Conversations with a Litigation Lawyer

Being a litigation attorney in the Philippines plays a daunting task especially if one stands against corruption. The first victim of corruption is government revenue. In a developing economy like the Philippines, this can be extremely debilitating. The continuing budgetary deficit of the government results into cutbacks in expenditures for much needed social services.

Transparency International (TI) defines corruption as the misuse of entrusted power for private gain. Based on this definition, corruption occurs when a public official or employee uses his or her power to solicit or extort bribes. This is only one side of corruption, however, other side features private persons, bribing and influencing public officials to gain an undue competitive advantage or profitable government contract. Hence, TI further differentiates between “according to rule” corruption and “against the rule” corruption.

As indicated above, corruption thrives where temptation coexists with permissiveness. Where institutional checks on power are missing, where decision making remains obscure, where civil society is thin on ground, where great inequalities in the distribution of wealth condemn people to live in poverty and injustice, and that is where corrupt practices flourish. In other words, it cannot be stressed enough that corruption is alive and well even where political, economic, legal and social institutions are well entrenched.

The interview aims at knowing and learning how an Arellano Law alumnus stands against corruption in the government and how our interviewee did acquire litigation skills in the court for over 10 years now. It is by this privileged opportunity that as students of Arellano University School of Law, we get to know on how the interviewee has achieved success in his career as a tough litigation lawyer and how he still carries the ideals of the law school where he graduated from to become a crime buster against corruption.

The Arellano University School of Law (AUSL), formerly known as the Arellano Law College, formally opened in 1935, is now placed 10th among top law schools in the country out of over a hundred colleges of law, based on the percentage or passing rate for first time BAR passers in a decade from 1999 to 2009, having achieved a 49.3 percent (49.3%).

The significance of this standing simplifies the premise that AUSL is one of the best training grounds for future litigation lawyers in the country. Hence, it is indeed appropriate that, as law students of the said school, we take pride of the alumni of our law school.

Attorney Voltaire San Pedro is the Legal Officer of Mandaluyong City, a practicing litigation attorney and an alumnus of Arellano Law School. As the Chief Legal Counsel of the City, he takes charge of the Office for Legal Services. He formulates measures for the consideration of the Sangguniang Panlungsod and provides legal assistance and support to the City Mayor in carrying out the delivery of basic services and provisions of adequate facilities. He is at the frontline of protecting human rights and prosecuting any violator thereof.

With his broad legal background with more than ten (10) years of experience in the private sector gaining the necessary exposure in the field of legal profession with emphasis in litigating civil as well as criminal cases. The exercise of his said profession includes a specialized practice in Election and Immigration cases, as well as being a Professor/Lecturer of Administrative Law, Law on Public Officer and Election Law. He also demonstrated experience in managing outside counsel in litigation matters in hundred of cases. A persuasive individual possessing strong negotiating skills, both in oral and written communication skills.

As one of the Senior Partners of the San Pedro San Pedro San Pedro & Associates Law Offices, he represented a diverse group of clients in litigating cases before metropolitan trial courts, regional trial courts, the Sandiganbayan, Administrative boards and Arbitrators. He had likewise attained a great deal of experience in appealing cases before the Court of Appeals and the Supreme Court. He also skillfully handled cases in the field of civil, family, labor, corporate, immigration, election and criminal law. He consistently achieved favorable results for clients involved in criminal suits and civil suits. Hence, he met with clients and developed trial strategy based on clients’ needs and recommendations.

He has a Master of Laws (2000-2002) from the University of Santo Tomas Graduate School (completed all academic units exclusive of the thesis) and Bachelor of Laws (1994-1998) from the Arellano University School of Law.

He has been the President of the Rotary Club of Mandaluyong East, RI District 3800 from 2003-2004; President of the Association of City Legal Officers of the Philippines from 2008-present; Member of the Integrated Bar of the Philippines, Rizal Chapter; Member of the Toast Master’s Club, Makati City; Member of the Jaycees Philippines, Makati Chapter; Member of the Rotary Club Mandaluyong East; Recipient of the 2003-2004 Presidential Citation to “Lend a Hand” of Rotary Club; and Awardee of the 2004 Distinguished Rotary Leadership Award for his outstanding achievement and exceptional leadership and sincere dedication in the performance of his duties as Club President of RY 2003-2004.

Interview

Question: Sir, what is the primary reason why you took up law?

Atty. San Pedro: I was encouraged by my father to become a lawyer. Actually, I and my brother are now lawyers. My first impression of what is a lawyer was when I saw some lawyers at the side of the city hall doing notarial services, from then on, I was actually discouraged.

