Sunday, August 14, 2005

Cruz's Column

Separate Opinion : A farewell salute

Isagani Cruz
Inquirer News Service

RAUL Roco and I were not particularly close, but we were more than mere acquaintances. I admired him as a lawyer and public servant, and I hope the feeling was mutual. At any rate, when I learned of his passing last week, I felt I had lost a valued friend.

There are two memories I have that speak well of him and our relationship as lawyers.

When we were still practicing, we found ourselves opposing counsel along with other lawyers in an important case involving the ownership of a bank. I cannot remember the details of the case because my records were burned with my other papers when fire struck our law office in Makati. But I do recall that several now prominent lawyers participated in the case, among them Frank Chavez and Eduardo Ceniza of the SyCip Law Office, Victor Alimurung and Hector Martinez of Siguion Reyna, Montecillo and Ongsiako, Raul Roco and Francis Jardeleza of the Angara Law Office, and I from the Laurel Law Office.

In the exchange of pleadings, I found myself pitted against Raul, who was quite combative. We had a spirited and running debate that sometimes deteriorated into angry exchanges, mostly provoked by my tempestuous adversary. In fact, there was one occasion when I reminded him, using a familiar quotation, that dirt thrown was ground lost. But despite our irreconcilable differences, we remained cordial and civil to each other.

This was not true of Raul's regard for the other lawyers on our side. In fact, there was one time when two lawyers from the opposite parties almost came to blows. This mutual animosity was heightened later when we appeared for oral argument of the case before the Supreme Court. We all came prepared in lawyers' robes but they might as well have been boxers' trunks for we were ready and rarin' to fight. There was tension between the two groups as we waited outside the courtroom for the justices to arrive.

On one side were gathered all the lawyers for the petitioners, including me. On the other side were the lawyers for the respondent led by Raul Roco. Both sides ignored each other except when they exchanged dismissive looks. Raul acted as if none of us existed, even as the lawyers on our side intentionally disregarded him.

Then, to everybody's surprise, including mine, Raul moved to our side and engaged me in casual conversation. He still ignored my companions, but he talked to me as if we were long lost brothers. Of course I was delighted. Among his many opponents, I was the one he chose to extend his camaraderie to as befitted worthy brethren of the bar. I think we gave an example to the other compaƱeros who might have wondered what made their enemy suddenly amicable.

The oral argument did not last long because the justices were in a hurry to take their lunch and soon adjourned the session. The case was later settled by a compromise agreement. But I will remember it with a sense of satisfaction because of Raul's affable conduct.

My other pleasant memory of Raul Roco happened when I had just been appointed to the Supreme Court in 1986 shortly after Edsa I. Many of my former students, who were then already practicing lawyers, were glad that I would be sitting on the highest tribunal and would render a fair judgment on their cases. But one lawyer had another reason for his elation. Not knowing me personally, he thought I would be easy to approach like some of the justices of the former Supreme Court under Marcos. In fact, he openly bragged that he would offer me a financial inducement I could not refuse to decide a case in his favor that was before me as ponente.

That lawyer never proved his impertinence and I was to learn why later. Raul Roco had heard of his boast and immediately summoned him to his office. There the indignant Raul lectured the suddenly abashed lawyer and warned him against his plan to try to bribe me. As reported to me by his office mates, their boss minced no words in upbraiding the culprit and caustically reminded him of his professional oath he was going to besmirch with his corruption. Most of all, he stressed on the now totally subdued offender my reputation as an honest judge and made it quite clear that he would have him disbarred if he persisted in his insolent plan. I could imagine the sufficiently chastened offender retreating in shame from the office, like a dog with his tail between his legs.

I never got to thank Raul for his kindness but I am sure he is hearing me now.

Raul Roco was a worthy man. He was a brilliant lawyer, a conscientious legislator and educator, and a valiant defender of the Constitution. He was the special protector of the common tao and of women in general. Despite the many honors he received in recognition of his high achievements, he remained a simple person faithful to his friends, devoted to his family, and obedient to his God.

I voted for him last year although I knew he was not going to win. I did not know, as I mourn for him now, that I was rendering a farewell salute to an esteemed and cherished friend.