We must find ways to enhance the rule of law

Thank you very much Dean Danilo Concepcion for the very kind introduction. Let me address the President of the University of the Philippines (UP), Alfredo Pascual, let me also formally acknowledge Dean Danilo Concepcion of the UP College of Law, Mrs. Jacquelline Heng, the members of the Association of the Pacific Rim Universities (APRU), members of the academe, distinguished guests, friends, ladies and gentlemen, good morning.

This morning, it is my honor and pleasure to join you – my brothers and sisters in the legal profession. Let me extend a very warm welcome to the delegates and guests of the APRU in this meeting today.  

Today, we live in extraordinary times. We have made giant strides in the realm of politics and economics, but are faced with numerous challenges to global peace and security.  

In the 21^st century, man’s extraordinary achievements that are meant to make this world a better place to live in are intertwined with man’s unbridled greed for wealth and power. These spur bloody conflicts, chaos, extreme violence and crimes against humanity.

Ladies and gentlemen, we must not separate ourselves from what is happening in other parts of the world, which we are only seeing on television in the comforts of our homes.

If we cut through the fog of newspaper headlines, extensive television coverage with stirring footages, the inescapable truth unfolds: today, we are fighting a different war.

This is not a war of nation against another nation. This is a war waged by governments against agile, stateless, brutal but resource-rich networks of criminals. They move quickly and stealthily across national borders to do their business.

And what are their lucrative businesses? Trade in illegal drugs, human trafficking, arms smuggling, piracy, cybercrime, money laundering, to name a few.

Transnational crimes are on the rise. The United Nations Office on Drugs and Crime (UNODC) found that victims of human trafficking from Asia are scattered all over the world.  The International Labor Organization’s (ILO) Global Estimate of Forced Labor in 2012 likewise established that the Asia-Pacific region has the highest number of forced laborers– including human trafficking for labor and sexual exploitation- with 56% or 11.7 million victims.  

           

On the other hand, radicalism espoused by extremists has taken root in our country, and in the rest of the world. Extremists have entered our borders seeking sympathizers who will join their cause.

It is tragic that in the 21^st century – a century that is supposedly marked by tolerance and openness -- mass murders are committed in the name of religion.

Moreover, it is also an irony that in the age of globalization,   criminal networks are organizations without borders. Their tentacles are spread throughout the globe.

Well, even in the last century, we already had the Mafia as an outstanding example of a cross-border criminal organization. It was born in Italy and exported to the United States.

Today, ethnically-based criminal groups are operating in different countries with allegedly strong and extensive connections in foreign governments. Even the Somali pirates are boasting of their powerful connections.  

If nation-states are benefiting from the advances of technology and information revolution, criminal networks are benefiting as well, and perhaps even more.   These networks are led by educated criminals and not plain and uneducated bandits. They are strategic-thinkers and tech savvy.

Governments with weak public institutions, corrupt law enforcers and politicians, are highly vulnerable to these criminal networks. Given these, it is not easy for states to control crimes within their respective borders.

To address the challenges of peace and security, states must not act and cannot individually. Now, more than ever, states must band together and collectively seek a solution. Coordination and information-sharing among countries is a must.

Having said that, I commend the organizers of this year’s 6th Law Deans Meeting of the Association of Pacific Rim Universities (APRU) for coming up with the timely theme: “The Role of Law in Peace and Security in Asia-Pacific”.

           

We could say that the role of law in peace and security is to uphold and implement the rule of law. But what do we mean exactly by the rule of law? The phrase is often held to mean that states must be ruled by governments of law and not of men. The widely-accepted definition of the phrase sees the rule of law as a system where all persons – including those governing them – are accountable under the law. This entails fairness of laws and efficiency of the legal process.

 The concept of the rule of law, however, is not limited to individual states. We are now moving towards the creation of a globalized community. Crimes have now crossed borders. Radicalism has escaped the confines of a single state with extremists seeking to erode borders of countries and individual beliefs to create a land of their own image.  Transnational crimes are rising with criminal networks taking advantage of eroding borders to strengthen and consolidate their connections.

Ladies and gentlemen, I hope that in this meeting of the premier alliance of research-oriented universities in the region, we can find ways to enhance the role of the law, as well as the rule of law. It is in academic gatherings such as this that problems are identified and   solutions are proposed. 

Aside from strengthening institutions like the United Nations, the International Court of Justice, and the International Criminal Court, among others, we can find solutions in academe. It is in the field of education where we can generate new ideas and examine their effectiveness before introducing them to the world.  

