Volume XVI, No. 1 , January - July 2016

Inside this Issue Court of Appeals 80th Anniversary 5 Spiritual Message 17 CJ Sereno CA Anniversary Speech 7 Sage from Marikina 18 The CA’s Journey Towards Excellence 12 Eulogy for CJ Corona 19 EO No. 201 A Welcome Development 13 CA Cebu Teambuilding 20 2016 BAR Passers 14-15 When Justice Was Wrong 22 Women’s Month 2016 / GAD Seminar 16 CA Manila Teambuilding 23 2 Court of Appeals Journal Court of Appeals Journal 3 4 Court of Appeals Journal Court of Appeals Journal 5 Court of Appeals 80th Anniversary “Reaching Judicial Excellence at 80” By Justice Carmelita Salandanan Manahan Our Court’s history began on 1 February 1936, the Reorganization Act of 1980,” which immediately took effect effectivity date of Commonwealth Act No. 3, “An Act to upon its approval on 14 August 1981. With amendments, the Amend Certain Provisions of the Revised Administrative Judiciary Reorganization Act of 1980 is the organic of the Code on the Judiciary By Reducing The Number of Justices Court of Appeals today. of the Supreme Court and Creating the Court of Appeals and Defining Their Respective Jurisdictions, Appropriating Funds On 30 December 1996, Republic Act No. 8246 was Therefor, and For other Purposes.”1 In its fledgling years, enacted to serve the growing needs of the people for a more the Court of Appeals, as an institution, underwent various accessible and responsive Court of Appeals. The statute significant changes to become the appellate court we serve further amended the Judiciary Act of 1980 to increase the with integrity and efficiency. number of associate justices of the Court of Appeals to sixty- nine (69) who shall be serving twenty-three (23) Divisions. The first significant amendment to Commonwealth Furthermore, the same statute established the Court of Act No. 3 took effect on 7 April 1938 with the passage of Appeals Mindanao Station located in Cagayan de Oro City and Commonwealth Act No. 259 which increased the number the Court of Appeals Visayas Station located in Cebu City. of Court of Appeals magistrates from eleven (11) to fifteen However, the legislation was implemented only after eight (8) (15). The rule on seniority was first established under this years or in 2004. amendment. Furthermore, the Court of Appeals was given the authority to act while sitting en banc or by a division of five (5) Fastforward to 1 February 2016, the Court of Appeals, justices. By 1941, the number of justices was further increased as the second highest court in the Philippines, celebrated its 80th to nineteen (19).2 Anniversary with the theme, “Court of Appeals at 80: Reaching Judicial Excellence.” The Court of Appeals 80th anniversary is During World War II, the Court of Appeals operated aptly themed in recognition of its important achievements for under Japanese control. In 1944, President Jose P. Laurel the past eighty (80) years. The theme also serves as a compass issued Executive Order No. 27 pursuant to Act No. 10 of the which leads the Court of Appeals from the lessons of the past Japanese-sponsored Republic which regionalized the Court of to the road of excellence in justice dispensation. Appeals.3 In her winning essay, Christina Marie F. Lloren, For a brief period, the Court of Appeals was abolished eloquently tells us the synergy between the Court’s creed and on 10 March 1945 pursuant to Executive Order No. 37 of the 80th Anniversary theme, to quote: President Sergio Osmeña, Sr. It was later revived with the passage of Republic Act No. 52 which was approved on 4 October “The Court of Appeals has embarked 1946. Under this enactment, the unanimous concurrence of on this journey when it envisioned a ‘court the justices in a Division of three (3) was formulated. In case where judicial excellence is a daily reality.’ of dissent, two (2) additional justices shall be added to form a This vision together with the Court’s creed Division of five (5), where the concurrence of the majority is – ‘Justitia Per Legem’ or Justice through necessary for the pronouncement of a judgment. Law – have served as guiding principles in the Court’s commitment to render justice On 17 June 1948, Republic Act No. 296, otherwise and uphold the rule of law – a Herculean known as “The Judiciary Act of 1948” was approved. This task which requires the infusion into the enactment was a comprehensive legislation on the judiciary in institution of certain traits and characteristics which the jurisdiction of the Court of Appeals was further that will serve as the Court’s bedrock. These expanded to include Petition for Review, a further appeal from traits and characteristics along with the the decisions of the Court of First Instance rendered in its collaborative efforts of all the members of appellate jurisdiction.4 the Court’s workforce acting together as one family will greatly aid the Court in realizing The most recent significant legislation on the judiciary is its ideals and bringing its goals into fruition.” Batas Pambansa Blg. 129, otherwise known as “The Judiciary 6 Court of Appeals Journal

Indeed, the Court of Appeals 80th Anniversary theme is 1 February, 2016 which was actively participated by a declaration of the Court’s aspiration for judicial excellence the Court of Appeals Justices and Employees who in all aspects of justice dispensation. It is the inculcation of showcased their terpsichorean and singing talents. legal craftsmanship marked by refinement and mastery in the toils of every employee constituting the Court of Appeals – a The event was further highlighted by the presence of veritable noble pursuit of humble public servants. Supreme Court Chief Justice Ma. Lourdes Sereno who delivered an inspiring message principally lauding the * * * Court of Appeals for its innovative Court and Information System, the introduction of a One Given the illustrious theme, the CA 80th Anniversary Stop Shop Processing Center to expedite the filing of Working Committee spared no time for its preparation. Not cases and for the renovation of the Court of Appeals long after the culmination of the Court of Appeals 79th auditorium under the stewardship of our indefatigable Anniversary, the Presiding Justice Hon. Andres B. Reyes, Jr. Presiding Justice Andres B. Reyes, Jr. designated Mesdames Hon. Carmelita S. Manahan and Hon. Maria Elisa Sempio Diy as chairpersons to continue leading 10. The Special Anniversary Issue of the Court of Appeals the 80th Anniversary Celebration. Journal and the 80th Anniversary Yearbook; and 11. Judicial Records Case Disposal. Starting 27 February 2015, monthly meetings were held unrelentlessly to ensure the systematic and organized planning Many rolled their sleeves to make the Court of Appeals of the activities, coordination with several government agencies 80th Anniversary a resounding success. The Executive and drafting of the program in cooperation with the Supreme Committee and Working Committees, inspired with their Court, the Court of Appeals Justices and employees, especially nothing-is-impossible attitude, received their tasks willingly and those coming from the Visayas and Mindanao Stations who delivered accordingly. The creative and innovative members of traveled long distances to be physically present and to actively the Court of Appeals Community who volunteered their time, participate in the celebration in Manila. talent, effort and presence are likewise instrumental in making the event memorable. In its 80th anniversary, the Court of All the effort and hardwork yielded the following Appeals community accomplished a feat that is forever etched highlights in the Court of Appeals’ 80th year: in history. Mabuhay ang Court of Appeals!•

1. The Launching of the Court of Appeals’ 80th 1. 01 February 1936. 2. A History of the Court of Appeals Anniversary Commemorative Coin minted by the by Hon. Associate Justice Mariano L. Guariña. Bangko Sentral ng Pilipinas; 3. Ibid. 2. The Launching of the Court of Appeals’ mail stamps 4. Ibid. and envelopes printed by Philpost; 3. The CA 80th Anniversary Biggest Loser Challenge – a health betterment contest concerning overweight employees which started in July 2015; 4. The CA 80th Anniversary Fun Run (with Zumba warm- up) for physical fitness and agility which was held at the Lapu-Lapu Oval, Rizal Park, Manila on 29 January 2016; 5. The CA 80th Anniversary On-the-Spot Logo-Making Contest; 6. The CA 80th Anniversary Essay Writing Contest; 7. The uniquely held Court of Appeals Flag Raising Ceremony with Human Formation of the Number “80,” releasing of eighty (80) green and white balloons while singing the Court of Appeals Hymn and March; 8. The Pontifical Mass officiated by his Eminence Luis Antonio G. Cardinal Tagle, D.D. at 10:00AM of 1 February 2016; The CA 80th Anniversary Executive Committee at work 9. The CA 80th Anniversary Program Proper held on Court of Appeals Journal 7 Speech delivered by Chief Justice Maria Lourdes P. A. Sereno during the event “Reaching Judicial Excellence at 80” (CA’s 80th Anniversary) on February 1, 2016, at the Court of Appeals Audi- torium, Court of Appeals, Manila

