INTRODUCTION NEVER STOP BELIEVING! “Pang, | want to become a lawyer someday” ‘These were the words of my four-year-old daughter, Robelle. As | listened to her, I felt my heart skip a beat. Did I hear her right? Did she really say she wants to be a lawyer? Most parents who are lawyers would probably throw a party upon hearing their eldest child utter those spine-tingling and earth-shaking words. But not |. My reaction was different. 1 became anxious. Scared, even. Perhaps even terrified, It would have been different if it were not Robelle who saic those ‘words, say, an acquaintance, or my neighbor, ora dear friend. But no, it was my precious litle angel we're talking about here. How would she survive in this profession, | wondered, Can she keep her values intact, remain righteous and not compromise? And by doing so, can she maintain a successful career? ‘And then it dawned on me.irRooUcTION ! {realized that just like many of my colleagues in the profession ‘am likewise seriously challenged to keep my faith in the nobility ofthe profession I've chosen. | can a lawyer be righteous and successful at the same time? can a lawyer be honest and still win a case? Cana lawyer not resort to dirty tactics and still close that deal? an a lawyer keep his clients without losing his soul? ‘That is why I wrote this book: to convince you, my dear colleague, that we should never stop believing, We must continue to believe that ours is a profession of integrity. ‘That there are still many lawyers out there who choose to keep their dignity over dishonest wealth. That our profession can still recover: whatever luster it may have lost over the years. That righteous lawyers, can still make a difference in a profession marred by scandal and shame, ‘As Lwrite this, series of ancient and overused lawyer jokes floods ‘my mind. The most famous one is about St. Peter and Satan who figured ina car accident at the boundary of heaven and hell. Naturally, twas Satan’s fault, Peter then stepped out of his heavenly mobile and snapped at Satan, “I will sue you, Luci!" Satan smiled, “Fine. But who's going to represent you? There are no lawyers down your end” Another joke talks about a lawyer who was shopping for his tombstone. After he had made his selection, the stonecutter asked hhim what inscription he would like on it. “Here lies an honest man and a lawyer," said the lawyer: "Sorry, but I can’t do that,’ replied the stonecutter. "In this state, it saaceutes Tn thissae ls against the Law to bury two people in the I 2 : NevER $T0? BELIEVING! ‘Tobe honest, lam tired of hearing lawyer jokes. Initially, they might elicit some awkward laughter. But the more I hear negative lawyer jokes, the more | am challenged to take a closer look at the profession Ichose. ‘Are lawyers really destined for hell? Can lawyers ever be honest? Don't we know of so many lawyers who are? You may not be a saint, but | am convinced that there is something in you which hopes and strives to be a good lawyer: Perhaps you picked up this book from the shelf because seeing the title had given you hope in what you think is impossible. Or maybe the person who gave you this book thinks you need help to be one (I hope not!), Or maybe the person believes that you already are a good lawyer: | don’t know your reasons for reading this book. But one thing lam sure of is the reason why I wrote it. This is nota legal treatise or a law textbook on legal ethics. I leave the writing of those materials to the more scholarly among us. This is also nota self-help book giving you a step-by-step foolproof method of how to become a good lawyer. ‘This is not even a manual on moral living. So what, then, do I have to offer in this book? Let me recall a famous story in the Bible. ‘A huge crowd was following Jesus by the Sea of Galilee. Seeing that the people were hungry, Jesus asked his disciples to give them something to eat. But all the disciples had were two hundred silver coins, not enough to buy bread for the large crowd before them.InrRopucTION t was Andrew who directed Jesus’ attention to a boy with barley loaves and two fish. Using what little this boy had to offer, Jesus miraculously multiplied the loaves and fish. That day, the crowd wag fed because one boy had chosen to share what little he had. I feel so much like that boy. 1 feel | have little to offer our profession compared with our other more experienced and veteran colleagues, But you know what? ‘The little I have, | give. ‘And my prayer is this: with the little I have, many may be fed. Not because of what I can give, but because of the many miraculous things that can happen when somebody truly believes. What this book offers, therefore, is hope and inspiration, Hope for those among us who became lawyers because we believe in the nobility of our profession, only to be confronted with the suffocating stench of compromise. For those among us who once dreamt of upholding truth and justice, only to be choked by hypocrisy. For those among us who once sought to fly high as a lawyer of, integrity, only to be grounded by the sad reality of legal and judicial corruption, For those among us who eagerly followed the Divine Hand in this, profession, only to be ambushed by the deathly blows of seemingly lunconquerable systemic immorality. tow A Jo those among you who are just about to graduate from Having no oklng th Yeu all your high hopes and aspirations but otal low to navigate: waters that isthe legal professions NY rough the treacherous NevER STOP EELIEVING! | believe that because you are holding this book in your hands, there is something in you that hopes and strives to be a good lawyer. Hope with me then. Dream with me once more. For nothing is impossible for those who believe. You will ind in this book the five keys that allow a lawyer to practice his or her profession with integrity. Study these keys. Believe in them. ‘Take them to heart. Apply them in your life. And allow them te slowly but surely unearth from within you the “good lawyer” which you have always aspired to be. Do you want to make a positive change in our profession? Do you want to help in regaining the respect of the public for lawyers? Do you want to be financially secure and keep your dignity intact? If your answer to these questions is “yes,” then this book is for you. All| ask of you is to read every page with eyes of faith. Not with cynicism, pessimism, sarcasm or distrust. For | am convinced of one thing: Miracles do happen when people believe, lend my journey here as you begin your own with a flip of this page. Iremain your compafero,KEY 1 PURPOSE ‘And we know that in all things God works for the good of those who love him, who have been called according to his purpose. = Romans 8:28 I am here for a purpose and that purpose is to grow into a mountain, not to shrink to a grain of sand. Henceforth will | apply all my efforts to become the highest mountain of all and I will strain my potential until it cries for mercy.* = 0g Mandino, author, essayist and psychologist% % CHAPTER | ROCK-SOLID FOUNDATION ‘Many men go fishing all of their lives without knowing itis not fish they are after? Henry David Thoreau, American essayist, poet and philosopher Ithas been told that during the Nazi Era, in a concentration camp in Germany, two Nazi officers had a very interesting conversation about the state of their prisoners, “They seem so bored,” one officer said. “You know, lying around the whole day not doing anything in between tortures” “| agree,” replied the other, "Maybe we can order them to transfer this pile of junk from this side of the camp to the other.” “Why should we do that?" “Well, just so they get to do something.”ey 1 PURPOSE « were made to move the junk pile from one side one hor After a week of successfully transferring the return the junk pile to the other side oy pile fo the ote ge of the camp to the other. Until one day a prisoner pile rom reurally, he was shot as he was climbing the barbed wire escape ny did you do it? You knew you were going to be shot.” asked Fone Dying and gasping for air, the man replied,""d rather So the pris of the camp to the other Warren, author of the best-selling book, Purpose-Driven Life, ic rica tis usually meaningless work, not overwork, that wears us wrote, 0 down, saps our strength, and robs our joy" Do you know wiy you do what you do? Why are you a lawyer? Why are you not a doctor, a teacher, or a priest? Why are you working for that law firm or for that company? ‘Why are you in