It was expected. My own sources told me it was inevitable. And yet when the news broke, half an hour or so ago, that the Supreme Court had removed Chief Justice Maria Lourdes Sereno from office by granting the quo warranto petition against her, I was still staggered by the enormity of it all. This was eight justices deliberately turning their back on the rule of law, to spite a leader they did not like (and in the process play the witting pawns in a game of authoritarian chess). I also shared the sense of loss and confusion many members of the legal community immediately expressed, and then remembered this letter of Sen. Jose W. Diokno to his son, a month after the declaration of Martial Law in 1972.
[Update: Esquire Philippines has the complete version. I didn’t even realize my copy was incomplete!]
When you asked me about a month ago, for a list of books that you could read to start studying law, I was loathe to prepare the list because I felt that you would be wasting your time studying law in this “new society.”
I am still not sure that it would be worth your while to do so.
A few days ago, while chatting with a soldier, he asked, in all seriousness and sincerity, “Pero sir, kailangan pa ba ang mga abogado ngayon?” And in a way that perhaps he did not intend, he raised a perfectly valid question.
A lawyer lives in and by the law; and there is no law when society is ruled, not by reason, but by will—worse, by the will of one man.
A lawyer strives for justice; and there is no justice when men and women are imprisoned not only without guilt, but without trial.
A lawyer must work in freedom; and there is no freedom when conformity is extracted by fear and criticism silenced by force.
A lawyer builds on facts. He must seek truth; and there is no truth when facts are suppressed, news is manipulated and charges are fabricated.
Worse, when the Constitution is invoked to justify outrages against freedom, truth and justice, when democracy is destroyed under the pretext of saving it, law is not only denied—it is perverted.
And what need do our people have for men and women who would practice perversion?
Yet the truth remains true that never have our people had greater need than today for great lawyers, and for young men and women determined to be great lawyers.
Great lawyers—not brilliant lawyers. A scoundrel may be, and often is, brilliant; and the greater the scoundrel, the more brilliant the lawyer. But only a good man can become a great lawyer: for only a man who understands the weaknesses of men because he has conquered them in himself; who has the courage to pursue his ideals though he knows them to be unattainable; who tempers his conviction with respect for those of others because he realizes he may be mistaken; who deals honorably and fairly with all, because to do otherwise would diminish him as well as them—only such a man would so command respect that he could persuade and need never resort to force. Only such a man could become a great lawyer. Otherwise, “what you are speaks so loudly, I cannot hear what you say.”
For men and women of this kind, our country will always have need—and now more than ever. True, there is little that men of goodwill can do now to end the madness that holds our nation in its grip. But we can,even now, scrutinize our past; try to pinpoint where we went wrong; determine what led to this madness and what nurtured it; and how, when it ends, we can make sure that it need never happen again.
For this madness must end—if not in my lifetime, at least in yours. We Filipinos are proverbially patient, but we are also infinitely tough and ingeniously resourceful. Our entire history as a people has been a quest for freedom and dignity; and we will not be denied our dreams.
So this madness will end; the rule of force will yield to the rule of law. Then the country will need its great lawyers, its great engineers,its great economists and managers, the best of its men and women to clear the shambles and restore the foundations of that noble and truly Filipino society for which our forefathers fought, bled and died.
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