Marami pong salamat sa inyong lahat. Magsi-upo po tayo. Mga however, the tradition is to give oak. Not lavish and premium kaibigan, hindi po ito sermon. Indeed, I am very impressed, and jewelry but stark, sturdy, long-lasting, practical wood. But words will fall short of my appreciation for the enthusiasm with now I discover that not only do you give oak, you also give a which you have embraced your 80th anniversary celebration. It commemorative coin and a commemorative stamp. That beats actually even embarrasses me to think that maybe the Supreme anything I have ever read, so congratulations PJ [Andres B.] Court is not as good at commemorating things as the Court of Reyes [Jr.]. (applause) Appeals [CA] has shown itself to be. So, Presiding Justice [PJ] Andres Reyes [Jr.], I thank you for your very warm welcome Oak, which is a hardwood forest tree, is dominant and and the strong leadership that you have demonstrated not only is known to live up to 1000 years, so we expect another 920 today, but in all the years that you have steered this court. years for the Court of Appeals. In relationships, oak may mean a stronger bond. It has been used to build 18th century Senior Associate Justice Remedios [A. Salazar-] ships before the advent of steel ships due to its strength and Fernando, may I also acknowledge [CA Cebu] Executive Justice durability even under great stress. I would like to see this oak Gabriel Ingles and [CA Cagayan de Oro] Executive Justice represent something that is very apt for a thriving institution Romulo Borja. But to all other very distinguished Justices of that has undergone renewal and revitalization throughout the the Supreme Court, including retired Justice Vicente Mendoza years, and that is the Court of Appeals. In fact, I know that as and the retired Justices of the Court of Appeals; friends from I speak to you, you are very proud of your spanking and newly the Judiciary; friends from the Philippine Postal Office OIC renovated auditorium. I can assure you, Court of Appeals [Officer-in-Charge] [Joel L.] Ottara, friends from the BSP employees, of the generosity of your Presiding Justice when [Bangko Sentral ng Pilipinas] — I’m sorry, I miss the presence he told me no less than three times that I can borrow your of [Vicente] “Vic” Aquino who used to work closely with auditorium anytime. me at one point in my life; USAID (United States Agency for International Development) representatives present That is how proud he is of your collective work and here; Mr. Gerry Porta and Mr. Robert LaMont; and from the product, very beautiful product, that such collective effort the Supreme Court itself and from the JBC [Judicial and Bar produces. And I can assure you that I am happy that it’s a very Council]: Justice Aurora Lagman, the three DCAs [Deputy elegant and beautiful auditorium, but allow me to say also that Court Administrators] and the Court Administrator. Forgive I have been gently nudging PJ Reyes [Jr.]. I don’t know if I have me if I am not able to greet or acknowledge you individually also told Justice [Remedios] Salazar-Fernando that I wish we today. But you know that I’m honored, especially because the could fight for more capital expenditures, capital outlay, even hosts for today’s program happen to be two very good friends for your Baguio building. And I am willing to give it my utmost of mine — Justice Magdangal de Leon and Justice Amy [C. push, so that your main building would really be upgraded, and Lazaro-] Javier. that it would occupy (applause) and represent the beauty and stature of the Court of Appeals in the most strategic location I’m very pleased with this celebration in the thought that in all of Baguio. the Court of Appeals is now faced with the task of making the next decade even more glorious than the past eight decades. So your vision of a “court where judicial excellence is a And I extend my congratulations not just to those who are daily reality” is an ideal that I hope will be shared not just by here in Manila, but also to those in the stations in Cebu and Court of Appeals Justices and employees, but also by the entire Cagayan de Oro. judiciary. As the second highest court of the land, the Court of Appeals is also a natural breeding ground for members of When couples reach their 25th year, they give silver for the highest court. Several of my present colleagues come from their anniversary. On their 50th year, they give gold, while on your ranks, and I am sure more will follow in their footsteps in their 60th they give diamonds. During the 80th anniversary, the years to come. (applause) 8 Court of Appeals Journal environment-friendly. With the remaining 128,000 rollos still to “Today, I express my utmost gratitude be disposed of, you are already actually off to a very good start for 2016. Congratulations. (applause) to the Court of Appeals for being the Second, I also extend my congratulations to the Supreme Court’s trusted partner in staff of the Civil Cases Section, Criminal Cases Section, carrying out judicial reforms especially in and the Archives Section [of the CA Judicial Records the use of technology and automation.” Division], who rendered overtime work in 2015 to encode and systematically file rollos and records as part of the Judiciary’s program to upgrade court facilities, processes, Today, I express my utmost gratitude to the Court of and records filing systems. Appeals for being the Supreme Court’s trusted partner in Last but most important of all, I applaud you for a carrying out judicial reforms especially in the use of technology stellar caseload performance for 2015 with a disposition rate and automation. The electronic administration of justice is an of 93.55%. (applause) idea whose time has come. And let me state this publicly: that the Court of Appeals has spearheaded and shown the way far Out of the Court of Appeals’ target of 13,932 cases, earlier than the Supreme Court has been able to do. (applause) you have disposed of 13,034 cases despite having four vacant seats for a great part of the year. So I cannot but laud your The fact that you have introduced technology at success under the leadership of PJ Andres B. Reyes, Jr. for an earliest age and that you have been able to sustain it these outstanding achievements. It can only mean that you — whereas our effort has largely been stop-and-go — is have a very good manager at the helm. something admirable, and I acknowledge that you have been helped by development partners in this effort. But it took your I am also pleased to learn that your transition to the Case determined effort to bring the Court of Appeals to the point Management Information System has been doing well. It has at which, when you are talking about transparency by way of been making readily available the court’s statistical and case well publicized and easily accessible case status, you are really information data, showcasing that our courts are indeed efficient pointing to no other court than the Court of Appeals. We are and transparent. And I hope to see the electronic raffling of fortunate to have you as our partner in rolling out many of cases fully implemented not only in Cagayan de Oro and Cebu these changes. Ultimately although these changes may cause City, but also in Manila. So I encourage our friends from the initial discomfort, and inconvenience and adjustments, they USAID to help the Court of Appeals again in that regard. will dramatically help increase efficiency in the monitoring of cases and court processes. I also thank you for continuing to be the Supreme Court’s trusted ally in dispensing justice. Let me just share with In line with the Supreme Court’s priority programs and you a few vignettes. This year and the year past have shown reform projects, you have done a stellar job with regard to case a fantastic improvement in the presentation of the budget disposal, docket management, and system upgrades for the proposal of the