litigation and not in tax law? Why did you accept this client and refuse the other? Many lawyers and law students don’t answer “why” questions right away. But what they try to avoid only delays the inevitable. Somewhere, somehow, sometime, they will have to confront these fundamental ‘questions of life. And the triggering event can be anything— —Losing a big court case ‘inning a case, but losing one’s family in the process because ofthe long hours spent in the office and away from the family ‘CHAPTER F ROCK-SOLID FOUNDATION — Being forced to give that bribe money —Being offered that bribe money —Seeing an innocent client goto jail —Seeing a guilty person avoid jail At some point, one has to come face to face with reality and question the very reason why he is who he is, And unless your “why” is rock-solid, you will either go with the flow like a rudderless boat on torrential waters, or worse, sink to the depths of despair. Atty. Theodore Te,* a brilliant human-rights lawyer and 2 good friend, recounted to me his search for purpose both as a lawyer and asa person. ‘Ted is an upright man filled with a burning passion for his profession, He shot to legal prominence when, as a young lawyer of the Free Legal Assistance Group, he handled the celebrated cases of death convicts Leo Echegaray® and Pablito Andan.’ The story is familiar to the legal world. ‘The young idealistic lawyer fought tooth and nail, not so much to gethis clients offthe hook, but to prevent them from being sentenced to death, Eventually, the death sentence of both Echegaray and Andan was affirmed by the Supreme Court. They were to die by lethal injection. ‘To make matters worse for Ted, his two clients requested him to be with them during their execution. In a sense, they asked him to watch them die. ‘Ted sat at the lawyer's booth as he helplessly watched his clients die slow deaths eight months apart of each other. And as each of his clients breathed his last, Ted also died inside.ey 1 PURPOSE hich followed saw a period of withdrawal for Teg itwas more of a retreat, a stepping back tg nd where he intended to be. It was a time to ‘The months wl No, it was not surrender. see where he had been an confront his “why.” ‘ed recalled: “The ugliness I had been made to witness showeq ine just how bereft of purpose my lawyering is if were not directeq Tewnrds something far, far better than what I had already been doing Iwas slowly getting angrier and angrier, and the large, gaping hole in, mny heart was getting bigger and bigger.” itisin moments like this, in the pits of despair and meaninglessness, when one, even the best among us, is forced to confront the reality Dr his or her reason for being. This reason for being is what we call “purpose.” The dictionary definition of purpose is quite straightforward, Purpose is the "reason for existence: the reason for which something exists or for which ithas been done or made Purpose is one’s foundation in life, without which one easily crumbles in the face of confusion and adversity. Itis the bedrock upon ‘which we build not just our legal careers, but our very lives. William Barclay, the great Scottish theologian, highlighted the importance of purpose: “There are two great days in a person's life— the day we are born and the day we discover why." Itisa tragedy when one goes through the entire stretch of his or her lifetime without even knowing why he or she was born, | heard somebody recount shamefully, "My eldest brother was born with intelligence. My sister was born with exceptional beauty. My ‘youngest brother was born with a gift for music. Me? I was just born” ‘CHAPTER | ROCK-SOLID FOUNDATION Sad, isn't it? But reality bites. There are many out there, including perhaps some of you reading this book, who have yet to confront the very reason for their existence, Now, for us lawyers and those studying to be lawyers, itis ofutmost importance to settle this issue at the outset because unless we have a rock-solid foundation as a person, we will most likely have a shaky career as a lawyer. In the midst of insurmountable pressure from the demands of our profession, one can find stability only when one is sure of his or her purpose. ‘What kind of purpose is rock-solid? A purpose bigger than you, bigger than your profession, and is worth dying for. A purpose bigger than you Bigger than your intellect. Bigger than your talents. Bigger than your abilities. Bigger than your bank account. Bigger than your biggest dreams. You need to have a purpose bigger than you Why? Because “you will fail you. Just like Ted who saw his seemingly boundless legal abilities shackled by reality, we can also fall short of our expectations. And we can fail really badly. Sometime during your career, you may realize youare not as good as you think you are— —Your client lost his property, or even his freedom, because of you. You failed to convict because of a slight misstep in your presentation of evidence.ey 1, PURPOSE —You bungled your oral argument before the Supreme Court. Sooner or later, Your weaknesses will catch up with you. And whey you fail yourself, the passion for your profession can fizzle as well, Tha ie wiry it is important to live for something bigger than you, ‘There are some lawyers I know who are so full of themselves that is, of their being lawyers—that they have no more space for other, nobler things in life. Lawyers who are so preoccupied with themselves—their reputation, their giftedness, their brilliance ang their ambitions—are often those who may be enjoying tremendous success, but are falling short in other aspects of their lives. And les, ‘you fall into the same trap, or perhaps to lend you a hand out of that hole if you are already in it, let me share with you one longstanding secret of life: Self-preoccupation is a sure ticket to barrenness. "Barrenness” here does not mean lack of success. On the contrary, self-preoccupied lawyers may achieve remarkable success in their profession. But many of them also lie awake at night as they try to cope with the deafening silence of an empty life. You see, success alone cannot bring joy. Accolades by themselves cannot bring fulfillment. Heaps of praise from other colleagues can warm the heart, but can never fill the void of meaninglessness. Barrenness comes from a life lived without a rock-solid purpose. Albert Schweitzer, theologian and Nobel Peace prize winner, remarked that “the tragedy of life is what dies inside a man while he lives”? Many of those who live only for themselves are living but dying, fll of sucess yt barren of meaning, tragically and hopelessly empty within, ‘That is why the Bible says ‘Truly, truly, | say to you, unless a grain of wheat falls into the earth and dies, it remains alone; but if it dies, it bears much fruit, (John 12:24) ‘The opposite of *barrenness” is “fruitfulness.” Real fruitfulness in a person's life comes when one decides to die to oneself—to one’s preferences, to one's selfishness, to one’s self-centeredness. It is when ‘one decides to practice his or her profession for something greater than wealth or prestige that one experiences the full vibrancy of the he or she has chosen. profes: ‘Some of my former colleagues at the Office of the Ombudsman and at the Office of the Special Prosecutor come to mind. Many of them are high-caliber lawyers who forewent a lucrative careeriin the private sector just to serve the Filipino people. We all know that public prosecution as a field is not exactly a lawyer's paradise. Aside from the exceptionally low pay (at least compared with that of the private sector), itis also a high-risk occupation given the many death threats that one may encounter in the course of prosecuting powerful and highly influential government officials. But you know what? Many of my colleagues in the government are still, for me, relatively some of the happiest lawyers in town, Take, for instance, Assistant Ombudsman Jose de Jesus Jr, a dear friend and a public servant with almost two decades of legal practice under his belt. After all these years, you don't see Manong Joey slowing down. Still slugging it out with the best of them, Manong Joey exudes the joy of what he does and the passion for what he still intends to accomplish. A man deeply entrenched in his faith, he is one of those who practice their profession for a purpose bigger than they are. Let me guess: Some of you reading this may be experiencing great success as lawyers but are not fulfilled in life. Then maybe it's time to