Tag Archives: Law School

Navigating the Principle of Legality: Examining the Latin Maxim “Nullum crimen sine poena, nulla poena sine lege”

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Law Professor: Today we will be discussing the Latin maxim “Nullum crimen sine poena, nulla poena sine lege.” Can anyone tell me what this means in English?

Law Student: Professor, it means, “No crime without punishment; no punishment without law.”

Professor: Excellent. This maxim embodies the Principle of Legality. It means that before a person can be punished for an act, there must first be a law that defines and punishes such act as a crime.

Student: Professor, let’s say a person kills another person in self-defense, but no law explicitly allows for self-defense as a justification for killing someone.

Professor: Interesting scenario. So, you are trying to say that if there is no law allowing for self-defense as a justification, then the killer would be punished for their crime, correct?

Student: Yes, Professor. That’s what I mean.

Professor: Ok, but what if the killer was a robot programmed to protect its owner, and the robot killed a person who was attacking its owner? Since no law makes robots criminally liable, then the robot, as the killer, would not be punished because of the maxim, right?

Student: Professor, in that case, criminal liability should be on the robot’s programmer or on the company which created the robot.

Professor: Ok, but what if the robot was programmed with artificial intelligence or A.I. and it decided to kill the attacker on its own?

Student: Professor, so, it means that without a law providing for criminal liability or punishment, then the maxim would apply and no one could be held criminally liable for the killing?

Professor: Precisely, and that is the challenge of the law. It must be able to adapt and evolve to keep pace with the ever-changing world.

Now, imagine a world where there is no government, no laws, and no society. Can anyone tell me what would happen in such a world?

Student: There would be chaos, Professor. People would be free to do whatever they want without any consequences.

Professor: Exactly. And in such a world, the maxim “Nullum crimen sine poena, nulla poena sine lege” would not apply.

But let’s take it a step further. Imagine a dictator takes over and creates a society with laws, but also creates punishments that are completely arbitrary and unjust. In this society, would the maxim still apply?

Student: No, Professor. The punishments would be in accordance with the laws created by the dictator, but they would not be just and fair punishments.

Professor: Exactly. The dictator’s laws may be in place, but if they are unjust, they do not align with the principles of justice embodied in the maxim “Nullum crimen sine poena, nulla poena sine lege.” Even though the punishments are in accordance with the laws, they are not in accordance with the principles of justice and fairness.

Now, let’s take it even further. Imagine a society where the laws change every day, and people are punished for crimes they didn’t even know existed. In this society, would the maxim still apply?

Student: No, Professor. The people wouldn’t know what the laws were and couldn’t abide by them.

Professor: Excellent. So, in order for the maxim “Nullum crimen sine poena, nulla poena sine lege” to apply, there must be a just and fair society with laws that are clear and consistent. And it is the role of the legal system and legal professionals to ensure that these principles are upheld.

Student: But what about laws that are unjust or discriminatory, Professor?

Professor: That is a good point. The maxim “Nullum crimen sine poena, nulla poena sine lege” must also be balanced with other principles such as equality before the law and protection of human rights. It’s a delicate balance, and it’s our responsibility as legal professionals to navigate it with integrity and morality.

Student: That’s very profound, Professor.

Professor: Thank you. Always remember, the study of law is not just about memorizing facts and cases, it’s about understanding the principles of justice and how they apply to the world around us. It’s also about understanding that laws are not static, they are ever-evolving, and it’s our duty to strive for a more just society. The study of law is not just about winning cases; it’s about seeking justice and making a positive impact on society. And that, my dear students, is the most exciting and profound aspect of the law.

Philippine Bar Exams Trivia

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(Originally posted in 2006 on my previous website. Updated 22 March 2017.)

