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constitutional law, Film paintings photos, messages, News, Uncategorized

Lawyer of the People Romeo T. Capulong

“Human rights stalwart Romy Capulong passes away. September 16, 2012 8:16pm by HS/BM, GMA News

    Caption from gmanews.tv: “In his long and colorful career, human rights champion Romeo Capulong defended notable political figures such as Sen. Benigno Aquino Jr., leftist leaders such as Satur Ocampo, and thousands of the downtrodden, such as Flor Contemplacion, World War II comfort women and the victims of Martial Law. Photo by Charlie Magno,”

      “Human rights lawyer Romeo “Romy” Capulong died Sunday afternoon after a lingering illness and a long and colorful career defending leftist leaders but also the downtrodden likes of Flor Contemplacion and World War II `comfort women’. He was 77.

      “His death was confirmed by Rep. Neri Colmenares, chairman of the National Union of People’s Lawyers, of which Capulong was a co-founder and chairman emeritus.

      “Capulong was counsel on nearly all major human rights cases in the country, including the landmark class action suit against former President Marcos that produced a $2 billion dollar judgment in favor of thousands of victims of the Marcos dictatorship.

       “He was a private prosecutor during the impeachment trial of former President Joseph Estrada, and counsel to such varied clients as the victims of the massive Payatas garbage slide in 2000 and the families in a remote Batangas cove threatened with eviction by a golf course developer.

       “He was a defense lawyer for promiment political personalities Jose Maria Sison, Satur Ocampo, and Crispin Beltran. During peace talks, he was counsel for the negotiating panel of the National Democratic Front, which represented the New People’s Army.

      “ ‘Primacy of the political struggle’

      “In a blog post, Bagong Alyansang Makabayan secretary general Renato Reyes Jr. mourned Capulong’s death, saying Capulong did not live to see the 40th anniversary of the declaration of Martial Law.

       “According to Reyes, Capulong had been confined for some time at the Medical Center Manila.

        “ “Alam kong marami ding kwento ang mga Marcos victims kaugnay ng papel ni RTC (Romeo T. Capulong) sa laban para sa katarungan. Oo nga pala, yung mga migrante, may mga kwento din sila sa naging papel ni RTC sa kaso naman ni Flor Contemplacion. Ang daming kwento talaga,” he wrote.

       “Reyes recalled he met Capulong at the Public Interest Law Center office in Makati some time in the late 1990s, when Reyes needed to consult him on the case of student activists from Lyceum who were facing sanctions from the school administration.

       “ “At the get go, Atty. Capulong clarified that whatever legal tactic that would be employed, that would be secondary to the political movement. He told us of the primacy of the political struggle, that this was the most decisive, and that the legal tactics should serve the political tactics,” he said.

     “Seven-year exile in US

      “Capulong was a member of the 1970 Constitutional Convention. He was jailed upon the declaration of Martial Law. He went into exile in the United States in 1979 where he practiced public interest law until he returned to the Philippines in 1986 after the fall of Marcos. 

       “Towards the end of his life, some called Capulong “judge,” after he served on the International Criminal Tribunal trying war criminals in the former Yugoslavia. — HS/BM, GMA News”

           XXX        XXX     XXX      XXX      XXX

       “Farewell, Atty. Romeo Capulong, beloved people’s lawyer and fighter for national freedom and democracy By: Renato Reyes Jr., secretary general of the Bagong Alyansang Makabayan

      (Linked by gmanews.tv / gmanews.com and published by interkaksyon.com) September 17, 2012 2:15 AM

      “It is with great sadness that we learned today of the passing of people’s lawyer, human rights defender, international jurist and founder of the Public Interest Law Center Atty. Romeo Capulong. He had been confined for some time at the Medical Center Manila. Last August, Beng and I went to the hospital to donate blood as he needed transfusion. We were not able to visit him at the room but his grateful daughter was there to meet us at the blood bank.

      “I first met Atty.Capulong at the Public Interest Law Center office in Makati, sometime in the late 90’s when we needed to consult the case of student activists from Lyceum who were facing sanctions from the school administration.  We were still with Anakbayan at the time. At the get go, Atty. Capulong clarified that whatever legal tactic that would be employed, that would be secondary to the political movement. He told us of the primacy of the political struggle, that this was the most decisive, and that the legal tactics should serve the political tactics.

