October to Volume II December 2013 Issue no. 4

The Official Publication of the Foundation for Liberty and Prosperity

One Year CONTENTS

Liberty and Prosperity: . at a Glance B Balancing critique and utopianism ...... 2 he “Liberty & Prosperity Journal” came out The Indigenous Peoples Rights Act (IPRA): . A Vehicle for Liberty & Prosperity ...... 4 with its maiden issue (September to December 2012), together with two succeeding issues Comparative Analysis of the MOA on . T Ancestral Domain and the Framework . (January to March 2013 and April to June 2013) by Agreement on the ...... 5 the second quarter of 2013. These were distributed as e-copies (in PDF format) to guests who were invited to the musicale “Ageless Passion” (December 20, 2012). Apart from the VIPs who received copies of the e-newsletter via e-mail, all FLP professorial chair holders (law school deans) also received the same and were asked to disseminate it to their respective law schools for the information and benefit of students and faculty alike.

Third Public Lecture

On March 6, 2013, Dean Joan Sarausos-Largo of the University of San Carlos, delivered her (Photo) Students and faculty of the University of the Cordilleras applaud during the first professorial lecture held in Baguio City, first lecture aptly titled “The Powerful Judiciary on October 3, 2013—the biggest audience to attend an FLP- and the Concept of Rule of Law in the : sponsored event since the launching of the professorial chairs at Correlations, Consequences and Implications” at the Metrobank Auditorium, Makati City. the Albert van Gansewinkel Hall, University of San Carlos, Cebu City. of Commerce and Industry also expressed their Her lecture was warmly commended by warm remarks and appreciation. Also in attendance retired Chief Justice Artemio V. Panganiban and were the President of IBP Cebu City Chapter Atty. retired Chief Justice Hilario G. Davide, Jr. Mr. Earl Bonachita, the President of the IBP Cebu Aniceto M. Sobrepena, President of the Metrobank Chapter Atty. Ferdinand Pepito, USC President Fr. Foundation; Mr. Gordon Alan Joseph, President of Dionisio Miranda, SVD, and USC Vice President for Cebu Business Club; Mr. Philip Tan, President of Academic Affairs Fr. Anthony Salas, SVD, as well Mandaue Chamber of Commerce and Industry; and as Court of Appeals Justices and Judges of Cebu, Mr. Efrain Pelaez, Jr., President of Mactan Chamber Mandaue, and Lapu-Lapu. continued on page 2...

