The Bar Tribune 20th HOD Special Issue

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Official Publication of the Integrated Bar of the Philippines 15 J. Vargas Avenue, Ortigas Center, Pasig City ENRILe LeADS SPeAKeRS IN 20TH HOUSE CoNFAB AT FORT ILOCaNDia SENATE PREsIDENT JUAN PONCE ENRILE will deliver the keynote address before the IBP 20th House of Delegates which convenes at Fort Ilocandia Resort Hotel, Laoag City, on February 16-18, 2012. Senator Enrile is expected to share his reflections on the convention theme “IBP: Defending the Constitution, Promoting the Rule of Law”
  Official Publication of the Integrated Bar of the Philippines 15 J. Vargas Avenue, Ortigas Center, Pasig City February 2012 SENATE PRESIDENT JUAN PONCE ENRILE will deliver the keynote address before the IBP 20th House of Delegates which convenes at Fort Ilocandia Resort Hotel, Laoag City, on February 16-18, 2012.Senator Enrile is expected to share his reecons on the convenon theme “IBP: Defending the Conston, Promong the Rule of Law” in light of the ongoing impeachment trial of Spreme Cort Chief Jsce Renato Corona.The theme was developed b IBP governors and ocers with reference to the IBP’s ocial posion on the ongoing impeachment trial, which is to ensre that the constonal garantees of due process and fairness are observed and pheld at all mes.Ilocos Norte Governor Imee R. Marcos and Laoag City Mayor Michael Fariñas will welcome the delegates, with. Governor Marcos delivering an Inspiraonal Message and presenng the smbolic e to the province of Ilocos Norte. Other invited speaers are Spreme Cort Associate Jsce Roberto Abad, who will tal on SC iniaves to eect changes in the administraon of jsce ENRILE LEADS SPEAKERS IN 20TH HOUSE CONFAB and A. M ilagros Fernan-Cayosa, a member of the Jdicial and Bar Concil. A. Fernan-Caosa will discss the workings of the JBC as it strives to raise the bar of jdicial excellence.The convenon will devote a signicant part of the proceedings to discussion and consensus-gathering on the “Comprehensive Legal Aid Service for Praccing Lawers” or CLAS, a set of rles that give esh to the Free Legal Assistance Act of 2010 [R.A. 9999] reqiring lawers to render mandator pro bono legal aid service and counseling.Proposals on CLAS have undergone major amendments over the last three ears, the reslt of regional and naonal consltaons organized b the IBP.Also high on the convenon agenda is the discussion of amendments to the 39 ear-old IBP By-Laws, focusing on electoral reforms and the reapporonment of the House of Delegates, which aims to enhance representaon in the IBP. The IBP Committee on Professional Responsibility, Discipline & Disbarment will also present its proposed revised rules on administrave disciplinar proceedings of lawyers. At the heart of the proposal is the need to promote speed disposion of cases and integrity in the legal profession. Meanwhile, the Commiee on the Administraon of Jsce and the Commiee on Law Pracce Management will sbmit their recommendaons for the pilot implementaon of the proposed new rles on adjdicaon of cases, in line with the IBP thrust to achieve speedy disposion of disptes. The House of Delegates is chaired b Naonal President Roan I. Libarios. Overseeing preparaons are Convenon Director Roland B. Inng, host Governor of Northern Lzon Denis B. Habawel and Chapter President host, A. Mariano R. Nalupta, Jr. MAIN AGENDA ● Comprehensive Legal Aid Service● Revision of IBP B-laws● New SC rles on Adjdicaon of Cases ● Revised Rles on Bar Discipline Cases EnrileAbadMarcos  AT FORT ILOCANDIA  T he IBP Northern Lzon Region is honored, privileged and happy to host the 20th IBP House of Delegates at The Fort Ilocandia Resort Hotel, Laoag City, Ilocos Norte. At this crcial me in the democrac life of or naon that the sstem of checs and balances of the three great departments of or repblican government is pt to the test in the impeachment trial of the Chief Jsce of the Spreme Cort, the theme of the Convenon “IBP: Defending the