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July-SeptemberJuly-September 20072007 PHILJA NEWS

DICIA JU L EME CO E A R U IN C P R P A U T P D S I E L M I

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U N R N I I E B P P M P I L P E B AN L I ATAS AT BAY I C I C L H I O P O H U R E F T HE P T O F T H

July to September 2007 Volume IX, Issue No. 35

EE xx cc ee ll ll ee nn cc ee ii nn tt hh ee JJ uu dd ii cc ii aa rr yy 2 PHILJA NEWS PHILJAPHILJA BulletinBulletin

REGULAR ACADEMIC A. NEW APPOINTMENTS PROGRAMS REGIONAL TRIAL COURTS

CONTINUING LEGAL EDUCATION PROGRAM REGION I FOR COURT ATTORNEYS Hon. Jennifer A. Pilar RTC Br. 32, , The Continuing Legal Education Program for Court Attorneys is a two-day program which highlights REGION IV on the topics of Agrarian Reform, Updates on Labor Hon. Ramiro R. Geronimo Law, Consitutional Law and Family Law, and RTC Br. 81, , Romblon Review of Decisions and Resolutions of the Civil Hon. Honorio E. Guanlao, Jr. Service Commission, other Quasi-judicial Agencies RTC Br. 29, San Pablo City, and the Ombudsman. The program for the Hon. Albert A. Kalalo De Oro Court of Appeals Attorneys was RTC Br. 4, City held on July 10 to 11, 2007, at Dynasty Court Hotel, Hon. Leopoldo Mario P. Legazpi City, with forty-seven (47) RTC Br. 49, Puerto Prinsesa City, participants. The Court of Appeals Attorneys Hon. Agripino G. Morga attended the same program on July 31 to August 2, RTC Br. 32, San Pablo City, Laguna 2007, at Montebello Villa Hotel comprising forty- REGION X three (43) participants. Hon. Victor A. Canoy RTC Br. 29,

MUNICIPAL TRIAL COURTS IN CITIES ORIENTATION SEMINAR-WORKSHOP REGION IX FOR NEWLY APPOINTED JUDGES Hon. Ivan C. Mendoza, Jr. The 48th Orientation Seminar-Workshop for Newly MTCC Br. 2, Appointed Judges conducted on July 17 to 26, 2007 at REGION X the PHILJA Development Center, City, Hon. Cesar P. Bordalba had a total of forty-nine (49) judges in attendance. MTCC Br. 1, Surigao City There were eight (8) new appointees to the ; two (2) new appointees to the MUNICIPAL TRIAL COURTS Municipal Trial Court in Cities; fifteen (15) new REGION I appointees to the Municipal Trial Court; nineteen Hon. Joseph C. Añonuevo (19) new appointees to the Municipal Circuit Trial MTC Sta. Maria, Court; and one(1) new appointee to the Shari’a Circuit Court. Four (4) judges were promoted to Below are the participants of the 48th Orientation Seminar- the Regional Trial Court. Workshop for Newly Appointed Judges with PHILJA lecturer Justice Edilberto G. Sandoval. July-SeptemberJuly-September 20072007 PHILJA NEWS 3

Hon. Rosalinda S. Medinaceli-Gepigon REGION III MTC Bolinao, Pangasinan Hon. Ma. Cristina M. Pizarro Hon. Fervyn C. Pinzon 2nd MCTC Orani-Samal, MTC Anda, Pangasinan Hon. Emmanuel A. Silva Hon. Pauline O. Badol-Salve 3rd MCTC Orion-Pilar, Bataan MTC Balungao, Pangasinan Hon. Elenita D. Pascua-Sennido 2nd MCTC Gen. M. Natividad-Llanera, REGION II Hon. Nympha D. Abbacan REGION IV MTC Lubuagan, Hon. Edwin B. Buffe 6th MCTC San Agustin-Imelda, Romblon REGION III Hon. Arnel B. Caparros Hon. Felino Z. Elefante 7th MCTC Atimonan-Plaridel, MTC Sta. Maria, Hon. Ma. Theresa M. Navarro Hon. Fernando Y. Guerrero, Jr. 3rd MCTC El Nido-Gaudencia E. Abordo, Palawan MTC Gen. Tinio, Nueva Ecija Hon. Donna B. Pascual Hon. Nathanael A. Ramos 1st MCTC Luisiana-Cavinti, Laguna MTC Bongabon, Nueva Ecija Hon. Glenn D. Santos st REGION IV 1 MCTC San Andres-Calatrava, Romblon Hon. Walter Inocencio V. Arreza REGION VII MTC Pitogo, Quezon Hon. Antonio Manuel A. Alcantara Hon. Benno L. Bonifacio 4th MCTC La Libertad-Villahermoso, MTC Macalelon, Quezon Hon. Rosario Ester B. Orda-Caise REGION X MTC Alaminos, Laguna Hon. Exequil L. Dagala 8th MCTC Dapa-Socorro, REGION X Hon. Grace Monica Z. Lariba REGION XI MTC Lopez Jaena, Hon. Renato V. Tampac Hon. Lou A. Nueva MCTC -Lake Sebu, South MTC , REGION XII REGION XI Hon. Ottowa B. Abinal Hon. Angelita A. Alfonso-Tumanda 8th MCTC Molundo-Lumba-Bayabao-Maguing, MTC San Isidro, Hon. Aldohnne R. Umpa REGION XII 4th MCTC -Balbagan-Sulta-Gumander- Hon. Rainera P. Osua Kapatagan, Lanao del Sur MTC , North Cotabato Hon. Alexander B. Yarra th MUNICIPAL CIRCUIT TRIAL COURTS 5 MCTC Pinagkawayanan-Alamada, North Cotabato

REGION I SHARI’A CIRCUIT COURTS Hon. Crisma R. Vismanos-Nabua Hon. Omar A. Taher 5th MCTC Urbiztondo-Basista, Pangasinan SCC Pikit, Cotabato Hon. Rusty M. Naya 3rd MCTC Agular-Bugallon, Pangasinan B. PROMOTIONS Hon. Mervin Jovito S. Samadan REGIONAL TRIAL COURTS 8th MCTC Alcala-Bautista, Pangasinan NCJR REGION II Hon. Wilhelmina T. Melanio-Arcega Hon. Sergio T. Angnganay, Jr. RTC Br. 5, 14th MCTC Luna-Pudtol, Apayao Hon. Marcos C. Diasen, Jr. 1st MCTC Tinglayan-Tanudan, Kalinga Apayao (Continued on NEXT page) 4 PHILJA NEWS PHILJAPHILJA BulletinBulletin

Hon. Petronilo A. Sulla, Jr. REGION II RTC Br. 110, City Hon. Rogelio P. Corpuz Hon. Alberico B. Umali RTC Br. 27, , RTC Br. 138, City Hon. Merianthe Pacita M. Zuraek RTC Br. 29, Bayombong, Nueva Vizcaya REGION III Hon. Primo G. Sio, Jr. REGION III RTC Br. 23, City, Nueva City Hon. Richard A. Paradeza RTC Br. 72, City REGION IV Hon. Raymond C. Viray Hon. Winston V. Baldos RTC Br. 75, Olongapo City RTC Br. 41, , Oriental REGION IV Hon. Manuelito O. Caballes The 49th Orientation Seminar-Workshop for Newly RTC Boac, Appointed Judges was held on August 21 to 30, 2007, REGION VII at the PHILJA Development Center, Tagaytay City. Hon. Douglas Arturo C. Marigomen In attendance were twenty-nine (29) judges RTC Br. 5, comprising eight (8) new appointees to the Regional Trial Court, one (1) new appointee to the REGION IX Metropolitan Trial Court, one (1) new appointee to Hon. Romeo T. Descallar the Municipal Trial Court in Cities, seven (7) new RTC Br. 19, City appointees to the Municipal Trial Court, eleven (11) new appointees to the Municipal Circuit Trial Court METROPOLITAN TRIAL COURT and one (1) promoted judge to the Regional Trial NATIONAL CAPITAL JUDICIAL REGION Court. Hon. Ronald B. Moreno A. NEW APPOINTMENTS MeTC Br. 64, Makati City

UNICIPAL RIAL OURT IN ITIES REGIONAL TRIAL COURTS M T C C

EGION NATIONAL CAPITAL JUDICIAL REGION R VII Hon. Monique Ignacio-Quisumbing Hon. Ma. Josefa C. Pinza-Ramos RTC Br. 209, City MTCC, Danao City, Cebu MUNICIPAL TRIAL COURTS Below are the participants of the 49th Orientation Seminar- Workshop for Newly Appointed Judges with PHILJA REGION IV lecturer Sandiganbayan Justice Edilberto G. Sandoval and Hon. Edgardo P. Balquiedra Retired Court of Appeals Justice Hilarion L. Aquino MTC Gasan, Marinduque July-SeptemberJuly-September 20072007 PHILJA NEWS 5

Hon. Jose M. De La Santa, Jr. SEMINAR-WORKSHOP FOR EXECUTIVE JUDGES MTC Buenavista, Marinduque AND VICE-EXECUTIVE JUDGES Hon. Margarette A. D. Aspacio The Seminar-Workshop for Executive Judges and MTC Dolores, Quezon Vice-Executive Judges of Regions 4 and 5 was held on Hon. Maria Luisa L.G. Betic August 7 to 9, 2007, at the College of St. Benilde MTC Tiaong, Quezon Hotel, Malate, Manila. A total of fifty-seven (57) Hon. Wilfredo G. Oca participants attended, comprising thirty-seven (37) MTC Real, Quezon Executive Judges and twenty (20) Vice-Executive Hon. Nickie G. Tamparong Judges. The Seminar-Workshop for Executive Judges MTC , Quezon and Vice-Executive Judges of Regions 1, 2 and 3 was Hon. Maria May S. Zafranco-Redor conducted on September 4 to 6, 2007, at the Legend MTC Pagbilao, Quezon International Hotel, Subic Bay Free Port, . MUNICIPAL CIRCUIT TRIAL COURTS A total of sixty-five (65) participants attended the said program comprising twenty (20) Executive REGION IV Judges and forty (40) Vice-Executive Judges. Hon. Emmanuel Q. Artazo 4th MCTC Taytay-San Vicente, Palawan Among the lectures delivered in this three-day Hon. Lovelle Moana R. Hitosis seminar-workshop are the following: Selection and 2nd MCTC, Coron-Busuanga, Palawan Appointment of Executive Judges; General and Hon. Manolito Y. Gumarang Specific Powers, Prerogatives and Duties of 6th MCTC, -Famy, Laguna Executive Judges in Judicial Supervision; Executive Hon. Lutgardo P. Huerto Leadership; Caseflow Management; Human 3rd MCTC, Nagcarlan-, Laguna Behavior and Human Relations in Organization; Hon. Conrado M. Jamolin Media Management Relations; Transparency and 7th MCTC, Sta. Maria-Mabitac, Laguna Good Governance; Corruption in the Judiciary; Hon. Julian D. Jison Inherent Powers (Contempt, Subpoena and / or 2nd MCTC, Magdalena-Liliw-Majayjay, Laguna Enforcement); and Issuance of Judicial Writs and Hon. Alberto L. Vizcocho Warrants (Including Freeze Order under AMLA and 4th MCTC, Infanta-Gen. Nakar, Quezon Rules on Forfeiture). Towards the end of the Hon. Leopoldo S. Lopez seminar-workshop, a Dialogue with the Court 1st MCTC, Pililia-Jala-Jala, Rizal Administrator took place which addressed pertinent work issues of the Judges. REGION VI Hon. Gonzalo S. Espa 3rd MCTC, Sara-Ajuy-Lemery, City

REGION X RJCEP Hon. Ignacio B. Macarine 9th MCTC, Gen. Luna-Pilar, Surigao del Norte The Academy conducted the Regional Judicial Career Enhancement Program (Level 5) for the Judges of REGION XI the Regional Trial Courts and First Level Courts of the 5th Hon. Marlo C. Brasales Judicial Region on September 12 to 14, 2007, at the 1st MCTC Norala-T’boli-Sto. Niño, Casablanca Hotel, Peñaranda St., Legazpi City. A total of one hundred seven (107) participants B. PROMOTIONS attended the program. REGIONAL TRIAL COURT Topics discussed include Bench and Bar REGION VI Relations; Media Management and Relations with Hon. Domingo D. Diamante Media; Special Civil Actions; Management of Courts RTC Br. 67, , Iloilo and of Court Personnel; Emerging Trends and Issues in Jurisprudence – Commercial Law; Civil Law and Criminal Law; and the Human Security Act. 6 PHILJA NEWS PHILJAPHILJA BulletinBulletin

14TH PRE-JUDICATURE PROGRAM 5TH ORIENTATION SEMINAR-WORKSHOP FOR NEWLY APPOINTED CLERKS OF COURT The 14th Pre-Judicature Program conducted on September 17 to 27, 2007, at the Cebu Grand Hotel, The 5th Orientation Seminar-Workshop for Newly Cebu City was attended by a total of twenty-two Appointed Clerks of Court was conducted on (22) participants from Manila, , Roxas, Cebu September 25 to 27, 2007, at Hotel Fortuna, Cebu and City. The following attendees took City. The thirty-four (34) clerks of court of the First the examination and completed the program: Level Courts of Regions VI, VII and VIII who attended the three-day program were: 1. Atty. Paterno C. Belciña, Jr. 2. Atty. Leilanie T. Braza-Oro REGIONAL TRIAL COURTS 3. Atty. Petronio V. Elesterio 4. Atty. Kit S. Enriquez REGION VI 5. Atty. Jorge L. Gabriente Atty. Ruby Remedios V. Abelgos-Espera 6. Atty. Catherine Annabelle L. Hermoso RTC OCC San Jose, 7. Atty. Angelito C. Inocencio Atty. Bernie C. Alfon 8. Atty. Myrna V. Limbaga RTC Br. 16, Roxas City, 9. Atty. Carlo P. Loreto Atty. Nenita V. Alquizar 10. Atty. Anna Marie P. Militante RTC Br. 48, City, 11. Atty. Rosemarie S. Pabatao Atty. Cherrie Mae F. Azagra 12. Atty. Clairon B. Pañares RTC Br. 19, Roxas City, Capiz 13. Atty. Ma. Theresa A. Peñera Atty. Martin Raymund B. Carmona 14. Atty. Mendulfo C. Pintor, Jr. RTC Br. 59, San Carlos City, Negros Occidental 15. Atty. Jose A. Santos III Atty. Mateo C. Hachuela 16. Atty. Wilfredo M. Sentillas RTC Br. 24, , Iloilo 17. Atty. Alfredo J. Sipalay Atty. Clarence G. Zerrudo 18. Atty. Jonnah John B. Ungab RTC Br. 33, Iloilo City, Iloilo 19. Atty. Generoso Alejo P. Villareal REGION VII 20. Atty. Leilani Trinidad L. Villarino Atty. Cynthia Albarracin-Cañete This ten-day program covered, among others: RTC Br. 20, Cebu City The Code of Judicial Conduct and the Behaviour Atty. Lucily S. Bathan-Francisco of a Judge: Rules, Canons and Case Studies; RTC Br. 17, Cebu City Updates on Family Laws; Developments in Atty. Ricardo A. Boligao, Jr. Appellate Procedures; Crimes Punished by the RTC Br. 11, Cebu City Revised Penal Code; Crimes Punished Under Atty. Julius A. Special Laws; Contemporary Approaches to RTC OCC City Advance Legal Research; Court-Annexed Atty. Beth Nectarine G. Catacutan-Andora Mediation and Enhanced Court Involvement in the RTC Br. 39, Dumaguete City, Negros Oriental Mediation Process; Basic Principles of Mediation Atty. Julito N. Lumusad and Arbitration; ADR Law and Arbitration; RTC Br. 37, Dumaguete City, Negros Oriental Environmental Law; International Human Rights Atty. Eva Fel C. Pacurib Law and Domestic Enforcement and RTC Br. 46, Implementation; Caseflow Management; Legal Atty. Ma. Corazon S. Perez Reasoning; Computation of Penalties and the RTC Br. 41, Dumaguete City, Negros Oriental Application of the Indeterminate Sentence Law; Atty. Leah P. Villarubia The Trial Complex; Judicial Writing; and Moot RTC Br. 36, Dumaguete City Court. REGION VIII Atty. Shirley Joyce O. RTC Br. 31, City, Atty. Goldie Liza Cesista-Hermano RTC Br. 42, , July-SeptemberJuly-September 20072007 PHILJA NEWS 7

