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.