revisit your purpose in life. Is it really bigger than you?ev 1, PURPOSE Let your purpose be big. Let it be so big that it can accommoday, all your goals, dreams and aspirations under its umbrella. David g Mckay, the ninth president of The Church of Jesus Christ of Latter. Saints, placed it well when he said, “Find a purpose in life so big i Dill challenge every capacity to be at your best." Now, you may later find yourself not as successful as those who are so self absorbed, but you can be assured that you will be healthier and happier. Don't get me wrong. I don’t mean to say that fulfillment and success are mutually exclusive. In fact, | know of many fulfilled people wing dire incredibly successful lawyers. I will not even hesitate to say that shecess naturally comes to one whose purpose is so clear and so big, ‘Another great leader, Dwight D. Eisenhower, the 34" President of the United States of America, remarked: We succeed only as we identify in life, or in war, or in anything else, a single overriding objective, and make all other considerations bend to that one objective." So what do you need to do? Doa “Copernican Revolution.” Let me tell you what I mean. In 1543, in his On the Revolutions of the Heavenly Spheres, great astronomer and scientist Nicolas Copernicus theorized that the sun was actually the center of the solar system, not the earth as was traditionally believed. His pronouncement shook the highest echelons of government as well as of the church. Very few believed him because his theory attacked the long-standing belie of goocentrism (earth as the center), It was only in the 1600s when astronomers and scientists like ‘Tycho Brahe, Johannes Kepler, Galileo Galilei and Isaac Newton CHAPTER | ROCK-SOLID FOUNDATION. proved Copernicus’ theory to be correct. Thus, the term "Copernican Revolution.” I challenge my colleagues in the profession today to doa Copernican Revolution. To veer away from self-centrism and to recognize that your life, as well as your profession, is not about you. Your life should center ‘on something bigger than you. Call it whatever you want to call it: an ideal, a meaning, a reason or a purpose. For me, the bottom line is this Live for something that, unlike you, cannot fail you. A purpose bigger than your profession When asked, many lawyers and lawyers-to-be answer that their purpose in life is to be a great lawyer. Sadly, with this answer, they mistake their purpose for their calling. But one’s purpose should be bigger than one’s calling. Granted, your calling today is to be a great lawyer, But is that also ‘your purpose in life? —What if you had to stop practicing the profession because of a heart condition? —0r if you have to retire early to take care of your sick wile? =r if you have to migrate and be with your family abroad? 01, God forbid, you get disbarred? What, then, will be your purpose in life? ‘This reminds me of a story I read about a greyhound race. ‘Agreyhound race involves dogs which are made to runasfastasthey could around a track by following a mechanical rabbit. One day, after ”ey 1: PURPOSE the starting shot had been fired and asthe dogs chased the mechanic rsp,» sudden electrical short circut caused the mechanical rab reeaplode. With their rabbit gone, the bewildered animals sudden} tehaved oddly. They simply stopped running and started to ag strangely. some of the dogs lay down on the track with their tongues hanging out. Two dogs ran around excitedly and eventually crasheq gate a brick wall, Another dog even tried chasing its own tail t's my point? The dogs did not know what to do when the What up because they lost their reason to run, mechanical rabbit blew Humans are no different. When we lose that sense of purpose for what we do as persons and as lawyers, we end up like those dogs— confused, shaken and bewildered with life Your purpose must be bigger than your profession. It must be bigger than your calling. You see, your calling may change at different stages of your life But your purpose remains the same. Today you may be called to bea lawyer, When you retire later in life, your calling might then be to bea good grandfather to your grandchildren. Take my case, for instance. My purpose in life is the backbone of my journey from working in the private sector to working in the government sector and eventually to.a limited legal practice set-up. In 2003, when I passed the bar, | knew my calling was to be the best lawyer that I could be, How did I know that? Because based on my discernment, my circumstances at that time showed that practicing law was the best way that I could love God with my all Fastforward 102008. resigned from publicoffice in order to pursue tission work. The reason for practicing law in 2003 and the reason for ‘CHAPTER |; ROCK-SOLID FOUNDATION leaving it behind in 2008 are the same: to find the best way by which I ‘can fulfill my purpose in life given the attending circumstances. ‘The major decisions | make in my life are mere reflections of my purpose. My calling at the different stages of my life may change. My purpose, however, remains the same. It bears stressing: Your calling might change at different stages in ‘your life. But your purpose is constant from womb to tomb. ‘Therefore, find a purpose bigger than your profession. Find a purpose larger than your calling. Mary Teresa Decker was an American track-and-field athlete who held seven American records. In 1984, Decker was at the peak of her trainings she inched closer to her dream ofa gold medal in the 3,000- meter event in the Summer Olympics that year. Unfortunately, the years of hard work and preparation culminated not in glory, but in an embarrassing tragedy. During the historical race, Zola Budd, a fellow competitor, half a stride ahead of Decker, moved to the inside lane, inadvertently crowding Decker. Decker collided with Budd and fell spectacularly to the curb. Decker's hip was injured, and she was unable to resume the race. Lying helplessly on the track, she watched as her years of hard training became useless, and her dream for an Olympic gold medal vaporized before her very eyes."* Ido not know if Decker had a purpose bigger than her profession. will not even venture to second-guess her: I used this true story simply to highlight my point: Live for something bigger than your profession because when your profession is taken away from you, either by health or by law or by any other tragedy, you may find yourself empty-handed, not having anything else to live for.ey 1 PURPOSE A purpose worth dying for Michael Jordan and Simon Peter may have one thing se Rizal, i Jose ive found their purpose in life, and they were convinced common: they was worth dying for. eee on December 30, 1896, Jose Rizal stood confidently as a phatany of Spanish soldiers aimed their rifles at him. As gunshots echoed jy Bagumbayan that day, his legacy likewise echoed! in the hearts of hig fountrymen. Jose Rizal had founé his purpose in patriotism, And he ‘was willing to die for it. eee ie was huffing as he raced down the court. The cheers of the stadium crowd were muffled. The surrounding sights were blurred. He knew he could collapse any time. But it did not matter: The score said it al: 90-88, as the buzzer scunded. They won, but not without 4 price: the health of Michael Jeffrey Jordan. In Game 5 of the Utah Jav2-Chicago Bulls 1987 NBA Championship series, Michael Jordan ‘arried the Bulls to a series-leading victory despite playing with life- threatening stomach flu. “I nearly died for a basketball game," Jordan Jater said in an interview. ‘This might be a long shot, but I believe Jordan saw his purpose as 4 basketball player, and found it worth his health and maybe even his life. eae ‘The fisherman-turned-charismatic-leader of the biggest spiritual revolution the world has ever known was hanging on a cross, but not the way his master had hung some years before. He did not consider CHAPTER ROCK-SOLID FOUNDATION himself worthy of dying the same way his master had. Instead he chose to hang on a cross upside down, Simon Peter, or St, Peter, was the first leader of the Christian church. It was he who said to Jesus, “Even if have to die with you, | will never disown you" (Matthew 26:35). Obviously, he found that his purpose in life was to live and die for his Master whom he loved and who has loved him dearly, No wonder Jesus did not hesitate to build His church on Peter: As Jesus said, “And I tell you that you are Peter, and on this rock | will build