Judiciary at every level. And I have to thank past years. personally PJ Andres Reyes [Jr.] and Associate Justice Remedios Salazar-Fernando for personally attending to issues related to For the first time in the 79 years of the Court of the budget presentation. It led the head of the Senate Finance Appeals, you had the first ever disposal of old caserollos. From Committee, now headed by Senator [Loren] Legarda, to say your estimated 160,000 old rollos for disposal, you were able to that our presentation has been one of the best, if not the best manage to dispose of the first tranche of 20,678 old rollos of so far; so thank you very much. (applause) cases terminated in 1980 and earlier. That’s a huge feat. And as part of your second tranche of disposal, you processed I also thank the Court of Appeals through Justice an additional 34,525 old case rollos. I say these numbers with Remedios Salazar-Fernando, who has been part of the JDF relish, because I enjoy seeing the declogging of courts not [Judiciary Development Fund] Committee. As you can see, your only of actual pending cases, but also of old case files. Last hard work has paid off. We have already made guidelines that are month, you disposed 10,000 of these files covering cases very responsive to the law creating the Judiciary Development terminated from 1981 to 1989. And that you even sent these Fund. And I would like to reiterate to you that the Court, the rollos to recycling factories in keeping with our thrust to be Supreme Court, has not reduced in any way the portion allotted Court of Appeals Journal 9 to the Court of Appeals buildings in Cebu City and Cagayan de And so my wish is for you to continue to carry forward Oro City (applause) that portion of the Judiciary Development your fivefold mission “to enhance public trust by disposing Fund has been set aside as proof of our esteem for the Court of cases justly, speedily, impartially; to employ computerized of Appeals. And as further proof of the importance that we are and automated innovations and re-engineer administrative and giving to you, we have validated a very generous allotment of operational systems; to provide magistrates an environment money, so that you will have state-of-the-art buildings in Cebu conducive to the faithful discharge of their judicial tasks; and City and Cagayan de Oro. (applause) to uphold the Rule of Law by fairly and fearlessly defending the Constitution and the rights of the people.” After all, we are just one Judiciary. The Supreme Court is not separated from the Court of Appeals or from any of the other courts. Your fate is our fate, as our fate is also your fate. “I think that never have we been So to the extent that we can exercise whatever generosity we can extend to help in the requirements for the upgrading of the prouder of our Court of Appeals than and Court of Appeals, we have been doing that. We also reiterate at this time in history when in the face of the initial seeds of the ideas for reform, further reform, that we have planted during the times when I have had the occasion criticisms, it has shown fearlessness in to talk with your esteemed Justices not only in Manila, but also upholding what is right and what is just.“ in Cebu and Cagayan de Oro. I have requested that the Court of Appeals take the lead in the completion of records for cases that are appealed from the second-level courts, considering that I think that never have we been prouder of our Court the completion periods actually account for a significant part of Appeals than and at this time in history when in the face of the lifetime of a case. Maybe this completion of records can of criticisms, it has shown fearlessness in upholding what is further be looked into. right and what is just. Of course there are still many, many queries from the public that need to be eventually addressed, I would also like to reiterate my appeal that you open and doubts that should be dispelled. The people must see that yourselves to further requests from the Supreme Court, to help the Court of Appeals, in being the second highest court of it with its increasing problem of too much inflow. Its problem the land, is a steady hand that will give succor to our people, right now is really being flooded with too many cases, so that especially those who are oppressed and those who are deprived even while our case output in absolute numbers is increasing, of their fundamental rights. the problems of the highest court of the land can only be addressed, I think, through a significant help from the Court Allow me to leave with just a simple thought. As I scan of Appeals. So we will be going to you and asking you for your today’s landscape, the elections point to increased anxiety help in that regard. among our people. This is part of what I sense is a palpable anticipation of what the Supreme Court and the Court of I am also happy that the Court of Appeals has been Appeals, together with the Sandiganbayan, the CTA [Court of very active in our reforms in the Philippine Judicial Tax Appeals], and the other courts – but especially these two [PhilJA]; and that on its own and in connection with PhilJA, highest courts – will do in the next few months. Our people it has been further upgrading the skills and the knowledge, look to us for wisdom. Our people look to us to speak with necessary for handling different cases as required not only by a voice that is sober, with a hand that is even; that they look the Justice but also by the staff of the Court of Appeals. We to us as a court weighs cases fairly and squarely — that is not thus put our utmost trust in your capability to lead the country swayed by politics, by privilege, by wealth, or power — but a in terms of upholding and respecting the rule of law and in court, two courts, animated only by the undying devotion to dispensing justice in a speedy manner. We show this trust duty, the duty to uphold justice, to embody the noblest ideals especially when we relegate or remand to the Court of Appeals of our people, to give life to their highest aspirations that we the trying of facts when the case calls for judicial remedies — may live in an era of prosperity and peace. such as the writs of amparo, habeas data, and kalikasan — and of course when it involves your jurisdiction over Anti-Money For this I ask that we invoke not only the collective Laundering Act cases. This year and the past year prove that, wisdom reposed in our individual hearts and in our collective increasingly, the Court of Appeals can be a trusted vanguard learnings. But we also invoke the help of God, that we may go in our country’s fundamental protection of individual rights through this period with a sense of equanimity, knowing that and liberties. we are doing what our conscience, and only our conscience, 10 Court of Appeals Journal dictates; and that regardless of what fears the future may try to greater ardor for our work, even greater desire to be of service induce in us, we will remain undaunted and unafraid, because to our fellow men. At the end of the day, whether it will be we are doing right. 80 years, 90 years, 100 years, from now, we will always be confronted with the long-term question of whether we were I have tried to live and do right by every employee of true to ourselves, whether we were true to our conscience, the Judiciary. I have tried, within what is acceptable accounting whether we upheld our oath in the best possible way we could. and budgeting rules and regulations, to lead the Judiciary with utmost fidelity to the fiduciary duties reposed in the Chief So, with all the gratitude of a Chief Justice who is Justice with respect to our people’s purse and property. Your humbled by your great traditions, allow me again to effusively PJ has also sought to do that. In return, let us show that the congratulate you on your 80th anniversary. (applause) • blessings our jobs give us will be recompensed with even

