Roundtable Discussion-ABA
Feb. 23, 2007

LADIES AND GENTLEMEN:

There is much to learn from the great English writer George Bernard Shaw, author of the classic play Pygmalion. The movie “My Fair Lady” was based upon that play. And from the pen of Mr. Shaw flowed these words, and I quote:

“The only man I know who behaves sensibly is my tailor; he takes my
measurements anew each time he sees me. The rest go on with their
old measurements and expect me to fit them.”

I believe we are gathered here today for this roundtable discussion because we want to be sensible like George Bernard Shaw’s tailor.

We would like to take at an aspect of the law and “take its measurements”, so to speak. It seems the collaboration for a thorough discussion of the possibilities concerning Rule 65 of the Rules of Court has come about because of the general sense that “we cannot go on with old measurements”, borrowing Mr. Shaw’s words. There is a sense that there is a need to determine whether or not the old measurements still fit.

The Integrated Bar of the Philippines extends its full support to this endeavor. We share the view of the philosopher Aristotle who underscore in his magnum opus “Politics” that, “Even when laws have been written down, they ought not always to remain unaltered”.

Or, borrowing the insight of a more contemporary personality, film maker Jeff Melvoin who said, “The Law is not so much carved in stone as it is written in water, flowing in and out with the tide”.

I believe our goal is to apply our individual and collective wisdom to the task at hand. Our aim is to contribute our share to the search for answer to a dilemma: whether or not the Rule would provide the remedy and shield the judicial process from those with the penchant to manipulate infirmities and gaps to their undue advantage.

The discussion calls for generosity – our openness to sharing our practical wisdom – that wisdom which Scottish Author Samuel Smiles said “is to learned in the school of experience”.

So, we come here today equipped with both practical wisdom and experience. And one more element needs to be added – our commitment to reform.

I believe the participation of the Integrated Bar of the Philippines in these discussions are vital as they are necessary. After all, it is the lawyer who plans his legal strategy based on the menu of options given him by the Rules of Court. And it is the lawyer who is most prone to the temptation to bend the Rules to suit his client’s purpose.

By involving the legal community in these discussions, therefore, the lawyer’s commitment to the preservation of the integrity, correctness and transparency of the judicial and legal processes is elicited early on.

I thank and congratulate the American Bar Association, as well as the other organizations and sectors represented in the discussions today. Your presence here and your anticipated valuable participation reflect your own commitment to this worthy endeavor.

It is my hope that the final product of these discussions would be a set of recommendations that respond to the intricacies of the times.

And my prayer is that when the members of the Supreme Court read the recommendations, that these words would be uttered by their lips:

“These recommendations, indeed, were made by sensible men”.

Thank you so much and good morning.