My ten-year lawyering spree at PAO
My dusty diaries tell of my ten-year journey
so that I am still keeping my schedule the traditional way!
I am aching to write about my ten years as a lawyer in
public service. Alas, I did not keep a journal. It is no accident
that every writer has one, but can you blame this soul when
scribbling is a luxury since post-bar era and typing is the trend
since day one in my work area? But I just can't give up, so an
idea just came about. I dusted off my ten
schedule books that served me from February 2005 until December 2014.
In my schedule books
are the cases for trial. It is a tragedy that the cases for mediation
were not entered there; they will just fade away unless
my memory can salvage them. I started with the
notebook-sized moss-green book with gold-inscribed print: 2005 diary.
It seems I need not move forward from there because on the inside
cover, I copied from the wall of the old MTCC sala, these profound
words from Daniel Webster on the profession.
"Our profession is good if
practiced in the spirit of it; it is damnable fraud and iniquity when
its true spirit is supplied by a spirit of mischief-making and
money-getting. The love of fame is extinguished; every ardent wish
for knowledge repressed; conscience put in jeopardy, and the best
feelings of the heart indurated by the mean, money-catching,
abominable practices, which cover with disgrace some of the modern
practitioners of law."
As I leaf through from February to December, I can
recall the cases where I get dazed by the mere conduct of pre-trial,
where I got the initial fluttering in my stomach because of my first
cross-examination, where I was frozen because direct examination
frightens me, where I realized that the book on art of
cross-examination is not useful in real life, where I realized that I
should also be a walking lie detector because of tales coming from my
clients, and the list can go on as my learning progressed till the
first year ended.
I should not fail to mention here that on my first
year, I defended myself from false accusations when I was made to
explain by our central office because I got a handwritten
letter-complaint from a sister of a client who was residing in Manila
and who has not inquired of the status of his brother's case here in
Negros Occidetal. Well, I got another one within my decade. I was
vindicated in both but was I bothered? Of course, I was. As a mentor
said, even if we try hard to do the right thing, there will always be
a complaint. That is part of our job.
***
My Executive Diary 2006 is maroon in color and still a
regular notebook in size. On the fly leaf, I scribbled the Centennial
Prayer which I remember I copied
from an old calendar of an
MTC. I believed then and now that lawyers and all workers in the
justice system should look no farther for inspiration in their daily
grind but to strive to embody to be the
answer to this meaningful prayer.
"Almighty GOD, we stand in
your holy presence as our Supreme Judge. We humbly beseech you to
bless and inspire us so that what we think, say, and do will be in
accordance with your will. Enlighten our minds, strengthen our spirit
and fill our hearts with fraternal love, wisdom and understanding, so
that we can be effective channels of truth, justice and peace. In our
proceedings today, guide us in the path of righteousness for the
fulfillment of your greater glory. Amen."
This year's entries
reminded me of my cases where I eventually had acquittals years
after. An entry on the 20th of January, a case for promulgation was
logged. This is a case where I got an acquittal for my client in
Theft. It was an inherited case but I presented the accused and
submitted a memorandum on this one. I can recall my client was
acquitted for a different reason but I just can't forget that, among
others, I argued here whether it is theft if the tree said to be
stolen was still standing when it was stolen. I was trying to
establish that it is not a personal property. I forgot how the
argument I made went. I am just happy that up to now, I still have
the same amount of enthusiasm for each case I encounter every now and
then.
Taken at a 2012 seminar in Bayview Hotel.
***
My 2007 Daily Planner
looks like a handy Bible. I know that I bought this in a hurry
because I like the weekly dates in one spread rather than this
a-page-a-day type; I want
to see my
cases in a week at once.
No quotes on its fly leaf. In lieu, I can see among the stapled
one-eighth of a bondpaper with scribbled notes on my course of action
in a civil case. This is a case where the "notice of hearing"
taught me hard and well. In the fit of a mozart-like dedication in
composing pages and pages of my motion for reconsideration, I forgot
to put a notice of hearing. My MR was denied because of it. I was
devastated that I want to bite my elbows, left and right! I want to
dissolve in the face of earth until I was solid again upon learning
that my clients cannot afford the appeal bond so that appealing
became
out of question.
***
My 2008 Executive
Planner is also a navy blue with the size of a regular notebook. I
saw no quotes worthy of my scribbling because the fly leaf is only
peppered with names and contact numbers. From the entries in my
planner, one name surfaced and this name pestered me for years to
come. This client is in the number one spot in my most diffcult
clients, and overtaken by another only December last year. I am glad
that they did not arrive together in time and space. With this
client, I have to stretch my patience like the Biblical forgiveness
of seventy times seven. With this client, I have to read books on
psychology, and even psychiatry because merely understanding
sociology or social psychology is not enough. I believe, it was no
coincidence that sanity-saving Desiderata was written by a lawyer.
