Those who have the impression that lawyering is an honest - TopicsExpress



          

Those who have the impression that lawyering is an honest profession should think again specially in the field of criminal prosecution and litigation. Why did Marcos make it a point to have brilliant lawyers by his side? Because he was also one. He was charged with the murder of his fathers political rival Julio Nalundasan. Marcos was studying for the bar then. After being charged he defended himself before the court since at that time passing the bar was not a requisite for being able to practice. Marcos case reached the Supreme Court which promptly ruled in his favor. The Chief Justice then was Jose P. Laurel. While there was a reasonable doubt of his culpability in the crime Laurel thought it better to rule for an acquittal which was based on legal principle. At the same time Laurel was in awe of Marcos abilities. Marcos proceeded to top the bar. Filing a case involves extensive legal work to ensure conviction. It is a combination of legal principle as the basis of the case and the preponderance of evidence to support the principle. Witness the truckload of evidence in the pork barrel scam. The testimonies of the witnesses are hearsay and the documentary evidence doesnt directly linked the accused. The only way a conviction will be won is if Napoles herself testifies since she is privy to all vital information. Look at the lawyers of Ninoy Aquino when he was charged by Marcos before a military court. Dakila Castro, Lorenzo Tañada, Jovito Salonga, Joker Arroyo all lawyers with exceptional abilities. Would Coronas impeachment have been credible if Enrile were not Senate President? Look at Eraps impeachment trial Pimentel was like an idiot who didnt know what he was doing even if he was a lawyer. Would Davide have been able to hold a candle to JPE? I think not. The latest setback of Malacañan with the DAP is another example. Butch Abad is a lawyer. Did he conceptualize the DAP within the bounds of law? Maybe. But it goes to show how bad a lawyer he also is because he doesnt have the experience. The same goes with Tupas, Cayetano, Angara and all the prosecutors in the Corona Impeachment trial. In a perfect world lawyers would be on the side of the right. But in an imperfect world the lawyer makes use of his abilities to win for his client. It shouldnt be taken against him because of the effort he exerts.
Posted on: Tue, 02 Sep 2014 04:16:59 +0000

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