Eugene A. Tan

Eugene Alvarez Tan (1943–1994) was a Filipino human rights lawyer, author, and professor of law. He was murdered in 1994.

Eugene Alvarez Tan
Eugene A Tan
Born
Eugene Alvarez Tan

1943
Sapi-an, Capiz
Disappeared1994-11-14
Muntinlupa, Metro Manila
Died1994-11-18
Philippines
Cause of deathMurder
Body discoveredDasmariñas, Cavite
NationalityPhilippines
EducationValedictorian LL.B.
Alma materAteneo de Manila University
OccupationLawyer
Years active26
Notable work
The Philippine Law On Agency, Primer On Industrial and Intellectual Property Laws of the Philippines

Tan was elected president and chairman of the Maritime Law Association of the Philippines,[1] President Philippine Bar Association from 1987 to 1988[2] and national president of the Integrated Bar of the Philippines from 1990 to 1991.

Tan was lead representative advocate in many key landmark cases including the abolition of boarding fees levied on air and sea travel passengers in 1989; an increase in death benefits to Filipino seamen in 1989 and successful in his bid to win a hike in the basic stipend of policemen in 1970.

He questioned the authority of the 1971 Constitutional Convention to adopt the parliamentary form of government,[3] actively represented the challenge of the legality of Marcos’ Presidential Commitment Order (PCO) in 1983. Alongside Justice J.B.L. Reyes and others he assailed the legality of the Snap Elections called by Pres. Marcos[4] in 1985, and panel member of the fact-finding committee appointed by the Philippine government in 1995 who investigated the Escalante Massacres.

By 1990, Tan was elected national president of the Integrated Bar of the Philippines (IBP).

Over subsequent years, and until his sudden death, Tan went on to be conferred with several awards in the field of Maritime law, Human Rights and Social Justice Advocacy. He remained a champion of legal advocacy and a social rights activist in the Philippine community, and was recognised by conferment of a royal title and appointments to various boards and committees of interest nationwide and internationally.

Childhood

Tan was born during the Japanese occupation in the town of Sapi-an, Capiz, to a Chinese immigrant, Tan Chun, and a local woman, Fidelina Alvarez.

Tan was blinded in one eye as a child, after an accident.

Education

Tan graduated Law with top honors as valedictorian and was admitted to the Philippine Bar[5] in 1968.

Qualifications

Valedictorian, LL.B. College of Law,[6] Ateneo de Manila University, Philippines.

Career

Tan was the first president and the founder of the Fraternal Order of Utopia,[7] a Law School Fraternity established in the Ateneo de Manila University Law School in 1964
and began his career in 1968 as a junior lawyer at Ross, Selph, Salcedo, Del Rosario, Bito and Misa in Metro Manila after his call to bar.

In 1983 he received an Outstanding Young Persons of the World Meritorious Award in the field of Law in the Philippines (TOYP).

By 1976, Tan set up practice in partnership specialising in intellectual property, admiralty and maritime practice with Ignacio S. Sapalo establishing Tan & Sapalo Law Offices.[8] In 1977, the firm became Tan, Sapalo, Manzano & Velez Law Offices and is today known as Sapalo Velez Bundang and Bulilan.

Tan was a member of the board of trustees in 1982, vice-president for legal from 1982 to 1983, executive vice-president from 1983 to 1986; president from 1986 to 1987 and chairman, 1987–1988 of the Maritime Law Association of the Philippines (MARLAW)[9]

Tan was appointed director in 1982, vice-president from 1986 to 1987 and president, 1987–1988 of the Philippine Bar Association[10] (PBA)
and was elected president of the Integrated Bar of the Philippines [11] in 1989.

During Tan's tenure in November 1990, Integrated Bar of the Philippines (IBP) staff filed a complaint alleging favouritism and discrimination with Tan's employment practices which amounted to nothing. The adjudication of this matter set precedent in jurisprudence and was cited in 1999[12] In The Matter Of The Petition To Remove Atty. Jose A. Grapilon As President, Integrated Bar Of The Philippines in 1999.

During Tan's career, he was a professor of law, College of Law, Ateneo de Manila University and appointed by the Philippine government as member of the Escalante Massacre Fact Finding Committee (EFPC) to investigate the civilians by the military (1984)., he was also member of the advisory board of International and Comparative Law Centre Of The South-western Legal Foundation (now The Center for American and International Law) of the University of Texas Dallas (1987–1991). .

Career highlights

Within the legal community in the Philippines and in many other legal quarters, Tan urged, fought and pushed for changes to the Philippine judicial system.

Notably, Tan's election to the Integrated Bar of the Philippines set precedent in that it broke a stronghold trend of almost two decades at the commission where he was the first small-time lawyer in many years from the Capiz chapter[13] to be President Elect but it was also an opportunity for him to speak out and act to implement changes many of which later came to form part of the framework of the Commission on Bar Investigation and Discipline.

Through the CBID retired justices were able to investigate charges against erring lawyers and protect them from harassment independently.

Tan successfully supported the transition to independence of the IBP asserting the role of IBP as an independent union of lawyers mandated by the Constitution and the law enabling the IBP to provide a complementary institution supporting the courts in checking and maintaining a balance to judicial abuses.

