FOR : HIS EXCELLENCY DOMINGO PRADIZ NOLASCO
Philippine Ambassador to Rome, Italy
FROM : TASK FORCE OFW INTERNATIONAL
Petitioner
Represented by Mr. Felix Mendoza Landicho, Jr.
-and-
- PHILIPPINE DON BOSCO ASSOCIATION - (PDBA
- DANGAL NG GUARDIANS PHILIPPINES INT’L. Inc. (DGPII-Italy);
- DANGAL NG GUARDIANS PHILIPPINES INT’L. Inc. (DGPII-Italy);
- FILIPINO COMMUNITY OF CISTERNA DI LATINA (FCC);
- FILIPINO COMMUNITY ROMAGNA CHAPTER-(FCRC);
- PINOY GURO EU;
- MISSION DRIVEN INTERNATIONAL-(MD INTERNATIONAL);
- ASSOCIATION OF FILIPINOS IN ITALY- (AFI);
- FEDER-FILCOM (Emilia Romagna-Marche);
- UNITED FILIPINO EVENT ORGANIZERS IN EUROPE - (UFEO);
- FILIPINO SOCIO-CULTURAL GROUP-(FSCG);
- FEDERATION OF WOMEN IN ITALY;
- A.S.D. PALARO;
- CARLITOURS;
- GINANG PILIPINAS - ITALIA ASSOCIATION;
- FILIPINO CONCERN CITIZEN INTERNATIONAL (FCGI);
***********************Interveners***********************
DATE : February 01, 2015
SUBJECT: PETITION TO REVIEW THE PROCEEDINGS OF THE REMOVAL OF MIDDLE NAME OF OVERSEAS FILIPINOS IN ITALY RESULTING TO THE ISSUANCE OF CIRCULAR NO. 29 FROM THE ITALIAN MINISTRY OF INTERIOR BY VIRTUE OF THE QUESTIONABLE AND BASELESS REQUEST OF FORMER AMBASSADOR OF ROME, MR. ROMEO LASET MANALO.
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COME NOW, Petitioner, TASKFORCE - OFW INTERNATIONAL, a duly registered and active association before the AGENZIA DELLE ENTRATE, otherwise known as SECURITIES AND EXCHANGE COMMISSION-SEC (as identified in the Philippine Agency), with Registry No. Fiscal Code 97797760580; herein represented by FELIX MENDOZA LANDICHO, JR., Filipino, of legal age, and presently residing at Via Bernardino Bernadini, 22 - 00156 Rome Italy.
-and-
Interveners, PHILIPPINE DON BOSCO ASSOCIATION (PDBA) legally registered with Registry No. Fiscal Code 97302360827 herein represented by SHELLA MENDOZA, Filipino, of legal age, and presently residing at Via Mariano Stabile, 82 Palermo Italy;
DANGAL NG GUARDIANS PHILIPPINES INTERNATIONAL INCORPORATED (DGPII-Italy), legally registered with Registry No. Fiscal Code 9763829058, herein represented by RICARDO DERESMA ROSALES JR. Filipino, of legal age, and presently residing at Via Salvatore Pincherle, 179 – 00146 Rome Italy;
FILIPINO COMMUNITY OF CISTERAN DI LATINA (FCC), legally registered with Registry No. Fiscal Code 91114780595, herein represented by LAARNI LEVISTE CONTADO Filipino, of legal age, and presently residing at Via Luigi Mascherpa, 31 – 04012 Cisterna di Latina;
FILIPINO COMMUNITY ROMAGNA CHAPTER (FCRC), legally registered with Registry No. Fiscal Code 91142060408, herein represented by MAXIMO RIVERA MERCADO, Filipino, of legal age, and presently residing at Via Principe Amadeo, 39 – 47921 Rimini Italy ;
PINOY GURO EU herein represented by DON HARMEL TATEL, Filipino, of legal age, and presently residing at Frascati (RM) Italy;
MISSION DRIVEN INTERNATIONAL (MDI) legally registered with Registry No. Fiscal 97724050584, herein represented DR. CASIMERO ALANZALON DULAY, Filipino, of legal age, and presently residing at Via Virgilio Ramperti, 10 – 00159 Rome Italy;
ASSOCIATION OF FILIPINOS IN ITALY (AFI) herein represented by JUVELYN CARAANG DE GUZMAN Filipino, of legal age, and presently residing at Rome Italy ;
FEDER-FILCOM (Emilia Romagna-Marche) herein represented by HENRY ESMERALDA GAYO Filipino, of legal age, and presently residing at Via Pereo,1 Sant'alberto - 48123 Ravenna Italy;