Subscribe to our Online Newsletter : Libertywww.libpros.com & Prosperity Journal • 1 Liberty and Prosperity: continued from page 1... rights, ancestral domain claims, and their economic out the constitutionality of the Pacific A written copy of the lecture as well as a copy of the implications. Economic Zone and Freeport (APECO) by arguing Balancing Critique PowerPoint presentation were submitted to the FLP The open forum welcomed insightful for or against the proposition to amend R.A. 9490 secretariat by Dean Largo. A PDF copy of the lecture comments and additional discussions from FLP otherwise known as the Aurora Special Economic and Utopianism is accessible and downloadable via the FLP website. Education Committee Chair Dr. Edilberto C. Zone Act of 2007 (Republic Act No. 10083). Debate de Jesus (also former Philippine Department of teams impressed the diverse audience, and earned Kristian Jeff Agustin Fourth Public Lecture Education Secretary and Deputy Commissioner of accolades from retired Chief Justice Panganiban. the Presidential Office of the Peace Commission) The teams consisted of Block 1-B’s Leo Balancing act On 18 April 2013, incumbent Chancellor of the and Ateneo Law Professor Atty. Camilo Miguel M. Arman Galang, Christopher Reyes, and Kenneth Philippine Judicial Academy (PhilJA) and retired Montesa (also former head of the Peacemaking and Varona (affirmative panel); and Block 1-A’s Abby dvocacies espousing equality, freedom of Supreme Court Justice Adolfo S. Azcuna fulfilled his Peacekeeping Group in the Office of the Presidential Castelo (awarded Best Speaker), Ponce Lopez, and speech, free press, social responsibility, first commitment to the Foundation for Liberty and Adviser on the Peace Process or OPAPP). Steffi Sales (negative panel). The former argued A and the like are grounded on normative Prosperity as a professorial chair holder by delivering Dean Candelaria submitted to the FLP the unconstitutionality of R.A. 10083, stressing the discourse and ethical principles characteristic of his lecture entitled “Supreme Court Decisions on secretariat the written copy of his lecture, which is negative implications on social justice and human civilization, and concomitant of modernization. the Economic Provisions of the Constitution“. He publicly accessible online and downloadable via the rights, while the latter weighed on the difference However, most contemporary and current trends was the fourth to deliver the Chief Justice Artemio FLP website. between implementation issues as questions of more or less emerged from the idea of the public V. Panganiban Professorial Chairs on Liberty and fact and enduring questions of law and justiciable sphere and deliberative democracy put forward by Prosperity, and the first and only to deliver outside a Sixth Public Lecture controversies. The debate was successfully organized sociologist and critical thinker Jürgen Habermas1 law school setting. Apart from retired Chief Justices in partnership with the St. Thomas More: Society of (1962), whose utopian ideals hitherto generate Hilario G. Davide, Jr. and Artemio V. Panganiban, A successful lecture was delivered by Dean Advocates of the Ateneo Law School. ripples. Decades later, Yale scholar Seyla Benhabib2 the event was attended by retired Supreme Court Reynaldo U. Agranzamendez of the University of The position papers of both teams were argued that normative theories lie in between justices, judges, government officials, lawyers, law the Cordilleras College of Law on October 3, 2013 at submitted to the FLP in lieu of a lecture by Dean highly critical discourse and utopian ideals (1986), school deans, professors, and students alike. the UC Theater, Baguio City. Aside from attracting Candelaria. These are publicly accessible via the FLP as if such a spectrum exists. Benhabib’s critique of Retired SC Justice Bernardo