As mentors of future lawyers, you may ask yourselves these questions:  How do you teach the rule of law to your students? How can you inspire students to educate other people about the rule of law, as well as respect for the law?

           

We must begin with small steps, I submit. We should identify solutions and seek to solve them by communicating as a community and sharing our experiences with one other. We should think as global citizens and hold ourselves accountable for the troubles suffered by others even if they are miles away from us. When we help and identify with each other, the attainment of peace, order and security is not impossible.

Ladies and gentlemen, next week, the Leaders’ Meeting of the Asia-Pacific Economic Cooperation will be held in Manila. This is significant, because from what I understood from President Pascual, this group, the APRU, was born from APEC meetings. Perhaps, the ideas that will be discussed in the APRU sessions could be relayed to the APEC leaders. After all, they are in a position to effect positive changes. Together with our leaders, let us dream and work for a more peaceful and more secure region.

Let me end by wishing each participant in this meeting a productive, memorable and meaningful time in the Philippines. I have to apologize ahead, because of the traffic that you will experience here in Manila, given that there will be 21 leaders of the APEC that will be coming to the meeting next week. And they will be start arriving, I think, over the weekend and on Monday. Just brace yourself for the terrible traffic. That is not unusual, I just came from Moscow and the traffic is just as bad (laughs).

I hope that you will bring back to your respective countries pleasant memories that will encourage you to come back in the near future.

Maramang salamat po, as we say in our local dialect, thank you very much. 

                               

“We owe public workers a raise”

Q: On the proposed Salary Standardization Law 2015

SPFMD: It’s something we owe to our government workers to have it passed before the year is over. Dahilan po may P50.7 billion na appropriation sa ating 2016 National Budget, but this cannot be implemented unless the bill on the Salary Standardization Law is passed.

Q: So ito ay certified as urgent ng Malacanang?

SPFMD:  It will be certified as urgent once we have it on the floor.

Q: So under the 2016 budget, may naka-incorporate na budget na for that?

SPFMD:  Sa 2016 budget, there is. Mayroon na pong P50.7 billion na naka-allocate sa 2016 budget para po sa Salary Standardization Law 2015 at itong panukalang batas na ating fi-nile together with Senator Legarda is the implementing law that will define kung magkano talaga ang i-increase ng bawat position.

Q:  Sabi po ni Senator Sonny Angara, masasayang lang daw iyan kung walang tax reform, dahil mas malaki ang sweldo, mas malaki rin ang tax bracket.

SPFMD: Yeah, I concur with Senator Angara.

Q: Paano yun? Hindi dapat mauna  yung proposed tax reform?

SPFMD: At this point, ang aking pinag-aaralan ay yung pong Salary Standardization Law 2015.

Q: So before the year ends, kaya po ito mapasa?

SPFMD: Yes, kakayanin po namin. May puwang naman doon sa budget debates eh. Once the budget is approved on third reading in the Senate, then we expect that in the first week of December then we can put the SSL on the floor.

Q:  So sir, pag naprub, kelan magiging effective yang SSL?  

SPFMD: January 1 next year. Because that is the effectivity of the 2016 budget.

Q:  Do you support the motion of Minority Leader Senator Juan Ponce Enrile na ibalik sa committee level at magkaroon ng re-investigation doon sa Mamasapano?  

SPFMD: The chair of the Committee on Public Order and Dangerous Drugs expressed no objection, but we are looking at Section 32 as requested by Senator Poe in the last session.

Q: Do you still have time for that?

SPFMD: I don’t know. At this point, I do not know the timeframe that is being considered. ###

Higher pay will boost the morale of gov't workers

Despite its tight schedule, the Congress will prioritize the approval of the proposed Salary Standardization Law 2015, Senate President Franklin M. Drilon assured today, saying that he agreed to co-author the proposed measure in the Senate. 

“There is really a need to pursue the new version of the Salary Standardization Law to increase the purchasing power of millions of our state workers, who could not cope with the inflation,” said Drilon.

“The new compensation package being sought will fix the glaring discrepancies in the pay schemes between the public and private sectors,” said Drilon.

Drilon said he will author the proposed measure in the Senate along with Senator Legarda. As early as last year, Drilon called on the Department of Budget and Management to review the government pay scale.

“Even if the Senate is busy working on the 2016 National Budget and the Bangsamoro Basic Law, we will make time for the swift passage of this measure to implement the raise in the salary scheme in government,” Drilon said.

Drilon vowed that the Senate will give the SSL 2015 “urgent legislative attention” alongside the proposed General Appropriations Bill, the Bangsamoro Basic Law, and other measures which the Senate and House of Representatives had agreed to pass before the 2016 campaign kicks off. 

