LEGAL ADVOCACY: WHEN THE WORLD DECIDED TO SHUT DOWN ON ME

I was migrating the articles from my previous website to this website and saw this article that was published in the Baguio Midland Courier sometime last year.  Browse on and enjoy the read!

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After passing the Bar, a lot of my friends asked me how will I reconcile my being a Christian with my being a lawyer.  Every time I remember that question, I know they were pertaining to a scenario where lawyers defend accused individuals even if they know their guilt.

     Long before I entered the legal profession, I already knew that the public perceives lawyering as a profession for overconfident-amibitious-egocentric animals who will go straight to hell, someone who will readily manufacture evidence and commit perjury for the sake of winning a case.

     Not all lawyers practice their profession in that manner.  Most of us wake up every single day and strive with the help of the Almighty to prove that notion wrong.

     I started my practice defending a person accused for committing acts of lasciviousness.  It was my first day in court and as a young lawyer hungry for practice I gladly said “Yes, your honor” when appointed as de oficio counsel, an appointment dreaded by many and embraced by public servants like me (wink, wink).  There is a truth to that but kidding aside, I got hold of the accused’s records and interviewed him.  He started his story by saying he was drunk and the next thing he knew, he was in prison.  I doubted him.  I was thinking, “Here I am left with no choice but to defend a person whose sentiments I do not believe and whom I think probably did it.”

     I wanted to manifest to the judge that I made a mistake of volunteering to handle the case but I realized that giving up on my first case is not part of the grand plan to be known in the art of advocacy.  I composed myself, took a deep dramatic breath, I almost closed my eyes but I did not, and reminded my very being that, by law, I have all the legal reasons to help this person because an accused have constitutional rights too.  My role now is to see to it that due process will be afforded him.  So I smiled my way before the bench as I was able to convince myself to assist him.

     Everything went well until I saw the complainant and remembered all the young girls and women who had gone and are going through the same ordeal.  I saw the complainant staring at the accused with piercing looks.  Suddenly, she turned her eyes on me as if asking, “Why did you volunteer to help a person like him?” I looked away from her and tried to formulate an answer in case my imagination comes to life, but my emotion overpowered me.  I started hating and condemning the accused for not having a taint of remorse.

     But I caught myself before I could even verbalize it.  I looked at the accused and suddenly was reminded by a preaching in church that said, “Jesus hates the sin but loves the sinner.” From that point, I felt like a bucket filled with ice water was thrown at me.  I then began to separate the accused from what he did, condemned the act and not the doer, and vowed to make sure that his rights will not be trampled on by handling the case objectively.  That lesson was etched in my heart and I use it to remind me every time the judge appoints me as counsel de oficio.

     Understanding that an accused has rights makes me a lawyer.  Knowing they have hearts and emotions bring out the Christian in me.  That is how I reconcile being a Christian and a lawyer.

     I remember telling a colleague that one of the reasons that makes it easy for my conscience to assist these individuals, especially when you see sincere remorse in them, is the idea that at this lowest point in their lives, they need someone who will listen to them, provide them words of encouragement, make them realize it is not the end, and that change can still happen.

     Putting myself in their shoes, I would gladly welcome an understanding counsel who would listen to my story when the world has decided to shut down on me.

 Note:

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The above story actually happened sometime in the year 2012.  Article was written sometime 2014 and was published in the Baguio Midland Courier on April 13, 2014.  Currently, I am now gladly connected with the Public Attorney’s Office which gives an everyday opportunity to defend and help reform people like the one in my story.

Thanks for reading! 

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BOARDER NA NAG-JOGGING, DI NA NAKABALIK.

PUBLIC SERVICE:

PIC COURTESY OF www.adventure-journal.com
PIC COURTESY OF www.adventure-journal.com

Dear Kuya D,

Nagpaparenta po ako ng boarding house, madami po sa kanila na kung hindi na makabayad ay umaalis ng madaling araw.  Itong huli po nahuli ko na palabas mga alas tres po ng madaling araw, sabi po niya na magjo-jogging lang siya.  Pero di ko po maintindihan kung bakit kailangan niyang dalhin ang kanyang TV at mga maleta sa pagjo-jogging.  Tatlong araw na po, hanggang ngayon e di pa po siya bumabalik mula sa kanyang pag-jojogging.  Ano po ba ang pwede kong ikaso sa kanya?