SPECIAL FOCUS Atty. Terso Y. Ducentes RTC Br. 15, , PROGRAMS Atty. Erwin James B. Fabriga RTC Br. 12, City Atty. Mayumi M. Gorme-Amora ASIAN JUSTICES FORUM RTC Br. 24, , ON THE ENVIRONMENT Atty. Angelo M. Raagas The Asian Justices Forum on the Environment with RTC Br. 1, , Eastern Samar the theme “Sharing Experience to Strengthen Atty. Dherlee Herrera Rivas Environmental Adjudicaton in Asia,” was held on July RTC Br. 30, , Samar 5 to 6, 2007 at the Edsa Shangri-la Hotel, Ortigas Atty. Claire C. Sablan Centre, Mandaluyong City. The participants on the RTC Br. 38, Gamay, first day comprise sixteen (16) foreign delegates and MUNICIPAL TRIAL COURTS IN CITIES seventy-one (71) local delegates. Second day participants comprise sixteen (16) foreign delegates Atty. Rodolfo Richard P. Balisnomo and forty-one (41) local delegates. MTCC Sipalay City Among the interesting sessions of the program REGION VII were Specialized Judicial Forums for Adjudicating Atty. Rodillo B. Fernandez Environmental Cases; Innovative Procedures and Practices MTCC Br. 6, Cebu City in Adjudicating Environmental Cases; Applying Appropriate Remedies in Redressing Environmental Harm; MUNICIPAL TRIAL COURTS Framework for Strengthening Environmental Adjudication REGION VI in the ; Strengthening Judicial Capacity on Atty. Moises G. Nifras, Jr. Environment; and Regional Cooperation on Strengthening MTC Hinigaran, Negros Occidental Institutional Arrangements. Atty. Ma. Lorda M. Santizo MTC San Joaquin, Iloilo Chief Justice Reynato S. Puno’s Keynote Address entitled, “Under One Haven, Above One Earth,” REGION VIII underscored the important role of judges in the Atty. Manolita G. Fernandez adjudication of environmental cases and emphasized MTC , Leyte the need of the independent judiciary and judicial Atty. Alejandrita B. Granados process to boldly and fearlessly implement and MTC Leyte, Leyte enforce international and national laws related to Atty. Lilian T. Talbo environmental protection. The Chief Justice MTC Marabut, Samar likewise, timely cited the findings of experts on the chilling effects of climate change. MUNICIPAL CIRCUIT TRIAL COURTS

REGION VII Atty. Gertrudes B. Romero MCTC Loay-Albuquerque-Baclayon, Bohol Atty. Rhoel Ariel J. Villagonzalo MCTC Domanjog-Ronda, Cebu

REGION VIII Atty. Jaime S. Sabandal, Jr. MCTC Paranjas-San Sebastian, Samar

Foreign and Local Presentors of the Asian Justices Forum on the Environment with Chief Justice Reynato S. Puno. 8 PHILJA NEWS PHILJAPHILJA BulletinBulletin

SEMINAR-WORKSHOP SEMINAR-WORKSHOP ON ON LEGAL WRITING AND LEGAL RESEARCH ACCESS TO JUSTICE AND LAWS ON WOMEN AND CHILDREN The Seminar-Workshops on Legal Writing and Legal Research for Attorneys and In partnership with the European Commission, for two (2) batches of Sandiganbayan Attorneys the Department of Social Welfare and Development, were conducted at separate dates on July 11 to 13, the Department of Justice, the Department of the 2007, September 3 to 5, 2007, and September 10 to Interior and Local Government, and the Alternative 12, 2007, respectively, at the SEAMO Innotech, Law Groups, three (3) batches of the Seminar- Diliman, . This project was made Workshop on Access to Justice and Laws on Women and possible through the support of the United States Children for Judges and Court Personnel of First Level Agency for International Development (USAID) Courts were conducted by the Academy this quarter. and the Rule of Law Effectiveness (ROLE). This activity is a training program aimed to A total of fifty-six (56) attorneys attended the sensitize municipal trial court judges and court sessions on English Proficiency; Judicial Standards personnel on the Justice System and laws and Style in Decision Making; Editing; and affecting women and children. Methods of Legal Research. Their skills were further enhanced in the workshops on Legal The participants of the three (3) batches comprise Dispute and Conflicting Claims; Drafting of a total of one hundred twenty-seven (127) First- Decisions/Resolutions and Legal Research. Level Court judges and selected court personnel. The dates and venues of the seminar-workshop were July 23 to July 25, 2007, at the College of St. Benilde Hotel, Malate, Manila; August 20 to 22, 2007, at the Grand Men Seng Hotel, ; and ORIENTATION SEMINAR-WORKSHOP ON September 26 to 28, 2007, at the Sarabia Manor COMPARATIVE ANALYSIS BETWEEN Hotel and Convention Center, Iloilo City. THE FAMILY CODE AND THE CODE OF MUSLIM PERSONAL LAWS

The Orientation Seminar-Workshop on Comparative SEMINAR ON ELECTION LAWS FOR Analysis Between the Family Code and the Code of Muslim JUDGES AND CLERKS OF COURT Personal Laws was conducted in two (2) batches PHILJA, in partnership with the United States during the third quarter of the year. Agency for International Development (USAID) Thirty-seven (37) participants attended the and International Foundation of Election Systems seminar-workshop on July 16 to 18, 2007, at the (IFES), conducted the Seminar on Election Laws for Montebello Villa Hotel, Banilad, Cebu City. Forty Judges and Clerks of Court on August 2, 2007, at the (40) participants attended the seminar-workshop Traders Hotel Manila, Pasay City, with a total of on August 14 to 16, 2007, at the Golden Pine Hotel, seventy-two (72) participants in attendance . City. Differentiating between acceptable and The topics covered were Comparative Studies unacceptable pleadings in election cases; on the Family Code and the Muslim Personal Laws, distinguishing between the spheres of jurisdiction on Civil and Islamic Laws on Succession, and on and competence of the courts and of the Civil and Islamic Laws on Persons and Family Commission on Elections in election cases; relating Relations; Comparative Analysis on Civil and provisions of election law and election rules to the Islamic Laws on Procedure and Evidence as well disputes frequently referred to the courts for as on Marriage and Divorce Under the Family Code disposition; and identifying techniques for the and Muslim Code. There was likewise, an speedy resolution of election cases, were the lessons interesting discussion on the Right Responses to learned by the participants in this activity. Age-Old Problems of and the This activity covered substantial lectures on Autonomous Region. Election Contests and Election Offenses and July-SeptemberJuly-September 20072007 PHILJA NEWS 9

From the Chancellor’s Desk (Continued from page 1) comprehensive discussion of the pertinent COMELEC Rules of Procedure; COMELEC own seminar-workshops. A Judge-to-Judge Issuances; Omnibus Election Code; Supreme Court Dialogue emphasizing judges’ control of the Rulings; Voters Registration Act of 1996 (R.A. No. courtroom had also its share of attention. We 8189) and Jurisdiction of RTC and First-Level held continuing legal education programs for Courts. court attorneys of the Court of Appeals in Cagayan de Oro and Cebu; Legal Writing and Legal Research for those of the Court of Tax Appeals; and gender sensitivity for those of the JUDGE-TO-JUDGE DIALOGUE Sandiganbayan. Records Management, Control and Archiving trainings were commenced which In partnership with the Program Management we hope would improve the recording system in Office (PMO), Office of the Court Administrator all offices. To these should be added e-Caseflow (OCA), and American Bar Association-Rule of Law Management, begun in Pasay City, to help in the Initiative (ABA-ROLI), the Academy conducted the tracking of cases from filing to disposition. Judge-to-Judge Dialogue on the Power of the Judge: Taking Many of these activities were undertaken with Control of the Courtroom on August 2, 2007, at the the help of development partners, for which we Traders Hotel, Roxas Boulevard, Pasay City. There are truly grateful, to which should be added the were forty-eight (48) Executive and Vice-Executive seminar-workshop on Access to Justice and Laws Judges of first and second level courts of the on Women and Children for Judges and Court National Capital Judicial Region who participated. Personnel of first level courts. We also focused on Election Laws and the Drugs Law. A new topic on the comparative analysis SEMINAR-WORKSHOP FOR between the Family Code and the Code of Muslim EXECUTIVE JUDGES, PROSECUTORS Personal Laws was addressed. It is hoped that AND LAW ENFORCERS ON DRUGS LAW the efforts of the Shari’a and Islamic Jurisprudence Department would help in promoting peace Batch two of the Seminar-Workshop for Judges, efforts in Mindanao. Prosecutors and Law Enforcers on Drugs Law was conducted in partnership with the Dangerous ADR continues to be a landmark reform project Drugs Board (DDB) on August 8 to 10, 2007, at not only by way of expansion of Court-Annexed the Tagaytay Country Hotel, Tagaytay City. A total Mediation (CAM) in all judicial regions but also of ninety-five (95) selected National Capital Judicial in the enhancement of Appellate Court Mediation Region Drugs and Family Court judges, as well as and Judicial Dispute Resolution (JDR). We now their prosecutors, attended the seminar-workshop. have 117 PMC Units; 1 ACM Unit, soon to be expanded to three (3); and five (5) JDR Units, With the aim to coordinate and integrate the with one more to be added soon. overall efforts of the Criminal Justice System (CJS) especially in the field of prosecution and criminal Advocacies on the Code of Conduct for Court investigation, this activity particularly updated the Personnel continue to be pursued. Soon, we hope participants on the classification of drugs, to be able to cover the entire country with the controlled precursors and essential chemicals as help of our partners. listed in the 1961, 1971 and 1988 law conventions We trust that the New Rulings and Doctrinal on narcotic drugs, psychothropic substances and Reminders in the PHILJA Bulletin are serving the illicit traffic thereof; on R.A. No. 9165 and its their purpose. Our Consultant, Justice Minerva Implementing Rules and Regulations; and on the Gonzaga Reyes, is now monitoring the exercise. DDB Regulations. The sessions were likewise aimed at identifying problems encountered in prosecuting We forge ahead, confident that problems will be drug related cases and solutions to the same, and solved and challenges met. The pursuit of enhancing knowledge on evidence handling and excellence in the judiciary through quality gathering, as well as search and seizure. judicial education needs the support of all. 10 PHILJA NEWS PHILJAPHILJA BulletinBulletin

ON MEDIATION JDR In collaboration with the National Judicial Institute Canada-JURIS Project, three (3) batches BASIC MEDIATION COURSE of the Forum on Judicial Dispute Resolution (JDR) were The Basic Mediation Course ( Mediation conducted for judges on July 17, 2007, at the Program) was conducted on August 13 to 16, 2007, Executive Lounge, Makati City Hall, Makati City, at the Hotel Ivory and Convention Center, for court personnel on July 19, 2007, at the E- Tuguegarao City. A total of twenty-seven (27) Library, Asian Institute Management, Makati City participants attended this program. and for lawyers on August 3, 2007, at the AIM Conference Center. Lecture topics discussed were: The Philippine Judicial System: An Overview; Legal versus Two (2) batches of the Bench and Bar Dialogue on Problem-Solving Mindsets; Mediation as Essentially Judicial Dispute Resolution (JDR), were likewise, Assisted Negotiation; Conflict Management and conducted this quarter on August 7, 2007, at the Dispute Resolution; Alternative Dispute AIM Conference Center, Electronic Library Room, Resolution (ADR) and Court-Annexed Mediation Makati City and on September 19, 2007, at the (CAM); Overview / Fundamentals of Makati Sports Club, Inc., Makati City. Communications; The Stages of Mediation and Communication Skills which includes six (6) stages; The Rules and Guidelines on the Mediation Fees; CONVENTIONS The Administrative and Procedural Aspects of Court-Annexed; Writing Compromise Agreements; Ethics in Mediation which includes a) The Mediator METCJAP as an Officer of the Court and b) The Mediator An a Professional Mediator; and The Grievance PHILJA, in coordination with the Metropolitan Machinery in Court-Annexed Mediation. and City Judges Association of the Philippines (MeTCJAP), conducted their 9th Convention Seminar on September 25 to 28, 2007, at the Hotel Supreme Convention Plaza, Baguio City, with the theme, FAMILY COURT MEDIATION SEMINAR “Justice in Action Strengthening the Nation.” A In partnership with the Philippine Mediation total of one hundred forty-four (144) participants Center (PMC), in coordination with the United attended the convention-seminar. States Agency for International Development (USAID), and The Asia Foundation (TAF), PHILJA conducted four (4) batches of Family Court Mediation Seminar in the third quarter of the year. JUDICIAL MOVES The four (4) batches were held on August 23 to 25, 2007 at the Coral Room, The Pearl Manila Hotel, Manila; August 29 to 31, 2007 at the Hotel Veniz, Supreme Court Baguio City; September 5 to 7, 2007, at the Cebu Associate Justice Ruben T. Reyes Grand Hotel, Cebu City; and September 12 to 14, appointed on July 25, 2007 2007 at the Grand Men Seng Hotel, Davao City, respectively. A total of one hundred twenty (120) Court of Appeals selected mediator-participants from all judicial Associate Justice Franchito N. Diamante regions, attended the said program. appointed on August 8, 2007 The sessions focused on enhancing skills of Associate Justice Amy C. Lazaro-Javier participants on mediation of Family Court cases, appointed on August 29, 2007 specifically addressing Ethical Dilemmas, Gender and Child Sensitivity and Compromise Agreements. July-SeptemberJuly-September 20072007 NEWPHILJA RULINGS NEWS OF THE SUPREME COURT 11