“We will immediately file the draft law. I will immediately talk to my colleagues to give it special attention. We will calendar it for committee hearing and plenary deliberation at the soonest time possible, so we can guarantee its passage by the end of the year,”

Drilon said. Drilon said that the low pay rates in government sector discourage competitive and highly-skilled employees, even the fresh graduates, from working and staying in government.

He said it is the primary reason why agencies experience difficulties in filling up vacancies in their offices, which, per Department of Budget and Management record, resulted in 191,988 unfilled positions in 2015.

Drilon said that the proposed SSL 2015 will also solve the exodus of government workers, who leave their posts to seek greener pastures in the private sector and abroad.

“An improved salary scheme will be the biggest morale booster for all public workers to excel in their work, and is important if the government wants to retains their employees and recruit more competent and driven professionals, especially the youth, into its ranks.”

Drilon said there are enough provisions in the General Appropriations Bill to fund the implementation of the first tranche of the salary increase.

Under the Miscellaneous Personnel Benefit Fund (MPBF), according to Drilon, P50.7 billion has been allotted for the salary increase.

“We will fast-track the passage of the Salary Standardization Law 2015 before the year is over. In this manner, all public employees can already expect to enjoy higher wages starting next year,” Drilon said.

Drilon said the proposed pay hike is “much-awaited and long overdue development” for the millions of government workers, who are paid much less compared to their counterparts in the private sector.

"In a way, passing the SSL 2015 would be a great Christmas gift for the thousands of public employees around the country," he added.

“I’m happy that we can finally move forward and make the SSL 2015 into law. There is really a need to pursue the new version of the Salary Standardization Law for the sake of our teachers, health workers, policemen and other government employees who receive wages that don’t fairly compensate the hard work they put in serving the people,” Drilon said.

Congress zeroes on reform measures

Q: On the monthly legislative meeting of Senate and House leaders

SPFMD:  First, we met again with our counterparts in the House - and bigyan ko lang diin ano, in my years in Congress, this is the most effective mechanism that the leadership of both Houses have adopted, that enabled to pass a number of critical and reform-oriented measures.  Just from the last time that we met, we passed no less than 4 measures, since the last time met.

We have passed in both Houses the measure that will increase the minimum SSS pension, we passed the Tax Incentives Management and Transparency Act, we passed the PAGASA Modernization Act, we passed the Sangguniang Kabataan Reform Act.

So these are the four laws that we passed since our last meeting, and in our meeting today, we plotted again what we can do in the next fifteen (15) session days, which will be until December, we have 15 session days. We have discussed and enumerated the measures that we will give priority to.

Of course the number one priority is the budget. The House will transmit to the Senate the budget on November 9. The Committee on Finance of the Senate will sponsor it on November 11. Interpellations will immediately follow. One of our problems is that on November 17 there will be three (3) days of APEC holidays and even if we want to meet in the Senate and have sessions, we could not do so because the agencies will be busy with APEC and the roads, the security measures in our premises will be very difficult.

So we are looking at the Senate version of the General Appropriations Act being passed on third reading at the first week of December. We are very confident that by third week of December it will be by the President for his signature and we will have a budget before the year is over.

Our agreement is that we will also continue the interpellations on the Bangsamoro Basic Law. There are a lot of negotiations, we will see how and what we can do. But we will give it also our priority. There are about half a dozen other measures that we have included in our calendar for the next 15 session days. That’s what it is.

Q: What are the other priority measures?

SPFMD: The Department of Information and Communications Technology, the Acquisition of Right-of-Way for Government Infrastructure Projects, we have the amendments to the Build-Operate and Transfer (BOT) Law, the Customs and Tariff Modernization Act or CTMA,  and the Government Industry Tax Plan.

Q: On the proposal of Congressman Colmenares to pass a joint resolution suspending the provision of  the law penalizing the possession of more than one bullet, to address the laglag-bala scam

SPFMD:  We would rather have a permanent bill rather than a suspension, and in both Houses, I understand, there are bills on this. Congresswoman Leni has filed, Senator Bam in the Senate filed similar bills on this, decriminalizing the illegal possession of up to three bullets rather than you know, a temporary solution . We are in favor of this. ###

Senate to deliberate on 2016 budget, BBL

Q: Makikiupdate lang po kami diyan sa Senado at sa inyong pinagkaka-abalahan ngayon sa pagbalik ng sesyon makalipas ang ilang linggo rin at nitong Todos Los Santos.

SPFMD: Mamayang alas-10 ng umaga po  bago kami mag-session sa hapon ay magkakaroon po ng necrological services para sa yumaong kasamahan namin na si Senator Boy Herrera.

