ABOUT 900 independent lawyers and members of various law faculties are pressing the Supreme Court to take proactive measures that would protect judges, lawyers and members of the legal profession from threats and killings.
In a letter addressed to Chief Justice Diosdado Peralta and the other members of the 15-man High Tribunal, the lawyers admitted that they are “deeply troubled and concerned” by the recent reports that the Philippine National Police (PNP) has asked trial courts to compile a list of lawyers who represent personalities being linked with communist terrorist groups (CTG).
The University of the Philippines College of Law, through Dean Edgardo Carlo Vistan II, led the 157 faculty members and the other lawyers in seeking action from the SC.
A separate letter signed by 736 independent lawyers was sent to CJ Peralta also seeking protection of lawyers against impunity.
In their letter-request, the UP College of Law expressed its outrage over alleged police action, which violate the independence of the judiciary through its attempt to secure the names of lawyers representing CTGs.
They also expressed concern over lawyers who have been killed after having been “profiled” and “red-tagged.”
Vistan specifically cited the letter sent by Lt. Fernando Calabria to the Calbayog City Clerk of Court seeking the names of lawyers serving as counsels for alleged members of CTGs.
“We do believe that this Court is vested with sufficient power under the Constitution to protect its officers, including lawyers, prosecutors, and judges, as well as its staff and personnel from such threats, intimidation, and even killings,” the letter-request read.
“For this reason, we now seek the Court’s intervention to protect its lawyers, its officers and to ensure that the administration of justice is not held hostage by threats, pressure, and intimidation by yet unidentified people acting with impunity,” it added.
Vistan said they are asking the Court en banc to formally discuss the issue by docketing it as an administrative matter.
They also suggested the creation of a “Special Committee to Protect Lawyers” to be headed by an incumbent member of the SC with representatives from lower courts, Integrated Bar of the Philippines and other lawyers’ network and the legal academe.
The committee, according to the law dean, should be mandated to investigate the circumstances behind the letter sent to the Calbayog City Clerk of Court and all similar requests.
Vistan said the committee should also verify the number of lawyers who have been supposedly killed or may have survived attacks in connection with similar threats.
He also asked the SC to direct the committee to explore the need to promulgate rules to protect lawyers from threats, including the need to amend the existing rules on writs of amparo and habeas data.
“In the meantime, this Court may consider extending its good offices to coordinate with the Department of Justice and the Department of the Interior and Local Government to update itself on the status of cases against lawyers previously killed,” the group suggested.
In their separate letter to CJ Peralta, more than 700 lawyers admitted that the profiling of lawyers being conducted by the PNP across the country has sent a chilling effect on the members of the legal profession.
“We are deeply troubled and concerned by this brazen and outright attempt to curtail legal rights and liberties, to endanger the lives of, and perhaps deliberately target, lawyers carrying out their legal duties, and this palpable act of intimidation meant to deprive alleged ‘CTG personalities’ of their constitutional rights to counsel,” the letter read.
The lawyers asked the Court to immediately intervene “motu propio” on the matter and protect the lawyers against impunity and ensure the independence of the judiciary and the adherence to the rule of law.
The Court, according to the lawyers, should require the PNP leadership to submit an official explanation on the matter and commence proceedings in a bid to prevent such instances from happening again.
The SC has remained mum on the issue although the Office of the Court Administrator has started its inventory of criminal cases involving lawyers who were killed, harmed, threatened or attacked under the present administration.
The Free Legal Assistance Group (FLAG) said a total of 89 lawyers have been either killed or have gone missing from the term of the late President Ferdinand Marcos up to the term of President Duterte.
FLAG’s data also showed that the Duterte administration has the highest number of recorded killings and disappearances involving lawyers, prosecutors and judges with 67.
Judicial in nature
IN a related development, Court Administrator Jose Midas Marquez has temporarily shielded court judges from any responsibility over the killing of nine activists during the service of court-issued search warrants last March 7.
However, Marquez is not discounting the possibility of a case being filed by the parties who felt aggrieved by the issuance.