Sagot:

Kaso agad agad? Malay mo naman baka athletic lang siya at natagalan lang siya sa pagjo-jogging. Pero kung di na talaga bumalik ay pwede kang mag-file ng estafa laban sa mga athletic na boarders na ganyan.

Ayon sa batas, ang sino man na kumuha ng serbisyo na may kaugnayan sa pagkain, merienda or accommodation sa hotel, inn, restaurant, boarding house, lodging house, or apartment house nang hindi nagbabayad at may intensyon na manloko ay pwedeng makulong dahil sa kasong Swindling o Estafa under Article 315, paragraph (e) ng Revised Penal Code.

Tip:

  • Agad agad itong i-pa blotter at hanapin ang kanilang bagong address.  Kung walang address, bale wala rin lang dahil hindi nila matatanggap ang ano mang demanda na ifa-file mo;
  • Para sa mga nag-papa-upa, kilatisin ng mabuti ang mga boarders bago magpa-renta, marami na ang fly by night ngayon;
  • Para sa mga umuupa, umupa lang kasi ng afford at rumaket ng todo para may pambayad ng upa.

 

Note:  Ang legal opinion na ito ay base lang sa katanungan sa taas at maaring magbago kung may karagdagang kwento.

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BAGUIO EVENT: ASSOCIATE JUSTICE MARVIC M.V.F. LEONEN VISITS BAGUIO CITY JUSTICE HALL AND HOW I DEALT WITH THE LIMELIGHT

April 15, 2015 – It was supposed to be an ordinary busy day at the Baguio City Justice Hall and as part of my routine, I have to go up and down the stairways of the “bulwagan”, greet colleagues, attend to clients, shake hands, throw a quick smile and wave here and there.

As a model (in its showbiz sense) Public Attorney, I see to it that I play the part very very well. From my court hearing, I was about to get some records from the office when suddenly, yes, it was very abrupt, I saw someone familiar. It was my good friend (disclaimer: he knows that he is good, but he doesn’t know that I am his friend) Associate Justice of the Supreme Court Marvic Mario Victor F. Leonen – in the flesh. Thus, my normal schedule went haywire! (To our valued taxpayers, I assure you that no Public Attorney duties were neglected during this time)

selfie with justice
Justice was busy talking to my other friends so we first decided to have a group selfie which he unintentionally photobombed. Kainis.

People in Baguio love “Justice Marvic”, as I fondly call him (as if), because just like me, he grew up here in the City of Pines. In fact, he graduated valedictorian from Saint Louis University – Boy’s High School. What makes me prouder is that he is the youngest to hold the Associate Justice position since Manuel V. Moran in 1938. I think I already said enough about my friend.  Let me just share to you some of the pictures taken during Justice Marvic’s surprise visit to me (I was surprised, really surprised) at Baguio City Justice Hall. To prove that we really are friends and that I am rubbing elbows with Justice Mavic, Here is a pic. FIRST PIC WITH JUSTICE Justice Mavic, however noticed that there was a space between us so he requested for another shot.  He asked if we could also do jump shot but I reminded him that we are in the justice hall.  Here is the second pic:

SECOND PIC WITH JUSTICE
This one is close to perfect because the gap between us has been bridged (parang ngipin lang?). I was wanting to rub elbows with him but the shoulders will do. Caption: Atty. Dexter Duclan Diwas with Associate Justice Marvic Mario Victor F. Leonen, friends – for life.

