ASEAN: The Challenge of Integration of Philippine Law, its Practice and Education

Reveille L. Domingo
For decades, dependence on Western investments has become the lifeblood of Asian
economies, because Western industries dictated what should circulate and what should be traded
in the global market. In the midst of the great demand of consumers in first world countries,
developing Asian nations with relatively moderate laws on foreign commerce have become the
centers of labor and employment. The region is at the heart of Factory Asia, wherein
corporations have set up their production networks. Transnational corporations (TNCs), in their
search for new markets and desire to cut operating costs, have broken down their procurement,
production, distribution and sales processes and relocated these across ASEAN countries.
Developing Asia, particularly Southeast Asia and China, became the preferred locations for
labor-intensive and highly polluting resource extraction and assembly of products because of the
cheap labor, abundant natural resources, corporate-friendly environment, and loose regulatory
sanctions regarding labor and environmental standards.1 The immense need for manpower by
first world nations has made struggling Asian economies progress, albeit gradually. This
sustained momentum of growth engendered a very radical project: ASEAN.
On initial assessment, the Association of Southeast Asian Nations (ASEAN) appears to
be an impossible undertaking. How can an organization of culturally, historically, and
linguistically diverse countries be formed without encountering massive obstacles in the aspects
of integration and communication? How can various forms of government be united in interests?
How can an association be created from differently situated economies? The list of questions
goes on, which undeniably proves that such an association is not yet a perfect whole, and that
there is always a room for improvement. This sentiment is shared by critics stating that ASEAN
is a weak and ineffective organization, hobbled by a toothless Secretariat and enfeebled by
conflicting interests among its members, as was evidenced by its handling of the 1997 Asian
financial crisis and the continuing territorial dispute in the South China Sea. The so-called
ASEAN way, critics charge, is shorthand for handwringing and indecisiveness.2 However upon
reflection, an underlying commonality comes into the picture: the very purpose of such an
association, which is unambiguously expressed in its Charter. Under Article 2(2)(i) of the
ASEAN Charter, Member States must act in accordance with the following principles: respect
for fundamental freedoms, the promotion and protection of human rights, and the promotion of
social justice.3 These three basic considerations may be considered as the backbone of this
organization, as they encompass practically all aspects of human life: work, education, family,
health, to name a few. They embrace the very fabric of a person, a family, and society. It is for
this reason that ASEAN can be said to be a daunting yet noble endeavor.
1 ASEAN

Community 2015: Integration for Whom? Push for Greater Integration. IBON International. April 2015.
Retrieved from: iboninternational.org
2 Is ASEAN Ready to Become a Single Market? Knowledge@Wharton. University of Pennsylvania, Wharton
Business School. September 2015. Retrieved from: https://knowledge.wharton.upenn.edu/article/is-asean-ready-tobecome-a-single-market/
3 The ASEAN Charter. ASEAN Secretariat. Jakarta, Indonesia. January 2008.

To date, there are 10 Member States of the ASEAN - Brunei Darussalam, Cambodia,
Indonesia, Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Viet Nam which was established on 8 August 1967 in Bangkok, Thailand, with the signing of the ASEAN
Declaration (Bangkok Declaration) by the Founding Fathers of ASEAN, namely Indonesia,
Malaysia, Philippines, Singapore and Thailand.4 Together, they envision a regional cooperation
in the economic, social, cultural, technical, educational and other fields, and in the promotion of
regional peace and stability through abiding respect for justice and the rule of law and adherence
to the principles of the United Nations Charter.5 Their submission to the United Nations Charter
strictly binds them under generally accepted principles of international law. Hence, all activities
are regulated by a single code of conduct despite the vast differences in local policies and laws.
In other words, one cannot impose upon another, because all member states are on equal footing
with one another, even if some are more or less developed and progressive than the others.
Recognizing this primary consideration legitimizes the ASEAN.
The challenge unfortunately does not stop there. As pointed out by European automotive
businesses in Southeast Asia, variations in national policies are a major constraint to cross-border
trade.6 While this is true, it must be stressed that ASEAN is unlike the European Union (EU)
which not only adopted a single currency for a more effective economic standing, but also
embraced a unified system in commerce and trade. This move simplifies the complex nature of
transactions. However, ASEAN did not merely replicate the European counterpart. In fact, it is
characteristically unique, as it respects the independence, sovereignty, equality, territorial
integrity and national identity of all Member States.7 By so doing, ASEAN attempts a unity in
the midst of diversity. How it will do so is the most critical question of all. But, every big and
bold move starts with a single and calculated step. Hence, standards must be set in order to
equalize different living and working conditions in order to approximate a sense of common
ground where all Member States can fairly negotiate, bargain, discuss, and debate upon issues of
great concern. Furthermore, it would be wise for ASEAN to learn from EUs experience. The
struggles faced by EU during its birth and early stages could be similar to what ASEAN would
encounter. Hence, the influence of the EU should not be totally disregarded, but must be
welcomed to prevent any unfortunate incidents.
After trade agreements are signed by leaders and regulations are published by
government ministries, what is left is the prosaic task of putting the agreements into practice.
This is the realm of trade facilitation, where the text is put into action by governments.8