P. Pardo a number of lawyers, academics and students, his website. Habermas’ normative (and almost reformist) views delivered the opening remarks, while Metrobank discussion on “The Indigenous Peoples Rights Act elucidated the diminishing of “utopian dimensions Foundation President and former Cabinet Secretary (IPRA): A Vehicle for Liberty & Prosperity” was Mid-year Planning by the Executive Committee of critical theoretical thought” (Misgeld 1987) Aniceto M. Sobrepeña gave a message of support also witnessed by guests from local government entailed in Habermas’ endorsement of practical during the program commencement. units, NGOs, and indigenous communities, press On June 24, 2013, the Executive Committee convened discourse.3 Benhabib further explained that utopian A written output of Chancellor Azcuna’s and media outfits who all gathered and filled the to specifically review and assess the Professorial dimensions are framed within abstract concepts lecture was submitted to the FLP secretariat as partial 700-capacity auditorium to standing-room-only, Chairs Program of the FLP. After a long discussion, (i.e., solidarity, friendship, love and care) instead of fulfilment of his commitment as a chair holder. The the biggest audience to attend a FLP-sponsored the ExeCom agreed on several actions including: pragmatic approaches to politics, for example. same is publicly accessible and downloadable via public event since the professorial chairs launching (1) the renewal of the term of Dean Candelaria of I think normative theories and discourse the FLP website. ceremonies held at the Metrobank Auditorium the Ateneo Law School as chair holder (AY 2013- must strike a healthy balance between critique or (Metrobank Plaza, Makati City). 2014), who fully complied and solely delivered critical discourse and utopian ideals. The model Fifth Public Lecture Dean Agranzamendez submitted to the FLP two outputs to date; (2) an extension of the term of media ethics by British media scholar Nick secretariat his written lecture, which is publicly of Dean Largo of the University of San Carlos, Couldry4, for instance, raised points on how we, just On his new term as FLP professorial chair holder, accessible online and downloadable via the FLP Cebu until August 20, 2013—when she completes like any journalist or researcher, must constantly Dean Sedfrey M. Candelaria of the Ateneo Law website. her deliverables in the form of a debate—and her and practically negotiate between our critique of School delivered another public lecture on November term’s renewal for another year (AY 2013-2014); (3) society (or culture, or institutions) and our idealistic 29, 2013. Presenting a “Comparative Analysis of the First FLP-sponsored Debate the extension and renewal of the term of Chancellor universalist views in order for us to propose and Memorandum of Agreement on Ancestral Domain Organized at the Ateneo Law School Azcuna of the PhilJA until 2014; (4) an extension promote ethical practices—whether in journalism, and the Framework Agreement on the Bangsamoro” of the term of Dean Jose Manuel Diokno of De La research, law, and business, among others. A good (view PDF file), Dean Candelaria followed-through On March 13, 2013, Dean Sedfrey M. Candelaria Salle University until January 2014 to allow him to cause or advocacy must serve as a bridge between the earlier public lecture delivered by Dean fulfilled his second commitment to the Foundation complete his commitment; and (5) the extension our critique of social practices (that stems from Reynaldo U. Agranzamendez (University of the by organizing a debate at the Ateneo School of of the terms of the remaining appointees who have abstract notions of continued on page 6... Cordilleras), who focused on indigenous peoples’ Law. The purpose of the debate was to thresh not complied yet, but are promising to deliver

