Column

Why are they killing our lawyers?

In broad daylight, lawyer Sitti Gilda Mahinay-Sapie and her husband Muhaimen Mohammad Sapie were killed in Solariega, Brgy. Talomo, Davao City on Wednesday, July 14. A closed-circuit television video is now circulating in social media showing the couple while conversing with some visitors outside of their residence. Shortly after, Atty. Sapie sank to her knees without anyone pointing a gun at her. When her husband approaches, he was also shot from a distance. Authorities rushed the two victims to Southern Philippines Medical Center but both had expired. Responding to the incident, the Integrated Bar of the Philippines has condemned the killings and called on authorities to protect lawyers and allow them to practice their profession without the fear of attacks. Sadly, another public servant and pro bono lawyer adds to the names of slain legal professionals. 

From 1977 to 2021, at least 110 lawyers, judges, and prosecutors were killed in the country. According to current tally derived from the Supreme Court, Department of Justice, Free Legal Assistance Group, National Union of Peoples’ Lawyers, and Rappler, at least seven lawyers were killed during Marcos’ administration; Corazon Aquino (9); Ramos (none); Estrada (2); Arroyo (22); Benigno Aquino (9); and 61 were killed under the administration of current President Rodrigo Duterte.

Amidst the public clamor and established mechanisms to protect lawyers, why are they still vulnerable to threats and intimidation?

Maybe because of the country’s state of impunity. Dr. Florangel Rosario Braid, in a Manila Bulletin opinion article, shared their book entitled “Crimes and Unpunishment, The Killing of Filipino Journalists”, which presented levels of analyses of the country’s state of impunity, including its causes, manifestations, and implications. On the book, Dr. Michael Tan discussed that impunity can be structural (where structures only serve the abusers of powers), strategic (where laws and regulations are used to derail legal processes), and political or psychological (where political options are restricted through manipulation of fear). Also, Law Dean Jose Manuel Diokno, also notably examined impunity as an act of cooptation of three important institutions – law enforcement, prosecution, and the courts. Impunity, he said, is a result of “failure by the state to meet its obligations – to investigate, and to take appropriate action.” 

Maybe because of the country’s unequal power relations. Like journalists, lawyers are also purveyors and gatekeepers of truth. Atty. Lorna Patajo-Katipunan, in one of her Business Mirror opinion articles, highlighted that being an “attorney is not only a title – it is a responsibility. She also noted that lawyers are expected to embody qualities of “truth speaking, of a high sense of honor, of granite discretion, of the strictest observance of fiduciary responsibility…” But the threats of misinformation and disinformation make it more difficult for lawyers to seek and uphold the truth. The country, unfortunately, is losing against those who have the power to control and manipulate the truth.

Whatever the reason, Atty. Sapie’s death is another wake up call for us to strengthen current mechanisms that protect our lawyers and other legal professionals. To achieve reform and justice, we need to make the perpetrators of abuse and killings accountable; we need to establish more safe spaces for lawyers to practice their profession; and we need to involve the entire society to examine how evil acts turn into a culture of impunity that pushes people to undermine respect, human dignity, and life.