At bukas naman po, magkakaroon kami po ay makikipagpulong sa mga lider ng Kamara de Representante. Amin pong paguusapan yung doon sa aming final two months or three months in session, kung ano po yung aming kayang tatapusin.

Amin pong bibigyan ng prayoridad ang dalawang batas. Una po yung ating national budget, aming kokonsultahin ang aming chairman ng Committee on Finance, si Senator Loren  Legarda. Amin po sigurong matatanggap ang printed version ng budget mula sa House o Kamara de Representante sa Biyernes po o kung hindi man ay sa Lunes sa susunod na linggo at the latest.

Sa Miyerkules sa susunod na linggo o November 11 amin pong sisimulan ang sponsorship. Hihilingin ko kay Senator Legarda na isponsor na ang budget by November 11, at sa susunod na tatlong araw – November 12, November 13 at November 16 ang amin pong period of interpellation, aming uumpisahan.

Ngunit ito po ay matitigil pagdating ng APEC event, maantala po ang aming debate tungkol sa budget ng tatlong araw, dahil tatlong araw na mayroong holiday, November 17, 18 at 19 dahilan sa APEC event, at malapit ang Senado diyan sa mismong PICC complex, kaya holiday po at wala kaming opisina.

Pagbalik po namin sa November 23 hanggang November 27 – limang araw po ito  - aming ulit pagdedebatehan ang budget, akin pong hihilingin sa aking mga kasama na aprubahan namin ang budget sa first week of December, at bago po o by third week of December ay nasa kay Pangulong Noynoy Aquino na po iyan para kanyang pirmahan.

Q: May tsansa pa bang maihabol itong kontrobersiyal na panukalang Bangsamoro Basic Law (BBL)?

SPFMD: Opo, pinagusapan namin iyan ni Senator Bongbong Marcos kahapon at ngayong araw po aming magreresume ng interpellations, si Senator Sotto po ang magtatanong at siguro matatapos ang kanyang interpellations ngayong araw na ito.

Sa Lunes po at Martes na susunod na Linggo ay amin pong irereserve iyan kay Senator Juan Ponce Enrile ang aming minority  leader. Hindi ko po alam kung matatapos ng tatlong araw ang kanyang mga interpellations, kung hindi man matapos ay amin pong ipagpapatuloy iyan pagkatapos ng budget sa second week of December, by December 7 siguro at amin pong sisikapin na matapos ito bago po matapos ang Disyembre.

Q:  Masasabi po na magandang aguinaldo po itong Kapaskuhan ang panukalang increase in SSS pension. Kasama rin po ba iyan sa maaring maihabol na prayoridad ng Senado ngayong taon?  

SPFMD:  Opo, sisikapin din po natin na tapusin natin iyan. Ako po ay sumusuporta diyan, masikip ang panahon, ang aming schedule, ngunit isisingit po natin iyan. ###

A tireless crusader

I join the whole nation in mourning the passing of a friend and an esteemed colleague, former Senator Ernesto “Boy” Herrera.

As a union leader and as Senator, Boy Herrera was a tireless crusader for the welfare of the Filipino worker.

I have known Boy for decades and I witnessed how committed he was in fighting for the cause, rights and welfare of millions of our workers. He was a giant of Philippine labor. Our country’s workers have lost a champion.

I am proud to have worked and shared the Senate floor with such a principled and distinguished public servant. He will remain an inspiration to all of us.
 

Drilon tells Russians: 'Let us expand the frontiers of our friendship'

Moscow – Senate President Franklin M. Drilon today addressed the Federal Council of the Federal Assembly of Russia – the first Filipino and Asian to do so. 

At this historic first, the Senate President told the gathered Russian Senators that he was “distinctly honored to address this august Chamber with the hope that I could humbly contribute to our common efforts to build better understanding between the Russian Federation and the Republic of the Philippines and to expand the frontiers of our friendship.”  He reaffirmed the strong and unwavering commitment of the Philippine government to further deepen the friendship and mutual understanding between the Philippines and Russia.

The Senate President also raised the issue of the conflicting claims in the West Philippine Sea, saying “We are grateful to Russia for your continuing interest in this issue. Your support for the peaceful settlement of international disputes is consistent with, and supports, our principled position that the West Philippine Sea dispute should be settled according to the rule of law, particularly the UNCLOS.”

