Atty.

Fitzgerald Perando Macalalag

The Story of a Lawyer, Professor and Mentor
A faithful , courageous and zealous lawyer who remained true to his
oath. This is how Atty. Fitzgerald Perando Macalalag wants to be
remembered.
Born on September 29, 1978 in Iloilo City and growing up as the eldest
child of seaman Angelo and housewife Elizabeth, Atty. Macalalag has known
since his early years that he wanted to become a lawyer. One of the main
influences in his formative years was his grandfather, who graduated from
law school with honors. Unfortunately, due to financial difficulties, his
grandfather was not able to take the bar exam and never became a fullpledged lawyer. Even during his childhood, Atty. Macalalag was already
aware of his grandfather's story. He knew that his grandfather garnered
many awards in law school because he saw his grandfather's medals and
ribbons being displayed. Since then he has always wanted to be a lawyer and
fulfill the dream that his grandfather was not able to achieve.
According to Atty. Macalalag, to be a lawyer brings a certain degree of
honor and respect from others as they see it as a very difficult profession to
be in. First reason was that I have always wanted to be one, second, I was up
for the challenge, and third, I would want to have better chances of financial
stability in the future by being a lawyer. Atty. Macalalag finished his
elementary education in 1991. He then went to high school at the West
Visayas State University and graduated in 1999. With his dream of becoming
a lawyer in mind, he prepared for law school as early as when he was about
to enter college. When he took the University of the Philippines College
Admission Test (UPCAT), he chose a course that he felt would prepare him
well for law school. He first enrolled in UP Miag-ao as a Political Science
student. However, he was not satisfied with his college environment because
he perceived that there was a culture of over-staying, where many of his
fellow students were not as diligent about their studies as he wanted to be.
He then switched to a different campus and course, finishing BS
Management without exceeding his four years stay in college.
He discussed his plans of going to law school with his parents, and he
says he was fortunate to have really supportive parents. He asked if his
father could still support him financially if he enrolled in law school, and his
father agreed. His parents told him that if it makes him happy, to pursue his
dream, and they also encouraged him to take up law because they also

believed that he can make it. So right after finishing his undergraduate
degree, Atty. Macalalag immediately enrolled in the University of San Agustin
College of Law.
Although his father was a seaman, Atty. Macalalag still struggled with
his financial circumstances. He said that the law books and reading materials
were very expensive, and access to the internet and online data were not
readily available at that time, so they really needed hard copies of the
materials, which were at times costly. During his second year in law school,
he decided to augment his income by teaching English to Korean students.
But eventually, he stopped because he felt that his time was better spent
studying, and he was secure in the assurance that his father would continue
supporting him.
In spite of these challenges, Atty. Macalalag says that he found law
school enjoyable. When asked how he coped with the stress, he said that law
school did not stress him out, and that he was actually happy during his stay
in law school. When asked about the differences in how law school was
during their days and how it is now, Atty. Macalalag says that the internet
has really made things easier for law students now, unlike during their time
when they really needed to borrow the law books from the library and
photocopy them outside of the school.
He also felt fortunate to have classmates who were on the same
wavelength with him, in the sense that when it was time to study, they did
so together and focused on their lessons. Of the ten people in their group,
whom he considered as his close friends in law school, all of them are
lawyers now, although some did not make it when they first took the bar
exam in 2003.
Atty. Macalalag considers the bar exam as the greatest challenge ever.
He had to go to Manila for the review. Since it was his first time to be away
from his family for an extended period of time, he found himself homesick.
He felt the pressure of the bar and being away from his family. He says that
his mind was always on his family in Iloilo. He believes that if he had gone to
a bar review center in Iloilo instead, the experience would have been better
for him, in the sense that he would no longer be distracted because of
longing for his family, and because his core support would be there for him.
He felt that he would have been in a better disposition than he was when he
was in Manila. He says that there is a perception that bar review centers in
Manila are better, but that looking back, he did not really go to the bar
review classes religiously, but instead focused on the review materials that

