses the various rules and guidelines that govern the conduct and behavior of lawyers and courts in their dealings with each other. It explains that lawyers have a duty to observe proper decorum and etiquette in court, to respect and obey court orders and processes, to avoid undue influence or interference with court officials or personnel, to refrain from forum shopping or abuse of remedies, to avoid frivolous or malicious actions or defenses, and to report any misconduct or irregularity committed by judges or other lawyers. It also explains that courts have a duty to treat lawyers with courtesy and fairness, to decide cases impartially and promptly, to respect the rights and privileges of lawyers, to avoid bias or prejudice against any party or counsel, to refrain from commenting on pending cases or matters, and to discipline any lawyer who violates the rules of professional conduct.
Chapter 6: The Lawyer and His Client
This chapter discusses the nature and scope of the lawyer-client relationship. It explains that the lawyer-client relationship is a fiduciary one that is based on trust and confidence. It also explains that the lawyer-client relationship is a contractual one that is governed by the terms and conditions agreed upon by the parties.
This chapter also discusses the various rights and obligations of lawyers and clients in their relationship. It explains that lawyers have a right to be paid for their services, to withdraw from a case for justifiable reasons, to refuse to handle a case that is illegal or unethical, and to be protected from liability for their acts done in good faith. It also explains that lawyers have an obligation to represent their clients zealously and faithfully, to protect their clients' interests and confidences, to advise their clients honestly and competently, to communicate with their clients effectively and promptly, to account for their clients' funds and properties, and to avoid conflicts of interest or undue influence.
Chapter 7: The Lawyer and His Adversary or Opponent
This chapter discusses the relationship and interaction between lawyers and their adversaries or opponents in litigation. It explains that lawyers and their adversaries or opponents have a duty to uphold justice and fairness in their dealings with each other. It also explains that lawyers and their adversaries or opponents have a duty to respect each other's rights and privileges as officers of court.
This chapter also discusses the various rules and guidelines that govern the conduct and behavior of lawyers and their adversaries or opponents in litigation. It explains that lawyers have a duty to deal with their adversaries or opponents honestly and honorably, to avoid personal attacks or insults, to refrain from harassing or intimidating witnesses or parties, to cooperate in the discovery process the power to decide cases and controversies in accordance with the law and evidence, to issue writs and orders necessary for the administration of justice, to promulgate rules of procedure and practice, to exercise administrative supervision over courts and court personnel, and to discipline erring lawyers and judges.
Chapter 11: Duties and Responsibilities of Judges
This chapter discusses the duties and responsibilities of judges in the Philippines. It explains that judges have a duty to uphold the Constitution and the laws, to administer justice impartially and without delay, to be faithful to the law and maintain professional competence, to be independent and free from external influence or interference, to be courteous and respectful to all persons who appear before them or are affected by their decisions, to avoid impropriety and the appearance of impropriety in their conduct and behavior, to protect and enforce the rights and liberties of the people, and to promote public confidence in the integrity and efficiency of the judiciary.
This chapter also discusses the various rules and guidelines that govern the conduct and behavior of judges in the Philippines. It explains that judges are bound by the New Code of Judicial Conduct that was adopted by the Supreme Court in 2004. It also explains that judges are subject to disciplinary action for any violation of the Code or any other law or rule relating to judicial ethics.
Chapter 12: Administrative Supervision over Courts and Court Personnel
This chapter discusses the administrative supervision over courts and court personnel in the Philippines. It explains that the Supreme Court has the power and duty to exercise administrative supervision over all courts and court personnel in the Philippines. It also explains that the Supreme Court has the power and duty to appoint all officials and employees of the judiciary, except those covered by the Civil Service Law.
This chapter also discusses the various rules and guidelines that govern the administration of courts and court personnel in the Philippines. It explains that courts and court personnel are subject to the Civil Service Law and Rules, as well as other laws and rules pertaining to their office. It also explains that courts and court personnel are subject to performance evaluation, audit, inspection, investigation, and reporting by the Supreme Court or its authorized agencies or officials.
