The Chief Justices of the 10-member Association of Southeast Asian Nations (ASEAN) have forged a united stand on various issues affecting the service of court processes and taking of evidence, enforcement of judgments in civil cases, and cross-border cases involving child disputes.
They met online on Thursday, November 5, for their 8th Meeting of the Council of ASEAN Chief justices (CACJ) in a conference hosted by the judiciary of Vietnam.
During the meeting, the Chief Justices shared their judiciaries’ efforts in coping with the COVID-19 pandemic, particularly on the speedy resolution of court cases and protection of court officials and personnel.
After the meeting, they signed what they called the “Hanoi Declaration” which embodied all their agreements and work responsibilities of every member.
The signatories were Chief Justice Diosdado M. Peralta of the Philippines, Chief Justice Steven Chong Wan Oon of Brunei Darussalam, Vice President You Ottara as representative of the President of the Supreme Court of Kingdom of Cambodia, Chief Justice Muhammad Syarifuddin of Indonesia, Vice President Bounkhouang Thavisack as representative of the President of the People’s Supreme Court of the Lao People’s Democratic Republic, Chief Justice Tun Tengku Maimun binti Tuan Mat of Malaysia, Chief Justice Htun Htun Oo of Myanmar, Judge Lee Seiu Kin as representative of the Chief Justice of the Supreme Court of Singapore, Metinee Chalodhorn as President of the Supreme Court of Thailand, and Chief Justice Nguyen Hoa Binh of Vietnam.
The SC’s public information office (PIO), in a statement, said:
“Under the Declaration, the CACJ agreed, among others, ‘for Malaysia and the CACJ Secretariat in collaboration with the Permanent Bureau of the Hague Conference on Private International Law to conduct the Masterclass for ASEAN judges and judicial officers on The Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, and The Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.’
”The Declaration also stated ‘the agreement for the Working Group on Facilitating Service of Civil Processes within ASEAN to study the current legal framework within each ASEAN jurisdiction governing the taking of evidence for foreign proceedings and on the basis of such study, to develop a Model Rule and thereafter submit a report of their findings and recommendations of the said Model Rule at the next CACJ Meeting for consideration by each ASEAN Judiciary.’
“This development complements the approval of the Philippine Supreme Court last September of the Guidelines on the Implementation in the Philippines of the Hague Service Convention on the Service Abroad of Judicial Documents in Civil and Commercial Matters, which will address court delays and simplify the serving of summons and other documents in a foreign jurisdiction. The Guidelines shall govern the operation and implementation of the Hague Service Convention in the country, insofar as they concern judicial documents in civil or commercial matters.
“Furthermore, the Declaration stated ‘the agreement for the Working Group on Judicial Education and Training to identify new ways of conducting training and education programmes.’
“The CACJ acknowledged that ‘the Working Group on Cross-Border Disputes Involving Children has (a) began to explore the possibility of developing a common set of values, aspirations and principles for ASEAN Judiciaries in cases of cross-border child disputes within ASEAN; and (b) agreed to explore holding the 3rd ASEAN Family Judges Forum in conjunction with the 2022 HCCH Judicial Roundtable on the 1980 Hague Convention on the Civil Aspects of International Child Abduction and the 1996 Hague Convention on Parental Responsibility and Protection of Children.’
“The Chief Justices also shared how their respective judiciaries handled court operations during the COVID-19 pandemic. They all acknowledged the serious impact of the pandemic on the economy and society of most ASEAN Member States, which put the judiciary of each country under pressure to resolve a large number of cases, while still being required to ensure the conduct of prompt, convenient, and safe trial to minimize the risk of spreading the COVID-19 virus.
“All were in agreement for each ASEAN Judiciary to consider sharing their respective crisis management experiences in response to COVID-19 on the ASEAN Judiciaries Portal (AJP).”
Chief Justice Peralta re-affirmed the Philippines’ commitment to advance the Rule of Law in the ASEAN.
Peralta said: “I would like to express my sincerest gratitude to the Judiciary of Vietnam for hosting this meeting inspite of the COVID-19 pandemic and the global health emergency we are currently experiencing. We are gathered here today to continue our sworn obligation to unite and strengthen our judicial cooperation to advance the Rule of Law in the ASEAN region. Thanks to the latest technology, it has made us realize that physical distance is not a hindrance for all of us to be together and share important milestones in our jurisdiction.”
He also updated the ASEAN judiciary heads on the efforts done within Philippine courts to cope with the pandemic.
He cited his 10-point program which focuses on efficiency, integrity, service, and security.
At the same time, Peralta informed his counter-parts within ASEAN “how the Judiciary ensured the safety of the court employees and stakeholders during the initial lockdown by issuing various circulars physically closing the courts, suspending the hearing of cases, extending prescriptive period for the filing of pleadings, and establishing hotlines for the different concerns of the public, like the Judiciary Public Assistance Section, or Chief Justice Help Desk.”
He also said he had “personally monitored the courts, from the Supreme Court, down to the first-level courts daily, and did not allow the pandemic to hamper judicial operations, making sure that the wheels of justice will continue moving without sacrificing the health and welfare of the court employees and the public.”
Peralta was joined in the online conference by Senior Associate Justice Estela M. Perlas-Bernabe, co-chairperson of the CACJ Working Group on Cross-Border Disputes Involving Children; Philippine Judicial Academy (PHILJA) Chancellor (former SC Justice) Adolfo A. Azcuna, co-chairperson of CACJ Working Group on Judicial Education and Training.
Also present during the conference were Court Administrator Jose Midas P. Marquez and SC Spokesperson and PIO Chief Atty. Brian Keith F. Hosaka.