      “That conversation stuck with me. I was fortunate to get a chance to see up close what he meant, and to appreciate the correctness of his words.

       “Atty. Capulong would provide important legal inputs in the Estrada impeachment, and led the walk out of private prosecutors when the Senate refused to open the second envelope related to the Jose Velarde account.

      “Atty. Capulong would also be visible as a legal counsel for the negotiating panel of the National Democratic Front of the Philippines. He would be present, along with some government officials, during the releases of prisoners of war .

      “Ka Romy would play a leading role in the legal battle for the release of the dropping of the charges of rebellion against the Batasan 6 and other accused. We won that fight and the rebellion raps were dismissed. This paved the way for the release of Ka Crispin Beltran who was still under arrest at the time. The Supreme Court decision junking the sham rebellion raps filed against activists during Gloria Arroyo’s state of emergency in 2006 is a major legal victory for human rights, especially at a time when the regime used the non-bailable crime of rebellion to detain activists.

       “I had the opportunity to see Ka Romy visit Ka Bel at the Philippine Heart Center before the decision came out. Bukod sa lawyer-client, magkumpare yung dalawa. Ka Romy assured Ka Bel of the correctness and necessity of the pursuing the case before the Supreme Court, even if it meant being under hospital arrest for some time. I saw how Ka Bel had full confidence in Ka Romy.

     “I saw Ka Romy stand before the Supreme Court for several hours arguing the case of Ka Satur Ocampo when the later was arrested in 2007 on the trumped up charge of murder. Ka Romy ably answered the queries of the justices as he pointed out that not only were the charges fabricated, they should also be subsumed under the charge of rebellion which Ka Satur at that time was already facing and which the SC had yet to decide. Ka Satur was granted bail as a result of that legal action.

      “Ka Romy would again play a leading role in the legal defense of the  Morong 43 who were arrested in February 2010. It was his idea to bring the case both to the Supreme Court and the Commission on Human Rights. When the writ of habeas corpus was granted, it was Atty. Capulong who stood before the Court of Appeals to argue the case and to condemn the failure of the AFP to bring the detained health workers to court. He stood up to demand that the handcuffs of the detainees be removed while they were in court. He spoke eloquently on how the rights of the 43 health workers were violated from the moment the warrant of arrest was issued up to the time they were arrested and detained without access to counsel, and made to go through a bogus inquest proceeding.

      “Atty. Capulong also spoke before the Commission on Human Rights, then chaired by Leila de Lima, on the violations of the rights of the health workers.

     “There were times when doubts crept in regarding the legal tactics employed by Atty. Capulong. Some though there could be a more convenient and expedient way out. But Ka Romy pointed out that what appeared convenient or expedient at first would turn out to be more problematic in the end. During the struggle to free the Morong 43, there was a suggestion to explore the possibility of the detainees posting bail. Posting bail however would mean going through arraignment and thereby legitimizing the illegal proceedings that the health workers were subjected to in the first place. It would eventually compound the problems of the detainees. Ka Romy pointed out that we should give primacy to the efforts with the Supreme Court and the ongoing DOJ review. He explained to the detainees the need for patience, for determination, and for the intensification of the political struggle, even as the lawyers pursued the agreed upon legal tactics. But he never imposed his views on the detainees. Bail was a matter of right after all. He presented the two sides of the story and  asked his clients to decide based on the presentation.

      “He was proven right though. The health workers were released on the strength of the mass movement after the DOJ concluded its review and withdrew the cases filed against the Morong 43. He was right that the health workers not go through arraignment. He was right in pointing out the primacy of the political struggle even as he upheld the correct legal tactics.

      “During these times of doubt, he himself would go to Bicutan and explain to the detainees of why such was the tactic employed and its relation with the political struggle. But before he started with the legal briefing, he would first make a self-criticism on why he and other lawyers could not visit the detainees as frequent as possible.  Such was the humility of the man.

      “I last spoke with Atty. Capulong, on the phone, during the impeachment of Chief Justice Renato Corona.  He gave important tips on what the mass movement can do in relation to the Senate trial. “Di tayo pwedeng bumitiw dyan,” he told me. He also correctly predicted that the Supreme Court would not allow the opening of the Corona dollar accounts and that the Senate would not defy the Supreme Court on this. He told me of the influential forces such as the big banks, the big business interests embroiled in the Senate trial as well as foreign interests that would be affected.

