Let the rule of law reign in Asean

This column is a shortened version of the address I delivered as head of the Philippine delegation to the General Assembly and Governing Council meetings of the Asean Law Association (ALA) held in Kuala Lumpur on Oct. 17-22. The meetings were graced by Malaysian Prime Minister Anwar Ibrahim.

YOUR HONORS, LADIES AND GENTLEMEN, allow me to introduce the incumbent Chief Justice of the Philippines, the Honorable Alexander G. Gesmundo, the incoming chairman of ALA Philippines effective Jan. 1, 2024. Upon my strong, personal request, he was unanimously elected chairman of ALA Philippines effective immediately.

However, he fervently asked me to carry on as chair because our Supreme Court and he were busy conceiving and implementing their new reform program called the “Strategic Plan for Judicial Innovation” designed to uplift the Philippine judiciary to the “Age of Artificial Intelligence.” In turn, I begged him to please take it immediately because I was, and still am, already an ancient relic who has overstayed as chair since 2015. (Ordinarily, ALA officers serve a term of only three years.) As a compromise, we agreed that I would stay till the end of this year, and that he would take over in 2024.

Aside from him, seven other members of our Supreme Court joined our delegation: JJs Henri Jean Paul B. Inting, Rodil V. Zalameda, Mario V. Lopez, Samuel H. Gaerlan, Jhosep Y. Lopez, Antonio T. Kho Jr., and Maria Filomena D. Singh. Our other delegates included justices of our three appellate courts, retired justices, practicing attorneys, academicians, and government lawyers, totaling 50.

As an ALA member since its founding 40 years ago, I am a happy witness to its storied history. During all these 40 years, consensus has always dominated our discussions and decisions. This rule of unanimity forged our unity despite our diversity in our national histories, customs, traditions, religions, economies, sociology, and forms of government. True, our countries have had differences, especially in our territorial and maritime boundaries. But we have been able to surmount them in peaceful and friendly ways, with consensus as our North star.

FOREMOST AMONG THESE PEACEFUL AND FRIENDLY WAYS is our adherence to the rule of law, and our abhorrence of armed, forcible, insidious, and bullying tactics of settling disputes and claims. We have never used military arms against each other, not even so-called “gray tactics” because we believe in the rule of law, NOT in the rule of the mob, NOT in the rule of propaganda and falsehood, and NOT in the rule of nuclear weapons. We believe in the sacredness of covenants and treaties, and in the efficacy of judicial and arbitral tribunals.

Notably, Asean’s adherence to the rule of law is manifested not only in settling disputes peacefully or in defending territorial integrity, sovereignty, and sovereign rights but also as the best way to safeguard liberty and nurture prosperity.

Since this will be my last address as head of the Philippine delegation, please allow me to bring you back to, and quote partially from, my address during the 12th ALA General Assembly on Feb. 26, 2015, when I humbly assumed the chairmanship of ALA Philippines:

“… My firm belief is that truth is eternal and limitless; that truth is not bound by sovereignty, or territory, or ideology, or legality; that what is true in America is also true in the Philippines, in the Asean, and in the world. And that truth is this: humans need both justice and jobs; freedom and food; ethics and economics; peace and development; liberty and prosperity; these twin beacons must always go together; one is useless without the other.”

I HAVE ALWAYS ESPOUSED “LIBERTY AND PROSPERITY UNDER THE RULE OF LAW.” Even in retirement, I continued my advocacy for these twin and inseparable beacons. In my aforesaid speech in 2015, I mentioned that the Foundation for Liberty and Prosperity, which I humbly organized, helped in securing funds to enable ALA Philippines to host that assembly.

May I report that as of today, the Foundation—together with its like-minded partners and in furtherance of the liberty aspect of its philosophy—has chosen and funded 83 full law scholarships, 16 professorial chairs, and 27 primary winners in its dissertation writing contests. And to promote the prosperity aspect of its philosophy, it granted 10 “Esmel” fellowships for master’s degrees in entrepreneurship, sustainability, management, economics, and business law.

And lately, the Foundation announced its two “ultimate projects:” First, the construction of the Center for Liberty and Prosperity in Metro Manila with an immersive, interactive, AI-powered, and tech-driven Museum for Liberty and Prosperity as its core. The second is the establishment of the multibillion-peso “Prosperity Fund” to help the poor help themselves through private entrepreneurship. Before I leave this earth and enter the Great Beyond, I hope to complete these projects.

As I fade from my humble leadership post, let me express my valedictory wish and prayer that consensus and the rule of law will continue reigning as the methods of attaining liberty and prosperity for the peoples of our region and of the world.

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