July to Volume VI December 2017 Issue no. 2 The Official Publication of the Foundation for Liberty and Prosperity Dean Sta. Maria of FEU CONTENTS Delivers Professorial Lecture Featured Executive Summaries . on Liberty and Prosperity (of 2016-2017 Scholarship Awardees’ Essays ...... 2 Ongoing Program and Projects ........................... 7 EU Institute of Law hosted another public Recent Developments in 2017, . lecture on September 26, 2017 with its new Future Plans and Direction ............................... 10 FDean, Atty. Melencio Sta. Maria, FLP’s Assets and Financial Position ............................ 11 recently appointed Holder of the Chief Justice (Thank You, Mr. Sycip ......................................... 12 Panganiban Professorial Chairs program. Discussing in detail his paper titled “Human Rights, Politics, International Law and Trade Arrangement and Economic Prosperity: A Reading of the Philippine Situation”, Dean Sta. Maria focused on provisions of the Philippine Constitution vis-à-vis several tenets of international law that demonstrate how the government’s commitment to economic prosperity is equally important as human rights. Investing in human capital, according to the Dean, necessitates safeguarding the basic human rights of the people, as well as their right to work, right to adequate food and good health, right to housing, and right to education, among others. He argued that at the international stage, the Philippines is constantly under scrutiny, hence the government must think twice before its reputation is ruined. Reactions were offered by Ateneo School of Government Dean Ronald U. Mendoza, PhD, University of San Carlos School of Law and Governance Dean Joan S. Largo, and Ateneo Human Rights Center Executive Director, Atty. Ray Paolo J. Santiago. Discussions focused on the need to lawfully manage institutions that will propel the Dean Mel Sta. Maria of FEU, widely known for his regular radio country’s economy to bridge the roles of economists program “Relasyon” (News5), tweets about his upcoming professorial lecture as one of the newly-appointed holders of FLP’s and lawyers as well as on how economic stability is Professorial Chairs on Liberty and Prosperity (image available from: hinged on socio-political stability. • https://twitter.com/attymeltweet/status/910161223777263617) Subscribe to our Online Newsletter : Libertywww.libpros.com & Prosperity Journal • 1 Rule of Law as the King Violeta M. Najarro, Jr. San Beda College - Alabang College of Law (Executive Summary) ach of us can choose what to like and unlike. We and prosperity under the rule of law. This is not an E have the option to see things as moral or immoral, easy task for we are faced with different challenges. good or bad. Thanks to the rule of law, anybody has This is why whenever there are threats to our the free will of what he wants to do or not. freedom, we instantly object and criticize. Relatively, Basically, the rule of law tells us when our seeing the news today, we see people expressing actions may be punishable. It draws the line and lets their opinions. They may support or criticize any us know our boundaries. Thus, we must have ready public official. They may write articles, assemble in access to it. Laws must be made known to us before Luneta, or even rally in front of Malacañang. They it can be implemented. If we can’t find or predict can do all of these without being punished, because the law, our acts will be limited because no one will the law allows them to do so. gamble doing anything which might be illegal. This is Although now, maybe there is nothing why we have a requirement of publication under the much I can do, I believe it is important to engage in Civil Code. The rule of law means equality before the intelligent discussions about this. It is always exciting law. The Law is the King, and no one is above it. Each to interact with experienced people themselves. I one of us is subject to it. It should always be for the remember when I was taking Constitutional Law II best interest of the common good. during my first year in law school. My professor was Passing along Metro Manila, we see the lawyer of a well-known accused then. I saw the buildings, billboards, hotels, motels and even fury of most people for “defending” a “criminal”. night clubs. Entering a store, we see a variety of Back then, I couldn’t understand why he had to be goods, from liquors to cigarettes, and magazines the lawyer for such person. But while we were on to videotapes, we see all these and their different the topic of due process, he told us how he was able classes. Interestingly, though some may find these to acquit a drug pusher. He was not proud of it, for things unhealthy, unpleasant, or even sinful, these he knew his client was guilty, but he explained things still stand legally because of rule of law. that the police officers spent and replaced the Thanks to the rule of law, we have the marked money, causing the mismatch of the liberty to move and act without unnecessary serial numbers on record. Applying due process, restraint. I believe that it is only with maximum his client was acquitted. I then understood the liberty that a person can truly attain prosperity. concept of rule of law, that it applies to everyone, Liberty and prosperity are inseparable. For it is even to the evilest of all. only with liberty that a man can utilize his human As I study the law deeper, I am seeing the experience. But we should keep in mind that our connection of the subjects to one another and the liberty is limited by the same liberty exercised by more I appreciate studying it. I know that I have others. Liberty is achieved when the rule of law a lot more to learn but this doesn’t stop me from is equally applicable to all people. As Lord Acton giving importance to the rule of law. I may still be said, Liberty is the assurance that every man shall a student, trying my very best to pass each subject be protected in doing what he believes his duty I take, but I am not just a student. Above all, I am against the influence of authority and custom a citizen, freely exercising and enjoying this liberty and opinion. For this reason, he declared that the that was granted to us by law and the prosperity securing of liberty “is the highest political end”. that comes with it, and I know that I have the duty This leaves us the duty of protecting liberty to protect it in any way I can. • 2 • Liberty & Prosperity Journal MyConsent Gateway and toLiberty Becoming of the Governed Supermanunder the ruleand ofBill law Gates Dion Ceazar M. Pascua San Beda College Manila College of Law (Executive Summary) n these centuries of radical changes against colonial we must always recognize the independence of others. I rule happening all over the world, social classes have Laws must always be made in consideration of being also risen, and populist nationalism had begun to rise. the middle-ground of liberties among citizens—to More importantly, the modernization and renewal of construct the limitations of private and personal rights legal and government institutions have taken place. to the benefit of all. While it cannot be an insurer of It’s important to underscore these developments liberties, laws must always strive and maximize the that led to the institutionalization of democratically- protection and the furtherance of rights. Besides made laws. These laws must always be understood that fact, laws must always be forward-thinking and as made in the context and consent of the governed. open-minded, always embracing change, and always While indeed republicanism is the only practicable and inclusive of new concepts. At the least, laws must modern way to initiate and govern democracy, its main reflect verified scientific and rational findings beyond disadvantage lies in its shortcomings in representing the scope of what has been established and constructed. the entirety of the governed. In other words, laws must be the exponent of morality But of course, this is understandable, considering and good policy. that informed consent has become a privilege rather Today, the Philippines is ideally a government than an absolute right; only some people are capable of laws, and not of men, as it follows strictly its codes of of participating politically because of their upbringing, laws to the letter, owing to its nature as a primarily civil education, and social background which enable them law legal system. Recent events, particularly pertaining to acquire enough knowledge to form a well-grounded to the widespread proliferation of extrajudicial killings, belief in politics. would show that this isn’t the case, and rights have Let us take this into the Filipino context. been greatly miscarried and deprived. We must never Informed consent and political activity on the part of compromise our belief in the laws to the whims of the Filipinos is a societal problem—majority of Filipinos do cries for vengeance, no matter how righteous those calls not know how government works and how it functions may be. Due process is an object of liberty; and liberty to an extent to give them enough to give an informed is an object of social justice. Most of all, social justice consent on things. Instead, the same Filipinos have creates and broadens opportunities and rights for become more focused on their individual lives rather people who will engender a better future for the state. than their lives as relative to the government—as citizens The laws of the state may not be perfect, and of the Philippines.