MANILA, Philippines – Do not be complicit in injustice.

This was the central message in a 23-minute speech that made Associate Justice Marvic Leonen trend for hours on Twitter, rousing an online audience that seemed hungry for “a glimmer of hope.”

Doubling as an impassioned lecture on climate change, the perils of technology and surveillance, and protecting institutions under attack, Leonen’s keynote address to new lawyers seemed to boost the profession’s morale that had been decreasing in recent years.

Just days before, the Philippine Judges Association came out with a statement defending their ranks from “vicious attacks” after a lower court judge’s decision was slammed by various sectors, including fellow lawyers.

The international community believes that the independence of the Philippine judiciary has been compromised, while human rights lawyers have stood on stages, declaring that there is “lawfare” or a weaponization of laws in the Philippines. 

Law not a license to oppress

Leonen encouraged new lawyers not to use laws to oppress.

“Your oath to the rule of law is not an oath of surrender to the unjust and oppressive elements of the status quo. It is not license to further marginalize those who are disadvantaged, those who are poor, those who are abused by power and untruths,” said Leonen.

He slammed complicity, and told new lawyers to “make the difficult moral and ethical decision” and stand against abuse of power. (PODCAST: Law of Duterte Land: War on the Law Part 1)

The Duterte administration has enjoyed an overwhelming winning streak in the Supreme Court, which have led critics to say that the executive power has gone unchecked.

“Somewhere along the way, convenience takes the form of pragmatic silence. They surrender the choice, to make the difficult moral and ethical decision, all to placate the status quo. They mistake the public interest with debt of gratitude to the elite and the powerful that continue to provide their wealth and create their careers. Expediency overwhelms conscience,” said Leonen.

Leonen is the same justice who does not flinch when criticizing decisions of his fellow justices in the form of his powerful dissents. In the decision to uphold President Rodrigo Duterte’s martial law, for example, Leonen said his colleagues’ decision “enables the rise of an emboldened authoritarian.” (READ: Who voted for Duterte in the Supreme Court?)

In the same dissent two years ago, Leonen said the martial law decision “aligns us towards the same dangerous path” to the Ferdinand Marcos court “that was complicit to the suffering of our people.” (READ: Sereno slams silent Duterte critics as enablers)

“Do not temper principle with pragmatism. Do not hide behind comfortable acquiescence. Do not use comfort in lieu of integrity at critical times. Do not disguise your complicity,” Leonen said in his speech Thursday.

Existential threats

Leonen also noted that “conservative populism is gaining ground worldwide,” and there are “challenges to institutions that gather and speak truth to power.”

As the generation that will carry the brunt of the existential threats to the world – whether it’s a pandemic or a “redefinition of democracy” – Leonen urged the new lawyers to do the “unpopular, dangerous, inconvenient, but right.”

“Our silence, when we fall victim or after we serve as accomplices to corrupt acts of the powerful, is also our own powerful political act. Our silence maintains the status quo. It ensures that others will also be victimized,” Leonen said.

From inside the hallowed halls of a Supreme Court that has shown preference for judicial restraint, Leonen dared quote the slain activist and his friend, Lean Alejandro: “The line of fire is always a place of honor.”

“There is a lot to be done out there,” Leonen said, as lawyers find themselves in the role of pandemic frontliners responding to the legal needs of ordinary Filipinos arrested without warrants for violating quarantine.

Among the new lawyers who watched this speech from their laptop screens at home is Top 1 Mae Diane Azores from Bicol, whose father is a jeepney driver, and who, even before taking the oath, got her hands dirty with legal work, helping Piston drivers who were arrested for protesting the transport ban.

“Be at the frontlines. As a lawyer, resist injustice. Make it your passion to resist injustice,” Leonen said.

After listening to Leonen’s speech, a young netizen tweeted, “There is hope in the justice system.” 

Leonen, who, while famous on Twitter only keeps a lonely company of a few dissenters in the Supreme Court, passed a shared responsibility to the new officers of the court. (READ: During tense political times, unity is Supreme Court’s prime quest)

His voice breaking, Leonen ended his speech: “Be better than us. Walang magpapalaya sa atin kung hindi tayo mismo (No one can free us but ourselves).” – Rappler.com