A HEADLINE in last Friday’s Panay News quoted Chief Justice Lucas Bersamin in a keynote speech delivered at the start of the national convention of the Integrated Bar of the Philippines (IBP) as saying: “Lawyers must be honest.”
Yikes!
Actually, what he said was “We (lawyers) must not be dishonest.”
Not the same thing at all.
In fact, lawyers are adept at adversarial argument when the truthful statements of the opposition are belittled by cheap shots such as: “That’s an unfounded allegation.”
Non-lawyers need more education so that the gray areas beloved by lawyers are exposed as the deceitful and manipulative statements that they often are.
The Chief Justice, in his Message for the national convention, mentioned the Code for Professional Responsibility (CPR): I am glad he did. Lawyers, regrettably, often adopt an attitude of inappropriate ascendancy over the rest of us. Empty threats of libel action are far too frequently directed at hapless journalists. These must stop. It can be if there are adverse consequences meted out to those who engage in this misconduct.
Article 354 of the Revised Penal Code states, in part:
“Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown….”
Is there a difference between libeling an individual compared to libeling an organization? I believe there should be. An individual is entitled to some protection but an organization which employs people of varying degrees of probity and which hopes to profit from a large number of customers should expect to be called to account when misconduct occurs. I refer especially to financial institutions which use threats of libel action as a tactic to bury the truth which should, in the public interest, be exposed.
I believe that employees of Bangko Sentral ng Pilipinas (BSP) are affected. If so, I hope incoming BSP Governor, Benjamin Diokno is able to introduce new legislation which will afford the necessary protection to BSP staffs.
In his Message, Chief Justice Bersamin refers to his agenda to cleanse the Bench and the Bar of “scalawags and misfits.”
Does this mean he wants to get rid of corrupt judges and lawyers? If so, I hope he is successful.
I know that the meaning of words can change depending on location. But my Oxford American dictionary defines scalawags as “a person who behaves badly but in an amusingly mischievous rather than harmful way.” Perhaps Presidential Spokesman Sal Panelo would describe his boss as a ‘scalawag’ in this sense.
Similarly, my dictionary defines a “misfit” as “a person whose behavior or attitude sets them apart is an uncomfortably conspicuous way.”
I believe the Supreme Court, before Bersamin’s time, rather cavalierly rejected without dissenting opinions, well-meaning petitions which assailed Republic Act 10533 a.k.a. the K-12 Education Act.
Even the SC needs misfits!/PN
