Misconception on lawyers

By: Atty. Ruphil F. Bañoc October 20,2016 - 08:09 PM

 

OPINION

When I heard the news that Atty. Jonnah John Ungab, vice mayor of Ronda, Cebu, is among those charged and labeled as drug protector of alleged drug lord Kerwin Espinosa, I instantly remembered my experience being a client protected by my lawyer in court, and being a lawyer defending my client.

First, I experienced being a client when I was then connected with Bombo Radyo and I was indicted for 18 counts of libel, some of which cases I was with my colleagues Gerry Auxillo and Jojo Solante. I am now with dyHP RMN Cebu.

Although it was our previous employer who paid the legal fees of our lawyer, the late Bernardito Florido, I still felt thankful and indebted that he religiously defended us in court. Such feeling is incapable of monetary consideration that I would have wanted to give more if I had the money. I was not a lawyer yet at that time, but that prompted me to enroll at the University of San Carlos College of Law while working as a broadcaster at the same time.

Second, after passing the bar, I was unable to take my oath immediately because of the pending libel cases. No regrets. That was the price of defending freedom of speech and expression.

Right after taking my oath, I joined the Dalawampu Law Office. That was the time I experienced defending our clients in court; and because my mentor, the fiery and brilliant Atty. Gloria Dalawampu, was handling many cases, I was able to maximize my practice.

My first appearance and cross-examination in court was on a drug case, which our law office handled. Atty. Dalawampu trained me on the techniques of cross-examination, which I had to do in the following day. I was so excited and prepared the whole night for such a task.

When I was on my own after resigning with great sense of gratitude from the abovementioned law office, I still handled drug cases. One was on my former colleague in the media who became a policeman but later on charged for a drug case, and the other one was on a brother of my friend.

I gave my best to defend my clients, but I withdrew later on as counsel for my police client because at that time, I experienced simultaneous work pressure in the radio station that I manage. As to the other one, I successfully defended it, and I felt a different sense of fulfillment. That was the last drug-related case that I handled.

I would like to emphasize that I am against — no, I abhor illegal drugs. In court, I presented substantial arguments and delivered them convincingly to protect the rights of my clients. There was natural closeness over time that I established with my clients, but it was purely professional dealings.

What many people forget is that lawyers are duty bound to defend their clients.
On the part of Atty. Ungab, he admitted that he handled the annulment case of Kerwin Espinosa. He also handled the drug cases against the latter. In return for his services, he accepted money as a professional fee. He said the relationship is limited only to lawyer-client.

So far, the returned checks with the huge amount under the name of Ungab as payee may not be enough evidence as it may have been his agreement with Kerwin, or his client may have been too generous to give him more when he successfully handled his cases.

The Supreme Court said that a lawyer is entitled to collect attorney’s fees for as long as the amount is reasonable and commensurate to the service rendered. (Lacson vs. Reyes, 182 SCRA 729). Whether the fees given to Ungab are reasonable and commensurate to the services he rendered, only Ungab knows.

In short, the police still have lot of things to do to prove that Ungab is not just lawyering but also going beyond the ethics of his profession. Until after the police can gather additional evidences and collaborating testimonies, the label “drug protector” remains unsubstantiated.

However, now that government, through President Rody Duterte, seriously launches war against drugs, I suggest that my brothers in the legal profession, who at the same time are elected government officials like Ungab, should carefully consider next time in accepting drug-related and high-profile cases to avoid misconception.

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TAGS: illegal drugs, Kerwin Espinosa

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