Elaborating further on the situation in the West Philippine Sea, he told the Russian Senators that these are the same principles that guide the Philippines during these challenging times in the Asia-Pacific. “The Philippines is committed to the peaceful settlement of conflicting claims in the West Philippine Sea in accordance with international law, in particular the United Nations Convention on the Law of the Sea, or UNCLOS.  Consistent with these norms, we have instituted arbitration proceedings with the appropriate UN tribunal with the firm hope that through international law, peace and justice will prevail,” the Senate President said.

The Senate President is in Russia on the invitation of Mme. Valentina I. Matvienko, Chairperson of the Federal Council, Federal Assembly of the Russian Federation, who introduced him and who chaired the Plenary Session. 

Aside from speaking at the Federal Council, the Senate President also met with several top Russian officials during his stay.  He also signed with Mme. Valentina I. Matvienko an agreement that will strengthen ties and boost cooperation between the upper houses of the legislatures of the Philippines and Russia. 

In his address, the Senate President said that the shared interests and common sacrifices of Russians and Filipinos form the firm foundation of a lasting relationship. “While geography has destined us to be far away from each other, this has not prevented us from forging a friendship based on shared interests and enriched by parallel experiences,” Senate President Drilon said, citing in particular the suffering and sacrifices of both countries in World War II.

He also recalled that both the Philippines and Russia were at the birth of the United Nations and that in negotiating the Charter, “we would find ourselves working together to outlaw war, uphold the peace and the rule of law. These are principles that we – Russians and Filipinos – share and strongly believe in, and must therefore continue to uphold and defend.”

Referring to the 40^th anniversary next year of the establishment of diplomatic relations, Senate President Drilon noted that “even before the establishment of formal relations, there were already contacts between our two peoples over a century earlier.”  Pointing out that Russia had always been familiar with the Philippines even from the time of the sailing ships, he hoped for more contact between Russians and Filipinos, particularly through increased visits by Russian tourists.

He also recalled that in the 1980’s, “we saw the flowering of Russia‑Philippines cultural relations . . . producing two (2) world renowned (Russian trained) artists . . .  Prima Ballerina Lisa Macuja . . . and concert Pianist Rowena Arrieta . . . and only very recently, one of our best Filipino film makers, Brillante Mendoza, received the Outstanding Artistic Award in the 25^th International Film Festival in St. Petersburg.”

The Senate President also pushed for cooperation in other areas, saying that the Philippines wants Russia “to be one of our global partners.” He cited mutual assistance to nationals caught in conflict and crisis in Third-World countries, cooperation in fighting transnational crimes, including “practical cooperative actions to combat and prevent terrorism, including terrorist financing, and build the capabilities of its international partners.”

Drilon welcomed Russia’s renewed focus on the Asia-Pacific, saying “Russia has an important role to play in the framework of ASEAN-led mechanisms, such as the East Asia Summit, the ASEAN Defense Ministers’ Meeting Plus, and the ASEAN Regional Forum.”  In this context he welcomed next year’s meeting of ASEAN and Russian leaders in Sochi to celebrate 20 years of productive dialogue partnership.

On economic cooperation, he said that the Philippines as keen on working with Russia as this would contribute to economic growth for both countries.  He pointed out that the Philippines is one of the fastest growing economies in Asia and that the long-term economic outlook is indeed optimistic.

He attributed this to reforms implemented at home, aimed at promoting good governance, curbing corruption, and strengthening the rule of law: “I am proud to say that our Senate of the Philippines has contributed greatly to advance this agenda by enacting much needed laws that are both timely and highly relevant to these objectives.”

 “To sustain the country’s growth momentum, we need to expand the horizons of our economic partnership . . . to look beyond traditional partners and develop new ones,” Senate President Drilon said.  

 “This is where the Philippines and Russia, one of the largest economies in the world, can work together with tangible and immediate benefit for our people. Because of our shared interests, Philippines-Russia relations have consistently grown since we established diplomatic relations almost 40 years ago – no matter what the global context was,” Senate President added.

Drilon also noted that, “This year we have the perfect opportunity to create the impetus for this when His Excellency, Vladimir Putin, visits Manila during the Asia Pacific Economic Leaders Meeting.”

 “It will be a historic first ever visit of a Russian Head of State to the Philippines. This will usher a new phase in Philippines-Russia engagement - one that is forward-looking, agile, and growing ever closer,” he said.

 “Together with our Leaders and our peoples, we can, and we will, expand the frontiers of our friendship,” the Senate President told the gathered Russian Senators.

He ended his address by quoting Leo Tolstoy: “Man lives consciously for himself, but serves as an unconscious instrument for the achievement of historical, universally human goals.”  END. (This Press Release is from the Philippine Embassy in Moscow, Russia)