2 • Liberty & Prosperity Journal Liberty & Prosperity Journal • 3 (Dean Bautista of FEU, Dean Concepcion of UP, Dean The Indigenous of Civil Procedure. He was conferred the Master of Comparative Analysis of the Divina of UST, Retired Justice Nachura of Arellano, Laws degree by San Beda College in June 2013. and Dean Agranzamendez of the University of the Memorandum of Agreement Peoples Rights Act (IPRA): A leading law school in the country, the Cordilleras). A Vehicle for Liberty and Prosperity University of the Cordilleras has produced at least on Ancestral Domain and The ExeCom also planned and discussed 18 Bar topnotchers to date, including the two first- other projects including the publication of books placers (Janet Abuel and the Framework Agreement that will serve as a published compilation of the Noel Neil Malimban). various lectures delivered for the Professorial Chairs n October 3, 2013, It is the only law on the Bangsamoro Program, as well as manuals (in book form) for professorial school outside Metro the Global Forum on Liberty & Prosperity held on O chair..holder Manila that boasts of October 18-20, 2006), and the FLP newsletters (Liberty Reynaldo U. Agranzamendez, producing two Bar n his new term as FLP professorial chair & Prosperity Journal). As such, a funding proposal Dean of the University of exam first-placers. holder, Dean Sedfrey M. Candelaria of the is being drafted for submission to the World Bank. the Cordilleras College Agranzamendez’s O Ateneo Law School delivered his second With the World Bank’s financial support, the FLP of Law delivered his first written lecture may public lecture on November 29, 2013. Presenting can eventually expand its information dissemination public lecture at the UC be viewed online via: a “Comparative Analysis of the Memorandum of projects to include printing equipment (e.g. digital Theater, Baguio City. The www.libpros.com, the Agreement on Ancestral Domain and the Framework press-quality printers and photocopiers) and first FLP-sponsored event official website of the Agreement on the Bangsamoro”, Dean Candelaria followed-through the earlier public lecture delivered documentation facilities (e.g., cameras and audio- held in Luzon (outside FLP. • the National Capital by Dean Reynaldo U. Agranzamendez, who on visual equipment). Region) was noteworthy the other hand focused on indigenous The possible creation of an independent for gathering the biggest peoples’ rights, ancestral domain Think Tank was also proposed and discussed during audience to attend an claims, and their economic implications. the planning. The Executive Committee envisioned event of the FLP since the His lecture attracted a large group a possible Think Tank that will convene experts in the professorial chairs of Public International Law students, law, policy, and business to perpetuate the aims of launching ceremonies held at the Metrobank among others. Demonstrating the Foundation. Auditorium (Metrobank Plaza, Makati City). how his chosen topic is relevant to These plans of action were all approved by The public lecture was witnessed by guests International law, Dean Candelaria the Board of Trustees, except for the Think Tank from various local government units, non-profit opined that the implications of the creation, which was referred to the Committee on organizations, media outfits, and several indigenous two agreements engender not only Education for refinement. community local groups. Former UC President, political repercussions, but economic Dr. Edilberto de Jesus (FLP Trustee and Education interests as well. He concluded noting Financial Position Committee Head ) delivered the closing remarks on how principles of liberty and prosperity behalf of the Foundation. are fundamental in the drafting of the As of November 30, 2013, the company Treasurer, His public lecture argued that the essence of said proposals, affecting not only select Mrs. Rebecca G. Felix submitted a financial report Republic Act No. 8371, also known as the Indigenous communities but the nation as a whole. showing a total cash in bank and cash on hand of Peoples Rights Act of 1997, was being eroded by the The open forum welcomed insightful P7,880,707.21 (with a total asset of P7,973,568.73), sale of ancestral lands for which a number of Baguio comments and additional discussions (Top photo) Reynaldo U. Agranzamendez, College of Law Dean from FLP Education Committee Chair Dr. Edilberto accounting for the additional contributions from Ibaloi families now hold CALTs (or certificates of of the University of the Cordilleras, responding to questions from ancestral land titles). the audience. Most of the questions about his lecture on the IPRA C. de Jesus (also former Philippine Department of members and friends, as well as from co-sponsor Education Secretary and Deputy Commissioner of Dean Agranzamendez is the appointed came from representatives of various indigenous community Metrobank Foundation.• groups of Baguio, , , -, the Presidential Office of the Peace Commission) holder of the “Chief Justice Panganiban Professorial and . and Ateneo Law Professor Atty. Camilo Miguel M. Chair on Liberty and Prosperity” for Luzon. A trial (Bottom photo) Sedfrey M. Candelaria, Ateneo Law Dean, Montesa (also former head of the Peacemaking and lawyer since 1975, Atty. Agranzamendez has handled follows-up on Dean Agranzamendez’s topic related to the Peacekeeping Group in the Office of the Presidential several cases, among which is the case involving ancestral domain. His slide presentation included an informative Adviser on the Peace Process). comparison of the MOA-AD and FAB, and very detailed maps of the death of American Peace Corps volunteer Julia territories in Mindanao (inset). Apart from Ateneo Law faculty and law Campbell in 2007. He has been the dean of the UC students, the event was also attended by guests from College of Law since 2000 and is a member of the Metrobank Foundation and the Armed Forces of the National Conference for the Revision of the Rules Philippines. continued on page 6...

