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THE PHILJA JUDICIAL JOURNAL Inspirational Messages from the Bench

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THE PHILJA JUDICIAL JOURNAL Inspirational Messages from the Bench THE PHILJA JUDICIAL JOURNAL Inspirational Messages From The Bench January - December 1999 OCTOBER - DECEMBER 2000 Vol. 2, Issue No. 6 SUPREME COURT OF THE PHILIPPINES CHIEF JUSTICE Hon. HILARIO G. DAVIDE, Jr. ASSOCIATE JUSTICES Hon. JOSUE N. BELLOSILLO Hon. JOSE A.R. MELO Hon. REYNATO S. PUNO Hon. JOSE C. VITUG Hon. SANTIAGO M. KAPUNAN Hon. VICENTE V. MENDOZA Hon. ARTEMIO V. PANGANIBAN Hon. LEONARDO A. QUISUMBING Hon. FIDEL P. PURISIMA Hon. BERNARDO P. PARDO Hon. ARTURO B. BUENA Hon. MINERVA GONZAGA REYES Hon. CONSUELO YÑARES-SANTIAGO Hon. SABINO R. DE LEON COURT ADMINISTRATOR Hon. ALFREDO L. BENIPAYO DEPUTY COURT ADMINISTRATORS Hon. REYNALDO L. SUAREZ Hon. ZENAIDA N. ELEPAÑO Hon. BERNARDO T. PONFERRADA CLERK OF COURT Attorney LUZVIMINDA D. PUNO ASST. COURT ADMINISTRATORS Attorney ANTONIO H. DUJUA Attorney JOSE P. PEREZ Attorney ISMAEL G. KHAN, Jr. (Chief, Public Information Office) ASST. CLERK OF COURT Attorney MA. LUISA D. VILLARAMA DIVISION CLERKS OF COURT Attorney VIRGINIA A. SORIANO Attorney TOMASITA M. DRIS Attorney JULIETA Y. CARREON PHILIPPINE JUDICIAL ACADEMY Board of Trustees Hon. HILARIO G. DAVIDE Jr. Chief Justice Chairman Hon. JOSUE N. BELLOSILLO Senior Associate Justice, Supreme Court Vice-Chairman Members Hon. AMEURFINA A. MELENCIO HERRERA Hon. ALFREDO L. BENIPAYO Chancellor Court Administrator Hon. SALOME A. MONTOYA Hon. FRANCIS E. GARCHITORENA Presiding Justice, Court of Appeals Presiding Justice, Sandiganbayan Hon. DANILO B. PINE Dean HERNANDO B. PEREZ President, Philippine Judges Association President, Philippine Association of Law Schools Executive Officials Hon. AMEURFINA A. MELENCIO HERRERA Chancellor Hon. ANTONIO M. MARTINEZ Vice-Chancellor Hon. PRISCILA S. AGANA Executive Secretary Attorney EDWIN R. SANDOVAL Deputy Executive Secretary Department Heads Dean PACIFICO A. AGABIN Hon. RICARDO C. PUNO, Sr. Constitutional Law Civil Law Hon. OSCAR M. HERRERA, Sr. Hon. ROMEO J. CALLEJO, Sr. Remedial Law Criminal Law Hon. ALFREDO L. BENIPAYO Hon. HILARION L. AQUINO Court Management Ethics and Judicial Conduct Professor ROMAN F. MABANTA, Jr. Dr. PURIFICACION V. QUISUMBING Commercial Law International Law and Human Rights Head, Research & Publications Office Fr. RANHILIO C. AQUINO Jurisprudence and Legal Philosophy Professor MYRNA S. FELICIANO Head, Academic Office Legal Method and Research ACA ANTONIO H. DUJUA Atty. IVAN JOHN E. UY Special Areas of Concern Court Technology Justice Ameurfina A. Melencio Herrera Chancellor Dr. Purificacion Valera Quisumbing Editor-in-Chief Editorial Advisers Dr. Pacifico A. Agabin, Constitutional Law Justice Ricardo C. Puno, Sr., Civil Law Justice Oscar M. Herrera, Sr., Remedial Law Justice Romeo J. Callejo, Sr., Criminal Law Justice Hilarion L. Aquino, Ethics and Judicial Conduct Justice Alfredo L. Benipayo, Court Management Professor Roman F. Mabanta, Jr., Commercial Law Dr. Purificacion V. Quisumbing, International Law and Human Rights Fr. Ranhilio C. Aquino, Jurisprudence and Legal Philosophy Associate Dean Myrna S. Feliciano, Legal Method and Research ACA Antonio H. Dujua, Special Areas of Concern Attorney Ivan John E. Uy, Court Technology Editorial Staff Attorney Orlando B. Cariño Attorney Jack Andrew O. Miranda Emmanuel C. Ignacio Melanie H. Perez Armida M. Salazar Michael S. Santos Queency M. Sara Alvern Q. Rosas ix Table of Contents Officials of the Supreme Court of the Philippines............................v Officers of the Philippine Judicial Academy of the Philippines................................................................vi Foreword Justice Ameurfina A. Melencio Herrera.....................................xii Editorial Dr. Purificacion Valera Quisumbing........................................xiv Alternative Dispute Resolution ADR Efforts Justice Ameurfina A. Melencio Herrera (ret.)……..............……2 ADR Models Senior Associate Justice Josue N. Bellosillo……………………6 Children’s Rights Strengthening Legal Protection for Children Chief Justice Hilario G. Davide, Jr……………….............……13 Problem Areas in the Legal Process Justice Consuelo Ynares-Santiago............………...…………..19 Video-Conferencing Justice Ameurfina A. Melencio Herrera (ret.)…..............……..25 Rights of the Accused Justice Oscar M. Herrera, Sr……............………………….…29 Juvenile Justice Justice Ameurfina A. Melencio Herrera (ret.)……................…37 Children: Hope of the Future Justice Bernardo P. Pardo…............………………..…………41 Continuing Judicial Education Aims of PHILJA Justice Ameurfina A. Melencio Herrera (ret.)……...............….47 On Becoming a Judge Justice Vicente V. Mendoza…...............………………………51 x A Critical Need Justice Santiago M. Kapunan……………………...............