2016-2018 ASSOCIATION OF COURT OF APPEALS EMPLOYEES (ACAE) OFFICERS

EDWIN S. AVANCEÑA President

EMELDA P. HICARTE Vice President

MELIZA G. DOMINGO Secretary

ROSEMARIE YAO AGUILA Public Releation Officer

BERNADETTE B. LLENOS-MINGAO Treasurer

RHODORA EMMYRUE DEVERAS Auditor

BOARD OF DIRECTORS:

REVCELONE A. YUMANG IMELDA R. ADAN GLORIA FE GOMEZ GERARDO S. DELFIN MELCHOR TIONGSON Court of Appeals Journal 11 MMDA Second Metro-Wide Earthquake Drill 12 Court of Appeals Journal The Court of Appeals’ Journey Towards Excellence By Christina Marie F. Lloren (The following is a verbatim reproduction of the winning article in the Essay Writing Contest) Lyndon Johnson, the 36th President of the United States death, before these cases were submitted to the Supreme Court. once said “The Most Noble Search is the Search for Excellence.” In 2005, it was granted jurisdiction over petitions for freeze Nothing is more true for it is only through our quest for order over any monetary instrument or property involving excellence that we are molded into becoming the best we can be; unauthorized activity under the Anti - Money Laundering Act. it is only by reaching for excellence that we are able to find true In 2007, it was also granted jurisdiction over petitions for Writs meaning and fulfillment when we render our services to others. of Amparo, and in 2008, it was likewise granted jurisdiction over petitions for Writs of Habeas Data. The Court of Appeals has embarked on this journey when it envisioned a “court where judicial excellence is a daily Aside from all these, the Court continues to initiate reality.” This vision, together with the Court’s creed- “Justitia Per programs and activities to move forward and meet the demands Legem” or Justice through Law-have served as guiding principles of time. In 2008, the Court was totally computerized, which in the Court’s commitment to render justice and uphold the paved the way for the expeditious rendition of the Court’s rule of law-a Herculean task which requires the infusion into services and processes, as well as the drafting of its decisions the institution of certain traits and characteristics, that will serve and orders. Its evolution has certainly helped the court make its as the Court’s bedrock. These traits and characteristics along mark in our history. with the collaborative efforts of all the members of the Court’s workforce acting together as one family, will greatly aid the The second step which the Court of Appeals has Court in realizing its ideals and bringing its goals into fruition. undertaken is its continued ENHANCEMENT over its services, processes, and its workforce. Since the time of its creation, the This Herculean task - the pursuit of excellence, they Court has not ceased in looking for ways to improve itself. say, can be achieved by taking the most humble of steps. As Consistent with its mission to uplift the lives of the people, the a member of the Court of Appeals, I believe that the Court Court has engaged in numerous automated innovations for a has undertaken these “humble steps” in the performance of its speedy, impartial, just, and accessible justice system. duties. These steps are what I call the “E’s” for excellence. One such innovation is the implementation of the The first step that the Court has undertaken is One-Stop Processing Center which aims to make the filing of EVOLUTION, which has been defined as the process of cases and pleadings easier or less tedious, as the basic frontline changing into a certain direction. Evolution is necessary for the functions of the Court are consolidated into one. Efforts are Court to adapt and meet the morphing challenges and demands also being made for the electronic filing of cases for easier of time. It encompasses innovation, creativity, and improvement, access to the Courts. which are characteristics that are indispensable for one to attain the extraordinary. Another innovation which has greatly expedited court procedures and processes is the Case Management Information The Court of Appeals has certainly evolved in size and System (CMIS) which was launched by the Court in 2010. It aims number over the years. From its humble beginnings of eleven to provide real-time monitoring of cases. With the CMIS, the Judges in the 1930’s, it has grown with sixty nine justices at employees and Justices were able to track the status of the cases present. In 1996, the number of divisions was increased from submitted to them for decision with ease, thereby promoting seventeen to twenty-three, the full implementation of which was efficiency and fostering responsibility and transparency. done in 2004, with the opening of the Cebu and Cagayan de Oro Stations. In the same year, the Court also launched the “Zero- Backlog Project,” aimed at de-clogging the Court dockets. Under The jurisdiction of the Court was also expanded. In 2004, this program, the Justices, along with the members of their staff, it was allowed by the Supreme Court, in the case of People v. were encouraged and motivated to dispose more cases every Mateo, to conduct an intermediate review over criminal cases month. With the cooperation of its entire workforce and the in which the penalty is life imprisonment, reclusion perpetua, or Continued at Page 21 Court of Appeals Journal 13 Executive Order No. 201: A Welcome Development for Public Servants By Justice Remedios A. Salazar-Fernando The social phenomenon of for instance, issued E.O. 219 in 2000, in the judiciary. Thus, starting last week “Brain Drain” presents itself not while former President Arroyo issued of April, the salary differential was given only when skilled Filipino workers E.O. 22 in 2001, Administrative to our CA employees. leave our country for greener pastures Order No. 144 in 2006, E.O. 611 in abroad, but also in instances when 2007, E.O. 719 in 2008, E.O. 811 in The principle is equal pay for government employees transfer to 2009, and E.O. 900 in 2010. President work of equal value. The goal is to private companies with more lucrative Aquino, meanwhile, implemented the bridge the gap between the salaries and offers. To some fresh graduates, the third tranche of SSL III through E.O. benefits of government employees and idea of public service does not even 40 in 2011, and the fourth tranche their counterparts in the private sector cross their minds due to its meager through E.O. 76 in 2012. who are doing comparable work. To benefits. The way they look at it, it’s illustrate, under the first tranche in basically lower pay for higher volume The recent Salary Standardization E.O. 201, an Associate Justice of this of work. Some say that the only thing Law of 2015 (SSL IV) encountered a Court is entitled to a basic salary of positive in government is job security, glitch when contingents of the Senate Php 96,354.00 (SG 30), while a Court as private employment is somewhat and the House of Representatives in Attorney V and a Court Attorney IV uncertain and has a higher “mortality the Bicameral Conference Committee will earn Php 67,690.00 (SG 26) and Php rate,” so to speak. disagreed on the provision regarding 61,971.00 (SG 25), respectively. This is the indexation of pension benefits of not bad considering that the starting As a brief history, salary retired uniformed personnel. Senator salary for associates in big law firms is standardization came to the fore through Trillanes pushed for the indexation of around Php 40,000.00 to Php 50,000.00. the 1957 Position Classification Plan, these pension benefits, but the House Meanwhile, underbars or law graduates followed by Presidential Decree No. explained that there are no available earn about Php 25,000.00 to sometimes 985 enacted in 1976 and Presidential funds for this measure. as low as Php 18,000.00 in small firms, Decree No. 1597 in 1978. Years later, which figures are relatively lower than on August 21, 1989, Republic Act No. This prompted President Aquino what our Executive Assistants V, for 6758 or the “Compensation and Position to issue Executive Order No. 201, instance, are earning. These are only Classification Act” was passed. This considering that Php 57.91 Billion general figures or rough estimates, as piece of legislation is what is known has already been appropriated for compensation packages vary from one as the “Salary Standardization Law.” this purpose under the 2016 GAA. firm to another. This was followed by the “SSL II” in Executive Order No. 201 cites as its 1994, enacted by Congress through legal basis Section 13 of Presidential While government lawyers seem Joint Resolution No. 1, then the “SSL Decree No. 985 and Item 17 (iv) of to earn a little bit more than their private III” in 2009, or Joint Resolution No. Joint Resolution No. 4 series of 2009, counterparts during the initial years of 4. Lastly, of course, is the recent Salary on the power of the President to practice, the discrepancy arises as the Standardization Law of 2015 (SSL IV). revise the Compensation and Position years go by. Associates, after two to three Classification System. years, already earn about Php 70,000,00 The righteous objective of to 80,000.00 in some firms. In other Salary Standardization Law IV and its E.O. 201 grants increased benefits words, the gap widens in senior or higher offshoot, E.O. 201, is to attract, retain, to all civilian personnel regardless of positions. This is because law firms have and motivate our public servants. A well- appointment status, providing for a various methods of compensation, such compensated civil service uplifts the retroactive effect to January 1, 2016. The as guaranteed salary increases every image of our government institutions as benefits under E.O. 201 has three (3) year, quarterly allowances, all kinds of decent and respectable, thereby diluting components: (1) an increase in the basic bonuses, and of course, profit-sharing. the perception that our public offices salary under a modified Salary Schedule; When Associates are promoted to are run by desperate crooks who are just (2) a Midyear Bonus equivalent to one Senior Associates after they reach more waiting for something to come their way. month (1) basic salary to be given not or less their 4th year in the firm, and later earlier than May 15; and (3) an Enhanced on to Partner after at least eight years, The salary increases during Performance-Based Bonus. it is at this point when their salaries the gaps between these years were become significantly higher than their implemented through Executive Thru A.M. No. 16-03-06-SC dated government counterparts. The same Orders. Former President Estrada April 19, 2016, E.O. 201 was implemented Continued at Page 22 14 Court of Appeals Journal

Hyacinth Marie T. Salig Hyacinth Marie Salig graduated from the of the Philippines Los Baños with a degree in BS Economics in 2010. She immediately studied law at San Beda -Mendiola and transferred at Arellano University School of Law where she graduated in June 9, 2015. She took the 2015 Bar Examinations and passed with the help of the Almighty God and the support of her family and friends. She worked as an apprentice at the Public Attorney’s Office – Pasay City from April to June 2013 and experienced litigation practice for the first time. In August 2014, she joined the Global Leadership Program of the Asia Children Charity (ACC) held at Seoul, South Korea where she gained friends from different Asian countries and learned the rich culture of South Korea. Hailed from Los Baños, Laguna, she stayed there all her life until she started studying law in Manila. She is the eldest among five siblings. She loves playing sports and was an active member of the softball, volleyball and basketball teams when she was in high school and college. She is a cheerful, hardworking and friendly person and cares deeply for the animals and the environment. She is currently an Executive Assistant IV in the Office of Justice Elihu A. Ybañez.

Maria Czabrina O. Domingo

Maria Czabrina O. Domingo earned her Bachelor of degree from San Beda College of Law-Mendiola and her bachelor’s degree in Philosophy from the University of Santo Tomas. She was part of the 2014 Internship Program of the Office of the Solicitor General, and is currently assigned at the Office of Justice Francisco P. Acosta.

Karmela Trisha P. Garcia

When confidence, energy and hope are totally eclipsed by ordeals and tormenting doubts, it is at this precise moment that the desired success is at our fingertips. That is why for Atty. Karmela Trisha Paredes Garcia, it is at that instance that one must muster the will power to reach for her dream. True enough, with solid determination and tenacious belief in her aspirations, Atty. Trisha has travelled and has reached her destination, one of many. And taking it one step at a time, her adventure, now as a member of the Bar, awaits.

Atty. Karmela Trisha Paredes Garcia obtained her degree in AB Philosophy at the University of Santo Tomas in 2009. She earned her degree at San Beda College-Mendiola and was admitted to the Philippine Bar in 2016. Currently, she is working as an Executive Assistant V-Contractual to Honorable Associate Justice Victoria Isabel A. Paredes. Prior to her employment with Justice Paredes, she worked as an Executive Assistant V-Coterminus to Honorable Associate Justice Hakim S. Abdulwahid in 2014 until he retired from office last June 12, 2015.

