Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
September 2012
CJ Sereno calls for reflection. IBP President Libarios and CJ Sereno pose with the other members of the 23rd POLA Executive Committee
courts of Quezon City. Approval of the rule was recommended by Senior As- see page 7
- see page 4
10
POLA Nights
to Remember
12
VP Binays
speech in POLA
23
The
Bar TriBune
Vol. 8
No. 6
Official Publication of the
Integrated Bar of the Philippines
ROAN I. LIBARIOS
National President
Eumir C. Lambino
Layout Artist
Programme HigHligHts
DAY 1
R.A. 7279, Lina Law
Lecturer: Atty. Jose D. Lina Jr.
Updates in Intellectual
Property Law
Lecturer: Atty. Ramon S. Esguerra
Fellowship Night
Guest Performers
Chapter Presentations
Raffle
DAY 2
Updates in Criminal Procedure
(Substantive & Procedural Law)
Atty. Ramon S. Esguerra
Oral Advocacy (Legal Writing &
Oral Advocacy)
Lecturer: Atty. Israelito P. Torreon
Updates in Civil Procedure
(Substantive & Procedural Law)
Lecturer: Atty. Vicente M. Joyas
Duties of a Lawyer to His Client
(Legal Ethics)
Lecturer: Atty. Dennis A.B. Funa
DAY 3
Special Protection for Women &
Children (Substantive &
Procedural Law)
Lecturer: Atty. Cecilio D. Duka
Labor Arbitration (ADR)
Lecturer: Atty. Cecilio D. Duka
Plenary Session & Approval of
Resolutions
Closing
Pre-Convention: September 19, 2012
Leyte Park Gym
Magsaysay Street,
Tacloban City
Sports Events: Basketball, Chess,
Badminton
Cristifil D. Baluma
Ferdinand A. Pepito
Earl M. Bonachita
Rolando P. Dubongco
Cesar T. Mabansag
President, Northern
Samar Chapter
September 2012
- Intl Bar... from cover
The Manila Declaration includes a
6-point commitment by POLA member
countries and associations to encourage
lawyers to promote human rights and
peace, promote awareness of UN conventions on the protection of migrant workers
and victims of international trafficking and
cross-border crimes, commit to the protection of migrant workers among POLA
members, recognize the need for strong
and independent bar organizations for
the competent and efficient delivery of
legal services, strengthen cooperation in
promoting legal aid programs for migrant
workers, and provide legal aid in an equitable and accessible manner.
The Presidents Meeting discussed
three other draft resolutions corporate
social responsibility; human trafficking,
drugs and cross-border crimes; and promotion of labor standards in globalized
employment markets which are still subject to further discussions in POLA.
SECOND TIME FOR IBP
Represented by the IBP, the Philippines won the privilege of hosting the 23rd
POLA Conference during the 22nd Con-
September 2012
- from page 5
cooperation and governance and the experience of the modern People Power revolts is helping us get started in manifesting such power in governance structures.
(See separate story on CJ Serenos talk.)
CJ BARES CHALLENGES
NON-LEGAL TALK
It was not always legal talk for the
conference of, for and by lawyers. General Electric Philippines CEO J. V. Emmanuel De Dios, who is himself a lawyer,
talked about GE technological innovation,
investments in ASEAN and transformational leadership.
Department of Tourism Undersecretary Atty. Apolonia Jr. gave a glimpse of
Philippine culture and explained why Its
More Fun in the Philippines. There was
also a bit of irreverent history courtesy of
social commentator John Silva.
The 24th POLA will be held in Japan
next year while the 25th will be held in
Australia. (JESD)
terms of our social and political interactions in the sphere of governance and
be thankful for ushering in a unique phenomenon such as People Power, and
now we have started introducing into our
governance structures the manifestations
of People Power in different forms.
