Yesterday, I moved for the reopening of the pre-trial because the accused would like to plead guilty to a lesser offense. The alleged crime in the information was attempted homicide. I was asking the Fiscal that this crime reduced to Less Physical Injuries. However, she suggested that the crime be reduced to Serious Physical Injuries under paragraph No. 4 with the penalty of arresto mayor to prision correccional.
When I was asked on what crime should the accused plead guilty, I said Serious Physical Injuries. But I was cut by Judge Cap*le who said that, “e di pinakulong mo iyong kliyente mo? Diyos ko.” Her eyes getting bigger. So, I said Less Physical Injuries. At least,it was favorable to my client.
Pero, I wanted to tell the Judge that “Please, Judge, you look at the codal. There is a penalty of aresto mayor under Serious Physical Injuries No. 4. You became a Judge pero di mo alam yun. You’re such a big joke. Bakit ka naging Judge? Siguro naghanap ka lang ng backer no. Ang arte mo pa. Pwede mo siyang sentensyahan ng arresto menor. ginawa yun nung isa kong judge.” I almost blurted that out to her.
You see, fellow new lawyers. Not all Judges are marunong. Take Judge CM Cap*le as an example.
I am getting tired of the privilege speech of the senators. They are using the august hall of the Senate to express their personal views on things. I will not vote for this senator who lambasts a former President. I am not a fan of the former President. But I don’t think it is proper for Senator PL to resort in such vulgar way. He is just hiding under the cloak of the privilege speech.
Why don’t he take everything to the courts of justice where everyone will be given the chance to air his side?
I’m losing faith on the integrity of our Ombudsman. The outcome of the complaint against the the Presidential son is a test in the water. We’ll see if the “independent body” is really as it should be.
Right after passing the bar, I wanted to join an organization where the head was also the “head” of a certain organization for lawyers. For some reasons, I did not push through with my plan. Judge Dread was a director there kaya di na ko tumuloy. Yes, the judge who thinks highly of herself pero naman! she took the bar exams more than once, as confirmed by another Judge. Pareho sila ni “the head”
I realized that I don’t belong there. It’s a group of insecure and conceited individuals.
Yesterday was the first Sunday of the bar exams. There are some or most examinees who would spend this day thinking of their unsure answers yesterday. That’s a big NO! NO! You have to forget entirely what happened yesterday. So what if you thought you failed the bar exams in political law and labor law? You are not the examiner ok. Your score depends on the appreciation of the examiners of the answers you gave them.
This morning you go out. You go to the mall or to church. Spend the half day watching comedies or any movies. Some would even have sex with their partners. May room mate ako na ganun yung ginawa. Haha. That’s what she told me. So “secretive” of her no?
When it was my time then, the afternoon after the bar exams, I went home (province) because i wanted to be comforted by my family. Seeing my family took away the insecurities I had then. An acquaintance of my room mate would travel all the way to Manaoag! Yes, you got it right. Manaoag. The afternoon after each bar exams. After that, she would go back to Manila every Monday.
The afternoon of Monday, start studying for the next Sunday exams. You may alot 3 days for the morning exams and 2 days for the afternoon exams. That’s up to you.
Good luck to all of you.
I lit a white candle for an office mate and some friends. I also gave their names to the mother superior of Poor Clares.
My client told me about this incident.
PO1 Edward Pineda: Sino ang abogado mo?
My client: Babae po?
PO1 Edward Pineda: Kaya ba akong pagbalibaligtaran niyan o baka paksiwin ko yan?
Punyeta ka! Kebago-bago mo pa lang, akala mo kung sino ka na. Hindi ko pinasa ang bar exams ng minsanan para ganyanin mo ako. Bahala na ang Diyos sa iyo na humusga kung ano ang nararapat na parusa sa iyo. Never underestimate the wrath of a lawyer.
On December 10, 2009, I had the chance to meet this policeman. I talked to him. I asked him aout the aovementioned incident. I told him that I did not pass the bar exams just to be insulted by him. Guess what he told me? He denied ever saying that! What a liar!
I enrolled in a gym so that I would start losing these excessive fats. I also stopped eating rice.
I will do this religiously until December. I hope by that time, I am back to my old weight.
It was late evening of August 22, 2009 when Ate Belen’s husband (Melanio), son (Jeff) and a friend of his son were gunned down. The culprit – a member of CIDG. The three died as a result. One of the culprit’s is still hiding while the other one is already in jail.
Ate Belen works as an assistant at the IBP office in the locality while Jeff works as an assistant to one of the lawyers.
My batchmate in hign school remarked, “Kung sino pa ang pulis, siya pa ang gumagawa ng kasalanan.” Isn’t it ironic?
