The Role of Filipino Lawyers in Protecting and Promoting Human Rights in the Country

I. Introduction

    This is a brief study about Human Rights and the role of the legal profession in upholding the same. It answers the question: “What is the role of the Filipino lawyers in protecting and promoting human rights in a country where authorities disregard due process, and abuse their limited powers?” And explains why the practice of law is necessary in protecting and promoting the fundamental rights of the people.

II.

Human Rights in a Nutshell

    Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights refer to those rights which pertain to all persons and are possessed by every individual because they are human.

    In the case of Simon, Jr. v. Commission on Human Rights, G.R. No. 100150, January 5, 1994, the Supreme Court said that:

“The Universal Declaration of Human Rights, or more specifically, the International Covenant on Economic, Social and Cultural Rights and International Covenant on Civil and Political Rights, suggests that the scope of human rights can be understood to include those that relate to an individual’s social, economic, cultural, political and civil relations. It thus seems to closely identify the term to the universally accepted traits and attributes of an individual, along with what is generally considered to be his inherent and inalienable rights, encompassing almost all aspects of life.”

    Human rights, despite being inherent, are also enshrined in the Constitution. The fundamental law also provides for the idea of human dignity as related to human rights, as seen in Article II, Section 11, to wit:

    “The State values the dignity of every human person and guarantees full respect for human rights”

    The Universal Declaration of Human Rights enshrines the principles of equality, presumption of innocence, the right to a fair and public hearing by an independent and impartial tribunal, and all the guarantees necessary for the defence of everyone charged with a penal offence.

    The Bill of Rights generally provides protection to the people's fundamental rights, such as right to life, against government's abuse of power. But, to protect such rights, individuals in a society must necessarily agree to accept rules from legitimate authority in exchange for security, economic advantage, and peaceful society.

III.

The Problem in the System

    People living in a society have fundamental rights. Though to enjoy these rights, they should necessarily obey the laws and follow the rules in their society. Laws define and give limits to the powers of the government. One of the government's primary mandate is to protect the people.

    However, in the Philippines, many authorities disregard due process, and disrespect the people's right to life. Extrajudicial killings spread across the country like wild fire, and the sad thing is that the government turns its blind eye.

    In a system that is corrupted with authorities and leaders who abuse their powers, who shall help maintain the balance between the right of the people and the powers of the government? In a country where due process is taken for granted, who shall uphold justice and fair play? to Who shall champion the persons whose rights are oppressed by the government? Who shall protect the human rights?

III.

The Legal Profession

    The origin of legal profession can be traced from Greece and Rome. Then, in Athens, there was a rule that individuals should plead their own cases. But this practice was eventually changed by the increasing need of the people who ask for help from their knowledgeable friends and relatives.

    In the Philippines, The Supreme Court held in the case of Cayetano v. Monsod, G.R. No. 100113 (1991) that “the practice of law is any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. It is to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill.”

    The practice of law is a privilege. There are duties and responsibilities imposed by law, that must be fulfilled. One of which is the duty to maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines, as provided by the Code of Professional Responsibility.

    A lawyer is, first and foremost, an officer of the court. Accordingly, should there be a conflict between his duty to his client and that to the court, he should resolve the conflict against the former and in favor of the latter, his primary responsibility being to uphold the cause of justice [Cobb Perez v. Lantin, G.R. L-22320 (1968)].

    A lawyer must be a disciple of truth. While a lawyer has the solemn duty to defend his client’s cause, his conduct must never be at the expense of truth. [Young v. Batuegas, A.C. 5379 (2003)].

    It should be stressed that the primary consideration must be public service. Lawyering is not a business; it is a profession in which duty to public service, not money, is the primary consideration (Burbe v. Magulta, A. C. 99-634). Thus, lawyers primary consideration in entering the law profession must be to help those who are in need of legal service.

    Also, according to the Supreme Court in the case of Aguirre v. Rana, B.M. 1036 (2003), “the practice of law is a privilege bestowed only to those who are morally fit. A bar candidate who is morally unfit cannot practice law even if he passes the bar examinations.”

    One of the Requisites for the practice of law is for the lawyer to have a Good moral character and no charges involving moral turpitude. The purposes for this requirement is to protect the public, as held in Dantes v. Dantes, A.C. 6486 (2004).

IV.

The Role of the Filipino Lawyers in Protecting and Promoting Human Rights in the Country

    The legal system affects our society in many ways, and lawyers contribute to the growth and freedom of society.

    Lawyers perform a critical role in the promotion of human rights, and social order by the proper administration of due process. They represent persons in trials, and promote justice. They keep a role that only a few have the advantage and privilege to take.

    In a way, attorneys give people security to pursue their life goals knowing someone will have their back and defend them if they need it. Without lawyers, people who don't know their rights are more to be taken advantage of by the people who hold and cling to power. They provide legal counsel to victims of human rights violations, and help guarantee a fair trial in court. They accept the challenge and danger in the profession, despite their primary consideration being public service, and not money.

    Filipino lawyers also have the role to teach the next generation of lawyers not only the knowledge in law and jurisprudence, but also how to practice the same in real life. They must spread the perspective of practicing law with excellence, and honesty.

    In light of the foregoing, it may be concluded that the purpose of the legal profession is to uphold the laws of the land, and one of the major role of the Filipino lawyers is to fight for the rights of the people, and represent them in court.

    Lawyers must be vigilant in protecting the Constitution and must not act passively in fighting for the rights of the people. They are the sword and shield of justice that help maintain the balance between the rights of the people and the powers of the government. They must frown upon the face of corruption, tyranny, and bad government, and must demand for the enforcement and application of due process.

    With all said, the Filipino lawyers must always be on the side of justice and truth. They are the people who are equipped with the necessary skills and knowledge to champion the people who are incapable of defending their rights, and to protect them from injustice. They are selected to support the constitution, serve the public, and uphold the cause of justice.