UNITED FILIPINO EVENT ORGANIZERS IN EUROPE (UFEO.EU) legally registered with Registry No. Fiscal Code 97827260585, herein represented by LUIS SALLE Filipino, of legal age, and presently residing at Rome Italy ;
FILIPINO SOCIO-CULTURAL GROUP – (FSCG) legally registered with Registry No. Fiscal Code 97811770581, herein represented by MARCIAL SOLETA DANDOY, Filipino, of legal age, and presently residing at Via Gennargentu, 20 – 00141 Rome Italy ;
FEDERATION OF WOMEN IN ITALY legally registered with Registry No. Fiscal 97833130582, herein represented by BLANCA CAMBALIZA RAMIREZ , Filipino, of legal age, and presently residing at Via Dell'Orso, 28 – 00186 Roma;
A.S.D. PALARO, legally registered with Registry No./Fiscal Code 972977220820, herein represented by JANCARLO SAGER SUAREZ Filipino, of legal age, and presently residing at Palermo Italy;
CARLITOURS legally registered with Registry No./Fiscal Code SNCCLT55AMZ216R, herein represented by CARLITO BUHAWE SENICOLAS Filipino, of legal age, and presently residing at Via Cassia, 1279 – 00189 Rome Italy ;
GINANG PILIPINAS-ITALIA ASSOCIATION herein represented by JOYCE ESTEBAN Filipino, of legal age, and presently residing at Rome Italy;
and, FILIPINO CONCERN CITIZENS INTERNATIONAL herein represented by BLAS VILLEGAS TRINIDAD, Filipino, of legal age, and presently residing at Via Ennio Bonifaci, 6 – 00167 Rome Italy ;
after having been duly sworn to, in accordance with law, do hereby submit the foregoing PETITION TO REVIEW THE PROCEEDINGS OF THE REMOVAL OF MIDDLE NAME OF THE OVERSEAS FILIPINOS IN ITALY, RESULTING TO THE ISSUANCE OF CIRCULAR NO. 29 FROM THE ITALIAN MINISTRY OF INTERIOR BY VIRTUE OF THE QUESTIONABLE AND BASELESS REQUEST OF FORMER AMBASSADOR OF ROME, MR. ROMEO LASET MANALO, and hereby manifest with strong opposition for the implementation of this matter, thus:
I. STATEMENT OF FACTS
The undersigned Petitioner and Interveners clearly state:
a. That Overseas Filipinos are peacefully living and working in Italy without encountering any problems regarding their legal documents, such as PERMIT OF STAY, CERTIFICATIONS, CARTA IDENTITA, etc.;
b. That since time immemorial Overseas Filipinos in Italy have been using their MIDDLE INITIALS as part of their identity in all of their documents;
c. That in the year 1996, the MIDDILE INITIALS were changed and written the full MIDDLE NAMES. There were no problems incurred whatsoever;
d. That in the year 2001, the government of Italy permitted all documented Overseas Filipinos to petition their families in the Philippines. That said, the number of Filipinos coming and residing in Italy have increased;
e. That late year of 2003, few municipalities in Rome asked the Philippine Embassy of Rome, on how to write the full name of Overseas Filipinos including their middle names;
f. That in the early year of 2004, the Philippine Embassy of Rome responded to the query of few municipalities in Rome, thus the issuance of CIRCULAR NO. 64, stating thereafter the manner of writing the full name of Overseas Filipinos. Such manner of writing is viewed on the Italian document as follows:
(EXAMPLE ONLY)
NAME: REYNALDO SARMIENTO
FAMILY NAME: DE GUZMAN
Note that the Middle name is written right after the name. This is the instruction of the Philippine Embassy of Rome, submitted to the Italian Ministry of Interior, which is the basis of the issuance of Circular No. 64.
