SPEECH - 8th IBP EASTERN VISAYAS REGIONAL CONVENTION
February 6, 2008

SPEECH - 8th EASTERN VISAYAS REGIONAL CONVENTION
6 February 2008
Sabin Resort Hotel, Ormoc City

Ladies and gentlemen, dear brothers and sisters in our beloved legal profession, I am touched by the very warm welcome of our hosts in this beautiful city of Ormoc. Let’s give a hand to our dynamic Governor for Eastern Visayas, Atty. Evergisto S. Escalon and to his hardworking officers and staff. And of course to all our members in Eastern Visayas, welcome.

When I formally assumed the IBP National Presidency last July 2007, I declared that one of the key pillars of my term would be to address the pressing issue of extra-judicial killings, as well as to highlight both awareness and protection of our political and civil rights. Indeed, I find great comfort and assurance that our lawyers in Eastern Visayas share the same vision and conviction. Our theme for this year’s convention is truly very appropriate – “Lawyers: Vanguards of Civil and Political Rights.”

We are fortunate as advocates of the law because at this point in our history, we have an activist Supreme Court that is very concerned with human rights and personal liberties. Through the historic initiatives of Chief Justice Reynato S. Puno, the Highest Court has expanded the menu of available legal processes that ensure maximum guarantees to any citizen’s civil and political rights.

Our modern legal system is barely a century old but we have benefited from earlier legal developments around the world, and we have adopted these measures to fit our local conditions. The writ of habeas corpus, which guarantees against the deprivation of a person’s liberties, originated in England during the Middle Ages.

The United States pioneered the writs of mandamus, prohibition and certiorari, while the writ of respondeat superior traces its roots to Taiwan.

These writs have firmly established themselves in our Rules of Court and in our jurisprudence. But the last few months have seen the introduction of two forms of writ which, while new to the Philippine setting, have already matured for several decades in Europe and South America. I am referring to the writ of amparo and the writ of habeas data.

The two new writs first came to public attention when the Supreme Court initiated the National Summit on Extra Judicial Killings and Enforced Disappearances last July 2007.

Intense consultations with lawyers, human rights groups, members of the religious sector, and various other stakeholders strengthened the message that additional legal safeguards need to be placed in our judicial system for human rights protection, particularly in the light of renewed intensification of police and military abuses on those who dissent and express dissatisfaction with government. And that number has been growing because of our continuing political and economic difficulties.

The writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The Rule on the Writ of Amparo officially took effect last October 24, 2007, and there already have been three such writs granted by the Supreme Court since its short lifespan.

On the other hand, the writ of habeas data is much newer, and took effect only last Friday, February 2, 2008. Being largely based on the experience of Latin American countries where several oppressive dictatorships used forced disappearances and extra-judicial killings to silence government critics, the writ of habeas data gives individuals the right to find out what information is being kept about them, and seeks to protect the right to find out what use and for what purpose such data are being collected.

My dear colleagues, I know that these new legal processes need our time and dedication to learn by heart. But if we need to be true to our theme for today, that we need to be vanguards of civil and political rights, we must fully embrace these two writs so they can be useful tools in our legal arsenal. Eventually, they should become part of our MCLE courses so that when the time comes when our clients, or even our families and those close and dear to us need the protection of the writ of amparo or the writ of habeas data, we may be able to use them effectively and successfully.

As lawyers, we fully know that no one is above the law, that is why we prosecute cases to secure justice. But more importantly, no one should be below the law. The fullest guarantees to every Filipino’s civil, political, economic and social rights are enshrined in the Constitution. But it can’t be denied that there are times when these are violated and trampled upon.

It is therefore our duty as lawyers to use the news and old tools available to us so we can best address instances of human rights violations. When the proper time comes, we should be ready. When the need arises, we should not hesitate to go to court and use these various writs which are meant to better address our specific human rights concerns.

Human rights should be our utmost and primordial concern. As one of our great Filipino lawyers, the late Senator Jose W. Diokno said, “No cause is more worthy than the cause of human rights. They are what makes a man human. Deny them and you deny man’s humanity.”

Let’s rise to the challenge of being vanguard’s of our people’s rights. We owe it to our country, and we owe it to ourselves as members of the noble profession.

Thank you very much. Here’s to the continued success of the Integrated Bar of the Philippines Chapter in Eastern Visayas. Congratulations to all of you on a very successful Convention!

Thank you very much.