1st Bar Exams:

  • 1901 with only 13 examinees

Highest Grade of All Time:

  • 96.7 in the 1954 Bar Exams by Florenz Regalado of San Beda College

2nd Highest Grade of All Time:

  • 95.95 in the 1954 Bar Exams by Renato L. de la Fuente of San Beda College

3rd Highest Grade of All Time:

  • 95.85 in the 1949 Bar Exams by Anacleto C. Mañgaser of the Philippine Law School (PLS)

4th Highest Grade of All Time:

  • 95.5 held by Manuel G. Montecillo of Far Eastern University (FEU) in the 1948 Bar Exams &  Antonio R. Quintos of Ateneo de Manila University in the 1954 Bar Exams

5th Highest Grade of All Time:

  • 95.3 in the 1944 Bar Exams held by Jovito R. Salonga of the University of the Philippines & Jose W. Diokno, who did not finish his law studies

Bar Topnotchers (1st Placers) to become Presidents of the Philippines:

  • Manuel A. Roxas (University of the Philippines), 1913 Bar Exams with a grade of 92.

  • Diosdado P. Macapagal of the University of Sto. Tomas, 1936 with a grade of 89.85

  • Ferdinand E. Marcos of the University of the Philippines, 1939 with a grade of 92.35

Other Bar Placers to become Presidents of the Philippines:

  • Sergio S. Osmeña (University of Santo Tomas), 2nd Place – 1903 Bar Exams

  • Manuel L. Quezon, (University of Santo Tomas), 4th Place – 1903 Bar Exams

  • Elpidio R. Quirino (University of the Philippines), 2nd Place – 1915 Bar Exams

  • Carlos P. Garcia (Philippine Law School), 6th Place – 1923 Bar Exam

The only non-Bar Placer to become the President of the Philippines:

  • Rodrigo R. Duterte of San Beda College, 1972 Bar Exams

Facts about the Jose W. Diokno Legend:

  • Diokno was born on February 26, 1922.

  • Diokno earned his Bachelor’s Degree in Commerce Summa Cum Laude in 1940 at De La Salle College (now De La Salle University).

  • He took the CPA Board Exam in 1940 while he was in his second year in law school and placed No. 1.

  • In 1944, he petitioned the Supreme Court to take the Bar Exams without a law degree.

  • The Supreme Court granted his petition, and he took the Bar Exams in 1944 and tied with the Class Valedictorian of U.P. for the 1st Place with a grade of 95.3.

  • Diokno is the only one who placed 1st in both the CPA board exams & the Bar Exams.

Facts about the Claro M. Recto Legend:

  • Recto was born on February 8, 1890, at Tiaong, Tayabas (now Quezon Province).

  • He graduated with a Bachelor of Arts degree from Ateneo de Manila where his grades were all perfect (1.0), except only for one 1.3. He was conferred by Ateneo with Maxima Cum Laude honors (highest honors conferred by Ateneo).

  • He took the Bar Exams in 1913 while he was still in his senior year in law school at the University of Santo Tomas – and FLUNKED.

  • He finished his law degree in 1913, Class Valedictorian, University of Santo Tomas.

  • The 1913 Bar Exams marked the first time that the test questions in Civil Procedure were in English, a new language in which Recto could not express himself very well.

  • Justice Fischer, the examiner in Civil Procedure, also noted that Recto’s handwriting was very difficult to understand.

  • Justice Fischer gave Recto a grade of 41 which automatically disqualified him.

  • Recto took the Bar Exams again in 1914 and passed. The No. 1 topnotcher of the 1914 Bar  exams was Manuel Goyena.

  • After passing, Recto wrote two books on Civil Procedure.

  • When Recto studied in Ateneo and UST, the medium of instruction was Spanish. Manuel Roxas, on the other hand, UP’s Class Valedictorian who topped the 1913 Bar Exams was a product of the US public school system and had spent a year in Hong Kong to better equip himself with American English before taking the Bar.

Facts about the Ferdinand E. Marcos Legend:

  • Marcos was born on September 11, 1917.

  • In college, Marcos’ principal interest was the .22-caliber college pistol team.

  • On September 20, 1935, Julio Nalundasan was at home celebrating that day’s Congressional election victory over Mariano Marcos when he was shot and killed by a .22-caliber bullet alleged fired by the 18-year-old Marcos.

