Resolution Concurring in Ratification of Treaty on Mutual Legal Assistance in Criminal Matters between Philippines, UK and Ireland

May 8, 2012

SENATE RESOLUTION NO. 081-12

RESOLUTION CONCURRING IN THE RATIFICATION OF THE TREATY ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN THE REPUBLIC OF THE PHILIPPINES AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

WHEREAS, the Constitution, Article VII, Section 21, states that, "No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate"; ADETca

WHEREAS, the Treaty on Mutual Legal Assistance in Criminal Matters between the Republic of the Philippines and the United Kingdom of Great Britain and Northern Ireland was signed on 18 September 2009 in London;

WHEREAS, the Treaty seeks to establish effective measures of cooperation in the investigation, prosecution, and suppression of criminal offenses and in proceedings related to criminal matters;

WHEREAS, the Treaty provides a legal framework for mutual assistance by States in the investigation and prosecution of criminal offenses and in legal and judicial proceedings related to criminal matters, in accordance with the UN Convention Against Corruption (UNCAC) and the Convention for the Suppression of Financing of Terrorism;

WHEREAS, the assistance made possible under the Treaty includes the taking of testimony of witnesses, provision of documents and items of evidence, exchange of criminal records, execution of searches and seizures, location and identification of witnesses and tracing and confiscation of proceeds of crimes, as well as freezing of assets;

WHEREAS, the increasing frequency of transnational crimes, the country's fight against money laundering and corruption, as well as the transboundary nature of terrorism necessitates this Treaty as a vital tool in securing evidence, witnesses and proceeds of crimes which are beyond the country's physical and legal jurisdiction;

WHEREAS, Article 31 of the Treaty provides that it shall enter into force after both the Contracting States have notified each other through diplomatic channels that their respective requirements for the entry into force of the Treaty have been complied with;

WHEREAS, the President of the Philippines ratified the Treaty on Mutual Legal Assistance in Criminal Matters between the Republic of the Philippines and the United Kingdom of Great Britain and Northern Ireland on 12 July 2011 and has accordingly submitted it to the Senate for concurrence in accordance with the Constitution; CTacSE

WHEREAS, in the hearing conducted by the Senate Committee on Foreign Relations on 23 February 2012, the following government agencies and nongovernment organizations endorsed the concurrence in the ratification of the Treaty on Mutual Legal Assistance in Criminal Matters between the Republic of the Philippines and the United Kingdom of Great Britain and Northern Ireland:

1. Department of Foreign Affairs (DFA);

2. Department of Justice (DOJ);

3. Department of the Interior and Local Government (DILG);

4. Philippine National Police (PNP);

5. Anti-Money Laundering Council (AMLC);

6. Overseas Workers Welfare Administration (OWWA);

7. Philippine Overseas Employment Administration (POEA);

8. Center for Migrant Advocacy Philippines (CMA); and

9. Philippine Migrants Rights Watch.

Now, therefore, be it

Resolved, That the Senate of the Philippines concur, as it hereby concurs, in the ratification of the Treaty on Mutual Legal Assistance in Criminal Matters between the Republic of the Philippines and the United Kingdom of Great Britain and Northern Ireland. EaScHT

Adopted,

(SGD.) JUAN PONCE ENRILEPresident of the Senate

This Resolution was adopted by the Senate on May 8, 2012.

(SGD.) EMMA LIRIO-REYESSecretary of the Senate