Saturday 17 November, 2018
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Atty. Jennie Cabading | Legal Fatigue

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Our nation is legally intoxicated. Legally intoxicated through the inundation of laws, rules, regulations and procedures that lead to absurdity.

The Rules of Court, the so-called bible of trial lawyers and of judges, is not only laden with dragging technicalities but also of the dysfunctional rules in the examination of witnesses from direct examination to cross-examination to re-direct examination to re-direct examination. The whole ceremony can drag on for years, surviving one judge after another, from one lawyer after another – the essence of the witness’s testimony shall have been, in the end, significantly diminished.

Our country’s way of regulating businesses is also engulfed with overwhelming requirements. At times, nobody not even the regulators themselves comprehend the value of these regulations. Just try to imagine the two to three years of overlapping permitting processes that energy companies would have to undergo in order to secure more than a hundred permits, licenses and registrations before they can operate.

Another glaring example is our Government Procurement Law. The President himself once decried that he is already getting pissed-off on how our government procures. Duterte lamented that after a year he assumed office, his promise to buy equipment for military hospitals, such as MRI and CT Scan machines, remained unfulfilled due to the drawn-out process of government procurement.

The realm of marriage cannot also escape the chains of law. To my mind, marriage should be governed more by the laws of love and less on the laws of men. Since miserably, it is the other way around, it is not uncommon to see spouses, who were once enchanted with each other’s caresses, there after wash their dirty linens in public and figuratively, kill one another out in the open like Roman gladiators in the arena of the Coliseum. Why can’t just the law liberate these unfortunate souls?

That, we, the people, would opt to experience real time savagery rather than the civility of according due process and human rights in bringing drug personalities to justice, is the best illustration of legal intoxication. Too much law can definitely kill you.

Though I make a living out of the law, however most of the times, I cannot help but disdain its ludicrousness. Thus, this article is a requiem to legal fatigue.

Instead of passing laws after laws, regulations after regulations and procedure on top of other procedures, our government must concentrate more on abridging, condensing, downsizing and lessening laws, rules, regulations and procedures to effectively and efficiently aid progress, attain justice and most importantly, implant practicality and expeditiousness in all aspects of our pathetic and weary lives.

 

  By: Atty. Jennie Cabading

– Trial lawyer for 8 years and is now into corporate law and business. She placed 4th in the 2007 Bar Examinations.

 

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