By Atty. Julius Gregory B. Delgado
THE PRIMACY OF THE RULE OF LAW
The legal community was hounded by another controversy surrounding the letter of Lt. Fernando Calabria, Jr., the Police Intelligence Chief of Calbayog City, Samar, asking for a list of lawyers handling cases for suspected Communists Terrorists. The legal community saw this as a harassment and sends chilling effect to the legal profession which prevents them from performing their duties as officers of the court. Lawyers, as professionals, cannot shirk from their duties of defending their clients. Even if their clients are members of CT organizations, it does not mean that lawyers are also members and espouse their ideology.
The Integrated Bar of the Philippines (“IBP”) led by its President, Atty. Domingo “Egon” Cayosa issued a strong statement branding this move as deplorable. Lt. Gen. Guillermo Eleazar, the Officer-in-Charge of the Philippine National Police (“PNP”), immediately ordered the relief of Lt. Calabria from his position. Lt. Gen. Eleazar also assured the judiciary and the legal profession that there is no such directive from the top echelon of the PNP.
This issue is very timely. There was an attempt before to ask for a list of lawyers handling drug cases. This was met by a condemnation by IBP-Bohol Chapter and the issuance of a Strong Statement published in various newspapers. Last week, the Executive Judge of the Regional Trial Court of Tagbilaran City, Hon. Leo Lison, called for a dialogue with law enforcement agencies such as the PNP, National Bureau of Investigation (“NBI”) and Philippine Drug Enforcement Agency (“PDEA”). Aside from Judge Lison, the meeting was attended by the following: Hon. Lindecita Arcamo, Vice Executive Judge of RTC Tagbilaran; Hon. Azucena Credo, Executive Judge of RTC Talibon; Hon. Samuel Biliran, Executive Judge of RTC Loay; Hon. Eric Ucat, Acting Provincial Prosecutor; Hon. Julius Cesar, Assistant City Prosecutor; Atty. Idonnah Lee Grupo-Coritico, Outgoing President of IBP-Bohol Chapter; Atty. Lizelle Zamora, Incoming President of IBP-Bohol Chapter; Atty. Teodoro Lagang, former IBP President; and yours truly.
The dialogue, which was attended by the Chiefs of Police and Police Investigators of Bohol, as well as operatives of NBI-Bohol and PDEA-Bohol, focused on the application of a Search Warrant. What triggered the dialogue was an application by a certain PNP unit for a Search Warrant with a deponent supposedly executing an Affidavit that a test buy was supposedly conducted on the subject. However, there is a strong evidence pointing to the fact that the subject was on duty as a nurse in Cebu City when the test buy was allegedly conducted. The judges reminded the PNP to perform their duties and functions properly, regularly and in accordance with the 1987 Philippine Constitution. One judge turned down and denied the request for leniency of a Chief of Police asking to follow the purported practice in Negros Oriental for all the deponents to be present together so that their testimonies will be consistent.
While anonymously citing irregularities, the dialogue also allowed judges and the other resource speakers to impart techniques and tips how to do their functions properly. The best thing in Bohol is that the PNP still maintains respect and high regard to the Bench and the Bar. The reason being is that the IBP-Bohol Chapter is supportive of our law enforcers through its long-running Legal Aid for Effective Law Enforcement (LAELEP) Program in partnership with the Provincial Government of Bohol. The LAELEP Program conducts a continuing legal education and seminars to police officers and also represent them in duty-related cases, criminal, civil and/or administrative. Truly, there is an old saying which goes, “It is better to light a candle than to course the darkness.” The judiciary and legal community in Bohol can easily call the attention of the PNP and other law enforcers because of this help and assistance extended by the Bench and the Bar to them.
Let it be clear that we support our law enforcers as long as they perform their duties and functions. We all want a peaceful and orderly society. However, law enforcers should be reminded to perform their duties and functions within the bounds of the law, especially the 1987 Philippine Constitution. We should all be reminded by the primacy of the rule of law. After all, we are a nation of laws and not of men.