Consensus, Rule of Law, Liberty, and Prosperity in ASEAN[1]


[1] Address delivered by retired Chief Justice ARTEMIO V. PANGANIBAN, Chairman of the Philippine Delegation to the General Assembly and Governing Board Meetings of the ASEAN Law Association (ALA) held in Kuala Lumpur, Malaysia on October 17 -22, 2023.

The Honorable Sundaresh Menon, Chief Justice of Singapore and President of the ASEAN Law Association, fellow delegation heads, fellow delegates, ladies and gentlemen.

Since we are given only three minutes to address the General Assembly, but five minutes during our Governing Council Meeting on Saturday, October 21, 2023, permit me to limit my talk this morning to two topics only: first, to present my delegation, and, second to thank our kind hosts.

On the first, allow me to introduce the incumbent Chief Justice of the Philippines, the Honorable Alexander G. Gesmundo who is also the honorary head of our delegation and the incoming Chairman of ALA Philippines effective January 1, 2024. Upon my strong, personal request, he was unanimously elected Chairman of ALA Philippines effective immediately.

However, when he learned of his election, he fervently asked me to carry on as Chairman because our Supreme Court and he were very busy conceiving and implementing their new reform program called the “Strategic Plan for Judicial Innovation” designed to uplift the Philippine judiciary to the “Age of Artificial Intelligence.” In turn, I begged him to please take it immediately because I was, and still am, already an ancient relic who has overstayed as ALA Philippines Chairman since 2015. As a compromise, we agreed that I would stay till the end of this year, and that he would take over at the beginning of the new year. May I request CJ Gesmundo to stand up and take a bow. Thank you.

Aside from our incumbent chief justice, seven other members of our Supreme Court joined our delegation. May I ask each of them to stand up and take a bow as I call them: Justice Henri Jean Paul B. Inting, Justice Mario V. Lopez, Justice Jhosep Y. Lopez, Justice Antonio T. Kho Jr., and Justice Maria Filomena D. Singh. Two other justices, Rodil V. Zalameda and Samuel H. Gaerlan joined the golf tournament yesterday but regret they could not make it to our Opening Ceremony. Anyway, these “Magnificent Seven” plus Chief Justice Gesmundo as the eighth constitute a majority of the 15 members of our Supreme Court and can, if they wish to, hold their sessions in Kuala Lumpur. Please allow me also to cite an ALA veteran who has attended faithfully our functions in the past, the former Executive Secretary of the Philippines whom we fondly call “Little President” because he acted in the name of our country’s President for six years from 2016 to 2022, the Honorable Salvador “Bingbong” Mediadea. Please take a bow, Secretary Bingbong.

Also attending are several justices of our three appellate courts below the Supreme Court, retired members of our highest court, practicing attorneys, academicians, and lawyers from the various branches of our government. May I ask all the members of our delegation, including their spouses and assistants, all 50 of us, to stand up and be recognized.   

As the oldest teenager and the youngest old timer of our jolly delegation, I say to all of you our dear ASEAN brethren “Mabuhay from the Philippines.” We are happy and honored to experience the world-famous Malaysian hospitality encapsulated by the slogan “Malaysia, Truly Asia!” happily personified by our wonderful hosts, led by the indomitable Chair of ALA Malaysia, the Right Honorable Chief Justice Tun Tengku Maimun binti Tuan Mat, who rolled out the red carpet for us upon our arrival at the gorgeous Kuala Lumpur International Airport, to our police-escorted transfers to the extra-fabulous Shangri-la Hotel, to the pleasant Welcome Reception last night, and now to this unforgettable Opening Ceremony. And to think that these are just the beginning of a wonderful journey of cerebral and physical encounters with the honorable delegates of the other ALA member-countries. Truly, my puny words cannot fully express our humble thanks and appreciation. Again, Mabuhay ALA. Mabuhay “Malaysia Truly Asia!”

