The Office of the Chief State Counsel (Legal Staff) of the Department of Justice (DOJ) comprised the Philippine delegation, at the recently concluded 22nd ASEAN Senior Law Officials Meeting (ASLOM) and 12th ASEAN Law Ministers Meeting (ALAWMM) held on 23-24 January 2024 and 25 January 2024, respectively. The 22nd ASLOM and 12th ALAWMM were conducted online and hosted by the Republic of the Union of Myanmar.
The Department of Justice (DOJ) is the lead Philippine agency for both the ALAWMM and ASLOM. The Office of the Chief State Counsel (Legal Staff), DOJ, as the central authority for international legal cooperation, serves as the focal point for legal issues discussed at the ASLOM and the ALAWMM.
Among the important ASLOM initiatives that have been adopted by the ASEAN include the ASEAN Mutual Legal Assistance Treaty in Criminal Matters (ASEAN MLAT), the establishment of the ASEAN Law Forum and ASEAN Legal Information Authority, and the ASEAN Model Extradition Treaty. ASLOM, together with the Senior Officials Meeting (SOM) and ASEAN Senior Officials Meeting on Transnational Crime (SOMTC) - constituted the Joint Experts Working Group that drafted the ASEAN Convention on Counter Terrorism.
According to the ASEAN website, since 2005, ASLOM and ALAWMM have expanded its mandate to address all common matters pertaining to legal cooperation to support ASEAN integration initiatives in all ASEAN Member States.
Since its establishment in 1985, the Philippines has twice hosted the ASLOM, the 5th ASLOM and 21st ASLOM, held in 1996 and 2022, respectively. Malaysia, Chair of the 20th ASLOM, transferred the ASLOM Chairship to the Philippines in 2022.
22nd ASLOM
Undersecretary Brigido J. Dulay, as Chairperson of the 21st ASLOM, highlighted the significant contributions made by the ASLOM during Philippines’ Chairship. The inception of the ASLOM-Japan during the 21st ASLOM was also a crucial milestone that significantly led to the back-to-back inaugural events in Tokyo, Japan: (1) the ASEAN-Japan Special Meeting of Justice Ministers (AJSMJ) on 06 July 2023, and (2) the ASEAN-G7 Justice Ministers’ Interface on 07 July 2023.
The Interface, marking the first-ever ministerial-level interaction between ASEAN and the G7 in the domain of law and justice, serves as groundwork for cultivating working relationships and establishing a foundation for future dialogues and collaborations, both bilaterally and multilaterally.
Further, on the work of ASLOM Working Group (WG) on the ASEAN Extradition Treaty (AET), it was commended for its efforts in its negotiations and for the newly assigned mandate to finalize the AET, which is scheduled for completion by the end of 2024. In the report of the Chairperson, delivered by Assistant Chief State Counsel Mildred Bernadette B. Alvor, it was highlighted that negotiations for the AET is currently ongoing, and expected to finish by September 2024.
On the Philippines' shepherd proposal to advance the development of an "ASEAN Convention on Transfer of Sentenced Persons (ACTSP)", it has finally gained momentum from its proposal in the 15th ASLOM in 2013. The Philippines has volunteered the role of the Secretariat, following the guidelines outlined in the Non-Paper by the ASEAN Secretariat, which suggests the potential creation of a technical working group (TWG) among like-minded ASEAN Member States for the ACTSP.
Chief State Counsel Dennis Arvin L. Chan, head of the Philippine delegation for the 22nd ASLOM, reiterated the Philippines commitment to advancing the creation of an ASEAN-wide Treaty on Transfer of Sentenced Persons. This initiative aims to facilitate the social rehabilitation of individuals serving sentences within the ASEAN region, emphasizing the humanitarian importance of allowing foreign sentenced persons to complete their prison terms in their home country, aligning with international trends.
The Philippine delegation to the 22nd ASLOM was headed by Undersecretary Brigido J. Dulay, 21st ASLOM Chair, Chief State Counsel Dennis Arvin L. Chan, ASLOM Leader, and assisted by Assistant Chief State Counsel Mildred Bernadette B. Alvor, Senior State Counsel Grace L. Estrada, State Counsel IV Maria Laureen D. Suan, State Counsel IV Nancy G. Lozano, State Counsel IV Florina C. Agtarap, State Counsel III Albert Ignatius C. Abragan II, State Counsel II Jenny Rose G. Avellano-Catalo, State Counsel I Arthur E. Abat, State Counsel I Don Rick C. Ventura, State Counsel I Eduardo M. Vinuya and State Counsel I Jennilyn D. Bilocura.
12th ALAWMM
Undersecretary Raul T. Vasquez represented Secretary Jesus Crispin C. Remulla, at the 12th ASEAN Law Ministers Meeting (ALAWMM) and emphasized the country’s commitment for stronger legal cooperation amongst ASEAN Member States. Undersecretary Vasquez also highlighted the Philippines’ commitment and support for the conclusion of ASEAN Extradition Treaty in 2024. The Philippines believe that the conclusion of the ASEAN Extradition Treaty is a clear message that the ASEAN region offers no safe haven for fugitives, including heinous and cross border crimes.
ASLOM’s position of pursuing the development of an agreement for the Transfer of Sentenced Persons among like-minded ASEAN Member States and the establishment of said agreement squarely compliments the ideals behind the ASEAN Mutual Legal Assistance in Criminal Matters Treaty and the ASEAN Extradition Treaty. This would be a monumental step towards the right direction in the name of restorative justice.
The ALAWMM and ASLOM are held every three (3) years and one (1-1/2) and one-half years, respectively, to review the legal cooperation among the ASEAN Member States (AMS). ASLOM examines the role of law in the context of facilitating greater ASEAN cooperation and submits or endorses its recommendations to the ASEAN Law Ministers Meeting (ALAWMM) for consideration and/or approval.
The Philippine delegation to the 12th ALAWMM was headed by Undersecretary Raul T. Vasquez, assisted by Chief State Counsel Dennis Arvin L. Chan, Assistant Chief State Counsel Mildred Bernadette B. Alvor, Senior State Counsel Grace L. Estrada, State Counsel IV Maria Laureen D. Suan, State Counsel IV Nancy G. Lozano, State Counsel II Redmond John D. Zulueta, State Counsel II Maria Doris B. Suralta-Garcia, State Counsel I Angelica Rose C. Dimalanta and State Counsel I Maria Ana Olivia R. Atillo.
The Philippines is scheduled to Chair the 24th ASLOM and 13th ALAWMM, back-to-back in 2025.
Working Group on the Harmonization of ASEAN Trade Laws
Prior to the 22nd ASLOM and 12th ALAWMM, the Working Group on the Harmonization of the ASEAN Trade Laws met to discuss the modalities of harmonizing the trade laws in ASEAN. The Philippine delegation was led by Senior State Counsel Grace L. Estrada, together with State Counsel IV Maria Laureen D. Suan and State Counsel I Jennelyn D. Bilocura.
