02 Jul 2010

Our beloved speaker, Mr. Chief Justice Reynato S. Puno, fellow officers and members of the National Union of People’s Lawyers, co-workers in the human rights struggle,

    In introducing our distinguished speaker, I will deviate from the traditional way of enumerating his credentials and achievements from his Resume.  Undoubtedly, these are impressive and impeccable, as we all know.  Instead, allow me to trigger your attention to his principles and philosophy as eloquently articulated in his speeches, ponencias and opinions.  And in this regard, I candidly admit that I am just beginning to re-read or read thoroughly Chief Justice Puno’s important works particularly those that pertain to our field of law practice which I fondly call lawyering for the oppressed and exploited sectors of our society.  I urge you all, especially the young lawyers, to read Chief Justice Puno’s opinions and speeches.  Chief Justice Puno’s incisive writings have a unique way of sharpening our understanding of Philippine law and its relevance to the root causes of the problems of Philippine society, particularly the centuries-old problems of poverty, social injustice and deprivation of genuine freedom, democracy and sovereignty.  More importantly, the pervading sincerity and simplicity that radiate from his writings have also a unique and compelling way of deepening the reader’s commitment to the rule of law, to the struggle for human rights and a just and humane society, to our rejection and unwavering crusade against corruption and to our ultimate goal of a genuinely free, sovereign and prosperous nation.

    Indeed, the depth and breadth of Chief Justice Puno’s prolific writings are almost incredible and can emanate only from a brilliant legal mind and a true Filipino patriot whose heart throbs unerringly for the Filipino poor and the powerless.

    Atty. Jose Midas Marquez, in his recent book sub-titled the “Writings of Senior Associate Justice Reynato S. Puno,” tells us that from 1993 to 2004 our speaker has written more than 700 opinions, all of which are known for their legal wisdom and constitute an encyclopedia of source  materials for the thorough lawyers and judges.

    Indeed, if I may venture my own simple analysis, Chief Justice Puno’s mind, heart and pen become even more passionate for the disenfranchised Filipino poor and deadly sharp and penetrating against the abusive rich and  powerful whom we often call the ruling elites in our country.  This is not to say that he bends the law in favor of the poor and powerless and against the rich and powerful.  This is only to say that Chief Justice Puno interprets the Constitution and upholds the Rule of Law by making them relevant to the crying need of our time.  Listen, for example, to what he said when he took his oath as the 22nd Chief Justice of our Highest Court:  “I pledge to do what is expected of me: to espouse no ideology but constitutionalism, to uphold no theology but the rule of law.”  In the same vein, listen also to what he said during the visit to the Philippines two years ago of UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions.  
    
    “The first and foremost of human rights is the right to life.  It has long been accorded universal status for the existence of all other rights is premised on the preservation of life.

    The extrajudicial taking of life is the ultimate violation of human rights.  It cannot be allowed anywhere, and it has to be resisted everywhere.

    Extrajudicial killings also constitute brazen assaults on the rule of law.  It is the constitutional duty of our judiciary to protect the rule of law and we will link with all efforts to prevent its erosion.”


    In a speech that eloquently expressed his deep and abiding commitment to make the judiciary under his watch a relevant institution in the on-going human rights struggle of the Filipino people, he said:  “The worst enemy of human rights is not its non-believers but the fence sitters who will not lift a finger despite their violations.”  In the same speech, he pointedly debunked the militarist and authoritarian solution to our social and economic problems by saying:  “If there is any lesson that we can derive from the history of human rights, it is none other than these rights cannot be obliterated by bombs but neither can they be preserved by bullets alone.” (The Old Struggle for Human Rights, New Problems Posed by Security, University of the East, April 18, 2007)

    In one elegant sentence, Chief Justice Puno capsulized his abiding adherence to equal justice for the rich and poor alike.  Thus in Chavez vs. Bonto-Perez, he said:  “One of the anguished cries of our society is that while our laws appear to protect the poor, their interpretation is sometimes anti-poor.”   I venture to add that Chief Justice was just being respectful when he said “sometimes,” instead of “oftentimes.”  Then he made the following appropriate description of the miserable life of our migrant workers which could very well accurately describe also the lives of the Filipino peasants, workers, urban poor, fisherfolk and indigenous Filipinos:

“Our overseas workers constitute an exploited class.  Most of them come from the poorest sector of our society.  They are thoroughly disadvantaged.  Their profile shows they live in suffocating slums, trapped in an environment of crime.  Hardly literate and in ill health, their only hope lies in jobs they can hardly find in our country.  Their unfortunate circumstance makes them easy prey to avaricious employers.  They will climb mountains, cross the seas, endure slave treatment in foreign lands just to survive.  Out of despondence, they will work under subhuman conditions and accept salaries below the minimum.  The least we can do is protect them with our laws in our land.  Regretfully, respondent public officials who should sympathize with the working class appear to have a different orientation.”


    I can go on and on and speak with concurring pride about our speaker’s gems of wisdom and deep-seated concern and love for the poor Filipinos who are in “the margins of our society” to use his language.  The common thread that runs through his opinions and speeches reveals an in-depth understanding of how both substantive and procedural law can be effective tools for addressing human rights violations, social injustice and the aspirations of our people for fundamental reforms.  The innovative writs of Amparo and Habeas Data are just two of his initiatives in his unrelenting efforts to make the judiciary and the rule of law the genuine equalizer to check the excesses of an abusive executive branch of government, particularly the military and police.   But time will not permit in this short forum where I have been allotted only ten minutes to say my piece.  It is my fervent hope that the IBP, the NUPL and other law groups and lawyers will initiate a new subject in the MCLE curriculum entitled “Lectures on Chief Justice Reynato S. Puno’s Initiatives and Contributions to Help the Poor in their Struggle for Justice in all its Dimensions.”

    Sisters and brothers in the legal profession, co-workers in the human rights movement, ladies and gentlemen, I am truly honored to introduce to you our distinguished speaker today, my beloved brother in our great fraternity, the Free and Accepted Masons of the Philippines, a jurist par excellence, a man of sterling character, always first and ahead among his peers, a Filipino patriot, a crusading and innovative leader of the judiciary, Chief Justice Reynato S. Puno.