ENVIRONMENT & TECHNOLOGY
PROMISES OF DEMOCRACY
September 2012
MANILA DECLARATION
For the Protection of Migrant Workers and Victims of
International Trafficking and Cross-Border Crimes
DIETER YIH
KUMAR RAMANATHAN, SC
President
Law Council of Australia
President
The Law Society of Hong Kong
Chairman
Hong Kong Bar Association
PRASHANT KUMAR
JUSTIN DOWD
President
The Law Society of New South Wales
KENJI YAMAGISHI
President
Japan Federation of Bar Associations
President
Ho Chi Minh City Bar Association
President
Bar Council of Malaysia
JONATHAN TEMM
ROAN LIBARIOS
LOK VI MING
President
New Zealand Law Society
President
Integrated Bar of the Philippines
Vice-President
Law Society of Singapore
DAVID LIOU
ISOMI SUZUKI
President
Taiwan Bar Association
President
Korean Bar Association
President-Elect
Inter-Pacific Bar Association
President-Elect
LAWASIA
Head of Department of
International Cooperation
Perhimpunan Advocat Indonesia
DRISS CHATER
AKIRA KAWAMURA
President
Union Internationale Des Avocats
President
International Bar Association
23rd POLA Chairman Roan I. Libarios presides over the POLA Presidents meeting for the adoption of the Manila Declaration
September 2012
CLOSING FELLOWSHIP
10
Iloilo, La Jota Moncadea, Vinta/Silong, Singkil (Lanao); Maglalatik (Bian, Laguna); Binasuan (Pangasinan), Sayaw sa Bangko, Kadang, Kalatong / Bulaklakan / Subli and perhaps the most popular of all, the
Tinikling, which a number of foreign delegates tried
11
September 2012
Keynote speech of Vice President Jejomar C. Binay during the opening ceremonies of the
23rd POLA Conference, August 28, 2012, Marriott Hotel, Pasay City.
12
13
September 2012
ANTI-TRAFFICKING CAMPAIGN:
THE PHILIPPINE EXPERIENCE
(Speech delivered by Justice Undersecretary and former IBP President Jose Vicente B. Salazar
at the 23rd POLA Conference, Marriott Hotel, August 28, 2012.)
of exploitation and victimization
are sub-human. Putting an end to
them called for an expansive and
formidable front.
14
15
September 2012
First Lady CJ
The then 50-year old lawyer-academician was President Aquinos first appointee to the Supreme Court on August 16,
2010. The youngest to be so appointed in
this century, Chief Justice Sereno brought
with her years in active law practice, particularly in the field of local appellate and
international arbitration, and rich scholastic achievements.
She was a professor at her alma mater, the University of the Philippines (UP)
College of Law, for almost 20 years, starting November 1986. She challenged her
students to strengthen their understanding
of the architecture and philosophy of the
law. She also taught law and economics
at the Philippine Judicial Academy; international trade law at the Hague Academy
of International law, University of Western
Australia, and Murdoch University; electronic commerce law at the AIM, and international trade law at the Department of
Foreign Affairs-Foreign Service Institute.
Prior to her appointment to the SC,
Chief Justice Sereno was Executive Director of the policy think-tank of the Asian
Institute of Management since February
2009; and, from April 2000, President of
the Accesslaw, Inc., which had provided
the first electronically-searchable original
legal annotations on general statutes and
tax issuances in Philippine law.
From 1995 to 2002, she was Consultant for Judicial Reform, working with
the United Nations Development Program, the World Bank, and the United
States Agency for International Development. She wrote the first judicial reform
framework for the UNDP, an international
agency, wherein she connected judicial
16
CJ Sereno escorted by Atty. Danilo Concepcion, UP Law Dean, (left) and Atty. Alfonso Reyno,
Jr., Director of UP Law Alumni Association (right)
17
September 2012
many names, the ASSO (Arrest language, 18 years of possibilities of the dissertation entitled The InSearch and Seizure Order), the of building generations of judges terface Between the National Land
PCO (Presidential Commitment Or- committed to lives of uprightness Law and Kalinga Land Law -der), and the PDA (Preventive De- and judicial excellence and a viThe issue of preservation as
tention Action). It was a time when sion of a judiciary that is truly noble, opposed to usurpation of ancestral
the State called its violence law upright, independent, learned and land is the central theme of the inwhile the dissent of an awakened excellent.
terface between national and indigpeople, a grave crime.
A week later, in a mock poll enous land laws. xxx At the heart
In this political cauldron of tur- conducted by the IBP Governors of the issue is the colonial and unbulence and awakening was mold- and national officers, she placed a just Regalian doctrine, the bedrock
ed the young aspiring lawyer, Ma. strong second among the 22 nomi- upon which national land laws are
Lourdes Punzalan Aranal. Meilou, nees. A month later, on August 25, based. This legal fiction of the Reas she was fondly called, excelled 2012, she was anointed by Presi- galian doctrine provides the justifiin academics and campus activi- dent Aquino as the 24th Chief Jus- cation for the massive appropriation
ties. She was bubbling with life and tice of the Supreme Court.