LABOR LAW Urolithiasis is a compensable sickness on employees’ compensation to as many employees who can avail of the benefits Section 1(b), Rule III implementing P.D. No. thereunder. 626, as amended, provides: Concededly, Merlita’s illness, urolithiasis, is not For the sickness and the resulting disability among those listed in the table of occupational or death to be compensable, the sickness must diseases embodied in Annex “A” of the Rules on be the result of an occupational disease listed Employees’ Compensation. Nevertheless, the Court under Annex “A” of these Rules with the agrees with the Court of Appeals in its finding that conditions set therein satisfied, otherwise, proof Merlita was able to prove by substantial evidence must be shown that the risk of contracting the disease is increased by the working conditions. that her working conditions increased the risk of contracting the disease. Substantial evidence is the Under the above Rule, for Merlita’s sickness and amount of relevant evidence which a reasonable resulting disability to be compensable, there must mind might accept as adequate to justify the be proof that (a) her sickness was the result of an conclusion. occupational disease listed under Annex “A” of the Rules of Employees’ Compensation, or (b) the risk (Tinga, J., Government Service Insurance System of contracting the disease was increased by her v. Merlita Pentecostes substituted by Jaime R. working conditions. This means that if the Pentecostes, G.R. No. 154385, August 24, 2007) claimant’s illness or disease is not included in Annex “A,” then he is entitled to compensation only if he CRIMINAL LAW can prove that the risk of contracting the illness or disease was increased by his working conditions. Parole; definition of; consequences thereof; grant The law does not require that the connection be thereof does not extinguished civil liability established with absolute certainty or that a direct Parole refers to the conditional release of an causal relation be shown. It is enough that the offender from a correctional institution after he theory upon which the claim is based is probable. serves the minimum term of his prison sentence. Probability, not certainty, is the touchstone. The grant thereof does not extinguish the criminal Pertinently, the Court stated in the case of liability of the offender. Parole is not one of the Employees’ Compensation Commission v. Court of modes of totally extinguishing criminal liability Appeals: under Article 89 of the Revised Penal Code. Inclusio unius est exclusio alterius. Despite the abandonment of the presumption of compensability established by Similarly, accused-appellant’s release on parole the old law, the present law has not ceased to be did not extinguish his civil liability. Article 113 of an employees’ compensation law or a social the Revised Penal Code provides: legislation; hence, the liberality of the law in favor of the working man and woman still Art. 113. Obligation to satisfy civil liability. prevails, and the official agency charged by law – Except in case of extinction of his civil liability to implement the constitutional guarantee of as provided in the next preceding article, the social justice should adopt a liberal attitude in offender shall continue to be obliged to satisfy favor of the employee in deciding claims for the civil liability resulting from the crime compensability, especially in light of the committed by him, notwithstanding the fact that compassionate policy towards labor which the he has served his sentence consisting of 1987 Constitution vivifies and enhances. deprivation of liberty or other rights, or has not Elsewise stated, a humanitarian impulse, been required to serve the same by reason of dictated by no less than the Constitution itself amnesty, pardon commutation of sentence or under the social justice policy, calls for a liberal any other reason. and sympathetic approach to legitimate appeals Thus, accused-appellant’s civil liability subsists of disabled public servants; or that all doubts to despite his release on parole. the right to compensation must be resolved in favor of the employee or laborer. Verily, the (Corona, J., People of the Philippines v. Victoriano policy is to extend the applicability of the law M. Abesamis, G.R. No. 140985, August 28, 2007) 12 NEW RULINGS OF THE SUPREME COURT PHILJAPHILJA BulletinBulletin

REMEDIAL LAW The Court of Appeals cannot reverse and set aside Rules of Civil Procedure, as amended, which a decision of the Secretary of Justice and substitute provides: its own judgment Section 1. Who may file petition. – Any The power to reverse and set aside partakes of person interested under a deed, will, contract an appellate jurisdiction which the CA does not or other written instrument, whose rights are have over judgments of the Secretary of Justice affected by a statute, executive order or exercising quasi-judicial functions. regulation, ordinance, or any other governmental regulation may, before breach or There is a whale of a difference between the CA’s violation thereof, bring an action in the power of review in the exercise of its appellate appropriate Regional Trial Court to of his rights jurisdiction and its original jurisdiction over or duties thereunder determine any question petitions for certiorari as that filed by the respondent of construction or validity arising, and for a in CA-G.R. SP No. 74094. Certiorari power is limited declaration. to questions of jurisdiction and grave abuse of An action for the reformation of an discretion only. Wisdom or error of judgment on instrument, to quiet title to real property or the part of the Secretary of Justice in arriving at his remove clouds therefrom, or to consolidate conclusions of fact and law which is proper in an ownership under Article 1607 of the Civil Code, appeal cannot legitimately be the subject of review may be brought under this Rule. in a petition for certiorari before the CA because the decision of the Secretary of Justice is not As correctly held by the Court of Appeals, any appealable to the CA. disagreement as to the nature of the parties’ relationship which would require first an (Garcia, J., Nace Sue P. Buan v. Francisco T. amendment or reformation of their contract is an Matugas, G.R. No. 161179, August 7, 2007) issue which the courts may and can resolve without the need of the expertise and specialized Jurisdiction over reformation of instruments knowledge of the HLURB. We hold that being an action for reformation (Sandoval-Gutierrez, J., Frabelle Fishing of instruments, petitioner’s complaint necessarily Corporation v. The Philippine American Life falls under the jurisdiction of the Regional Trial Insurance Company, PHILAM Properties Court pursuant to Section 1, Rule 63 of the 1997 Corporation and PERF Realty Corporation, G.R. No. 158560, August 17, 2007) PHILJA Upcoming Activities (continued) Date Seminars / Activities Venue Nov. 8-9 Seminar-Workshop on CEDAW, Gender Sensitivity, Training Center, and the Courts for SC Attorneys Supreme Court, Manila Nov. 8-10 National Convention-Seminar of PTLJI Zamboanga City Nov. 12 Video Conference on The Rule on the Writ of Amparo Manila/Cebu City/Davao City Nov. 13-22 50th Orientation Seminar-Workshop for Newly Appointed Judges PHILJA, Tagaytay City Nov. 13-15 Orientation-Worshop on the Code of Conduct Grand Regal Hotel, for Negros Occidental Court Personnel Bacolod City Nov. 16 Judge to Judge Dialogue City Nov. 20-22 Orientation-Worshop on the Code of Conduct , Bulacan for Bulacan Court Personnel Nov. 21-23 Seminar-Workshop on Drugs Law for Judges, Fort Ilocandia Resort, Prosecutors and Law Enforcers City Nov. 27-29 Multi-Sectoral Seminar-Workshop on Agrarian Justice Iloilo City for the Province of Iloilo Nov. 27-29 Orientation-Worshop on the Code of Conduct Leyte Park Resort Hotel, for Selected Court Personnel of Region VIII Tacloban City Nov. 27-29 2nd Convention and Seminar of the COSTRAPHIL DAP, Tagaytay City Dec. 4-6 RJCEP (Level 5) for RTC and First-Level Trial Court Judges Dynasty Court Hotel, of Region X Cagayan de Oro City Dec. 5-7 Seminar-Workshop on Drugs Law for Judges, Tagaytay Country Hotel, Prosecutors and Law Enforcers Tagaytay City Dec. 5-7 Personal Security Training for Judges PHILJA , Tagaytay City Dec. 11-13 8th Orientation Seminar-Workshop Crown Regency Hotel, for Newly Appointed Clerks of Court (Mindanao) Davao City July-SeptemberJuly-September 20072007 DOCTRINALPHILJA NEWS REMINDERS 13

POLITICAL LAW Act of State Doctrine; definition of the enactment of Rep. Act No. 6770, specifically Section 15, par. 3, the lawmakers gave the The classic American statement of the act of state Ombudsman such powers to sanction erring doctrine, which appears to have taken root in officials and employees, except members of

England as early as 1674, and began to emerge in Congress, and the Judiciary. To conclude, we American jurisprudence in the late eighteenth and hold that Sections 15, 21, 22 and 25 of Republic early nineteenth centuries, is found in Underhill v. Act No. 6770 are constitutionally sound. The

Hernandez, where Chief Justice Fuller said for a powers of the Ombudsman are not merely unanimous Court: recommendatory. His office was given teeth Every sovereign state is bound to respect to render this constitutional body not merely the independence of every other state, and the functional but also effective. Thus, we hold courts of one country will not sit in judgment that under Republic Act No. 6770 and the 1987 on the acts of the government of another, Constitution, the Ombudsman has the done within its territory. Redress of grievances constitutional power to directly remove from by reason of such acts must be obtained government service an erring public official through the means open to be availed of by other than a member of Congress and the sovereign powers as between themselves. Judiciary. The act of state doctrine is one of the methods (Garcia, J., Commission on Audit, Regional Office by which States prevent their national courts from No. 13, City v. Agapito A. Hinampas and deciding disputes which relate to the internal affairs Emmanuel J. Cabanos, G.R. No. 158672, August 7, of another State, the other two being immunity 2007) and non-justiciability. It is an avoidance technique that is directly related to a State’s obligation to LABOR LAW respect the independence and equality of other States by not requiring them to submit to Construction Industry Arbitration Commission adjudication in a national court or to settlement of (CIAC); jurisdiction of their disputes without their consent. It requires the forum court to exercise restraint in the Section 4 of Executive Order (E.O.) No. 1008, adjudication of disputes relating to legislative or or the Construction Industry Arbitration Law, provides: other governmental acts which a foreign State has Sec. 4. Jurisdiction. — The CIAC shall performed within its territorial limits. have original and exclusive jurisdiction over (Tinga, J., Presidential Commission on Good disputes arising from, or connected with, Government and Magtanggol C. Gunigundo, in contracts entered into by parties involved in his capacity as Chairman thereof v. Sandiganbayan construction in the Philippines, whether the and Officeco Holdings, N.V., G.R. No. 124772, dispute arises before or after the completion August 14, 2007) of the contract, or after the abandonment or breach thereof. These disputes may involve government or private contracts. For the Board CONSTITUTIONAL LAW to acquire jurisdiction, the parties to a dispute must agree to submit the same to voluntary arbitration. Powers of the Ombudsman are not merely recommendatory The jurisdiction of the CIAC may include but is not limited to violation of specifications

In Estarija v. Ranada, the Supreme Court for materials and workmanship; violation of reiterated its pronouncements in Ledesma and went the terms of agreement; interpretation and/ on to categorically state: or application of contractual provisions; x x x [T]he Constitution does not restrict amount of damages and penalties; the powers of the Ombudsman in Section 13, commencement time and delays; maintenance Article XI of the 1987 Constitution, but allows and defects; payment default of employer or the Legislature to enact a law that would spell contractor and changes in contract cost. out the powers of the Ombudsman. Through (Continued on NEXT page) 14 DOCTRINAL REMINDERS PHILJAPHILJA BulletinBulletin

LABOR LAW (continued)

Excluded from the coverage of this law are marital obligations are those provided under disputes arising from employer-employee Articles 68 to 71, 220, 221 and 225 of the Family relationships which shall continue to be Code. covered by the Labor Code of the Philippines. Neither should Article 36 be equated with legal Corollarily, Section 1, Article III of the Rules of separation, in which the grounds need not be Procedure Governing Construction Arbitration provides rooted in psychological incapacity but on physical that recourse to the CIAC may be availed of violence, moral pressure, moral corruption, civil whenever a contract contains a clause for the interdiction, drug addiction, sexual infidelity, and submission of a future controversy to arbitration, abandonment, and the like. At best the evidence thus: presented by petitioner refers only to grounds for legal separation, not for declaring a marriage void. Section 1. Submission to CIAC Jurisdiction. — An arbitration clause in a construction (Sandoval-Gutierrez, J., Rosa Yap Paras v. Justo J. contract or a submission to arbitration of a Paras, G.R. No. 147824, August 2, 2007) construction dispute shall be deemed an agreement to submit an existing or future Fortuitous Event; definition of; robbery is not controversy to CIAC jurisdiction, considered a fortuitous event notwithstanding the reference to a different Fortuitous events by definition are arbitration institution or arbitral body in such extraordinary events not foreseeable or avoidable. contract or submission. When a contract It is therefore, not enough that the event should contains a clause for the submission of a future not have been foreseen or anticipated, as is controversy to arbitration, it is not necessary commonly believed but it must be one impossible for the parties to enter into a submission to foresee or to avoid. The mere difficulty to foresee agreement before the claimant may invoke the the happening is not impossibility to foresee the jurisdiction of CIAC. same. Clearly then, the CIAC has original and To constitute a fortuitous event, the following exclusive jurisdiction over disputes arising from or elements must concur: (a) the cause of the connected with construction contracts entered into unforeseen and unexpected occurrence or of the by parties that have agreed to submit their dispute failure of the debtor to comply with obligations to voluntary arbitration. must be independent of human will; (b) it must be (Nachura, J., Licomcen Incorporated v. Foundation impossible to foresee the event that constitutes the Specialists, Inc., G.R. No. 169678, August 21, 2007) caso fortuito or, if it can be foreseen, it must be impossible to avoid; (c) the occurrence must be such as to render it impossible for the debtor to fulfill CIVIL LAW obligations in a normal manner; and, (d) the Article 36 of the Family Code Interpreted obligor must be free from any participation in the aggravation of the injury or loss. It is worthy to emphasize that Article 36 contemplates downright incapacity or inability to The burden of proving that the loss was due take cognizance of and assume the basic marital to a fortuitous event rests on him who invokes obligations, not a mere refusal, neglect or difficulty, it. And, in order for a fortuitous event to exempt much less, ill will, on the part of the errant spouse. one from liability, it is necessary that one has As this Court repeatedly declares, Article 36 of the committed no negligence or misconduct that may Family Code is not to be confused with a divorce have occasioned the loss. law that cuts the marital bond at the time the causes It has been held that an act of God cannot be thereof manifest themselves. It refers to a serious invoked to protect a person who has failed to take psychological illness afflicting a party even before steps to forestall the possible adverse consequences the celebration of the marriage. It is a malady so of such a loss. One’s negligence may have grave and so permanent as to deprive one of concurred with an act of God in producing damage awareness of the duties and responsibilities of the and injury to another; nonetheless, showing that matrimonial bond one is about to assume. These July-SeptemberJuly-September 20072007 DOCTRINALPHILJA NEWS REMINDERS 15

