Courtroom stories
I made an appearance at a municipal court and then took part in oral arguments at the Supreme Court in quick succession last week.
The lure of appearing before a judge and engaging in courtroom argumentation conjures up a thrilling experience that drives many young people to entertain ambitions of becoming a lawyer. It is said that the biggest class of people in the world is made up of those who, once in their lives, dreamt such dreams.
I have been a litigation lawyer for 26 years now and I have experienced handling all sorts of cases involving criminal, civil, corporate, labor, arbitration, election, human rights, and environmental issues. I have collected quite a handful of courtroom battle stories.
As a young lawyer, I represented an island-municipality in Bicol that was locked in a property dispute with a foreign self-proclaimed philanthropist who built a beautiful playground for kids because he professed a special heart for children. It turned out he was a pedophile who constructed the playground as his “ranch for children.”
Days before the first hearing, word spread on the island that the best lawyer in the region and a Manila lawyer (referring to myself) would appear in the local court and engage in “pagalingan ng Ingles” (an English speaking contest). On hearing day, the courtroom was packed and its big windows were opened to give the huge overflow outside a chance to watch. The opposing lawyer and I indulged the crowd as we engaged in a furious debate that lasted for more than two hours. Unfortunately, the mayor who hired me died in a boat accident, and a local lawyer was subsequently hired to take my place.
I once represented a Visayan politician who had been falsely charged with the nonbailable crime of murder by his opponents. When I obtained an appeal ruling in Manila that ordered my client’s release, I had to use air, sea and land transportation in one day to get him out of prison because of reports that his enemies were planning to kill him in prison. I flew from Manila to the nearest provincial airport, took a 30-minute boat ride, and then hopped on a motorcycle to reach the court that would implement my client’s release. A sudden downpour drenched me in my barong tagalog while on board the motorcycle. I was dripping wet when I met with the judge, but I got my client out of prison alive.
I also handled a case to declare the nullity of the marriage between a couple who growled at each other when they were within smelling distance. One rainy day just outside the courtroom, the spouses quarreled for the nth time and each began thrusting an umbrella at the other. I was in clear danger of being skewered because I was standing between them.
And then there was the international arbitration case in Singapore involving a European company that refused to pay its obligation to our law firm’s Filipino client. We were a small law firm of 10 Filipino lawyers and we faced the world’s second biggest law firm which sent its top Spanish lawyers. The Spanish lawyers exhibited dismissive behavior and were self-assured of winning. But after we cross-examined their witnesses (one of whom I questioned via live video conferencing in Spain), they wore faces of dejection. The British arbitrator rendered a decision awarding substantial damages to our client.
The ultimate dream of every litigation lawyer is to participate in oral arguments at the Supreme Court—an extremely rare opportunity. I am fortunate to have undergone the experience on three occasions. It is a grueling but enriching experience to face questioning by 15 justices that can last for hours.
The oral arguments at the Supreme Court last week involved our petition for protection against Operation Tokhang in behalf of the residents of San Andres Bukid in Manila. During the questioning, Justice Marvic Leonen asked me in jest: “Have you seen my name in a drug list?” I answered: “Not yet, your honor.” The audience burst into laughter.
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