“The issuance of search warrants is judicial in nature. As such, judicial remedies are available to those aggrieved by their issuance. Any action at this time on their issuance may preempt judicial recourse any party may take,” Marquez said in a two-page memorandum submitted to Chief Justice Diosdado Peralta.
In his report, Marquez informed CJ Peralta that based on the reports of the Regional Trial Courts (RTC) of Manila and Antipolo, out of the total 72 applications, they granted 46 search warrants that were all served on the same day, March 7, 2021.
The Court Administrator said the executive judge (EJ) of the Manila RTC received an “unusually large number of applications” for search warrants.
Marquez noted that 63 applications were heard by the EJ and three Vice Executive Judges (EVJs).
Out of the 63 applications, 42 were granted, 19 were denied, while two were withdrawn.
As for the Antipolo RTC, there were nine applications, of which, four were granted, four others denied and one remain pending before a trial court.
PNP, IBP partnership
The PNP and IBP have agreed to strengthen their collaboration and work together to address the killings involving members of the legal profession.
The cooperation was pushed during a meeting on Tuesday between top officials of the two agencies led by PNP Officer in Charge Lt. Gen. Guillermo Eleazar and IBP President Domingo Egon Cayosa where the two issued a joint statement.
“Lawyer-killings shall be investigated promptly and thoroughly with the suspects subsequently identified, prosecuted, and penalized,” the statement read, which came as groups reported that at least 61 lawyers have been killed under the current administration.
Eleazar and Cayosa assured their organization’s support and cooperation in addressing the number of cases surrounding the death of judges, prosecutors and member of the legal profession over the past several years.
“The PNP leadership does not sanction or tolerate the use of unnecessary/unreasonable force; illegal/questionable methods, or abuse of authority in pursuing its mandate to enforce the law and maintain peace and order. It shall hold accountable and discipline any police officer or employee who acts in violation of the Constitution, law, or regulations,” the joint statement added.
On the other hand, the IBP “believes that JUSTICE BILIS is a key deterrent to criminality and will continue to encourage and enable its members to help move the wheels of justice in our country much faster.”
During the meeting, Eleazar and Cayosa pushed for further collaboration within the “Lawyer Security and Justice” agreement that the two institutions signed in March 2020.
Several groups claimed that under the current administration, the number of lawyers killed in the country has been the highest as they made comparisons from the time of former President Corazon Aquino up to the current term of President Duterte.
During the meeting, both Eleazar and Cayosa noted that the closer coordination between IBP and law enforcers and investigators resulted in the faster resolution of the recent killings of lawyer Eric Jay Magcamit in Palawan and lawyer Joey Luis Wee in Cebu City.
Cayosa reiterated the assurance of the IBP to provide legal assistance, through its legal aid program, to qualified police officers who are unjustly harassed for doing their job and who do not have access to a competent lawyer.
Eleazar informed Cayosa that the PNP Human Rights Affairs Office is conducting its own review of the PNP’s compliance with human rights standards in police operations because the PNP remains keenly responsive to the requirement of respect for human rights in law enforcement.
“We have sought to strengthen our partnership with IBP to develop greater confidence among police personnel and officers of the court,” Eleazar said.
The IBP reaffirmed its commitment to motivate both police officers and lawyers to work together in strengthening “communication lines” as officers of the court, ensure the prompt resolution and disposition of criminal cases and advocate for laws and reforms that will help pursue the ends of justice.
Eleazar, on the other hand, expressed the commitment of the PNP to provide timely assistance to lawyers, prosecutors and judges in distress or danger and extend appropriate security and protection in cases of threat or hazard in the performance of their duties and functions.
The PNP will also help enhance the knowledge and skills of lawyers in security, personal defense, firearms proficiency and discipline, and allow use of PNP facilities for such training.
Eleazar committed to assist and facilitate the processing of application for gun license and permit to carry firearms outside residence of qualified applicants in the legal profession.
The PNP also reiterated its commitment to expedite investigation and give preferential attention to incidents and cases of violence against lawyers, prosecutors and judges to ensure that the perpetrators are held accountable and justice is swiftly served.
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