Legal Technique and Logic

1201, Sat: 4:00 6:00 PM

Judge Marlon Ramos

REACTION PAPER
Pauline Rose L. Geroche
JD M2

I know very little about the Public Attorneys Office aside from what I
learned in Law School. Though being a practicing journalist, I have come into
contact with a few PAO attorneys, in some cases, interacted with them,
especially those who were assigned to displaced families in private
conglomerate public disputes. But there is still a considerable amount of
confusion that bothers me every time I come across a case handled by the
PAO.
First of all, I set forth in my mind that these were public employees like
myself. There were probably many similarities in the composition of our
work, but many considerable differences, as well. I prepared myself by
asking contacts and senior lawyers I know to give me advice on what to
expect. I could not go unprepared, seeing that I have a very soft spot for the
elderly, urban poor, and those in despair.
When we arrived at the PAO Office of the Pasig Trial Courts, I have to
point out that it is so far from the grand faade presented by the new City
Hall. Is it because it caters to those who cannot afford luxuries that we often
take for granted? It was hidden, a sign to me that very few would wander
there out of sheer curiosity. Its location is one where you actually have to
look for it to find it.
As we entered, we were welcomed in to observe inquest proceedings
handled by Atty. Baby Perian R. Arcega. We noticed there were OJT students
there too, handling the front desk. We came across an inmate asking for
legal counsel after he was charged with possession of illegal drugs, and the
distribution and selling of such. He was accompanied by his mother, wide, a
neighbour, and his young son who clung to his side. The mother was
profusely crying, especially after hearing terms such as non-bailable, in
detention, waive your rights, and with the current administration, I
cannot guarantee you to be set free.
I understood, more than I think the family did, even after repeated
attempts to explain to them in the local dialect, the implications of the crime
done. Yes, there was a certain amount of leeway, a little extension of
consideration afforded since he was accompanied by emotional family
members. I appreciated the kind of warm aura that Atty. Arcega exuded,
trying to find ways to ensure that the case would be correctly handled.
Unlike the PAO lawyer we observed when we came to witness
Judgement Day at the Sala of Judge. Ebora, Atty. Arcega succinctly put out
that they should come seek her for counsel at leats 2 days before the
hearing, so as to prepare accordingly the needed arguments. This effort, and
the kind demeanour, was something I did not observe from other PAO
lawyers. That man was a lucky man for having been assigned to that
particular attorney.
Though, knowing procedure and having studied criminal law 1, I notice
that Atty. Arcega pointed out the delay of the police officer in turning over
the detainee to proper judicial authorities within 36 hours. I brought this up
after, asking what the basis would be. According to Atty. Arcega, there is a
judicial timekeeping of 12, 24 and 36 hours for detainees to be given legal
dissection, but the counting of hours is still being debated. Should it be
counted continuously or by working hours?
Although this could be grounds from sanctions for the police officer, I
also appreciated the knowing look that Atty. Arcega gave while explaining
this to the officer. Stating that the PAO office is even open during holidays,
and until 10:00 PM every day. The dedication of these people is
incomparable.
But the police officer did not deserve that consideration, I am very
sorry to say. He was boastful, uncareful, and very far from being kind. I
wanted to point out that even detainees had rights to comfort and human
respect, but I sincerely doubted he would accept it. I leave go with coming
back to the prison bearing a box of doughnuts for the family instead. It was
all I could do.
I came out of this experience more wise. Looking at the likes of Atty.
Arcega make me want to be a PAO lawyer someday, helping those in need
and those oppressed. But I think doing that everyday would also constitute
to having my heart broken piece by piece everyday. The legal system of the
Philippines is complicated, hazardous, and not for common people or the
masses. It is for those who can afford being legally protected, giving so little
chance to the majority of those who cannot.
I hope to be able to make or start a change to this someday.