I.

Thanks and good afternoon, IGNITE-NCPAG, organizers, Eldon Dionisio, my fraternity brother in the UP Alpha Sigma Fraternity . I apologize for the fact that it took me quite a while to confirm my attendance. As a law clerk or court attorney for the youngest and newest Justice Marvic Leonen, who was my professor and dean as a student of the UP College of Law, I had to ask permission. As a law clerk, my duty is to assist the Justice who employed me in drafting of his decisions of which he is the ponente or writer, as well as his concurring, dissenting or separate opinions. I gave him the letter from IGNITE-NCPAG, and he encouraged me to go and said that it would be very good for me to attend and give a talk. In fact, he is kindly requesting a copy of the movie. Peram na lang ng DVD. Pag hindi ibalik, punta na lang kayo ng Faura, 6th Floor, hanapin niyo chambers ni Justice Marvic Leonen.Sabihan niyo iyung security: May utang siya saming DVD. I was asked to give insight on Give Up Tomorrow, based on my experience as a lawyer. Unfortunately, Ive only been a member of the Philippine bar for a year and a half, and in the Supreme Court for under a year. As such, my experience does not count for much. I can, however, give a small amount of insight of the role of the judiciary, particularly the Supreme Court in the reality of our justice system in the Philippines. Ive been with the Supreme Court for a less than a year, but I can tell you that the Filipino is a very litigious people. We have around 600,000 unresolved cases collectively, in all of the Courts of the land. The numbers dont lie. We love to go to the Courts to enforce our rights. Maybe its because growing up, we can always remember Atty. Jose Sison telling us, Kapag May Katwiran, Ipaglaban Mo! on Sunday afternoons. Maybe because we believe in the underdog, so much as evidenced by our collective fascination with Manny Pacquiao, and Kim Chiu. Maybe because as a people, we are both patient and tenacious, willing to wait an average of ten years before the Supreme Court rules with finality on our cases. Thats how long it takes before a case which originated in the Regional Trial Court or Metropolitan Trial Court reaches and is decided by the Court of Last resort, by the way. Yes. Sa Supreme Court, ang term na ten years na akong naghihintay is neither hyperbole nor a throwaway expression; it is a categorical fact. Thats why I had to ask permission, outside of the fact that he is my boss. I enjoy my work, and would gladly do it for free. But its cases like that of Paco Larranaga that serve as a rude awakening as to the gravity of the legal profession and the realities that limit the Philippine judiciary and the justice system. The case of Paco Larranaga has reached the Supreme Court in numerous cases. These are cases that come to the Court in its appellate jurisdiction. They were convicted in the RTC, affirmed by the CA, and arrive to the Court through automatic appeal, because of the fact that they involve a penalty of

II.

III.

IV.

V.

VI.

VII.

reclusion perpetua, or forty years in prison. In 1997, The Minor Francisco Juan Larranaga v. The Court of Appeals and the People of the Philippines, the Court ruled in his favor, stating that given the seriousness of the allegation against him, Paco was entitled to a full preliminary investigation and not a mere inquest. That case actually enumerated the evidence in Pacos favor: the affidavits of some 40 friends and family, the test papers that showed he was at school , and the picture of him partying. VIII. Unfortunately, in People of the Philippines v. Larranaga, Aznar, Cano et al, G.R. No. 138874-75, the Supreme Court would not rule in Pacos favor. The Decision, promulgated on February 4, 2004, affirmed the conviction in the lower courts. The Court, in a Per Curiam Decision, stated that the trial court did not err in finding that Pacos defense of alibi and that guilt beyond reasonable doubt was established. (Ask if some excerpts can be flashed or read). In short, the Supreme Court, the highest court of the land, seems to have failed in the service of justice for Paco Larranaga and the people who believed in him. I am not here to make apologies, because what the Supreme Court says has the force and effect of law. But let me tell you what we, as a judiciary, and as a people are up against. First, theres a little something called the 600,000 pending cases in all the courts of the Philippines. A Supreme Court Justice of the Philippines has a docket of some 500-1000 cases. All things considered, were better off. The Supreme Court is an institution of human beings. We may decide based solely on the legal arguments raised on the pleadings and the letter of the law, but we do not, and should not, make our decisions in a vacuum. Before a Decision is promulgated, it undergoes deliberations, either in Three Divisions of five justices each, or as one Supreme Court En Banc for grave and important cases. Justice delayed is justice denied. Every second that one of those cases is not resolved, an innocent person languishes in jail, a single parent is denied his or her backwages for being illegally dismissed, an innocent minor who was raped by a scheming and malevolent man still lives in fear, or a scheming official in a government agency continues to abuse the powers of his or her office. As you can see, obtaining justice is a process. A painstaking and deliberate process. But as a lawyer, I have to respect that process and allow it to take its course. Collectively, as a people, that process has to be respected. That may be a bitter pill to swallow for some of us. If anything, I am here to tell you all that, as the message of this film says, there is still reason to hope. All is not lost. Right now, we have a collective sense of social upheaval. We saw it last year during the Corona impeachment trial. As a legal researcher and media relations officer for Congressman Miro Quimbo, I saw firsthand the pessimism and outrage that eventually led to the former Chief Justices removal from office. We have the seething rage that led to 400,000 citizens marching to Luneta to convey their dissent to the excesses of government.

IX.

X. XI.

XII.

XIII.

XIV.

On our end, we have a judiciary, a bench that is willing to undertake reforms but is not alienated from the human experience. We have more and more graduates in prestigious universities and law schools that are willing to work in government, and change the system from within. Considering the thrust of the organizers and the venue of todays event, thats certainly good news. XVI. And finally, we have films and endeavours such as this haunting and harrowing film, which never allows people like yours truly to forget that we have our work in dispensing justice cut out for us. And rest assured that we cannot, and will not, take that lightly. XVII. More importantly, we have you, the students and Filipino citizens, that among all the ACLE topics, decided to attend today. You are our secret weapon in realizing and actualizing justice. In the end we are all asked to take ownership of what we can do in term s of our collective consciousness as a people. That rage about the lack of justice in this country has to be distilled and refined into concrete action on our part everyday as citizens of this country. In my case, I was fortunate enough to have a career and work that I would gladly do for free. Okay, maybe not for free, but for a lot less than what Im currently getting paid. And I get to assist in the facilitation of justice for the people of this country, a country that I love and will continue to serve. And everyday as a court attorney for the Supreme Court, I will continue to do that. XVIII. For you, maybe you want to become a lawyer or a politician. Or maybe my talk and the film have made you decide that you want to be neither. But realize that you have an indefeasible voice. Take ownership of it. Refuse to be victims of a system. Be the system. Be the cog that begins turning the wheels of change. Start with your families, your significant others, your political beliefs, your passions. Dont offer to bribe the MMDA official if you get caught swerving, because swerving is not an offense that allows them to take your license! Know your rights, even if you have no plans of going to law school. And know that every Filipino is entitled to those same rights, as well. Fight for those rights as individuals, but learn to realize the value of being collective catalysts for social change. XIX. Dura lex, said lex. Thats Latin for the law is hard, but it is the law. But then, again, so is our resolve as a people for a better future for our children and their childrens children.