CIVIL LAW (continued) the immediate or proximate cause of the damage or ownership and cannot recover it unless the contract injury was a fortuitous event would not exempt is resolved or rescinded; in the second, since the one from liability. When the effect is found to be seller retains ownership, despite delivery, he is partly the result of a person’s participation — enforcing and not rescinding the contract if he whether by active intervention, neglect or failure seeks to oust the buyer for failure to pay. to act — the whole occurrence is humanized and (Quisumbing, J., Florante Vidad, Sr., Arlene Vidad- removed from the rules applicable to acts of God. Absalon and Florante Vidad, Jr. v. Elpidio Tayamen Petitioner Sicam had testified that there was a and Laurena Tayamen, G.R. No. 160554, August security guard in their pawnshop at the time of the 24, 2007.) robbery. He likewise testified that when he started the pawnshop business in 1983, he thought of opening a vault with the nearby bank for the REMEDIAL LAW purpose of safekeeping the valuables but was Appeals from decisions in administrative discouraged by the Central Bank since pawned disciplinary cases of the Ombudsman; Certiorari articles should only be stored in a vault inside the under Rule 65 cannot be a substitute for the pawnshop. The very measures which petitioners remedy of appeal; appeal and certiorari are had allegedly adopted show that to them the mutually exclusive and not alternative or possibility of robbery was not only foreseeable, but successive. actually foreseen and anticipated. Petitioner Sicam’s testimony, in effect, contradicts petitioners’ defense Appeals from decisions in administrative of fortuitous event. disciplinary cases of the Office of the Ombudsman should be taken to the CA by way of petition for Moreover, petitioners failed to show that they review under Rule 43 of the 1997 Rules of Civil were free from any negligence by which the loss of Procedure, as amended. Rule 43 which prescribes the pawned jewelry may have been occasioned. the manner of appeal from quasi-judicial agencies, Robbery per se, just like carnapping, is not a such as the Ombudsman, was formulated precisely fortuitous event. It does not foreclose the possibility to provide for a uniform rule of appellate procedure of negligence on the part of herein petitioners. for quasi-judicial agencies. Thus, certiorari under Rule 65 will not lie, as appeal under Rule 43 is an (Austria-Martinez, J., Roberto C. Sicam and Agencia adequate remedy in the ordinary course of law. de R.C. Sicam, Inc. v. Lulu V. Jorge and Cesar Jorge, G.R. No. 159617, August 8, 2007) Petitioner failed to file an appeal with the CA within fifteen (15) days from notice of the assailed Differences between a Contract of Sale and a decision. As noted by the CA, she filed her petition Contract to Sell for certiorari only after 52 days from receiving the denial of her motion for reconsideration by the The following are the differences between a Ombudsman. Such remedy cannot prosper as Contract OF Sale and a Contract TO Sell: (a) In a certiorari under Rule 65 cannot be resorted to as a Contract OF Sale, the non-payment of the price is substitute for the lost remedy of appeal. The a resolutory condition which extinguishes the remedies of appeal and certiorari are mutually transaction that, for a time, existed and discharges exclusive and not alternative or successive. the obligations created thereunder; in a Contract TO Sell, full payment of the purchase price is a As explained by the Court in David v. Cordova, positive suspensive condition, failure of which is x x x a petition for certiorari cannot be a not a breach but an event that prevents the substitute for an appeal from a lower court obligation of the vendor to convey title from decision. Where appeal is available to an becoming effective; (b) In the first, title over the aggrieved party, the action for certiorari will property generally passes to the buyer upon not be entertained. The remedies of appeal delivery; in the second, ownership is retained by (including petitions for review) and certiorari the seller, regardless of delivery and is not to pass are mutually exclusive, not alternative or until full payment of the price; and (c) In the first, successive. Hence, certiorari is not and cannot after delivery has been made, the seller has lost (Continued on NEXT page) 16 DOCTRINAL REMINDERS PHILJAPHILJA BulletinBulletin

REMEDIAL LAW (continued)

be a substitute for an appeal, especially if one’s if the issue of possession cannot be determined own negligence or error in one’s choice of without resolving the question of ownership. remedy occasioned such loss or lapse. One This ruling however is subject to the condition of the requisites of certiorari is that there be that the lower court’s adjudication of ownership no available appeal or any plain, speedy and in the forcible entry or unlawful detainer case is adequate remedy. Where an appeal is merely provisional and the Court’s affirmance of available, certiorari will not prosper, even if the lower court’s decision would not bar or the ground therefor is grave abuse of prejudice an action between the same parties discretion. (Emphasis supplied) involving title to the property. (Austria-Martinez, J., Corazon C. Balbastro v. Nestor Finding that the MTCC erred in dismissing Junio, Brian Casasola, Kent Huegula, Jason Martin petitioner’s complaint on the ground of lack of Jardiniano, Joebert Espulgar, Prudencio Macalalag, jurisdiction, the Court deems it proper to remand Cyril Ponclara, Edilzar Amaller, Melvin Mondejar and the case to the MTCC for it to rule on the merits of Francis Soron, G.R. No. 154678, July 17, 2007) the complaint for forcible entry. Final judgment; immutable and unalterable (Austria-Martinez, J., Go Ke Chong, Jr. v. Mariano M. Chan, G.R. No. 153791, August 24, 2007.) It is a settled doctrine that a decision, after it becomes final, becomes immutable and unalterable. Venue for actions for revival of judgment Thus, the court loses jurisdiction to amend, modify, or alter a final judgment and is left only with the Section 6, Rule 39 of the 1997 Rules of Civil jurisdiction to execute and enforce it. Any Procedure provides that after the lapse of five (5) amendment or alteration which substantially affects years from entry of judgment and before it is barred a final and executory judgment is null and void by the statute of limitations, a final and executory for lack of jurisdiction, including the entire judgment or order may be enforced by action. The proceedings held for that purpose. Rule does not specify in which court the action for revival of judgment should be filed. (Velasco, Jr., J. Resurrecion Obra v. Sps. Victoriano Badua and Myrna Badua, Sps. Juanito Baltores and In Aldeguer v. Gemelo, the Court held that: Flordeliza Baltores, Sps. Isabelo Badua and Prescila Badua, Sps. Jose Balanon and Shirley Balanon, Sps. x x x an action upon a judgment must be Orlando Badua and Marita Badua and Sps. Leoncio brought either in the same court where said Badua and Juvy Badua, G.R. No. 149125, August judgment was rendered or in the place where 9, 2007) the plaintiff or defendant resides, or in any other place designated by the statutes which Issue of ownership raised as an incident in treat of the venue of actions in general. ejectment cases; MTC has jurisdiction (Emphasis supplied) To settle the matter, the Court then expressly but emphasized that other provisions in the rules ruled that: of procedure which fix the venue of actions in general must be considered. [B]y virtue of the express mandate set forth in Section 33(2) of Batas Pambansa Blg. 129, Under the present Rules of Court, Sections 1 inferior courts have jurisdiction to resolve the and 2 of Rule 4 provide: question of ownership raised as an incident Section 1. Venue of real actions. - Actions in an ejectment case where a determination affecting title to or possession of real property, thereof is necessary for a proper and complete or interest therein, shall be commenced and adjudication of the issue of possession. tried in the proper court which has As it now stands, therefore, the MTC has jurisdiction over the area wherein the real jurisdiction to hear and decide cases on forcible property involved, or a portion thereof, is entry and unlawful detainer regardless of whether situated. said cases involve questions of ownership or even x x x July-SeptemberJuly-September 20072007 DOCTRINALPHILJA NEWS REMINDERS 17

REMEDIAL LAW (continued)

Sec. 2. Venue of personal actions. - All other occupancy of said house by defendant was actions may be commenced and tried where only due to the tolerance of herein plaintiffs; the plaintiff or any of the principal plaintiffs 8. That plaintiffs, in the latter period of 1993, resides, or where the defendant or any of the then demanded the removal of the subject principal defendants resides, or in the case of house for the purpose of constructing a a non-resident defendant where he may be commercial building and which herein found, at the election of the plaintiff. defendant refused and in fact now claims Thus, the proper venue depends on the ownership of the portion in which said determination of whether the present action for house stands; revival of judgment is a real action or a personal 9. That repeated demands relative to the action. removal of the subject house were hence (Austria-Martinez, J., Adelaida Infante v. Aran made but which landed on deaf ears; Builders, Inc., G.R. No. 156596, August 24, 2007.) 10. That a survey of the property as owned by herein plaintiffs clearly establishes that the Complaint must allege the assessed value of the subject house is occupying Four Hundred real property subject of the complaint (400) square meters thereof at the north- In no uncertain terms, the Court has already west portion thereof, as per the approved held that a complaint must allege the assessed value survey plan in the records of the Bureau of of the real property subject of the complaint or the Lands. interest thereon to determine which court has Nowhere in said complaint was the assessed jurisdiction over the action. This is because the value of the subject property ever mentioned. nature of the action and which court has original There is therefore no showing on the face of the and exclusive jurisdiction over the same is complaint that the RTC has exclusive jurisdiction determined by the material allegations of the over the action of the respondents. Indeed, absent complaint, the type of relief prayed for by the any allegation in the complaint of the assessed value plaintiff and the law in effect when the action is of the property, it cannot be determined whether filed, irrespective of whether the plaintiffs are the RTC or the MTC has original and exclusive entitled to some or all of the claims asserted therein. jurisdiction over the petitioner’s action. The courts In this case, the complaint denominated as cannot take judicial notice of the assessed or market “Recovery of Portion of Registered Land with value of the land. Compensation and Damages,” reads: Jurisdiction of the court does not depend upon 1. That plaintiffs are the only direct and the answer of the defendant or even upon legitimate heirs of the late Juan dela Cruz, agreement, waiver or acquiescence of the parties. who died intestate on February 3, 1977, and Indeed, the jurisdiction of the court over the nature are all residents of Centro, Piat, Cagayan; of the action and the subject matter thereof cannot be made to depend upon the defenses set up in the x x x court or upon a motion to dismiss for, otherwise, 4. That plaintiffs inherited from x x x Juan dela the question of jurisdiction would depend almost Cruz x x x a certain parcel of land x x x entirely on the defendant. containing an area of 13,111 square meters. Considering that the respondents failed to 5. That sometime in the mid-1960’s, a house was allege in their complaint the assessed value of the erected on the north-west portion of the subject property, the RTC seriously erred in aforedescribed lot x x x. denying the motion to dismiss. Consequently, all proceedings in the RTC are null and void, and the x x x CA erred in affirming the RTC. 7. That since plaintiffs and defendant were ( Austria-Martinez, J., Victorino Quinagoran v. neighbors, the latter being the admitted Court of Appeals and The Heirs of Juan de la Cruz, owner of the adjoining lot, the former’s G.R. No. 155179, August 24, 2007) 18 DOCTRINAL REMINDERS PHILJAPHILJA BulletinBulletin

REMEDIAL LAW (continued)

Petition for annulment of judgment, nature of; A demurrer to evidence may be issued when, grounds to annul upon the facts adduced and the applicable law, the plaintiff has shown no right to relief. Where the A petition for annulment of judgment is an totality of plaintiff’s evidence, together with such extraordinary action. By virtue of its exceptional inferences and conclusions as may reasonably be character, the action is restricted exclusively to the drawn therefrom, does not warrant recovery grounds specified in the Rules, namely: extrinsic against the defendant, a demurrer to evidence fraud and lack of jurisdiction. The rationale for should be sustained. A demurrer to evidence is the restriction is to prevent the extraordinary action likewise sustainable when, admitting every proven from being used by a losing party to make a fact favorable to the plaintiff and indulging in his complete farce of a duly promulgated decision that favor all conclusions fairly and reasonably inferable has long become final and executory. therefrom, the plaintiff has failed to make out one Lack of jurisdiction as a ground for annulment or more of the material elements of his case, or when of judgment refers to either lack of jurisdiction over there is no evidence to support an allegation the person of the defending party or over the subject necessary to his claim. It should be sustained where matter of the claim. Where the court has the plaintiff’s evidence is prima facie insufficient for a jurisdiction over the defendant and over the subject recovery. matter of the case, its decision will not be voided (Nachura, J., Erlinda B. Dandoy, represented by her on the ground of absence of jurisdiction. Here, Attorney-in-Fact, Rey Anthony M. Naria v. Court there is no dispute that the trial court has of Appeals, Hon. Thelma A. Ponferrada, in her jurisdiction over the case for eminent domain. capacity as the Presiding Judge of the Regional Trial It is settled that once jurisdiction has been Court of Quezon City, Branch 104, and Nerissa acquired, it is not lost until the court shall have Lopez, G.R. No. 150089, August 28, 2007.) disposed of the case in its entirety. As earlier mentioned, on October 5, 1995, the trial court issued Summary judgment; when allowed an Entry of Judgment of its Resolution of August We examined the records and found that 31, 1995 which attained finality. It is clear that from summary judgment is in order. Under Section 3, the inception of Civil Case No. 2737-O until October Rule 35 of the Rules of Court, summary judgment 5, 1995 when the Entry of Judgment was issued, may be allowed where, save for the amount of the trial court retained its jurisdiction over the case. damages, there is no genuine issue as to any Verily, when the questioned Resolution was issued material fact and the moving party is entitled to a on August 31, 1995, the trial court acted with judgment as a matter of law. Summary or accelerated jurisdiction. Thus, the Court of Appeals erred in judgment is a procedural technique aimed at granting respondent’s petition for annulment of weeding out sham claims or defenses at an early judgment on the ground of lack of jurisdiction. stage of the litigation, thereby avoiding the expense (Sandoval-Gutierrez, J. Spouses Eulogio Morales of time involved in a trial. Even if the pleadings and Rosalia Arzadon, petitioners, v. Subic Shipyard appear, on their face, to raise issues, summary and Engineering, Inc., G.R. No. 148206, August judgment may still ensue as a matter of law if the 24, 2007.) affidavits, depositions and admissions show that such issues are not genuine. The presence or Demurrer to evidence; when granted absence of a genuine issue as to any material fact determines, at bottom, the propriety of summary Demurrer to evidence authorizes a judgment judgment. A genuine issue, as opposed to fictitious on the merits of the case without the defendant or contrived one, is an issue of fact that requires having to submit evidence on his part as he would the presentation of evidence. To the moving party ordinarily have to do, if plaintiff’s evidence shows rests the onus of demonstrating the absence of any that he is not entitled to the relief sought. genuine issue of fact, or that the issue posed in the Demurrer, therefore, is an aid or instrument for complaint is patently unsubstantial so as not to the expeditious termination of an action, similar constitute a genuine issue for trial. In Estrada v. to a motion to dismiss, which the court or tribunal Consolacion, the Court stated that when the moving may either grant or deny. July-SeptemberJuly-September 20072007 DOCTRINALPHILJA NEWS REMINDERS 19