      “Madami pa akong pwedeng maikwento tungkol sa abogadong ang tawag ng marami ay RTC. Nagmartsa din sya nung panahon ng CPR ni GMA. Laman din sya ng kalsada sa maraming mahalagang pagkilos. Sigurado akong marami ding kwento kaugnay ng mahalagang papel niya sa usapang pangkapayapaan.

      “Pag si RTC ang humawak ng kaso, parang kagyat na panatag ang loob ko. Ang dami na nyang dinaanan, at nakitang pakikibakang legal, at pag nagsalita sya, sigurado sya sa sinasabi nya.

       “Sayang, hindi na rin sya umabot sa 40th anniversary ng Martial Law sa September 21. Alam kong marami ding kwento ang mga Marcos victims kaugnay ng papel ni RTC sa laban para sa katarungan. Oo nga pala, yung mga migrante, may mga kwento din sila sa naging papel ni RTC sa kaso naman ni Flor Contemplacion. Ang daming kwento talaga.

        “Sa mga bago at nakababatang abogado ngayon, mainam na makilala nyo sa Atty. Romeo Capulong, abogadong naglinkgod sa bayan hanggang sa huli. Napakahusay na huwaran para sa mga future lawyers.

      “To RTC, our most militant salute, and most heartfelt appreciation. Salamat, Sir. Isang, karanganlang makilala at makasama kayo. We honor you by carrying on with the unfinished struggle, until victory.”                                                                                                                   ****************

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embargo, Uncategorized

Sugar. Written by Student # 3


Flegel, Georg. Still-Life with Bread and Confectionary. Oil on wood, 21,7 x 17 cm Städelsches Kunstinstitut, Frankfurt. Downloaded with express permission from the Web Gallery of Art at http://www.wga.hu from site admin Emil Kren, Ph.D.. Many thanks.

On advertorials. Written by student number3 Media Monitor Entry 3, Student #3 (04-13939). Unedited by blog admin

Quote “In last Wednesday’s (February 20, 2008 ) issue of the Philippine Star, on no less than the front page itself, is a covertly posted advertorial posing as a news item. Coupled with stories of today’s critical issues, from the latest on the ZTE Scandal to the FBI investigation of Dulmatin’s supposed death, and right under the headline of Fidel Castro’s resignation is the headline “HUNDREDS ZEROED AS COCA-COLA LAUNCHES ITS NEWEST PRODUCT”. (sic, indicate if caps supplied – blog admin)This, as it was shamelessly (and no doubt expensively) guised (sic) by Coca-Cola’s PR agents, may of course seem like another important headline of the day to the untrained eye, given of course the unassuming eye of students of journalism, its (sic) is obvious that the Philippine Star has committed another act of completely selling out and of going against the code of ethics media practitioners are bound to follow (sic).

Quote “I know this particular example refers to print media, but I will cite a clause from the KBP, seeing it applicable to the issue tackled by this piece. According to the 5th section of the KBP Code, the one particularly on advertising and advertorials, “commercials in the guise of news” should not be allowed. Applying it to this particular “front page story”, having a headline of an advertorial about a Coke product in the front page of The Philippine Star, is an obvious violation of the ethical principles of journalism. 2008/02/25 at 11:05 AM” closed-quote.

Criminal law, Rules of Court, Uncategorized

“Lawyers, Jails, & the Law’s Fake Bargains” by Michael Tigar, excerpts, part2

 

Aachen, Hans von. Allegory. 1598. Oil on copper, 56 x 47 cm. Alte Pinakothek, Munich. Downloaded with express permission from the Web Gallery of Art at http://www.wga.hu from site admin Emil Kren, Ph.D.. Many thanks.

