The only thing to do

with good advice

is to pass it on.
It is never
of any use to oneself.
Oscar Wilde
(1854 – 1900, Irish playwright, poet and writer)

Narration of the Facts

Brian Oluila (“Oluila”) is the accused-defendant in People of the

Philippines v. Oluila. He is charged with violation of the Comprehensive
Dangerous Drugs Act of 2002 (“RA 9165”). His counsel is the Public Attorney’s
Office, in charge of which is Atty. Katrina Santiago-Bosantog.

Oluila, with another now at large, was caught out of a planned buy-
bust operation (“operation”) by the La Trinidad Police force, in cooperation
with the Philippine Drug Enforcement Agency. As planned, they were on
board a motorcycle when they were flagged down.

The records thereof has, inter alia, a photostatic copy of a photo

obtained during the operation. It shows the prohibited drug, and the ground
where the photo was taken. There are no other photos, other than the photo
of Oluila.

Legal Counselling

I briefly introduced myself to Oluila, and Atty. Katrina informed him

that I was there to give him some legal advice. I was anxious of how I would
start, but as the conversation went on, I coped with it.

The interview with Oluila.

I was surprised when Oluila told me that he was violently

apprehended, that there was no sale actually conducted. He said that he was
frisked, and among others, a matchbox was confiscated. Therein was the
prohibited drug.

The legal counselling proper.

I gave legal advice on whether or not there is occurrence of any buy-

bust operation. I tried to translate the following in the simplest way possible.
It was very difficult.

For the prosecution of illegal sale of drugs to prosper, the following

elements must be proved: (1) the identity of the buyer and seller, the object,
and the consideration; and (2) the delivery of the thing sold and its payment;

What is material is the proof that the transaction actually took place,
coupled with the presentation before the court of the corpus delicti (People of the
Philippines v. Dela Cruz, GR 185717, [2011]).

Accordingly, I told Oluila what I noticed from the records of his case,
that the operation was peculiar. In contrast to his version, it seems that that
there was really no sale conducted by the apprehending officers.

Assessment

I was advised as well by Atty. Katrina, after legal counselling. She told
me that lawyers shall never tell their clients, most especially individuals
accused of crime/s, that they will win their case. This is to avoid their sharing
with their inmates in jail. This is to avoid giving them false hopes.

Realization

Indeed, legal counselling is not a small aspect of legal practice, but a

very fundamental one. It is the communication of a legal opinion on the
substance or procedure of the law in view of factual circumstances. If the
facts are complicated, the lawyer will surely find it difficult.
 My encounter with Mr. Oluila is a memorable one. I had a glimpse of
how it really happens outside my law books, and the four corners of the
classroom. The problems outside law school are really much more
complicated and difficult than those given during quizzes and exams. And the
striking differences between legal counselling and those examinations are
the battle of prejudices and emotions which seem inevitable with clients, and
the relief and sense of fulfilment after counselling.

Lastly, the legal counselling I did is one worth remembering for me

who aspires to be a good Christian lawyer.

I, Anton John Vincent M. Frias, fourth year law student, Section C,

enrolled in Legal Counselling and Social Responsibility, Saint Louis University,
Baguio City, hereby certify that the foregoing report is made to the best of
my knowledge, in accordance with the confidentiality of the case.
 REPORT ON LEGAL COUNSELLING

In Partial Fulfilment of the Requirements

In Legal Counselling and Social Responsibility

Law 425

Submitted to:

Atty. Marybelle D. Mariñas

Submitted by:

Anton John Vincent M. Frias

4C
1 March 2018