of ancestral land. It has also been
bursting with energy. In her first year,
Tonight, I am tasked to share used to deny native title to ancesshe was crowned Miss Lawfest. In a brief testimonial on our distin- tral land by the legal fiction that beher senior year, she was crowned guished honoree, the new Chief fore a Filipino can claim ownership
Mrs. Jong Sereno. She tackled the Justice of the land.
to land, he must prove title from the
rigors of scholarship, school-relatAt the outset, let me tell you that State as evidenced by documentaed concerns and marital duties but she is a woman of many fine quali- tion. xxx
still found time to
The aspiring
join protest activilawyer did not only
" She was initially reluctant to accept the
ties, revealing her
dissect the conflict
strong sense of nomination and sought the advise of a nun. The between Regalian
social consciousdoctrine and annun
told
her
that
it
may
be
Gods
design
for
her
to
ness and responcestral land rights
become Chief Justice and the only way to divine but also called for
sibility.
Two decades Gods plan is to accept the nomination. Otherwise, recognition of inlater, on August
digenous peoples
how
else
would
she
know
that
it
was
Gods
plan
16, 2010, the
native title and the
for her to become the Chief Justice. And so she legitimacy of their
young
aspiring
lawyer of Class
accepted the nomination. The rest, as they say, struggle to pre1984 was cataserve their ancesis
'herstory.'
"
pulted to the hightral lands. It was a
est court of the
ground-breaking
land. At age 50, she joined the Su- ties. But tonight, let me focus on dissertation which, in later years,
preme Court as its youngest Asso- what I consider as her three defin- was reprinted in book form by the
ciate Justice. Two years later, she ing qualities as a person that could UP College of Law, published and
became a nominee for Chief Jus- greatly shape her performance as cited in several international jourtice.
Chief Justice -- a high sense of so- nals, indexed in international law liOn July 20, 2012, she appeared cial consciousness, strong inner braries, and extensively cited in Suin the IBP Forum on the Search for courage, and sturdy spirituality.
preme Court decisions. By the way,
the Next Chief Justice where she
Early in our college days at Mal- may I also add, by way of obiter, that
presented for the first time her ju- colm Hall, our Chief Justice already I co-authored that seminal dissertadicial philosophy of Vision, Cour- displayed a strong sense of social tion which helped legal advocacies
age and Accountability. Before the consciousness and bias for the un- on ancestral land rights.
members of the bar, she revealed derprivileged. To illustrate, let me
As Associate Justice of the Suthat her past 52 years have not cite a dissertation published in 1984 preme Court, our honorees strong
been young years; they have been in the Philippine Law Journal where sense of social consciousness
years of adversity; years of paying she critically tackled the conflict be- found its way into her decisions. A
the price of convictions, of incon- tween the Regalian doctrine and case in point is her vigorous Dissent
venience, of having to work dou- national land laws vis--vis ances- in the coconut levy cases, where
bly hard, of avoiding shortcuts and tral land rights. For clarity, allow me she ruled to protect the interest of
easy road. She presents, in her to quote some relevant passages the coconut farmers over the San
18
IBP National President Roan Libarios and CJ Ma. Lourdes Sereno poses with members of UP Law Class of 1984
19
September 2012
20
21
September 2012
further judicial affidavit, documentary, or object evidence shall be
admitted at the trial.
c. If the accused desires to be heard
on his defense after receipt of
the judicial affidavits of the prosecution, he shall have the option
to submit his judicial affidavit as
well as those of his witnesses to
the court within ten days from receipt of such affidavits and serve
a copy of each on the public and
private prosecutor, including his
documentary and object evidence
previously marked as Exhibits 1,
2, 3, and so on. These affidavits
shall serve as direct testimonies
of the accused and his witnesses
when they appear before the court
to testify.
Sec. 10. Effect of non-compliance
with the Judicial Affidavit Rule. (a) A
party who fails to submit the required
judicial affidavits and exhibits on time
shall be deemed to have waived their
submission. The court may, however,
allow only once the late submission
of the same provided, the delay is
b. The court shall not consider the affidavit of any witness who fails to
appear at the scheduled hearing of
the case as required. Counsel who
fails to appear without valid cause
despite notice shall be deemed to
have waived his clients right to
confront by cross-examination the
witnesses there present.
c. The court shall not admit as evidence judicial affidavits that do not
conform to the content requirements of Section 3 and the attestation requirement of Section 4
above. The court may, however,
allow only once the subsequent
submission of the compliant replacement affidavits before the
hearing or trial provided the delay
is for a valid reason and would
not unduly prejudice the opposing party and provided further,
To find out more about the CAPPB, including eligibility requirements for pro
bono legal assistance, visit www.cappb.org or email the CAPPB Secretariat
directly at cappb@lawcouncilasn.au
22
Chapter News
IBP Cotabato City President Noel Ben (seated) with volunteers at the IBP Cotabato Chapter
23
September 2012
Chapter News
in disrepute.
