Book review

Media

Part of The Lawyers Journal

Title
Book review
Creator
Adriano, Lope E.
Language
English
Year
1952
Subject
Francisco, Vicente J. Revised Penal Code
Revised Penal Code.
Criminal law.
Legal literature.
Book reviewing.
Rights
In Copyright - Educational Use Permitted
Fulltext
Book Review REVISED PENAL CODE-: by Vfcente J. Franc:seo, · i-tpaired, so--h~d Pean -~r&ncisco .incisively cut tQ th~.d~ East Publishing, 1952. Vols. 1 & ·2, !"19.00 a volume; "'1ilosophical beds underlying e~ch provi.ioo of the peoo) .cad•. P35.00. a set. This was don_e. · ~ the. pref a~ -states, '"not out of presuJP.pbOn. None has contributed more to the country_'s legal literature but in the honest 'ConvicriC!n that a coUection of prO'lisians of l~w. than Dean Vicente J. Francisco. He has written Jegal treati~es and decided case_s must ·necessarily be haphazard, co~ing, _and and texts 00 almost ~ery ph~e of th~ Jaw, and always, each in the end of little help or value, unless it is brought together and field of the Jaw upon whicft-his .. incisive mind has ploughed. has ciianized oi:i the basi!· of· principles." · been enriched thereby. Every book he has written i's concededly At the same ·time. the ~mphasis due to judicici.I jnt~re~~On authoritative. and on more th~n one· occasion, the Supren:ie Coui-t, and applications. of:our criminal law wa'S not neglected.· OQ the iu its ,decision·. made reference to some of them. And if all the contrary, discus'sion ·of the decisional -l~w on the subjeCt waS made l<·gal tre~thes and texts he .bad previously written bear~~ i~ ruore comprehensive; by the manner of-presentation adopted;.'i~ preas of authority, that impress. ~ould be m~re m:u~ed and mdub!- is made in question and answer form in the maDDer. of Viada. table on his latest book. the sub1ect of wh1ch-cr1mmal law-~e IS The legal problem posed by every proviso in the penal code··and most qualified to write about. To, this subjec~, he h~ de_dicated a i:.> solution are presented in a direq, dramptic and .e~ly . .'.UIJ:dergreat portion of his life;· to his su~~. in its practice, he ow;" standable way. S~ch mode of approach· makes possible a :commuch of his fame as a legal practitioner. Indeed, the Dean s prehensive di~ussioa of almost al~ !he c&Jes decided. by the Suname has become inextricably linked, has become almdit synony- preme Court m connection with the particular proviso in. qu'81'.io1• mous even, with criminal law. It is not surpnsmg. ther~re. that Tl;n~s, the book i~ !lot only. an analytical study of the philosophy the publication of the present volume has been much awaited and behind each prov1s~c:m of: the code; it ah!o serves :the purpose of a. so well received. ca~-book. ynth th_1s deci..ded advEmtage: that it is.. presented in a Th I th ost ecent~ of the commentaries f4?.rm m~t c~nvenient both. for die busy la'Y}'er in the provinces th 'R ~dfa vol'C:Je ~w':s pr:mpted by the author's .. ~ - ·who clue. t~ c1rcumstan~ ~ftim~ beyond his·con~ol. -~annot keep on e evrse ena . • l d k .1 bl t th abrealst-with· all th.e decmons of the Su.preme Court -as· well a~ lief th.at i~ is his pro~ession.a th uty tod~a f av~! ·~at la:,~. Aii for the candidate for the bar. whO will find in· the n~er mode of hkni~ pr1~1~nal .experhien~~ . m k ~ t:a n~~: s:lf .citmbecomes ~f any app~ach, apt trainin!. in· how· to make effective answers to b·ar ow c."'tSe .. IS vam w en It is. ep 0 • • . I d questions. · use only when im~arted to oth~rs. The 1mp,artmg of know e ge: hc.wever. will be ineffectual, 1f not 4one·lYJ.th a noble ~urpose. Taken.all.tog~theJ!, Pean Francisco's Revised Penal~CodP. The· present work, impelled as it had been b.r the . auieor s ~en'Se is the most comp_re,flensiy~ s~udy. of· criminal law. so far pUblilm.ed. of kiruhip