From politician to jurist: The transformation of Solicitor General Agnes VST Devanadera

Interview by Jayson Edward B. San Juan
Photos by Leluck del Rosario

Facing the Justices of the Supreme Court is no easy task. Defending a case in front of 15 of the country’s eminent jurists for hours on end takes grit and resolve, even for a lawyer who truly believes in the merits of her case.

And when Atty. Agnes VST Devanadera, the country’s first woman Solicitor General, stood and defended the unpopular Memorandum of Agreement on Ancestral Domain (MOA-AD) between the Government and the Moro Islamic Liberation Front, she knew that public opinion is against her. But as the government’s top lawyer, she argued the government’s case with clarity and intelligence.

Her life in the public sector started in 1988 when she was elected Mayor of the Municipality of Sampaloc in Quezon Province. Then, 10 years after she was first elected, Devanadera jumped from local politics into the national foray when she became Executive Director of the LAKAS-NUCD-UMDP-KAMPI political party from 1998 to 2000.

Devanadera, who graduated with a degree in Accounting from St. Paul College in 1970, pursued her Bachelor of Laws at the Ateneo University. She was admitted to the Bar in 1977, and is currently also a member of the New York State Bar.

After a short stint in the private sector, she went back to government work and focused on local governance. She was appointed, in 2003, as Undersecretary for Legal and Legislative Affairs of the Department of Interior and Local Government. In 2004, she was named Government Corporate Counsel – defending government-owned and -controlled corporations. In 2007, she was appointed Solicitor General, and briefly headed the Justice Department as Acting Secretary.

On politics and government service...

THE LOBBYiST (TL): You first made a name as Mayor of Sampaloc in Quezon Province, and then became the national president of the League of Municipalities. After that, you held several government positions: DILG Undersecretary, Government Corporate Counsel, and now Solicitor General. From the political realm to the legal realm, how did you cope with the transition?

Agnes Devanadera (AD): In terms of political skills, political acumen, I’d say we deal with politics in all facets of life – even in the private sector. In politics, whether you’re at the national level or in the local level, all politics are local. So, in terms of shifting my mindset, I never had difficulties because I have a habit of trying to internalize whatever role or responsibilities I have – but I don’t forget or set aside my past experiences. Pinagsasama lang ‘yun (Just put everything together) to make you a better person to deal with the challenges before you.

For example, I was into the national scene even when I was a mayor because I was the President of LMP. So the national dimension and perspective have already been planted in me when I held that position. That’s why I didn’t need much adjustment when I started working in a national office.

TL: Do you miss being a Mayor?

AD: Oh yeah, kaya ako kung minsan mayor dito (sometimes, I act like a mayor here). What’s unique in being a mayor is that you have direct contact with the people. You have fulfillment because you’re able to reach out to them and they are able to reach you. In my current position, I do more reading, reviewing, researching, writing. I don’t get to meet the people, but because of the people skills I acquired when I was a mayor, I try to find faces when I see cases. In that aspect, of course I miss being a mayor.

Another aspect of being a mayor is being part of the celebrations – whether it’s a family affair or having an official in town, things like that. We also have dancing, singing, a few drinks – that kind of camaraderie with the people, I miss. Also, hindi masyadong structured ang set-up (The set-up is not as structured).

But somehow, I’ve shifted my ways or else I will have to meet many people and would have less time on studying our cases. That’s the only reason why I have to require an appointment; otherwise, you can just really come in.

TL: Are you over with [electoral] politics?

AD: Oh yes, I’m done, over with. You know when I entered politics, the first thing that my husband told me was that I need to make sure I would know how to get out of it. And I’ve always remembered that – it guided me because I told myself that after serving as a politician, after serving in an elected post, I would want to go back into law practice. That was always on my mind. In fact, after my stint at the DILG, I told the President that I want to go back to my law practice, then she said “I’ll give you the Government Law Office.” She appointed me to the OGCC, and now, she appointed me here.

TL: You came from the grassroots before being appointed to a national position. Did your experience there help you prepare to be the government’s top lawyer and defender?

AD: It helped me a lot. When you’re a mayor, you’re more in touch with the people. In terms of cases filed in court, I know that whatever we do can mean the very life of the person involved.

Take an ordinary land registration case, it can bring peace to the family or break out a war among the clan members. If I were not a politician before, I would probably just look at that land registration case to be just another case. But because of my ties as a former local official who was always in touch with grassroots, cases to me get to have faces. Nagkakaroon ng mukha, hindi lang papel (There’s a person involved, it’s not just a piece of paper).

I believe that’s one of the good influences of coming from the grassroots. My mental process automatically goes to thinking, “what will happen.” Take the case of the MOA-AD, I don’t look at it as just a piece of agreement, I look at it with the mindset of whether or not it will really bring peace on the ground because as you know, the MILF are all over the place causing trouble.

TL: Coming from the grassroots, what would you recommend to officials who would like to hold national positions?