4 ASEAN, About ASEAN,

Overview, Establishment. ASEAN Secretariat. 2014. Retrieved from: http://

www.asean.org/asean/about-asean/overview
5 ASEAN, History, The Founding of ASEAN. ASEAN Secretariat. 2014. Retrieved from: http://www.asean.org/
asean/about-asean/history
6 EU Auto Companies Call for Harmonized ASEAN Rules. Daphne Magturo. Business World Online, Economy.
August 2015. Retrieved from: http://www.bworldonline.com/content.php?section=Economy&title=eu-autocompanies-call-for-harmonized-asean-rules&id=114037
7 The ASEAN Charter, Article 2(2)(a). ASEAN Secretariat. Jakarta, Indonesia. January 2008.
8 Trade Facilitation in ASEAN: Putting Text Into Action. Edmund Sim. The Establishment Post, Economics.
September 2015. Retrieved from: http://www.establishmentpost.com/trade-facilitation-asean-putting-text-action/

December 2015 marks the official commencement of the ASEAN Economic Community (AEC).
From that moment on, a great hoard of working force will flow in and out of the country and
piles of contracts will be signed and be rendered enforceable. The entry of foreign professionals
actually presents advantages for the Philippine labor market, because foreigners bring new
technologies and management systems that would raise professional standards, especially in the
education and information technology sectors.9 This is not to say that such activities have not
been occurring in the past. Inter-country and inter-continental trade are not contemporary or
modern concepts, but ancient ones. In fact, such concepts propelled maritime travel and its
subsequent development. The invention of bigger and sturdier ships meant longer and farther
reach. The effectiveness of the AEC will correspond to how ready the ASEAN members are in
trade facilitation. But in all these, protection of economic interest is paramount, otherwise,
businesses will lose their drive to expand, grow, and engage. This can be guaranteed by effective
laws and efficient lawyers. To ensure that no party gets taken advantaged of or that a party
always gets what he bargained for, law and its practice must be attentive and responsive to all
scenarios. They must always be at the beckoning call of the aggrieved and of the disadvantaged.
The Filipino lawyer, it can be argued, is prepared for such task. He is not a novice to the
practice of international law, nor mercantile law. Notwithstanding, he must not be complacent,
but must keep abreast with the laws of other ASEAN Member States, particularly in the field of
labor. Since the core goal of the organization is to exponentially grow Western investments in the
region by pooling together resources and manpower to create a unified demographic, acting as
one big production line, a special attention must be devoted to labor. The laborers are the
foremost group to be affected in all these changes, being the ones who carry the load. Hence,
standardization of living wage and policies on working conditions must be uniform in all.
Otherwise, a monopoly will be created if an economically superior nation offers a more
handsome compensation. On a positive note, this competitive atmosphere could drive other
Member States to improve their own offers or their own working conditions. This will give an
incentive to the struggling laborers to perform better, to perfect his skills, and to be
internationally competent.
As with any other field of knowledge, law must be sensitive to context for it to be
progressive and relevant. The keen understanding of the circumstances surrounding a legal issue
leads the way to a common ground, if not the creation of one. This renders the practice of law or
its application from domestic to international a possibility. Indeed, globalization continues to
reshape the legal practice by the formation of new terrains in the social, technological,
commercial, medical, or political arena. However, such phenomenon does not spontaneously
occur unless the law allows itself to be reshaped in the first place. Hence, for the legal practice to
transcend international and cultural borders, the legal system must be open as well to changes, no
matter how radical or gradual they are. On this note, for ASEAN to be successful, all Member
States must be open-minded about possible legal changes. Even if the Philippines is willing to
9

