DIE HARD III
Herman Tiu Laurel
10/21/2011
As the country’s elite reveled in the Edsa II mania back in January 2001; as Metro Manila got herded into “legitimizing the illegitimate,” three bright and fresh young UP law graduates (Sabrina Querubin, Ana Rhia Muhi and Charisse Gonzales-Olalia) spelled out the reasons the swearing in of a usurper as “acting president” by the then Supreme Court (SC) Chief Justice, who went to the Edsa Shrine to administer the oath and packed the rest of his fellow magistrates to witness it, was patently unconstitutional. That, of course, hit a sour note to their jubilation.
But no one knew that it was going to take one single lawyer, possessed of immense moral courage, to send out a shock wave so loud and ear-shattering that it would eventually jolt the SC (and the powers-that-be) out of their wits.
Even before he became a counsel to the ousted President Joseph Estrada, lawyer Alan Paguia already hammered on the unconstitutionality of the removal of a legitimately elected president who was neither dead, incapacitated, convicted in an impeachment court nor had ever executed a resignation letter, and denounced the SC’s participation in a manifestly partisan political activity.
No doubt various public forums soon sought Paguia out to shed light on these issues. But the Hilario Davide Supreme Court would have none of this free exercise of democratic space. It said in its resolution punishing Paguia:
“On the 7th Sept. 2003 issue of The Daily Tribune, Atty. Paguia wrote to say—‘What is the legal effect of that violation of President Estrada’s right to due process of law?... There was no fair play since it appears that when President Estrada filed his petition, Chief Justice Davide and his fellow justices had already committed to the other party — GMA — with a judgment already made and waiting to be formalized after the litigants shall have undergone the charade of a formal hearing’… Unrelentingly, Atty. Paguia has continued to make public statements of like nature… has not limited his discussions to the merits of his client’s case within the judicial forum; indeed, he has repeated his assault on the Court in both broadcast and print media… By his acts, Atty. Paguia may have stoked the fires of public dissension and posed a potentially dangerous threat to the administration of justice…
“WHEREFORE, Atty. Alan Paguia is hereby indefinitely suspended from the practice of law… for conduct unbecoming a lawyer and an officer of the Court. Let copies of this resolution be furnished the Office of the Bar Confidant, the Integrated Bar of the Philippines and all courts of the land through the Office of the Court Administrator. SO ORDERED. Davide Jr., C.J., Puno, Vitug, Panganiban, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Austria-Martinez, Corona, Carpio-Morales, Callejo Sr., Azcuna, and Tiñga, JJ., concur. Carpio, J., no part.”
First of all, a court’s partiality is always at the heart of every case. Paguia’s recounting of the facts, which he neither embellished nor invented, as these were self-admitted by then SC Justice Artemio Panganiban in his own book (which was later pulled out from the bookstores so as not to incriminate anyone’s sorry ass), is merely par for the course.
Secondly, in all of Paguia’s deliberations, never did I come across any vulgarity or personal assaults heaped by the lawyer against the high court — which is a stark contrast to how currently retired Chief Justice Davide comported himself when his pet “Truth Commission” was struck down by the SC, with him reportedly saying, “(This decision) clearly proves beyond doubt that the Court has become a protector of some people.”
Last Oct. 11, Alan Paguia’s suspension from the practice of law was finally lifted. After almost eight long years, his tribulation surpassed President Estrada’s incarceration, which lasted six years and six months, and was a bit longer than the seven years and five months endured by Sen. Antonio Trillanes IV — all unjust privations imposed on conscientious individuals.
Some legal luminaries may argue that the SC’s impositions were legal; but we contend that these injustices were merely part of the political persecution countenanced by the Establishment to maintain the status quo.
In the case of Paguia, almost everyone in the legal profession I have broken bread with contend that while the suspension was unjust, it was still the law. But doesn’t the law become just only when those who interpret it stand up for its moral precepts themselves?
From what I have seen, only Paguia has deemed it worthwhile to stand by that principle even at great sacrifice to his family’s primordial needs. For this, Alan Paguia stands as the perfect, shining example of what our law practitioners should be — a legal eagle with a keen discernment and an unwavering moral certitude. He is truly the kind of lawyer I will tell my son to emulate (if he ever pursues the profession).
As of this writing, Paguia is already preparing his papers to return to his primary vocation, the teaching of law. He likewise announced that he will now be active in public interest cases, such as the suit being prepared by our group on power issues with the likes of Bono Adaza, Mang Naro Lualhati, Jun Simon, Jojo Borja, Butch Junia, et al.
Parallel to this, I believe that we should raise this bright and shining example of legal illumination to greater heights in our national life, one, as a delegate to a constitutional convention or to the Senate where he can elevate the quality of legislative work, among other possibilities.
But for now, we say: Thank you, Atty. Alan Paguia, for keeping honor, dignity and principle alive through our nation’s Dark Age. Thank you for keeping the light burning even when black became white; evil became good; greed was grace; and the illegitimate was legitimized. You are a shining exemplar in the dark night. Mabuhay ka!
(Tune in to Sulo ng Pilipino/Radyo OpinYon, Monday to Friday, 5 to 6 p.m. on 1098AM; Talk News TV with HTL, Saturday, 8:15 to 9 p.m., with replay at 11 p.m., on GNN, Destiny Cable Channel 8, on “Quezon City Hall’s Corruption and Greed”; visit http://newkatipunero.blogspot.com for our articles plus TV and radio archives)