REMEDIAL LAW (continued) party is a defending party, his pleadings, instrumentalities, enterprises, banks or depositions or affidavits must show that his financial institutions, or by taking undue defenses or denials are sufficient to defeat the advantage of official position, authority, claimant’s claim. The affidavits or depositions shall relationship, connection or influence, show that there is no defense to the cause of action resulting in unjust enrichment of the or the cause of action has no merits, as the case ostensible owner and grave damage and may be. In fine, in proceedings for summary prejudice to the State. And this, too, is the judgment, the burden of proof is upon the plaintiff sense in which the term is commonly to prove the cause of action and to show that the understood in other jurisdictions. defense is interposed solely for the purpose of delay. The Court further held: After the plaintiff discharges its burden, the defendants has the burden to show facts sufficient As thus described, sequestration, freezing to entitle him to defend. and provisional takeover are akin to the provisional remedy of preliminary (Garcia, J., Edward T. Marcelo, Marcelo Fiberglass attachment, or receivership. By attachment, Corporation, Phil-Asia Agro Industries Corp., a sheriff seizes property of a defendant in a Philippine Special Services Corp., Provident civil suit so that it may stand as security for International Resources Corp., Marcelo Chemical the satisfaction of any judgment that may and Pigment Copr., Farmers Fertilizer Corp., be obtained, and not disposed of, or Insular Rubber Co., Inc., Hydronics Corporation dissipated, or lost intentionally or otherwise, of the Philippines, Marcelo Rubber and Latex pending the action. By receivership, Products, Inc., Polaris Marketing Corp., H. Marcelo property, real or personal, which is subject Steel Corp., Philippine Casino Operators Corp., and of litigation, is placed in the possession and Maria Cristina Fertilizer Corp. v. Sandiganbayan control of a receiver appointed by the Court, and the Presidential Commission on Good who shall conserve it pending final Government, G.R. No. 156605, August 28, 2007) determination of the title or right of possession over it. Sequestration; sequestration is akin to the x x x provisional remedy of preliminary attachment or A sequestration order is similar to the receivership provisional remedy of Receivership under Rule 59 of the Rules of Court. The PCGG may thus exercise The Court elucidated on the power of the PCGG only powers of administration over the property to issue sequestration orders in Bataan Shipyard & Engineering Company, Inc. v. Presidential Commission on or business sequestered or provisionally taken over so as to bring and defend actions in its own name; Good Government. The Court held: receive rents; collect debts due; pay outstanding By the clear terms of the law, the power of debts; and generally do such other acts and things the PCGG to sequester property claimed to be as may be necessary to fulfill its mission as “ill-gotten” means to place or cause to be conservator and administrator. placed under its possession or control said property, or any building or office wherein (Austria-Martinez, J., Pacific Basin Securities Co. any such property and records pertaining Inc. v. Oriental Petroleum and Minerals Corp., and thereto may be found, including “business Equitable Banking Corp., G.R. No. 143972, August enterprises and entities,”– for the purpose 31, 2007) of preventing the destruction, concealment or dissipation of, and otherwise conserving and preserving, the same – until it can be determined, through appropriate judicial proceedings, whether the property was in truth “ill- gotten,” i.e., acquired through or as a result of improper or illegal use of or the conversion of funds belonging to the Government or any of its branches, 20 RESOLUTIONS, ORDERS AND CIRCULARS PHILJAPHILJA BulletinBulletin

SUPREME COURT

RESOLUTION of the COURT En Banc dated August limited to filing fees accruing to the Judiciary 28, 2007, on A.M. No. 04-2-04-SC Development Fund and Special Allowance for the Judiciary Fund, and other fees accruing to the Legal RE: REVISED UPGRADING SCHEDULE OF THE Research Fund, Victim Compensation Fund and LEGAL FEES IN THE SUPREME COURT AND Mediation Fund, shall be paid in full, provided that, in THE LOWER COURTS UNDER RULE 141 OF petitions for rehabilitation under the Interim Rules of THE RULES OF COURT Procedure on Corporate Governance, filing fees in Acting on the proposed guidelines submitted by excess of One Hundred Thousand Pesos the Office of the Court Administrator pursuant to the (Php100,000.00) may be paid on a staggered basis, Resolution dated July 3, 2007, the Court RESOLVED to: subject to the provisions of Section 2 hereof, in accordance with the schedule provided under the (a) ADOPT the attached Guidelines in the Resolution of the Court in A.M. No. 04-2-04-SC dated Implementation of Section 1 of Rule 141 of the September 19,2006. Rules of Court, as Amended; Sec. 2. Modes of Payment. - The filing fees may be paid (b) DIRECT the implementation of Section 1 of in cash or check, as follows: Rule 141 of the Rules of Court, as amended, in all collegiate courts and, as designated pilot- (a) Cash Payment: testing areas, all lower courts in the National (1) Fees not accruing to the Judiciary Development Capital Judicial Region and in Cebu City, Fund or Special Allowance for the Judiciary City, and Lapu-Lapu City; and Fund such as but not limited to the Legal (c) REQUIRE the Office of the Court Research Fee, Victim Compensation Fee, Administrator to submit on or before Mediation Fee, and Cadastral Fee. December 10, 2007 a written report on the (2) Initial deposit of One Thousand Pesos pilot-testing of the amended rule and its (Php1,000.00) to defray actual travel expenses implementing guidelines. in the service of summons, subpoena and other Upon effectivity of this Resolution, all resolutions, court processes. orders and circulars of this Court, which are (b) Cash or Check Payment: inconsistent therewith, are repealed or modified accordingly. (1) Fees accruing to the Judiciary Development Fund amounting to Five Thousand Pesos This Resolution shall take effect on September 3, (Php5,000.00) or less. 2007. (2) Fees accruing to the Special Allowance for the August 28, 2007. Judiciary Fund amounting to Five Thousand (Sgd.) REYNATO S. PUNO, CJ, QUISUMBING (on leave), Pesos (Php5,000.00) or less. YNARES-SANTIAGO, SANDOVAL-GUTIERREZ, (c) Check Payment: CARPIO, AUSTRIA-MARTINEZ, CORONA, CARPIO MORALES, AZCUNA, TINGA, CHICO-NAZARIO, (1) Fees accruing to the Judiciary Development GARCIA, VELASCO, JR., NACHURA, REYES, JJ. Fund exceeding Five Thousand Pesos (Php5,000.00). SUBJECT: GUIDELINES IN THE (2) Fees accruing to the Special Allowance for the IMPLEMENTATION OF SECTION 1 OF Judiciary Fund exceeding Five Thousand RULE 141 OF THE RULES OF COURT, Pesos (Php5,000.00). AS AMENDED Check payments may be in the form of personal, Pursuant to the Resolution dated April 17, 2007 in company or manager’s check, provided that, if the A.M. No. 04-2-04-SC amending Section I of Rule 141 of amount exceeds Fifty Thousand Pesos (Php50,000.00), the Rules of Court, the following guidelines for the it shall be paid in manager’s check. payment of fees, its modes and effects are hereby adopted: Sec. 3. When payment is made in check. - All checks shall be crossed. No postdated, altered, or third-party Section 1. Payment of Fees. - Upon filing of any check shall be accepted. Only checks in the account initiatory pleading, all prescribed fees such as but not name of the lawyer (or law firm) or the party July-SeptemberJuly-September 20072007 RESOLUTIONS,PHILJA NEWS ORDERS AND CIRCULARS 21

RESOLUTION on A.M. No. 04-2-04-SC (continued)

(individual or corporate) filing an action shall be Sec. 6. Submission of Monthly Report. - The Clerk of accepted. Court shall accomplish a Monthly Report of Dismissed Cases due to Dishonored Checks using Form LF-1 (a The fees accruing to the Judiciary Development copy of which is hereto attached as Annex “A”) to be Fund or the Special Allowance for the Judiciary Fund submitted to the Accounting Division, Financial shall be paid in separate checks payable to the Management Office, Office of the Court Administrator “Supreme Court, Judiciary Development Fund within ten (10) days after the end of each month, Account” or to the “Supreme Court, Special attaching thereto the certified true copies of the Allowance for the Judiciary Fund Account,” following documents: respectively. The docket number, title of the case, and the court where the case was filed shall be indicated (a) cancelled official receipts; in the dorsal/back portion of the check. (b) deposit slips; The official receipts issued for payment by check (c) monthly report of collections and deposits of shall be stamped with the following notation: check; and “Payment Credited Only Upon Check Being Cleared.” The official receipts shall reflect accurately the name (d) court orders dismissing the case. of the party on whose behalf the payment is made, the docket number and title of the case, the amount paid In the Cashbooks and Monthly Reports of the in words and in figures, the check number, the name Judiciary Development Fund and the Special of the bank and the branch where the checking account Allowance for the Judiciary Fund, two sub-columns is maintained. The official receipt must be duly signed bearing the headings “Checks Received” and “Cleared by the Clerk of Court. Pending clearance of the check, as of (date) “shall be added under the column of the Clerk of Court retains the official receipt and issues “Official Receipt/Remittance Advice.” a certified true copy thereof to the payor. Sec. 7. Judicial Nature of Assessment and Collection of Sec. 4. When check is dishonored. - Upon receipt of the Docket Fees. - Matters relating to the propriety and notice of dishonor of the check from the depository correctness of the assessment and collection of docket bank by the Supreme Court, the Fiscal Management fees are judicial in nature and should only be and Budget Office (FMBO) shall inform in writing the determined by the regular courts, pursuant to the Clerk of Court concerned within five (5) days from Resolution of the Court dated March 8, 2005 in A.M. receipt of the notice of dishonor. In multiple-sala courts, No. 05-3-03-0. the Clerk of Court shall inform in writing the Branch Sec. 8. Refund of Filing Fees. - The refund of filing fees Clerk of Court where the case was raffled of the paid to the court on account of orders issued by the dishonor of the check within twenty-four (24) hours judges shall be referred to the Chief Justice through from receipt of the notice. the Court Administrator, pursuant to the Resolution The court shall forthwith issue an order of the Court dated October 12,2005 in A.M. No. 05-9- dismissing the case, in consonance with Section 3 of 256-MeTC. Rule 17. Upon the dismissal of the case, the official Sec. 9. Effectivity. - These Guidelines shall take effect receipt is automatically considered cancelled. No on October 1, 2007 in designated areas as the Court, motion for reconsideration of the order of dismissal by resolution, may direct. shall be entertained. The dismissal of the case shall be without prejudice to the filing of a case against the Strict compliance is hereby enjoined. drawer of the dishonored check. Issued this 28th day of August 2007. Sec. 5. Duty of the Clerk of Court, Officer-in-Charge or Accountable Officer. - The Clerk of Court, the Officer- in-Charge in the Office of the Clerk of Court, or the duly authorized accountable officer designated in writing shall strictly observe the procedural guidelines in the collection of fees accruing to the Judiciary Development Fund and the Special Allowance for the Judiciary Fund, provided under Amended Administrative Circular No. 35-2004 dated August 20, 2004. 22 RESOLUTIONS, ORDERS AND CIRCULARS PHILJAPHILJA BulletinBulletin

SUPREME COURT

ADMINISTRATIVE ORDER NO. 118-2007 ADMINISTRATIVE ORDER NO. 120-2007 RE: DESIGNATION OF THE DIVISIONS OF THE TO: ALL PRESIDING JUSTICES AND CLERKS OF COURT OF APPEALS TO HANDLE CASES COURT OF THE COURT OF APPEALS, INVOLVING THE CRIMES OF TERRORISM SANDIGANBAYAN, AND COURT OF TAX OR CONSPIRACY TO COMMIT APPEALS AND ALL JUDGES AND CLERKS TERRORISM AND ALL MATTERS OF COURT OF THE REGIONAL TRIAL INCIDENT TO THE SAID CRIMES COURTS, SHARI’A DISTRICT COURTS, METROPOLITAN TRIAL COURTS, Whereas, Republic Act No. 9372, otherwise MUNICIPAL TRIAL COURTS IN CITIES, known as the Human Security Act of 2007, vests the MUNICIPAL TRIAL COURTS, MUNICIPAL Court of Appeals with authority to act upon judicial CIRCUIT TRIAL COURTS AND SHARI’A matters in the implementation of the provisions CIRCUIT COURTS thereof; SUBJECT: GUIDELINES IN THE DISPOSAL AND/ Whereas, the Human Security Act itself requires OR DESTRUCTION OF COURT the designation by the Supreme Court of specific RECORDS, PAPERS AND EXHIBITS divisions of the Court of Appeals to handle cases involving the crimes of terrorism or conspiracy to 1. The court records, papers and exhibits subject of commit terrorism and all matters incident to the said the disposal and/or destruction must pertain to crimes; and cases terminated for at least seven (7) years, EXCEPT the following, which shall remain in the Whereas, there is need now to designate the office storage of every court, to wit: specific divisions of the Court of Appeals which shall handle the cases mentioned to ensure that in the (a) Naturalization cases; implementation of the Human Security Act, respect for human rights, which shall be absolute and (b) Big land cases; protected at all times, shall not be prejudiced as (c) Precedent-setting cases without records in the expressed in Section 2 thereof; Supreme Court; Now, Therefore, in the interest of the expeditious (d) Death Penalty cases; and and efficient administration of justice, the following Divisions of the Court of Appeals, referred to as the (e) Criminal cases where the Board of Pardons Authorizing Divisions, are hereby designated to and Parole may require certain documents, handle cases involving the crimes of terrorism or important court exhibits, extended conspiracy to commit terrorism and all matters resolutions resolving motions for incident to the said crimes: reconsideration, and the like… 1. Metropolitan Manila and - The First, The phrase “court records, papers and Second and Third Divisions; exhibits” refers to basic pleadings and various supporting papers, documents and exhibits 2. - The Eighteenth, Nineteenth and attached to the expediente or rollo but do not cover Twentieth Divisions; and decisions of terminated cases. These decisions 3. Mindanao - The Twenty-First, Twenty- must still be maintained in the archives of the Second and Twenty-Third Divisions. respective courts to preserve the repositorial value of judicial statements set forth therein; This Administrative Order shall take effect immediately. 2. After the last day of the retention period, a request for authority to dispose of and/or to destroy court July 16, 2007. records, papers, and exhibits shall be filed with the Office of the Court Administrator (OCA), using (Sgd.) PUNO, CJ, QUISUMBING (Chairman, 2nd rd the prescribed form (Form 1). The request shall be Division), YNARES-SANTIAGO (Chairman, 3 acted upon by the Court Administrator within Division), JJ. thirty (30) days from receipt hereof; (Per Revised A.M. No. 99-12-88-SC) 3. Notices of the intention to dispose of and/or destroy court records, papers and exhibits must July-SeptemberJuly-September 20072007 RESOLUTIONS,PHILJA NEWS ORDERS AND CIRCULARS 23