Evaluation of the book
Strengths of the book
The book Legal and Judicial Ethics by Ruben E. Agpalo has many strengths that make it a valuable and reliable source of information on legal and judicial ethics in the Philippines. Some of these strengths are:
It is comprehensive and authoritative. It covers all the essential topics related to legal and judicial ethics in a thorough and systematic manner. It also cites relevant cases, laws, opinions, doctrines, commentaries, and authorities that support or illustrate its points.
It is clear and concise. It is written in a simple and straightforward language that is easy to understand and follow. It also uses tables, charts, diagrams, footnotes, appendices, and indexes that enhance its presentation and usefulness.
and judicial ethics in the Philippines. It incorporates the changes and amendments in the laws and rules governing legal and judicial ethics. It also discusses the current challenges and opportunities facing the legal profession and the judiciary.
It is insightful and informative. It provides a historical and theoretical background on legal and judicial ethics. It also provides practical and ethical guidance on how to deal with various situations and dilemmas that may arise in legal and judicial practice.
It is useful and applicable. It is intended for law students, lawyers, judges, and other legal professionals who want to learn more about legal and judicial ethics or who need to refresh their knowledge on these subjects. It is also useful for teachers, researchers, scholars, policymakers, legislators, and other interested readers who want to gain insights into the legal system and society of the Philippines.
Weaknesses of the book
The book Legal and Judicial Ethics by Ruben E. Agpalo also has some weaknesses that may limit its effectiveness and appeal. Some of these weaknesses are:
It is lengthy and dense. It has a total of 830 pages that may be overwhelming or intimidating for some readers. It also contains a lot of information that may be difficult to absorb or retain.
It is formal and academic. It is written in a scholarly and technical style that may be boring or dry for some readers. It also uses a lot of legal terms and jargon that may be unfamiliar or confusing for some readers.
It is outdated and obsolete. It was last revised in 2009, which means that it may not reflect the most recent developments and issues in legal and judicial ethics in the Philippines. It may also contain some errors or inaccuracies that may affect its credibility or reliability.
It is biased and subjective. It reflects the personal views and opinions of the author, who may have a certain perspective or agenda that may not be shared or agreed by all readers. It may also lack diversity or inclusivity in terms of the sources or references that it uses or cites.
It is expensive and inaccessible. It is sold at a high price that may not be affordable or reasonable for some readers. It is also available only in PDF format that may not be compatible or convenient for some devices or platforms.
Recommendations for improvement
The book Legal and Judicial Ethics by Ruben E. Agpalo can be improved in several ways to address its weaknesses and enhance its strengths. Some of these ways are:
It can be shortened and simplified. It can reduce its length by eliminating unnecessary or redundant information or by summarizing or condensing some parts. It can also simplify its language by using plain and simple words or by explaining or defining some terms or concepts.
and conversational style that may attract and retain the attention of the readers. It can also use more examples, anecdotes, stories, or illustrations that may make the information more relatable and memorable.
It can be updated and revised. It can incorporate the latest developments and issues in legal and judicial ethics in the Philippines. It can also correct any errors or inaccuracies that may affect its credibility or reliability.
It can be more balanced and objective. It can acknowledge and address different views and opinions on legal and judicial ethics. It can also use more diverse and inclusive sources or references that may reflect different perspectives or experiences.
It can be more affordable and accessible. It can lower its price to make it more affordable or reasonable for the readers. It can also make it available in other formats or platforms that may be more compatible or convenient for the devices or preferences of the readers.
Conclusion
Summary of the main points
In this article, I have reviewed the book Legal and Judicial Ethics by Ruben E. Agpalo. This is a book that covers the principles and rules of legal and judicial ethics in the Philippines. It is divided into two parts: Part I deals with legal ethics and