United Nations Special Rapporteur (UNSR) Irene Khan pointed out that “human rights cannot exist without the rule of law” during her meeting with Supreme Court (SC) justices led by Chief Justice Alexander G. Gesmundo.
Khan, the rapporteur on the promotion and protection of the right to freedom of opinion and expression, is in the country to come up with a final report for submission to the 59th session of the UN Human Rights Council in June.
She described her dialogue with the SC justices last Jan. 24 as “an inspirational meeting.”
During the meeting, the SC justices briefed Khan on the five-year Strategic Plan for Judicial Innovations (SPJI) launched by the SC in 2022 to improve efficiency and attain fully the dispensation of fair and timely justice.
A press statement issued by the SC’s Public Information Office (SC-PIO) said that Chief Justice Gesmundo assured that the judiciary “is highly cognizant of the universal principles of freedom of speech and expression as enshrined in the Philippine Constitution and international laws, and that the courts always seek to actively endeavor in striking a balance between such freedoms and the right of the state to protect itself.”
The PIO said that Senior Associate Justice Marvic M.V.F. Leonen cited examples of recent SC decisions that tackled the freedom of speech and expression like the ruling that the Commission on Elections cannot remove or destroy privately-owned campaign materials displayed on private property, and the right of the media to report on cases pending in courts.
Leonen also cited the disbarment of a lawyer for the viral video clip where he repeatedly cursed and uttered profane remarks against a lady journalist.
UNSR Khan was given a copy of the SC’s Rules on the Anti-Terrorism Act of 2020 and Related Laws, which Gesmundo said was promulgated by the SC “to ensure that our judges will handle properly and effectively, protecting the rights of people vis-à-vis prosecution against anti-terrorism.”
Justice Leonen then said: “We fully appreciate that Special Rapporteur Khan understands that there is always a balance between expression and the security. We have also in some of our cases already acknowledged that there may be differences in the regulation of hate speech and also performative speech from declaratory speech. But of course, we are waiting for the proper case to flesh this out some more, and we are just hoping that the pleadings would be up to our standard so that we can continue to explore this.”
Gesmundo then told Khan that cases involving Strategic Lawsuits Against Public Participation (SLAPP) are acknowledged by the courts and even incorporated them in the rules of procedure, such as in the Rules of Procedure for Environmental Case.
On the matter of strengthening the Shari’ah justice system, the PIO said that Associate Justice Japar B. Dimaampao discussed how the SC recognizes that “the Shari’ah justice system has been an indispensable component of the country’s national legal framework,” as he pointed out that “it coexists alongside Constitution, traditional tribal laws and other relevant laws in this regard.”
Justice Dimaampao cited the first ever National Shari’ah Summit held on March 5 and 6 in 2023 in Cagayan de Oro City.
Associate Justice Amy C. Lazaro Javier, on the other hand, highlighted the steady increase in the number of female judges in all trial court levels.
Justice Javier said that as of Dec. 31, 2023, there are 1,172 female jurists compared to their 947 male counterparts.
The lady justice told UNSR Khan of the SC’s issuance of the Guidelines on the Use of Gender-Fair Language in the Judiciary and Gender-Fair Courtroom Etiquette.
For her part, Associate Justice Maria Filomena D. Singh shared that the SC has embarked on a study on gender representation and mobility to trace the career path of female judges.
Justice Singh also shared that the SC conducted a study on legal feminism, which involved the review of decisions for the past 15 years. The study demonstrated that it is important to use gender-fair language in court decisions as gender sensitivity is already a step towards inclusivity, she said.
On the issue of human rights, the PIO said that Chief Justice Gesmundo also shared with UNSR Khan that the SC issued in 2022 the Rule on Facilitated Naturalization of Refugees and Stateless Persons which governs the procedure for the filing of petitions for naturalization by refugees and stateless persons recognized by the Philippine government.
Gesmundo cited the SC’s commitment to ensure the protection of its judges, and cited the proposed creation of the Office of the Judiciary Marshals (OJM).
Associate Justice Jose Midas P. Marquez elaborated on the OJM as he cited that the SC has started accepting applications for the position of Chief Marshal.
Justice Marquez said the passage of the Judiciary Marshals Act was meant to address attacks on and other crimes against judiciary members and other court personnel.
During the dialogue with the SC justices, UNSR Khan was accompanied by Thibaut Guillet, human rights officer of the UN’s Office of the High Commissioner on Human Rights.
Also present were Presidential Task Force on Media Security (PTFoMS) Executive Director and Undersecretary Paul M. Gutierrez, Chief of Staff Atty. Hue Jyro Go, and head executive assistant Kristine Venet Andal.