This article was first published in BusinessWorld on March 30, 2023.
(Alfonso S. David is a senior law student at the University of Asia and the Pacific. His account, shared here with his permission, is riveting, illuminating, and a frankly personal telling of how the idealism and theory of legal education can stand up to the reality of an actual legal case. Except for a few minor edits, this is his story.)
The pandemic brought a lot of realizations to us law students. For me, it reaffirmed my continued passion for the law. Just two years ago, a friend confessed that she had been a victim of sexual abuse by her stepfather. After having studied criminal law for years, I was in shock. The first thing I thought was, “Is this for real?” My friend did not have any source of income which would help her obtain legal services. As a then incoming senior in law school, I offered my help: from the filing of the complaint until the same reached the court for the trial. The experience was full of lessons, including some of the sad realities of the legal profession.
Upon filing of the complaint, several obstacles arose. First, the victim was unable to fully disclose all the details of the series of abuses. It made it difficult to build her case. Thus, I took the initiative to try to extract all relevant details, which took time. It made it hard to divulge because it included her mother as a conspirator. Second, during the preliminary investigation, this is where everything became more real.
On her behalf, I represented her against a seasoned lawyer of the accused. There was grandstanding by the latter. This did not stop me because I knew what I was doing was right. Sadly, the lawyer of the accused resorted to insulting my person, even questioning the existence of my alma mater, during the preliminary investigation. It had dawned on me that there are individuals who will still resort to these antics just to “showboat” before their clients. However, it did not turn me away from the profession and, instead, it motivated me to continue.
Months went by and the Office of the City Prosecutor recommended the finding of probable cause. A few weeks later, it was raffled to a family court which, later, issued a warrant of arrest against the accused. We were happy the accused was finally detained. Despite this, her very own mother even tried to “settle” for millions for her to stop pursuing the case. My friend did not waver and decided to push through with the case. Ultimately, the arrest was but part of the main objective: to obtain justice.
On a side note, while I was doing my clinical legal education program with another court in the Metro, the seasoned lawyer who disrespected me and my alma mater, appeared before that court. He was stunned to see me there. This time, however, his demeanor changed. He was courteous and professional. He addressed me as if I was his senior. Even after the initial trial, he addressed me as “pañero” (which is how fellow lawyers would address each other) and asked me if I could settle as to the civil aspect of the case. Like my friend, I did not waver. Instead, I told him that only the victim can decide and all I can do is to relay the offer to her. Thus, if it were not for the second encounter we had, things would not have changed.
Before the first hearing date, the victim was always anxious and nervous. She would constantly request meetings with the public prosecutor assigned to her case to further build it up. There were instances where the public prosecutor asked my help to build her case, and even to find ways to work against the defenses of the accused. Doing research work and building up arguments made me realize how my years of sleepless nights, and anxiety over recitations and exams paid off. It helped me put theory into practice. It helped me understand the concepts, which were sometimes difficult for a law student’s imagination to construct or grasp. It was indeed law school in action.
After several court hearings, early this year a decision was rendered. It held the accused guilty of several counts of rape and liable for more than a million pesos worth of damages. When I learned of the decision, it gave me a sense of fulfillment in helping someone obtain the justice she had longed for for a decade of abuse due to the cruelty, greed, and inhumane acts of the people whom she looked up to.
From this experience, I realized that the pursuit of law and being part of the legal profession is not just about its prestige and privileges. Rather, it is more about being able to extend your guidance and help to people who are subject to abuses and injustices. As students of law, we should always remember that service to our fellow countrymen should be our primordial concern. As the late President Ramon Magsaysay once said, “Those who have less in life should have more in law.” We should never forget why we pursued law and to always remember that we have been trained to defend the law and embody justice. The value of helping someone attain justice, for justice to prevail, is priceless.#
Jemy Gatdula is a senior fellow of the Philippine Council for Foreign Relations and a Philippine Judicial Academy law lecturer for constitutional philosophy and jurisprudence.
Banner photo by Tingey Injury Law Firm on Unsplash.
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