my church, and the gates of Hades will not overcome it” (Matthew 16:18). Talk about rock-solid foundations. sob te How about you? Have you found that one thing in your life you are willing to die for? Will you be willing to suffer or even die if only to ‘remain faithful to your purpose? In the legal profession, you can be “crucified” for several reasons. For your principles. For your righteousness. For your unwillingness to make compromises. in the same way that an innocent Jewish carpenter was crucified 2,000 years ago because of his unwillingness to compromise his mission, you too can suffer the same fate if you dare to be “white” in a world of “greys.” Nails may not be driven through your hands, but immoral concessions for the sake of profit will drive you to the wall. Whips may notlash at your back, but you can geta tongue-lashing from a boss who cannot understand why you refuse to give bribe money to the judge. You may not be ordered to carry a cross on your back, but you can carry the weight of a guilty conscience for causing the acquittal of a client who you knew was undeniably guilty. nver 1 PURPOSE _— in life worth all these di cut to the chase: Is your purpose i Se dire sequent Inot, then there is a strong likelihood that you willbe conseed by the corruption within the legal profession, swallo ‘A ease in point involves a top-notch lawyer whose incredible dedtation to his purpose in life eventually led to his sad demise, He was not only a lawyer but a top government official. His exceptional legal and diplomatic skills carried him to the highest levels Sf public office. But just like many of us, his foundation, not only as lawyer but asa person, was challenged at one point in his career, The leader of his country wanted something simple from him; to swear to recognize a new act called “Succession to the Crown Act 1533" He refused to make the oath because doing so would mean that he adhered to the annulment of his leader's previous marriage, a condition not recognized by the church. He also refused to recognize the Act because It carried with it the provision that his leader would then become the Supreme Head of the Church of England. His refusal to pledge allegiance to the Act not only cut off his relations with his office, but also led to the cutting off of his head at the gallows. Just ashe ascended the steps to the scaffold on that fateful day, July 6 in the year 1535, he was heard to have boldly announce what is now a famous quote: "I am the king's servant, but God’s first.”** ‘The King's name: Henry VII. ‘The lawyer's name: Thomas More. ‘Thomas More had a rock-solid foundation: a purpose worth dying for. Remember, if you have a purpose that is bigger than you, bigger than your profession, and is worth dying for, then you have a rock-solid foundation both asa lawyer and as a human being. And no threat to life or Limb will ever cause you to give in or give up. 2 (CHAPTER I ROCK-SOLID FOUNDATION Noted international leadership expert and motivational speaker John Maxwell emphasized the importance of purpose especially in the most challenging times: A difficult time can be more readily endured if we retin the conviction that our existence holds a purpose—a cause to pursue, a person to love, a goal to achieve. Find that purpose and build on it. Strengthen it. Firm it up. Make it tough. So that whenever the storms of corruption and comaromise beat upon your house, you can stand firm because your life and your career are built not on sand or mud, but on nothing less thar a rock- solid foundation." e & CHAPTER II FIRE-TESTED RESOLVE No power in society, no hardship in your condition can depress you, keep you down, In knowledge, power, virtue, influence, but by your own consent."* Wiliam Ellery Channing, morals, Unitarian, clergyman and autvor ‘As 1 write this chapter, | am confronted with several job offers which promise a good salary. One is legal work for another government, agency. Another is for a company which seeks to retain my services as an in-house lawyer: The other is a job for a consultancy firm. Then there's one that has something to do with show business (I think they need someone to play the title role in a horror movie or something). Now these offers are extra tempting simply because | am in need of money. I just resigned from my job. My wife and I (together with other partners) have just started our own business. My eldest daughter will be going to school in two months’ time. We have bills te pay and investments to keep. The most logical thing to do is grab the highest paying opportunity, correct? Well, not necessarily. sev 1 PURPOSE Is is clear in their lives You see, for people whose purpose is cl VES, the ecatces dio not come easy. Money isn’t the primary consideration Neither is career advancement. Purpose is. \ In trying to explain the necessity of these tempting offers forth strengthening of my chosen purpose, | asked my wife, “Why did Goq give me these different job opportunities if He does not want met) take any of them?” Her consoling yet thought-provoking reply was, “To purify your purpose.” “This brings me to one important principle of a rock-solid purpose Itmust be tested by fire. Purified by temptation. Sanitized by challenges. Filtered by hardships. Cleansed of selfish motives. Your purpose must be tested by fire if only to strengthen your resolve in what you want to do and what you want to be. This reminds me of a story often told by motivational speakers. They say that gold is purified by fire. When the gold is thrust into a fiery furnace, the impurities of gold emerge and are eventually separated from the gold, The goldsmith will know when the gold has been completely purified when he sees his reflection on it. In the same way, that is how your purpose is purified—by fire. And “fire” can come in many forms— —Losing a big case and risking your hard-earned reputation —An offer of a bribe when your family is in need —The temptation to state a half-tr (-truth in a plea your job is on the line Fey —The need to perform even if you have lost the passion for what you do ‘And just like the goldsmith, you will know when your purpose is purified when you are able to see in your chosen purpose more and Frore of who you really are and what you desire to become. As the saying goes, “Adversity introduces a man to himself” Adversity and challenges somehow make one more and more aware of his or her purpose, meaning, and reason for being ‘As lawyers, we need to have our purpose purified so we can be more grounded in our decisions in a world filled with greys. In this chapter, we will identify the fire-like tests common in tie legal profession, which are a means towards purifying our purposes Rather than despise these tests, let us utilize them to help us become stronger and rooted in our identity as good lawyers. FIRE-LIKE TESTS 1, Pressure Lawyers are trained to withstand pressure. Law school itself is a pressure cooker. Class recitations before the most terrifying professors await law students every day. Written exams are timed. If pressure to lo well is part of the lawyer's fare, how come some lawyers give in to it when it comes to moral living? You know what | mean— You are a new lawyer working at your first law firm when the boss says you need to acquit this client by hook or by crook. ”wey 1: PURPOSE — Yow are in dire need of cash when the client pressures you to ie in court in exchange for twice the agreed lawyer’ fees. You are a prosecutor when the judge requests you not to object if he dismisses the case for failure to prosecute despite the overwhelming prosecution evidence. “Don’t worry, fiscal” he says. “You are going to geta huge cut from what I am going te get.” 1 do not mean to malign any person or institution when I say that this is the sad reality: there is pressure to conform and compromise, land worse, to commit that which you vowed to fight against when yoy ‘were still in law school. ‘A Filipino lawyer whom I personally know—let’s call him Rene —recalled: Sometime ago, I was asked by a superior to affix my signature to a document that | knew contained blatantly false information, As a young lawyer, I knew that refusing to do so might get me the ire of my superiors or worse, ight even cost me my job. But while my mouth stuttered as respectfully begged off from signing said document, my heart was resolute in standing firm on what I believe was moral and proper. Besides, Canon 1, Rules 1.01 and 1.02 of our Code of Professional