Lawyers hesitant to handle drug cases

CEBU, Philippines — Lawyers are now hesitant to handle drug cases because of the recent killing of lawyers who represent drug suspects in court.

IBP National President Abdiel Dan Elijah Fajardo said except for those in the government service like the Public Attorney’s Office (PAO), private practitioners have the freedom to decline cases.

“Sa private practitioners, mayroon na nga kaming chapter ng IBP. I think sa Mindanao na ayaw na talaga mag handle nang drug cases kasi nga natatakot sa kanilang buhay dahil pakiramdam nila they are being associated with the offenses of their clients. It is as if they were also protectors of the drugs lords,” he said.

This is the new challenge of their profession.

Fajardo said they sent letters to different station commanders requesting for spot reports, scene of the crime reports and others involving homicides and murders.

Some lawyers, he said, have filed cases before the Supreme Court requesting to direct these authorities to present all these documents related to extra-judicial killings including the killings of lawyers.

Fajardo added they have created a task group to document and monitor the progress of the investigation into the killings and attempts of their members’ lives.

If there will be no significant progress, he said they will eventually pressure them to prosecute these cases.

Likewise, since there were private practitioners who declined to handle drug cases, Fajardo said the constitutional right of the accused to select a counsel of his own choice is defeated.

 “Ngayon po talagang mabibilang nalang natin sa daliri natin na may mga abogadong may konting tapang pa para humaharap sa mga drug cases na ito. In fact, Cebu was a witness to that. Yong vice mayor here was liquidated and I have not seen significant progress also in the investigation and possible prosecution…nalulungkot po kami,” he said. 

Lawyer Jose Glenn Capanas, president of the Integrated Bar of the Philippines (IBP) Cebu City Chapter said the Supreme Court En Banc issued a new rule, the Community Legal Aid Service Rule, that obliged new lawyers who took their oath last year to render 120 hours of free legal aid.

Right now, he said there were cases referred to their office but it is hard to convince new lawyers to accept the cases

“They did not really mention it formally but we heard, hesitant considering that the cases are drugs, drugs cases,” he said.

Capanas said although IBP Cebu City Chapter has legal aid lawyers but they wanted to give their new members the opportunity to handle cases as it is mandated under Administrative Matter No. 17-03-09-SC.

Capanas further said the killings of lawyers remain as a challenge in their profession and it is very relevant to their IBP Eastern Visayas Regional Convention theme “A Cry for Justice: A Challenge to the Legal Profession.”

IBP Eastern Visayas Region Governor Gonzalo Malig-on, Jr. said that they are concern of the killings nowadays. That is why they came up with their theme.

He said they feel that lawyers should be spared in this “seemingly short cut of processes.”

Lawyer Mundlyn Misal-Martin, president of the IBP Cebu Chapter, said the killing of lawyers is alarming.

Misal said Malig-on was correct in his statement that if a lawyer was killed there is the notion that he was a protector.

“Kun naay patyon nga lawyer mura bag ilaha dayun nga iingun nga protector. Mura bitaw og ma-generalize and then it’s not anymore normal ba,” she added.

Salvador Panelo, the chief legal counsel of the President, was supposedly one of the speakers of yesterday’s convention. He confirmed that he is attending but he cancelled his appointment last minute without giving any reason. — MBG (FREEMAN)