May 4, 2016. Gusto ko iparating ang taos-puso kong pasasalamat sa lahat ng bumati. Hindi ko man kayo mapasalamatan isa-isa, nabasa ko lahat ng mga messages ninyo at masaya ako na bahagi kayo ng kaganapang ‘to.
Congratulations to all the parents who made this happen for all us new lawyers. This achievement is yours. Congratulations and thank you!
‘Di ko alam kung sa Pilipinas lang ganito natin idina-dakila ang pagiging abogado. I have a theory that more than the fact na napakahirap maging abogado sa Pilipinas, malaki ang pagtingin natin sa mga abogado at ganoon na lang kung ipagdiwang ang pagkakapasa sa bar exam dahil sa pangangailangan ng indibidwal, pamilya, at mga grupo na pangalagaan at ipaglaban ang kani-kanilang interes. Perhaps a manifestation of the many contradictions in society, or of its weak institutions that families celebrate having the advantage of having a lawyer to protect their interests. But that is for social scientists to discuss adequately.
One of the things we were taught in law school that I absolutely hated is the legal maxim “Dura lex sed lex” — “the law may be harsh but it is the law”. This is the favorite legal doctrine of parties who have the law in their advantage. But in a society such as ours, advantage is not determined solely on who is right against who is wrong. It is largely determined by economic and political capital. Laws are not inanimate sets of letters that form themselves out of a sense of justice, they are shaped by social, economic and political forces that exist and prevail at any given time in society.
In my opinion, laws are not supposed to be harsh. Laws are supposed to facilitate justice, not impose harshness. It is no wonder that this doctrine has consistently been used throughout history to justify martial law, slavery, death penalty, oppression. It compels resignation to a prevailing order, para bang, eh yan ang batas wala tayong magagawa. Of course meron tayong magagawa.
In French the word for lawyer and advocate is the same, it is “avocat”. It is likewise the same for the Spanish and the Italians.
A linguistic reminder that as lawyers we are called not just to become passive instruments of the legal system, but active advocates of justice. Justice in its basic sense, which I believe is, or is supposed to be, innate in our collective sense of humanity and goodwill.
With the national and local elections just a few days away, I think this is also an opportune time to remind ourselves that the leaders who we will elect will have the power to shape the laws and policies which will compel our obedience, or perhaps resistance, in the coming years. I say resistance, because we as advocates, we should not be afraid to challenge laws that do not serve justice, especially for those who do not have the advantage of the law and the legal system on their side. I am not advocating for the violation of the law, but is possible and it is our moral obligation challenge political and economic forces that shape and execute unjust laws. Dura lex sed lex is an awful awful legal theory.
That being said, congratulations to the new lawyers and your families. see you not just in court, but in many other places where justice needs to be served!