The Client

Since I was assigned as a Public Attorney in Midsayap, North Cotabato in the year 2009, most of the cases I handled were Rape, Murder and Drug-Related.  It was hard to defend especially rape cases when it runs against your conviction.

I am a father of an 8-year old daughter.  Defending the accused of raping their daughters is quite a job.  I have no choice, have I?  It is my job to defend my client at all cost.  No matter what my beliefs are and my conviction is, I would stand for my client.

In defending my clients however, I need to detach myself especially when it comes to emotional department.  Considering that I have hundreds of clients to attend to, to absorb all the emotions my clients confided at me will make my sanity burst and go beyond its threshold level.

When I was transferred here in General Santos City, the more stressing cases are assigned to me because I handled the Family Court.  Thus, cases involving minors and incestuous rapes are lodged in my desk.  Worse is, the number of cases I handled involving rape doubles its number as compared in Midsayap.

My emotional connection with my clients have remained passive except for one.

Late last year, I have a client of a rape case that sounds very familiar.  I inquired from my family here in Gensan the basic information of the said client.  It turned out that he was the kumpadre of my Tatay and as a matter of fact, the two were used to be drinking buddies of a tuba liquor before the accused was charged of.

The client was charged by an 11-year old girl.  Allegedly, the victim was raped when the accused, together with his buddies, was drinking a tuba.  So when they were already drunk, they enticed the victim with a meager amount of 10 pesos for doing the thing.  Fortunately, the beastly act of the accused was seen by some concerned citizen of the place.  Thus, the perpetrators were successfully accosted.

The client was already 80 years when he was arrested.  And not only that he was an octogenarian, he had an advanced pulmonary lung disease also.  So imagine how awkward would it be when I interviewed him with regards to his case without him knowing that I protected myself from the spread of the virus.

When the client was presented in court, I had a hard time communicating with him.  He could hardly talk and walk.  Although he wore mask, you could not be sure that the virus will not spread.  Nevertheless, I did my best in representing him and in defending him.

The accused had an Advanced Pulmonary Tuberculosis.  What aggravated the situation was the accused had only days to live as indicated to his Medical Certificate.  Because the client's family would like to take care their father during his last days in the comfort of their home, I told them to earnestly ask the forgiveness from the victim and her family so as to desist from prosecuting the case.  Although desistance is not allowed in the crime of rape, I took this as an exception because of the special circumstance the accused was into.

After winning the heart of the victim, she executed a desistance with the assistance of her parents.  I then presented the said desistance in court with the attached medical records of the accused.  I appealed to the court that the accused be released on the grounds of the desistance by the complainant and as well as the health condition of the accused.  The accused's health condition was very obvious because he was grasping his breath inside the court.  As expected, the accused  was not released.  The court gave us two hearing days to really verify the interest of the private complainant.  As per our request, the two hearings were scheduled on two consecutive hearing days, those were Monday and Thursday.

When the Monday hearing came, I again moved for the dismissal of the case.  It was again denied by the court, thus, it was reset on Thursday as scheduled.  When it was heard on Thursday, I did not skip from moving the dismissal of the case.  However, instead of dismissing it, the court provided another set of hearing days in the following week.

I told the client to cling a little more because the court might dismiss it in the next scheduled hearing. I gave the hope to the victim's family that we will not stop from moving it dismissed.

I was wearing a big hope when I appeared in court on Monday.  I was having a strong faith that my accused would be released on that day.  When I entered the court room, I looked for the presence of the accused.  I found him not.  Not even his family was present in court.  I asked the jail warden where the accused was.  The warden told him that the accused was already DEAD.

I was not able to speak a thing.  The client has been attacked on Friday morning but declared dead on the spot while on his way to the hospital.

It was the first time that I was involved emotionally with the accused.  It was not because he was a friend of my tatay but I because of his health condition.  I really witnessed that he was dying already. Thus, I tried my best to release him because he was already convicted long time ago by his fate.

When his case was called by the court, I just informed the court that our standing motion to dismiss the case was already moot.  The accused was already dead.  I did not manifest any further.  I then sat and became speechless for a moment.

That was the first time I became emotionally involved with the client.  Although it was hard to invest some emotion, there was no regret.  I did my part.  Perhaps the Lord has better plans than I have.