The national president also invited
the local lawyers to attend IBPs 40th
founding anniversary and National
Convention in Davao City on January
15-18, 2013 as well as the upcoming
IBP Mindanao Conference in Zamboanga City on October 8-10, 2012.
Libarios was accompanied by IBP
Western Mindanao Governor Atty.
Florendo Opay of Iligan City. In his
talk, Gov. Opay congratulated the local officers for their unity and active
involvement in IBP affairs.
The Testimonial Dinner, which is
scheduled annually, was organized
under the leadership of Attys. Michael
Ajoc and Kenneth Rosal, the IBP local
chapters current President and Vice
(Left to right) RTC Executive Judge Porferio Mah, IBP National President
Roan Libarios and IBP Zamboanga del Norte President Michael Ajoc.
President Libarios (center) and IBP Western Mindanao Governor Atty. Florendo Opay
(extreme left) pose with the new lawyers of IBP Zamboanga del Norte.
24
President, respectively.
Government lawyers, private
practitioners including incumbent and
retired trial court judges attended the
event, notably, RTC Executive Judge
Porferio Mah, MTCC Judge Dante Vittorio Dalman and retired RTC judges
Yolinda Bautista, Soledad Acaylar
and Primitivo Abarquez, Jr..
The newest IBP-ZN members are:
Attys. Ma. Liezelda Abas-Regaon,
Elma Awit, Arvin Bonbon, John Elumba, Adolfo Lopez, Jr., Patrick Mabaggu, Ivan Louie Pacatang, Jasmine
Pinsoy, Amalou Tumapon and Philline
Rosame Reluya who all passed the
November 2011 Bar Examinations
and who were admitted to the legal
profession early this year.
Chapter News
(Left to right): IBP Masbate Chapter President Rosalito Apoya, IBP Camarines
Sur Chapter President Antonio Rivero, IBP Governor for Bicolandia Leonor Gerona-Romeo, IBP Camarines Norte Chapter President Atty. Elaine Gay Belen
and Masbate Vice Governor Vicente Homer Revil.
At the Bench and Bar Dialog held during the Regional Meeting of the IBP Bicolandia Region in Masbtae: IBP Masbate Chapter Vice President Teofilo Tambago
(fourth from right) with guests from the Public Attorneys Office, Prosecutors Office and private practitioners.
25
September 2012
MINDA HR LEADERS
SEEK IBP LEGAL AID
President Libarios and NCLA Director Rosario Setias-Reyes met with officers of Makabayang Koalisyon ng Mamamayan on September
10. Also in photo is NCLA Deputy Director Ma. Gemma Oquendo.
26
IBP HELP
SOUGHT BY
DENR
The cool Justice: Abad
answers a text message
Voice from the academe: De La Salle Law School Dean Chel Diokno (front row, right).
To his right: Peer Assistance Director Alice Risos-Vidal, Bicolandia Governor Gerona-Romeo,
Western Mindanao Governor Bob Opay and IBP Librarian Cherryl Artajo.
Emcees all: IBP National Executive Director Joe Cabrera, IBP Makati Chapter
President Grace Quevedo-Panagsagan and IBP Makati Director Arnold Corporal.
27
September 2012
EMPOWERMENT THROUGH
EDUCATION AND CONSCIOUSNESS-RAISING
Atty. Rosario T. Setias-Reyes, National Director for Legal Aid headed the training for paralegals
28
LECTURERS
Atty. Ambrosio
Atty. Mercado
the participants.
Upon request of Pasig Citys Association of Barangay Captain (ABC)
President Ferdinand Avis, a similar
training on Katarungang Pambarangay Law is scheduled to be held
soon in other barangays in Pasig City
in order to enhance the knowledge
of the barangay officials in effectively
discharging their functions.
Workshop
Atty. Rivero
Prosecutor Amador Y. Pineda, eldest son of Dean Pineda, received the welfare benefit assistance
check and Mass Card from Atty. Alicia A. Risos Vidal, IBP Peer Assistance Director.
