The
Salonga Center was formally launched by Dr.
Jovito R. Salonga himself on August 26, 2006 at the College
of Law, Silliman University. The University President and the
Board of Trustees attended this monumental event.
The
Salonga Center for Law and Development is being headed by its
first Director, Professor Mikhail L. Maxino, a full-time faculty
member of the College of Law. He also coordinates the functions
and programs of the Environmental Law Desk which is one of the
three areas under the Salonga Center. The other two are the Social
Justice and Human Rights Desk and the Labor Law Desk coordinated
by two law faculty members.
The
Salonga Center is administratively under a body composed of the
Dean and Faculty of Law, with the Dean acting as the convenor.
The Director of the Salonga Center is an ex-officio member of
said body. This body is directly under the Office of the President
of the university.
In
just
a
little more than three (3) months, the Salonga Center has already
made significant contributions on legal development. On September
16, 2006, the Chief Justice of the Philippine Supreme Court, Honorable
Artemio V. Panganiban delivered the Salonga Center’s Inaugural
Lecture entitled “Access to Justice” at the Luce
Auditorium. In his lecture, the Chief Justice discussed the overall
directions of the Philippine Supreme Court in the years to come.
The
Salonga Center was also tasked to prepare a paper on the legal
implications of the Guimaras oil spill. The paper was submitted
to Dr. Angel Alcala, Director for Research of Silliman University,
for eventual presentation to PETRON.
On
October 23, 2006, the DAI-Ecogoverance project team met the Salonga
Center interdisciplinary team to discuss the Independent Quantity
Contract (IQC) which formalizes the engagement of the Salonga
Center as a preferred subcontractor of the project and spells
out the terms and conditions thereof. Anytime now, the Salonga
Center interdisciplinary team will receive task orders from the
DAI-Ecogovernance project to undertake various research projects
and activities.
The
law student volunteers and the faculty director of the Salonga
Center offered free
lectures and training sessions to the barangay officials and barangay
tanods of San Antonio,
Municipality of Sibulan, Negros Oriental on December 3, 2006.
The barangay officials and tanods learned basic lessons on legal
arrests, search and seizure, duties and responsibilities of barangay
tanods, neighborhood watch, Katarungang Pambarangay, and mediation
skills. The Salonga Center has called this community service project
“PAHINUNGOD”, a profound Cebuano all-encompassing
term which refers to and embraces the Filipino values and concepts
of respect, reverence, courtesy, permission, gift, offering, etc.
Word
of “PAHINUNGOD’s” success quickly went around.
The Salonga Center has already received at least two (2) invitations
to conduct the same sessions in other barangays and municipalities.
The
Silliman University College of Law aims to teach law with a conscience
– that kind of law which to paraphrase our Lord and Savior,
brings good news to the poor, liberates the captives, gives hope
to the blind, and sets at liberty those who are oppressed. This
is the kind of law that will eventually transform our society
into a just, compassionate, and prosperous society.
In
the pursuit of this goal, the College of Law has embarked on the
strengthening and expansion of its current programs, namely the
Free Legal Counseling program, the Legal Environmental Advocacy
Program (LEAP), and its field exposure programs, through the Dr.
Jovito R. Salonga Center for Law and Development. Three (3) core
elements guide the Salonga Center in its programs and operations:
1.
Legal Education & Training
2.
Legal Advocacy
3.
Research
The
Salonga Center uses an interdisciplinary approach to make these
elements operational -- combining the faculty, staff, and students
from different fields of the academe to study and apply the law
in pursuit of a better society. This approach supplements and
enriches the teaching of law with an interdisciplinary study and
research of law, and legal service to our people through free
legal representation and assistance, paralegal training to law
enforcers and local community leaders and volunteers. The Salonga
Center will continually engage the law, even challenging its most
sacred assumptions, if only to improve it and make it more responsive
and relevant to the needs of our people. It will pioneer in what
the Salonga Center calls Transformative Law –
the study and application of law to transform society, shape policies
through advocacy, legal education, research, training, and service
learning. Transformative law will bring the law beyond the courts
and the classrooms and to the barrios, barangays, the local government
units, the policy makers, and national and local legislators.
