Legal Foundations and Objectives
Article 3 of the Spanish Civil Code establishes that legal norms must be interpreted within their context and in accordance with their purpose. This principle has been essential in the application of technological neutrality, ensuring that legislation remains adaptable to innovation rather than tied to specific technologies, thus providing legal certainty.
A clear precedent can be found in Article 18.4 of the Spanish Constitution of 1978, which restricts the use of information technology to safeguard fundamental rights, laying the groundwork for personal data protection. However, technological evolution has outpaced constitutional provisions, leading to discussions on the need to formally recognize digital rights at the constitutional level. This perspective is reflected in Spain’s Organic Law on Personal Data Protection and Digital Rights Guarantee and the Spanish Charter of Digital Rights (2021), an initiative that later influenced the European Declaration on Digital Rights and Principles for the Digital Decade.
Digitalization presents global challenges, including access to justice and the modernization of judicial systems. In the Philippines, cooperation with Spain aligns with national priorities aimed at strengthening the rule of law and protecting human rights. Against this backdrop, CALESA DIGITAL seeks to consolidate legal cooperation between both countries to address the challenges of digital law and judicial modernization.
The CALESA DIGITAL project is structured around two main pillars:
- Digitalization of the Judiciary and Access to Justice
- Formulation of legislative proposals to modernize judicial administration in the Philippines.
- Development of three legal reform projects, drafted by the Institute of Government and Law Reform.
- Strengthening the Civil Justice System
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- Support for the 2022-2027 Judicial Innovation Strategic Plan of the Philippine Supreme Court.
- Creation of a best practices guide for implementing technological tools in judicial systems.
To ensure the project’s success, an initial identification mission will be conducted, involving all participating institutions to validate and align strategic goals.
Legislative Reform Proposals
CALESA DIGITAL builds upon the legal exchange initiated by the CALESA project, which facilitated the modernization of legal education curricula and strengthened academic and judicial cooperation. As a result of these efforts, sustained partnerships have already influenced judicial rulings and legislative initiatives.
Three teams of Spanish experts and three teams of Filipino experts will independently develop legal reports across three strategic areas:
- Digitalization of Judicial Administration
- Regulation of virtual presence, remote work, and electronic access to judicial records.
- Implementation of electronic notifications, digital identity systems, and online litigation.
- Regulatory models for co-governance and electronic judicial administration.
- Strategies to bridge the digital divide and ensure technological accessibility.
- Artificial Intelligence in the Judicial Sector
- Application of AI in judicial tasks and anonymization of rulings.
- Risks and regulation of AI systems in the judiciary, based on the European model.
- Principles of human oversight and the prohibition of fully automated judicial decisions.
- Development of a roadmap for AI integration in the judicial sector.
- Data Economy and Digital Regulation
- Protection of digital content and regulation of AI platforms and search engines.
- Rules on algorithm usage, developer rights, and collective digital privacy.
- Regulation of political marketing in digital environments and digital heritage management.
- Reference to Spain’s Charter of Digital Rights as a potential model for the Philippines.
Each report will include:
- Assessment of current Philippine legislation and practices.
- Comparative analysis with international models and Spanish experience.
- Concrete legislative reform proposals, to be validated in a seminar with key stakeholders.
Teams of Spanish legal scholars and judicial officials will collaborate with Filipino legal experts, ensuring rigor and applicability in legal reforms.
In a second project phase, the reports developed separately by Spanish and Filipino teams will serve as the foundation for drafting three legislative bills. These bills will be presented at the Final Project Congress in December 2026, with the aim of submission to the House of Representatives of the Philippines for legislative consideration.
Guidelines for the Ethical and Efficient Design of Judicial Technology
As part of the digital strategy, a guideline for the ethical, high-quality, and efficient design of technology in the Philippine judicial system will be developed.
This initiative aligns with the 2022-2027 Judicial Innovation Strategic Plan of the Philippine Supreme Court, which seeks to develop technological infrastructure to enhance judicial efficiency and accessibility.
The document will cover:
- Ethical and legal principles for adopting new technologies.
- Establishment of a code of conduct to ensure legal security and rights protection.
- Recommendations on the responsible use of AI and digitalization of judicial processes.
A Spanish academic expert and a member of the Philippine Supreme Court’s Informatization Committee will oversee its development. Once validated, the Philippine Judicial Academy (PHILJA) will organize specialized training sessions and distribute the guide digitally to judges and prosecutors.
CALESA DIGITAL represents a crucial step in the legal modernization of the Philippines through its strategic partnership with Spain. By focusing on judicial digitalization, responsible AI use, and digital data regulation, the project aims to strengthen the institutional and legal capacity of the Philippines, ensuring a technological transition that aligns with rule-of-law principles and guarantees accessible justice for all.