Tuesday, January 27, 2009


LIFT SUSPENSION ON ALAN PAGUIA

I was sent a copy recently of a 'MOTION TO LIFT SUSPENSION' on lawyer and law professor Alan Paguia, an esteemed friend and somewhat a teacher of mine who, for several years now has suffered from the cruelty and incompetence of then Chief Justice Hilario Davide Jr. by way of an indefinite suspension. Paguia's so-called crime? He simply questioned Davide and his fellow-justices of the Supreme Court on their participation in the big mistake that was EDSA DOS, which the SC could not really come up with a satisfactory reason and explanation. Hence, it was easier to "silence" an upright member of the bar by slapping him with a suspension order. Davide went on to be gifted with an appointment to the United Nations, while the other justices are enjoying their retirement benefits and favors from Malacanang for a job well done. In reality, those who should really be suspended get promoted, and those who really should be rewarded for honesty and hard work and uprightness get to be thrown at the bottom of the food chain. But that is to be expected from a sitting president who never won the hearts and votes of the Filipino people. Both Davide and Arroyo are by far the worst Chief Justice and President our country ever had, and history will never be kind to them, and to the key players of EDSA DOS. With permission from Prof. Paguia, I am re-printing the motion verbatim.



MOTION TO LIFT SUSPENSION

The UNDERSIGNED COUNSEL respectfully avers before the Honorable Court that:

Resolution, dated November 25, 2003

1. Counsel was penalized with INDEFINITE SUSPENSION by the Honorable Court per the Resolution, dated November 25, 2003, the dispositive portion of which reads:

"WHEREFORE, Attorney Alan Paguia is hereby indefinitely suspended from the practice of law, effective upon his receipt hereof, for conduct unbecoming a lawyer and an officer of the Court.
Let copies of this resolution be furnished the Office of the Bar Confidant, the Integrated Bar of the Philippines and all courts of the land through the Office of the Court Administrator.

SO ORDERED."

2. What acts did the movant commit that led to his indefinite suspension? He made several public statements accusing the Justices of the Supreme Court of political partisanship when they swore in Vice President Gloria Arroyo as President, in substitution of President Joseph Estrada, during EDSA II, essentially upon his honest belief that such substitution is unconstitutional, considering the fact that President Estrada was not convicted in the impeachment case before the Senate.

Effects of Suspension

3. From November 25, 2003 up to this writing, more than five (5) years and two (2) months have passed, for the same period of time and running, movant has been effectively deprived of his professional source of livelihood.

4. In spite of his suspension, he continued his personal support for legal aid cases involving indigents, public school teachers, and public interest causes.

5. His suspension has strengthened his belief in the Filipino people, the Rule of Law, due process, equal protection, and the Supreme Court as the final dispenser of justice in this country. It has furthermore strengthened his belief in Almighty God as the ultimate source of justice.

Issue

6. WHETHER THE INDEFINITE SUSPENSION OF COUNSEL SHOULD CONTINUE?

Submission

7. The movant respectfully submits a negative answer.

7-a. The purpose of the suspension is to remind counsel of his duties as a lawyer and an officer of the Court. During the more than five (5) years and two (2) months of suspension, the purpose has been achieved. There appears no more useful purpose to continue his suspension from the practice of law.

7-b. Movant-counsel and his family have suffered enough.

7-c. The imposition of disciplinary measures, such as the subject suspension, is founded, not on the vindictive, but on the preservative principle. Unless his suspension is lifted soon by the Honorable Court, his years of training in the Ateneo Law School, both as student and as professor, his experience as trial lawyer in mostly legal aid cases and public interest causes, and his belief in upholding the Rule of Law regardless of the consequences, may be adversely affected. At 54 years of age, counsel continues to feel morally and professionally committed to help build a just and humane Filipino society.

Prayer

WHEREFORE, It is respectfully prayed that the undersigned counsel's INDEFINITE SUSPENSION from the practice of law be LIFTED.

January 26, 2008


ALAN F. PAGUIA

17 Dr. Lazcano Street
Quezon City

IBP Lifetime Member No. 717
ROA No. 32673

4 comments:

HILLBLOGGER said...

I am a fan of Alan Paguia and hope he can get his license back to practise law.

LCB said...

Hello HB. Indeed, Alan has many fans like us, and he is one of a kind. Unlike many lawyers who play with the law, here is a man who loves the law. the rule of law. it has been a blessing to have known him, to learn from him and to have worked with him. he has a blog (well sort of). it's at: http://tagapagtanggol.com/ .. you may vist or link with it. Cheers!

AdB said...

Thank you for the link LCB!

LCB said...

Your welcome AdB! I do love your site. are u on the facebook network?