Alpha Grace P. Ampong Alpha Grace P. Ampong, or Alps, hails from Tanay, Rizal. She received her bachelor’s degree in Legal Management from the University of Santo Tomas where she graduated cum laude. She thereafter obtained her degree from the College of Law. She currently works as an Executive Assistant V at the Office of Justice Henri Jean Paul B. Inting.

Jomelle P. Mutiangpili-Marquez

Jomelle P. Mutiangpili-Marquez, more commonly known as “Jem,” earned her Legal Management degree at De La Salle University-Manila and completed her Bachelor of Laws at San Beda College-Alabang School of Law. She joined the Court of Appeals in March 2015 and currently holds the position of Executive Assistant V at the Office of Justice Sesinando E. Villon. Jem has more than five (5) years experience in the private sector. She also did her internship at the Office of the Solicitor General in 2003 and at Fortun Narvasa & Salazar Law Offices in 2012. Now, at 32 years, she is happily married and expecting her first child.

Kristine Joy N. Puracan, CPA

Atty. Kristine Joy N. Puracan, CPA is the Supply Officer II of the Property and Supply Management Unit of the Court of Appeals-Cebu Station. She is a pioneer employee of the Court of Appeals-Cebu and has been with the Court for more than 11 years. She graduated Bachelor of Laws from the University of San Carlos School of Law and Governance last March 2015. Passion for the laws and the dream for public service have been her driving force in finishing Law school while working at the Court. Her favorite Latin Maxim isPer Aspera Ad Astra. Court of Appeals Journal 15

Maria Jessica Erlinda Angela M. Garcia

Jessica is someone who can be described as very careful. Before she gets herself into anything, she makes sure she will be able to achieve her goals. She thinks before she acts and has a good head above her shoulders, which is one of the many reasons why her peers and even older people admire and respect her. Simple and unassuming, she is someone who upholds traditional values, and who has great integrity—two things that are a rarity in today’s generation.

Ruth Ann Q. Ong

Ruth Ann Q. Ong is the Executive Assistant II at the Office of Justice Celia C. Librea-Leagogo. She obtained her law degree from San Beda College Manila in 2015. Her interest includes the following: beach, pizza, fashion, movies, and any outdoor activities.

Sara Mae D. Mawis

Sara is the eldest of the four children of Rodeo B. Mawis, an engineer, and Soledad D. Mawis, a lawyer. She graduated from St. Scholastica’s Academy of Marikina for her elementary and high school education and from the Ateneo de Manila University with degrees in in Management, major in Legal Management and Juris Doctor, in 2009 and 2013, respectively. She is currently working as Executive Assistant V for the Office of Justice Jhosep Y. Lopez, Court of Appeals.

RALPH J. SANCHEZ A native of Hilongos, Leyte, Ralph Sanchez was born on July 12, 1988 to Roque Joel Sanchez and Raquel May Juntilla Sanchez. He is the eldest of their four children. Mr. Sanchez completed his Bachelor of Arts degree in Political Science from the University of the Philippines in 2009. Before he studied law, he worked as a Human Resource Specialist for two years in Aegis People Support, a BPO company. Mr. Sanchez obtained his Bachelor of Laws degree from the University of San Carlos in 2015 and just recently passed the 2015 Bar Exam. At present, he is working as an Executive Assistant to Hon. Associate Justice Gabriel Ingles, the Executive Justice of Court of Appeals-Visayas Station. Mr. Sanchez aspires to become a Court Attorney and eventually become a Division Clerk of Court. He also plans to earn a Masters Degree in Law and become a Law Professor.

Rhyan John Pagaran (by Judge Rochelle Marie Zambas-Ucat, MTCC Branch 4, Butuan City) I met Rhyan 5 years ago when we became part of Justice Laguilles’ staff at the Court of Appeals- Cagayan De Oro Station. He is the most simple and unassuming guy at the office. He has not changed a bit. He was always there to lend a helping hand at the Office without any complaints. I can personally attest to this when I rushed him off to obtain, on my behalf, my bar rating and certificate as a member of the Bar at the Office of the Bar Confidant as part of my requirements in my first application for judgeship position. This is one of the many stories proving that he is a dependable guy. He made a lot of sacrifice to get to where he is now. All his sacrifices and patience have finally paid off now that he will soon be part of this noble profession. Indeed as the saying goes, “good things come to those who wait, but better things come to those who are patient.” Again, Congratulations for passing the 2015 Bar exams!

John Gilbert Fernandez Macabales

John Gilbert Fernandez Macabales is a graduate of the UST Faculty of Civil Law. He took up A.B. Philosophy as his pre-law in the same university. He is an athlete who loves playing different kinds of sports–basketball, volleyball, badminton, ping pong, and lawn tennis. He sings at weddings, anniversaries and other merry occasions. Playing the piano is his favorite pastime. Being raised within murals of a seminary for eight long years has taught him that everything is grace–no exception. 16 Court of Appeals Journal Women’s Month 2016 By Ms. Aileen Alonzo Office of the Assistant Clerk of Court

The Court of Appeals-Gender shortly. “Everyday I Love You” stars remarks of the program. She thanked and Development (CA-GAD) Focal Enrique Gil as “Ethan,” a driven young the participants for their time and effort Point headed by its Chairperson Justice man from Manila who works for a TV to be present in the activity. She likewise Remedios Salazar-Fernando, and Co- company, Liza Soberano as “Audrey,” a thanked Atty. Fargas for her untiring Chairpersons Justices Jane Aurora romantic old soul from Silay City, Negros support of CA-GAD activities and the Lantion, Manuel Barrios and Leoncia Occidental who is in a relationship with GAD members for all their hardwork to Dimagiba, led the Court of Appeals laid-back haciendero “Tristan” portrayed ensure the success of the project. in celebration of the 2016 National by actor Gerald Anderson. Women’s Month with the film screening The Philippines, by virtue of of the romantic-drama movie “Everyday After the movie screening, Atty. Proclamation No. 227 s. 1988, observes I Love You” on March 28, 2016 at the Fargas provided a gender-perspective the month of March as Women’s Role Auditorium of the CA Centennial critique. She emphasized the roles and in History Month. Republic Act No. Building. stereotypes that the film ascribes to its 6949 also provides that March 8 shall characters based on gender. She noted be celebrated as National Women’s Justice Leoncia R. Dimagiba that the theme expressed in the movie Day. This celebration is simultaneous opened the program and welcomed wherein the female character “Audrey” with the International Women’s around 189 employees who participated exists to please “Tristan” is a common Day, a commemoration of the mass in the activity. Atty. Anita Jamerlan- gender stereotype, which could have been mobilizations of American working Rey, Assistant Clerk of Court and also avoided if men recognize gender and women in the early 20th century to protest a member of the CA-GAD Committee sex roles. Overall however, Atty. Fargas low wages and poor working conditions. introduced the guest speaker, Atty. commented that the movie is a gender This movement led to future reforms Flordeliz Cabanlit-Fargas, Chief of fair film because it portrays the women of and recognition of women’s rights in the the Policy and Development Research today and the manner in which we should workplace. Office of the Judicial and Bar Council treat the women in the future. (JBC). This year’s National Women’s Assistant Clerk of Court, Atty. Month highlights the theme “Kapakanan The film screening proceeded Anita Jamerlan Rey, provided the closing ni Juana, Isama sa Agenda.”• GAD Seminar On April 20-21, 2016, fifty selected lawyer and non- Focal Point, headed by its Chairperson Justice Remedios Salazar- lawyer employees of the Court of Appeals Manila attended Fernando, and Co-Chairpersons Justices Jane Aurora Lantion, the Seminar-Workshop on Gender Awareness and Sensitivity Manuel Barrios and Leoncia Dimagiba. Atty. Flordeliz Cabanlit- and Lecture on Sexual Harassment at Luna Hotel, Vigan City, Fargas, Chief of the Office of Policy and Development Research Ilocos Sur. of the Judicial and Bar Council, facilitated both activities.• The seminar-workshop assessed the participants’ understanding of the concepts of sex and gender, as well as heightened their awareness and sensitivity to the use of gender-fair language. The event also served to update the participants’ knowledge of applicable laws and procedure provided by the Supreme Court and the Court of Appeals on the filing of sexual harassment cases. A similar activity was conducted for lawyer and non-lawyer employees of the CA-Cebu Station on May 17- 20, 2016, which focuses on the Law on Violence Against Women and Children and Magna Carta for Women. The activities were sponsored by the Court of Appeals Gender Awareness and Development (CA-GAD) Court of Appeals Journal 17 Sage from Marikina Sagrada Mahistrada By Presiding Justice Ruben T. Reyes (Ret.)

