Wednesday, September 27, 2006

OF FATHERS AND DAUGHTERS & OF MOTHERS AND SONS

While talking about our children two nights ago, a bosom friend and a brother in the legal profession bragged about a letter sent to him by his kids contained in a torn bond paper. The letter, almost crumbling, goes:

Dear Tatay,


In a world of imperfect relationships between fathers and sons, mothers and daughters, the ties that bind slowly diminish into nothing but mere wisps of respect and tradition.


But under your watchful eyes, we, your daughters, have grown with strength and power within. Through your watchful guidance, we have been ushered into adulthood, armed with wisdom, intellect and grace. With your loving arms, we learned to hold on to each other for support, love each other, and protect each other from harm.


With this simple gift, we thank you. We know that whatever happens, we will always come out stronger and unscathed, because we have you.


One day, we will raise our children wonderfully and lovingly. . . like what you did for us.


I know. Because I have my tatay’s eyes. We love you.


Yr, Koki, Dingkay


Such a heartwarming letter reminds me of my own father who passed away 18 years ago. Wherever he is right now, I believe he still watches over me, wanting me to be strong, to be wise and to be graceful in whatever I do.


Yet, from wherever he is right now, I am sure he also has much regret and disappointment that our country’s leaders, whom we regard as our fathers or mothers, have not become what they needed to be.


Our nation has become a house divided where most of the children wish to be away from home and find their own destiny in either a very cold or very hot far away place.


I once felt so confused that in our family, a brother once left when we were young and made “layas”, perhaps feeling aggrieved and discontented of being in the house. Soon after, he returned and found our home warmer than the places he went to.


By the looks of it, the mother of this country will soon become a tyrant, not with a loving heart of a mother, but that of an iron-fisted woman who would readily crush those who wish to defy her mandates. She has reached an all time record of butchering more than 800 young activists since she sat down as President. She has began to round off her political nemesis like Peewee Trinidad and Jejomar Binay. She is now surrounded not by her loving, idealistic children but by corrupt, haggard-looking “trapos” wanting to share the bounty from the ill-gotten wealth she has amassed.


Our very own father in this community has also not done his part in arming his children with wisdom, intellect or grace. There is no visible sign that we will have better public schools for those in their tender years, new hospitals for the sick or venues of culture detached from the lures of the sluts of Wowowee. Our respect for him is continuously eroding.


Branding our father in this city as a thief and a cheat everyday over the radio by his very own sons has become so natural that almost everyone has started to believe in it. Instead of being an example to his children, he has become an island of his own, without the slightest concern over what may happen to all of us. By and large, his children have declared him a PERSONA NON GRATA.


One day, we will dispel from our memories a father of our city who never showed any gift of kindness. In contrast, we will always treasure the fatherhood of the late Justiniano R. Borja who never faltered in caring for all of us during his stint in office.


In the national scene, because we feel being treated like dogs, we might one day, instead of barking in the streets, bite our own bitch and relegate her to oblivion.

Thursday, September 14, 2006

MO-CHACHA KA BA O MO-TANGO?

After the impeachment complaints were hurriedly snuffed in the Lower House of Congress, the discussion on the proposed CHA-CHA has become more intense. The issue may be simply reduced to a question on whether or not we would like to have an authentic revision of our Constitution or we follow the administration’s version through Sigaw ng Bayan’s People’s Initiative or through a Constituent Assembly (Con-Ass) in Congress dominated by GMA’s compliant cabal. Simply stated and in the vernacular, MO-CHACHA KA BA UG TIUNAY? O MO-TANGO KA DUYOG NI GMA?


In our city, we hear the stand of the opposing forces becoming quite audible. While we have seen our very own mayor campaigning for signatures for the People’s Initiative (which I consider as a downright manifestation of boot-licking of GMA), we see some sectors, mostly from the businessmen, giving us alternatives. The group of Joe Nebrao, Engaged Citizens of Cagayan de Oro (ENGAGED), joined hands with One Voice in condemning the “railroading” of the passing of Resolution HR - 1230 in the Lower House.


Quite interesting is the speech of then Chairman of the Commission on Elections (COMELEC) Christian Monsod of One Voice when he came over to our city last week. He has laid bare the various scenarios if we support the People’s Initiative, spearheaded by Sigaw ng Bayan, or the version submitted by the Committee on Constitutional Amendments to the House headed by our very own Cong. Tinnex Jaraula.


While listening to Christian Monsod, who looked old but still in his fighting form, one could sense that he treated this issue with intense fragility as it may one day spell our country’s prosperity or debacle. He revealed that the situation is almost akin to the early 70’s which ended up in the dictatorship of Marcos for fourteen long dark years.


The desire of GMA for a charter change appears more for her self interest than for the people. Christian Monsod said, “Con-Ass is a quick preemptive strike for charter change with the same objective as People’s Initiative – a shift to parliamentary unicameral plus a powerful Interim Parliament. Once constituted, the Interim Parliament can do anything, including changing the transitory provisions itself. It will have plenary powers without having to deal with a Senate. The real issue of charter change then is about power and about a creeping authoritarianism.”


Ultimately, this issue may end up being thrown back to us, the common people, through a plebiscite. But then it might be too late. According to Monsod, when this contentious issue reaches the plebiscite stage, GMA could easily manipulate the results in cahoots with the local government, the military and the COMELEC as she did during the 2004 Presidential Elections.