Responsibility state, respectively, that “[a] lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct” and “shall not counsel or ‘abet activities aimed at defiance of the law or at lessening confidence in the legal system.” ‘The days thereafter were pressure-laden. My refusal to do what my superior esked me to could have very well been nny ticket to the world of the unemployed. Imagine, getting fired from one of your first jobs as a lawyer. ‘CHAPTER FIRE-TESTED RESOLVE ‘To my surprise, I never got a termination notice. instead, | was even assigned very good cases after that—you know, those cases that require you to really fight without resorting to deceptive legal maneuverings because the truth is on your side, From Rene’s experience, let me share with you one principle on how to utilize pressure to your advantage: Look for the value within the value. Rene was afraid that his valie—honesty—may get him on the bad side of his boss. But instead of getting mad at him, his boss entrusted him with more "good cases.” My theory? His boss may have seen the value within the value. ‘That while Rene’s honesty may mean that his boss cannot make him do whatever the firm wants him to do, the value within it—the ability to fight for what Rene believes is right—was something his law firm can fully utilize to its advantage. And true enough, the law firm saw his passion for the cases he believed in, He threw his heart, his mind, and all his abilities into those cases. This, | believe, eventually redounded to the benefit of his office. 1 exhort you to never give in to pressure if doing so means compromising your principles. Instead, find the value within the value. One's ability to remain righteous in the midst of pressure will goa long ‘way. twill bring credibility. [twill inspire confidence, t will encourage belief. That is the value within the value. 2. PRACTICALITY One thing I hate when stopping before a red light at two in the morning is when somebody else violates it just because the roads are »ey 1: PURPOSE deserted, His or her justification: Why obey the traffic light when i ‘ the, fre no cars on the road anyway. Practical, isn’t it? te Now you know why more road accidents happen in the wee hou ofthe morning than at any other time of the day. You see, someting. ‘what is practical can be the most dangerous. And what is true in trafiy te also true in almost all aspects of life, including in legal practi Sometimes, the temptation to do what is practical in a given situatioy ‘can cause one to compromise his or her very purpose in life. some lawyers are fond of shortcuts, even at the risk of violating the Jw. Take, for instance, notarial work. For an oath to be administered, the 2004 Rules on Notarial Practice requires that the affiant mus, present himself or herself personally before the notary public anq must be personally known to the latter: SEC. 2. Affirmation or Oath, - The term “Affirmation” or “Oath” refers to an act in which an individual on a single occasion: (a) appears in person before the notary public; (0) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; But we often see how this rule has been repeatedly violated by many of our colleagues, all in the name of practicality. Perhaps because of the voluminous documents they need to notarize. Or because of lack of time, Or because they are pressured by other, more important things todo, But you know what? The reasons never outweigh the risks involved in cutting corners, Take, for instance, Administrative Case No. 5764, wherea lawyer was suspended from his commission as a notary public by theSupreme Court for notarizing a document without requiring the atfiant to appear before him. The Supreme Court emphasized: itis necessary that a party to any document notarized by a 4, MUAY Public appear in person before the latter and affirm CHAPTER I: FIRE-TESTED RESOLVE the contents and truth of what are stated in the document. ‘The importance of this requirement cannot be gainsaid. ‘The acknowledgement of a document is not an empty meaningless act. By ita private document is converted into 1a public document, making it admissible in court without further proof ofits authenticity. For this reason, itbehooves every notary public to see to it that this requirement is observed and that formalities for the acknowledgment of documents are complied with.” ‘The late Atty, Frank Villanueva, a deeply spiritual man, was reputed for being faithful to the dictates of this rule. During his lifetime, he was known to be a lawyer of integrity and was much respected by his peers, especially because he refused to notarize documents unless the affiants personally appear before him. Don’t get me wrong. I don't mean to promote being overly scrupulous in implementing the law and in observing the rules. But what I am cautioning us against is the devil-may-care attitude of brushing them aside all in the name of practicality. ‘So how do we strike the balance? Learn not what is illegal, but what is extralegal. earned this principle from, in my opinion, one ofthe most brilliant professors that have ever set foot in the University of the Philippines College of Law, Atty. Marvic Leonen, its Dean as of this writing. ‘According to him, cases are won and lost not only in the realm of what is legal, but also in the arena of what he calls extralegal. The real battle in litigation, he says, sometimes happens outside the courtroom, and not during the actual trial itself Coming to court on time, proper decorum, diplomatic relations with other court officers, and actual case preparation can be timeless ‘weapons in any courtroom battle, Without doing anything violative of the rules and the law, and by simply using some sure-fire and time~ atested practices, you are able to gain good ground for your case ang fy the interests of your client. i e I; that is, you use In that regard, it is fine to be practical wa en to win your case outside the confines of the coded ew fa within the bounds of what is Jegal and moral. ut ‘Another example might be the elementary distinction be tax evasion and tax avoidance, The former i illegal, the latter is nyp Good tax lawyers do their homework on tax avoidance to provig their clients the most practical way of keeping their money. Withou, violating the law. | encourage you to never be enticed by what is merely practica, Sometimes, what is practical can be the most risky. Rather; | merely exhort you to learn the craft of those among our colleagues why are highly competent and principled: finding out what could be the most practical and efficient way of serving the interests of your client without breaking the strictest standards of the law. 3. Prive When pride is met with despair, purpose is often compromised, ‘Take, for instance— —A struggling lawyer suffering a losing legal practice and being the butt of jokes of his colleagues —Ayyoung, ambitious lawyer fighting for that promotion —A lawyer, who is about to retire, with bills to pay and a lifestyle to maintain ~A veteran lawyer coping with a losing case and a possible loss of reputation 2 CHAPTER Fme-TESTEORESOLVE ‘These men and women take pride in what they do and in who they are, and are willing to do anything to get what they wantand keep what they have. But they are also the most susceptible to compremising their purpose in life. Pride is a double-edged sword. Like a coin, it has two sides. One side spells success, the other spells disaster: Like money, pride is neutral. A person can use it to achieve greater excellence, or it can use person all the way to a breakdown. Used well, pride can be a source of inner power which can drive a person to become the best that he or she can be. Someone once said, "pride is a personal commitment. It is an attitude which separates excellence from mediocrity."