(This article was earlier published in the Manila Bulletin, 13 November 2015, p.14)

It was past All Saints’ Day when could be called Sagrada Mahistrada. She the editorial “The Court of Appeals in news came that former Court of Appeals went to church daily. In her retirement Historical Perspective.” PJ Montoya in her Presiding Justice Salome A. Montoya was years, she devoted most of her time to message, along with that of Chief Justice gone. A sister of her asked if I could civic, charitable and religious work. Hilario G. Davide, Jr., declared in her deliver words of remembrance and I opening statement: responded as a matter of obligation and privilege. The late PJ was a most “As the CA celebrates its 65th disciplined, dignified, and dedicated elder anniversary of its foundation, it is but colleague and I had the good fortune to appropriate that we remember the men follow, after four years, on her journey to and women who were once, and the ones head the Appellate Court. who still are, part of the court and who contributed their legal expertise, their Her name revealed her personality uncompromising probity, integrity, and and identity. Salome comes from the impartiality to the attainment of its prestige Hebrew word “Shalom,” which means as a bastion of justice in this country.” peace. Montoya is Spanish for “Monte” meaning hill or highland. Indeed, she was Curiously, the number “4” had a a peace-loving magistrate who reached the dominant presence in her life and career. highest post in the second highest court She was the 4th child in a brood of 17. of the land. She finished her elementary schooling in 4 years. She was 1954 Bar Examinations True to her initials, she was an sixth placer. Starting as municipal then academic sage from Marikina, graduating as metropolitan judge, she was assigned as valedictorian in secondary and PJ Montoya was not only a in 4 places – Pililia, Parañaque, Pasay, and vocational courses, cum laude, and most woman of peace and sobriety, she was Makati. In the latter city, she served for outstanding law student in Far Eastern also a woman of prayer and meditation. 14 years, after she became a regional trial University and scholar in Master of Laws. For an intellectual, these are rare, court judge. Promoted to the Court of admirable virtues. Prayer, which includes Appeals, she ascended as the 4th lady She was a sober magistrate. supplication and meditation, impacts Presiding Justice, the 49th PJ, and 14th Most conspicuous she was in her silent favorably on people who believe in it – Achievement Awardee for retiring without demeanor. The adage “Silent waters run the ones who pray and the persons prayed an unresolved case. Her entire judicial deep” fitted her. She seldom talked. When for. It helps shape our destiny, contrary service spanned a period of 42 years. But she did, there was sense and substance. to some thinkers’ view on predestination. she, had also the number “1.” Born in Nevertheless, she had a ready smile to Many of those who received sensitive 1931, she was elected No. 1 Councilor of friends; she enjoyed the pleasantries appointments to the judiciary can attest Marikina on her 1st year as barrister. She in coffee breaks and dinner functions, that theirs were answered prayers. I am retired as CA PJ in 2001. especially on retirement occasions and sure PJ Montoya had the same experience. Court anniversaries. PJ Montoya fortunately lived to a Apart from exemplifying sobriety, ripe age of 84, four years longer than the Over and above her numerous sapience or sagacity in her ponencias, and Biblical age of 80 with bonus. It’s not professional civic and religious mild manner in her court management, only a long life, it’s certainly a Significant, recognizations earned, she treasured most it was in her tenure as PJ that the sole Meaningful life we all can learn from. her Papal award Pro Ecclesia et Pontifice. historical and biographical magazine It’s a life we in the Court of Appeals will Someone said she was one of only two titled, “Justices of the Court of Appeals cherish. A life all peace-loving, justice- persons who had received such an award in (1936-2011)” was produced. As vice craving, righteous-living Filipinos should the Archdiocese of Antipolo. For this, she chairman, I had the honor of writing remember. ● 18 Court of Appeals Journal Eulogy for Chief Justice Renato C.Corona By Justice Ma. Luisa Quijano-Padilla

(The following is the speech given by Justice Quijano -Padilla during the necrological services for Chief Justice Renato C. Corona) Good afternoon to my fellow poise and authority. Despite his silent endearing boss and a good family man to workers in the Judiciary. ways, his demeanor commanded respect his wife Tina and their kids – he is also a from his fellow students. It seemed then well-loved Chief Justice. He is the Chief This is the second time that I that he is destined to be a great man...and Justice who remained humble and who was requested by the Philippine Judges’ indeed he was. kept his passion for truth, justice and Association to deliver a speech as a tribute fairness. to this great man, the 23rd Chief Justice of The famous author Kahlil Gibran the Supreme Court, Renato C. Corona. said: “You give but little when you give of This week, we welcomed a your possessions.” But “it is when you give new generation of lawyers in the legal The first one was a happy occasion: yourself that you truly give.” This is exactly community and I feel that it is only I was then an RTC Judge in Quezon City what Chief Justice Corona did. He gave so appropriate that I close this tribute using the when I gave a speech during the testimonial much because he gave himself to us. the words of Chief Justice Corona himself dinner for him as the newly appointed in his statement dated January 28, 2011, as Chief Justice of the highest court of the He devoted his time as a public an inspiration to the youngest members of land. Today, I am called upon to speak servant. He was the assistant secretary for the legal profession, and I quote: to pay our last respect to this same man legal affairs of President Fidel V. Ramos, as he leaves the physical world to join our under whose administration he later served At bottom, what matters Creator. as presidential counsel. He eventually is the person himself and not became the chief of staff and acting the school he came from. Fancy Truth is, I was hesitant to accept executive secretary of former President degrees and even fancier facilities this invitation for I might not be the best Arroyo. do not really account for much person who can do honor to the task of when we talk of a lawyer’s moral giving a eulogy fitting for the Chief Justice. Then, he was appointed as Chief values, a balanced grasp of law But as a classmate in the Ateneo law school, Justice of the Supreme Court. and reality, the ability to analyse I can give you a glimpse of how he was as situations and motivations, and a student. After the glorious days, all of us in a passion for justice, truth and this Hall know what happened. fairness. And, I might as well add, The Chief Justice was the quiet and But for me, and I believe, for many the courage to stand his ground serious type. He would come to school of us, he is remembered not only as an Continued at Page 19 just when the class is about to start so I rarely see him spend time having casual conversations and joking around with our classmates, especially since we do not share the same circle of friends. He also does not frequent the school library to scram for the SCRAs and other law books - probably because he has a more extensive library at home than what we had in the Ateneo back then. Yet, even if he does not study for hours in the library, he was always among the top students of our class.

Aside from his brilliance in class, and good looks of course, the Chief Justice is likewise admired for his refined manners. He was and he remained a true gentleman. During our student days, he already exuded Court of Appeals Journal 19

Spiritual Message By Justice Alicia V. Sempio-Diy (Ret.)

