Nation

UP LAW MEMBERS SEEK SC PROTECTION ON LAWYERS

AT LEAST 157 members of the University of the Philippines College of Law faculty and more than 700 law practitioners asked the Supreme Court to protect lawyers and uphold the rule of law.

/ 21 March 2021

AT LEAST 157 members of the University of the Philippines College of Law faculty and more than 700 law practitioners asked the Supreme Court to protect lawyers and uphold the rule of law.

Their appeal came following a letter from the Philippine National Police requesting the Calbayog Regional Trial Court for a list of lawyers who allegedly represent the Communist Terrorist Group personalities.

According to a letter from UP-CL Dean Edgardo Carlo Vistan II, the high court must act on the Calbayog City Police Station’s request as it affects the independence of the judiciary and lawyers, who are allowed to represent clients regardless of political beliefs and ideologies.

“With respect, our letter-request speaks for itself and conveys our outrage and our concern over the police action, through a letter sent by Police Lt. Fernando Calabria Jr. to the Calbayog City Clerk of Court, to transgress the independence of the judiciary through its aborted attempt to secure the names of lawyers representing so-called CTGs,” Vistan said.

“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,” he added.

The dean said aside from investigating and coordinating with offices in the executive branch, the SC has the power to protect lawyers from ‘harassment, red-tagging, and even attacks’.

“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,” Vistan said.

Calabria’s request also came with a table that seeks information on the lawyers’ names, affiliations, clients’ names, modes of neutralization, cases filed, and status.

SC spokesperson Brian Hosaka said the Calbayog RTC confirmed receipt of the request on March 12, but no action has been made by them on the request.

Vistan stressed the incident has already sent a chilling effect on judges and lawyers.

“While the letter sent by Lt Calabria Jr. has been disowned by the Acting Head of the PNP, similar letters making the same request have been received by other judges, thus making this issue one that is ‘capable of repetition yet evading review,’” Vistan said.

“Also, disowning the letter ex post facto, only after it had gone viral, flies in the face of the ‘chilling effect’ already created by such attempt on lawyers, prosecutors, and judges,” he added.

The Integrated Bar of the Philippines also condemned PNP’s action, saying the letter is ‘improper, deplorable, and alarming’.

“The letter disregards the very basic principle that lawyers are free and duty-bound to represent those accused regardless of political or ideological persuasions so that their rights are protected, due process is observed, justice is done, and that the rule of law is upheld,” Domingo Cayosa, national president and board chairman, said.

Meanwhile, Chief Justice Diosdado Peralta said he will bring up the appeal of UP Law professors to SC.

“I cannot speak for other members of the court, but what I can do is place in the agenda and let that petition be raffled and let us see what would be the recommendation of the member in charge because that’s what we do,” Peralta said.