The Judicial and Bar Council’s hearings on the nominees for Chief Justice happily being open to the public, the qualifications of the aspirants go through the prism of scrutiny. One of the interesting nominees is well known to this columnist, having worked with him in some non-government organizations and read his books. This is 58-year-old Election Commissioner Rene V. Sarmiento, who early on, expressed his having modeled his life after two great patriots, noted libertarians, conscientious law educators and independent justices J.B.L. Reyes and Roberto Concepcion.
Before proceeding any further, let me touch on the issue of his supposedly facing an administrative case which could hamper the consideration of his nomination by the JBC. Sarmiento is quick to answer that the said administrative case is “technically not a case since it remains unacted upon and unfounded, because up to this day I have not received any subpoena or notice to explain my side either from the Ombudsman or any administrative body. If the charge is connected to the 2010 automated elections, it has already been overtaken by events with the June 13, 2012 ruling of the Supreme Court in Capalla, et. al. vs. COMELEC and three other cases and the decision of the National Canvassing Board proclaiming Pres. Benigno Simeon C. Aquino III and Vice-President Jejomar C. Binay.”
That brings us to Sarmiento’s academic and professional record. Attended San Beda college for his bachelor’s degree, magna cum laude, 1974, and the UP College of Law for law (1978) where he was elected president of the law student government. While waiting for the bar examination results, he worked as legal assistant and then as associate attorney at the Jose W. Diokno Law office until the death of the nationalist senator. As a member of the Free Legal Assistance Group (FLAG) headed by Diokno, he travelled to various parts of the country to provide legal counsel and assistance to victims of human rights violations.
In 1986, President Corazon C. Aquino appointed him as one of the framers of the 1987 Constitution. He sponsored resolutions, many of which are in the Preamble (“to build a just and humane society”), Bill of Rights (anti-torture, compensation to and rehabilitation of victims of torture, independent and competent counsel during custodial investigation), and Social Justice and Human Rights (creation of Commission on Human Rights that he co-sponsored with Prof. Ed Garcia).
After the ratification of the 1987 Constitution, Rene worked with former J.B.L. Reyes, chair of the Presidential Human Rights Committee. He was sent to Mindanao to study and report on the activities of a vigilante group and submitted his recommendations to the Committee.
In 1996 Pres. Fidel V. Ramos chose him to be a member of the Government Peace Panel to negotiate with the CPP/NPA/NDF at the Netherlands and Norway.
He served as chair of the government’s Reciprocal Working Committee to draft the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CAHR-IHL), the only substantive agreement signed by the two panels up to this day.
In 2005, President Gloria Macapagal-Arroyo appointed him as deputy presidential adviser (rank of undersecretary) of the Office of the Presidential Adviser on the Peace Process and then as OIC-Presidential Adviser. This made him travel from Luzon to Mindanao to implement peace initiatives of the government, working with the Cordillera People’s Liberation Army (CPLA) and the MILF and MNLF. He and then Secretary of Foreign Affairs Alberto Romulo went to Jeddah, Saudi Arabia to represent the Philippine government in meeting with the official representative of the Organization of Islamic Countries (OIC) and in updating the latter about the implementation of the GRP-MNLF peace agreement.
Six years ago, in 2006, he was appointed as commissioner of the COMELEC where he is known for his independence, probity, integrity and advocacies on women and vulnerable sectors.
Sarmiento is the focal commissioner of three separate inter-agencies and NGO networks to empower detainees, persons with disabilities and indigenous peoples. For the first time in the history of the Philippines, detainees voted “en masse” in 2010. His advocacy on women led to the inclusion of gender equality in the strategic plans of the COMELEC from 2011-2016.
Sarmiento taught law at the College of Law of Polytechnic University of the Philippines and is currently teaching at the College of Law of San Beda college, Mendiola, and Alabang schools where he is known for his creative law teaching style. Under his tutelage, students at San Beda drafted sample Philippine Constitutions through student constitutional conventions, written books on impeachment, role models and new vistas/models in law. Used as textbooks in San Beda are books he authored like Grow in Grace, Govern in Wisdom (Readings in Legal Philosophy); Towards More Justice and More Liberty (Understanding Writ of Amparo and Habeas Corpus); We the Sovereign Filipino People (The Book of Seven Filipino Constitution), and Automated Elections, Democracy and Civil Society. He is concurrently a lecturer at the Philippine Judicial Academy.
In faith communities, he works with inter-faith gatherings and with parish ministries, lay organizations and a liturgical study group in the dioceses of Cubao and Zambales. He is a volunteer lawyer of the Legal Aid Program of the Minor Basilica of the Black Nazarene (Quiapo Church).
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I printed the stand of Rep. Magtanggol T. Gunigundo (2nd District of Valenzuela City) that the comprehensive bill he and his colleagues filed that seeks to amend present breastmilk laws has not yet gone into third reading and is still in the process of reconciling views of concerned stakeholders.
To be reckoned with by Representative Gunigundo and his colleagues is the strong voice of the labor sector, represented by the president of the Trade Union Congress of the Philippines (TUCP) Democrito “Kito” Mendoza. In a statement sent to this columnist, Mendoza expressed “alarm over moves by foreign milk companies to unify breastfeeding laws which will make breastfeeding of babies during work hours as non-compensable.”
“We are going to vehemently oppose such amendments. If this is allowed by our legislators, it is like tolerating sexual harassment in workplaces. We are going to fight this out, tooth and nail,” Mendoza said.
Mendoza said that earlier, the Trade Union Congress Party Party-List (TUCP) said that “movements to amend laws reverting to breastmilk substitutes is counterproductive to our desire to keep our babies healthy.”
According to Mendoza, the comprehensive bill which consolidates several similar bills, if passed by Congress, will not compensate a working mother during lactation periods.
He stressed that sound legislation like the current Milk Code should be left untouched unless found to be deleterious to public welfare. “As the dictum goes, if it ain’t broke, why change it?” Mendoza explained. Also, he proposes that the consolidated bill, if passed, should have the following express provisions: paid lactation hours for women workers and the desirability of and preference to breastfeeding for children until three years of age. He also calls for deletion from the consolidated bill the proposed provision on scientific or nutritional claims on breastmilk substitutes that manufacturers will disseminate through advertisements through media and on infant milk labels and containers, marketing campaigns and donations during calamities to mothers with infant children.
The labor leader said, “Recently, the Department of Health (DOH) memorandum that prohibits multinational milk manufacturers from using registered trademarks which undermine breastfeeding was upheld by the Department of Justice (DOJ) for the protection of public welfare. The favorable decision of the DOJ attests to the unwavering dedication of the government in promoting breastfeeding among infants and young children.”
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My e-mail:dominitorrevillas@gmail.com