Chief Justice Alexander G. Gesmundo Leads International Collaboration for Legal Modernization: CALESA Project Seminar-Workshop Marks Milestone in Philippines-Spain Partnership
November 28, 2023
Chief Justice Alexander G. Gesmundo delivers the Inspirational Message at the Seminar- Workshop on the Modernization of Private Law held at the Judicial Academy of the Philippines in Tagaytay City on November 27, 2023. (Courtesy of the Public Information Office)
“[T]he pressing issue which demands reform in our private laws is their ability to respond to shifting social mores and commercial customs, brought about by technology and changing times.”
Thus, stressed Chief Justice Alexander G. Gesmundo in his Inspirational Message at the opening of the Capacity Building for Legal and Social Advancement in the Philippines (CALESA) Project’s Seminar-Workshop on the Modernization of Private Law at the Judicial Academy of the Philippines in Tagaytay City on November 27, 2023.
Chief Justice Gesmundo expressed the view that law should be responsive to dynamic shifts in society and contribute to a more peaceful and orderly coexistence. Drawing parallels between the Spanish Civil Code and the Civil Code of the Philippines, Chief Justice Gesmundo showcased the enduring legacy of the former in various legal aspects, including property, succession, and contractual obligations. He acknowledged the cultural and jurisprudential conversation between the two legal frameworks, emphasizing the dynamic nature of legal narratives.
The Chief Justice also paid tribute to the late Professor Rubén F. Balane, a renowned lawyer, civil law expert, and reformist, whose analyses on the history, harmony, and practicality of the awareness of the traditions shared by the Philippines and Spain as framed in the Civil Code paved the way for the cooperation between the two countries.
“There is no other civil code similar to the Spanish Civil Code than the Civil Code of the Philippines. In fact, none of the civil codes of Latin American countries is as close,” observed His Excellency, Miguel Utray Delgado, Ambassador Extraordinary and Plenipotentiary of the Kingdom of Spain to the Philippines.
In fact, Prof. Jose Manuel de Torres Perea, Senior Lecturer of Civil Law, University of Malaga, Spain confided that he was unaware of the connection until he tried to search for an English translation of the Spanish Civil Code online and serendipitously found Professor Balane’s works which paved the way for more fascinating discoveries which inspired his book, “A Different Approach to the Study of Legitimas” based on a comparative study of Spanish and Philippine succession laws.
Co-funded by the Erasmus+ Programme of the European Union, the Grant Agreement on the Capacity Building for Legal and Social Advancement in the Philippines (CALESA) was approved by the Supreme Court by virtue of A.M. No. 19-02-03-SC-PHILJA designating the Philippine Judicial Academy (PhilJA) as beneficiary. The programme countries under the Grant Agreement are the University of Málaga (Spain), Universidad de Deusto (Spain), Universidad de Nova de Lisboa (Portugal), and University College Dublin (Ireland), with the Philippines as partner country.
Also launched were Books 1 and 2 of the Knowledge Sharing on the Modernization of Criminal Law under the PhilJA Journal of Judicial Studies – a culminating product of previous interactions in Lisbon and Malaga.
In conclusion, Chief Justice Gesmundo extended his gratitude to the Spanish Government, PhilJA, and Erasmus for the Calesa Project. He envisioned the knowledge-sharing as a means to strengthen the scholarship and brotherhood among legal professionals, fostering a more comprehensive legal discourse.
The Seminar-Workshop on the Modernization of Private Law marks a significant step in the ongoing collaboration between the Philippines and Spain in the pursuit of legal and social advancement.
Chief Justice Alexander G. Gesmundo poses for posterity with (seated, from left) Philippine Judicial Academy (PhilJA) Vice-Chancellor Justice Mariano C. Del Castillo (Ret.), H.E. Miguel Utray Delgado Ambassador Extraordinary and Plenipotentiary of the Kingdom of Spain to the Philippines, PhilJA Chancellor Justice Rosmari D. Carandang, and PHILJA Civil Law Department Chair, Professor Solomon F. Lumba. They are joined by visiting European law professors. (Courtesy of the Public Information Office)
Guests and delegates smile for the camera. (Seated, front row) Court of Appeals Associate Justice Emily L. San Gaspar-Gito, Professor Jose Manuel de Torres Perea, Hon. Juan Antonio Garcia Galindo, Philippine Judicial Academy (PhilJA) Chancellor Justice Rosmari D. Carandang, Chief Justice Alexander G. Gesmundo, H.E. Miguel Utray Delgado Ambassador Extraordinary and Plenipotentiary of the Kingdom of Spain to the Philippines, PhilJA Vice-Chancellor Justice Mariano C. Del Castillo (Ret.), Professor Solomon F. Lumba, Dean Jose Maria G. Hofileña, and Associate Dean Maita Chan- Gonzaga of the Ateneo Law School (Courtesy of the Public Information Office)