Constuon, Promong the Rule of Law” is most ng and proper. Indeed, with the Conston as bible, it behooves an lawer worth his salt, determined and commied to discharge his solemn oath, to do  jsce to defend at all cost the independence of the Spreme Cort, the last bason or blwar of democrac.I warml welcome all the delegates and gests on behalf of the gratefl IBP Northern Lzon Region with the fervent praer that the Convenon contribte in a sbstanal and meaningfl wa towards naon-bilding. Mabuhay tayong lahat! DENIS B. HABAWEL Governor, IBP Northern Luzon   T his ear’s Naonal Hose of Delegates Convenon in Laoag, Ilocos Norte promises to be pivotal and historic. It is pivotal because it will tackle vital proposals that could bring to a new level IBP’s relevance to the public, the bench and the bar. It is historic becase it comes on the eve of IBP’s 40th founding year.  Message from the President  Pivotal ConventionMost Fitting Teme First on the agenda is the proposed  Comprehensive Legal Aid Service (CLAS),  IBP’s version of the MLAS (Mandatory Legal Aid Service) as recommended b the Naonal Commiee on Legal Aid. The CLAS aims to give esh to IBP’s commitment to promote access to jsce and its mandate to enable the Bar to discharge, through legal aid, its public responsibilit more eecvel. Over the last three years, the proposal has ndergone major amendments to incorporate sggesons in previos regional and naonal consltaons. Second, the IBP Commiee on Revision of Rules will present for plenary discussion its proposed amendments to the 39-ear old IBP- By laws. The thrust is to enhance representaon in the IBP and mae it more dnamic and aned to the changing mes. Third, the Commiee on Professional Responsibility will also present its proposed revised rules on administrave disciplinar proceedings of lawyers. At the heart of the proposal is the need to promote speed disposion of cases and integrity in the bar. Finall, the Commiees on the Administraon of Jsce and Law Pracce will sbmit their recommendaons for pilot implementaon of the proposed new rles on adjdicaon of cases. This is in line with or thrst to promote new road maps designed to achieve speed disposion of disptes. The Convenon will be graced b no less than the man of the hor, Senate President Juan Ponce Enrile. As presiding ocer in the ongoing Senate impeachment trial of the Chief Jsce, Senator Enrile bears the heavy responsibility of ensuring a fair impeachment trial that lives p to the mandates of the Conston and the Rule of Law. Thus, on trial in the Senate is not onl the Chief Jsce bt or commitment to the democrac ideals pon which or instons are fonded. As sennel of law and democrac, the IBP expects no less. Ma this ear’s Convenon, which falls on our 40th founding year, live up to the challenge of greater relevance to the bar, bench and the public. ROAN I. LIBARIOS Naonal Pesident Integated Ba of the Philippines  Message from the Host Region Ofcial Publication of the Integrated Bar of the Philippines   15 J.Vargas Ave., Ortigas Center, Pasig CityTel. No. 63.2 6313014 ● Telefa No. 63.2 9100417Website: Email: We welcoe feedback and suggesons. Please wite to <> A󰁵󰁲󰁯󰁲󰁡 G. G󰁥󰁲󰁯󰁮󰁩󰁭󰁯, J󰁡󰁲󰁹󰁬 A󰁮󰁮 V. R󰁡󰁮󰁣󰁨󰁥󰁺, E󰁵󰁭󰁩󰁲 C. L󰁡󰁭󰁢󰁩󰁮󰁯, C󰁯󰁲󰁯󰁮󰁡󰁣󰁩󰁯󰁮 P. C󰁨󰁵, P󰁲󰁥󰁣󰁩󰁯󰁵󰁳 D. C󰁡󰁺󰁥󰃑󰁡󰁳, V󰁩󰁶󰁩󰁡󰁮 C. C󰁡󰁰󰁩󰁺󰁮󰁯󰁮, M󰁡󰁲󰁩󰁳󰁳󰁡 T. A󰁬󰁭󰁯󰁣󰁥󰁲󰁡, M󰁹󰁬󰁡 L. B󰁥󰁲󰁮󰁡󰁬, R󰁨󰁯󰁥󰁬 B. L󰁥󰁰󰁡󰁳󰁡󰁮󰁡 S󰁴󰁡󰁦󰁦  J󰁯󰁳󰁥 E. S󰁡󰁮 D󰁩󰁥󰁧󰁯 J󰁲.  E󰁤󰁩󰁴󰁯󰁲󰁩󰁡󰁬 C󰁯󰁮󰁳󰁵󰁬󰁴󰁡󰁮󰁴 H󰁥󰁮󰁲󰁹 D. P󰁯󰁬󰁡󰁮󰁣󰁯  G󰁲󰁡󰁰󰁨󰁩󰁣 A󰁲󰁴󰁩󰁳󰁴 Volume 8 No. 2  1 T󰁨󰁥 B󰁡󰁲 T󰁲󰁩󰁢󰁵󰁮󰁥       c      o      n       t      e      n       t      s AS THE IMPEACHMENT TRIAL of Chief Jsce Renato Corona nfolds at the Senate, the IBP expressed “praerfl hope for a fair trial and credible otcome” and lanched an Impeachment Watch to closel monitor and observe the proceedings. Its members are former Spreme Cort Administrator Jsce Zenaida Elepaño, Dean of PCU College of Law and former Jsce Raol Victorino, IBP Governor Denis Habawel, IBP General Consel Pacico Agabin, Dean of Lcem of the Philippines College of Law Soledad Derequito-Mawis, private law praconers Prisimo