As a politician my Father is a very good speaker. Everyone is saying that we never came close on how good our Father was as a lawyer. When I was a young lawyer, he gives me advice that you cannot see it in the book, he would even ask so innocent question after which without knowing you already lost the case. That is the only time that law I’ve learned that law is as an art and that’s the only time I understood my Father.

Question: What prompted you to study law at the Arellano Law College?

Atty. San Pedro: I did not start in Arellano. I enrolled two semesters in FEU and my dad pulled me and forced me to enroll in Arellano by coercion. I finished my law school in Arellano. The reason of my father is that there is a high passing rate in Arellano of passing the BAR exams.

Question: Can you tell us some of the inspiring stories and challenges you encountered when you were studying at AUSL?

Atty. San Pedro: Most of my classmates were prominent people and because I am a friendly person, I have a lot of friends like the son of Senator Roco and Congressman Tanuatco. These people are also transferees from other schools from Ateneo and San Beda.

Our group was able to enjoy being law students and we loved law itself while we were students. The importance of studying law is that you have to enjoy it because it is very difficult.

In law school, right friends or group is very important, and you need to build your support. As a group, you need to find ways to support each other and pull each others up, to be able to succeed in law school.

Studying law is like courting with someone. You need to learn how to love it as well as to enjoy everything you do. Originally you don’t like it, but as you go on with the relationship, it becomes stronger that you become more involved with it and you’ll start to love it more. But remember you need to enjoy it. And at the end, get married with the law. You have to enjoy the law, the rule of law and the community in the law profession.

Question: When did you graduate and take the bar exams?

Atty. San Pedro: I graduated in 1998 and took the BAR in 1999. The reason behind was that my Father’s advice to me is to pass the BAR in my first take. Because if you did not pass the first take, the rate of passing it will be lower, so you should make sure that you are ready for it before taking the BAR.

Your approach for the BAR should be scientific. It is not difficult to pass the BAR, it is how you study. You should love it and must be focused about it. I did an advance pre-bar review, while I am in my car, I listen to the recordings of my lecturers and at the same time, when I am at home, and I read the topics the professors have discussed. You have to love it because you will need to understand all the roots of it, the connection and the entirety of the principles, that revolves around it.

I have discovered due to so much passion in law that out of 2276 articles, only 219 provisions in the Civil Code, are repeatedly asked in the bar for the past 20 years. You should know what to eliminate and what to retain but you need also to know the working knowledge of it.

Question: What were the options you had in mind after passing the bar?

Atty. San Pedro: After passing the BAR, I want to earn and be rich. But what I did was I automatically enrolled to the Masters of Civil Law in UST and taught in the undergrad to force myself to study. Because for the first two years after passing the BAR, I felt I am not yet as good as a lawyer. I am a lawyer but I did not have the experience. I practiced in JRU for one year and then transferred to Arellano Law and taught there as well. Since I want to earn as soon as possible, I asked myself what would separate men from boys. By that time, I pursued and completed my masters, because if only few pass the BAR, there are fewer lawyers who take the masters of law.

Question: What field of law do you love or you specialized on for the past 10 years?

Atty. San Pedro: I have handled all branches of law but what I enjoyed most is Criminal Law because it has a lot of actions and is not boring. However, there is really no money in criminal law. If you want money, then get cases which involve those boring subjects, such as commercial law, banking, patent, maritime, and transportation law. Well I really specialized in criminal and civil litigation for the past 10 years.

Question: How did you take the challenge as a litigation lawyer?

Atty. San Pedro: You should have a rebellious attitude and should never stop solving the problem until you are not satisfied with it and have fully understood it. That should also be the attitude of all law students. That you will not stop reading your books until you have fully understood the subject or the book, and you will not sleep until you did not understand it very well.

Every time, you should be passionate or get enraged to take the challenge, and to fight with full gear, there is no room for slacking and fear. Like a dog when you are trying to release him from your bitten arms, the more it gets harder to take out.

As a litigator, until you do not understand up to the fingertips of the case, until you are not confident about your position, and you don’t have the mastery of your case, you should not stop reading and researching on your case.

Question: What is the most important character you need to have when you are starting in litigation?

Atty. San Pedro: As I said a rebellious attitude. In litigation there is a lot of action going on there and there is no room for mistake. In fact in litigation, you go against the judge, you go against the opposing counsel, and even your client. You should always be ready when asked by your client what happened during the last time the case was discussed, and you should always review and read the cases, and the issues of your cases as a litigator.