4 • Liberty & Prosperity Journal Liberty & Prosperity Journal • 5 continued from page 2... jurists and lawyers should not independent, competent, efficient and effective Judiciary; inequality, injustice, oppression, et cetera) and “ RECOGNIZE that the safeguarding of the liberty of the idealistic propositions (likewise involving abstract only safeguard the liberty of people citizens of the world, and the nurturing their economic well- principles such as equity, justice, empowerment, et being require commitment to the Rule of Law; cetera) by providing not only theoretical models but but must also nurture their prosperity MINDFUL that while every jurisdiction must operate also practical solutions. within the context of its unique legal, cultural and economic When framed within normative theories, under the rule of law” systems, the countries of the world are bound together by the public sphere is often regarded as a whole or (P a n g a n i ba n , 2006) universally-held values, rights and entitlements which apply to every society; homogeneous sphere of human interaction, instead In providing a legal basis for the liberty and WE HEREBY DECLARE THAT, the safeguarding of the of separate and diverse entities that operate within prosperity model and, at the same time, a framework rights and liberties of citizens, and the promotion of their certain (often differing) norms and cultures, whether for enacting and realizing reforms, Chief Justice economic well-being, are inseparable key objectives of the interlinked or not. Some advocacies that rouse Artemio V. Panganiban is paving the way for a rule of law, that one without the other would be illusory, the public’s interest fall into the trap of espousing better judicial system and way of life for . and that in striking the delicate balance between these twin Dean Candelaria delivered his first lecture utopian ideals of equality, freedom, or justice and It can even be retooled as a lifelong learning (LLL) beacons of justice, liberty and prosperity: entitled “Finance & Law: Understanding stop merely at critiquing society’s real conditions of • All sectors of society, both public and private, are model, according to Filipino research analyst Patrick the Institutional and Functional Role of the existence. encouraged to promote within their spheres of jurisdiction Alcantara in Recasting Liberty and Prosperity in International Monetary Fund During Sovereign The judicial philosophy of liberty and or influence the liberty and prosperity of their citizens, Philippine Lifelong Learning (2013), culling from Debt Crisis Situations” on September 21, 2012. prosperity is no different from normative theories. and to ensure a judicial system that remains independent, his LLL dissertation at the University of London This was commended by the FLP for “setting a high It is in fact considered as an idealist philosophical competent, efficient and effective; Institute of Education. standard” in the FLP professorial lecture series. thought whenever it is touted as the “twin beacons” • Judges are enjoined to remain steadfast in their primary Dean Candelaria has an undergraduate of Justice. However, apart from balancing critique role of deciding legal controversies. Towards this objective, degree in Political Science at the Ateneo de Manila Rekindling the balance and utopianism, it also proposes a reform model5 and they must avoid encroaching on the competence of political University in 1980. In 1984, he graduated from and policy agencies of government, but at the same time, situation where “jurists and lawyers should not only the Ateneo de Manila University School of Law The liberty and prosperity model, if given a chance to assume a dynamic and innovative attitude in evolving safeguard the liberty of people but must also nurture and ranked among the top 20% of the law school prove and implement its theoretical underpinnings, their judicial role through judicial education and greater their prosperity under the rule of law” (Panganiban, graduating batch and received a grade of 83.2% can even serve its purpose outside the Philippine rapprochement with their publics; 2006); in other words the idea of “justice and jobs, in the 1984 Bar Examinations. In 1986, he left scenario. The ASEAN Integration7 in progress can • The dynamic changes in the world require continuing freedom and food, ethics and economics, democracy for graduate studies in law at the University of similarly adopt this model, for instance, in its vision international dialogue that promotes the twin beacons of and development” comes back to Habermas’ idea British Columbia (Vancouver, Canada) as a Rotary for 2020. After all, nearly a decade ago, during the Justice, Liberty and Prosperity and explore the possibility of of the public sphere as a site of collective judgment a Global Foundation for Liberty and Prosperity which shall Foundation Ambassadorial Scholar and was Global Forum on Liberty and Prosperity (October and political action. While at the outset it sounds serve as a forum for the exchange of country experiences, conferred the degree of Master of Laws (LLM) in 18 – 20, 2006, Makati Shangri-La), the international idealistic and undeniably utopian, the liberty and best practices, and visions for the future.” (2006) the field of Public International Law. community well represented by an illustrious In 2004, Dean Candelaria was appointed by prosperity model is in fact a sound critique of the delegation, including the chief magistrates of the President of the Republic of the Philippines as a Philippine constitution and the state of the nation. Canada (Hon. Beverly McLachlin, P.C.), British While at the outset it sounds Member of the Negotiating Panel for the Peace Talks Hence, it defines a legal course of action, based on Columbia (Hon. Lance Sidney George Finch), Egypt existing jurisprudence: “ with the Communist Party of the Philippines, the (Hon. Dr. Adel Omar Sherif, Deputy Chief Justice), idealistic and undeniably utopian, New Peoples’ Army and the National Democratic “In litigations involving political and civil liberties, France (H.E. Guy Canivet), Guam (Hon. F. Philip Front of the Philippines (CPP/NPA/NDF). He the liberty and prosperity model is the scales of justice should weigh heavily against the Carbullido), Nepal (Hon. Dilip Kumar Paudel), the also chairs the Government of the Republic of government and in favor of the people, pursuant to Russian Federation (Hon. Vyacheslav Lebedev), the Philippines Monitoring Committee on the the doctrine of strict scrutiny. However, in matters in fact a sound critique of the Philippine among others, lauded and supported this “twin Comprehensive Agreement in Respect of Human affecting the economy of the country and the beacon” of Justice in the memorable first Joint Rights and International Humanitarian Law. prosperity of our people, courts – in the absence of constitution and the state of the nation.” 8 Dean Candelaria was recently invited to teach grave abuse of discretion and a blatant violation of declaration on Liberty and Prosperity : at the Master of Laws Program jointly administered our Constitution – must defer to the Executive and “[WE] RE-AFFIRM that adherence to the Rule of It is, perhaps, about time that we revisit what our by the Supreme Court Philippine Judicial Academy Legislative branches of government, in accordance Law is a key element in promoting good governance visionary leaders have already started, and rekindle (PHILJA) and the San Beda College Graduate with the principle of deferential interpretation of and achieving sustainable economic development; the twin beacons of liberty and prosperity under the Program in Law. • laws and executive issuances” (Panganiban 2006)6 one of the essential facets of such a regime is an rule of law—one that balances the scales of Justice.•

