Javillonar, Eugene Albert Olarte

4A J.D. Second Semester

Legal Counseling and Social Responsibility

Requirement for Legal Counseling and Social

Responsibility
Report and Reflection for Legal Aid Event Held in
Baguio City Jail, Men’s Dorm

Introduction:
 In order to accomplish this requirement for giving legal counseling to
an actual client, I attended a CLAO sponsored event in the Men’s Dorm in
the Baguio City Jail on Sunday March 3, 2019; wherein the members of
CLAO will give a seminar on the Rights of the Accused and after which we
will give free legal aid to the detainees with the assistance of three volunteer
lawyers and under the general supervision of Atty. Tadeo.
The giving of free legal aid was done inside a recreational room
beside the main basketball court of the detention center, and it was done in a
one student to one detainee manner.

Background of the Client:

The detainee who went to me after the seminar was sir Federico
Sutero. He has been in the jail for over four months for charges of Estafa. He
is an elderly man of 65 years of age, born in La Trinidad. He lost his parents
in a young age so was on his own early on in his life. His occupation was
that of a carpenter and the highest level of education he attained is
elementary. His civil status is single and he has no children and stated no
relevant siblings or other relatives at this point of his life.

Demeanor of Client:
Before Mr. Sutero approached me for legal advice he looked rather
unremarkable but perceptive during the seminar. He sat in the front most
bench and was rather attentive during the talk. He responded to the questions
with nods and serious gazes at the slides being presented.
With the seminar over and I being the last one to report and give the
closing statements, Mr. Sutero approached me calmly and humbly, leaning
into me to tell me about his legal issues. As he explained to me his dilemma
of being in jail for over four months it was clear that as he recounted main
issues he started to get emotional.
Using hand motions and with a clear look of dismay he would rub his
chest saying how its painful that he was incarcerated over a crime he alleges
he has no connection to or has complete denial of the fact. He would point to

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his eyes imitating the motion of tears to show me his pain due to the fact the
recreational room we were all in started to get loud due to everyone talking.
He would rub his chest recounting the frustration of being locked up, and the
fact that he already has a low station in life and now he has to spend his
golden years in prison.
Emotions was running as he kept talking, and it eventually broke with
some tears as he reminisced over his plight. He would mention God and
imitate his hand in a praying fashion saying that religious services offered in
the prison helps alleviate the pain. His movements were all upper torso, he
hardly moved away from his spot as he talked to me nor did he take any
other steps. However, not everything was all sadness and lamentation.
Mr. Sutero also showed a slight hint of anger, though not obvious, it
was clearly there. Deep inside him there festered a hate over the person who
placed the blame of the crime to him. He would say “what if” scenarios,
telling me with honesty the possibility that if he were finally freed of the
prison he would look for the man who wronged him, and hurt him. Hurt him
and his family. Sutero would show his hands forward and as he glanced at
them he would clench them slowly as he slowly returned his gaze to me as
he recounts the frustration he is feeling over the imprisonment.
The animosity over the other man was tangible, but Mr. Sutero
calmed down with sadder eyes after a few seconds. He knew that it was not
worth it, that the man who wronged him was not worth it. So he told me that
it was just the frustration, but with the help of God and some patience he just
wants to be free and to forget this whole ordeal.
Though it might seem I have described Sutero as a vibrant person with
his actions, all this occurred very subtly and humbly. He kept his distance
over his body in relation to mine, and only leaned to my side in order that I
may properly hear him. There was never any body contact between us. No
handshake, no pat in the back; there was a clear divide and I could feel he
knew that, so I respected it and in turn kept my reasonable distance as well.
His eyes, hand movements and facial expressions where enough to convey
his information.

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Legal Issue/Controversy:

Mr. Federeco Sutero’s legal issue is that he was been imprisoned over
charges of Estafa as punished under the Revised Penal Code. He says that he
has lived life with no debts and simply gets by with his carpenter salary
through a day to day basis. He tells of a man who is from the Mt. Province,
saying that in his circle of acquaintances there is like a community where
they give help between and among them.
He was arrested while he was working. The details of the charge or
information was that he committed Estafa which caused the offended party
to lose P100,000.00. Sutero alleges that this was an unpaid debt that he had
nothing to do with, but was burdened on him as the debtor.
He makes a point to say that he lives with no debts and that
throughout the past years he has signed no documents or made any kinds of
legal instruments.
Thus, because he knows that he made no documents, and that there
exists no written evidences showing a kind of debt, he believes that all the
charges against him for Estafa was done through testimony.

Advice Given:
Based on such allegations and how Mr. Sutero presented himself
during his recounting, I advised him that he can be acquitted in the criminal
case. Since there’s no documents and all the charges are based on oral
testimony, then there’s a very high probability that the prosecution will not
be able to prove beyond reasonable doubt Mr. Sutero’s guilt.
The fact that he has been imprisoned for 4 months is visibly irritating
and saddening to Mr. Sutero. So with a gentle but sure tone, I told him his
case a winning one and that patience is all that is necessary. I told him to
have faith that this deprivation of liberty will soon come to pass and that I
am very sure that attorney assigned to him knows the same.
As to the moments where he mentioned getting revenge, I didn’t need
to tell him to stop that pursuit. He knew, and before I could advise against it,

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he told me it wasn’t worth it. To be free after the case but be later arrested
again was not worth it for a 65 year old man. I reaffirmed that belief, and
further supported his belief in God.

Reflection:

Over the course of the event with Mr. Sutero, I tried to keep cool head
and simply be attentive has he told his story. I kept clear eye contact with
him as told his story, and followed his hand movements when he wanted to
emphasize a thought, such as when he would lift a hand towards his face and
with a finger trace the tears he has cried because of the incident.
When he started to get emotional, I knew I cannot remain distant or
overly professional over this situation. The story feels real to him, and so in
turn a reacted with concerned looks and furrowed eyebrows. I wanted him to
keep telling his story, but all the more I wanted him to tell me his feelings.
So I reaffirmed such with responsive looks that show frustration and sadness
over his story.
I did not want him to feel alone as he told his story, so I made it a
point to be completely attentive to all he did, only glancing little by little to
make notes on my yellow pad.
Though it would seem his story feels real and that his allegations feels
like the truth, I kept some doubt in the back of head that this man could be
lying. But such thoughts I kept to myself, and that for Mr. Sutero I just
showed a sincere and deeply concerned persona. It takes a different kind of
person for a him to falsely blame another for Estafa, and to substantiate it
enough to make the prosecutor to file the necessary information in court,
even if the evidence seemed flimsy, it was enough to convince a prosecutor.
Mr. Sutero could be a really good liar. It’s been done before, and I
have seen people act and behave in such a way that shows true emotion, but
deep inside there’s nothing but worms. Though he cried in front me, there
was some gaps to his story, but I kept that to myself. For a person who feels
like he suffered much, he had such control to keep in his small spot as he

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talked. He actively knew where to move his arms, and felt like a rather
perceptive man.
But I could be wrong, he could be a man who has been falsely
imprisoned. He is suffering for a debt he never incurred, and now left to be
alone and confined in the Baguio City Jail. That he was just an imprisoned
man asking for legal advice and that as he recounted his dilemma he got
emotional. I can never really be sure, but at least for that moment I could say
that his story was heard.

_____________________________________
Student Participant

_____________________________________
Supervising Attorney