After our pictures were taken, the who’s who of the Baguio City Justice Hall gathered around us:

GROUP PIC
From left to right: Clerk of Court VI & Ex-Officio Sheriff, RTC, of Baguio City Atty. Linda G. Montes –Loloy, Judge Ma. Ligaya V. Itliong-Rivera, Judge Jeanylene T. Isip-Fukai, Judge Mona Lisa T. Tabora, Judge Glenda T. Ortiz-Soriano, my friend Associate Justice Marvic Mario Victor F. Leonen, Atty. Dexter D. Diwas, Atty. Althea Rosanna V. Alberto, Atty. Clifford Chan, Lawyer-in-the-making Ms. Marnelli A. Bejar.

If you observe the pic above, parang may balak si Atty. Linda na i-crop ang kanyang picture at kakaiba ang posing niya.  Si Ms. Marnelli naman, kahit hindi mo ipagsiksikan ang sarili mo diyan e hagip ka parin ng camera so okay din kung nagrelax ka, tignan mo kami, mukhang alta. After the picture taking, I sensed that I achieved an instant celebrity status. People from different walks of life started to request a photo with me and forgot about Justice Marvic. Here are the photos:

JUDGE G, DEAN BARLIS, JUDGE ISIP FUKAI
While waiting for me, my official photographer took a photo of Judge Glenda T. Ortiz-Soriano, SLU School of Law Dean Atty. Jason Barlis, and Judge Jeanylene T. Isip-Fukai. With their smiles, it shows how excited they are for my arrival.

Finally, I arrived after a few minutes for the photo shoot:

JUDGE G, DEXTER, DEAN JAYSON
with Judge Glenda T. Ortiz-Soriano who looks stunning with her pearl necklace and Dean Jason Barlis with his pearly white teeth.
SOLO PIC WITH JUDGE JEN
with IBP Baguio-Benguet Chapter First Lady, Judge Jeanylene T. Isip-Fukai.
WITH JUDGE DEBBIE G. DULAY-DEL VAL
with the ever powerful and passionate Judge Debbie G. Dulay-Del Val.
SOLO PIC WITH DEAN JAYSON
with the SLU School of Law Dean Atty. Jason Barlis who now looks like Coco Martin from this angle.
WITH ATTY. JULIET F. TOMA-AC-CAMUYOT, ATTY. IMMANUEL B. AWISAN AND PAO LAWYER OF THE YEAR IN THE CITY OF BAGUIO ATTY. DAISY G. PADOLINA-LIMOS
After work photos with the Family Court Public Attorney, ATTY. JULIET F. TOMA-AC-CAMUYOT, Drugs Court Public Attorney, ATTY. IMMANUEL B. AWISAN and Midland PAO LAWYER OF THE YEAR 2014, ATTY. DAISY G. PADOLINA-LIMOS.
WITH ZANNY RYAN L. QUIROZ, IBP DIRECTOR ATTY. FRANCIS WILLIAM M. ESPINOLA AND ATTY. ANA CRISTINA N. CAWED
with ZANNY RYAN L. QUIROZ, IBP DIRECTOR ATTY. FRANCIS WILLIAM M. ESPINOLA AND ATTY. ANA CRISTINA N. CAWED. Behind us is Atty. Cawed’s Montero named Blackie.  They patiently waited for me outside the justice hall for a photo.
WITH ATTY. RUBIE LORRAINE B. LICTAO AND ATTY. LOUELLA B. NAVARRO
with ATTY. RUBIE LORRAINE B. LICTAO AND ATTY. LOUELLA B. NAVARRO. Wala po kaming madilim na binabalak, sadyang kulang lang ito sa lighting effects.
WITH DEPUTY PUBLIC ATTORNEY OF TUBA BENGUET, ATTY. EDUARD H. RILLORTA
with DISTRICT PUBLIC ATTORNEY OF TUBA BENGUET, ATTY. EDUARD H. RILLORTA. He was my teacher before, and now a boss and a fan. He visited all the way from Tuba, Benguet for this precious photo. “wink wink”
ELMER G. SAYAN, ADMIN BOSS AT PAO OFFICE
with Sir ELMER G. SAYAN of the Public Attorney’s Office. Di ko sana i-pi-post ito kasi ginagaya niya posing ko but what can i do, nandyan na yan.
WITH RONALD %22BROWNIE%22 FROM THE PROSECUTOR'S OFFICE
with Boss Ronald from the Prosecutor’s Office, also known as Kuya Brownie. I asked him if he was a fan before I agreed for a photo. He said yes, so we agreed to reduce it into writing.
WITH THE SHY SECURITY GUARD OF BAGUIO CITY JUSTICE HALL
The Security Guard who has no idea that he is a fan.