29
September 2012
At the IBP-POEA MOA signing (left to right, seated) Governor for Southern Luzon Vicente Joyas, President Roan Libarios, POEA Administrator Hans Leo Cacdac
and Deputy Administrator for Licensing and Adjudication Jaime Gimenez. Together with the other members of the POEA delegation, IBP leaders who witnessed
the ceremony were Governor for Bicolandia Leonor Gerona-Romeo (standing, left) and IBP National Director for Legal Aid Rosario Setias-Reyes (standing, center).
IBP Governor for Western Mindanao Florendo Opay paid a courtesy call on Major General Ricardo
Rainier Cruz III, Commander of the
1st Infantry Division last September 1 at the Army Camp in Pulacan,
Tukuran, Zamboanga del Sur. Aside
from promoting peace and environment concerns, Governor Opay also
requested road security for the 4th
IBP Mindanao Regional Convention
to be held in Zamboanga City from
October 8 to 10.
30
4 September 2012
I am writing to congratulate you and the Integrated Bar
of the Philippines on the success of the 23rd POLA Conference.
The Australian delegation were impressed with the structure and content of the Conference program and its seamless delivery.
I also found the Presidents meeting to be valuable. I
think we need to look at how we can record and action
decisions for the future.
It was a great honour to be present at the first public engagement of your new Chief Justice and we will watch her
future career with interest.
Please accept my sincere thanks for your warm hospitality and I look forward to meeting you again at LAWASIA
in Bali later this year.
Again, congratulations and thank you.
CATHERINE GALE
And, it certainly was a lot of fun in the Philippines,
President
Law Council of Australia thanks to the efforts of the IBP.
11 September 2012
I write to acknowledge and thank you, and your colleagues, for the superb 23rd POLA Conference in Manila.
It was a memorable event, well organized and well run.
I wanted to convey my appreciation for everything
that you and your colleagues did to put on such a spectacular occasion.
You are also to be commended for the Vice-President
of the Republic of the Philippines open the conference
and to secure a speech by Chief Justice Sereno, as her first
public engagement.
JONATHAN TEMM
President
New Zealand Law Society
September 12, 2012
Thank you for organizing an excellent POLA Conference.
As President of Integrated Bar of the Philippines, you
and your team took great pains to make all the delegates
comfortable. During all the four sessions, we had qualitative discussions.
The evening programmes on all the three days were
excellent and enjoyable.
It was my first visit to Manila, I enjoyed my stay and
look forward to come back again to visit places outside
Manila especially the beaches. Please let me know if the
IBP need any legal advice/ assistance in India.
YAKESH ANAND
Bar Association of India
IBP: Celebrating 40 years, 1973-2013
31
22
32
FRANCIS B. CALSIYAO
ABRAHAM F. DATLAG
WILSON K. KALANGEG
EMMANuEL C. RASING
Kalinga-Apayao
La union
Mountain Province
Nueva Vizcaya
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(074) 442-8937
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CECILIO ALEJANDRO C. VILLANuEVA IBP Office, Provincial Capitol, Malolos, Bulacan
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NORTHERN LUZON
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CONDE CLARO C. VENuS
Baguio-Benguet
FRANKLIN B. CALPITO
Cagayan
ORLANDO D. BELTRAN
Ifugao
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Ilocos Norte
MARIANO R. NALuPTA JR.
CRISTIFIL D. BALuMA
FERDINAND A. PEPITO
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ROY PERCIVAL M. PEREz
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zambasulta
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Cotabato
NOEL A. BEN
Lanao del Norte
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Misamis Occidental DANIEL C. LAO
North Cotabato
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ELVIE E. ALBANO
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zamboanga del Sur EDGAR B. BONGALOS
zamboanga Sibugay RICHARD B. RAMBuYONG
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ALFONSO L. SALCEDO
EASTERN MINDANO
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ARCEDEL I. LIBARIOS
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ROLANDO P. DuBONGCO
Samar
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Southern Leyte
MANuEL L. ENAGE, JR.
WESTERN VISAYAS
Aklan
FLORA B. ALMERO
Antinque
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Capiz
LORENCITO B. DIAz
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ROMMEL C. BELLONES
Iloilo
PAuLINO L. SALMON, JR.
Negros Occidental
FILOMENO B. TAN, JR.
Negros Oriental
ARTuRO M. DuPIO
Bohol
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Cebu City
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President
EASTERN VISAYAS
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MELJOHN B. DE LA PENA
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FebSeptemberruary
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September 2012
Bar Tribune September 2012