When I was newly assigned to this RTC, a judge of a lower court named Judge Nic%las(who is a relative of one of my former client) went into our office and told me that I should file a Motion to Inhibit against my RTC Judge. I felt hatred. Why? That judge has no right to dictate me on what I should do. I told her that I would investigate the matter. I went to the jail where that former client who I shall call Juan is imprisoned. I asked Juan if he personally heard or see what that Judge Nic%las told me. He said no. According to him, it was only relayed to him by his fellow inmates. She even told me that, “Knowing Judge ____ ( my Judge), he is a biased Judge.”
Immediately, I wrote my Motion to Withddraw my Appearance as counsel for Juan. I don’t think it is proper for her as a Judge to descend on that lowly level. She has no right to tell me what to do because I refuse to be dictated by anyone even if I consider myself as a new lawyer. My superior learned about it and asked me not to file the motion. In deference to him, I did not file it. After some time, Juan hired a new lawyer and I filed my Motion to Withdraw my Appearance on the ground that Juan decided to avail the services of a new lawyer. Had I managed to push thru with my plan, the public would know the illegal ethics of this Judge.
Sometime ago, I mentioned this to one of my Fiscals and he suggested that I should file a case against her in the Judiciary.
Let me go to another story which may be relevant tot his one.
In the same court, when I was still new, this court interpreter who finished law but failed the bar exams asked me to go to court because she wanted something from me. When I went to see her, she asked me to sign a Demurrer! My name, Roll No., IBP No., and everything were already there. The only thing left for me to do was to sign the pleading. I did not know what to do. I decided to tell her that I have to present it first to my superior because the latter checks everything we file in court. To cut the story short, I did not sign the pleading. I did not file it in court. I will not be an instrument of the corrupt people. Pinaghirapan ko ang titulo ko. Ako lang ang gagamit nito. Later, I found out from the husband of my client that he paid P3,000 to this person! I was mad as a bull. Ako ang lawyer nila pero ni singko hindi ako naniningil. Isinosoli ko ang mga binibigay nila sa akin dahil alam ko na mahirap lang sila. Tapos yung ibang tao, pinakikinabangan pa sila!
Recently, a neighbor who has been a family friend called me up and he said that he received feedbacks that I am masungit and nagwi-withdraw ang mga clients ko daw! I asked him who told him so but he refused to name the source. I got mad. After all the things that I did for my clients, iyon pa ang sasabihin nung mga tao? I don’t deserve this, I told myself. I did not eat lunch that day because I was very upset.
Afterwards, I decided to call him back but his wife told me that he went out so I decided to tell my side to his wife. I know I did not have to explain but I decided to tell them anyway because i am entitled to defend myself from this things.
I told the wife that it is true, I get masungit at times but I make sure that there is valid reason for that. If I asked the client to visit me on this day so that I could talk to him about the case or ask him to give me certain documents which are necessary for the outcome of the case but despite repeated demands, they fail to do so, I am entitled to get mad.
On the matter of some who asked me to withdraw my appearance, that was with the approval of my boss. You see, my predecessor moved to file demurrer for several times like 15-20 of them. He resigned in the office without making them. Yes. Think of a negligent lawyer, I agree. We agreed that even if he left the office, he would still make them. So that he, in his private capacity, could file them in court, I should file my Motion to Withdraw my Appearance. That was with the approval of my superior.
I also told her that I regularly visit my clients in jail. I really study my cases. I even bring work at home. I don’t want to move for postponement as much as possible because I understand my client’s desire that the trial would come to an end. Because of me, a number of cases are already submitted for decision. I file my pleadings and comment on time. I move for dismissal on time.
I told her that my clients are very grateful to me. They tell me and I could see it in their eyes.
I don’t accept the money they give me even if sometimes I get broke. I don’t accept the things they give me with my explanation to them that I will attend to their case without them having to give me anything.
I told her, I would rather be known as masungit but responsible lawyer rather than a corrupt lawyer.
BTW, I told my boss about this court staff who asked me to sign the demurrer and the P3,000 thing.
This story involves the ever conceited Judge Dread I mentioned in my other posts and another well known judge for her intelligence in our province.
Intelligent Judge: Kung sinu-sino pang sinasabi niyang kilala niya sa Office of the Court Administrator, e mas kilala ko kaya ang mga iyon.
Lawyer: E Judge di po ba you graduated from the same school?
Intelligent Judge: Excuse me! I took the bar only once!
I gather from the statement of Intelligent Judge that Judge Dread took the bar exams more than once. That explains why there was a one year absence.
If she indeed fail the bar exams, why the heck must she be conceited? She is the most insecure person on earth, I guess. She could not have a child. She’s ugly according to my standards because people tell me I am beautiful. Now, that explains her attitude.
To all lawyer applicants:
If you are applying for the position of Branch Clerk of Court, you have to ask the court staff first about the attitude of the Judge.
I saw that someone was looking for the Montemayors of Lubao, Pampanga. I wonder why? I know some of them.