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Cheryl L. Daytec-Yañgot
Philippines
Has-been lawyer-activist who wonders if it is a good idea to return to the classroom as a student 10 years after graduating from law school; Has-been law and political science teacher in need of new prescription glasses; Has-been poet and newspaper columnist now groping for words to describe the simplest events; Trying-hard student who wonders where she will get the memory to store new information; and Facebook addict who had to stop writing her weekly newspaper column because of too many Facebook concerns.
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JUSTICE FOR SALE...BUT WHAT IS NEW?


In the Philippines, stories of money changing hands from litigants to judges are not new. But here is a case where a judge himself confirmed how money was used to buy "justice" in a criminal case. He was the judge who signed the decision convicting the accused. According to this judge, he did not pocket any penny. Other people- among them a prosecutor and a lawyer said to be the bagman of another judge- divided the hefty bounty from the private complainant among themselves.


The judge says he wrote a decision acquitting the accused. Oh, by the way, when the decision was read, the judge was absent. It was purportedly the birthday of a loved one. It was another judge (someone identified with the lawyer I mentioned) who did. His Honor was surprised that what was read was a decision convicting the accused.

In fairness to His Honor, he still gave the accused the opportunity to read the draft decision for acquittal. He told the poor guy's mother, "If the money taken from the private complainant will be returned, the decision will be overturned." To make a long story short, the family of the accused did not entertain the innuendo. (Come on- he did not say, "If you return the money...") The accused is now in a Metro-Manila jail. Oh, yes, I should not have forgotten this: The judge also said to the accused's mother, "But you know what? I saved your son. If I acquitted him, he would have been killed by killers hired by the private complainant." I know you are confused. Did he not say earlier that what he prepared was a decision acquitting the accused? I am also confused why he was surprised that what was read was a decision for conviction. It bore his signature!

I repeat: His Honor says he received no penny. He even pointed to a crucifix in his chambers. OK, fine, whatever.

Categorically, I state that this is not my case, although I was the man's counsel in another litigation. I have not made any unequivocal assertion that the case was decided in Baguio City where I was based when the events I sketchily described happened. It is good to keep the public guessing. When an administrative case against the judge is filed and the story hits the papers, you will know who he is.

By the way, it is good to visit jailhouses. The inmates are great story-tellers. They will tell you how much justice costs or does not cost.


Anyway, from the story came inspiration to write some lines that I wanted to give to the accused. I never did but I hope it reaches him. I am glad though that I was able to visit him in jail before he was transferred to the National Penitentiary. I even succeeded in making a plea on his behalf to stay his transfer for a week or so. The sight of his baby girl and his wife shattered my heart into tiny splinters.

One day when he is free, perhaps he will read this poem. Don't we always say, "The truth sets free?"


Footnote to a Conviction

Echoes cringe from the audacity
To inter Justice in her own Hall
The sable robe has been imbrued
Yet again
With the blood of innocence

Justice, orphaned, wanders
In the ebony of the nocturnal air
In the clarity of diurnal light
Banished from her own hall
By ghastly hoodlums in robes
Who claim to have touched
The sacred mind of God

A hollowed crucifix is suspended
From a wall in the chambers
Whose sterility is a chilling myth
Even to its two-faced occupant
The wall is straining to burst
With nefarious secrets caged
In the rhetoric of justice

The prisons are not deaf
They know Truth
Languishing within their walls

Let His Honor swim in his own filth
Let his stomach bulge from the bounty
Of his own depravity
One day, the Judge

Will be judged. chytdaytec/15june09

(I am reproducing in the Comments section some of the comments posted on Facebook.)

11 comments:

Cheryl L. Daytec-Yañgot said...

Elizabeth Cueva: That's what's called POETIC INJUSTICE.
26 August at 04:55 ·

Alexander Martin Remollino: Bravo! The poem does a great job of showing how despicable the supposedly honorable judge is.
26 August at 06:04 ·

Andy Taylor: I love this!!! You have fire in your belly!
26 August at 09:46 ·

Kenneth Manangan: That judge is sick... Grrr... Nakakainis talaga tong mga taong to... Ipagpapalit nila dignidad sa pera... tsk tsk... nakakahiya yang judge na yan.. mabulok sana siya kasama ni Arroyo...
26 August at 10:01 ·

Kenneth Manangan: Bulok na nga Legislative saka Executive natin... tapos sumasali pa judicial... anu na lang mangyayari satin...
26 August at 10:07 ·

Joy Beryl Kollin Yongaan: It must be tough to be a lawyer and a poet at the same time. He says you have fire in your belly, I say its guts, the corer essential part. Say hello to Budapest for me. Go conquer 'em all!
26 August at 10:27

Cheryl L. Daytec-Yañgot said...