With this client, I have become a lawyer-philosopher myself and I
should expand a line in the prose poem to say, "listen
to others, even the dull, the ignorant and the almost-insane; they
too have their own story."
***
Pocket Diary 2009. I
love the size of this one and my diaries onward will be of this size.
On the fly leaf, I saw a name of a future client for declaration of
nullity of marriage. I filed the case but the same was withdrawn
later on by her because she and her husband reconciled. I can't
forget her letter to me telling me that her marriage is not working
anymore because it is like putting the switch into off and on over
and over until the bulb got destroyed. When she approached me that
she wished to withdraw her petition, I wanted to ask her whether what
they did in their case was to buy a new bulb!
While skimming the
pages, I folded two more pages. I smiled when I saw the names of the
parties in a civil case for ejectment. While we were conducting an
informal conference, the environment-protection-advocate plaintiff
said that what she really can't accept from my client, a land laborer
in his late twenties, is that he destroys the growing trees. My
client immediately countered saying, "No,
I did not destroy the trees, I just cut and burned down one
fist-sized serguellas."
I saw the plaintiff's rosy cheeks turn pale!
On a serious note for this year, I should tell this
one. One defining moment for a defense lawyer is when her client is
acquitted at the end of trial. But a long and hard look at it,
sometimes, I want to push myself more telling myself to spare the
innocent the earliest possible time from the court processes. This is
one case that I wished I did more to spare the guy. He was acquitted
at the end of the trial and after the promulgation of his sentence,
it was the first time that I saw a man shed tears in the courtroom.
***
This is my canvass for the year 2015.
2010 Weekly Planner.
Brown with snake-skin cover design. There is the case where I
requested the NBI for handwriting expert. Also, I can see the case
where I learned about shotgun, 45 caliber, 38 caliber etc and the
wounds they create. I can also see the name of a client whose case I
want to see ended as soon as possible, otherwise, I can publish a
book entitled, "Sign Language Aside: How To Deal With
Almost-Deaf Client With No Shouting Please." I also saw the name
of a client whose luck is so bad because when she was a baby she was
registered thrice. We were able to cancel the second registration via
a court judgment, only to find out that there is an earliest
registration. I see here the name of one client of mine whose name
included Maria and we filed a case against her husband. She said, she
can't just throw vindictive to her husband because his name is
"Jesus." From this one, let's move on to a whole new year!
2011 Executive Diary. It is navy blue and pocket in
size. No quotes in the fly leaf which saddened me a bit. No one is
decorating the walls with inspiring words anymore; I should start a
tradition myself here. One case logged in my diary reminded me of my
disappointment when only last year I learned that the Order of
Finality issued to my client by DAR was still set aside by same
office which granted it years ago; sprouting criminal cases are the
interrim result until the case will finally be decided by the
national office.
There is also this
case where my clients were acquitted and where I can also say to
myself that sometimes our justice system cannot guarantee peace even
after trial. The aging private complainant cried out her disagreement
while still in the courtroom and while walking down the corridor. I
told my clients to remain humble, afterall, she is their aunt and to
delay going home as they might get into trouble if they leave
together. I appreciate the wisdom and policy behind the mediation and
conciliation. There, the parties leave shaking hands and greeting
each other after reaching an agreement which serves as judgment.
***
2012 Diary is apple
green with spiral binding. I spotted the name of an accused but I
believe his case started even at least a year ago. This one, and
actually countless others, is one of those who have obnoxious
characters so that I wish I have a choice of denying my legal
services to him. Since I have no choice, I have to! He was convicted
to a lower charge and was given a minimum penalty. To my dismay...
I have funny anecdotes
for this year involving the relatives of my clients which will better
wait for their proper exposure in a book I am preparing which I
provisionally name as "Legal
Laughs."
***
2013 Wallet Planner is
navy blue in color and opens horizontally. I have a case this year
that brought to mind the indigency requirements that were
surreptitiously removed from my desk. Since the office has no CCTV, I
cannot prove who actually took it but I can surely lengthily discuss
who has the motive to get it. Because of this case, I got my second
letter from the central office requiring me to explain my side within
72-hours. I was vindicated in 2014. Memorable case! And the memorable lesson? Keep your table clear so you can keep an eye on your documents.
I have a few entries
on nullity cases where I represent the defendants. My clients in this
kind of case want freedom too. They also want peace of mind; they
want to move on. But still, they want me to oppose the petition of
their husbands/wives
because they contain fabrications and they cannot stomach the
falsehood hurled to them. I told them, it was only a dramatized
narration of facts and they should not take offense over them. But
then they insist and I have to heed them! (Generally, they cannot
come during their own presentation of evidence).
***
My 2014 planner is
still lying in the office, so I have to end here. There
are still many defining moments waiting to be told but I have to
stick on what came first to mind. So
long, my friend, till the next ten years!
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