g. That in the Year 2010, after six (6) years of implementation of the Circular No. 64 without any problem at all, the then new ambassador of Philippine Embassy in Rome, MR. ROMEO LASET MANALO, made a strong request from the Italian Ministry of Interior for the absolute removal of the Middle Names of Overseas Filipinos from their Italian documents without proper and prior consultation from the affected Overseas Filipinos, particularly in Rome;
h. That the removal of the Middle Names of the Overseas Filipinos from their Italian documents created severe confusions, ambiguity, peculiarity, delays, etc. for the Overseas Filipinos in Italy;
i. Because of the said baseless and questionable request of Former Ambassador Romeo Laset Manalo, the Italian Ministry of Interior was forced to issue Circular No. 29, clarifying that the MIDDLE NAME of Overseas Filipinos will no longer be visible in their Italian documents;
j. That because of this, Overseas Filipinos filed a strong protest for the nullification of the said Circular No. 29, because the same has great adverse effect to Filipinos and will create confusion to their civil identity;
k. That it is well to note, there is no similar requirement for nationals of other countries working in Italy to revise their official Italian documents. Likewise, no other country in the European Union requires Overseas Filipinos to remove any indication of their MATERNAL FAMILY NAME from official documents;
l. That the said protest has resulted to various interpretations coming from Associations, Community organizations, leaders, Italian advocates, and other common Overseas Filipinos;
m. That the Petitioner made its first move to bring the matter to upper Philippine Authorities but failed to get justice;
n. The Petitioner formally filed its protest-complaint but the same was trashed by then successor of MR. ROMEO LASET MANALO, the immediately past ambassador, MR. VIRGILIO ALCANTARA REYES, JR.;
o. That the Petitioner and Interveners condemned the malicious endorsement of the Filipino councilors of Rome for the removal of MIDDLE NAME OF Overseas Filipinos, using their status as Councilors;
p. That the Petitioner and Interveners firmly believe and stand strongly that the FORMER AMBASSADOR ROMEO LASET MANALO, did not respect the need of the creation of the proceedings of consultation, prior to the decision to request the Italian Ministry of Interior concerning the Middle Name of Overseas Filipinos;
q. That in the year 2012, this matter has appeared in numerous Philippine news reports. It has been brought up in the House of Representatives’ House Committee on Overseas Workers Affairs during it’s 27 November 2012 session, where the Chairperson of the Committee, Akbayan Rep. Walden Bello, implored the Italian Government to recall such Circular no. 29. And,
r. That the matter has not been given due course until this petition is filed and submitted to the Philippine Embassy in Rome through the new Ambassador, His Excellency DOMINGO PRADIZ NOLASCO;
II. THE LEGAL BASIS OF THE PETITION
The undersigned PETITIONER and INTERVENERS have filed this petition base on the following:
1. The former Philippine Ambassador to Rome, Italy, Mr. Romeo Laset Manalo, abused his Administrative and Institutional Authority by rendering his decision to request the Italian Ministry of Interior for the removal of the MIDDLE NAME of Overseas Filipinos without proper consultation with the Filipinos affected;
2. The Philippine Embassy, through the former Philippine Ambassador to Rome, Italy, Mr. Romeo Laset Manalo, deliberately violated Republic Act No. 8042, that guarantees the Filipino Migrants Workers to participate in the decision making process over matters relevant to them;
3. The Filipino Councilors of Rome did not have Administrative, Executive, Judicial, and Institutional Power and authority to mediate and intervene with the matter.
4. It is a violation of the International Law and the principles of Conflict of Laws;
5. It is a violation of Article 15, of the New Civil Code;
6. It is a violation of the principles of the Declaration of Rights of the Child;
7. It is a violation of Article 174 of the Family Code;
III. DISCUSSIONS AND ARGUMENTS
1. The former Philippine Ambassador to Rome, Italy, Mr. Romeo Laset Manalo, abused his Administrative and Institutional Authority by rendering his decision to request the Italian Ministry of Interior for the removal of the MIDDLE NAME of Overseas Filipinos without proper consultation with the Filipinos affected;
It is well to note that the Ambassador, that among other authorities, there are two important authorities that are very essential and important. He has the Administrative Authority and the Institutional authority. It is well to note however, that Administrative authority extends and limits to his staff and the manner of running the operations of the entire embassy. In other words, the Ambassador, is the administrator of his Office and has jurisdiction to his entire staff.