A.O. No. 120-2007 (continued)

be posted for at least thirty (30) days from date of concerned to notify the parties and/or counsel of receipt of the approval of the Office of the Court records as prescribed in paragraph 4 hereof; and Administrator of the authority to dispose of and/ or destroy the court records, papers and exhibits, 11. Non-submission of the Disposal Report shall be at the main entrances of three (3) conspicuous subject to administrative sanctions as the Court public places such as the Hall of Justice, Provincial may appropriately impose. Capitol, City or Municipal Hall, and the Post Office; The provisions of this Administrative Order shall 4. Corresponding notices relative to such disposal not be applicable to court records, papers and exhibits and/or destruction of court records, papers and where there is a specific law providing the disposal exhibits shall be sent to the parties and/or counsel and/or destruction thereof. of record who may wish to retrieve documents/ Strict observance of the above rules/procedures evidence from said court records at least thirty is hereby enjoined. (30) days prior to the date of actual disposal and/ or destruction; This Administrative Order amends or otherwise supersedes Administrative Order No. 13 dated April 5. The disposal and/or destruction must be carried 29, 1981, and such other orders, circulars and other out after the expiration of thirty (30) days as issuances inconsistent herewith. provided in the preceding paragraph, and shall be undertaken by selling or burning the court July 25, 2007. records, papers and exhibits, or by some other practicable manner; (Sgd.) REYNATO S. PUNO Chief Justice 6. The sale or burning shall be conducted in the presence of the Presiding Justice/Executive Judge/ Presiding Judge, the Clerk of Court and the representative from the Commission on Audit; 7. The Clerk of Court shall issue the corresponding official receipt to the buyer of the disposed court records, papers, or exhibits, and the amount collected therefor shall be recorded in a separate report of collection specifying the nature of the income; 8. The Clerk of Court shall remit to the Judiciary Development Fund the proceeds from the sale under a separate Remittance Advice to the credit of the court involved with notice of such remittance furnished the Office of the Court Administrator; 9. Within thirty (30) days after the disposal and/or destruction of court records, papers, and exhibits in accordance with the preceding procedures, the Clerk of Court shall prepare a Disposal Report duly noted by the Presiding Justice/Executive Judge/ Presiding Judge, and submit the same to the Office of the Court Administrator; 10. The Disposal Report must specify the: (a) court records, papers, and exhibits disposed of and/or destroyed, (b) compliance with the basic requirements for the disposal and/or destruction of said court records, papers and exhibits, and (c) facts concerning the exhaustive efforts by the court 24 RESOLUTIONS, ORDERS AND CIRCULARS PHILJAPHILJA BulletinBulletin

SUPREME COURT

ADMINISTRATIVE ORDER NO. 125-2007 second level courts in stations with two or more branches shall be governed by the rules and GUIDELINES ON THE SOLEMNIZATION OF procedures in the raffle of cases prescribed by MARRIAGE BY THE MEMBERS OF THE JUDICIARY existing resolutions and issuances. Raffle of WHEREAS, marriage under the Constitution, is requests shall be effected upon payment of the an inviolable social institution and the foundation of appropriate legal fees. the family and shall be protected by the State (Section Sec. 3. Venue of marriage ceremony solemnized by 2, Article XV, 1987 Constitution); Judges. - As a general rule, a marriage shall be WHEREAS, the Family Code likewise provides that solemnized publicly in the chambers of the judge the nature, consequences and incidents of marriage or in open court except in the following instances: are governed by law and not subject to any stipulation a. A marriage contracted at the point of death (Article 1, Family Code); or solemnized in a remote place under Article WHEREAS, the Supreme Court has declared that 29 of the Family Code; or the State has surrounded marriage with safeguards b. A marriage where both parties submit a 1 to “monitor its purity, continuity and permanence”; written request to the solemnizing officer that WHEREAS, for the above purposes, there is a need the marriage be solemnized at a house or place to lay down rules to enable solemnizing authorities of designated by them in a sworn statement to the Judiciary to secure and safeguard the sanctity of this effect. marriage as a social institution; Sec. 4. Duties of solemnizing officer before the NOW, THEREFORE, the following Guidelines on performance of marriage ceremony. - Before the Solemnization of Marriage by the Members of the performing the marriage ceremony, the Judiciary are hereby promulgated: solemnizing officer shall: A. Justices of the Supreme Court and other appellate a. Ensure that the parties appear personally and courts and Judges of the Regional Trial Courts, are the same contracting parties to the Metropolitan Trial Courts,Municipal Trial Courts marriage; in Cities, Municipal Trial Courts and Municipal b. Personally interview the contracting parties Circuit Trial Courts and examine the documents submitted to Section 1. Authority of solemnizing officer. - ascertain if there is compliance with the essential and formal requisites of marriage a. Incumbent Justices of the Supreme Court, under the Family Code; and Court of Appeals, Sandiganbayan and Court of Tax Appeals have authority to solemnize c. Personally examine the marriage license marriages in any part of the Philippines, presented, unless a marriage license is not regardless of the venue, provided the requisites required under the relevant provisions of the of the law are complied with;2 and Family Code, to determine the authenticity, completeness and validity of the said license; b. Judges of the Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial In the event that either or both of the Courts in Cities, Municipal Trial Courts and contracting parties be citizens of a foreign country, Municipal Circuit Trial Courts have authority the solemnizing officer shall also examine the to solemnize marriages within the court’s certificate of legal capacity to contract marriage jurisdiction.3 issued by the respective diplomatic or consular officials and attached to the marriage license. Sec. 2. Raffle of requests for solemnization of marriages in multiple-sala courts. - Requests for Sec. 5. Other duties of solemnizing officer before solemnization of marriages submitted to first and the solemnization of the marriage in legal ______ratification of cohabitation. - In the case of a marriage effecting legal ratification of 1. Jimenez v. Republic, L-127900, August 31, 1960, 109 Phil 273. cohabitation, the solemnizing officer shall (a) 2. Navarro v. Judge Domagtoy, A.M. No. MTJ-96-1088, July 19, personally interview the contracting parties to 1996, 259 SCRA 129. determine their qualifications to many; (b) 3. Article 7, Family Code; Navarro v. Judge Domagtoy, ibid. personally examine the affidavit of the contracting July-SeptemberJuly-September 20072007 RESOLUTIONS,PHILJA NEWS ORDERS AND CIRCULARS 25

A.O. No. 125-2007 (continued)

parties as to the fact of having lived together as mortis or a marriage in a remote or distant area husband and wife for at least five [5] years and referred to under Articles 27 and 28, respectively, the absence of any legal impediments to marry of the Family Code, the solemnizing officer shall each other; and (c) execute a sworn statement prepare an affidavit stating the following: showing compliance with (a) and (b) and that the solemnizing officer found no legal impediment to (a) That the marriage was performed in articulo the marriage. mortis or that the residence of either party, specifying the barrio or barangay, is so located Sec. 6. Duty of solemnizing officer during the that there are no means of transportation to solemnization of the marriage. - The solemnizing enable such party to appear personally before officer shall require the contracting parties to the local civil registrar; personally declare before him and in the presence of not less than two witnesses of legal age that the (b) That the necessary steps were taken to said parties take each other as husband and wife. ascertain the ages and relationship of the contracting parties; and Sec. 7. Duties of solemnizing officer after solemnization of the marriage. - After performing (c) That there are no legal impediments to the the marriage ceremony, the solemnizing officer marriage. shall: The solemnizing officer (a) shall execute the a. Ensure that the marriage certificate is affidavit before the local civil registrar or any properly accomplished and has the complete other person legally authorized to administer entries, i.e., (1) the declaration that the oaths; and (b) shall file or send the original of the contracting parties take each other as husband affidavit, together with a legible copy of the and wife; (2) the true and correct information marriage contract, to the local civil registrar of and statements required under Article 22 of the municipality where it was performed within the Family Code; (3) it is signed by the the period of thirty [30] days after the contracting parties and their witnesses; and performance of the marriage. (4) it is attested by him; Sec. 9. Recording of marriages solemnized and b. See to it that the marriage is properly safekeeping of documents. - documented in accordance with Article 23 of a. The solemnizing shall cause to be kept in the the Family Code, as follows: court a record book of all marriages (1) By furnishing either of the contracting solemnized. Marriages conducted shall be parties with the original of the marriage entered sequentially and each entry shall set certificate referred to in Article 6 of the forth the names of the contracting parties, Family Code; their respective nationalities and current actual places of residence, the date of marriage (2) By transmitting the duplicate and and the date of the marriage license. triplicate copies of the marriage certificate not later than fifteen (15) days after the b. The solemnizing officer shall cause to be filed marriage to the local civil registrar of the in the court the quadruplicate copy of the place where the marriage was solemnized; marriage certificate, the original of the and marriage license, the certificate of legal capacity when one or both parties are (3) By retaining in the court’s files (1) the foreigners or a copy thereof, and, when quadruplicate copy of the marriage applicable, the affidavit of the contracting certificate, (2) the original of the marriage parties regarding the request for change in license, and, in proper cases, (3) the the venue for the marriage. All documents affidavit of the contracting parties pertaining the request for change in the venue regarding the solemnization of the for the marriage. All documents pertaining marriage in a place other than the Justice’s/ to a marriage shall be kept in one file which judge’s chambers or in open court. file shall be properly labeled, catalogued and their integrity and safety secured. Sec. 8. Other duties of solemnizing officer after the solemnization of the marriage where marriage (Continued on NEXT page) license is not required.- In cases of marriage in articulo 26 RESOLUTIONS, ORDERS AND CIRCULARS PHILJAPHILJA BulletinBulletin

A.O. No. 125-2007 (continued)

B. Judges of the Shari’a District Courts and Shari’a in marriage are (a) declared publicly in his presence Circuit Courts and of two (2) competent witnesses; (b) set forth in an instrument (in triplicate) signed or marked by Sec. 10. Authority to Solemnize Marriages. - the contracting parties and the said witnesses; and a. Incumbent Judges of the Shari’a District Courts that the declaration is attested by him (Article 17, and Shari’a Circuit Courts and any person Code of Muslim Personal Laws). designated by the judge, should the proper Sec. 16. Duty of the solemnizing officer after the wali (guardian for marriage refuse without marriage ceremony. - The solemnizing officer shall justifiable reason, to authorize the (a) give one copy of the declaration to the solemnization, shall have authority to contracting parties; (b) send another copy of the solemnize marriages within the court’s declaration to the Circuit Registrar; and (c) keep jurisdiction (Article 18, Code of Muslim the third copy (Article 17, Code of Muslim Personal Personal Laws). Laws). Sec. 11. Venue of the Marriage Ceremony. - The C. Miscellaneous Common Provisions marriage shall be solemnized publicly in any mosque, office of the Shari‘a judge, office of the Sec. 17. Cases not covered by the Guidelines. - In all District or Circuit Registrar, residence of the bride other cases not covered by the Guidelines, the or her wali, or at any other suitable place agreed solemnizing officer shall comply and act in upon by the parties (Article 19, Code of Muslim accordance with the requirements prescribed by Personal Laws). the relevant provisions of the Family Code, the Code of Muslim Personal Laws of the Philippines, Sec. 12. Marriages among Muslims without and Sections 37-45, Republic Act No. 3631 or the marriage license. - Marriages among Muslims may Marriage Law Act of 1929. be performed validly without the necessity of a marriage license, provided that they are Sec. 18. Fees for the Solemnization of Marriages. - solemnized in accordance with their customs, rites For the performance of marriage ceremony and or practices. (Article 33, Family Code). issuance of marriage certificate and subject further to the provisions of A.M. No. 04-2-04-SC Sec. 13. Duties of the solemnizing officer before the (16 August 2004) the legal fees in the following marriage ceremony. - Before performing the amounts shall be collected: marriage ceremony, the solemnizing officer shall: (a) For marriages solemnized by Justices of the a. Ensure that the parties appearing personally Supreme Court and other appellate courts – before him are the same contracting parties Three hundred (Php300.00) pesos; to the marriage to be solemnized; and (b) For marriages solemnized by Judges of the b. Personally interview the contracting parties Regional Trial Courts and Shari’a District to satisfy himself that the essential requisites Courts – Three hundred (Php300.00) pesos; for the marriage prescribed by Article 15, and Code of Muslim Personal Laws, are present. (c) For marriages solemnized by Judges of the Sec. 14. Other duties of the solemnizing officer before Metropolitan Trial Courts, Municipal Trial the marriage ceremony. - In case where one of the Courts in Cities, Municipal Trial Courts; contracting parties is a female who though less Municipal Circuit Trial Courts and Shari’a than fifteen (15) but not below twelve (12) years Circuit Courts – Three hundred (Php300.00) of age has attained puberty, the solemnizing officer pesos. shall check whether or not, upon petition of a All fees collected for the solemnization of proper wali, an order has been issued by a judge of marriage shall accrue to the Judiciary the Shari‘a District Court for the solemnization of Development Fund. the marriage (Article 16, Code of Muslim Personal Laws). Sec. 19. Payment of legal fees in Philippine legal tender. - All fees shall be paid in Philippine Sec. 15. Duty of the solemnizing officer during the currency and such fees collected shall be properly marriage ceremony. - The solemnizing officer shall officially receipted. ensure that the ijab (offer) and the qabul (acceptance) July-SeptemberJuly-September 20072007 RESOLUTIONS,PHILJA NEWS ORDERS AND CIRCULARS 27

Sec. 20. Unauthorized demand for and receipt of ADMINISTRATIVE CIRCULAR NO. 74-2007 marriage solemnization fees. - The demand for or RE: ENSURING COMPLIANCE WITH SECTION solicitation, collection or receipt of fees for the 4(B) OF REPUBLIC ACT NO. 7877 AND solemnization of any marriage in excess of the SECTIONS 6, 7, 8 OF A.M. NO. 03-03-13-SC amounts stated herein shall be considered a BY THE EXECUTIVE JUDGES OF ALL TRIAL violation of these Guidelines and shall subject the COURTS solemnizing authority to administrative disciplinary measures.4 WHEREAS, Section 4(b) of the Republic Act No, 7877 (Anti-Sexual Harassment Act of 1995) mandates Sec. 21. Facilitation of marriage ceremony. - Any each employer or head of office to create a Committee judge or employee of the court who, alone or with on Decorum and Investigation (CODI) for sexual the connivance of other court personnel or third harassment cases, to increase awareness; prevent persons not employed by the court, intervenes so incidents of sexual harassment; and to conduct that the marriage of contracting parties is investigation of acts allegedly constituting sexual facilitated or performed despite lack of or without harassment; the necessary supporting documents, or performs other acts that tends to cause the solemnization of WHEREAS, to implement Section 4(b) of Republic the marriage with undue baste shall be subjected Act No. 7877, the Supreme Court promulgated the to appropriate administrative disciplinary resolution dated December 14, 2004 in A.M. No. 03- proceedings. 03-13-SC providing for the Rule on Administrative Procedure in Sexual Harassment Cases and Guidelines on Sec. 22. Reporting of marriages solemnized. - All Proper Work Decorum in the Judiciary, Section 6 of which marriages solemnized shall be duly entered and mandates, among others, that in all trial courts, the indicated in the monthly report of cases to be Executive Judges shall appoint the members of their accomplished by the solemnizing officer. CODI; Sec. 23. Posting of the Guidelines. - All Executive WHEREAS, Section 7 of the said Rules provides Judges/Presiding Judges shall post copies of these that in the case of multi-sala courts, the CODI shall be Guidelines (a) in conspicuous places in their composed of the Executive Judge as Chairperson; the respective Halls of Justice or courthouses; and (b) Clerk of Court as Vice-Chairperson; and one on the bulletin board of each court at the entrance representative each from the employees’ associations to the courtroom. duly accredited by the Office of the Court Sec.24. Violations of the Guidelines. - Violations of Administrator; any of the provisions of the Guidelines shall be WHEREAS, Section 8 of the same Rule, as amended ground for the appropriate administrative by the Resolution of the Court En Banc on March 7, disciplinary proceedings. 2006, provides as follows: Sec. 25. Repealing clause. - The provisions of Sec. 8. Jurisdiction, powers and responsibilities administrative orders, circulars and other of CODIs- The CODI shall have jurisdiction issuances of the Supreme Court inconsistent over all complaints for sexual harassment herewith are deemed amended or revoked. committed by official and employees of the Sec. 26. Effectivity. - These Guidelines shall take Judiciary, except those against Judges of regular and effect immediately. special courts and Justices of the Court of Appeals, Sandiganbayan and Court of Tax Appeals ,which shall August 9, 2007. fundamentally adhere to the, proceedings laid down in (Sgd.) REYNATO S. PUNO Section 3 of Rule 140 of the Rules of Court, as amended. Chief Justice WHEREAS, the CODI shall receive the complaint, investigate its allegations, and submit report and recommendation to the proper court authority as provided for in Section 18 of the Rule;

