longcuts archives

I had an opportunity to talk to CA Justice Jose Milo Jr. hours before his suspension order from the Supreme Court was released.
He was one of the resource speakers during the 4-day MCLE seminar for lawyers, fiscals and judges.
No, he did not speak on the topic Legal Ethics. He discussed about rules of procedure in the appellate court.
He told Longcuts he expected a dismissal. He said the records are plainly obvious that Justice Vicente Roxas would be dismissed.
He did not say though what would happen to him.

He said he could have denied altogether having talked over the phone with his brother Camilo. And there would have been no disbarment case that would be filed against his brother. And nobody would have known what transpired between them.
But he wanted to tell the truth.
Because, Sabio said, he saw no wrong in telling the probe body that his brother called him.
He said he told his elder brother that he would decide the case according to his conscience and not because of the “call.”
The fact that they talked or that his elder brother had called him is to be expected, he said.
This is a normal thing to do between brothers – for one brother to call, talk and discuss any topic, he said.
“I could not just refuse to accept the call of my brother. He was the one responsible for my entry in the judicial branch of government. It would have been incredible for me to deny having talked to my brother because that is not normal anymore,” he told Longcuts.

The time we talked, Sabio could not have known what lies ahead. He was jolly, he was relaxed, as if he was not facing any legal complications at all.
Anyway, following receipt of the report by the probe body, the Supreme Court suspended Sabio for two months for simple misconduct and conduct unbecoming of a justice of the CA.
The SC said Justice Sabio violated the new Code of Judicial Conduct when he allowed his elder brother, Camilo, to influence his conduct on the Meralco case and was remiss on his duty to inform the Presiding Justice about his brother's phone call. Sabio admitted during the panel hearings that his elder brother called him up twice to influence him on the position of the GSIS.

The sanctions imposed by the Supreme Court against those involved were considered as terribly unfair.
Only Roxas was ordered dismissed. The others like Sabio and Vasquez were merely suspended or reprimanded.
Some people wanted them all dismissed from service.
I don’t agree.
To my mind, there is no question about their infraction. One way or the other, they committed breach of professional ethics.
But there is a whale of difference as to the gravity of their offenses.
Roxas seriously lied when he manufactured the supposed transcript of proceedings.
Roxas seriously lied when he wrote the decision based on the manufactured transcript.
Roxas showed undue interest over the case when he refused to hand in the records, as required by the Rules. He must have a million reasons for doing so.

Well, somebody told me the budget was actually 100 million.
If only those who received were not wantonly greedy, nobody would have been the wiser. Everybody happy, as they say.
Nobody would have known about what transpired behind the scenes.
But one CA Justice would not settle for 5 million, he wanted 10 million.
And that started the fight.

By the way, the 4-day MCLE seminar for lawyers, fiscals and judges ended last Thursday evening.
If not of the requirement that effective January 2009 pleadings filed in court should bear the MCLE compliance number of the lawyer handling the case, nobody would have bothered.
Any pleading that does not bear the compliance number would be dismissed outright.
Even documents that require notarization should also bear the compliance number of the notary public.
This is the reason why the MCLE seminar became doubly mandatory.

For 4 straight days, 7:30 in the morning to 6:30 in the evening, Bohol lawyers, fiscals and judges acted like students of law.
Which means for 4 days, no legal works, no court hearings, no income, no nothing.
It was 4 days of hard labor, really.

There was nothing to do but sit and listen.
Yes, listen. Either to the resource speaker or to the nosy neighbors who were either bored as hell or were just plain talkative.
The hardest part was the sitting, not the listening.
Which is understandable because lawyers are generally not known to be good listeners. They would rather talk than listen.
Of course, the art of listening is also a badge of age.
Only those who are wide awake can listen. Sleepyheads or snore heads do not care at all who is talking and what is being talked about. They have their dreamland, a world all their own.
During the MCLE seminar, a lot of lawyers at the back were busy sleeping. Others were just talking, comparing notes.
Men, women, they are all the same. They are good talkers, not listeners.
There were a lot of “good” topics to talk about.
Like who’s the latest sexual conquest of this lawyer, fiscal or judge? Or, who’s this lawyer who just got his head examined for brain tumor?
Or, who is this RTC judge who parades as a macho guy but who in fact, likes macho guys.
Ah, plenty of tsismis to while away the time.
No wonder, tables at the back were always the most noisy.

Which brings to the fore the issue of necessity of the MCLE seminar.
Is it really necessary? Or is it just a money-making scheme specifically targeting the lawyers in the country?
Many are under the impression that the MCLE seminar is not really necessary. And it is not effective as a “learning” seminar.
Save for some really good speakers, a lot of speakers do not know how to establish rapport with the audience. They just go on reading their prepared literary piece, unmindful of the state of agitation of the audience. This is one reason why some participants prefer to sleep.
Sleep is a much better pill to swallow while agonizing when the lecture ends.

Senate President Manny Villar is in deep trouble.
His name is dragged to the controversial “congressional insertion” of P200 million C5 road extension project which is already covered by a similar P200 million budget for the Carlos P. Garcia Avenue.
The C5 and the CPG Avenue are one and the same. But there are 2 appropriations for P200 million.
Villar admitted authorship of the “insertion” saying he merely wanted to increase the 200 million appropriation by another 200 million, re-aligning in the process funds from some other DBM-submitted budgetary requests.
But those who know about the “secret” workings of the bicameral conference committee say this alibi doesn’t wash.
Two budgetary outlays for one and the same project, one using the old name, the other one using the new name.
One is listed as C-5, the other as Carlos P. Garcia Avenue, on different pages of the general appropriations act (GAA) and in different sections of the budget.
Very smart. But not smart enough to evade detection.

And the reaction of the president’s men?
Damage control, as usual.
Budget Secretary Rolando Andaya Jr. said the release of the mysterious double appropriation of 200 million pesos was withheld. Apart from admitting that it was indeed a double entry for the same project, Andaya also said he would not release the 200 million.
This raises a legal issue, of course.
The 2008 GAA is a law. It is passed by Congress and signed by GMA.
Can Andaya, by himself, legally prevent the release or issuance of an appropriation?
Of course, he cannot. And he knows that.
It was meant as damage control, what else!

Now back to Manny Villar.
If only he kept his mouth in check, nobody would have cared about this blot in his otherwise wholesome image. Remember, the sipag at tiyaga thing?
But he blurted his presidential ambitions too early and so his opponents are wont to cast whatever aspersions they can muster to block his sight of the presidential palace.
He should remember that he has Mr. Palengke to contend with. And Mr. Palengke has The Firm as his legal consultant.
Which could be one of the reasons why former Defense Chief Avelino Cruz of the Villaraza, Cruz, Marcelo & Angangco Law Office is very visible these days.
Nonong Cruz used to be GMA’s legal counsel. He resigned after the Supreme Court struck down the people’s initiative petition.
Cruz’ former associate Antonio Carpio, the one who wrote the decision for the majority, called the petition as “grand deception.”
Cruz himself called it a“harebrained” scheme.
Ouch!
More when we return, stay tuned for more. Comments, suggestions, write to salvadiputado@yahoo.com