Ignorance of the law

Very many were happy to read yesterday's news story. A justice of the Court of Appeals was dismissed by the Supreme Court for, said the news item, "ignorance of the law."

Justice Elvi John Asuncion was dismissed by the Supreme Court for sitting on a motion for reconsideration for six months to more than a year, unless "the parties come across."

He was selling his decisions.

Asuncion is the second Court of Appeals Justice to be ousted by the Supreme Court. The other one was Justice Demetrio Demetria for interceding in the drug case of Yu Yuk Lai in the Justice department.

This happened because there are people brave enough to complain.

One Manila daily bannerlined, "Election lawyers hit corrupt trial judges." It adds poll protest decisions are for sale?

The rate? It ranges from P1 million to P5 million for the judge for one to get a favorable decision.

The lawyers met with Supreme Court Chief Justice Reynato Puno. I know Chief Justice Puno will act. When he was here last week, I told him many lawyers here were happy with his cleaning up the courts with nepotism. He personally told me, "I will clean up the mess."

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How straight are our judges here? I have not heard of the really notorious judges. There are complaints that filter to the media about some judges who are "very slow." But nothing is said of their waiting for some people to "come across."

I understand the difficulty of the life of a judge. They have to comport themselves with dignity and, in most cases, their socialization is limited lest they be misunderstood of being close to some lawyers or litigants.

Their other difficulty is when they render a decision, one party is happy but the other party is not.

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But a good judge, honest and fair, will always stand out. Lawyers respect them. And the public too because word is spread by whisper who are the good judges.

Usually when with lawyer friends, I would ask who, in your opinion, are the best judges in intellectual brilliance, honesty, and fairness in dispensing justice. I am not surprised. The perception is almost the same with many lawyers. Judges perceived to be very good are the same judges also perceived to be good by the other lawyers.

For judges do not just interpret the law. In a sense they are also lawmakers. U.S. President Theodore Roosevelt, in a message to Congress on Dec. 8, 1908, said, "Every time judges interpret contracts, property, vested rights … they necessarily enact into laws parts of a system of social philosophy … the decisions of the courts on economic and social questions depend on their economic and social philosophy."

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But judges, too, have their detractors. Senator Charles Sumner, addressing the Republican convention in Massachussetts on Sept. 7, 1854 said, "Judges are but men, and in all ages have shown a fair share of frailty. Alas! Alas! The worst crimes on history have been perpetrated under their sanction, the blood of martyrs and patriots, crying from the ground, summons them to judgment."

I don't have the facts why he had this topic. It was, I later found out, a candidate he was denouncing was a former judge. So, judges when you retire don't go into politics.

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And yesterday's news was very much welcome too when I read RTC Judge Ray Allan T. Drilon was named executive judge.

And he is one of the young judges here. When I asked who among the judges are the best and highly respected, Allan Drilon's name is always there at the top. And he is highly principled.

It pays to have an honest father. Allan's late father Marcelo (Ciloy) had long been a business associate. He was a CPA. He was very trustworthy and would not dare take advantage of anything. Most often the values of the father are passed on to the children.

I am also happy to read four RTC judges in Negros Occidental were nominated for promotion to Court of Appeals. Judges Anita Chua and Edgardo de los Santos of Bacolod, Henry Arles of Kabankalan, and Renato Muñez of Cadiz.

They all happen to be my close friends and I am proud to say, they deserve the nomination. It will be quite a stiff competition because, for the position vacated by Justice Roberto Barrios who passed away Feb. 18, there are 64 judges nominated. Let's just hope one from here gets it.

Justice is something society cannot do without. There can be no peace, no progress without justice to be rendered by the courts.

Poet Oscar Wilde who wrote a ballad when jailed said: "For man's grim justice goes its way, / And will not swerve aside; / It slays the weak it slays the strong, / It had a deadly stride; / With iron hand it slays the strong, / The monstrous parricide."*

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