Each
program category of the Salonga Center is designed to be flexible,
incorporating different themes and advocacies. The programs, themes,
and advocacies will be widely disseminated through an aggressive
development-oriented information campaigns, with the objective
of increasing awareness and participation of rural communities
in national issues. Such campaigns will involve national and local
media, such as radio broadcasting, newspapers and television.
Interdisciplinary teams will also go to the loca
l
communities to conduct lectures, trainings, and seminars, as well
as to gather information on the responses to the information being
disseminated.
As
part of an effort to affect the immediate university community,
as well as the university town of Dumaguete City, the Salonga
Center will organize events geared towards stimulating discourse
and participation in different issues affecting today’s
society. The programs will be a form of outreach to both the students
and the general public.
Just
as information is shared, information must also be gathered. Through
contact with local communities, a development indicators database
will be compiled at the Salonga Center, providing independent
statistics of different information, such as population, health,
economic growth, and political participation.
Additionally,
research will also be used to critically analyze and critique
Philippine and international law. Opinion and analyses will then
be incorporated in a publication which will be made available
to government offices, academic institutions, and NGO’s.
The
Salonga Center deals with a range of issues affecting today’s
society, such as environmental degradation, crime, poverty, the
violation of human rights, labor and agrarian issues, and the
effect of globalization on local development. The Salonga Center
believes that pursuing and promoting equitable solutions to the
challenges posed by these issues is the key to directing the social,
political, and economic forces that influence Philippine development
in the new millennium.
Below
is a list of some of the specific research interests of the Salonga
Center:
1.
The creation of special courts to handle violations of traffic
rules, ordinances and other small claims. Compare this concept
with the concept of People’s Courts in the United States.
Should these special courts be under the local government units
instead of the judiciary so they need not be bound by the rigid
rules of evidence? Penalties may include fines and in serious
cases, confiscation of the instruments.
2.
Revisit the developmental programs of the government, such as
agrarian reform, Filipinization program, etc. to determine if
these have promoted economic and social development. Utilize comparative
research to study similar issues and programs in other countries,
and using this information to enhance Philippine development.
3.
“Shepardize” Philippine law and jurisprudence. Considering
the magnitude of the undertaking, this remains just a dream project.
What
does “shepardize” mean? Try to imagine the impact
of the hundreds of thousands, even millions of cases (do we know
exactly how many Supreme Court and appellate decisions have been
made?) decided in this country. Because the principle of stare
decisis (to adhere to or abide by past decisions) forms the basis
for our legal system, every legal decision has potential precedential
value. For example, some cases are followed as precedent; i.e.,
they are "good law, "while others can no longer be used
to support future decisions and are considered "bad law."
Those of us in the legal system (judges, lawyers, legal scholars
and researchers, students, etc.) must be aware of both types of
decisions. Yet how could we possibly remember -- or even find
out -- what happened to each and every case?
Thanks
to Frank Shepard, that is not necessary. In the early 1870's,
he devised a method for tracking the discussion of principles
of law in court opinions, and also tracking the history of these
opinions, and compiled this legal information in what is now known
as Shepard's Citations. Shepard's Citations allows a legal practitioner
or researcher to:
1.
Determine whether her case has continued precedential value through
the history letters assigned by the company's legal editors;
2.
Evaluate and analyze significant decisions by reference to treatment
letters, which indicate what other judges have written about her
case; and
3.
Trace the discussion of specific points of law or fact through
the use of headnote numbers.
It
is unfortunate that unlike U.S. jurisprudence and laws, Philippine
cases and laws have not been “shepardized”. Hence,
it is difficult for judges, lawyers, legal practitioners, scholars,
and researchers to know the status and precedential value of a
case or statute. We have to rely on memory or a tedious and time-consuming
procedure of checking out the case or law. “Shepardizing’
Philippine law and jurisprudence would certainly speed up the
entire legal and judicial system and processes.