6 • Liberty & Prosperity Journal Liberty & Prosperity Journal • 7 Liberty and Prosperity: Balancing critique and utopianism

REFERENCES

1 Habermas, J. (1989). “The structural transformation of 5 “Action Program for Judicial Reform (APJR)”. En Banc the public sphere”. Translated from: Strukturwandel der Resolution Establishing the Program Management Office Öffentlichkeit: Untersuchungen zu einer Kategorie der (PMO) for the Judicial Reform Program, A.M. No. 01-7-09, bürgerlichen Gesellschaft. Frankfurt am Main: Suhrkamp, 17 July 2001. Supreme Court of the Philippines. (Available 1962. via: http://apjr.judiciary.gov.ph/cy2012files/reso01709.pdf) 2 Benhabib, S. (1986). Critique, Norm, and Utopia: A Study 6 Panganiban, A. (2006). Safeguarding the Liberty and of the Foundations of Critical Theory. Columbia University Nurturing the Prosperity of the Peoples of the World. Press. Philippine Law Journal (82), 178-193. 3 Misgeld, D. (1987). Seyla Benhabib, “Critique, Norm 7 Association of Southeast Asian Nations. ASEAN Vision and Utopia: A Study of the Foundations of Critical Theory” 2020. (Book Review). In: New German Critique, 0094-033X(41), 178-186. 8 Global Forum on Liberty and Prosperity. Joint Declaration 4 Couldry, N. (2013). “Living well with and through media”. on Liberty and Prosperity, 20 October 2006. (Available In: Couldry, N., Madianou & Pinchevski (eds.) Ethics of via: http://jrn21.judiciary.gov.ph/forum_gflp/GFLP_Joint_ Media. Basingstoke, UK: Palgrave Macmillan, 39-56. Declaration.pdf)

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FLP Board of Trustees FLP Officers Editorial team Artemio V. Panganiban Elenita C. Panganiban Artemio V. Panganiban Chairman of the Board Member, Board of Trustees Chairman, Executive Committee Joel Emerson J. Gregorio Maria Elena P. Yaptangco Editor-In-Chief Hilario G. Davide Jr. Maria Elena P. Yaptangco President Chairman, Member, Board of Trustees Kristian Jeff C. Agustin Governance Committee Evelyn T. Dumdum Associate Editor Maria Theresa P. Mañalac Executive Vice President Layout Artist Washington Z. Sycip Member, Board of Trustees Elenita C. Panganiban Chairman, Treasurer Finance Committee Joel Emerson J. Gregorio Member, Board of Trustees Joel Emerson J. Gregorio Edilberto C. De Jesus Corporate Secretary Chairman, Jennifer J. Manalili Kristian Jeff C. Agustin Education Committee Member, Board of Trustees Executive Secretary

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