GONZALES, UY, TAN & TIMONES

LAW AND ASSOCIATES

17th floor, 8 Rockwell Building, Hidalgo Drive, Rockwell Center, Makati, 1210

Ellyssa Marie E. Timones Dec. 11, 2018

1A Atty. Tanya Lat

“A Regime of Truth, Justice, Freedom, Love, Equality, and Peace”

To live under a “regime of truth, justice, freedom, love, equality, and peace” is
a dream that all Filipinos share and which is embodied in the preamble of the 1987
Constitution. We aspire to achieve this through a “democracy under the rule of law.”
Our nation has a long history of oppression of the people, that is why we have
established a democratic form of government that is supposed to be of the people,
by the people and for the people. Democracy is supposed to be under the rule of
law, not men.

The rule of law should be distinguished from the law. The law is merely a tool;
it can be used for good or bad. Meanwhile, the rule of law is a system of justice. The
law can be used to oppress the people, but the rule of law will always champion the
people. It is important to differentiate the two because it is the rule of law that we
should follow and strive for, not merely the laws.

In our reality today, the law is skewed. Our tax laws make the poor poorer
and the rich richer. Criminal laws free those who steal millions, but punishes those
who steal a meager amount. Alleged drug lords are given due process, while alleged
small-time drug users and drug pushers are killed on the spot. The current legal
system is a system of oppression. The law is made and kept distant from the
Filipino masses, and their ignorance of the law causes them to be victims of
injustice. This is not the rule of law, because the rule of law cannot be separated
from the people.

It is the legal profession which is tasked to deliver justice. The selective

justice we have now which favors the rich and powerful, is not justice at all. As
such, the legal profession must not forget its duty as administrators of justice, which
is why it is important to study and re-study the profession. Aspiring lawyers should
be given direction as future members of the legal profession, and that direction is
towards justice. Those in the practice of legal profession must also re-study the
profession and ask themselves, “Are we in the right path?” or “Are we moving
further away from justice?”

In my short course of studying the legal profession, I have not only realized
the magnitude of the flaws in our legal system, but I have also learned that there is
an alternative to the current traditional system. Through this course, I have learned
how problematic it is that the justice system is distant and unfamiliar to the people;
it is so ironic considering that justice should be served to the people. This learning
has really made an impact to me, especially after witnessing how lawyers could also
be a part of this problem. During our court visit, I observed how the fiscal was
unkind towards a man for not knowing the law. I believe this kind of attitude and
behavior propagates the problem. When people are being shamed for not knowing
the law when it is already unfamiliar to them to begin with, they would be more
passive and just rely on those who they think has knowledge of the law. And if they
 GONZALES, UY, TAN & TIMONES
LAW AND ASSOCIATES
17th floor, 8 Rockwell Building, Hidalgo Drive, Rockwell Center, Makati, 1210
rely solely on those who have knowledge of the law, they become even more
powerless.

I have also realized that our current legal system is not an effective one. The
punitive system is only a band-aid solution because it fails to consider the
complexity of the issues causing what it punishes. The problems we are facing
today such as poverty, corruption, environmental degradation, and crimes are all
interconnected, but the punitive system does not tackle it and so the problem grows
bigger. The problematic system has become a structural constraint for the people,
in which they are ultimately the victims.

The course, after informing me of the situation of our legal system, has also
given me direction. It has pointed me towards unitive justice. I believe this is a
better fit to what our country needs; there is power in unity and togetherness. And
we must all be agreed in what changes we want, and how to achieve them.

To shift the legal profession towards unitive justice, it is important that we all
have social awareness and the right attitude to critical social issues. We must all be
aware of the flaws in our current legal system. And using the framework of unitive
justice, address the flaws and social issues with lovingkindness. Having the right
attitude is important because this will shape our thinking and action.

The legal profession must lead the way for this shift. Lawyers are the one
who knows the law and they are the ones who can identify which parts in the legal
system are oppressive. This demands competence, good morals, and
independence from the lawyers. It is also important that everyone be involved and
that everyone be heard and understood. The people must be critical as well, and
not just follow blindly. Through this, we can establish rules that work for everyone.
This is also known as mutually beneficial action. In addition, everyone will know and
understand the rules, anyone can demand that it be enforced equally, and anyone
can scrutinize if it works for justice.

While moving towards this shift, the legal profession is also affected by the
trends and developments. In technology, for example, there has been a rise in the
use of artificial intelligence. This could help in the speedy administration of justice.
While, virtual meetings could increase access to legal processes. These
developments are not without risks; advancements in technology has led to
cybercrime. In adapting to these trends and developments, the legal profession
must still follow the path of justice, more specifically, unitive justice. Our end goal
should guide us in choosing our actions—which will make us more truthful? more
just? more free? more loving? more equal? and more peaceful?