By Atty. Howie Calleja
Many look at law as a career where there is no shortage of prestige, wealth, or power. Truthfully, that view has long validated the stereotype that lawyers seek profit over dispensing justice, or that they aim to use their knowledge of the law to circumvent the rules of court and shape the narrative to favor their client. In reality, lawyers have a sworn duty to society, the legal profession, and the courts – all before any individual client, or even himself.
While I acknowledge my bias in maintaining that the legal profession is an honorable one, no one can deny its necessity in maintaining order and upholding human dignity. And yet, for a career so essential to strengthening our democracy, it is one that has been under attack for years. The profession has been rocked, and made desolate, by the recent influx in the killings of our brothers and sisters. Over the past month, three members of the community have been murdered in broad daylight – senseless and violent losses not just to their families and communities, but to the entire country as well. They are three cases that make up the reported 53 judges, prosecutors, and lawyers that have been killed over the past four years alone, with an incalculable amount being victims of harassment, intimidation, and varying forms of violence. Even as of writing, a UP Law professor is declared missing and we can only pray that he will return safely.
A threat to the lives of lawyers is a threat to the threads of the rule of law that hold our democracy together. The legal profession is tasked with ensuring access to justice and the implementation of equality before the law and, without the adequate protection of the profession, it is the individual rights of the Filipino that is endangered. When the very instrument of justice is targeted, then what does that say about how the laws are regarded? Why do we say that discipline is the issue when it is obvious that what is lacking is respect? Due process has been disregarded by the very people who run the country, and now it is the justice system that suffers. As the attacks on lawyers increase, there is silence from Malacañang – we can only hope that these criminals are not emboldened in the wake of the inaction.
The danger to our profession, and our lives, increase, but the work never ceases. In the midst of a global pandemic, the role of lawyers becomes more important than ever. As we do our part in dispensing justice, we should not fear being harassed, or killed, as we defend the poor or do unpopular and thankless work. No one should fear carrying out their sworn duties, lest the rising violence threaten to place the proper functioning of the entire judiciary in jeopardy.
How then can we ensure a truly safe and thus, independent, legal profession? We must do away with selective justice on all levels; when we implement the laws fairly and equitably, those that are tasked with upholding the law are not put on the chopping block. The view that lawyers circumvent the law for their client’s gain, and that Lady Justice favors the rich, can only be true when double standard runs rampant. Equal implementation and ensuring accountability to those in power, without exception, as well as an exacting imposition of proper penalties is one answer to avoid blaming lawyers for carrying out their duty to the courts. When the court process is not tainted with corruption, and is transparent enough that the powerful elite cannot be favoured, then even the poor and uneducated can have confidence in our justice system. It is the system and culture of impunity that protects the rich and the powerful but, if the rule of law is implemented fairly and equally, then it is indicative of justice to the victims, and acts as a deterrent to criminals.
With 53 of our brethren gone over four years, the failure to resolve these crimes -and even a lack of swift investigations- deters the next generation of lawyers. Even more so, it gives cause for concern as to whether someone will fully fulfill their duties to dispense justice. In response to these violent actions, we must call for rapid resolution, lest the perpetrators be invigorated by the lack of response. As lawyers all over the country face the grim reality of the dangers of their profession, we only ask that our leaders give us assurance that safety of the judiciary, and its allies, is of the utmost importance. Without the prioritization of the protection of the legal profession, it seems like granting punishment is more important than the proper implementation of the law. The goal is not to be fear the law, but rather respect it as essential to a democratic society.
Though all lawyers go into the career with an appreciation for the rule of law that strengthens our republic, it is too easy to let fear outweigh one’s passion. Having been on the receiving end of dozens of death threats, I can confidently say that a lawyer’s oath to act with fidelity to the courts is one we must retake every day. Those in the legal profession put their lives on the line on a daily basis, but we cannot allow our attackers to shake our principles. I ask my fellow lawyers to trust in God and not let the deaths of our brethren demoralize our community, lest the attackers dictate the terms of justice.