Moreover, he has also Institutional Authority, as he represents the government of the Republic of the Philippines in a host country. He attends to the welfare of the Overseas Filipinos. He protects the rights and privileges of the Overseas Filipinos. He promotes cultures, traditions, and practices of the Filipinos. He protects and preserved the Filipino identity of Philippines in the host country. It is understood, however, that whatever negotiations the ambassador will make that he thinks will affect the RIGHT AND PRIVILLEGES of the Overseas Filipino, he must see to it that the same must be properly consulted with them with utmost consideration. That said, Former Ambassador Romeo Laset Manalo failed to perform the two basic function. His decision to request the Italian Ministry for the removal of the Middle Name of the Overseas Filipinos is a mere administrative exercise.
However, administrative function or authority of the ambassador does not apply to this case. The removal of Middle Names is a matter that concerns Filipinos in Italy. Therefore, there is a need for the former Ambassador to seek proper consultation to the Overseas Filipinos before giving request to the Italian Ministry of Interior. The negotiation regarding the removal of the Middle Names to the Italian Ministry of Interior is a practice of Institutional authority of the Ambassador that needed to have proper consultation to the Overseas Filipinos in Italy. Former Ambassador Romeo Laset Manalo, failed to observe the protocol mandated by Republic Act No. 8042. Further, he deliberately ignored the plights of the Overseas Filipinos in Rome, Italy;
2. The Philippine Embassy, through the former Philippine Ambassador to Rome, Italy, Mr. Romeo Laset Manalo, deliberately violated Republic Act No. 8042, that guarantees the Filipino Migrants Workers to participate in the decision making process over matters relevant to them;
The Migrants Worker’s law of 1995 (Republic Act No. 8042) guarantees the right of Filipino migrant workers to participate in the decision-making process over matters relevant to them:
“Section 2 (f) The right of Filipino Migrant workers and all overseas Filipinos to
Participate in the democratic decision-making process of the state and to be represented in institution relevant to overseas employment is recognized and guaranteed.”
Specifically, the Department of Foreign Affairs is enjoined under this law to protect the rights of Migrant workers:
“Section 23. Role of Government agencies - The following government agencies shall perform the following to promote the welfare and protect the rights of migrant workers
and as far as applicable, all overseas Filipinos:”
a. Department of foreign Affairs-the department through its home office of foreign posts, shall take priority action or make representation with the foreign authority concerned to protect the rights of migrants workers and other overseas Filipinos and extend immediate assistance including the repatriation of distressed or beleaguered migrant workers and other overseas Filipinos.
“Section 27. Priority concerns of Philippine Foreign Service Posts- The country team approach, as enunciated under Executive Order No. 74, Series of 1993, shall be the mode under the Philippine embassies or their personnel will operate in the protection of the Filipino Migrant workers, and the promotion of their welfare, in particular, and the protection of dignity and fundamental rights and freedoms of the Filipino citizens abroad, in general shall be the highest priority concerns of the Secretary of Foreign Affairs and the Philippine Foreign Service Posts.”
However, despite this categorical provisions of law, No consultation was made with Overseas Filipinos involved in Italy before this measure was requested of the Italian Ministry of Interior.
3. It is a violation of the International Law and the principles of Conflict of Laws;
Under the International Law and the principles of conflict of Laws, the personal status and and its aspects relating to the civil status (NAME, DOMICILE, CAPACITY) shall be governed by a person’s national law, regardless of where he may reside.
4. It is a violation of Article 15, of the New Civil Code;
The principles stated in number 3, hereof, is further supported by Article 15 of the new Civil Code, which states:
“Article 15. Laws relating to a family rights and duties, or to the status and its aspects, conditions and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad”
Moreover, even under conflict rules applicable to Italy, personal status, and capacity and the existence and content of personal rights, including the right to a name, are governed by the national law of the interested party. From such principles, the right to a name is governed by one’s national law. As such, in the case of the MIDDLE NAME in Italy, Philippine Law should apply. (European Judicial Network, Applicable Conflict of law Rules to Italy).