  • On December 13, 1938, Marcos was arrested for Nalundasan’s murder but he successfully petitioned for release on bail, allowing him to complete his law degree from the University of the Philippines.

  • In 1939, Marcos was found guilty and sentenced to a minimum of 10 years in prison.

  • Jailed, Marcos spent six months writing his own 830-page appeal while reviewing for the Bar Exams at the same time.

  • Marcos posted bail to take the 1939 Bar Exams and passed with scores so high he was suspected of cheating.

  • Legends say that his unofficial Grade was 98.5 and so he was summoned to appear before the Supreme Court en banc for an oral re-examination, after which his official grade was released as 92.35.

  • Marcos is the only Bar candidate who was called by the Supreme Court for an oral re-examination.

  • In 1940, Marcos orally argued his own case in front of Supreme Court Justice Jose P. Laurel and on October 22, 1940, he was acquitted of the charge of murder and forthwith liberated from imprisonment.

  • The next day, he returned to the Supreme Court where he was administered his oath as a lawyer.

1st woman to Top the Bar (1st Place):

  • Tecla San Andres-Ziga of the University of the Philippines placed No. 1 in the Bar Exams of 1930 with a grade of 89.4. She served as Senator of the Republic of the Philippines from 1963 to 1969.

2nd woman to Top the Bar (1st Place):

  • Cecilia Munoz-Palma (University of the Philippines) became the 2nd woman to place No. 1 in the Bar Exams in 1937 with a grade of 92.6. She later became the 1st woman Supreme Court Justice in 1973 and the 1st female President of a constitutional commission in 1986.

Bar Flunker who Placed 1st on his Second Take:

  • Francisco Noel R. Fernandez (University of the Philippines) failed in the 1993 Bar Exams but placed No. 1 in the 1994 Bar Exams with a grade of 89.2.

1st Aeta Lawyer:

  • Wayda Cosme (Harvardian Colleges) passed the Bar Exam in 2001 to become the 1st Aeta Lawyer.

Falling in Love with the Study of Law

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Two weeks ago, I received a private message from a law student about her problem with memorizing and remembering the law. Since she had shared my reply on her Facebook timeline, I guess I also have to share it with all of you. My reply:

“You’re right, no one can memorize all the law. But who needs to? The law is already written, mostly codified, and is immediately available in just one click of a button.

“Since your teachers are saying you know too much, then you must not have a problem remembering the law after all. So probably, your teacher is also right that you tend to miss what the question is all about.

“If that is the case, the problem is not about remembering what you have read, but about picking up the correct information from all that you have read.

“MY SUGGESTION IS VERY SIMPLE: YOU SHOULD NOT STUDY THE LAW MERELY FOR THE SAKE OF DOING WELL IN RECITATIONS, PASSING YOUR LAW SCHOOL EXAMS, SURVIVING LAW SCHOOL, HURDLING THE BAR, OR BECOMING A LAWYER. YOU HAVE TO STUDY THE LAW BECAUSE YOU ARE IN LOVE WITH THE STUDY OF THE LAW.

“CREATE A THEATER OF DIFFERENT HUMAN ACTIVITIES IN YOUR MIND, AND SEE THE LAW IN ACTION. VISUALIZE HOW THE LAW INTERACTS WITH PEOPLE AND THE SOCIETY, HOW IT OFFERS SOLUTIONS TO PROBLEMS, HOW IT FACILITATES TRANSACTIONS, HOW IT NURTURES RELATIONSHIPS, HOW IT PRESERVES ORDER, AND HOW IT AFFECTS HUMAN THOUGHT. WHEN YOU CAN DO THIS, THE LAW WILL COME TO LIFE, AND YOU WILL SEE IT EVERYWHERE, AND YOU WILL FALL IN LOVE WITH THE STUDY OF LAW.

“AND WHEN YOU FALL IN LOVE WITH THE STUDY OF LAW, YOU WILL NEVER FORGET IT AGAIN. AND THE KNOWLEDGE THAT IT GIVES, YOU CAN NO LONGER UNLEARN IT. IT WILL BE YOURS FOREVER.”