with his feJlow lawyers. and by his desire· ~ aid ID E;ach article of t,h~ ':Revised Penal Code is treated first, from ·its the fulfillment ·of the profession's ·pledge to defend_ t~e m~oce~t h1srorical aqd philosOphical background. folJowed by .the judicial and bring the guilty to jwtice." ha~ such .. a purpose. An~ m thi5' int~rpretations made tliereof. In conttovei~al ··questions, ·and iri st-nse, the book may tightly be; called a labour of love. the a~nce of decisions· by· the hil'her courts oil the matter, the • · · d k I · · auth~r ~tigg~t_s possible solutions. In the book, on~· readily ~ Dean Francisco's RetJiseJ Penal Co e ma es a we~ome the hand of )1. legal craftsman: ·it" is Written in a scholarly, ·but departure from the usual technique employed by other co~men- r~adable and far from pedilntic. ·manner. It breathes the spirit tators on the penal law. The autho~ has n~ contented hmrself and intent of the purpdie and fpnction of our· criminal law. It with citing and reproduci~g controlhn~ ~ecisions. but ha~ v~~- is compact but thorough in the treatment of the subjec't mat. tufed farther afield by settmg .down pri~cip~es and c~me~t~rie_s ter, anf] should be a cre~it to. the profeesionaJ library of judge;s derived from the ohilosophy and the Jurisprudence of cmrunal and ]awyers as well as to the bookshelf of stUdents ·bf law. law. As a skillful surgeon artfully cuts to l'et to the affected parts of the human anatomv sO that thev can .be remov._ed_o_• _____ ---------AT_. T_Y_. __ L __ oP~E~E_. A_D_R_r_AN_o_ IS A LA WYER . • . (Continued· from page 620) son argues, may not affect thi: character or soul of -ihe ·waJk~!". b h If Pleading earne~.Jy a cause which the lawyer knows to be untrq.e sent the· 6xte~uating facts &nd circumsta~ces on his client's e a · cannot btit perqiciously affect his charader. Chicanery and .insincerity sho~ld be nQ part of a lawyer's Whatever the situ.ation wa\s in JOhnson's day •. there should rnake-.up in any case. be no ~rtifi~ at the B~i:. Nor shoul~ a man "resume. his: W~aJ LeJ us return for a moment to the deliR"htful dialogue between behaviour .. the moment he comes from ihe Bar. The JaWjrer's Baswell and Johnson. It makes wonderful reading. Is it a reel usual behavior both in his office. and 8.t the Bar and in Societ\'. answ~ to the question pqsed p.t the b,eginning of .. this an~cle? should be that pf a man of pr~ity •: integrity aiid absolute dep~D.o. you_; MJ\ Lawyer, or 'ihdeeci UY human being posse~s dability. , ~ , tlie ambivalenee· to dissilllU.late ·in the courtroom, and· to .. resum~ The argument that a lawyer should be a mouthpiece for bi) your usual behaviour'·'. when you come from the Bar? Can yo11 client, indelicate as that connotation may be, is specious and onl.V throw off insincerity. and dissimulation. in the courtroom as thouP.I; logical to a limited extent. A lawyer shou14 nOt J>e m~rd)', ·~:.m:-­ it were a cloak, subdue that dishonest portion of your th~nki~li!", chanical apparatus reproducing the words and tJioughts and aliand resume being a man of. ~DteSrity whCn yoti retuFD to your bis· .of his client, ·no matter haw insincere oc· di\Shonest ... Rather the office? ~ r 18.wyer ·should refuse to-1peak ·those words as a mouthpiece, un~ less the utlerances of hi~ client are filtered and purified by truth Inevitably the two character traits contained in the one bodv and sinC.Crity:· -· · · - =~:!iJYd ::.::~~e~ in?e:;ii~;sl.v. dissimulation and insi~c~ritv will . Chicanery., dissimulation and insincerity may be words to be found in th~ dictionary in the lawyer's library. But thev should Whether he. w:~~~- ~'?l;l .~i~ .h.an~ .. ,?!'.. feet. ~:s Samut:I Johll~ .. never be ~o~nd in the Jaw:r~r·s heart. 676;- THE LAWX~RS JOU.RJo<AI,· December-· ~1; l~&e: -