I could not post all the photos but believe you me, there is more! After my Justice Hall appearances, I decided to just retreat to my office and take a photo with myself, just me.  Alone, no crowd, away from the limelight and no media.  I needed some time to internalize what just happened.

DEXTER DIWAS ALONE IN THE OFFICE
with myself.

Have a blessed day people! Remember to always have fun:  LIFE NEED NOT BE COMPLICATED! But wait, ikakasal ka ba? Debut? I think you need to click SOULSCENT below:

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Anyways, until my next article.  Who knows, it might be the Chief Justice visiting next time! 🙂

CONTROVERSIAL MILK TEA: KILLED 2, WHAT HAPPENED?

Recently, two people died in Manila from allegedly drinking contaminated milk tea drink. News spread like wildfire and people were alarmed because once in their life, well, they had a sip of that popular drink.

Image courtesy of http://withrosebuds.blogspot.com/2012_02_01_archive.html
Image courtesy of http://withrosebuds.blogspot.com/2012_02_01_archive.html

DOH released its findings and found no toxic substance from the milk tea sample which they gathered from the milk tea establishment.  What could have gone wrong?  Well, let us just wait for further news on this. In the meantime, here are some of the netizens thoughts on the issue:

1. CONSPIRACY THEORY NI KUYA:

conspiracy theory
I think the investigators should find this person. Baka mas mapadali ang imbestigasyon.

2.  PAMUKSA SA MGA ADDICT.

idea to kill drug addicts milk tea
Pwedeng pamuksa sa mga addict ang substance na nalagay sa milk tea. At least di lang sila maha-high, heaven na agad ang bagsak nila. Kung doon nga. hehe

3.  MAS MABUTING MAG-LASING KESA MAG MILK TEA? lasenggo milk tea 4. BAN MILK TEA? BAKET? ban milk tea? di niya business 5. MILK TEA + MILK TEA = FORMALIN?

mr google comment research milk tea
Itanong niyo nalang kay kuya kim!

6.  PAINUMIN NG MILK TEA ANG MGA BINAY? bigyan milk tea si nancy binay milk tea inom 7.  KASALANAN NI PNOY?

Pic courtesy of - http://random-memes.wikia.com/wiki/So_Kasalanan_Ko_Na_Naman%3F
Pic courtesy of – http://random-memes.wikia.com/wiki/So_Kasalanan_Ko_Na_Naman%3F
kasalanan ni PNOY ang milk tea
Ang lalim ng hugot ha. Pati ba naman load mo ate kasalanan ni PNOY? wahehe

Anyways, here are my life realizations on this matter:

1)  Sales on Milk Tea drink will be at its lowest.  Kahit mag buy one take one pa siguro sila. Unless may buy one take one din na ataul? (So morbid)

2) Pag may kaaway ka at inabutan ka ng Milk Tea.  Alam mo na.

3)  Huwag paghaluhin ang Milk at Tea.  Nakakamatay.

4)  If it does not smell good.  Don’t dare drink it. Kahit amoy ariel pa yan dahil 7.50 nalang ang ariel baka yan ang ginamit na sangkap.

5) Pag bumula ang bibig, malamang uminom ng Milk Tea, nagmumug ng ariel, or marami lang talagang excess na laway.

Kidding aside, paalala lang po na mag-ingat sa pag-bili ng pagkain sa kung saan saan para maiwasan ang accidente or food poisoning.  Have a great day!