Demystifying ASEAN Integration and the Philippine Labor Market. National Economic and Development
Authority (NEDA). DEVPULSE. Vol. 13. No. 1, 2nd Semester 2014.

undergo such change, if the other Southeast Asian countries do not commit, nothing can be
achieved. This line of reasoning is applicable if, for example, the Philippines is the one party
which does not want to be liberal.
As simple as it sounds, the diversity in the legal traditions of the different Member
States stemming from different histories and cultures poses a challenge to the integration of
ASEAN Law into a local law curriculum. Such is true in the case of the Philippine legal
education.
Unlike the other Member States, the Philippine legal system is a unique fusion of civil
and common law traditions, arising from the successive colonial regimes of Spain and the United
States of America5. While the civil law tradition predominates, neither Spanish nor American
legal principles are conclusive upon the legal system in the Philippines.10
What do all these mean to a student of law? I am inclined to believe that the Filipino law
student is yet to be ready to face the peculiar nature of international legal practice. His education,
focused as it should on domestic laws, rarely stresses the impact of international laws, treaties,
and conventions on his legal knowledge and profession. He is a slave to the mentality that the
legal education he receives is sufficient to deliver into fulfillment the noble purposes that the
practice of law in the Philippines entails. It appears to him that the choice to be a lawyer of the
international arena is open only to those who are fortunate, brilliant, or financially stable enough
to take up a Masters or Doctorate degree of law in prestigious law schools in the country or
overseas, like Harvard, Oxford, or Stanford. A disheartening reality indeed, but this may easily
be remedied if the legal education is reformed to reflect modern methods of teaching, research,
and information exchange. We must not be slaves of the past. In the legal terminology, we must
be prospective.
It is both unfortunate and laudable that the Filipino law student limits his goals to the
practice of law within the territorial jurisdiction of the Philippines. It is unfortunate because his
characteristic resilience can contribute so much more to the international community. Without
being exhaustive, the two shortcomings of the current culture in Philippine legal education pose
significant challenges to the possible integration of ASEAN Law into the Philippine law
curriculum. Being a non-BAR subject or field of law, law students may not give much attention
to the emerging field of trans-regional law practice.11
However to a Filipino law student, changes in the legal landscape must be a fact of life.
As such, he must persistently adapt to the reality that traditions get antiquated through time, that
jurisprudence may be overturned by the same authority that promulgated it, and that the law
evolves. The acceptance of such is the beginning of a truly transnational legal personality.

10 ASEAN

Law and the ASEAN Law Student. Atty. Danilo P. Concepcion, Dean University of the Philippines
College of Law. Retrieved from: http://www.aseanlawassociation.org/11GAdocs/workshop6-phil.pdf
11 Ibid.

To prepare him for the international challenge of the practice, efforts must be exerted to
further his development. Law schools, the Supreme Court, the Integrated Bar of the Philippines,
and other legal organizations may create a system whereby information and materials may be
seamlessly exchanged. Seminars and conferences akin to Mandatory Continuing Legal
Education may be held, so the knowledge and expertise of resource speakers on the modern
international trends of legal practice may be shared. The aid of international legal organizations
and law schools may be sought to introduce Filipino law students to their existing legal programs
then help develop one, whereby the law students may experience first-hand what international
legal practice entails. Such may also facilitate the smooth transition of Filipino law students who
wish to pursue a Masters or Doctorate degree in their institution. All these inevitably come at a
cost, but the end of producing internationally competent lawyers would hopefully speak so much
more of the country than one rife with political scandals.