Bco and Patricia Ann Prodigalidad. Acng as the coordinator and spokesperson is IBP Pblic Informaon Ocer Rose Beatrix Crz-Angeles.In a statement issed on the eve of the trial on January 15, 2012, the IBP Board of Governors called on the “pblic to join in its praer and vigil” and appealed to the Senator-jdges to live p IBP Impeachment Watch Keeping Vigil at the Senate Trial to their oath to render “imparal jsce based on the Conston and the law.” In an earlier statement adopted nanimosl on December 19, 2011, the IBP Board cricized the breanec impeachment of the Chief Jsce, cing procedral and sbstanve isses. “While the President ma have valid isses against the Chief Jsce and the Spreme Cort, the blitzrieg impeachment (based on collegial decisions) erodes, rather than strengthens, the Rule of Law.” The statement added that if the Chief Jsce can be removed for rendering collegial decisions despite the absence of an allegaon of corrpt move or illegal consideraon, then “the Spreme Cort will never be the same again, its  jdicial independence defanged and its magistrates – inclding their decisions -- now at the merc of polical bidding of the rling majorit.”While cricizing the impeachment, the Board, however, refrained from ling an peon to stop the impeachment process, even if this was the course of acon taen b the IBP in previos impeachment cases against Jsce Cladio Teehanee and Chief Jsce Hilario Davide. In jsfing its present posion, the Board cited the “need to maintain instonal independence” and “avoid divisive polical alignments.”Bt to flll its role as a sennel of law and democrac, the Board resolved to create an IBP Impeachment Watch Grop to closel monitor the case, disseminate informaon on the appropriate laws and  jrisprdence and, if necessar, isse observaons on the adherence to the laws b all pares involved.While taing legal isse against collegial decisions being invoked as gronds for impeachment, IBP President Roan Libarios, however, pointed out that the other issues raised by the prosecon, inclding the alleged 45 real estate properes of the Chief Jsce, are “valid and deserve to be answered in the interest of transparency.”  At the press conference launching the IBP Impeachment Watch. Left to right: Attorneys Trixie Angeles, Patricia-Ann Prodigalidad, Zenaida Elepaño, Leonor Gerona-Romeo, Israelito Torreon, Roan Libarios, Vicente Joyas, Olivia Velasco-Jacoba, Florendo Opay, Rose Setias-Reyes and Alice Risos-Vidal. 2  BINAy, DE LIMA HONOR OFWS, SALuTE THE IBP 3  NCLA: REVITALIZED, REINVIGORATED 4  IBP OFW LEGAL AID PARTNERS 5  ATIPAT: THE “A” TEAM 6  IBP VS. HuMAN TRAFFICkING 7  ALL ABOARD THE “CAREAVAN” 7  ICRC AND IBP TACkLE INT’L HuMANITARIAN LAW 8  THE IBP “kATuPARuN” FOR OFW s 10  OUR ROAD MAP 12  THE 20TH IBP BOARD OF GOVERNORS 13  IBP NATIONAL OFFICERS 17  HEADS OF IBP COMMITTEES 18  THE CBD COMMISSIONERS  2 F󰁥󰁢󰁲󰁵󰁡󰁲󰁹 󰀲󰀰󰀱󰀲 The OFW Legal Network  Association of Recruitment AgenciesCenter for Overseas WorkersCommittee on Overseas Workers Affairs Integrated Bar of the Philippines Ofce of the Vice President  – Task Force OFWCommission on Human RightsDepartment of Interior & Local GovernmentDepartment of JusticeDepartment of Foreign AffairsNational Bureau of InvestigationBureau of ImmigrationCatholic Bishops Conference of the PhilippinesEpicopal Commission for the Pastoral Care of Migrant & Itinerant PeopleVisayan Forum Foundation, Inc.Migrante InternationalBantay OCW Foundation, Inc.GMA 7 DZBB RADIOEagle Broadcasting CorporationBlas Ople Policy Center & Training InsttuteInternational Seafarers Action Center PhilippinesDepartment of Labor & EmploymentDepartment of Social Welfare & DevelopmentPhilippine Overseas Employment  AdministrationOverseas Workers Welfare  AdministrationCommission on Filipinos Overseas Mamanwa leader Ginggin Analagan from Kitcharao,  Agusan del Sur tells the audience at the 4th Mindanao Human Rights Summit how soldiers burned her village during a military operation. IBP President Roan Libarios, himself a Mindanaoan from Agusan