“Spirit of the law: Vital tool for the bar and law practice”, was the talk delivered by Atty. Marcelino “Mars” Maxino.
Last January 12, 2018, the Dr. Jovito R. Salonga Center for Law and Development (JSCLD) organized a forum on “Spirit of the law: Vital tool for the bar and law practice” held at the Justice Venancio D. Aldecoa Moot Court, College of Law, Silliman University, to inspire and to give tips to future lawyers of this country. This is with the beloved guest speaker Atty. Marcelino “Mars” Maxino also known as Lolo Mars of the SU College of Law, who had the par excellence experience in litigation not only in the Philippines but even at the courts of California.
“A man may break the letter of the law without breaking the law itself”, said Atty. Mars. After hearing this, questions quickly arose at the back of the mind of every listener and they began to wonder why. Lolo Mars then started expounding this using analytical aid.
The talk started with the cases of the “Wooden Pump” and “The Charge of the Light Brigade” (Battle of Balaclava). These cases gave insights to what happens when law is measured solely by standards from the law itself. As Lolo Mars emphasized, “It will cost you your life if you rely with the letter of the law — if you rely on the rules only”. Tricky as it sounds, this is meant to let every aspiring lawyer to avoid strict interpretation of the letter of the law but to base it on its intent as well. This vital tool is necessary to law students and future lawyers to become not only effective and efficient lawyers but also good lawyers of the society too.
He then discussed as to how and where to find the spirit of the law. It is found in the history of the legislation, its introduction, and preamble. While these are not part of the law, it is important to ascertain the spirit or its intent.
To further grasp the ideas, Lolo Mars recognized that underlying every law is the Constitution – the supreme law of the land. And underlying this Constitution is its philosophical foundation: the Natural law, the Positivism and the Utilitarianism. The listeners were nothing but fascinated and in awe while listening throughout the ideas of Sophocles, Locke, Aristotle, Aquinas, Hobbes, Locke, Rousseau, Grotius, Austin, Holmes, Roscoe Pound, Bentham and Mill. These ideas guided the legislators in enacting laws and rules of the land.
Lastly, relevant illustrations were presented, such as the doctrine of condonation, all cards on the table, and concealing exculpatory evidence. These well-discussed illustrations by Lolo Mars made the listeners understand that there is indeed the spirit of the law.
Before the talk ended, an open forum was given to the aspiring lawyers to ask questions and to give clarifications relating to the topic. One of which was given by Katrina Bahinting, a first year law student of Silliman University.
This talk did not only give the aspiring lawyers lifetime tips to interpret and apply the law but also gave recognition of a simple gathering of the law schools of Dumaguete City, Negros Oriental. Big thanks to the volunteers and to the deans of the respective law schools for heeding the request of participation namely: Atty. Sheila Lynn Besario (Dean, College of Law, SU), Atty. Jesus Ramon Quevenco (Dean, College of Law and Jurisprudence, FU), and Atty. Mikhail Lee Maxino (Acting Dean, College of Law, NORSU and the Director of Salonga Center).
Charmila Siplon, JD-II, Silliman University
