Justice is Divine

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    I write this piece as a private practicing lawyer in Pampanga for more than 15 years. Specifically, this is based on my professional experiences with the Regional Trial Court Branch 41, City of San Fernando, presided by the Honorable Executive Judge Divina Luz Simbulan.

    Yes, she is the judge charged by the detained real estate magnate Delfin Lee before the Office of the Court Administrator with usurpation of authority, abuse of power, and corruption. The charges of Lee came after EJ Simbulan requested Lee’s transfer from the present Pampanga Provincial Jail to a district jail in Telabastagan, of this city, accusing Lee of special treatment in the provincial jail.

    I am not writing this to dwell into the details of the accusations and charges between Lee and EJ Simbulan. It is up to the proper jurisdiction to look and decide into those issues. I do not know Lee, not having met him in my life. But I know EJ Simbulan and her court, having attended the hearings of some of my cases in her sala, and of course, the accreditation of Punto! in the Regional Trial Court. Beyond that, I do not know her.

    “NO FOLLOW UP”. This is the strict notice that you can read when you approach the entrance of Branch 41. And this is true. EJ Simbulan has been more than very efficient in disposing cases filed in her court. In Petition for Issuance of Owner’s Duplicate of Lost Titles, she releases the Decision after the first hearing. What the other courts decide in 3 months to one year on petitions of this nature, EJ Simbulan decides in a month from filing.

    She also decides motions and cases, criminal or civil, with dispatch and lawyers gave her a monicker Speedy Judge on this aspect. Before I even think about the status of my case or the motion I filed, here come the resolutions from the mail. I have two or three experiences during the hearing of the motion that I filed.

    After the lawyers manifested that there were no other arguments on the motion/comment, EJ Simbulan would not make an order submitting the motion for resolution. She would resolve it right then and there, asking the parties to wait for the signed order. Is this not amazing. Well, yes, specially to the winning lawyer.

    She is also very much dedicated to her advocacy for alternative dispute resolutions to settle civil cases. Once the case undergoes Judicial Dispute Resolution before her, rest assured that she can convince conflicting and warring parties to settle the case amicably.

    using her own skills and art in mediation. She is a regular speaker and resource person of the Philippine Judicial Academy when it comes to mediation and judicial dispute resolutions, training judges, lawyers and mediators on these effective tools of case settlement without undergoing the rigors and expenses of a full blown trial.

    She hates lawyers and litigants who are lat in hearings. If your case is set at 8:30 in the morning, you have to be there by that time. Or else, you will suffer the consequences of your tardiness. I myself love her for this policy as I can attend to my other tasks on schedule.

    Litigants also appreciate that they do not need to wait at all for hearing to start.

    Her staff are very efficient, from the Utility Worker to the Acting Branch Clerk of Court.

    They will inform you immediately if hearings will be postponed and will ask about your next available calendar and time. This would indeed save so much time and money for lawyers and litigants as we do not need to go to court anymore. Orders and resolutions are released and mailed to lawyers on time, too.

    My balls are on my neck. This is what I feel everytime I attend hearing in her sala. Of course, every lawyer must be prepared, must know the facts of his case, must be able to answer her questions. Or else, you would suffer in shame from EJ Simbulan, and yes, in open court at that with your clients listening. But over time, she has mellowed down. I do not know if this was the result of her heart ailment (as I only heard from the grapevine). She has become very appreciative of lawyers but you can still see the fire in her to perform justice in the most speedy and judicious manner.

    I saw the fire in her when she ordered the investigation of Notaries Public under her jurisdiction that resulted in the elimination of fake notaries. She even visited personally identified offices of fake or non-complying Notaries Public and closed many of them. She spared no one and gave those not complying sufficient time to comply. Even the newspapers accredited by the Court were not spared, that included Punto! She asked her Sheriff to visit each and every accredited newspaper which resulted in the suspension, revocation and cancellation of accreditation of the majority of the newspapers.

    Even Punto! that was discovered to be publishing also in Tarlac Province was not spared. I filed two motions for reconsideration, but was unsuccessful. Punto has to cease publishing in Tarlac Province and wait for another year before being accredited again.

    On the issue of corruption and extortion, EJ Simbulan is indeed divine. I have talked with many lawyers in Pampanga and no one insinuated even a hint about an issue on corruption against her. In fact, all of us are one in saying that we have not heard of that from her nor have any experience about corruption and extortion from her nor any emissary from her. Her staff are so honest and even afraid to receive any consideration for payment of transcript of stenographic notes and sheriff fees without proper official receipts issued by the Office of the Clerk of Court. No lawyer would attempt to corrupt her, unless you wanted to be in big trouble. This is the reason why I and all of the lawyers I talked with do not believe Lee’s accusation of corruption. Reading from the Complaint of Lee as published in Punto, the alleged solicitation of the motor vehicle was done through an emissary of EJ Simbulan’s husband, who happens to be the Regional State Prosecutor for Region III. It is best if that emissary is identified to once and for all complete the evidence on this issue. However, the prosecutor husband is similarly respected, with no single issue on corruption like EJ Simbulan.

    When I first read the Punto issue containing Lee’s charges against EJ Simbulan, I felt so sad and could imagine how would this issue emotionally affect the judge, her husband and her family. Yes, the publication can tarnish the judge’s good reputation and exemplary performance in the eyes of those who do not know her. But from the eyes of the lawyers and litigants who have professional dealings with her, the charges would not matter at all. For those who do not know her, let us not become judgmental. These are mere charges and have to be proven. Let the issues be resolved in the proper venue where evidence shall be presented and evaluated.

    Justice is divine after all. The truth will be the best defense. I pray that justice be served to the person who dispenses it, and as swiftly and speedily as she dispenses it.

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