….61 A New Challenge for the Court of Appeals Chief Justice Hilario G. Davide, Jr………................………….65 Case Explosion Justice Ameurfina A. Melencio Herrera (ret.)…................……68 Code of Judicial Conduct Justice Jose C. Vitug…..............………………………………71 A Tool for the Proper Administration of Justice Justice Antonio M. Martinez (ret.) ……………………...……76 Court Management Judicial Immersion Justice Ameurfina A. Melencio Herrera (ret)….................……80 Blaze a Trail! Senior Associate Justice Josue N. Bellosillo.............................86 Ethics and Judicial Conduct HumilityHumilityHumility Justice Minerva P. Gonzaga-Reyes.............................................94 The Dispensers of Justice Justice Arturo B. Buena...............................................................97 The Third Eye Justice Leonardo A. Quisumbing..............................................101 Attributes of a Good Judge Justice Artemio V. Panganiban.................................................105 Envisioning Changes in the Philippine Justice System Chief Justice Hilario G. Davide, Jr.............................................112 I, Too, Have A Dream Senior Associate Justice Josue N. Bellosillo...............................120 Intellect, Industry and Integrity Justice Arturo B. Buena.............................................................128 Gender Sensitivity Challenges for Lady Magistrates in the New Millennium Chief Justice Hilario G. Davide, Jr.............................................133 xi Judicial Excellence Judicial Competence and The Judiciary in the Third Millennium Chief Justice Hilario G. Davide, Jr.............................................143 Excellence, Professionalism and Collegiality Senior Associate Justice Josue N. Bellosillo...............................150 Clerks of Courts and their Honorable Job Justice Jesus M. Elbinias............................................................157 Challenges for the Judiciary in the 21ststst Century Senior Associate Justice Josue N. Bellosillo...............................161 The Quality of Justice in Shari’a Courts and the Peace Initiative Chief Justice Hilario G. Davide, Jr.............................................174 The Judge’s Role in the Mission of the Judiciary Chief Justice Hilario G. Davide, Jr.............................................180 The Power of the Gavel Justice Reynato S. Puno.............................................................184 Quality Research Through Human Resource Empowerment Chief Justice Hilario G. Davide, Jr.............................................190 The Pursuit of Excellence Chief Justice Hilario G. Davide, Jr.............................................195 White Collar Crimes Syndicated Bank Frauds Senior Associate Justice Josue N. Bellosillo...............................200 The Red Flags of Fraud Justice Ameurfina A. Melencio Herrera (ret.)..........................203 xii FOREWORD This issue offers our readers a compilation of messages spread over the Academy’s judicial education activities. PHILJA takes pride in publishing this 1999 series. Although basically attuned to the occasions on which they have been delivered, they remind, teach, as well as provoke. They inquire, test, and explore. They have focus and vision. They will prove to be of historical value and will be appreciated for their insightful approach, clarity of thought and expression, and the time and effort that have been devoted to them by the many committed to the cause of judicial education and judicial administration. All of them are eloquent proof that our Chief Justice and the Associate Justices of the Supreme Court do not confine themselves to their “ivory towers.” They belie the common perception that Justices of our higher courts are gods on Mount Olympus, aloof and detached from those who man the judicial trenches. Through their out-of-court messages, they continue to convey their wisdom and experience to the rest of the judicial world. PHILJA expresses its profoundest appreciation to all our speakers through the years who have shared their thoughts with the judicial citizenry and contributed in great xiii measure to the strides for which PHILJA has received heartwarming commendation. Their messages are now compiled for posterity. Their thoughts and deeds are now recorded to inspire and to be emulated. AMEURFINA A. MELENCIO HERRERA Chancellor xiv EDITOR’s NOTE This issue of the PHILJA Judicial Journal is a very special one, not only because it departs from the regular legal materials which we publish, but more importantly because it features what Justice Ameurfina A. Melencio Herrera aptly calls the “out- of-court” messages of the Justices of the Supreme Court, both incumbent and retired. These pieces are rare gems of wisdom, and sometimes of wit and humor. They contain passages and quotations that will not fail to inspire
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