Court of Appeals Journal Volume XII, No. 2 Manila, Philippines June-December 2010 I would like to thank the Court of Appeals, its officials and employees for their continued sup- port to our efforts to improve the judiciary. Your enthusiastic participation in the recent benefit run for the families of our slain judges was very admirable. Public service, indeed, demands a lot from us. The danger we face every day in the performance of our duty is real. It is a true test of our commitment to safeguard our people’s freedom and promote the rule of law. What we have solemnly vowed to God and to our fellowmen, we must perform. We have to remain steadfast in our professional principles, especially in the defense of our Constitution. As it embod- ies our nation’s goals and aspirations, we are duty bound to ensure that no one is above and beyond it. Finally, let me exhort the officials and employees of the Court of Appeals to remain true to the call of public duty. The judiciary being the vanguard of democracy, we can do no less. Manila, October 22, 2010. WHAT’S INSIDE A Wall Paper No More 2 Pilipinas, Tsina at Amerika 3 This September, we welcome yet another issue of our Judicial Plagiarism 4 Impact of RA 9048 7 Court of Appeals Journal even as we mark significant Reforms in 2011 Bar Exams 8 causes for celebration. These occasions are auspicious re- Recent Jurisprudence 12 flections of our collective goals for the Court of Appeals. In Mercantile Law th New CA Justices 14 PJ Andres B. Reyes, Jr. The 10 of September marks Eid'l Fitr or the end of Rama- The Double-Edged Sword of the 16 dan, a grace-filled period of prayer, self-sacrifice and fasting Liberalized Rule on Reversion of for our Muslim brothers and sisters. Eid reminds us that a commitment of body Expropriated Property Tilting the Scales of Justice 20 and soul to higher aspirations is an objective as profitable to a Muslim as to all On Motions for Time 24 members of humankind. to File Certiorari In much cruder fashion, this is what we try to achieve by praying for guid- Recent SC Rulings 26 Confronting Inconsistencies 28 ance in our work and celebrating our talents through lively entertainment num- In Jurisprudence bers at our weekly flag ceremony as begun by the administrative departments. The Hague Experience 30 Through the dedication of our colleagues from the Association of Court of Ap- Gender Awareness and 32 Sensitivity peals Employees (ACAE) and the Sports Committee, we are able to nourish our CA’s Got Talent 33 physical talents and celebrate our unique sense of community through team Promoting the Rule of Law 38 building activities and our recent sportsfest. Also worthy to note are the re- And Safeguarding the Constitution newed advocacies of those among us who are active in various spiritual minis- Beating Stress with Nutrition 39 tries in the Court. Far from serving as mere diversions from our daily tasks, like Solution Eid, they provide as with a sense of joy and peace in all that we do. PJ’s Message/p.36 2 Court of Appeals Journal When asked to write on the subject of security within the In July 2009, the guards were made to attend a VIP Court, I had half the mind to refuse knowing that the subject Training Seminar which is all about the ways to protect tends to become boring. Blame, however, my innate genes not court officials. The dramatization they conducted during the to refuse any challenge. I agreed to do so with trepidation. I Monday flag-raising ceremony thereafter, with no less than postponed doing the write-up hoping that a miracle would then Presiding Justice Choy Vasquez acting as the VIP, was a happen and our Justice Editor Tijam withdraws his standing thriller - a success. Who would ever think that members of order or a write up suddenly appears on my computer screen, the security group have the makings of a SWAT team? all finished. The deadline fast approaching without the hoped- From July 31 to August 28, 2009, security guards for miracle, the time has come to sit down and start the task . participated in a month-long Security Marshall . realizing that this is perhaps the vehicle to make our CA Development Program designed to further develop their community understand why the CA Security Group is . a knowledge, skills, and attitude on security work. A Security wallpaper no more. Officer Computer Training/Seminar was also conducted Security personnel abound in almost all places nowadays. from July 31 to August 31, 2010, not to mention that the The sight of them has become so commonplace and their guards had to undergo neuro-psychiatric examinations. importance has, more often than not, been trivialized. Like