5. It is a violation of the principles of the Declaration of Rights of the Child;
The right to a name is an internationally protected right. Under the Principle 3 of the Declaration of Rights of the child. The Child shall be entitled from his birth to a name and nationality. (Adopted by UN 111general 1assembly Resolution 1386 (XIV) of December 10, 1959)
6. It is a violation of Article 174 of the Family Code;
Under Article 174 of the Family Code,, legitimate children have the right to bear the Surnames of the father and the mother, while illegitimate children shall use the surname of their Mother, unless their father recognizes filiation, in which case they may bear the father’s surname. As was ruled by the Supreme Court in the above mentioned case of In re: Julian Lin Carulasan Wang, “applying these laws, an illegitimate child whose filiations is not recognized by the father bears only a given name and his mother’s surname, and does not have a middle name. The name of the unrecognized illegitimate child therefore identifies him as such”
The removal of a Filipino citizen’s middle name could only trigger deeper inquiries regarding his true parentage and true identity. This could possibly have the effect of changing one’s status from legitimate to that of unrecognized illegitimate child. Again the actions of the Philippine Embassy in Rome were in contravention of Philippine Law.
7. The Filipino Councilors of Rome did not have Administrative, Executive, Judicial, and Institutional Power and authority to mediate and intervene with the matter.
The Filipino Councilors of Rome were elected to perform local legislation concerning their Community of jurisdiction that affect foreign nationals. Therefore, they are only limited to perform their duties and responsibilities in so far as local legislations, such as city and/or municipal ordinances are concerned.
IV. PETITION
From the above discussion, It is thus crystal clear that the Department of Foreign Affairs and former Ambassador Romeo Laset Manalo have arrogated upon themselves judicial functions in excess of their mandate. Thus, they have acted without or in excess of their jurisdiction. It is a grave abuse of discretion amounting to lack and/or excess of jurisdiction, falling squarely into the proper subject for the PETITION TO REVIEW THE PROCEEDINGS OF THE REMOVAL OF MIDDLE NAME OF OVERSEAS FILIPINOS IN ITALY RESULTING TO THE ISSUANCE OF CIRCULAR NO. 29 FROM THE ITALIAN MINISTRY OF INTERIOR BY VIRTUE OF THE QUESTIONABLE AND BASELESS REQUEST OF FORMER AMBASSADOR OF ROME, MR. ROMEO LASET MANALO;
V. PRAYER
Petitioners and Interveners would like to submit the following prayers:
1. Granting the CONSIDERATION TO REVIEW THE PROCEEDINGS done concerning the matter as there are ambiguities and irregularities on the said proceedings. Hence, it is believed that the decision to request for the issuance of Circular No. 29 is NULL and VOID for violation of special proceedings and lack of substantial evidences; and,
2. Granting the creation of an INDEPENDENT CONSULTATIVE BODY, equally represented by various community associations and one from the Philippine embassy, to review the veracity of the decisions made by Former Ambassador Romeo Laset Manalo;
3. Granting other powers and authorities of the INDEPENDENT CONSULTATIVE BODY to achieve the ultimate purpose of this matter;
01 February 2015
Rome, Italy
TASK FORCE OFW INTERNATIONAL
Petitioner
_____________________________________________
PHILIPPINE DON BOSCO ASSOCIATION (PDBA)
Intervener
_____________________________________________
DANGAL NG GURADIANS PHILIPPINE INTERNATIONAL INCORPORATED – (DGPII-Italy)
Intervener
____________________________________________________
FILIPINO COMMUNITY OF CISTERNA DI LATINA (FCC)
Intervener
Intervener
_____________________________________________________
FILIPINO COMMUNITY ROMAGNA CHAPTER-(FCRC)
Intervener
_____________________________________________________
PINOY GURO EU
Intervener
_____________________________________________________
MISSION DRIVEN INTERNATIONAL (MD International)
Intervener
______________________________________________________
ASSOCIATION OF FILIPINOS IN ITALY
Intervener
_____________________________________________________
ASD. PALARO,
Intervener
_____________________________________________________
CARLITOURS
Intervener
_____________________________________________________
GINANG PILIPINAS-ITALIA ASSOCIATION
Intervener
_____________________________________________________
FILIPINO CONCERN CITIZENS INTERNATIONAL
Intervener
_____________________________________________________
FEDER-FILCOM (Emilia Romagna-Marche)
Intervener
______________________________________________________
UNITED FILIPINO EVENT ORGANIZERS IN EUROPE-(UFEO)
Intervener
_____________________________________________________
FILIPINO SOCIO-CULTURAL GROUP-(FSCG)
Intervener
_____________________________________________________
FEDERATION OF WOMEN IN ITALY
Intervener
_____________________________________________________