AD: They should really strive hard because local officials make very good national officials. If you don’t have the local touch, chances are when you do your work; you have a different way of deciding on things.

TL: Should they go the Cabinet route or, similar to your case, come from the local scene?
 
AD: I come from a very small town. My town has a population of only about 10,000, and from there, I went straight to national. But one important thing is being in the good graces of the Chief Executive because no matter how good you are or how right you are for that position, you will still need the support of the national government. I’m lucky that I had that support. However, it doesn’t matter what route one takes, I always say that we can just prepare for things that come our way.

TL: You are perceived to be a loyal stalwart of the LAKAS Party. Does your political affiliation affect your performance as the government’s top litigator?  Do you still have the liberty to talk about politics and political leanings? For example, does your current position constrain you from commenting on political issues, say, the LAKAS-KAMPI merger?

AD: There are many cases that do not deal with politics. But anything that’s not officially related to OSG, I refrain from giving any comments because I want to remove the perception that I am here as a politician. I am here as a lawyer. So if it doesn’t involve a case we’re handling, I don’t comment.

TL: You are perceived to be very close to former Justice Secretary Hernando Perez. Now that he is facing cases for alleged wrongdoings, do you think that such a close relationship will be a liability in the future?

AD: Right now, I inhibit myself in all the cases of Nanny Perez. One, because he was my teacher, he was my mentor in Ateneo. Second, I worked with him for 11 years and when I left the law office I was already the managing partner. Third, when he was Secretary of Justice I was part of his legal team. Now that he’s having problems like these, for all intents and purposes, I should really inhibit myself. There are cases of Nanny Perez where the OSG is a participant, so I make sure I’m not a part of those.
 
TL: But you still keep a personal relationship with him?

AD: Yes. The friendship will always be there, but when I do my work, I really work. And I want to make sure the OSG will not be sucked into any controversy. That’s why I have decided to inhibit myself when it comes to his cases.

TL: Would you say Agnes Devanadera is loyal to a person or to a cause?

AD: It depends on the occasion. I have always been cause-oriented, although now that I’m with the government, it is part of my obligation to defend the government. My colleagues who know from way back when I was still an activist would ask, “Di ka ba nahihirapan dyan eh dinedepensahan mo ang gobyerno eh kinakalaban natin yan? (Isn’t hard defending the government when we used to fight it?)”

But you know everything has a time. For me, there’s no conflict at all because the basic, fundamental principles within me are still the same. If there’s a cause worth fighting for, we fight. Take OSG which has a dual function: one as the defender of government and the other is as ‘tribune of the people’. In other words, we can depart from the position of government. We can have our own advocacy regarding certain positions of the government, and that gives me fulfillment to be here.

On being Solicitor General...

TL: You are the first woman to assume the position of Solicitor General. How does it feel to be the government’s top lawyer?

AD: Alam mo, ang sabi ng boss ko dati, di ka naman babae eh (My boss used to tease me that I’m not a woman). I think that’s because I’m used to being in conflicts and making decisions. I’m used to fighting for my advocacies. When I come out with my position on issues, I really stand by it.

I like being a woman (Solicitor General), ako lang yong maganda eh (I’m the only pretty one here) (laughs), not one of them can claim na maganda sila, puro lalake sila (that they’re pretty since they’re all guys).

TL: You don’t believe it matters if you’re a man or a woman holding this position?

AD: No, it does not matter. Not in this age, not in this time. What matters is how you do your job – and doing it well. 

TL: You talked about the dual characteristics of the OSG, does that pose any conflict for you because there are times when the people want something else from what the government needs? 

AD: If I treat all issues on the personal level, I may end up with a conclusion that’s not professional. As head of OSG, I process the problems on an official capacity. It is hard sometimes but I’m able to do what’s right because I really study well and determine which one will result in better and more effective governance. However, as a lawyer, I always tie it with the framework and parameters of the Constitution and the law.

TL: Are there times of doubts or hesitations when you take a certain position or defend the government although in the eyes of the people what the government is doing is wrong?
 
AD: I haven’t really encountered doubting our positions. At first, when you’re not familiar with something, of course, you hesitate, but once you’ve studied it and understood it, all those hesitations disappear.

So far, in terms of all the cases that have been thrown at the government – I’m talking of cases not issues, I fully believe in the positions that we have adopted, and that’s also how we argue our cases in court. Kumbaga talagang give na give (we really give it our all), and we have been winning cases.

In the case of the MOA-AD, the circumstances warrant our review, and that’s also the position of the President. I have no problem with that because it will be reviewed, and re-negotiated. This is it, it just so happens that it has a different dimension.

TL: Ever since you were in government – at DILG and OGCC – you have an advocacy of zero-backlog. How is it progressing here in the OSG?

AD: Dito medyo iba naman (It’s quite different here in the OSG); we have 288,000 cases. So you have to be IT-assisted before you can fix your backlog. So right now we are enhancing our case management capability. At least now we improving our tracking information system and were also complying with ISO’s requirements so we can be ISO-certified.

