Few weeks ago a client angrily approached me and asked how much did I receive as consideration for the SELECTIVE dismissal of the case in favor of some prominent accused. He added, “justice in the Philippines is when one gets favorable judgment for a fee.” I was irked by the accusation. My blood pressure went up. All of a sudden I can only see his angry face. My body became numb and ears were totally deaf. I only calmed down when I started thinking about my one and only daughter. When I went back to my senses, I started hearing the qualms of this client. Irritating at first but touching when I saw teardrops fell on his eyes. His saga is a common one… a solemn quest for justice, Filipino style!
This client fought for the filing of a criminal complaint against these prominent accused whom he blamed as among those responsible for the tragic death of his fourteen (14) year old son. The battle was initiated more than four (4) years ago. Unfortunately, the intricacies of legal procedure delayed the filing of the information in court. The recommendations and findings during the preliminary investigation of my office have to be validated and reviewed by a government entity charged with the jurisdiction and authority on the subject case before it could finally be filed in the regular court. My client painstakingly waited for the resolution to be released. He rigorously sought assistance from different government agencies requesting for the expeditious conduct of the investigation.Finally, the resolution went out and information was filed against the accused in court. Few months later, the case was dismissed in court for alleged lack of probable cause. It came out as a surprise not only to this client but also to the prosecution arm. The dismissal was an exercise of unusual power of the court not normally resorted to unless founded by evident or patent grounds for dismissal.
My client became hysterical and vindictive. I know him quite well because in the past, his desperation led him even to the point of casting unwarranted complaints against me attributing, suggesting and implicating me for the said delay. His accusations roused me to anger before. Hatred ruled my dealings with this particular client. I convinced myself that the animosity I was getting from this client was exactly opposite to the dedication I relentlessly invested for his cause.
However, my experience in lawyering taught me one good character required in a prosecutorial duty. Patience, Patience and Patience……. I said it thrice because mere patience is insufficient. For non-lawyers, a simple problem can be remedied by common sense but for lawyers, common sense is all catching and it comes into different forms either as a cause or defense. For non-lawyers, short cut rule is encouraged. However, for lawyers a legal right or wrong is redressed only upon observance of the proper legal procedure.
Explaining to a client the necessity of legal procedures including its technicalities and implications is like watching a Korean telenovela show without an English or Pilipino translation. This was my difficult task. Several attempts were made to make this client understand. At first, he made me believe he understood my point. I was happy then. Surprisingly, few days later, he came back and bombarded me again with similar questions or issues which I thought already properly explained. This client placed me on a rollercoaster ride many times. These were rides I managed to survive because of my patience.
Now, a rapport has been established between us. Patience taught me to earn his trust and respect. Patience also taught this client to trust and understand. Now, he can understand my explanations even if the legal issues involved are so complex. He may not exactly grasp the legal concepts conveyed but he understands that any legal action taken involving the case is for the best interest of his cause. On my part, I learned to understand and accept his sentiments no matter how emotional or frantic he becomes. I patiently developed the ability to listen and feel as these are my effective tools for communication.
My greatest challenge now is to answer three (3) of his crucial questions which I terribly fear to answer. For lawyers with a heart and those who possess a mind and heart of a lawyer, how do you weigh justice? Is justice for sale in some courts? Can candor or impartiality be exercised if the case has already been prejudged?
I fear the repercussion of my answers because as officer of the court, I have no authority to impose my opinion. A legal battle is fought in court under hard fast rules and not in a talk show where you can dispense all your sentiments point to point in order to win the approval of the audience. Questions of this nature tend to compromise my moral obligation to protect and preserve the credibility of the court. It is my duty to encourage people to trust the court and not to mistrust.
I see the symbol of justice being represented by a blindfolded woman carrying a well balanced scale. She is blindfolded so that she would see the merits based on evidences presented and not for reasons of prejudices or undue favors. The scale is well balanced because judgment is rendered only after observance of due process. One thing I’m certainly sure to answer - this is the form of justice implored by my client.
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