Question: How does it feel when you won your first case?

Atty. San Pedro: It is like reaching your orgasm, and I am very proud of it. My first case is a drug case and my client even raised me up inside the court because he was overwhelmingly overjoyed, because I knew he was innocent and he knew that no matter what happens, I will protect him.

Question: What is the most important case that you have ever encountered and you literally burned your time, energy, and resources for it?

Atty. San Pedro: A criminal case about drugs, involving his poker. “Nung bata pa ako merong isang mama na kumukha ng kanin baboy sa bahay namin hanggang sa tumanda nako up to naging lawyer nako. Isang araw lumapit siya sakin humingi ng tulong, yung kapatid niya ay na frame –up, nung una di ako naniniwala pero dahil siya yung kumukuha ng kanin baboy samin kinuha ko yung kaso.” (When I was a kid, there was an old man who used to get feeds of pigs in our house until when I grew up and became a lawyer I knew him. One day, he went to me to seek assistance because his brother was framed-up. At first, I did not believe him, but because he was the same person who regularly come to our house to get feeds, I took his brother’s case).

“The brother is a good looking man and nagka girlfriend siya na GRO, tapos yung GRO may nanliligaw din sa kanya na pulis. Eh ayaw ng GRO dun sa pulis and ang ginawa nya hinuli yung lalaki at pinainan ng drugs. That is the greatest case I most enjoyed in and in fact the only payment I received is “saba” every morning. He was convicted in the lower court but was reversed by the CA. The judge was even reprimanded.” (The brother is a good looking man and had a girlfriend who was a GRO. The GRO was also courted by a police officer. But the GRO hesitated to be courted by the police, but the latter retaliated by framing-up her boyfriend with drugs. That is the greatest case I most enjoyed in and in fact the only payment I received was banana every morning. His brother was convicted in the lower court but was reversed by the CA. The judge was even reprimanded.

Question: Are there instances that someone offered you bribery?

Atty. San Pedro: The lawyer is not being offered the bribe, rather it is the client who bribes the opposing side. There is no lawyer that I ever met that directly bribes his co – practitioner.

(To quip he said, “The question is irrelevant together with the succeeding questions related to bribery. The following questions were not impliedly related to bribery being offered to a lawyer, rather the question should have dwelt on, if I ever experienced bribery in the court or that I was being informed that the opposing side is bribing the judge for a favorable decision?”)

Question: Is there any point of time that you think corruption can be advantageous too?

Atty. San Pedro: Corruption is never been an advantage. It should be always in equal footing since it is a wrong doing and an absolute wrong act, thus, no one wins in corruption. Justice is never been accomplished if you used corruption, so therefore, from the start it is should not exist.

Question: Being a lawyer for so long now, what advice can you give to future aspiring lawyers and soon to be litigation practitioners?

Atty. San Pedro: Once you pass the BAR, do not look for money first. It should be, you must immediately improve yourself, enroll yourself to masters, harness your skills for at least two years. It will come to you, “darating at darating ka dyan”, the way you talk and even the way you stand would give you an impression that you are really good. For at least two years, do not focus on looking for money, improve yourself as a lawyer, improve your skills as a lawyer, and you should persevere to have your own art of being a lawyer. Harness your skills as a lawyer, because money will come later.

Group: Thank you very much Atty. San Pedro (Then members of the group had the chance to have picture taking with him. See Attached photos)


The Interview so far brought us to the reality of legal profession. It mirrors how justice prevails when a good lawyer and the legal system conspire for equality and impartiality.

The Interview, in a way, also inspires us law students, especially when the interviewee addressed his advice to us by stating that, “studying law is like courting with someone. You need to learn how to love it as well as to enjoy everything you do. Originally you don’t like it, but as you go on with the relationship, it becomes stronger that you become more involved with it and you’ll start to love it more. But remember you need to enjoy it. And at the end, get married with the law. You have to enjoy the law, the rule of law and the community in the law profession.”

Hence, in a study recent study presented by the Social Weather Station on corruption in the Philippines, it revealed that the adverse effects of corruption manifest in lower levels of human development. The lost of failure to win the battle against corruption translates into lost opportunities for job creation and poverty reduction.

Eyeing on the topic of corruption, Atty. San Pedro quips by saying that, “corruption is never been an advantage. It should be always in equal footing since it is a wrong doing and an absolute wrong act, thus, no one wins in corruption. Justice is never been accomplished if you used corruption, so therefore, from the start it is should not exist.”