Showing posts with label Legal Ethics. Show all posts
Showing posts with label Legal Ethics. Show all posts

Monday, August 11, 2008

What's wrong with the word 'dedma'?

At the first hearing on allegations of impropriety committed by some appellate court justices in their handling of a case involving Meralco, Justice Romeo Callejo berated Court of Appeals Justice Jose Sabio for using the word ‘dedma’ when he described how he felt when he saw Francis de Borja, whom he is accusing of attempting to bribe him with P10 million but who instead accused him of demanding P50 million.

“That is what is so tragic in this case, that justices, in the performance of their duties, use words such as ‘dedma'. “Forget the word dedma,” he said.

Why Justice Callejo was making a big fuss about a magistrate’s use of the word 'dedma' in conversational speech? Is ‘dedma’ a vulgar or bad word? I don’t think it is. Dedma is the attenuated form of the English words dead malice . Dead malice, in turn, is the literal translation of the Tagalog expression, patay malisya. It has been used in the following contexts.

1) To completely ignore/feign ignorance of the existence/presence of someone/something.
2) To snub, reject, or toss in the trash.
3) To pretend deafness or blindness in order to escape a sticky situation.

If the meaning word ‘dedma’ is not vulgar per se, why Callejo expressed disappointment over its usage? The obvious reason is that the word ‘dedma’ is a gay lingo. So what? The colloquial ‘dedma’ is understood in our day-to-day conversations and widely accepted as a familiar usage in informal speech. I do believe the correctness of a usage should not be judged by the social standing or prestige of the speakers who adopted it. Wide acceptance of a colloquial word should be the final arbiter of correctness. The speech of the intellectuals, the court, and the clergy is not the only standard that determines the correctness and propriety of a word. It's not unethical for our judges or justices to use colloquial words or expressions in informal conversations. I see no breach of Legal Ethics here.

Tuesday, December 18, 2007

May a lawyer who has lost his Filipino citizenship and reacquired it still practice law in the Philippines?


Banjamin Dacanay was admitted to the Philippine bar in March 1960. He practiced law until he migrated to Canada in December 1998 to seek medical attention for his ailments. He subsequently applied for Canadian citizenship to avail of Canada’s free medical aid program. His application was approved and he became a Canadian citizen in May 2004. On July 14, 2006, pursuant to Republic Act (RA) 9225 (Citizenship Retention and Re-Acquisition Act of 2003), he reacquired his Philippine citizenship. On that day, he took his oath of allegiance as a Filipino citizen before the Philippine Consulate General in Toronto, Canada. Thereafter, he returned to the Philippines and now intends to resume his law practice.

Given the foregoing, may a lawyer who has lost his Filipino citizenship and reacquired it still practice law in the Philippines?

In B.M. No. 1678 dated 17 December 2007, the Supreme Court answered in affirmative. Said the High Tribunal :

Under RA 9225, if a person intends to practice the legal profession in the Philippines and he reacquires his Filipino citizenship pursuant to its provisions “(he) shall apply with the proper authority for a license or permit to engage in such practice.” Stated otherwise, before a lawyer who reacquires Filipino citizenship pursuant to RA 9225 can resume his law practice, he must first secure from this Court the authority to do so, conditioned on:

(a) the updating and payment in full of the annual membership dues in the IBP;

(b) the payment of professional tax;

(c) the completion of at least 36 credit hours of mandatory continuing legal education; this is specially significant to refresh the applicant/petitioner’s knowledge of Philippine laws and update him of legal developments and

(d) the retaking of the lawyer’s oath which will not only remind him of his duties and responsibilities as a lawyer and as an officer of the Court, but also renew his pledge to maintain allegiance to the Republic of the Philippines.

Compliance with these conditions will restore his good standing as a member of the Philippine bar.