______WHEREAS, the Office of the Court Administrator clustered the first and second level single sala-courts 4. Dysico v. Dacumos, A.M. No. MTJ-94-999, September 23, 1996; 262 SCRA 274. (Continued on NEXT page) 28 RESOLUTIONS, ORDERS AND CIRCULARS PHILJAPHILJA BulletinBulletin

A.C. No. 74-2007 (continued) to facilitate the organization of the Committee on In case the clustered courts are both RTC Decorum and Investigation. Said clustering is herein single sala courts, the Chairperson shall be attached as Annex “A”1 and made an integral part the Presiding Judge who is the most senior hereof; in the Judiciary if there are two or more, then the Presiding Judge most senior in age. WHEREAS, the guidelines for the organization of the CODI as adopted in the En Banc resolution dated The Clerk of Court of the multiple sala court July 11, 2006 states: or the Clerk of Court of the Chairperson in case of the clustered single-sala courts shall (1) The single first level courts including the be the vice-chairperson; and one Shari’a Circuit Court shall be clustered to representative each from the employees’ the RTC exercising administrative associations duly accredited by the Office of supervision over the area where the the Court Administrator. concerned first level court is located. They shall be under the CODI for multi-sala NOW THEREFORE, Executive Judges of all trial lower courts; courts are hereby directed to submit to the Office of the Court Administrator on or before September 30, (2) RTC single sala courts and the Shari’a 2007: (1) a report on their compliance with Section 4(b) District Courts shall be clustered to the of the Republic Act No. 7877 and Section 6, 7, and 8 of nearest RTC multi-sala court or RTC single A.M. No. 03-03-13-SC and (2) the list of the members of sala court as the case may be, as contained their respective CODIs. in the abovementioned Annex “A”. Issued this 26th day of June 2007. The CODI in these clustered courts shall be composed of the Executive Judge of the RTC (Sgd.) PUNO, CJ, QUISUMBING, YNARES-SANTIAGO, multiple sala court where the RTC single SANDOVAL-GUTIERREZ, CARPIO, AUSTRIA- sala is clustered who shall be the MARTINEZ, CORONA, CARPIO MORALES, AZCUNA, Chairperson. TINGA, CHICO-NAZARIO, GARCIA, VELASCO, JR., NACHURA, JJ.

1. Annex “A”- CLUSTERING SCHEME FIRST JUDICIAL REGION Single Sala Stations Nearest RTC Stations RTC, Branch 58, Bucay, RTC, RTC, Branch 64, , RTC, La Trinidad, Benguet RTC, Branch 19, Bangui, RTC, Laoag City RTC, Branch 24, , RTC, City RTC, Branch 25, , Ilocos Sur RTC, City RTC, Branch 34, , La Union RTC, San Fernando City, La Union RTC, Branch 50, , Pangasinan RTC, Branch 53, Rosales, Pangasinan RTC, Branch 53, Rosales, Pangasinan RTC, Branch 50, Villasis, Pangasinan RTC, Branch 70, Burgos, Pangasinan RTC, Alaminos City SECOND JUDICIAL REGION Single Sala Stations Nearest RTC Stations RTC, Branch 11, , Cagayan RTC, Tuguegarao City RTC, Branch 12, Sanchez Mira, Cagayan RTC, Branch 33, Ballesteros, Cagayan RTC, Branch 33, Ballesteros, Cagayan RTC, Sanchez Mira, Cagayan RTC, Branch 13, Basco, RTC, , Cagayan RTC, Branch 14, , RTC, Branch 34, , Ifugao RTC, Branch 34, Banaue, Ifugao RTC, Branch 14, Lagawe, Ifugao RTC, Branch 15, , Ifugao RTC, Santiago City RTC, Branch 22, , RTC, , Isabela RTC, Branch 23, Roxas, Isabela RTC, Ilagan, Isabela RTC, Branch 24, , Isabela RTC, Santiago City July-SeptemberJuly-September 20072007 RESOLUTIONS,PHILJA NEWS ORDERS AND CIRCULARS 29

SECOND JUDICIAL REGION (continued) Single Sala Stations Nearest RTC Stations RTC, Branch 25, Tabuk, Kalinga RTC, Tuguegarao City RTC, Branch 26, Luna, Apayao RTC, Branch 33, Ballesteros, Cagayan RTC, Branch 38, , RTC, , Quirino THIRD JUDICIAL REGION Single Sala Stations Nearest RTC Stations RTC, Branch 4, , Bataan RTC, Balanga City RTC, Branch 5, , Bataan RTC, Balanga City RTC, Branch 40, City, Nueva Ecija RTC, Cabanatuan City, Nueva Ecija RTC, Branch 66, , RTC, RTC, Branch 67, , Tarlac RTC, Branch 68, , Tarlac RTC, Branch 68, Camiling, Tarlac RTC, Branch 67, Paniqui, Tarlac FOURTH JUDICIAL REGION Single Sala Stations Nearest RTC Stations RTC, Branch 5, Lemery, Batangas RTC, Branch 86, Taal, Batangas RTC, Branch 86, Taal, Batangas RTC, Branch 5, Lemery, Batangas RTC, Branch 14, , Batangas RTC, , Batangas RTC, Branch 87, Rosario, Batangas RTC, Lipa City, Batangas RTC, Branch 15, , RTC, RTC, Branch 18, Tagaytay City, Cavite RTC, , Cavite RTC, Branch 90, Dasmariñas, Cavite RTC, Imus, Cavite RTC, Branch 23, City RTC, Cavite City RTC, Branch 33, Siniloan, Laguna RTC, Sta. Cruz, Laguna RTC, Branch 43, Roxas, Mindoro Oriental RTC, Pinamalayan, Mindoro Oriental RTC, Branch 44, , Mindoro Occidental RTC, San Jose, Mindoro Occidental RTC, Branch 95, Roxas, Palawan RTC, City RTC, Branch 63, , Quezon RTC, , Quezon RTC, Branch 64, Mauban, Quezon RTC, City RTC, Branch 65, Infanta, Quezon RTC, Lucena City RTC, Branch 81, Romblon, Romblon RTC, Branch 82, , Romblon RTC, Branch 82, Odiongan, Romblon RTC, Branch 81, Romblon, Romblon FIFTH JUDICIAL REGION Single Sala Stations Nearest RTC Stations RTC, Branch 63, , RTC, Naga City RTC, Branch 64, Labo, RTC, , Camarines Norte RTC, Branch 49, , RTC, RTC, Branch 50, San Jacinto, Masbate RTC, Masbate City RTC, Branch 54, , RTC, RTC, Branch 55, , Sorsogon RTC, Branch 65, Bulan, Sorsogon SIXTH JUDICIAL REGION Single Sala Stations Nearest RTC Stations RTC, Branch 13, , Antique RTC, Branch 64, , Antique RTC, Branch 64, Bugasong, Antique RTC, Branch 13, Culasi, Antique RTC, Branch 66, Barotac Viejo, Iloilo RTC, Branch 68, , Iloilo RTC, Branch 67, Guimbal, Iloilo RTC, Iloilo City RTC, Branch 68, Dumangas, Iloilo RTC, Iloilo City RTC, Branch 65, Jordan, RTC, Iloilo City RTC, Branch 60, Cadiz City, Negros Occidental RTC, City RTC, Branch 61, City, Negros Occidental RTC, , Negros Occidental

(Continued on NEXT page) 30 RESOLUTIONS, ORDERS AND CIRCULARS PHILJAPHILJA BulletinBulletin

A.C. No. 74-2007 (continued)

SIXTH JUDICIAL REGION (continued) Single Sala Stations Nearest RTC Stations RTC, Branch 62, Bago City, Negros Occidental RTC, Branch 63, La Carlota City RTC, Branch 63, La Carlota City, Negros Occidental RTC, Branch 62, Bago City SEVENTH JUDICIAL REGION Single Sala Stations Nearest RTC Stations RTC, Branch 50, Loay, Bohol RTC, Tagbilaran City RTC, Branch 51, Carmen, Bohol RTC, Branch 52, , Bohol RTC, Branch 52, Talibon, Bohol RTC, Branch 51, Carmen, Bohol RTC, Branch 25, Danao City, Cebu RTC, Bogo, Cebu RTC, Branch 26, , Cebu RTC, Branch 62, , Cebu RTC, Branch 62, Oslob, Cebu RTC, Argao, Cebu RTC, Branch 60, , Cebu RTC, Toledo City RTC, Branch 61, Bogo, Cebu RTC, Danao City RTC, Branch 45, Bais City, Negros Oriental RTC, , Negros Oriental RTC, Branch 63, City, Negros Oriental RTC, Bais City RTC, Branch 64, , Negros Oriental RTC, Bais City RTC, Branch 43, Tanjay, Negros Oriental RTC, Branch 45, Bais City RTC, Branch 46, , Siquijor RTC, Dumaguete City EIGHTH JUDICIAL REGION Single Sala Stations Nearest RTC Stations RTC, Branch 3, , Eastern, Samar RTC, Borongan, Eastern Samar RTC, Branch 4, Dolores, Eastern Samar RTC, Branch 5, Oras, Eastern Samar RTC, Branch 5, Oras, Eastern Samar RTC, Branch 4, Dolores, Eastern Samar RTC, Branch 10, , Leyte RTC, Tacloban City RTC, Branch 11, , Leyte RTC, , Leyte RTC, Branch 14, Baybay, Leyte RTC, Ormoc City RTC, Branch 15, Burauen, Leyte RTC, Tacloban City RTC, Branch 17, , Leyte RTC, Ormoc City RTC, Branch 18, , Southern, Leyte RTC, Maasin City RTC, Branch 16, Naval, Biliran RTC, Branch 37, , Biliran RTC, Branch 37, Caibiran, Biliran RTC, Branch 16, Naval, Biliran RTC, Branch 23, Allen, Northern Samar RTC, Catarman, Northern Samar RTC, Branch 38, Gamay, Northern Samar RTC, Laoang, Northern Samar (unorganized sala) RTC, Branch 26, San Juan, Southern Leyte RTC, Branch 39, Sogod, Southern Leyte RTC, Branch 39, Sogod, Southern Leyte RTC, San Juan, Southern Leyte RTC, Branch 30, Basey, Samar RTC, Tacloban City RTC, Branch 33, , Samar RTC, , Samar RTC, Branch 40, , Samar RTC, Catbalogan, Samar RTC, Branch 41, Gandara, Samar RTC, Calbayog City NINTH JUDICIAL REGION Single Sala Stations Nearest RTC Stations RTC, Branch 3, , These three (3) courts can be clustered RTC, Branch 4, Parang, Sulu as they are holding office and RTC, Branch 25, , Sulu Court sessions at Jolo, Sulu RTC, Branch 5, , Tawi-Tawi RTC, Zamboanga City RTC, Branch 26, Sapa Sapa, Tawi-Tawi RTC, Zamboanga City (unorganized sala) RTC, Branch 11, , RTC, Branch 28, , Zamboanga del Norte RTC, Branch 28, Liloy, Zamboanga del Norte RTC, Branch 11, Sindangan, Zamboanga del Norte July-SeptemberJuly-September 20072007 RESOLUTIONS,PHILJA NEWS ORDERS AND CIRCULARS 31

NINTH JUDICIAL REGION (continued) Single Sala Stations Nearest RTC Stations RTC, Branch 27, , Zamboanga del Norte RTC, Zamboanga City RTC, Branch 23, Molave, RTC, Branch 30, , Zamboanga del Sur RTC, Branch 29, San Miguel, Zamboanga del Sur RTC, Pagadian City RTC, Branch 30, Aurora, Zamboanga del Sur RTC, Branch 23, Molave, Zamboanga del Sur RTC, Branch 24, Ipil, RTC, Pagadian City TENTH JUDICIAL REGION Single Sala Stations Nearest RTC Stations RTC, Branch 34, , RTC, Butuan City RTC, Branch 6, Prosperidad, Agusan del Sur RTC, Branch 7, , Agusan del Sur RTC, Branch 7, Bayugan, Agusan del Sur RTC, Branch 6, Prosperidad, Agusan del Sur RTC, Branch 11, Manalo Fortich, RTC, City RTC, Branch 16, City, Misamis Occidental RTC, Ozamis City RTC, Branch 36, Calamba, Misamis Occidental RTC, City RTC, Branch 44, , RTC, Cagayan de Oro City RTC, Branch 28, , RTC, Cagayan de Oro City RTC, Branch 31, Dapa, Surigao del Norte RTC, Surigao City RTC, Branch 32, , Surigao del Norte RTC, Surigao City ELEVENTH JUDICIAL REGION Single Sala Stations Nearest RTC Stations RTC, Branch 3, , Compostela Valley RTC, City RTC, Branch 7, , Davao Oriental RTC, Mati, Davao Oriental RTC, Branch 32, , Davao Oriental RTC, Mati, Davao Oriental RTC, Branch 21, , RTC, City RTC, Branch 26, Surallah, South Cotabato RTC, City RTC, Branch 39, , South Cotabato RTC, City RTC, Branch 38, , RTC, General Santos City RTC, Branch 28, , RTC, , City, Surigao del Sur RTC, Branch 29, Bislig City, Surigao del Sur RTC, Branch 28, Lianga, Surigao del Sur RTC, Branch 41, , Surigao del Sur RTC, Tandag, Surigao del Sur TWELFTH JUDICIAL REGION Single Sala Stations Nearest RTC Stations RTC, Branch 7, Tubod, RTC, Branch 21, Kapatagan, Lanao del Norte RTC, Branch 21, Kapatagan, Lanao del Norte RTC, Branch 7, Tubod, Lanao del Norte RTC, Branch 15, , (Maganoy), RTC, RTC, Branch 19, , RTC, Branch 20, City RTC, Branch 20, Tacurong, Sultan Kudarat RTC, Branch 19, Isulan, Sultan Kudarat RTC, Branch 25, , Sultan Kudarat RTC, Branch 19, Isulan, Sultan Kudarat (unorganized)