* In some areas of life, like sports or any other competition like litigation, pride is a prized possession. Paul Bryant, an American football coach, echoed the importance of pride in winning, “Show lass, have pride, and display character. If you do, winning takes care of itself””” A long-time friend, Atty. Jong Nidea, is a man who takes great pride in what he does as a lawyer. One of the most hard-driving lawyers | know, Jong uses his pride to achieve so much in so little time. We are of the same age, and yet | am atomized when matched up against him and what he has achieved so far as a lawyer. Jong has what many lawyers don’t have—the guts to do whatever it takes to be the best that he can be. He has no qualms squaring off with the best of our colleagues. He ‘won't back off from a big and tricky deal. He won't hesitate to accept a challenging case. Like the rest of us, Jong may not be a saint or an Einstein, but | use his story simply to emphasize the great power a person has when he is able to harness pride in order to excel. On the other hand, when not harnessed properly, pride canbe very dangerous, for itisa slave-driving master: Pride, to putitbluntly, can be ‘one's ticket to hell. Remember, at the center of the word “pride is “I” Aey 1 PURPOSE .as the world revolving around him, his reputation and his worth, And once enslayeg 11 do anything—even the most evil of acts—jug ning of agood lawyer's downfall," person with misguided pride dreams, his goals, ide, a person wil y feep it. And that i the begin man’s pride brings him lov, by (Proverbs 29:23). ‘The Book of Proverbs says: 4 rman of lowly spirit gains honor” ‘And one’s pride might cost him a lot, too. ad one to suffer what pride seeks to avoid—disrepyyg fe is too high. Be careful lest it cost you everything ‘nas Jefferson, third President of the United States ide costs more than hunger, thirst and cold? Pride can le ‘The cost of prid valuable to you. Tho of America, said “Pri My advice: Don't let pride defeat your purpose. Rather, use pri to Fulfil it. 4, PAIN Pain spans an entire spectrum of not-so-nice words and triggers ‘an avalanche of not-so-good memories. Talk about disappointment, failure, discouragement, disillusionment, betrayal of trust, and other painful experiences. If in your practice of law you have not yet experienced pain, then! tell you, you will Poin is a pathway either to glory or to misery. It can quench the flame of youthful idealism or spark the fire of a relentless crusade. It ‘ean cause one to move away or challenge one to move forward. At the end of the day, it's how we see and make use of pain that makes the difference. Years ago, | appeared before a judge who had denied a motion ‘had submitted to him on the basis of its being improperly filed. In x» (CHAPTER I: FIRE TESTED RESOLVE open court, | argued that the recently released rules required this orthod of filing. Notwithstanding my emphatic reasoning, the judge Simply brushed aside my arguments and proceeded to deay my motion aivight. Days after, | heard rumors that the judge had admitted that he ped been unaware of the new rules, and thus had to deny my motion aimtthe basis of the old rules. Of course, | don't know for sure if the judge actually admitted to is folly. But it doesnt changethe impact of that experience. 1 was heartbroken. As a young lawyer, | took thet experience seriously and heavily. [felt 1 had been wronged. | was angry at the Seeming ineptness of some of those in the judiciary. Experiences like these and many more thereafter tempted me to move out of the legal, practice. But pain, as said, can either discourage you or challenge you. Guess what happened to me. was challenged to make a difference because of those experiences. Instead of walking away from ital, | decided to take thes: experiences on with courage. | organized a ragtag group of young and idealistic lawyers, and we called ourselves “CLASS"—or Chris:ian Lawyers “Association. CLASS didn't last for several reasons, mostly practical, But ‘out of that initiative sprung a more dynamic and lasting organization. My brother, Bogs Quitain, who was then a law student, took the cue from CLASS and organized the Christian Law Students Evangelization (CLASE), a group closely mentored by members of CLASS. CLASE’s mission is to shape the hearts and minds of law studerts to become righteous, excellent and God-fearing lawyers. Today, CLASE has produced a number of dedicated lawyers who are making a difference in their respective fields of law. On the other hand, I am aware of several idealistic law students who, after going through a painful experience as a lawyer, decided to throw their principles out the window either out of exasperation or desperation. With their backs lashed by the imperfections of our profession, many chose to abandon the fight altogether. 2sHow about you? What do you choose to do? I say this: Saturate, not separate. instead of detaching yourself from this profession, use you in influence asa lawyer to inspire others to become good lawyery Ifyou are a law professor, impress upon your students the ny for righteousness. ef If you are the senior partner of a law firm, make ethics-basg policies for your associates to follow. Ifyou are a government official in a managerial position, get yoy employees to attend seminars which will enhance their values. Consider a glass filled with dirty water Without pouring out the water, how can you clean the container? You fill the glass with cleay water, right? On the basis of the water displacement principle, the more clean water you pour into the glass, the more dirty water flows ‘out of it. Clean water, then, replaces the dirty water: This is the theory of saturation, ‘This theory forms the basis of efforts, like the publishing of this book. We seek to encourage the idealistic lawyer who is on the brink of giving up. We seek to caution idealistic law students of the realities of this profession in order to preserve their idealism. They who would take on the challenge to be good lawyers will hopefully ease out those who wouldn't One quote that is often told to visionaries like me is one that I want to share to all good lawyers out there: Fix your eyes on heaven but with your feet firmly planted on the ground (CHAPTER: FHE-TESTED RESOLVE ‘aim high. Dream big. But let fire test your resolve and keep you rounded. To be a good lawyer will take more than a good mind and Brood heart. It takes an unshakable conviction ard unwavering 2 Shmitment to stand firm. But someone who survives the “fires” of cor profession, albeit wounded and scathed, will undoubtedly soar tp greater heights asa lawyer and as a person. For when their wrong iiatives are sanitized and their romanticized ideals tempered, good Inwyers become exceptional agents of transformation, anhampered in their pursuit of what is just and true, so let fire purify us al. Let fire sharpen us and mold us to be what je were always made to be: good lawyers, then and always ”8 % de CHAPTER III TIME-PROVEN CONVICTION Strong convictions precede great actions.?* “Louisa May Alcott, American author By temperament, | am a sanguine. While I boast of strengths such ‘as spontaneity, passion, innovation and the gift to inspire, | am also ‘susceptible to a whole spectrum of weaknesses. One glaring weakness ofa sanguine is his or her seeming inability to follow through in almost anything, be ita project, a deadline, or even a marriage. (By God's grace, | am happily married, though.) Sadly, we all have a sanguine in us—that part of us which cannot sustain what we have started. And that is why we need to constantly remind ourselves of our convictions, of those things we have sworn to live by, We have to be committed to our purpose and carry itout day in and day out. And the best test of this commitment is time. One quote comes to mind: ‘As distance shows a horse's strength, so time reveals a person's heart? »‘Time is the greatest test for good lawyers who strive to liy purpose. For time has this distinct ability of robbing almost tg ofits novelty. There is nothing new with time. The new office wm hn ‘old. One who just passed the bar soon becomes a veteran ‘The overwhelming challenges become routine. Soon, we reali ™® enthusiasm can carry us only so far. ali ty So what do we do when the passion for our purpose as runs out? How can we manage to protect ourselves from being + Of our youthful idealism by the passage of time? Where can need the necessary fire to continue to burn with fervor for our profes despite the years? ‘ssi Let us learn from Atty. Jovito Salonga, legal luminary and dyna politician who is pethaps the greatest president this c ’ pol UN nee, In the 1992 presidential elections, the then 72-year-old At Salonga lost his bid to become the president of the Republic of Philippines. The main issue thrown against him then was his age, To however, seventeen years afte, Atty. Salonga continues to sparkle wi undeterred brilliance in the political, as well as in the legal, arena, lo after many of his contemporaries have retired from work or moved di In fact, on August 15, 2007, at age eighty-seven, he launchec book, Not by Power or Wealth Alone.?