The manipulation has already started. GMA herded more than 2000 third termer councilors over the weekend in Cebu City to taste a bit of brainwashing as she campaigned for “No to 2007 Elections (No-El)” and towards a parliamentary system.


The clamor for charter change in order to have a more responsive government for the needed economic and social reforms in our country is so imminent and no doubt, will inevitably come. However, if we take a longer road through a Constitutional Convention, we might have a more credible way of achieving what we aspire for – a transparent, accountable and responsive governance. But if we dance to the tune of GMA through Sigaw ng Bayan and the Contituent Assembly, we might end up with a charade called “TANGO CRIMINAL”and a government that undermines our freedom while the minions of GMA enrich themselves at our expense.

Thursday, September 7, 2006

THEY TOO HAVE SOULS

I have always been so amused by jokes about or against lawyers, portraying them to be merely made of flesh and probably may even be heartless. One tale goes this way:


A woman died. And in the pearly gates of heaven, she was welcomed by St. Peter, the gatekeeper. While she was glad to be accepted in heaven, she inquired if her husband was in heaven too. St. Peter told her to go through the list of those who had been already admitted. The old woman meticulously looked at the list but after a while, she was sad that her husband’s name was not there. So, St. Peter told her to go to the gates of hell, and there she went.


Upon meeting Satan, she asked the same question and was referred to the list of those who were already in hell. Upon scrutinizing the list one by one, she also did not find her husband’s name and she was glad concluding that her husband must be in Purgatory and will soon be with her in heaven. Dropping by Purgatory, she again talked to the one in charge and was shown the list. She was so surprised that again, her husband’s name was not there despite the fact that she was the one who buried him. She went back to St. Peter and told him her problem.


Even St. Peter was confused. But then he asked her, “what was your husband’s work before?” The woman replied, “oh, my husband was a lawyer.” With a glint in his eyes, St. Peter said, “ah, you did not tell me in advance, lawyers have no souls!”


Lawyers have no souls! That may be the reason why they can do almost anything evil. They are reputed to be liars and cheats. They allegedly circumvent the law if only to protect their client’s case, right or wrong.


Such view, however, is quite myopic. Branding lawyers to be evil doers seems misplaced, if not, downright wrong.


In the recent past, there were several lawyers close to me here in Cagayan de Oro who have gone back to their Creator. In fact, in my stint as President of the IBP starting from April 2001 to February 2003, twenty-one (21) lawyers died, among them, the venerable Judge Rolando R. Villaraza, Judge Benedicto U. Hallazgo, Judge Admiral P. Labis, Fiscal Francisco Rabanes and Atty. Eudoxio Along.


Most of them were my teachers whom I deeply respect in Xavier University College of Law. I believe they have dutifully followed their oath to uphold the rule of law and not to delay any man’s cause for money or malice. I know they were quite frugal while living and did not die in affluence.


Lately, several lawyers whom I also know by heart have also died, among them, Atty. Santos Tubelleja, Judge Roque Edmilao, Judge Puro Velez, Fiscal Felicisimo Khu, Judge Rolando S. Venadas, Sr., Atty. Jacob F. Montesa and Judge Anthony E. Santos. I learned the ropes of lawyering, so to speak, through these legal advocates and they have passed away almost unnoticed.


Quite interesting is the life of Judge Rolando Venadas, Sr. who became endeared to me when he was appointed as the Presiding Judge of the Regional Trial Court, Branch 9 of Malaybalay City.


I was told he was among the topnotchers in the Bar Examination in 1964 and his stint as a practicing lawyer was so colorful until it faded. He also became a Professor in the College of Law of Xavier University, his very own Alma Mater. I saw in him a very caring and generous father not only to his own family but to all the young lawyers who appeared before his court.


In our legal system, most litigants who lose their cases either blame the lawyer or the judge. No matter how fair the judgment is, the judge, as well as the counsel, often catch their ire.


It cannot really be denied that there are lawyers who play tricks in court and judges who may be considered “hoodlums in robes”. More often than not, they are caught and are sanctioned, if not disbarred, by the disciplining arm of the Supreme Court.


By and large, lawyers, as well as judges, are human beings who advocate not for themselves but for others. They literally take the cudgels for a person whose rights have been violated. After a while, like in my case where I have been practicing for more than fifteen years now, I see my profession as one cutting deep into the heart of conflicts. In doing so, I also feel the pain and anxiety of those whom I represent.


Lawyers then see the basic humanity in clients. They see hatred running in the veins of litigants. They see forgiveness in the hearts of some. They see all types of characters in this drama of life. Most of all, lawyers assume the personality of those crying out for justice as they speak for them.


In doing so, lawyers become so human and find divinity along the way which makes me conclude that those who passed away, numbering forty-two since 2001, definitely have souls. Though some of them might be answering for the inequities they have committed, most of them are certainly celebrating the glory of being upright here on earth.


So, a few hundreds of the more than 6,000 law graduates taking the bar examinations starting last Sunday until September 24 will soon become lawyers. As they take the exams, they pray and make a promise to God, whoever they conceive Him to be, that they will do justice for all when they one day bury their minds and hearts into the realm of the legal profession.