This story
was taken from Bulatlat, the Philippines's alternative weekly
newsmagazine (www.bulatlat.com, www.bulatlat.net, www.bulatlat.org).
Vol. V, No. 13, May 8-14, 2005
High Court Bans Lawyer of the Poor Indefinitely
A 74-year-old-lawyer has been
championing the poor’s cause in their conflict with landlords and
powers-that-be. For questioning the Supreme Court’s decision in favor of San
Miguel Corporation, he was banned from law practice by the high tribunal
indefinitely.
By Karl G. Ombion BACOLOD CITY – Lawyer
Francisco Cruz, 74, married, a native of Morong town, Bataan (47 kms north of
Manila), was due to retire in a year. But instead of getting all the honors and
benefits he deserves for defending the poor and fighting alleged irregularities
in high court in all his life as a lawyer, he was ordered by the Supreme Court
(SC) under “indefinite suspension.” And all because he accused the SC justices
of corruption. The old but still feisty
lawyer received a nine-page resolution of the SC last April 21. The en bank
resolution, signed only by the Clerk of Court Luzviminda Puno, stated that Cruz
“had been found guilty of both direct contempt of court and gross misconduct as
an officer of the court and member of the Bar, and prohibited from practicing
law until otherwise ordered by the Court.” The high court justices
said that they had to invoke their “plenary disciplinary authority” against Cruz
for claiming that “there is a lot of corruption around involving justices.” The high tribunal’s action
stemmed from Cruz’s alleged stinging reactions to the court’s handling of the
case of his clients. First, he expressed doubts in the authenticity of the SC en
banc resolution of April 5, 2005 penalizing him for his alleged misconduct. The
resolution, he had said, did not bear the signatures of the justices. Then he
accused the high court of “desecrating legal and jurisprudential norms” for
upholding the Court of Appeals (CA) reversal of the lower court decision
dismissing the complaint of Robert Ang against his clients. Fighting
a corporate giant Cruz was a lawyer for six
petitioners in a case of compliance of lease purchase agreement filed by Ramon
Ang of San Miguel Corporation (SMC) with the La Carlota Regional Trial Court (RTC)
sometime in mid-1990s. The six petitioners apparently received farm tractors on
lease purchase from SMC chair Eduardo “Danding” Cojuangco, Jr. for supporting
him in his presidential bid. The petitioners however returned the equipment
after finding that they were not in good condition. But the RTC dismissed Ang’s
complaint including his two motions for reconsideration. In 2001, the CA
reversed the lower court’s decision. Irritated by what he thought was
“irregular,” Cruz filed a review on certiorari on Sept. 15, 2003 and another
motion for reconsideration on Jan. 12, 2004 with the SC. But the high court
denied both motions, asserting “no reversible error had been committed by the
Court of Appeals.” This prompted the old
lawyer to file two separate pleadings entitled “A Lawyer’s Query” and “A
Practicing Lawyer’s Plaint” in 2004 where he complained against the SC’s
“desecration of legal and jurisprudential norms.” Changing
the rules In his plaint, Cruz
questioned the rules of procedures used by the two high courts. He also
questioned the giving of due course by the CA without notice of hearing in
violation, he said, of the Rules of Court. He expressed confusion why this and
all other violations had been glossed over by the SC. He asked whether the
“rules of court (were) changed to accommodate the San Miguel mogul.” He lamented that while he
was expecting the SC to respond to his queries and charges in his two pleadings
he was instead handed down an indefinite suspension. A lawyer
of the poor and exploited A graduate of the UP
College of Law, Cruz passed the Bar in 1955. Barely four years as legal
researcher at the Senate, Cruz moved to Bacolod City, where he became the
manager-legal counsel of the Luzon Surety Company Inc. It was also in Negros
that he married a Bacolena. In Negros, Cruz was touched
by the deplorable conditions of the sugar workers, inequality and injustice in
the province. Convinced that something should be done for the alleviation of the
poor and the correction of social injustice, Cruz saw the Church, which was
active then in various social actions, as an effective venue to render services
to the poor. In 1969 he volunteered as
legal counsel of the Social Action Center (SAC) of the Diocese of Bacolod. It
was through the SAC where he was remolded and embraced the plight, struggles and
aspirations of the poor, especially the sugar workers. He got entangled with big
landlords, private armed goons, and the military as he gave legal services pro
bono to poor farmers and sugar workers. Aside from his work in the
diocese, Cruz also became active in various humanitarian civic clubs and the
cause-oriented organizations, such as the National Alliance for Justice, Freedom
and Democracy (NAFJD), Justice for Aquino and Justice for All Movement (JAJA),
Kaakbay, Bayan and human rights organizations. He became the first coordinator
of the Free Legal Assistance Group (Flag) in Negros, and later as its
vice-chairman for Visayas. His commitment and
dedication for social justice earned him, among others, commendation by Judge
Segundino Chua to the Integrated Bar of the Philippines; the St. Sylvester’s
Papal Award for meritorious act in 1985; and the Aurora Aragon Quezon Award for
Peace Advocacy and Peace Making in 1997. Reacting to the SC order of
suspension, Bishop Vicente Navarra, the clerics and staff of the Diocese of
Bacolod expressed shock, saying how can it be done to “a good man, who has
faithfully served indigent clients not just for free but even spent his own
resources for travel, food and other expenses.” A SAC staffer who has been
assisting Cruz for years said, “The suspension of Cruz is a big loss to us,
especially the thousands of our people in basic Christian communities who have
availed of his free and good legal assistance.” Badge of
Honor Archie Baribar, Cruz’s long
time colleague in Flag and in the Civil Liberties Movement (CLM), said that the
SC action is “understandable, but by all means, it is tantamount to slaying the
champion of the poor and exploited, and therefore depriving them of the most
sincere and courageous service they could get from a lawyer.” Integrity, dedication and
sacrifice for the poor, no matter what the price, is Frankie’s badge of honor,
Baribar added. Another CLM member, veteran
human rights lawyer Rolando Villamor said: “Cruz has just demonstrated his
firmness and consistency in fighting for the cause of the poor and the
oppressed, no matter who is hit. If he had had fought fiercely the martial law
regime of the late dictator Ferdinand Marcos, there’s no reason why he should
remain complacent and silent over irregularities in the state courts.” No use
for appeal Despite the expressions of
shock and protest, Cruz has remained calm. “I am not angry, nor sad. I am not
ashamed either. I just wanted to prove my point to them (SC) and the public.
Which I did, and I am happy about that,” he said. Asked if he would appeal
the order before the same high court, Cruz told Bulatlat that he is
reluctant, saying “There’s no use for appeal, because I know it will not
succeed. …Their power is overwhelming. I will just work outside the court.” “It is time to consider
retiring from the practice of law,” he also said. Bulatlat © 2004 Bulatlat
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