At the 2019 Legal Education Summit, Justice Marvic Leonen highlighted the essential roles of law schools in providing comprehensive education, promoting social justice, and fostering critical thinking and ethical character in students. He emphasized the need for law schools to engage with the community and continuously improve their curricula to meet societal needs. The document also discusses a legal case regarding the re-admission of a student at the Loyola School of Theology, focusing on academic freedom and the institution's discretion in admissions decisions.
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Philosophy of Law
At the 2019 Legal Education Summit, Justice Marvic Leonen highlighted the essential roles of law schools in providing comprehensive education, promoting social justice, and fostering critical thinking and ethical character in students. He emphasized the need for law schools to engage with the community and continuously improve their curricula to meet societal needs. The document also discusses a legal case regarding the re-admission of a student at the Loyola School of Theology, focusing on academic freedom and the institution's discretion in admissions decisions.
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At the 2019 Legal Education Summit, Senior Associate Justice Marvic Justice Leonen's insights aimed to elevate the
ate the quality of legal education
Leonen emphasized several key roles and duties of law schools as in the country by focusing on integrity, justice, and practical skills, academic institutions. Here are the main points he highlighted: preparing students to meet the challenges of a modern society.
1. Provision of Knowledge and Skills: Law schools have the
primary responsibility of providing comprehensive education to their students. They must ensure that the curriculum covers not only theoretical aspects of the law but also practical skills needed for effective legal practice.
2. Promotion of Social Justice: Justice Leonen stressed the
importance of incorporating social justice into the law school curriculum. Students should be educated about justice and human rights issues and should be encouraged to commit to fair and just treatment of all individuals.
3. Development of Critical Thinking: Law schools must foster
students' critical thinking and analytical skills. Students should learn to analyze legal issues, construct strong arguments, and make fair decisions based on law and morality.
4. Formation of Moral and Ethical Character: A crucial duty of law
schools is to build a solid moral and ethical foundation in their students. They should provide training and courses that help students develop high standards of integrity and ethical behavior in their profession.
5. Engagement with the Community and Society: Law schools
should actively engage with the community and society. They should participate in initiatives that promote public welfare and collaborate with organizations to improve access to justice and legal services.
6. Curriculum Review and Improvement: Law schools should
continuously review and improve their curricula to address the evolving needs of society. This ensures that their education remains current and effective in preparing students for the practical realities of legal practice. Title: GARCIA vs. THE FACULTY ADMISSION COMMITTEE, LOYOLA ISSUE/S: SCHOOL OF THEOLOGY [G.R. No. L-‐40779] 1. Whether the petitioner is deemed to possess a right to be respected by the respondent in terms being denied re-‐admission? Date: Nov. 28, 1975 2. Whether the Faculty Admission Committee had to Petitioner: Epicharis T. Garcia authority to bar the petitioner from continuing her studies in their institution? Respondent/s: The Faculty Admission Committee, Loyola School of Theology (Fr. Antonio B. Lambino) RULE/S: ARTICLE XIV FACTS: SEC. 1 The State shall protect and promote the right of all citizens to quality education at all levels and shall take 1. Petitioner has been barred from being allowed re-‐admission appropriate steps to make such education accessible to all. into the respondent school, which is a seminary for the SEC. 5 (2) Academic freedom shall be enjoyed in all priesthood in collaboration with the Ateneo de Manila institutions of higher learning. University. Petitioner was taking her studies leading to an M.A. ANALYSIS: in Theology at the time, but was no longer allowed to enroll in 1. Due to the fact that the respondent school the the Academic Year of 1975-‐1976. petitioner was enrolling to was a seminary for 2. Petitioner contends that the reason behind the respondent’s priesthood and for men, the most she could claim for refusal to re-‐admit her (as stated in a letter from the is a privilege, and not a right. Furthermore, she was respondent), which is due to the fact that her frequent admittedly enrolling into a course that was not for the questions and difficulties that were slowing down the progress priesthood. Besides, even if, for the sake of argument, of the class, does not constitute valid legal ground for she was qualified to study for the priesthood, there is expulsion for they neither present any violation of any of the still no duty on the part of the respondent to admit her school’s regulation, nor are they indicative of gross for the discretion to accept or reject qualified misconduct. She was advised to enroll in the University of applicants still lies on the respondent school. Santo Tomas Graduate School (Ecclesiastical Faculty), where she will have to take up Philosophy (4-‐5 years, compared to 2 2. Also, taking into consideration Sec. 5 of Art. XIV, the years in Ateneo) before she will be allowed to take Theology. aforementioned discretion is backed by the She was, however, allowed to take some courses for credit, Constitution. free of charge, during the summer sessions of the respondent CONCLUSION: school in 1975, but was not acknowledged to be enrolled in any Petition is dismissed for lack of merit. degree program. 3. Petitioner then filed for a writ of Mandamus to compel the respondent to allow her admission. Principles of Academic Freedom as Reflected in the Case: discrimination based on race, gender, religion, or other protected categories. 1. Autonomy in Academic Decision-Making: o Application: The Court would have examined whether o Principle: Academic institutions, including universities there was any discriminatory intent or impact in the and theological schools, have the right to make denial of Garcia’s application, ensuring that decisions independent decisions regarding admissions, were made based on legitimate academic criteria. curriculum, and faculty without undue interference. 5. Limits of Judicial Review: o Application: The Court likely affirmed the Loyola School of Theology's right to set and apply its own admissions o Principle: Courts respect the expertise of academic criteria without external pressure, provided these criteria institutions and limit their review to ensuring that align with their institutional mission and policies. decisions comply with legal standards and institutional policies. 2. Respect for Institutional Policies: o Application: The Court would have limited its review to o Principle: Institutions are entitled to enforce their whether there was any legal or procedural violation in the policies and criteria for admissions and other academic admission decision, rather than second-guessing the matters, reflecting their educational objectives and institution's academic judgments. values.
o Application: The Court would have reviewed whether the
Faculty Admission Committee adhered to its published policies and standards when making its decision about Garcia’s application.
3. Procedural Fairness:
o Principle: Academic decisions should be made following
fair procedures, including providing clear reasons for decisions and allowing for review or appeal processes.
o Application: The Court might have assessed whether the
process followed by the Faculty Admission Committee was fair and transparent, and whether Garcia had been given an adequate explanation or opportunity to contest the decision.
4. Non-Discrimination:
o Principle: Academic institutions must ensure that their