Need I remind you that we are not only physical bodies, We are living on borrowed time. Death can claim us but spirits with physicial bodies? We are children of God in at any time, without regard to age, health, sex, station in life, spirit, because God is Spirit. And when our physical bodies die, nationality, or creed. as they will surely die, our spirits live on, to be judged by the Divine Judge, our Father. How do we prepare for death? From all that I have studied and learned, I have come to know that the home that But even while on earth, we are already sparks of God’s awaits us in the spirit world depends on the lives that we had divinity, being His children. And we can fan that spark of lived on earth. If we had honestly tried to do the best we can, divinity into a flame by the lives that we live, so that a greater then we need not fear death. That is the acid test that determines expression of divinity is made known through us. our spiritual status when we die. Acts of love and service to others will naturally raise our spiritual status when we die. Sins What, indeed, is the purpose of our earthly existence? of omission or commission will justly certainly retard it. There Surely, not to enjoy and be merry, for life is difficult and beset is, therefore, the supreme necessity for us to lead the best kind with many trials and problems. But these trials and tribulations of life we can on earth, to render acts of love, compassion, and are sent to us by God to develop our spiritual qualities, to build kindness, and to give service whenever we can. characters, for in every trial and tribulation, there is a lesson to learn, and if we learn these lessons, we develop a right set of Spiritual discipline must be lived and not merely learned. moral and spiritual values, and we become more spiritual and It must be practiced in homes, in church, in the office, in the less materialistic. community, yes, in the whole country, among nations, and ultimately, by all mankind. It is spiritual discipline that impels To develop spiritually, what we need is the exercise of us to subordinate our material desires to our spiritual goal. discipline. By doing so, we gain control of our thoughts, words, and deeds. And by the practice of spiritual discipline, this Spiritually, we are all one, as God made us members purification of our hearts and minds gradually becomes habitual of one vast spiritual family. When this fact is understood to us, so that as we strive for material wealth, success, and and applied in human, national, and international life, we prosperity, we are also guided to care for things eternal, things will all love one another as brothers, and war will be driven that inspire us to love our fellowmen as God loves us, and to do out from the face of the earth, for man would have learned service to them, to our country, and to humanity. to love and not to kill his spiritual brother.●

Eulogy... from Page 18 when he is right. rules read and learned on my own. example I showed them and the x x x Life indeed is one grand classroom inspiration I gave them to serve and one simply should never stop the others by imparting justice to those As Chief Justice of the quest for knowledge and experience. who need it. Supreme Court, I make it a point to remind our young court attorneys that And talking of these young In the end, this is all that really their law school education is just a lawyers in the Court, I am at my matters and all I would like to be starting point in their career as lawyers. proudest every time one of them remembered by: that, in the Corona The reality is that its value diminishes x x x comes to me with the good Court, right always found a sanctuary over the years. Many of the laws I news of his or her appointment to and wrong never found refuge. learned in law school do not even exist the bench. I would like to believe anymore. Most of what I know and that they chose to follow my path Thank you and farewell Chief apply today consists of statutes and in the judiciary because of the good Justice Corona. ● 20 Court of Appeals Journal CA-Cebu Goes “Ready, Set, Safe!” for Teambuilding 2016 By Atty. Agapito G. Cartagenas Court Attorney IV Reporter’s Unit, CA Cebu Station

On March 18, 2016, the CA-Cebu a 15-minute Zumba followed thereafter. Cross volunteers and the participants. conducted its annual teambuilding with The participants flexed their muscles, Truly, it was an action-packed morning the theme “Ready, Set, Safe!” held at moved with the music and danced until session which was a good preparation Papa Kit’s Marina and Fishing Lagoon they are drenched in sweat. To cool for the most awaited midday activity- (Liloan, Cebu). It was a teambuilding down, they listened to the soothing voice lunch. Associate Justice Pamela Ann like no other. The CA-Cebu justices and and message of Presiding Justice Andres Abella Maxino closed the program, employees surely had their hands full on B. Reyes, Jr. Afterward, the highlight promptly declared “Ready, Set, Eat!” and that hot summer day. There was fun, first of the teambuilding took place—the encouraged everyone to proceed to the aid, food and more. earthquake drill and exercises. Led by Clubhouse for a hearty feast of seafood, Engr. Verneil Balaba of the Office of meat dishes and fruits. Teambuilding day started early. the Civil Defense, Region VII, the said The justices and employees of the CA- drill and exercises were the culmination The afternoon session was devoted Cebu station, led by Executive Justice and application of the seminars on solely for rest and recreation (R & R). Gabriel Ingles, trooped to Papa Kit’s at disaster-preparedness which were Participants had a choice to enjoy any around 7:00 AM. Upon registration, conducted by the same office at the of the recreational activities available at refreshments were served and the CA-Cebu Hearing Room on March 16, Papa Kit’s such as zipline, obstacle jungle program started shortly after the arrival 2016. Participants were exposed to an course, fishing, swimming, horseback of Presiding Justice Andres B. Reyes, earthquake situation, instructed on riding, wakeboarding and boating. Jr. together with Associate Justices what to do and prepare before, during The adventurous ones immediately Sesinando Villon and Elihu Ybanez. and after an earthquake, evaluated on engaged into action while the laid-back their performances and guided on the ones took their time to relax and enjoy Hosted by Attys. George Romea proper actions and procedures. The Red the surroundings. At 4:00 PM, it was and Dyan Cuevas-Gochangco, the Cross then gave a lecture and workshop called a wrap and everyone headed out program opened with a welcome address on first aid. Different scenarios of of Papa Kit’s. Another year, another by Executive Justice Gabriel Ingles. Atty. accidents, injuries, their treatments and teambuilding. Yet, it was a teambuilding Lourdes Apawan gave the invocation, and management were presented by the Red like no other, for good reasons. ● Court of Appeals Journal 21

The Court of Appeals’ Journey... from Page 12 innovations it had made, the Court has significantly reduced of its sworn duty to dispense with justice and uphold the rule the number of vintage cases submitted to it for decision, as the of law. In taking these steps, the Court has learned a lot and was Court endeavored incessantly toward this end. In the Cagayan molded into the Court that it has become today-a Court to be De Oro Station, for example, the Court has already disposed of reckoned with. all the cases submitted to it for decision in 2010. They say that excellence is measured by the distance one Aside from all these, the Court has also initiated activities has travelled from the point where it started. To this end, the for the enhancement of its workforce, bearing in mind that they Court of Appeals has come a long way. It has not reached the are what comprise the Court; they are the Court’s partners in its pinnacle, but it is getting there, and it is on the right track. This dispensation of justice. Every year, the Court holds proficiency is what matters. training seminars, retreats, sportsfests, tree planting activities, team building activities, and the like to nurture and foster unity, More importantly, despite what it has accomplished, cooperation, and camaraderie among all Court employees. it continues to acknowledge that there is still a lot of room Enhancement, indeed! for improvement. It revels in the fact that it can still seize the opportunity to evolve, enhance, and endure, honing and The third and final step which the Court of Appeals has cultivating its skills in the process. This, in my opinion, is the undertaken in this journey towards excellence is ENDURANCE. meaning of Judicial Excellence. So, Godspeed, Court of Through the years, the Court of Appeals had been the target of Appeals. You have overcome! ● criticisms, subjected to ridicule, and at times blamed for the current state of affairs. It had its fair share of the trials and tribulations in life. The Court of Appeals Journal EDITORIAL COMMITTEE In 2008, the integrity of the Court was tested. One of the Court of Appeals justices described the situation as one in PRESIDING JUSTICE ANDRES B. REYES, JR. which the Court was at the “center of attention, and not in the Chairman/Editor-in-Chief very good light that it deserves.” Another justice expressed his EXECUTIVE JUSTICE ROMULO V. BORJA view that “the second highest Court of the land was shaken.” EXECUTIVE JUSTICE GABRIEL T. INGLES Associate Editors Indeed, it was. Perhaps, it was the worst of times; but then it JUSTICE JOSE C. REYES, JR. was the best of times, for the Court was given an opportunity to JUSTICE MAGDANGAL M. DE LEON show its potential, and it did, with grace. It was able to get back JUSTICE MARLENE GONZALES-SISON JUSTICE FRANCISCO P. ACOSTA on its feet and like a phoenix, soared high. JUSTICE CARMELITA SALANDANAN MANAHAN JUSTICE MARIA ELISA SEMPIO DIY Editors Those circumstances triggered the renewed commitment of the Court towards integrity, morality, and responsibility. JUSTICE REMEDIOS A. SALAZAR-FERNANDO JUSTICE MA. LUISA QUIJANO-PADILLA The Court of Appeals launched the Judicial Reform Program JUSTICE GABRIEL T. ROBENIOL with its motto: We shall Overcome! All the Court employees PRESIDING JUSTICE RUBEN T. REYES (Ret.) JUSTICE ALICIA V. SEMPIO-DIY (Ret.) from the rank and file, to the magistrates were motivated and ATTY. AGAPITO G. CARTAGENAS MR. AMIEL C. DE VERA encouraged to perform their tasks with greater zeal and passion, MS. AILEEN ALONZO especially that the Court was under scrutiny at that time. The MR. FRANCISCO S. GUTIEREZ campaign for a Renewed Court of Appeals was felt throughout Contributors the entire Court, including the Cebu and Cagayan De Oro ATTY. MELIECAR R. CASTRO ATTY. JELAND OMER L. PORMENTILLA Stations. The Judicial Reform Program created a ripple effect ATTY. CHESKA ANN M. PAZZIUAGAN of great magnitude. The Court was tireless in its pursuit towards Managing Editors integrity, morality, and responsibility. As one family, the Court MS. KARENE M. MENDOZA MR. CONRADO C. CALACAR and its employees worked relentlessly to achieve their goals; and MS. LIZA R. REGALA they did, true to their motto. The Court was bent, but unbroken; Editorial Staff bloodied, but unbowed. It weathered the storm. MR. CARLO R. SANTOS MR. MANUEL DEVERAS, JR. Lay-out Artist Photographer On a personal note, I am honored that as a member of the Court, I have taken part in its journey, and have helped the The Editorial Committee welcomes articles, news and other manuscripts for publication. Please submit all contributions to the Office of the Editor at Court in taking these humble steps. The Court has imbibed the Room 300, Court of Appeals Main Bldg., Ma. Orosa St., Ermita, Manila. habit of evolving, enhancing, and enduring, in the performance Comments and criticisms are also welcome. 22 Court of Appeals Journal “WHEN JUSTICE WAS WRONG” By Justice Gabriel T. Robeniol

