Nothing Special   »   [go: up one dir, main page]
Scribd Logo
Upload

Welcome to Scribd!

  • 29 views

    An Alumnus of A Particular Law School Has No Monopoly of Knowledge of The Law

    Uploaded by

    Venice Jamaila Dagcutan
    Judge Medel Arnaldo B. Belen berated and humiliated Atty. Melvin D.C. Mane during a hearing when Mane revealed he attended Manuel L. Quezon University and not the University of the Philippines. Belen insinuated lawyers from different law schools have unequal competence and knowledge. The Office of the Court Administrator found Belen's remarks were unjustified and recommended a reprimand. The Supreme Court held that a lawyer's competence is determined by passing the bar exam and not the law school attended. While a judge can cite for contempt, Belen overstepped by engaging in a derogatory personal discussion instead of addressing the case merits. Judges must remain composed and address legal issues regardless of

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd

    An Alumnus of A Particular Law School Has No Monopoly of Knowledge of The Law

    Uploaded by

    Venice Jamaila Dagcutan
    29 views1 page
    Judge Medel Arnaldo B. Belen berated and humiliated Atty. Melvin D.C. Mane during a hearing when Mane revealed he attended Manuel L. Quezon University and not the University of the Philippines. Belen insinuated lawyers from different law schools have unequal competence and knowledge. The Office of the Court Administrator found Belen's remarks were unjustified and recommended a reprimand. The Supreme Court held that a lawyer's competence is determined by passing the bar exam and not the law school attended. While a judge can cite for contempt, Belen overstepped by engaging in a derogatory personal discussion instead of addressing the case merits. Judges must remain composed and address legal issues regardless of

    Original Description:

    a

    Original Title

    Ethics

    Copyright

    © © All Rights Reserved

    Available Formats

    DOC, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Judge Medel Arnaldo B. Belen berated and humiliated Atty. Melvin D.C. Mane during a hearing when Mane revealed he attended Manuel L. Quezon University and not the University of the Philippines. Belen insinuated lawyers from different law schools have unequal competence and knowledge. The Office of the Court Administrator found Belen's remarks were unjustified and recommended a reprimand. The Supreme Court held that a lawyer's competence is determined by passing the bar exam and not the law school attended. While a judge can cite for contempt, Belen overstepped by engaging in a derogatory personal discussion instead of addressing the case merits. Judges must remain composed and address legal issues regardless of

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    29 views1 page

    An Alumnus of A Particular Law School Has No Monopoly of Knowledge of The Law

    Uploaded by

    Venice Jamaila Dagcutan
    Judge Medel Arnaldo B. Belen berated and humiliated Atty. Melvin D.C. Mane during a hearing when Mane revealed he attended Manuel L. Quezon University and not the University of the Philippines. Belen insinuated lawyers from different law schools have unequal competence and knowledge. The Office of the Court Administrator found Belen's remarks were unjustified and recommended a reprimand. The Supreme Court held that a lawyer's competence is determined by passing the bar exam and not the law school attended. While a judge can cite for contempt, Belen overstepped by engaging in a derogatory personal discussion instead of addressing the case merits. Judges must remain composed and address legal issues regardless of

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 1

    ATTY. MELVIN D.C. MANE v . JUDGE MEDEL ARNALDO B. BELEN A.M. No.

    RTJ-08-2119, 30 June 2008, SECOND


    DIVISION, (Carpio Morales, J.)

    An alumnus of a particular law school has no monopoly of knowledge of the law.

    Petitioner Atty. Melvin D.C. Mane filed a letter-complaint to the Office of the Court Administrator (OCA) charging respondent Judge
    Medel Arnaldo B. Belen of ―demeaning, humilating,and berating‖ him during a hearing of (Rural Bank of Cabuyao, Inc. v. Samue
    Malabanan, et al) where Mane was counsel for the plaintiff. During the proceedings, Belen asked Mane about the latter’s law school.
    When Mane answered that he came from Manuel L. Quezon University (MLQU), Belen told him: ―Then you’re not from UP. Then
    you cannot equate yourself to me because there is a saying and I know this, not all law students are created equal, not all law schools
    are created equal, not all lawyers are created equal despite what the Supreme Being that we all are created equal in His form and
    substance. Belen further lambasted Mane and lectured him on the latter’s person, seemingly disregardingthe case at hand. Subsequently,
    the OCA, upon evaluation, found that Belen’s insulting remarks were unwarranted and inexcusable and recommended a reprimand of
    Belen.
    ISSUE
    : Whether or not the statements and actions made by Judge Belen during the hearing constitute conduct unbecoming of a judge and a
    violation of the Code of Judicial Conduct
    HELD
    The Court held that an alumnus of a particular law school has no monopoly of knowledge of the law. By hurdling the Bar Examinations
    which the Court administers, taking of the Lawyer’s oath, and signing of the Roll of Attorneys, a lawyer is presumed to be competent to
    discharge his functions andduties as, inter alia an officer of the court, irrespective of where he obtained his law degree. For a judge
    todetermine the fitness or competence of a lawyer primarily on his alma mater is clearly an engagement in an argumentum ad hominem.
    A judge must address the merits of the case and not the person of the counsel. If Judge Belen felt that his integrity and dignity were
    being ―assaulted,‖ he acted properly when he directed complainant to explain why he should not be cited for contempt. He went out of
    bounds, however, when he engaged on a supercilious legal and personal discourse.The Court reminded members of the bench that even
    on the face of boorish behavior fromthose they deal with, they ought to conduct themselves in a manner befitting gentlemen and high
    officers of the court

    You might also like