A Sysiphean Task Well Worth Doing

CEBU, Philippines - It was 30 minutes before 4  o’clock in the afternoon and Iwas already at Branch 28 of the Mandaue City Regional Trial Court. I was really early for my 4 p.m. interview with Judge Marilyn Lagura Yap. I did not want to be late. I heard that the judge, said to be really tough but is media shy, is also strict and very busy. The clerk of court at Branch 28, Atty. Grace Fernandez, also warned me that I would have to wait until Judge Yap finished hearing a case before she could accommodate me.

It was not easy arranging an interview with Judge Yap. I had to ask help from friends just to get her number, and when I was finally able to get in touch with her office, I had to name drop, emphasize that I am doing a lifestyle piece and begged to be allowed to interview her. No, Judge Yap is not a difficult person to deal with and her staff is really accommodating. She is just too busy and, as much as possible, she tries to stay away from the limelight.

Why do I want to interview Judge Yap so badly? Aside from her handling really big cases like the shabu laboratory in Mandaue City, the ASEAN Summit lampposts controversy, and the murder of a call center agent, among others, Judge Marilyn Lagura Yap is also a recipient of the 2009 Gender Justice Awards II Outstanding Gender Sensitive Judge for the Visayas. The award, given to members of the judiciary in NCR, Luzon, Visayas and Mindanao, is given by the National Commission on the Role of Filipino Women to highlight the important role that the judiciary plays in addressing violence against women.

Gender Sensitive

Judge Yap was awarded as Outstanding Gender Sensitive Judge for the Visayas for her decision on the People of the Philippines vs. Dexter Lao, a violation of the Anti-Rape Law, which involved a minor. The awarding ceremonies were held at the Hotel Rembrandt in Quezon City last November 25.

“Although I knew that I was nominated and then eventually won, I had no idea about the awarding ceremonies. I thought I was asked to go to Manila to receive a plaque,” the unassuming Judge Yap shared. She did not even bring a camera with her during the awarding ceremonies and had to ask Cebu City Barangay Luz captain Nida Cabrera, who was there to receive a special citation for her barangay’s efforts on issues on violence against women, to take her picture when she went on stage to receive her award.

What makes Judge Yap’s decision special when the different courts all over the country hear a lot of rape cases?

“I think the case stood out because of its unusual setting. It was a rape case that also included forcible abduction. The victim was a minor, a young student who had a great future ahead of her. She was shopping with her mother in the mall at that time. When her mother went to one of the salons in the mall, the girl asked permission to shop for shoes and that was when the accused followed her around, befriended her, brought her out of the mall. Then, he brought her to a secluded area in the North Reclamation Area and raped her. One would not imagine that things like these would happen while you are in the mall with your family,” Judge Yap said, adding that she also handled another rape case with the same accused but both rape cases are now on appeal.

She shared that it was not difficult for her to come up with the decision of convicting the accused for rape with a penalty of reclusion perpetua because she sensed the credibility of the victim. “It is not difficult to decide if you consider what really happened and the credibility of the victim,” she shared.

In court and at home

Many people have the impression that Judge Yap is strict, probably because she wants court rules followed to a T. “I’d like to think that I am not strict but when it comes to court decorum, there are really rules to be followed and in my court, these should be followed,” she stressed.

When in Judge Yap’s sala, there should be no talking when the judge, the lawyers or the witnesses are talking. No one should be eating and cellular phones should be on silent mode.

“I know that court hearings are opportunities for prisoners to eat food brought by their families. But I really have to be strict that there should be no eating in the courtroom because the space is so small and I get easily distracted by the scents inside the court,” she elucidated.

Judge Yap shared that one time she was hearing a case when the smell of nangka enveloped the courtroom. “I told the person to stop eating and take the nangka out. Nanimaho jud ug nangka ang room. There was also one time when someone brought dried fish! Can you imagine the smell?” she laughed. She added jokingly that because her courtroom is so small, she can smell someone who has not taken a bath, or someone who applied embrocation oil from where she sits!

Judge Yap, who was married to the late Atty. Ulysses Antonio Yap of Sulpicio Lines and has four children, starts her day at 5:30 a.m. “It was my late husband who really made it a point to wake me up at 5:30 a.m. no matter how late I sleep and I usually end my day at past midnight,” she recalled.

Judge Yap does not want to dilly dally when it comes to the cases she handles in court, which explains why she is so busy. But she said that no amount of overtime will make her finish everything she is tasked to do because she handles so many cases. “I normally do not like a cluttered office. But look at my office now. There is order in the chaos. There are case files everywhere because I handle so many cases.”

Her eldest son, who is a lawyer, describes her workload as something like the punishment of the Greek mythological character Sysiphus, who was tasked to roll a rock to the top of the mountain. Sysiphus never made any progress his task because the rock would fall back because of its weight.

But even though she is very busy at work, she makes sure she spends time with her children, three of whom are already professionals, with one still in college. “Its better when you have a good family support,” she said.

The perfect bonding activity for the Yaps is food. Judge Yap shared that the family makes it a point to eat together and tell each other how their day went. “I am very strict with my children. When they were younger, I did not normally allow them to go out on their own.” She went on to share that there was even a time when she watched a rock concert with one of her children and went to watch the movie High School Musical with another one, just to make sure they were safe.

“My late husband would tell me that I am his eldest child. We really made it a point to spend time with the children and I do not regret having been strict with them, if only to make sure that they were out of harm’s way,” she said.

There’s more to do

Although Judge Yap feels good about being recognized for her efforts on violence against women after receiving the award on gender sensitivity, the award, for her, means that there is more to do.

“It always gives you a nice feeling every time you are recognized for your work but this award is a challenge for me. It means that there are more challenges and more responsibilities when it comes to dealing with violence against women. There is more work to be done,” she said, adding that penning a decision should not just be rendering judgment and penalties. “Judges should also incorporate stories about life and lessons, so that people will also learn from the decisions that we make.”