Publications

The Philippine Law On Agency,[14] 1979 Edition.

Primer On Industrial and Intellectual Property Laws of the Philippines,[15] 1987 Edition

Death

On the night of November 14, 1994, Tan and his driver, Eduardo Constantino, were kidnapped[16] by several men in Metro Manila near Tan's home in Alabang, Muntinlupa, Metro Manila.

On November 18, 1994, after three days during which details of the kidnap were held from the public in hopes of aiding their return, Tan and his driver were found dead in Dasmariñas, Cavite.

Following the incident on November 22, 1994, the International Commission of Jurists[17] made a demand for a thorough investigation and swift prosecution of the perpetrators, and there have been references since Tan's death to the 'sloppy' investigation of the kidnap[18] and murders and since Tan's death there have been several lawsuits, appeals, counter suits and much judicial haranguing following few arrests[19] after an order was given to Philippine police by the then President Fidel Ramos to deliver the perpetrators to the justice system. Over almost two decades of embroiled proceedings there is only one conviction recorded in the matter of the murder of Tan and his driver Constantino.[20][21]

At the time of his death, Eugene was survived by his wife, Cynthia Ledesma from Kabankalan, Negros Occidental, and five children: Eugene II; Eugene III; Eunice; Louisine; and Eugene IV.

References
  1. "Maritime Association Of The Philippines from 1986–1987". Maritime Association Of The Philippines. Archived from the original on August 22, 2012. Retrieved November 12, 2012.
  2. "Past Presidents Philippines Bar Association". Philippines Bar Association.
  3. "G.R. Nos. L-34161 February 29, 1972 Eugene A. Tan, Silvestre J Acetas and Rogelio V. Fernandez, on their behalf and on behalf of the People of the Philippines, petitioners, vs. Diosdado P. Macapagal, on his behalf and on behalf of the other Delegates to the 1971 Constitutional Convention, respondents in 1972". Philippines Law and Jurisprudence Databank. Retrieved September 10, 2012.
  4. Diaz, Roni (February 14, 2010). "Philippine Bar Association (PBA) vs. COMELEC Philippine Bar Association vs. COMELEC 140 SCRA 455 January 7, 1986". Retrieved December 5, 2012.
  5. "Alphabetical Bar Admissions List – Philippine Bar". Supreme Court Of The Philippines. Archived from the original on June 18, 2012. Retrieved December 8, 2012.
  6. "Ateneo Law School Class 1967". Ateneo Law School. Retrieved December 14, 2012.
  7. "Gentlemen Of The Fraternal Order Of Utopia – About". Gentlemen Of The Fraternal Order Of Utopia. Retrieved November 8, 2012.
  8. "Sapalo Velez Bundang&Bulilan (SVBB) Law Offices". Sapalo Velez Bundang&Bulilan (SVBB). Retrieved December 7, 2012.
  9. "Maritime Law Association Of The Philippines – Past Presidents". Maritime Law Association Of The Philippines. Archived from the original on August 22, 2012. Retrieved December 1, 2012.
  10. "Philippine Bar Association – Past Presidents". Philippine Bar Association. Retrieved December 11, 2012.
  11. "IBP Cagayan Chapter – Membership". IBP Philippines Cagayan Chapter. Retrieved December 7, 2012.
  12. "In The Matter Of The Petition To Remove Atty. Jose A. Grapilon As President, Integrated Bar Of The Philippines [A.C. No. 4826. January 27, 1999]". Supreme Court Of The Philippines. Retrieved December 7, 2012.
  13. "In the matter of the brewing controversies in the Elections of The Integrated Bar Of The Philippines. Attys. Marcial M Magsino, Manuel M Marambaand, Nasser Marohomsalic, Complainants -versus Attys. Rogellio A Vinluan, Abelardo C Estrada, AM No. 09-5-2-SC A.C. No. 8292" (PDF). Supreme Court of Philippines. Retrieved November 11, 2012.
  14. Eugene A, Tan (1979). The Philippine Law on Agency. Rex Book Store. p. 556.
  15. Eugene A, Tan (1991). Primer on Industrial and Intellectual Property Laws of the Philippines. Tan, Manzano & Velez, 1991. p. 35.
  16. "[G.R. No. 131106. December 7, 2001] EUGENE YU, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent. - Notice Of Decision". Supreme Court Of The Philippines. Retrieved November 11, 2012.
  17. "Philippines: assassination of attorney Eugene Tan". International Commission Of Jurists. Retrieved December 10, 2012.
  18. Corotan, Gemma. "A Pattern Of Abuse". Philippines Centre For Investigative Journalism. Retrieved December 10, 2012.
  19. "Microfiche of Newspapers From the Philippines". Google News. Retrieved December 5, 2012.
  20. "4 plead not guilty to Eugene Tan slay. – In: Philipp. dly. inq.,(Jun 25 1997), p. 2. Subjects- Topical Terms: Constantino, Eduardo. Murder. Tan, Eugene". National Library of the Philippines Information Technology Division. Retrieved December 1, 2012.
  21. "G.R. No. 142848 Philippines Supreme Court Library Petition Brought By Eugene C Yu". Supreme Court Of The Philippines. Retrieved December 7, 2012.
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