The Criminals' Right

All humans have basic rights. Criminals are humans. Therefore, criminals have basic rights.

This syllogism, although to my mind is valid, is for some hard to accept,  or is simply unacceptable. For how can someone possess a right and yet trample upon another's right? How can someone's constitutional right to due process be protected when other's right to life is violated? Which right should be given more weight? To whom should the balance be tilted?

Take the Vic Siman et al ambush or rub-out or checkpoint-gone-bad (depending on whom you are listening to), which happened in Atimonan, Quezon on January 6, 2013. Vic Siman and 12 others who were with him were believed to be members of a criminal group.

If indeed Vic Siman et al were members of a criminal group, then they shall punished. But how? The answer is, they shall be punished in ways that do not violate the law and the Constitution. The rule of law must be upheld at all times.

That criminals must be pursued is beyond debate. But, to cite Justice Isagani Cruz, “Zeal in the pursuit of criminals cannot ennoble the use of arbitrary methods that the Constitution itself abhors."

Creating a Better World, Oppan Onyot Style

I want to be a lawyer because, for me, it’s a good way not only to earn a decent living but to help mankind at the same time.

My family is poor. My father never had a stable job. He used to work as a truck driver, a passenger-jeepney driver, and a taxi driver. My mother is not rich either. Although she inherited a small piece of land from her mother, she sold it to pay for my sisters’ college tuition fees. She also tried her hand selling native delicacies like suman, puto, and biko. She also peddled detergent soaps and viands. Now she runs a small laundry business that she’s struggling to keep alive. Our family is so hard up that I was able to finish college only because I got a scholarship that required me to work in the library in the morning and study in the evening.

If you live this kind of life that I live, you’d think of nothing else but a way out. To become a lawyer is my choice of a way out because, well, lawyers tend to be better off among the professionals, if not among the really rich ones. The idealist in me, however, finds becoming a lawyer merely for profit too small a dream. For sure, we need to aspire for the creature comforts because if the body is weak, we couldn’t possibly perform even the simplest of tasks. Yet I believe that our responsibility is not only to make ourselves better off, but, as Justice Oliver Wendell Holmes, Jr. said, also to “share the passion and action of his time.”

That makes the profession of law most fascinating. No other profession is so immersed in the passion and action of life than the practice of law. Sadly, however, lawyers get such a bad rap from typical portrayals of them as bad guys in movies and books. Even so, there are a few lawyers who are truly admirable. There are lawyers whose concern is not so much about making a nest-egg from their profession but about leaving a legacy.

To my mind, Antonio Oposa, Jr. of the Philippines is one such lawyer.

Having seen the wanton plunder of the environment in our country, Mr. Oposa decided to use the law—the only available weapon in his arsenal—to defend and protect its forests. He sued Fulgencio Factoran, the then Secretary of the Department of Environment and Natural Resources, to demand, among others, the cancellation of all the timber-license agreements that the Philippine government had been wantonly giving. The case, which came to be known as Minors Oposa vs. Factoran, was the first of its kind in the world, for its plaintiffs are thegenerations yet unborn; it used the principle of “intergenerational equity,” a concept developed by Georgetown Law Professor Edith Brown Weiss. The Regional Trial Court dismissed the case on the ground that the unborn generations didn’t have a legal standing. In 1993, however, the Supreme Court reversed the lower court’s decision.

The Supreme Court said in its judgment: “...[E]very generation has a responsibility to the next to preserve that rhythm and harmony for the full enjoyment of a balanced and healthful ecology...the right to a sound environment constitutes, at the same time, the performance of their obligation to ensure the protection of that right for the generations to come.”

Protecting the environment is just one of the many battles that Mr. Oposa has been valiantly carrying out, and his efforts have not gone unnoticed. In 2009, he was awarded the Ramon Magsaysay Award—the Asian counterpart of Nobel Prize—for “his path-breaking and passionate crusade to engage Filipinos in acts of enlightened citizenship that maximize the power of law to protect and nurture the environment for themselves, their children, and generations still to come.”

Mr. Oposa belies the popular belief that lawyers are crooks and liars. I believe that like Mr. Oposa, there are many more self-abnegating men and women of law out there. They may not drive fancy cars. They may not hold office in high-rise buildings. Instead, what they seek to leave behind is far more lasting: a better, safer, and just world.

I myself aspire to become a crusading lawyer like Mr. Oposa. I have no illusion, though, that the problems of the world will go away instantly simply because I decided to become a lawyer and a good lawyer at that. For indeed, what can one individual like me do? My answer is this: A great edifice is built not by a single person but by many people working side by side. Alone, I may not be able to build the edifice for a better world. But by being a good lawyer, I will help construct that great edifice brick by brick until it becomes a reality.

One month in the College of Law

Exactly a month has gone by since I started my law studies. Many things can be said of law school. Only two points will I make:

1. Raw intellect is not enough

It pays, of course, to have a high level of intelligence and common sense in law school. Professors assign so much reading assignment. Usually these materials include statutes, EOs, memoranda, and Presidential Decrees. And the standard fare in law school---kilometric Supreme Court decisions that are most often than not written in a circumlocutory manner.

Intelligence is therefore needed in reading and understanding those materials. But reading and understanding those materials is one thing. Securing copies and finding time to actually read them is another.

In this case, intelligence can be of little help. Diskarte can be of great help. For example, Supreme Court cases are found either in the internet, in the voluminous Supreme Court Reports Annotated (SCRA). If you are a working student like me, how on earth will you find time in looking for the cases assigned and read them afterwards?

Which leads me to point number two.

2. Selfishness has no place

I find that making friends---especially full-time students---who can share materials with you is key. It must be noted, though, that a mutualistic relationship must be cultivated, not a parasitic one. One must also be ready to share what one has. Otherwise, your friends will soon realize that you're just using them.

And it might spell the end of one's career, even before one has not made such.