TL: Do you think you can realize these projects within your stint as Solicitor General?

AD: Maybe in terms of installing the system, yes. But running it may take some more time, but I’m happy that at least we’re doing the installation.

TL: Looking back in your years in government, how would you characterize it?
 
AD: Very rewarding. The government when I was an activist is the same government that I am now defending. I now see different dimensions – there’s a time to destroy and a time to attack, but definitely one must recognize the time to build and that’s what’s still lacking – that strong action to build. Madali kasing magbagsak (it’s easier to bring down something). Overall, my government service has given me a lot of fulfillment.

TL: Do you think that there’s still hope for the government, for this country?

AD: Yes, definitely yes. In fact, we’re moving. Despite all the political noise, the government is still moving forward and working hard to keep our country growing.

On the judicial system...

TL: As a lawyer, how do you view the controversies surrounding the judiciary?

AD: Sometimes, the controversies are necessary as part of the cleansing process. It will now depend on how the leadership of the court will handle it and how all of us in the justice system can learn from this. For me, it’s a cleansing process.

TL: Notwithstanding the present issues of corruption plaguing our judicial system, with the recent controversies involving justices of the Court of Appeals, do you think that there are still improvements in the system?

AD: I suppose. I think some of the Justices would rather that these things be ventilated rather than being discussed in coffee shops all around. We don’t really have a venue, but here it’s really being investigated. You cannot totally prevent these things, but what’s important is how you will handle the problems. In this case, if the issue was brought up and no action was taken, I don’t think that’s good, but if one is open to investigation, then that’s good

TL: What’s the main difference between being a government lawyer and having a private practice?

AD: Of course the obvious difference is that we (in government) don’t earn the kind of money that private practitioners do. (Laughs) On the other hand, the challenges regarding cases that we handle are definitely a lot more than if you were in a private practice. The cases that you handle in the private sector are actually limited to the types of clientele you have. Here in OSG, we deal with everything because government deals with everything.

On personal and family time...

TL: What is a normal day in the life of Solicitor General Devanadera?

AD: Everyday is normally abnormal. (Laughs) My days come in various degrees. For example, in the weeks when I was preparing for oral arguments on the MOA-AD, my sleeping time was 3:00 am because there was so much to do.

What other people may consider as abnormal is just normal to us. But even if I have a lot of work to do, I try to get work out of my system for awhile and do some activities that give me relaxation.

TL: How do you relax?

AD: I go to the beauty parlor. (Laughs) I go to the spa, and sometimes I join my friends in their dancing sessions. I don’t really shop because I get bored shopping. I would rather spend time relaxing in the spa, because I can even sleep there.

TL: How is the Solicitor General as a wife and a mother?

AD: Don’t ask my husband how I am as a wife because I don’t cook. (Laughs) I would say I’m very devoted to my family. A few weeks ago, my daughter had to have a surgery, and when she entered in the hospital I was with her. I left the hospital only when she was discharged. I never went home. Also, it’s easier to stay connected these days. There’s always a phone or we’re just a text away. Not a day goes by without me sending text messages to my kids and my husband.

TL: Do you do you work at home? Does your family complain about it?

AD: Ah yes. Yes na yes. (Laughs) Syempre nagrereklamo, pero meron naman akong schedule eh (Of course they complain, but I have a schedule). Kapag tulog na sila, babangon ako magtatrabaho na (When they go to sleep, I’d stay up and work). After dinner, may mga family conversations, kumbaga talk time, ‘yun I’m there (I make sure I’m there for dinner and our family talk time). Pero pag natulog na sila (but once they’re asleep), I’ll do whatever I want with my time. I wake up and then I start working – about one to two hours everyday. It’s already part of my system to work when I’m at home.

On future plans...

TL: Do you see yourself getting back into private practice after your stint as Solicitor General?

AD: As a retirement, yes. Most lawyers don’t really retire, so I guess when it’s time to retire, I’ll be doing private practice. Maybe practice in the private sector and serve as a consultant to government.

TL: After your stint as a Solicitor General, what’s the next stop for you?

AD: Di ko nga alam eh (I don’t know yet). I am ready to work in private sector, but I also want to continue with government service in some way, because being in government is really different.

TL: Do you plan to seek a seat in the Supreme Court? There will be some vacancies next year for Associate Justices of the Supreme Court.

AD: Well, time will tell. You know, it’s every lawyer’s dream to be part of the Supreme Court. But sometimes dreams are better left as dreams. There will be about seven vacancies (next year). I can’t really tell right now, but for now it’s still a dream.

Disclaimer: The views and opinions advanced in this article is the author’s own, and may not necessarily represent the views and opinions of THE LOBBYiST, its editors, or its publishers.

Factual Errors? Email us at editorial@thelobbyist.biz.

Copyright 2007 The LOBBYiST. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without the expressed permission of The LOBBYiST.