* vMeleinches ene This ty is a is pe of endurance, I believe, is fueled not just by enthusiasm, What is the difference between zeal and enthusiasm? « CHAPTER TIME-PROVEN CONVICTION Enthusiasm AY \w7\/Wpy Zeal Zeal Enthusiasm ‘As seen from the graph above, enthusiasm is erratic, a slave to the ‘downs of one’s emotions. Zeal, on the other hand, is constant iil throughout and is a product of one’s decision. Thus, a lawyer who upsand ues to do good and fulfils his or her purpose based on adecision I weather the storms of his or her legal career and will con to do so will outlast the passage of time. ‘As good lawyers, we hope to be fueled by zeal. Not by the wild spurts of emotions, but by the steady force of decision. Enthusiasm may come and go. But those who run on zeal will have their purpose live on even after they die. Let me share with you some practical tips | learned from my mentors on how to keep our time-proven convictions. 1, WRITE YOUR CONVICTIONS DOWN Sure, you see these maxims plastered on the walls of your offices Or you see them mounted on the ceiling atthe lobby. But unless you- ev 1: PURPOSE write these convictions yourself, in your own words and in yoy, hand, they are never yours. ‘Ando encourageyou towrite your purpose (and your convict asalawyerona sheet of paper. Call this a Purpose Statement. Lame’? it Keep several copies of it—in your office, in your wallet, in your Place it where you can see it every day. Let it remind you of what, were once and of what you always strive to be. Yo. 2. READ YOUR PURPOSE STATEMENT EVERY DAY We often hear the phrase: You are what you read, Let me modify that a bit to suit my point: You become what read. _ ‘The more you read your Purpose Statement, the more it becomes you. Before you know it, you begin to breathe, talk and live it out in your life, | am always fascinated by how some of our popular telenovelas shape the lives of our poor countrymen. Many of our viewers become poorer because of their seeming inability to distinguish reality from fiction. When they see the poor heroine being maltreated by the contravidas the viewers themselves begin to feel maltreated in rea ife. Their self-image deteriorates and their self-pity accelerates. Bombarded daily by thes lfe-shaping shows, these helpless viewers fe Ute vicariously through their telenovela stars, whose os likewise live in the daily life of the viewers, How incredibly Ina sim) lawyer” Panna ay: if you want to be a good lawyer, read your "good Conduct yoo Statement every day, and let it shape the way you to your cole MY ite in cour, the manner by which you relate dgreetoght ioe hea ages YOU accep, as well asthe causes you 3 'y day, your purpose and convictions become ‘CHAPTER: TIME-PROVEN ConvicTION ature to you, helping you to live them out at all times and for second M all time. 3, Pray FOR YOUR PURPOSE For those among you who believe, l suggest that you also pray for ‘ose, Ask God to bless your desire to live for your purpose. bless your efforts at becoming the best and most righteous you can ever be. Ask God to make you a shining example of four cherished profession, your purp Ask God to lawyer that the ideals 0 if you don’t believe in God, then take my advice as a mere encouragement. Just say a short bullet prayer for your purpose to Sqnyody” out there every day. Except fora few seconds, you won'tlose anything if you pray. Perhaps there is merit to one ofthe musings of ‘Albert Camus, a French novelist: "I would rather live my life as ifthere isa God and die to find out there isn’t, than live my life as if there isn't and die to find out there is7° 4, Live OUT YOUR CONVICTIONS “conviction is worthless unless it is converted to conduct” says ‘Thomas Carlyle, Scottish historian and essayist. ‘Admittedly, I don’t always live up to what I preach. But I preach what | always strive to live out. Our purpose in life is an upward call—a high ideal that we strive to measure up to every day. The possibility and reality of failing once in a while should not deter us from striving to become the best lawyer we can be. Inthe followingchapters, weshall seehowtolive outourconvictions ing them out until our very last breath and how to sustain Let me recount the story of a boy who was complaining against God regarding the state of the world.rev iron sod, you created the world” he began. “What could yoy possibly been thinking? Look at the problems people face. he & pons hunger, waste and abuse! 1 all such a mess! Why, Could make a world better than this one!” 0] ‘And then he heard a divine voice in the silence of his hearg thatis exactly what I want you to do."° ay Whenwelookatthe legalprofessiontoday, wecansaymany ny things about it. The corruption. The lies. The moral comprom Striving tobe good lawyers, we have all the right to complain. Bue sre not here to complain, We are not here to point fingers, We are 8 hereto pass on the blame. We are here to make a difference, This section is about purpose, about our goal of becoming go, lawyers Not about grumbling and whining, But about humbly deta, what our profession ought to be, not just by our words, but mor importantly, by the witness of our very lives. For if we sincerely lo \within, our hearts and our souls continue to cry out our timeless ang changeless hope that lawyers, though marred by the many perils ofan imperfect profession, if influenced to have a rock-solid, fire-tested and time-proven purpose, can be inspiring and incredibly good. ‘Caan ne PROVEN conMeTION INTERNALIZATION 1. What do you think is your purpose in life? . How firm is your purpose? Place a check mark below. Why do you say so? © Rock-solid o Very firm © Firm ‘©. Wavering but clear © Unclear 0 No purpose at all 3. What are your perceived obstacles to fulfilling your purpose in this profession (eg, pressure, practicality, pride, pain, ete.)? List them down. 4, Prepare a Purpose Statement.KEY 2 ETHICS A man without ethics is a wild beast loosed upon this world?” Albert Camus, French novelist, essayist and playwright 1 consider ethics, as well as religion, as supplements to law in the government of man* Thomas Jefferson, third President, United States of America% te CHAPTER IV CARVED IN STONE Never let your sense of morals get in the way of doing what's right? ~1saac Asimoy, science fiction writer and biochemist What exactly does Isaac Asimov mean by the quote above? [Allow me to cite a 1995 case involving Judge Lorenzo Veneracion, a God-fearing judge whose moral convictions were severely ested when arape case was raffled to his sal. ‘The case involved the murder and gang rape of a seven-year-old girl. After the trial, when both parties had rested their case, Julge Veneracion was convinced by the overwhelming evidence of the prosecution. Given the circumstances surrounding the commission of the crime, it was obvious that Section 11 of Republic Act 7659, which requires the imposition of the death penalty, clearly applied. Judge Veneracion, however, in his Decision, meted the penalty of retusiancn eae PTER CARVED Iv stone te appealed the De a instead ofthe death penalty The state appeated the Decisig, [whhen..private o nn Pere ygnecacion decision but constitute a decisive factor in avg “eee conclusion and determination of nee ation of a case or the penal Ina Decision®® dates imposed, resulting in an illegality and reverse cn, morality shoul then we are constrained to state our ny peel the law: to correc the error but for the guidance othe cont a We have no quarrel with te tril judge or with aa else, layman oF jurist a to the wisdom or folly atte death penalty Today there are quitea number ef parva who honestly believe thatthe supreme penalty ethos 4. october 12, 1995, the Supreme Court rujyg id not, in any way, prevent that person fro, e penalty imposable for the cri arly, under the law, the penalty imposa a tule Republic Act 7659 punishes cases of ordinary rape with the penalty of Reclusion Perpetua, it allows judges the morally wrongor unwise or ineffective, However as long ‘Jecretion_-depending on the existence of circumstances as that penalty remains in the statute books, and as long ‘nodifying the offense committed—to impose the penalty as our criminal aw provides for its imposition in certain of either Reclusion Perpetua only in the three instances cases, it is the duty of judicial officers to respect and ‘mentioned therein. Rape with homicide is not one of apply the law regardless oftheir private opinions. tis a these three instances. The law plainly and unequivocably