Sketches of life’s mistrials

LETTERS FROM THE AGNO

March Fianza

“The first thing we do, let's kill all the lawyers.” It is a familiar phrase often heard. The statement expresses an ordinary court litigant’s frustration over a baffling and complex application of law. It is also known as a saying from Shakespeare's play. Whatever, those unfamiliar with the phrase wish that after an unfavorable and irreversible verdict is handed down, their lawyers meet bad fate especially those who practice their law professions by making shady deals in the backrooms.

Less than a decade ago, Johnny began improving a tract of agro-forest land he inherited from his father. In memory of his late father and to put identity and authority over the land, he built a decent house on a portion of the property that has been titled a long time ago. After the house was built, a band of envious village officials entered Johnny’s land and without permission dumped a truckload of sand at the house frontage that was inside the fenced area, with the malicious plan to construct a barangay structure. Johnny found out later that the barrio officials had applied for a tax declaration over his frontage area that was readily issued by a collaborating assessor. Because of a string of bad incidents after the sand was deposited in Johnny’s backyard, a court case between him and the barrio officials developed.

With the taxdec as basis, the village officials brought Johnny to court, accusing him of theft of the sand that they themselves deposited by design. In an ocular inspection conducted by the court around the property, it was found out that the mound of sand allegedly stolen by Johnny was never touched as it had stayed in one piece right where it was first dumped. In an attempt to settle the dispute amicably, the judge asked Johnny if he was willing to pay double or treble the amount of the untouched pile of sand, to which he agreed. But the problem was, after the court hearings, the wasted time and effort of all, the barrio officials were after all not keen on accepting any settlement relative to the theft case they filed against Johnny. In open court, they told the judge, “madi mi ti bayad, kayat mi dijay lote.”

Johnny thought the judge would dismiss the theft case considering that his adversaries apparently were not interested in settling it, instead they were interested in entering and occupying the frontage portion of the lot, which was entirely a different issue from what they filed in court in the beginning. But for unknown reasons, the case continued. The verdict was a hometown decision in favor of the barrio officials that surprised me, his family and friends. How can one be convicted for a crime he did not do and why should one be convicted of theft for something that was left inside one’s property by another person who had bad intentions? To me, the pile of sand was nothing more than “planted evidence.” Also, it was later found out that the taxdec was applied for by barangay officials in their private capacities but used the barangay as the applicant.

The story does not end there. Worst, the lawyer of Johnny was enticed into engaging in public works construction and the millions of pesos he can profit from it. And so while the lawyer was interested in getting rich quick, something that he cannot attain in lawyering, he accidentally or deliberately forgot to answer the court’s summons. This resulted to a technicality in the theft case where Johnny was given a light penalty. He was sentenced to serve prison for something he did not steal and for engaging the services of a careless lawyer.

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Another life mistrial I was informed of is about the issuance of a title over a tract of land classified as timberland or forestland. What was worst was that the title was issued without the waiver from an indigenous cultural community that actually occupied the land since we do not know when, an indication that the subject land was never public in the first place. Even in the absence of the IPRA (Indigenous Peoples Rights Act), common sense dictates that government cannot issue certificates of titles over lands classified as timberlands or forests, and lands occupied by members of cultural minorities.

But on earth, people do not have equal rights. They are not treated fairly because some have the money and influence, and so they have the means to process land applications – illegally and otherwise.

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Through this space, allow me to congratulate Atty. Robert “Osong” Basco for becoming the latest appointee to the Department of Transportation and Communications - Cordillera Administrative Region (DOTC-CAR) as Assistant Regional Director.

Once upon a time jeepney driver and member of the La Trinidad Jeepney Operators and Drivers Association (LATJODA), the former policeman was appointed last week by Sec. Joseph Emilio Aguinaldo Abaya to help in the operations and administration of the agency. As a lawyer, he was also asked to head the Bids and Awards Committee.  

Prior to his appointment, Atty. Basco who hails from Bokod, Benguet did odd jobs, having served as Kabataang Barangay Federation President of Bokod, worked as a Chainsaw Operator from 1987 to 1988 before he was recruited into the Integrated National Police Field Force (INPFF) in 1990. He also engaged in Alternative Franchising Business.

Basco was assigned to the Baguio City Police Office - Intelligence and Investigation Division from 1990 to 2002. He resigned from the police service after working for a total of 12 years and went into the private practice of law after passing the bar in that year. While in the practice of law, he taught in the college of law of the Cordillera Career and Development College.  

Narigat ti trabaho di ta atorni.Aduproblema. – ozram.666@gmail.com