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WHAT TO DO IF YOU RECEIVED A SUBPOENA? (PHILIPPINE SETTING)

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Dear Kuya D,

Ako po si Stephanie Paa, Nakatanggap po ako ng subpoena na may kaugnayan sa kasong estafa.  First time ko po kasi, ano po ang gagawin ko? Nagpapanic na po ako!! (I recevied a subpoena that has  something to do with estafa.  This is my first time, what should I do?  I am in panic!!)

Sagot: 

Based on your question, may balak ka pa bang mag-second time?  Una, siguraduhin mo muna na pangalan mo nga ang nasa subpoena at baka sa kapitbahay mo lang pala yan.  Pero kung pangalan mo nga e huwag nang magpatumpik tumpik pa at sundin ang mga sumusunod na payo:

1)   Don’t panic: Andyan na yan so harapin mo nalang.  Once you receive a subpoena, you are actually being directed to answer the complaint within ten (10) days from receipt thereof so focus at huwag magmukmuk sa kwarto, otherwise, warrant of arrest ang susunod na kakatok sayo;

2)   Don’t procrastinate: Since you are given only ten (10) days, you have to immediately go to a legit lawyer-batchmate, lawyer-neighbor, lawyer-friend, lawyer-suitor, retained lawyer or any kind of lawyer whom you think can help you.  Warning lang, never go to a lawyer-lawyeran or a person who gives advise based on the many cases that he faced as an accused.  Ang daming clients who only approached a lawyer on the last minute dahil inuna nila ang pagtatanong sa kanilang mga kaibigan na nagkaroon din ng kaso noon.  Kulang nalang e sa bolang crystal sila mag-consult.

3)   Follow the advise of your trusted lawyer.  Kapag pumunta ka na sa abogado, he will usually advise you whether it is sound to submit a counter-affidavit or just wait for the case to be elevated in court para doon nalang sagutin.  Case to case basis yan.  Please take note na hindi porket sinabi ng abogado mo na huwag na mag-submit ng counter–affidavit e tinatamad ang abogado, or in the case of private lawyers, hindi porket sinabi nilang mag-submit ng counter –affidavit e mukhang legal fees na sila.  Sabi ko nga, lumapit kayo sa abogado na dapat wala kayong trust issues dahil hindi healthy na pinagdududahan niyo ang isa’t isa.


Kasambahay, entitled ba sa 13th Month pay?

4)   Wait and pray.  After submitting your counter-affidavit or after deciding not to submit one, wait mo nalang yung resolution ng prosecutor kung dismissed ba yung na-file sayo or naka-hanap ng probable cause kaya i-aakyat siya sa korte.  Kapag naakyat na siya sa korte, dun nalang kayo magpakitaan ng ebidensiya.

5)   Don’t expect your lawyer to do magic.  For many, they hire or go to a lawyer expecting that the lawyer will give them 100% assurance na panalo sila sa kaso.  It does not work that way.  Lawyers and judges only rely on the evidence at hand.  Pero kung madilim ang gilagid mo at gumawa ka ng kung ano anong ebidensiya para lang malusutan ang kaso mo e bahala na kayo ng abogado mo sa buhay niyo because both of you are opening yourselves to criminal liability.

The point is, never ever ignore a subpoena. Instead, immediately visit a private law office or the Public Attorneys Office nearest to you if you are qualified for their services.

PARA SA MGA MAHILIG TAKBUHAN ANG BILL SA RESTAURANT. MAG-ISIP KA MUNA.

This legal opinion is based solely on the question that you asked.  The legal remedies may vary if there are additional facts.

Note:  This is a 3 year-old post, this blog is no longer answering legal questions due to the lawyer’s heavy workload and to avoid conflict of interest in cases where the inquiry is coming from a non-indigent individual. 

NMK 01

Atty. Dexter D. Diwas and Grasya Pantasya in one of the Episodes of “Oh My Grasya”, Naimbag nga Morning Kapamilya”, ABS CBN Northern Luzon.