del Norte, challenges the delegates of the 4th Mindanao Human Rights Summit to push for a negotiated settlement on the peace talks in pursuit of human rights. “There will be no lasting promotion of HR when people are subjected to the human rights violations of continuing armed conict,” he said. Evelyn Badol, a pregnant farmer from Arakan, North Cotabato shares how soldiers arrested his relative Noli Badol whom the military alleged is a member of the New People’s Army. Binay, De Lima honor OFWs, salute IBP initiatives VICE PRESIDENT JEJOMAR BINAy and Jsce Secretar Leila De Lima have appladed the eorts of the IBP in addressing the condions of overseas Filipino worers. Binay, represented by his daughter Cong. Abigail Binay, and De Lima were special gests dring the lanch in September 2011 of the IBP OFW Legal Networ and the An-Tracing in Persons Acon Team (ATIPAT), part of the weelong celebraon of Naonal Law Wee.Bina is principal Presidenal Adviser on OFW Concerns, Chairman Emerits of the Inter-Agenc Commiee Against Tracing (IACAT), and Chairman of the Presidenal Tas Force Against Illegal Recritment (PTFAIR).“I have been briefed on or plan to create an OFW legal assistance nit and an acon team against hman tracing in every chapter of the IBP, and I have nothing but the highest words of encoragement and spport for this iniave,” said Bina. “This is an nprecedented move on the part of the IBP and will wor hand-in-glove with or government’s on-the-grond program against hman tracing and to protect or OFWs, who remain potenal targets of exploitaon b criminal minds.”Bina drew aenon to the strides achieved b the government in the ght against hman tracing, moving from Tier 2 watchlist to Tier 2 standing within for months in 2011, in the uS State Department’s 2011 Tracing in Persons Report. The vice president’s goal, however, is to mae it to Tier 1. “There are no great secrets. We now what needs to be done....We mst recognize that hman tracing is not onl a crime against its specic vicms, bt above all a crime against or own people, and against their very future.” Meanwhile, Secretar De Lima lamented the fact that millions of Filipinos have to wor in other contries jst to earn a living. “That toda’s OFWs have to leave home jst to provide for their families alread smacs of injsce,” said De Lima.“That the shold fall pre to illegal recriters, oppressive and absive emploers and hman tracing sndicates aggravate the injsce,” De Lima added, congratlang the IBP project as “a gestre both of charit and of jsce.” The IBP OFW Legal Networ brings together government agencies, private organizaons and NGO’s to address the legal concerns of OFWs. Crrent esmates place the nmber of OFWs at 10 million, wh ich means that abot one in 10 Filipinos is an OFW. The Bango Sentral reports that OFWs remied an esmated $16.5 billion in the rst 10 months of 2011. De Lima drew historical parallels between OFWs and “the pioneering expatriates of hmanind,” sch as the seafarers from the Malaan peninsla and the Sri-Visaan empire, the Eropean colonizers and missionaries and merchants from China.She was, however, qic to disngish between the two. “The former (seafarers, colonizers and merchants) le home as might polical and economic powers in the qest for dominaon. Toda’s OFWs leave home as vlnerable individals simpl in search of srvival and beer lives.”The non-government organizaon Migrante Internaonal, one of IBP’s partners in the project, reports some 3,000 emploment-related cases involving OFWs. There are also 122 OFWs in death row worldwide, with most of the cases in China, according to Migrante Chair Gar Marnez.“Toda, we refer to or OFWs as ‘modern-da heroes,’ De Lima said. “With the IBP iniave, we can mae sre the will remain exactl that - ’Heroes’, not martrs. Heroes who will come home one da to their families here. Home one da, alive and well.”   Voices at the 4th Mindanao Human Rights SummitCAP Grand Auditorium, Davao City, December 2, 2011
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