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Your Excellencies, Your Honors, fellow delegates, ladies and gentlemen, before I begin my remarks, let me thank most profusely our President, Chief Justice Sundaresh Menon, for calling for one minute of silent prayers in honor of my dear wife, Leni, who passed suddenly and expectedly to the Eternal Kingdom on April 9, 2023. She was the gentle wind beneath my wings and the inspiration of my humble career. She attended all the major events of our Association. Now, I know she is above us in spirit, watching us, listening to us, rejoicing with us, thanking us for remembering her and for praying for her. Thank you, dear friends, and ALA colleagues.

As an ALA member since its founding 40 years ago, I consider myself fortunate to have been a happy witness of its storied history. During all these 40 years, consensus has always dominated our discussions and decisions. This rule of unanimity forged our unity despite our diversity in our national histories, customs, traditions, religions, economies, sociology, and forms of government. True, our countries had differences between and among them especially in their territorial and maritime boundaries. But we have been able to surmount them in peaceful and friendly ways, with consensus as our North star.

Foremost among these peaceful and friendly ways is our adherence to the rule of law, and our abhorrence of armed, forcible, insidious, and bullying modes of settling disputes. We have never used military arms against each other, not even the so-called “gray tactics” because we believe in the rule of law, NOT in the rule of the mob, NOT in the rule of propaganda and falsehood and NOT in the rule of nuclear weapons. We believe in the sacredness of covenants and treaties, of international and regional bodies like the United Nations, and of judicial and arbitral tribunals like the International Court of Justice, the Appellate Body of the World Trade Organization, and the Permanent Court of Arbitration in The Hague, where I had the honor, if I may be permitted to say, of heading the Philippine arbitrator-members until last August 18 when my term expired.   

Notably, ASEAN’s adherence to the rule of law is manifested not only in settling disputes peacefully or in defending territorial integrity, sovereignty, and sovereign rights. The rule of law is also the best way to safeguard liberty and to nurture prosperity.

Since this will be my last address as head of the Philippine delegation, please allow me to bring you back to, and quote partially my address during the 12th ALA General Assembly on February 26, 2015, the year I humbly assumed the chairmanship of ALA Philippines:

       “…My firm belief is that truth is eternal and limitless; that truth is not bound by sovereignty, or territory, or ideology, or legality; that what is true in America is also true in the Philippines, in the Asean and in the world. And that truth is this: humans need both justice and jobs; freedom and food; ethics and economics; peace and development; nay, liberty and prosperity; these twin beacons must always go together; one is useless without the other.”

As you may be aware, I have always espoused “Liberty and Prosperity Under the Rule of Law.” Even in retirement, I continued my advocacy for these twin and inseparable beacons. In my aforesaid speech in 2015, I mentioned that the Foundation for Liberty and Prosperity helped in securing funds to enable ALA Philippines to host the aforesaid meetings.

May I report that as of today, the Foundation – together with its like-minded partners and in furtherance of the liberty aspect of its philosophy – has chosen and funded 83 full law scholarships, 16 professorial chairs, and 27 primary winners in its dissertation writing contests. And to promote the prosperity aspect of its philosophy, it granted 10 “ESMEL” fellowships for masters’ degrees in entrepreneurship, sustainability, management, economics, and business law.

And lately, the Foundation announced its two ultimate projects: first, the construction of the Center for Liberty and Prosperity in Metro Manila with an immersive, interactive, AI-powered and tech driven Museum for Liberty and Prosperity at its core. The second is the establishment of the multi-billion-peso “Prosperity Fund” to help the poor help themselves through private entrepreneurship. Before I leave this earth and enter the Great Beyond, I hope to complete these projects.

As I fade away from my humble leadership position, let me express my valedictory wish and prayer that the ASEAN Law Association will let consensus and the rule of law reign as the methods of attaining liberty and prosperity for the peoples of our region and of our world.

Thank you for your kind attention.

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