LIFE REALIZATIONS FROM THE YAYA MEAL SCANDAL

Since I do not belong to the alta sociedad, I am not really familiar with Balesin Island Club. I only heard about it when Chiz Escudero and Heart Evangelista got married and I was not invited.

I love travelling and sleeping in luxurious hotels (when sponsored) but I will have to be frank that I would probably have to spend my life savings before I could possibly visit this exclusive club. (I didn’t check the rates yet actually, but who knows? Baka afford ko pala, change topic please.)

After reading the latest scoop involving the famous island, my longing to spend time in that resort died down (as if). According to the earlier write ups, they have this meal that they call “yaya meal” in Balesin, so I got curious and did my own web investigation on this brewing-to-be-national-issue. My inquiry on the matter led me to Maggie Wilson-Consunji’s facebook account: maggie wilson Here are her posts that started it all:

what started it.
Parang ayokong tumabi kay Connor. Baka pagkamalan akong driver niya and they’ll probably shove the driver’s meal to my throat. Here in Baguio City, when you visit OMAIKAN RESTAURANT (This is free advertisement by the way), they have what you call CONQUEROR’S MEAL, dito nalang kayo kumain Maggie, with your yaya.

After her posts, as usual, comments flooded her page, she later on posted this clarification:

maggie cleared the issue
Oh, si nanay naman pala ang may gusto ng yaya’s meal. Kahit naman siguro kung ako si nanay e pag nakita ko na mas mura yung yaya’s meal e yun din ang oorderin ko. Pero I’m sure baka masarap kasi yung meal na yun kaya same order din si nanay. Pero ang good thing here is hindi binigay yung yaya’s meal sa nanay ni Maggie, kasi kapag nalaman niya in the long run na strictly pang yaya pala yun tapos binigay sa kanya ng walang tanong tanong e baka mas magkaroon pa ng malaking issue. Anyways, kidding aside, you are right Maggie. Very wrong to have named the meal Yaya’s meal. Why not call it “budget meal” instead? Haay, Alta Sociedad these days.

Ano nga ba ang itsura ng scandalous yaya meal na yan?  Here is a pic:

yaya-meal
Oh, ano naman pala siya. Hmmm, medyo di ako naka-react sa kung ano siya. Pork or chicken adobo daw according to http://manila.coconuts.co/2015/04/04/yaya-meal-real. (Pic courtesy of http://www.wikihow.com/Make-a-Famous-Philippine-Chicken-Adobo)

Medyo nagising ang aking ulirat sa mga pangyayaring ito.  If in Balesin, their chicken and pork adobo is called “yaya meal”.  Here are some of my precious life realizations:

1)  Since my breakfast is most of the time hotdogs and eggs or just plain bread, I am probably eating a “TAONG GRASA MEAL”.  Ganun ba ang gustong ipahiwatig ng pangyayaring ito?

2)  If by any chance, I become a member of Balesin Island Club, I would immediately be banned dahil I will be ordering yaya meals for breakfast, lunch and dinner or probably not because they won’t notice.

3)  My friends would probably hate me if i treat them to Balesin and say “waiter, pa-order nga ng limang yaya meals for me and my friends please, with extra rice”.

4)  A lot of Filipinos will die to have a yaya meal at least once a week.

5)  Para sa mga alta sociedad, bilog ang mundo, darating ang panahon na luluhod ang mga tala at kakain din kayo ng YAYA MEALS na yan, bwahahaha!

6)  Sa tingin ko lang, dapat ang pagiging alta ay through and through. I mean if you go visit Balesin, I hope you order the same food for your helpers.  Otherwise, baka naman di niyo talaga afford ang pagiging alta.

To end this, I am proud to say that tonight, my wife cooked me a yaya meal.  It was good.  It was really good and I will probably eat yaya meal again tomorrow.

I’m sure ikaw din, baka yaya meal din kinain mo kanina. hehe.

BUMOTO KUNG SINO ANG DAPAT SISIHIN SA “YAYA MEAL” SCANDAL. CLICK THIS LINK.

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