Coming from the private practice of law, occasions Notwithstanding my foregoing expectations, I had the when I can rub elbows with Justices whether of the Supreme equally immense hope that my expectations would be proven Court, Court of Appeals, Sandiganbayan, or Court of Tax wrong. Appeals were scarce. Most of these limited instances were And yes, this Justice was wrong. No sooner had I during official or ceremonial functions when Justices would introduced myself during the November 27, 2015 En Banc be clothed in their elegant black garbs while bereft of any Session did I see radiant smiles and felt the warm welcome facial expression except the stern and skeptical gaze usually of my fellow CA Justices. Everyone was all too eager to give trained towards lawyers pleading cases before them. Tersely, advice on my fledgling career in the Judiciary. A Justice, I saw the Justices while seamlessly portraying the coldness of despite her busy schedule, found time to guide me in an impartial and neutral magistrate. setting up my complement of lawyers and staff in the Cebu Except for a handful of Justices with whom I had Station. Another Justice, notwithstanding his full agenda for the distinct fortune of previously working together in the completing his transfer from Cebu to Manila, helped me in Office of the Solicitor General, the academe, or lawyers’ settling in Cebu City. The Justices in the Cebu Station always organizations, my long standing impression of Justices, have their office doors open for this novice in the Judiciary. including those in the Court of Appeals, is that they are My impression has totally changed and my hope turned true overly formal, certainly not amiable, sparing with their when, during the 80th Anniversary Celebration of the Court smiles, and unemotional. Upon my appointment to of Appeals held last February 1, 2016, I saw the CA Justices the Court of Appeals, this impression has become my in their worst judicial appearance but certainly in their best expectation of the Justices with whom I will work in Manila, artistic, dance, musical and comic performances. Cebu or Cagayan de Oro. This impression was affirmed This Justice, wrong as he may have been in his expectations when, during the En Banc Session held last November 27, of his colleagues in the CA, was, after all, right when he hoped 2015, which was the first official function I attended in to find, and did find, the persons under the black judicial robes the Court of Appeals, I saw the Justices displaying their with their bright smiles and warm welcomes. I thankfully impeccable sartorial elegance and wearing the darkest of admit that this Justice was wrong. ● dark suits and their crisply ironed barongs. Executive Order... from Page 13 unquestionably a virtue, a periodic review Utilitarian philosophical concept which goes for in-house counsels who easily of salaries and benefits is nonetheless recognizes that human behavior are earn six digits in some top companies. necessitated by the ever-increasing cost influenced through a system of reward of living and inflation. The purchasing and punishment, hence, “carrot” for This may be a bit demoralizing for power of money has drastically reward, and “stick” for punishment. In some, but this is the sacrifice of public weakened through the years. For the the context of E.O. 201, the grant of service. We enter this profession with same amount of money, we can buy less additional benefits to our government eyes wide open, and with hearts filled today than what we can purchase years workers mirrors the “carrot” approach, with contentment. While the salary of ago. A living wage should not be a mere as our public servants will surely be a Justice or a Judge may be said to be abstract concept or a punch line, since motivated to do their job diligently and modest as compared to partners in the our workers, especially those in the lower honestly through these incentives given biggest law firms, there is no monetary salary grades, are challenged everyday to them. equivalent to the honor, respect, and with what is really meant by a living sense of fulfillment in being a public wage. This is the reality that we have to While understandably, for some, the servant. Public service is its own face, which is why the government came increase under E.O. 201 is minimal, this is a reward. We voluntarily chose to serve up with measures like E.O. 201. step towards the right direction. We deserve our country with full awareness that we to be paid for the fruits of our labor and so are to lead modest lives. As a Buddhist Aside from providing competitive let us accept these benefits not only with a teaching says, “The origin of suffering salaries to government professionals feeling of gratitude, but also with a sense of is desire.” The key, as always, is to live so that we could enjoy a decent living, entitlement and consciousness of a greater within our means. one of the indirect benefits of SSL IV responsibility. With this, may we all be is curbing corruption. This illustrates the inspired to give back and repay our country While contentment is so-called “Carrot and Stick approach,” a by doing our work in the best way we can.• Court of Appeals Journal 23 A REFRESHING TREAT FOR CA EMPLOYEES By Amiel C. De Vera - ACAE President “Happy employees are productive employees.” The Court of Appeals, in cooperation with the equipment at the scene of the accident. Association of Court of Appeals Employees (ACAE), had taken its officials and employees on a 1-day out-of-town The event was filled with fun and exciting games. It was, refreshing treat to Puerto Azul Beach Resort in Ternate, indeed, a chillaxing treat for the employees because aside from last April 28, 2016 for its annual team building activity. Four the refreshing bath in the cold waters of the beach, food was (4) CA shuttle buses took the employees to the said place. overflowing like manna from heaven.

The program started with the Welcome and Opening There were lots of prizes that were given away. Aside Message of Mrs. Juanita P. Tibayan-Castro, Chief of the from the prizes for the winners of the cheering and game Personnel Division, while Mr. Amiel C. De Vera, ACAE competitions, there was also a raffle of prizes. The prizes at President, and Emelda P. Hicarte, ACAE Board Member, stake included the following: rice cooker, oven toaster, table took turns in hosting the program. electric fans, umbrellas, tee shirts, cellphone loads, and cash.

Capping the event were the usual cheering competition The frolicking was interrupted in the afternoon by a and team building games, viz.: obstacle course, sack race, and sudden thunderstorm, forcing the group to pack-up and tug-of-war. The competition was facilitated by Mr. Jerrick D. travel back to Manila. Though everybody were physically Villanueva of Puerto Azul Beach Resort. exhausted, the group returned home inspired and energized by the experience and wonderful memories that were developed Under the scorching heat of the sun, the teams competed during the activities. with each other while their teammates cheered for them. The Green Team emerged as the overall champion while the Red Out-of-town team building activity strengthens Team received the first prize for the cheering competition. employees’ work commitment. Miss Gloria Embiado brought home the prize for Best in Swimwear. Outdoor company team-building activity has been proven to be the simplest and most affordable way to boost Following the instruction of Honorable Presiding the morale of a company’s employees. Aimed on promoting Justice Andres B. Reyes, Jr., the event was also highlighted camaraderie and developing an effective teamwork, team by a lecture and practical exercises on Basic Life Support and building activities reactivate the bond among the employees by First Aid conducted by the Ternate-LGU Rescue Team. The allowing them to get to know each other better. This produces lecture was very informative. They taught the employees of a better and efficient employees working relation, thereby, the fundamentals of first aid and how to make alternative improving the company’s overall performance. Verily, happy or improvise equipment in case there are no available rescue employees are productive employees. CA-Cagayan de Oro Team Building 27 May 2016

GAD Day Care Summer Art Activity 27 May 2016