were given out and opted for studying on his own most of the time.
Moreover, he felt uncomfortable with the environment in Manila, and he felt
like a sheep in the big city. But he also felt that it was also a good thing
because he had to go out of his comfort zone, and he had to face the
challenge by learning how to adjust. The entire bar exam experience was
really challenging for him, because he had to deal with the emotional,
psychological, and even physical challenge, because he had to keep himself
healthy also.
Nevertheless, he was glad that he shared living quarters with close
friends, they stayed in Sta. Mesa with three other housemates who were also
reviewing for the bar. He felt fortunate that his housemates showed their
support by respecting each other's personal space and time. He said that
when it was the scheduled study hours, his housemates helped him focus on
his review by not bothering or disturbing him, and that they also focused on
their own readings. They also set scheduled times for when they would
interact with each other, but most of the time, they kept to their own allotted
space when it was time to study. And he was also thankful that one of his
housemates brought a helper along, so they always had good food prepared
for them, and that they did not have to worry about what to eat. When asked
if he had any quick tips for bar examinees, he quipped eat right, sleep well
and drink once in a while.
The most memorable question for him during the bar exam was What
is outer space? which was asked in the Political Law exam. For him, it was a
jaw-dropping question. But he said that the subject that he found most
difficult was Criminal Law, and the easiest was Remedial Law. Fortunately, he
passed the bar exams in 2003 and was admitted to the bar in 2004.
For Atty. Macalalag, his most enjoyable experience in law school was
having good professors that he could look up to, who eventually became his
mentors and supporters. Some of his professors whom he really admired
were Judge Go, Atty. Jose Edmund Guillen, and the current Dean Tirol.
Because of Dean Tirol's influence, Atty. Macalalag wanted to work in their law
firm even while he was still in law school. He said that the firm had
established a good reputation, so after passing the bar, he applied for a
position in Tirol and Tirol Law Office. He was accepted and has been working
as an associate for the firm since then. His practice mostly deals with
litigation, including the application of legal knowledge in legal advice, case
study, contract, document and communication drafting and review, including
drafting of pleadings, motions and other legal papers involved in case filing

or in pending cases. He also handles drafting and submission of briefs and

memoranda in the Court of Appeals and the Supreme Court.
He considers his senior lawyers at the firm as his favorite lawyers.
Each one has separate and distinct approach in handling a case, and you
can see each personality over time as to how they put a solution to a
problem. It is a wonderful thing to witness and a rare learning experience
and I adopt their methods most of the time.
Atty. Macalalag's first appearance in court was with Atty. Dan
Valenzuela. It was a pending criminal case wherein he had to make an
appearance in court as a substitute for the lawyer who originally handled the
case who was not available at that time. It was a criminal case, and he was
representing the defense. The accused was on bail but did not make an
appearance in court, so he had to file a motion for reconsideration on the
issuance of a warrant for the arrest of the accused. The case was being tried
in Estancia. At that time, Atty. Macalalag did not yet drive his own car, so he
had to commute to Estancia. When asked how he felt about his first
appearance in court, he said that he was shocked, primarily because of the
distance he had to travel to make his appearance, and he had never been to
Estancia in the past. He says that it was good that he prepared and left early,
so he was able to catch the trial on time. But with regard to how he handled
it, he said he was not nervous at all because he was coached and prepared
well by his mentor. He was confident that knew the legal provisions involved,
but in terms of presenting himself before the judge, he was grateful that he
was taught how to present himself and announce his presence and enter his
appearance in court.
Even though he has been practicing law for many years already, Atty.
Macalalag sees himself as still practicing ten, or even twenty, years from
now. He says that the biggest struggle he always has to face is the fatigue,
because there are so many things to do, but there is so little time.
When asked what he thinks about unscrupulous lawyers, Atty.
Macalalag says that he has met many in court. He describes them as
unprepared, not updated with the recent innovations in the law and
especially in the Rules of Court, and there are also those who twist facts to
suit a particular argument. He says that you can detect those kinds of
lawyers. According to him, it is hard to judge the actions of other lawyers
because one's moral ascendancy over others in particular matters is not
really important, and that what is important is to win the case. He says that if
an opposing lawyer fabricates evidence, he trusts that the judge will know of

