The Erap lawyers

It is hard to imagine that a non-lawyer could write this illuminating and enlightening article about the plunder case and the lawyers of former President Estrada. I initially planned to condense it, but the legal points and issues raised by Dr. Juanito S. Cruz of Nasugbu, Batangas, are so thought-provoking I decided to publish the article in its entirety. Here is Dr. Cruz’s piece:

Under the glare of television, the watching public saw the faces of the battery of topnotch lawyers whose services were dispensed with by their client, the ousted president. It was highly possible that Mr. Estrada took this crucial step in seeing that their advocacy was not in any way improving his chances of obtaining an exoneration of the serious allegations against him. That these lawyers’ dilatory legal strategy of filing motion after motion and manifestation were just reinforcing the prosecution’s case.

That their objection to the creation of a special court designed specifically to adjudicate Mr. Estrada’s case as mandated by the Supreme Court reinforces the public perception that the defense is not interested with a speedy trial. In fact it can be said they did not want a trial at all. That such legal charades are only postponing the inevitable and logical end game, Mr. Estrada’s conviction on the charges in the court of law.

At this juncture, it is not clear what Mr. Estrada’s real motive in dismissing his lawyers was. Because his petition to have his knee operation done in the United States was flatly rejected, his only hope of dodging the trial fizzled out. Thus like a caged animal,Mr.Estrada had shifted his legal dilemma to the political arena, asserting it is no longer possible for him to get justice from the courts since his case had been prejudged already, and that he is ready for the gallows or lethal injection.

From the Christian point of view, Mr Estrada may not be blameworthy for all his legal trouble given his scanty personal qualification and inadequacies to serve as a chief executive of a nation saddled by all kinds of problem. Here is a man who lost his way by the trappings of power or overwhelmed by the power of his office. However, be this the case, the full force of the law must be applied without fear or favor.

But after all is said and done, can we excuse in the same breath the inexcusable conduct of these nine lawyers supposedly learned members of the legal profession? Yes, there is no question that an attorney must represent a client within the bounds of the law. An attorney worth his salt is an officer of the court, a purveyor of truth, and has the solemn duty of protecting the judicial system of the country and to report to the bar any unprofessional conduct of one involved in the dispensation of justice.

Has not anyone of these bright lawyers ever advised it is time to throw in the towel in the wake of the insurmountable proof against their client? Would they have done what they have done if the client had been poor and destitute and have no means to pay their astronomical fees. Is it proper advocacy in this case, for them to get full steam ahead knowing it is next thing to impossible to get an exoneration or acquittal of the offenses charged Mr. Estrada

However, if Mr. Estrada has been apprised of the status of his case, and nonetheless would want to proceed to a full scale trial, it is another matter. But for an officer of the court and member of the Philippine Bar to say that justice is no longer obtainable in the present case due to their perceived defeat on the merits of the case is the height of professional hypocrisy and irresponsibility.

Those guilty of this infraction should be disciplined under the canons for lawyers. Hello, Integrated Bar of the Philippines. Are you policing and sanctioning itinerant and undesirable members of your organization who are lowering the public esteem to what otherwise is an honorable and dignified profession?

Certainly, Mr. Estrada, considering the gravity of his case, needs a far better representation than his dismissed counsels can offer. The hour is late, but not too late for Mr. Estrada to do something honorable before the curtains fall on him.

The public sins of Mr. Estrada were purely monetary in nature, that is, if he was not involved in the disappearance and liquidation of certain individuals during his tenure in Malacañang.To cleanse his good name, it would require no less than a public confession of all his wrongdoing while in office. To show good faith, he must disgorge all assets that came to his possession by improper means; throw himself at the mercy of the government; express a willingness to accept the punishment for his indiscretions, cease and desist from making inflammatory statements against the Arroyo government that serves no useful purpose than arouse people’s passion, and finally, a sincere apology to the nation he was sworn to serve.

This is probably asking the impossible. But is there a better way to right his wrong? Indeed it will be a bitter pill to swallow but much preferable to a long and protracted painful public trial that will come to naught as far as he is concerned. Forgiveness follows repentance.

Perhaps the defining moment of his life has come. Seize this moment, Sir. Show to your supporters and detractors alike and the watching world that there is something admirable about Joseph Estrada. For it has never gone out of style for someone to say "I am sorry for all I’ve done." If this can happen, we can bid goodbye to one of the saddest chapters in our nation- building.

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Allen S. Canceran, a former seminarian, is appalled by "false nationalists" who are increasing in number. He suspects that these so-called nationalists are just up to no good because most of them are leftists. "Leftists are always up to no good until they see that the government has turned socialist," he said. He added that these leftists are the ugly sores in the Filipino’s body and are dangerous.

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Canceran is appealing to all Balikatan bashers to go to Basilan and spearhead a group to finish off the Abu Sayaff. "If they love their country, they will take up the cause of our war-weary soldiers and give the Abus a hell of a fight," he said.

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Thoughts For Today:

Those who tell you it can’t be
done have always been around,
but throughout history progress has always come
from those who said it could be done.

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Those who thank God even in trials,
turns burdens into blessings,
make Him the center of your life.

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My e-mail addresses: [email protected] and [email protected]