By Oliver Cachapero Jr.
"It may be the cock
that crows, but it is the hen that lays eggs." -Margaret Thatcher
I became a full-fledged
lawyer in 2013, and just like many freshly-minted lawyers back then, I was very
much eager to attend hearings and litigate mightily. I get to wear a
long-sleeved barong, walk into the Hall of Justice while people look in daze,
their eyes saying how young a lawyer I am, get to be called “Attorney” by court
staff, and Pañero by the opposing counsel and the Judge. Years
of suffering in law school finally paying off as these things unfold right
before my eyes.
But as an idealistic person
that I am, the reality of litigation came to me with a big surprise, something
that I never expected especially that we were taught a lot about legal ethics
and whatnots in law school.
In one of my hearings
outside Metro Manila, an accused stood trial for stealing a magic kalan
(mini gas stove) from a sari-sari store. The trial room
that day was packed with curious guests and visitors, grieving complainants and
hand-cuffed accused, police officers, court employees, fellow lawyers and a
male Judge. The said accused was to be arraigned. Before his case was read in
front of him, the unsuspecting male Judge asked the accused, “Eh ano ba ang
ninakaw mo?” (What did you steal?) All of us inside the room were all ears.
The accused replied with a shy voice, “magic kalan po.” (Mini-gas stove,
sir.) The male Judge started laughing as the other lawyers laughed with him.
Little did they know that he was just forced to steal the magic kalan for
his very ill wife and three young kids. We could all agree that we he did was
wrong, but is it right to laugh at it? Lady Justice would have struck her sword
on them. In that way, justice would have been better served.
Again, in one of my
hearings in Metro Manila, I witnessed a male Judge transformed from being a
very gentle and considerate magistrate to a very annoyed and infuriated one. He
was having his time as a judge when he was examining a witness who is very
fluent in the English language and is good at expressing his thoughts. The
witness was well-dressed, calm and confident. The male Judge was just like having
a casual conversation with him, gentle and considerate even if the witness was
not responsive at times. Male Judge even gets to lead him to his desired answer
once in a while. But there was a 360-degree turn of events when the next case
was called and the next witness was asked to take the witness stand. She was in
her Sunday dress, although some would consider it as a pambahay.
Her hair was a mess, might have not taken a bath that day, and was with her
partially blind son who was the victim of that case. I did not personally know
the history of her case but the male Judge was already fuming when he asked his
first question. The witness was obviously scared as can be felt from her
shaking voice. Every time the male Judge asked questions and the witness answered
timidly or unresponsively, the Judge gets infuriated and threw some tirades at
her. It was an embarrassing ordeal for the poor witness which ended with the
Judge resetting the case. The witness was almost in tears out of humiliation
and looked like she does not want to continue with the prosecution of the case
anymore. This unusual (I supposed) scene was highlighted by the fact that the
furious male Judge was just cool and collected minutes before he dealt with the
later witness.
Interestingly, most of my
experiences with female judges, on the other hand, are completely in contrast
with those narrated.
In one of my hearings in Metro
Manila where my wife accompanied me, she was in total disbelief after the
trial. She won’t stop talking about how motherly the female Judge was to all
the parties to the cases that she heard that day. In one case, that female
Judge gave a detailed guideline on how the accused could engage the services of
the Public Attorney’s Office. She likewise devoted a good amount of time trying
to settle the next case. Normally, non-parties would get impatient when the
judge spends a lot of time on just one case, but during that time, we were
attentive to her and were nodding all the time to show our affirmation. I would
like to believe that that specific case has been settled by now. When my case
was called, she was gentle to me as she saw a young lawyer in front of her. She
would point out my mistakes mildly and would lecture me as if I was her
lawyer-son. My wife ended her admiration to that female Judge by saying that
the integrity of our judicial system would have been at an all-time high if all
the judges were like her. She is the complete embodiment of what Lady Justice
stands for.
Just recently, I had a
hearing in Metro Manila. The accused stood trial for stealing a Toblerone
chocolate worth P119.00. I was seated in front and my mind flashed back to my
memories of the magic kalan trial. I was ready to be
disappointed once again but I was in shock when the female Judge showed
compassion to the accused saying “Kung pwede lang ako na ang magbabayad
nyan.” (If it’s allowed I’ll be the one to pay for it.) She then continued
“Ang gusto ko magkaayusan kayo ngayon. Pumunta ka sa (grocery) store
pagkatapos ng hearing at ayusin mo. Gusto ko maayos ito sa labas ng korte.”
(I want this to be settled now. You go to the (grocery) store right after this
hearing. I want this to be settled without legal intervention.) No laughter was
heard that day. Only the resounding silence of admiration.
Some would argue that the
choice of gender has nothing to do with the trust and integrity of our judicial
system. But only a fool would deny that women are more compassionate than men.
Compassionate justice, after all, is recognized by our courts. Be that as it
may, we need more women in the Judiciary. This is not just a statement, it’s in
fact a plea.
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For comments, send it to ocachaperojr@yahoo.com
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