it. The key is to point it out without making a judgment on the other lawyer's
moral choices. There is a way of calling out something which is
objectionable, or bad, or morally wrong, without making a judgment on the
other person.
Atty. Macalalag says that he gets in conflict with other lawyers in court
all the time. But outside the court, he says not to take it personally. And he
has never experienced being called out by other lawyers outside of the court
room. He says that one will know how to deal with those kinds of people once
you are already practicing. But these things are not taught in law school, and
one has to learn it through experience. He also says that up to know, he
considers himself as still learning. According to him, the weakness of the law
and our legal system is that lawyers who are unscrupulous know how to
mask what they are doing, that they know how to work outside the law and
how to manipulate things for their benefit.
Atty. Macalalag believes that you become what your clients want you
to be. The entire legal system is at your disposal and you ultimately become
the captain of the ship, so to speak. How you act as such however depends
on what youve learned in legal ethics at law school. He says that your own
moral compass will guide you, especially when it comes to ethically
problematic cases and circumstances. For him, it is as simple as always
sticking to your oath as a lawyer.
There have also been times when he was asked to file a case which did
not really have basis, or which were harmful to others. He says it is a
challenge sometimes when you have a corporate client, for example, who
comes to you asking for your legal opinion. Your legal opinion would depend
on the facts and circumstances, and because of this, the opinion you will
come up with may not be favorable to your client. You have to tell them what
the consequences are of taking a particular legal course. It is then up to the
client to decide, based on the legal opinion you presented and your
recommendation of which course to pursue.
Many of Atty. Macalalag's clients are corporations. According to him, if
you are a retained lawyer, you serve at the client's pleasure. He believes that
a good lawyer recommends, but the better lawyer gives you a better
alternative or solution. He says that this is one of the things he has learned
through time and experience. A lawyer can always say I recommend this,
but one always has to remember the fiduciary nature of the relationship
between a lawyer and his client. The relationship between a lawyer and his
client is important, and as a lawyer, one should nurture that relationship, and

because of that, one should always help the client find a solution, keeping in
mind that the solution has to be within the bounds of law. Whether it is a
weak position or strategy, that is a risk that one has to take, because,
eventually, a client's gauge of your performance as a lawyer is how you give
them better solutions to their problems.
Atty. Macalalag says that it is always a challenge having a client that
he does not particularly like. According to him, it is like having a friend, not
all of his or her traits are exemplary. The challenge is how to set your
personal pet peeves and limitations aside. It also depends on the client
sometimes, because there are those who are stubborn or do not understand.
It's natural to feel offended or react by dealing with those clients in the same
way that they are dealing with you. But the struggle is how to maintain
professionalism, so he says that he always has to try to be more patient with
those clients, and not be narrow-minded about them.
For Atty. Macalalag, every case is always ethically challenging. He says
that you always have to consider that in presenting your case, you have to
deal with witnesses, who also have their personal biases. You can't always
trust what they say to you, so sometimes, you have to feel out what is best
for your client or your case, keeping in mind that these people also have
their shortcomings. When asked if he ever took on a case that made him
doubt his capacity as a lawyer or made him think about quitting being a
lawyer, he says all the time, every day. You just have to man-up and take it
as a challenge, eventually you will get the hang of it.
Atty. Macalalag also shared about experiencing cases wherein he knew
that his client was guilty of wrongdoing. He says that it's best when the client
tells you at the start whether he is guilty or not, so that as their lawyer, you
can plan out your strategy and properly give the client his day in court. He
also recalls an experience when the client did not admit to him at all that he
was guilty, but that through gut feeling, Atty. Macalalag determined that the
client was guilty of the charges against him. The client was a government
official and the charge was regarding the acceptance of bribes. Apparently,
the prosecution was able to obtain a video footage as evidence. Instead of
judging his client, he focused on the evidence allegedly showing the client
committing the crime, and based his defense on the illegality of the way the
evidence was obtained. He said that if you really look at the video, it does
not really show that the client was accepting money. Moreover, other
witnesses attested that there was no actual incident when they witnessed
the client actually accepting money. What he did then was to set up a