well settled rule that the courts are not concerned with provides that [when by reason or on the occasion of rape, the wisdom, efficacy or morality of laws, That question homicide is committed, the penalty shall be death? The falls exclusively within the province ofthe Legislature provision leaves no room for the exercise of discretion on which enacts them and the Chief Executive who approves the part of the trial judge to impose a penalty under the reeee ee sa paint the judiciary is to circumstances described, other than a sentence of death. ecient aaa He eke pectoe Mee We are aware of the trial judge’s misgivings in imposing the members of the judiciary we fel it incumbent upon the death sentence because of his religious convictions RR Ce EN Sy ian cen arty While this Court sympathizes with his predicament, itis its ea Neat a een ‘morally wrong, ‘bounden duty to emphasize that a court of law is no place Siena a ts Aaa eed Setanta for a protracted debate on the morality or propriety of the slong a saldlaw isn force they mustapoly and give sentence, where the law itself provides for the sentence of itefletas decreed by the lnwemaldngburt death as a penalty in specific and well-defined instances, ‘The discomfort faced by those forced by law to impose Finally, the Rules of Court mandates that after an the death penalty is an ancient one, but it is a matter upon adjudication of guilt, the judge should impose “the proper which judges have no choice. Courts are not concerned penalty and civil liability provided for by the law on the with the wisdom, efficacy or morality of laws. In People vs. accused.” This is not a case of a magistrate ignorant of Ginach we bell that: the law. This is a case in which a judge, fully aware of the appropriate provisions of the law, refuses to impose a penalty to which he disagrees. In so doing, respondent judge acted without or in excess of his jurisdiction or withey 2 ETHICS rave abuse of discretion amountingtoa lack of jurisdiction posing the penalty of Reclusion Perpetua where the Jaw clearly imposes the penalty of Death. Based on the cited case, a morally upright judge who does na adhere to the death penalty—like Judge Veneracion—may be forced mete out the death penalty because the judge's ethics compels him gy her to do so. This is the subtle distinction between ethics and morality: the former is carved in stone, while the latter is etched in the heart, Let us attempt to understand the essence of ethics in relation tp our profession. Often, both concepts are interchangeable. I would like to propose, however, that they be distinguished from each other. Ethics are “the principles of conduct governing an individual or a group” Another definition states that ethics are “the rules or standards governing the conduct of a person or the members of a profession.” Notice that in both definitions, the focus of ethics is the conduct ofa person in relation to a group to which he or she belongs. Two elements, therefore, are apparent: —Conduct —Group In other words, the main concern in ethics is for a person to act ina way that is acceptable to his or her group regardless of his or het ‘moral beliefs. Outward actuations are emphasized over that of one's internal disposition (e.g, conscience, faith, etc.). In a sense, we can say that ethics are strictly a set of rules made by a group of people to ‘ensure order and harmony among those within said group. Morality, 2 CHAPTER WV: CARVEC IN STONE other hand, while it may be a good basis for the drafting of a on the ne f ethies, isnot the primary consideration in its implementsteg code 0 einstein, one of the greatest th vain Albert Einstein, one of the g eoretical physicists of time, took the idea of ethics tothe extreme when he aa ‘A man’s ethical behavior should be based effectually on sympathy, education, and social ties; no religious basis is necessary. Man would indeed be in a poor way if he had to be restrained by fear of punishment and hope of reward after death.” {say this not to downplay the significance of religion or morality in our daily practice of law. Rather, I say this so that we may understand that when we talk of ethics in this chapter, we speak not of moral convictions, which may differ depending on one’s religion, butof those ‘Standards to which we implicitly agreed to hold ourselves accountable by virtue of our being members of this noble profession. Acode ofethics—in our case, the CodeofProfessional Responsibility (the Code)—is essential for several reasons. Let me name a few. The Code creates and manages expectations. ‘The Code is said to be carved in stone because it remains constant regardless of one’s moral convictions, or lack thereof. An atheist is expected to live up to the same standards as the devout Christian. A self-confessed agnostic cannot justify impropriety with his or her lack of belief in the divine. Onthe other hand, religious lawyers cannot be faulted for defending notorious clients just because of their personal devotions. Rule 14.01 ofthe Code states: awey 2 ETHICS shall not decline to represent a person sol A lawyer shall not decline if ‘on account of the latter's race, Sex, creed or status of life, or because of his own opinion regarding the guilt of saiq person. Besides, Rule 138, Section 20 of the Rules of Court, makes lawyer's duty “never to reject, for any consideration personaly himself, the cause of the defenseless or the oppresse Ina sense, the Code levels the playing field for all members of ty Bar regardless of one's moral beliefS. Created expectations requir, the lawyers to act in a manner commonly acceptable to everyone jy the profession. The manner commonly acceptable to us lawyers aly manages the expectations we have of each other, thus allowing us ty speak the same ethical language notwithstanding our different mora, principles. The Code protects the good lawyers. One thing I hate about boxing is the lack of airtight rules which protect the gentleman fighters from the brutes. For instance, a brute champion who, in the middle of the fight, senses that he is at risk of losing his crown may opt to “accidentally” head-butt his gentleman challenger to end the fight with him slightly leading in points. Dirty tricks, brawler’s way out, ora champ’s prerogative—call such strategy whatever you want. At the end of the day, I believe that the success of a boxer inside the boxing ring has much to do not only with skills, but also with rules, Bad boxing rules can rob the honest fighter of the victory he truly deserves. Good boxing rules, on the other hand, will discourage bullying and will safeguard those who really deserve to Win. | propose that itis for the same reason we lawyers need the Code. ‘CHAPTER Iv: cCARVEC in STONE Without the Code, how do we protect the good lawyers from those to sell their souls just to win acase? Canon 8 ofthe Code cannes will emphatic when it states that a “lawyer shall conduct hinect be mont tesy fairness and candor toward his professional coleayecs oo sal ‘avoid harassing tactics against opposing counsel” The Code protects the dignity of the court. Lawyers can be very litigious. Some lawyers, aggrieved by a decision of the court, might resort to a quick-draw weapon: the fling ofa suit against the judge. Without a Code that moderates their conduct, trigger-happy tawyerscan indiscriminately file cases against members ofthe jadiciary «the slightest suspicion of a “rubout Worse, intemperate language, fueled by unbridled emotions, may even characterize the trigger-happy lawyer's pleadings without regard for the emotional, physcal and financial havoc his or her accusations may cause the hapless judge. {As early as in their first year in law school, students should learn that a lawyer is an officer not of his or her law firm or client, bat ofthe court. Thus, the Code gives lawyers the guidelines on how to keep their duty “to observe and maintain the respect due to the courts of justice and judicial officers.’** The Code protects the interests of the public. Mang Pandoy retains the services of a lawyer—let’s call him Atty Santos—for a collection case. Because of Atty. Santos’ exemplary legal skills, he is able to collect for Mang Pandoy a substantial amount. Aty. Santos, before turning over the money to Mang Pandoy, subtracts from ithis attorney's fees. Mang Pandoy complains because what is turned over to him is not the full amount. Mang Pandoy comes to you, a good lawyer, for help. You stare at him, shake your head and sadly inform