“Lawyers, Jails, and the Law’s Fake Bargains” by Michael  Tigar,  published by the Monthly Review at www.monthlyreview.org/lawrise

            (excerpts from the 15-page article, second instalment, apologies from the blog admin for the excerpted version, blog viewers have a short attention span. )        

        (Michael Tigar is an American University Washington College of  Law Professor  (Constitutional Law; Supreme Court; French legal system; criminal law and procedure; human rights); ; one of the most renowned lawyers in the United States. He has argued seven cases before the U.S. Supreme Court and more than 100 appellate cases; written extensively about litigation, aspects of trial practice, criminal law, the death penalty, and the role of the criminal defense lawyer. His books include Fighting Injustice (ABA, 2002); Federal Appeals: Jurisdiction and Practice; and Examining Witnesses.  Throughout his career, Tigar has been active in pro bono cases, the American Bar Association, continuing legal education programs, and international human rights. During the apartheid period, he went to South Africa to train black lawyers. Prior to joining AU, Tigar served as a professor at the University of Texas Law School)

        Quote “In addition, there are dozens of communities where defendants may be held without bail for weeks at a time, due to crowded court dockets. Because a poor person cannot post cash bond, he or she stays in jail. The racial disparity in arrest patterns is then compounded by the disparity between rich and poor. In these communities, it is often the practice not to appoint counsel until the defendant appears in court after the long delay. By this device, the accused is kept in jail for want of a lawyer to move for low bail or release on personal recognizance. The social consequences of this system are that the jailed accused, though presumed innocent, loses whatever employment he or she may have had, and risks a breakdown in family and community ties.

          Quote “True, the constitution formally guarantees effective assistance of counsel. This ought to be, and could be if properly interpreted, a mechanism for ensuring that the contract between counsel and accused reflects the client’s desires and interests. Not so.

              Quote “In the world of commerce, when a wealthy person hires a lawyer, the lawyer is required to communicate with the client and to provide zealous and diligent representation. If the legal issues involved are complex or specialized, the lawyer must warn the client if he or she lacks the training and experience that may be required. The contract in this setting is dictated by the client’s expressed goals, and the rules of legal ethics operate predominantly to require that the lawyer diligently and skilfully  fulfill the bargain. The legal ethics do, however, require that the lawyer not assist the client in wrongdoing. In the main, however, the state through its courts and agencies supports the fulfillment of the wealthy client’s desires and goals.

           Quote “In sharp contrast, the relationship between the indigent accused and appointed counsel is governed by loose and discretionary standards. In reviewing a case to determine whether counsel was ineffective, the courts give wide latitude to so-called tactical decisions, including decisions not to investigate possible defenses, to refrain from cross-examining witnesses, and to make only token arguments to the jury. As the Supreme Court has said, “judicial scrutiny of counsel’s performance must be highly deferential.” “Deferential” to what? To the lawyer’s decision to do less than might be done or than the client would wish.

 XXXXXX

        Quote “This brings us to the contract that is related to that between the appointed lawyer and the client, and that is the plea bargain. A defendant is charged. The appointed lawyer points out that he could remain in jail and wait for trial, probably be convicted, and then spend significant jail time. On the other hand, a guilty plea would probably result in a lesser sentence, and for minor crimes release for “time already served.” The lawyer, because of the nature of his “contract” with the client, is of course in a position to make the dark side of this dream come true, for his indifference and inattention would make conviction quite likely if the case were to be tried.

               Quote “Thus begins a typical scenario in the 90 percent of all criminal cases that end in a plea bargain. The “contract” between the accused and the state follows a ritual form. The accused is asked if he understands the charges. At the lawyer’s prodding he says yes. He is asked if he wishes to waive a trial, and all the rights to summon and cross-examine witnesses that would be involved in a trial. The accused, often sensing that he has no realistic choice, says yes. The judge then seals the bargain and imposes sentence.

          Quote “What’s wrong with this picture? Two main things: the purported consent is unreal, and the accused is not truly informed of the rights he is forfeiting. Recently, prosecutors have added a third dimension to the unfairness by seeking waivers of the right to appeal.

 XXXXXXXXXX

      Quote “The newer wrinkle in all of this is the by-now routine  prosecution insistence that the defendant, as part of the bargain, affirmatively promise never to challenge the plea bargain as unfair. In ordinary commerce, this would be like buying a car after a strong sales pitch, and under pressure to purchase, and being forced to agree that you could not bring the car back to the dealer even if it was lethally unsafe. Some appellate courts are questioning the validity of such agreements, but they often, and perhaps mostly, are upheld.

        Quote “So we are shovelling people into the prisons at this enormous rate. The root causes are no doubt overcriminalization and racially-biased police and prosecution decisions. But the twin and phony contracts between lawyer and client and between client and the state gravely weaken the ostensible constitutional provisions that are designed to provide review and remedy for those sorts of abuses. XXXXX

      XXXXXX” closed-quote.

(second of three excerpted instalments)