defense that focused on the evidence. With regard to that experience, Atty.
Macalalag says that as you go along, you will understand that your duty is
not really to make moral judgments about your clients. As a lawyer, if you
know what your oath says delay no man for money or malice you will
know that regardless of your personal opinion or the client's guilt or not, the
lawyer's duty is to defend him and give him his day in court.
It is like putting on a sort of mental shield or armor, where you have to
put aside any personal judgments you might have. He says maybe because
he is naturally not judgmental, he is able to easily cope with the stress or the
issue of dealing with such clients and situations. He never really saw himself
as a person who is able to impose his own moral restrictions on another
person.
Some of Atty. Macalalag's pet peeves include being called by clients
during weekends when he is out enjoying personal time with his family or
friends. He also regrets handling inherited cases which were previously
handled by a different lawyer and are already pending in court by the time
he got the case. He dislikes handling those types of cases because he feels
restricted when it comes to arguing the matter and presenting his client's
position, because he can only move within the limits of the initiatory
pleadings already laid out by the previous lawyer. In such cases, he feels that
you rise and fall based on what has already been established, and you lose
the ability of being able to handle the case the way that you would have
wanted to right from the start. Nevertheless, he says that the way he
approaches a case, he does not follow a specific formula, because the case
has to be handled according to its own unique facts and circumstances.
Although he has been practicing law for more than ten years already,
he still considers himself as still in the process of learning. When asked what
word would best describe himself as a lawyer, Atty. Macalalag says he is
unassuming, which he admits can be good or bad. He is aware that people
have both positive and negative perceptions of lawyers, but he never
assumed that he has those perceptions. He believes that just because you
are a lawyer, it does not mean that you are above another person. Just
because you are a lawyer, it does not mean that you are a bad person, or
that you are a liar. And he also believes that just because he is a lawyer, it
does not necessarily mean that he is already financially successful.
Atty. Macalalag does not really think of himself as successful yet, and
that there are many things that he still wants to achieve, primarily to win as
many cases as possible. Currently he is handling more than twenty cases,

some of them pending for more than five years already and are currently on
appeal. Although he does not really consider it his specialty, he handles
many cases involving possession or ownership of real properties. He feels
that his biggest challenge is criminal law, and one of his most unforgettable
cases was a murder case where he had to interpose self defense for his
client. Even though he has already had many years of practice under his
belt, he still feels motivated to continue practicing. According to him, it is
what I have always wanted and the practice is even more challenging. I was
always up for the challenge. There are times that I feel exhausted because of
the amount of work to be done but I always think that the same goes for
other professions.
When asked what else he wants to achieve as a lawyer before he can
consider himself successful, he says that he never really set goals. Some
people measure success in terms of degrees, or in terms of the corporate or
judicial ladder, or in terms of financial success. For him, he is happy with
financial security, to be able to practice law and do the things that he wants
to do without having to worry about putting food on the table. This is
especially important for Atty. Macalalag because he continues to support his
family, including his youngest brother who is now in his fourth year in law
school, as well as his nephew with his second sibling. Although his father
continues to work as a seaman, he will be retiring soon, and Atty. Macalalag
sees the need of being able to provide for his family. As a person, he sees
himself as someone who is helpful and genuine, with him, what you see is
what you get. He believes that this is the one characteristic that many
people would find unforgettable about him.
When asked what advice he would want to give to those who are
aspiring to be lawyers, he says to always remember keeping one's eyes on
the prize to pass the bar. One cannot be a lawyer without passing the bar,
so one should always maintain his or her focus on that priority.
Atty. Macalalag also appreciates the mentoring experience. He
commented that it is quite time consuming, but overall, he thinks that this is
a good experience for the law students of San Agustin now. They did not
have this kind of opportunity to interact with and learn from other lawyers
outside of the classroom when they were in law school. He says that the
students now should be grateful for the opportunity and the insights gained
through the experience.

Atty. Fitzgerald Perando

Macalalag

The Story of a Lawyer, Professor and Mentor

Submitted by
Anna Phersolle Sotelo
LLB 1-C

Submitted to
Atty. Elijo Herrera-Bellones
Legal Ethics