Resolution Concurring in the Ratification of the Treaty between the Republic of the Philippines and the Russian Federation on Mutual Legal Assistance in Criminal Matters

December 18, 2019

SENATE RESOLUTION NO. 35

RESOLUTION CONCURRING IN THE RATIFICATION OF THE TREATY BETWEEN THE REPUBLIC OF THE PHILIPPINES AND THE RUSSIAN FEDERATION ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS

WHEREAS, the Constitution, Article VII, Section 21 states: "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";

WHEREAS, the Treaty between the Republic of the Philippines and the Russian Federation on Mutual Legal Assistance in Criminal Matters was signed on 13 November 2017 in Manila, Philippines;

WHEREAS, the Treaty obliges the Contracting States to grant each other comprehensive mutual legal assistance in criminal matters;

WHEREAS, the Treaty shall serve as the legal basis of both Contracting States to seek assistance especially where the request would involve compulsory processes for its execution such as freezing and confiscation of the proceeds of crimes, search and seizure, and enforcement of forfeiture orders;

WHEREAS, both Governments can benefit from the Treaty as the Philippines and Russia will have an effective tool in the fight against criminality, particularly in the global war against terrorism and other transnational crimes;

WHEREAS, Article XXIII, paragraph 1, of the Treaty provides that it shall enter into force thirty (30) days after the date of receipt of later written notification by the Contracting States, through diplomatic channels, indicating 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 26 September 2019 and has accordingly submitted it to the Senate for concurrence, in accordance with the Constitution;

WHEREAS, in the hearing conducted by the Senate Committee on Foreign Relations on 10 December 2019, the following government agencies endorsed the concurrence to the ratification of the Treaty:

1)    Department of Foreign Affairs;

2)    Department of Justice;

3)    Bureau of Immigration;

4)    National Bureau of Investigation; and

5)    Philippine National Police.

Now, therefore, be it

Resolved, That the Philippine Senate concur, as it hereby concurs, in the Philippine ratification of the Treaty between the Republic of the Philippines and the Russian Federation on Mutual Legal Assistance in Criminal Matters.

Adopted,

(SGD.) VICENTE C. SOTTO III

President of the Senate

This Resolution was adopted by the Senate on December 18, 2019.

(SGD.) MYRA MARIE D. VILLARICA

Secretary of the Senate