Dulce Blanca Punzalan: Reality bites!
26 August at 11:41 ·

Beverly Ann C. Noriega:The frustrating side of litigation...bribery, corruption.
26 August at 11:43 ·

Francisco Irigon: This is also the frustrating side of the Philippines... bribery and corruption.
26 August at 14:12 ·

Butch Espere: Oh, the power of of the right to sit in judgment of other people. You have the gold, wine, women and song. And you get a hallowed place at the nearby church.
26 August at 19:15 ·

Angela Chamos
Aren't you glad you are also an educator? Not much money on being one but the nobility is there.
26 August at 20:21 ·
(My response: Angie, I am ever so glad. As I always said, if they won't pay me to teach, I will pay so I can teach.)

Chris Donaal: Nice one. May I have your permission to make it into a song?
26 August at 23:41 ·

Cheryl Chyt L Daytec
Thanks for the comments.

Chris, yes, you have it.
27 August at 00:40 ·

Myrna Devenecia: Naku, Cheryl. How do we fight these scums of society?
27 August at 06:47 ·

Cheryl L. Daytec-Yañgot said...

Caroline Albano: Very true! Kaya nga somehow, nakakadisappoint mg bar exams... but on the other hand, no matter how small a creature is... he/she could make a difference... Try ko nga ulit mag bar. hehehe.
27 August at 08:28 ·

Jenny Asuncion: Very beautiful, Manang Chyt! This only confirms my belief that justice is a myth. I had the same experience, the only difference is I never got a share hehehehe. Where is the justice there? I love your work.
27 August at 11:43 ·

Jose Molintas
Nice one. Case sounds familiar. Hehe.
28 August at 06:51 ·

Eddie de Vega
Today, I saw a clip on The Filipino Channel of a Filipina judge who actually spend 9 months in the hospital after she was attacked by an assailant who had previously been convicted by her but was eventually set out of jail.

She had lost so much blood, and the doctors said that had she not reached the hospital within 5 minutes, it would have been too late to save her life.

Perhaps all of us ourselves, or at least our clients, have been the victims of a great injustice as perpetuated by what is admittedly a far from perfect judicial system.... Read more

But it's heartening to note that yes, there ARE judges in the Philippines who are truly committed to the cause of justice, even at great personal risk.

I would like to believe that they could include some of our very own classmates from law school.

As for those who are less than upright, Chyt, your last line said it best:

"One day, the Judge will be judged."
29 August at 02:24 ·

Lyn V Ramo: Sadly, there are more tales of injustice to hear in the halls of justice, with the agents of justice telling it.
31 August at 12:22 ·

Droomvla said...
This post has been removed by the author.
Droomvla said...
This post has been removed by the author.
Droomvla said...

It's debilitating to hear stories like this.... But then again, everybody has a price. So what else is new? Maybe if extreme poverty is eliminated, we can all sleep soundly at night --- knowing that the man in robe who is earning 100 times or more than a regular government employee, WILL NOT BE TEMPTED to put a price tag in his chamber, in exchange for his honor.

But then again, poverty is as old as this planet. :)

Cheryl L. Daytec-Yañgot said...

Droomvla, I believe that corruption in high places has little to do with poverty than with character. When they increased the salaries of judges by 100% a few years ago, they justified it by saying it would prevent corruption. Has it done so? Naaahh.

A corrupt judge will never be satisfied. The judge I am referring to in the article was already disciplined by the Supreme Court within the last five years. And here he is striking again.

AdB said...

We call that culture of corruption.

Difficult to eradicate a culture even if salaries are increased.

You need to really WANT to eradicate a damaged culture. Filipinos have to want to do it, must have the determination and must do it.

We have the same problem in one particular country member of EU and NATO; the culture of corruption is so pervasive in that country, it has permeated the deep recesses of your ordinary population that it's affected not only big businesses but also small businesses, eg., on line trade (a booming business in Europe).

Many small on line businesses from Western Europe refuse to sell to buyers from that country.

AdB said...

We call that culture of corruption.

Difficult to eradicate a culture even if salaries are increased.

You need to really WANT to eradicate a damaged culture. Filipinos have to want to do it, must have the determination and must do it.

We have the same problem in one particular country member of EU and NATO; the culture of corruption is so pervasive in that country, it has permeated the deep recesses of your ordinary population that it's affected not only big businesses but also small businesses, eg., on line trade (a booming business in Europe).

Many small on line businesses from Western Europe refuse to sell to buyers from that country.

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This is a mural in the university in Geneva. It caught my attention when I visited the school.