To boost the security group’s morale and esprit de wallpapers, they are a part of the structure. Left on their own, corp, intensified drill exercises on selected Saturdays they tend to become unruly, undisciplined, and uncouth? The including, at times, formation and jogging exercises at Luneta Court of Appeals was not an exception. Entering the court, were required of them. Daily, in the morning and afternoon time was when one would be met by a security guard, duty shifts, three things were required of the incoming duty sometimes with a cigarette hanging between his lips or with a guards. Specifically, a five-minute physical calisthenics to crumpled or incomplete uniform, who would ask, in a ensure their fitness, a five-minute open marching drill to discourteous manner, for one’s identification and the usual further instill robotic discipline, and a five-minute briefing questions. Vendors go in and out with the guards merely and turn-over on “Do’s and Don’t’s”. Despite the exercises looking on, unmindful of their task of ensuring not only the though, some of the guards still have beer bellies but give safety but also the integrity of our sacred temple of justice. them a month or so and they will probably have perfect abs. The winds of change . Insha Allah. In recent times, the beginning moves to reinvent the CA Another change that was introduced was the security Security Group came in October 2008. To professionalize group’s uniform, a long overdue one actually. Garb in their the ranks, the CA Security Group was made to attend the new green & brown uniforms, the security personnel looks far PNP-sponsored four series lecture on Basic Security more dignified. The soon-to-be released second new set of Training Course. There, the group was given refresher points uniform and the gala uniform for use in en banc proceedings on courtesy and discipline, community relations, basic and, God forbid, in funerals are to watch out for. Gone, at investigation, safety and security procedures, laws on arrest, last, are the days of the drab lousy uniforms! search, and seizure, as well as standard operating procedures In line with the new look, the security group’s handheld on emergencies, fire prevention and control, and the like. At radios, guns, and ammunitions were also beefed up. Our which time, the conduct of the security guards every Monday Baguio guards are also recipients. To date, the modernization was likewise modified in that they were made to do a real, of the court’s security equipment is on the way. CCTV honest-to-goodness marching-in-review flag-raising ceremony. cameras, electronic gates, and the like will soon be installed. In March 2009, the “Best Guard of the Month” contest Management renaissance is on the fore with the was launched enabling the security personnel to be in their watch of PJ Andres B. Reyes, Jr.. To say that he is highly competitive mode. Being chosen as the “Best Guard of the fired up and well-meaning in his drive to improve the CA Month” is a no small feat as the announcement and plaque image, as typified by his self-imposed work punctuality (he awarding is done before the Monday flag ceremony crowd. holds regular 8:00 a.m. meetings with court officials) and his The judges are a justice and some five court officials whose case zero-backlog project, is an understatement. composition rotates monthly and with identities divulged only The conversion of our Centennial building entrance at the time of the awarding. By and large, seeing to it that a to be the court’s Grand Entrance is the PJ’s new guard is always in his best deportment is not an easy matter. brainchild. When done, hopefully in three months time, the Wallpaper No More/p.11 Court of Appeals Journal 3 Nuon pamang mga unang panahon, bago ang tiempong Kastila, Spratleys ang mga kayamanang mineral kasama na ang kayamanang tiempong Amerikano at tiempong Hapon, ay mayruon nang pakiki- langis na katumbas ang lawak ng nasa Arabia. Sinasabi rin na ang pag-ugnayan ang ating mga ninuno sa bansang Tsina. Ang pag- karagatang timog Tsina ay kritikal na daanan ng mga barkong pangan- uugnayang ito ay nakasentro sa larangan ng pangangalakal. Matatan- galakal pandaigdigan. Ang mga kadahilanang ito ay siyang sanhi ng daan na sa ating kasaysayan ay lumutang ang mga pangalang Huang pagpapalakasan at pag-iiringan ng Amerika at Tsina. Dahilan sa pag- Ta Yuan at Chao Ju Kua bilang mga pangunahing mangangalakal na kawatak-watak ng Ruso, ang Amerika ay siya na lamang matuturing Intsik na humayo sa ating mga baybayin upang makipagpalitan ng natitirang “super-power” sa daigdig. Ang Tsina naman ay tinuturing mga kalakal sa ating mga ninuno.