SHARI’A DISTRICT COURT RTC STATION 1. Shari’a District Court, Jolo, Sulu All RTCs in Sulu Province 2. Shari’a District Court, Bongao, Tawi-Tawi RTC, Zamboanga City 3. Shari’a District Court, Zamboanga City RTC, Zamboanga City 4. Shari’a District Court, City RTC, Marawi City 5. Shari’a District Court, Cotabato City RTC, Cotabato City 32 RESOLUTIONS, ORDERS AND CIRCULARS PHILJAPHILJA BulletinBulletin

SUPREME COURT

ADMINISTRATIVE CIRCULAR NO. 76-2007 shall cover all cases pending at the end of June and December of each year including all cases TO: ALL JUDGES AND CLERKS OF COURT/ filed and disposed of (archived cases, cases BRANCH CLERKS OF COURT /OFFICERS-IN- transferred to other branches/salas and CHARGE OF THE REGIONAL TRIAL decided cases) during the semester. COURTS, SHARI’A DISTRICT COURTS, METROPOLITAN TRIAL COURTS, Sec. 2. When to submit Docket Inventory Reports. - MUNICIPAL TRIAL COURTS IN CITIES, The report shall be submitted to the Statistical MUNICIPAL TRIAL COURTS, MUNICIPAL Reports Division, Court Management Office: (1) CIRCUIT TRIAL COURTS AND SHARI’A within one [1] month after the immersion CIRCUIT COURTS program period – for newly appointed judges; and (2) not later than the first week of February and SUBJECT: SUBMISSION OF SEMESTRAL the first week of August of each year – for all judges, DOCKET INVENTORY REPORT including newly appointed judges. For the purpose of determining the actual number However, newly appointed judges who of cases and monitoring the status of each case filed assumed administrative functions either in the with the lower courts, all judges are required to conduct month of June or December shall conduct the a physical inventory of cases at the time of assumption inventory under the provisions of Section 1(b). and every semester thereafter and regularly submit a report thereon to the Office of the Court Administrator. Sec. 3. Contents of the report and certification. - The tabulation shall contain the following information: The judge and the clerk of court shall examine each (1) case number; (2) case title; (3) nature of the case; case record and initial the last page thereof. They shall (4) date filed/raffled; (5) date of pre-trial (in civil prepare a tabulation of all pending cases at the time of cases) or arraignment (in criminal cases); (6) date the assumption of the judge or at the end of each of initial trial; (7) last trial or court action taken semestral period, as the case may be, including all cases and date thereof; (8) date submitted for decision; filed and disposed of (archived cases, cases transferred and (9) judge to whom the case is assigned. to other branches/salas and decided cases) during the semester being reported. The report shall be jointly certified under oath by the trial judge and his/her clerk of court or The following guidelines shall be observed: branch clerk of court or officer-in-charge concerned Section 1. Who shall and when to conduct the after personally examining the record of each case physical inventory of cases and which cases to and initialing the last page thereof. The actual include. - inclusive dates when the inventory was conducted shall be indicated in the certification. a. Newly Appointed Judges Sec. 4. Official form and joint certification. - The At any time during the immersion program, official form shall be as follows: the judge and his/her clerk of court shall conduct a physical inventory of cases covering the cases pending at the time of his/her assumption. This shall include all cases filed and disposed of (archived cases, cases transferred to other branches/salas and decided cases) prior to his/her assumption but which were not reported in the previous Semestral Docket Inventory. b. All Judges (including newly appointed and designated as acting and assisting judges who try and decide cases) Every: (1) presiding judge; (2) newly appointed judge; and (3) judges designated as acting or assisting judge to try and decide cases shall conduct the physical inventory of cases, which July-SeptemberJuly-September 20072007 RESOLUTIONS,PHILJA NEWS ORDERS AND CIRCULARS 33

A.C. No. 76-2007 (continued)

The tabulation shall be subscribed and sworn MEMORANDUM CIRCULAR NO. 09-2007 to by the judge and his/her clerk of court/branch RE: ENJOINING ALL OFFICIALS AND clerk of court or officer-in-charge concerned EMPLOYEES OF THE JUDICIARY TO before the Executive Judge or Vice Executive Judge, STRICTLY OBSERVE THE PROHIBITION or in case of unavailability of both, before the AGAINST GAMBLING OR ENGAGING IN Presiding Judge of the station nearest to his/her OTHER FORMS OF GAMBLING WITHIN court. Should the distance or mode of COURT PREMISES transportation be such as to make it impracticable to swear before the aforesaid judges, the Whereas, the Code of Conduct for Court Personnel declaration under oath may be done before a provides that any act of impropriety committed by public prosecutor or a notary public, in this order. court personnel “immeasurably affects the honor and dignity of the Judiciary and the people’s confidence in Sec. 5. No modification allowed. - No modification it;” of the prescribed form shall be made by either the judge or the clerk of court. Whereas, the Code of Conduct and Ethical Standards for Public Officials and Employees directs Sec. 6. Period for inventory. - Judges may devote public officials and employees to refrain from doing one (1) week of each semester for the conduct of acts contrary to good morals and good customs; the physical inventory and preparation of the semestral docket inventory report. Trials need not Whereas, the Supreme Court has always enjoined be scheduled during the period. court employees to adhere to the exacting standards of morality and decency in their professional as well Sec. 7. Sanctions.- Non-submission of the as private conduct in order to preserve the good name Semestral Docket Inventory Report and failure to and integrity of the courts of justice; submit complete and accurate reports shall warrant the withholding of the salaries of the Whereas, the Court has received reports that court judge/s and clerks of court/branch clerks of court/ employees have been observed gambling or engaging officers-in-charge concerned, without prejudice in other forms of gambling within court premises (not to whatever administrative sanction the Supreme only in covert places but also in areas which could be Court may impose on them or criminal action easily sighted by other personnel and the transacting which may be filed against them. public); Sec. 8. Repealing Clause. - This Administrative Whereas, studies show that gambling is a Circular revokes Administrative Circulars Nos. manipulative and ruinous means of exploiting the 1 dated January 28, 1988 [Item No.1], 10-94 dated individual’s weaknesses, his misplaced belief in and June 29, 1994, 17-94 dated November 14, 1994 and reliance on luck or “suerte;” and his misapprehension 2-2001 dated January 2, 2001 and other issuances of the role of skill in playing the game; inconsistent with this issuance. Whereas, the Court has ruled that “gambling is Sec. 9. Effectivity Clause. - This Administrative xxx absolutely forbidden at court premises during Circular shall take effect immediately and the office hours;” and that it “generates unwholesome herein prescribed form shall be used starting the consequences on the gambler as it diverts his attention Semestral Docket Inventory Report for the period from the more important responsibilities of his job;”1 July to December 2007. and For strict compliance. Whereas, in an instance where court employees’ were apprehended engaged in a card game within the August 31, 2007. judge’s chambers which game allegedly did not (Sgd.) REYNATO S. PUNO involve monetary bets, the Court still imposed Chief Justice disciplinary sanctions on the erring personnel on the ground that such act violated norms of public ______

1. Re: Amado T. Resma, et al., A.M. No. P-2387, May 13, 1981 (104 SCRA 336); Paiste v. Mementa, A.M. No. P-03-1697, October 1, 2003 (412 SCRA 403).

(Continued on NEXT page) 34 RESOLUTIONS, ORDERS AND CIRCULARS PHILJAPHILJA BulletinBulletin

M.C. No. 09-2007 (continued) OFFICE OF THE COURT ADMINISTRATOR accountability;2 OCA CIRCULAR NO. 67-2007 Now, therefore, all officials and employees of all TO: ALL CLERKS OF COURT/OFFICERS- courts under the Judiciary (from the Supreme Court IN-CHARGE OF THE FIRST AND SECOND to the first and second level courts) are enjoined to LEVEL COURTS strictly heed the prohibition against gambling or SUBJECT: EXEMPTION OF THE INDIGENT engaging in other forms of gambling within court CLIENTS OF THE PUBLIC premises. In order to maintain the highest level of ATTORNEY’S OFFICE (PAO) FROM ethical conduct and morals in the Judiciary, gambling THE PAYMENT OF DOCKET AND and any forms thereof, regardless of whether or not OTHER FEES they involve monetary bets, shall not be allowed, tolerated or condoned. Quoted hereunder for the information and guidance of all concerned are the pertinent provisions The appropriate administrative disciplinary of Republic Act No. 9406 entitled “An Act action shall be taken against any court official or Reorganizing and Strengthening the Public employee caught gambling or engaging in any form of Attorney’s Office (PAO), amending for the purpose gambling within court premises (whether such pertinent provisions of Executive Order No. 292, gambling activities occur during working days or otherwise known as the ‘Administrative Code of weekends/holidays; or during office hours or beyond 1987,’ as amended, granting special allowance to office hours). PAO officials and lawyers, and providing funds In the Supreme Court, the Chief of Staff of the Office therefor,” which took effect on April 15, 2007, to wit: of the Chief Justice and the respective Judicial Staff “Sec.2. Section 14 xxx is hereby further amended Heads of the Offices of the Associate Justices, the Court to read as follows: Administrator, the Clerk of Court and Division Clerks of Court, the Chiefs of Offices of the different offices, ‘Sec. 14. Public Attorney’s Office (PAO). - xxx the Chancellor of the Philippine Judicial Academy, and the Judicial and Bar Council Executive Committee “The PAO shall be the principal law office of Chairman shall ensure that personnel in their offices the Government in extending free legal shall comply fully and faithfully with the policy assistance to indigent persons in criminal, proscribing gambling and any forms thereof within civil, labor, administrative and other quasi- court premises. They shall adopt such measures as judicial cases.” (Emphasis underlined) may be necessary to prevent the commission of all xxx xxx xxx forms of gambling within their areas of supervision. Sec. 6. New sections xxx The respective Presiding Justices of the Court of Appeals, Sandiganbayan and Court of Tax Appeals, xxx xxx xxx insofar as their courts are concerned, and the Court “Sec. 16.D. Exemption from Fees and Costs of Administrator, with regard to the lower courts, shall the Suit. -The clients of the PAO shall be see to the implementation of this Memorandum exempt from payment of docket and other fees Circular. incidental to instituting an action in court and Issued this 18th day of June 2007. other quasi-judicial bodies, as an original proceeding or on appeal. (Sgd.) REYNATO S. PUNO Chief Justice The costs of the suit, attorney’s fees and contingent fees imposed upon the adversary of the PAO clients after a successful litigation shall be deposited in the National Treasury ______as trust fund and shall be disbursed for special allowances of authorized officials and 2. Judge Albano-Madrid v. Apolonio, et al., A.M. No. P-01-15l7, lawyers of the PAO.”(Emphasis underlined) February 7, 2003 (397 SCRA 120). However, the entitlement to the exemption from the payment of docket and other fees shall be subject to the conditions prescribed under Section 19, Rule 141 of the Revised Rules of Court. July-SeptemberJuly-September 20072007 RESOLUTIONS,PHILJA NEWS ORDERS AND CIRCULARS 35

Thus, the indigent client of PAO shall execute an OCA CIRCULAR NO. 70-2007 affidavit stating (a) that his gross income and that of TO: ALL JUDGES AND CLERKS OF COURT OF THE his immediate family do not exceed an amount double REGIONAL TRIAL COURTS the monthly minimum wage of an employee; and (b) that the indigent client does not own real property SUBJECT: COPY FURNISHED THE LEGAL AND with a fair market value, as stated in the appended PROSECUTION SERVICE (LPS) OF THE current tax declaration, of more than three hundred PHILIPPINE DRUG ENFORCEMENT thousand (Php300,000.00) pesos. AGENCY (PDEA) WITH ALL COURT ORDERS, RESOLUTIONS, AND The affidavit of the indigent client shall be DECISIONS ON DRUG CASES supported by an affidavit of a disinterested person attesting to the truth of the former. In the effort of the Philippine Drug Enforcement Agency (PDEA) to prepare for prosecution or cause the Strict compliance is hereby enjoined. filing of appropriate criminal and civil cases for July 12, 2007. violation of all laws on dangerous drugs, controlled precursors and essential chemicals, and other similar (Sgd.) CHRISTOPHER O. LOCK controlled substances pursuant to Section 84(h) of Court Administrator Republic Act No. 9165, the said government agency through its Legal and Prosecution Service (LPS) is requesting that it be furnished with all copies of all court orders, resolutions and decisions on drug cases, all for purposes of improving its system of tracking, monitoring, and checking the status of drug cases. OCA CIRCULAR NO. 68-2007 Henceforth, you are DIRECTED to furnish the TO: ALL CLERKS OF COURT OF THE COURT OF abovementioned agency with all court orders, APPEALS, SANDIGANBAYAN, COURT OF resolutions and decisions on drug cases at the following TAX APPEALS AND THE FIRST AND address: SECOND LEVEL COURTS LEGAL AND PROSECUTION SERVICE SUBJECT: REVISED UPGRADING OF SCHEDULE Philippine Drug Enforcement Agency OF THE LEGAL FEES IN THE SUPREME 2F PDEA Building, NIA Northsite Road COURT AND THE LOWER COURTS Pinyahan, Quezon City UNDER RULE 141 OF THE RULES OF COURT Strict compliance is hereby enjoined. On May 29, 2007, Administrative Circular No. 60- July 25, 2007. 2007 was issued to implement the resolution dated (Sgd.) CHRISTOPHER O. LOCK April 17, 2007 of the Court En Banc in A.M. No. 07-2- Court Administrator 04-SC which Amended Section 1 of Rule 141 of the Rules of Court. The said resolution is supposed to take effect on July 2, 2007. However, on July 3, 2007, the Court En Banc issued another resolution which Resolved to HOLD IN ABEYANCE the new modes of payment of legal fees OCA CIRCULAR NO. 78-2007 beginning July 2, 2007 as approved in the resolution TO: ALL JUSTICES OF THE COURT OF APPEALS, dated April 17, 2007, pending submission by the Office SANDIGANBAYAN AND THE COURT OF TAX of the Court Administrator of the Implementing APPEALS, AND JUDGES OF THE FIRST AND Guidelines thereon. SECOND LEVEL COURTS For your information and guidance. SUBJECT: INTERIM PROCEDURE FOR July 12, 2007. ADDRESSING AND HANDLING THREATS AGAINST JUSTICES AND (Sgd.) CHRISTOPHER O. LOCK JUDGES Court Administrator (Continued on NEXT page) 36 RESOLUTIONS, ORDERS AND CIRCULARS PHILJAPHILJA BulletinBulletin

OCA Cir. No. 78-2007 (continued)

The Supreme Court, through its Committee on OCA CIRCULAR NO. 79-2007 Security (Committee) has undertaken the Judicial TO: ALL PRESIDING JUDGES OF THE Security Project to address the recent spate of killings REGIONAL TRIAL COURTS, and other acts of violence against trial court judges, METROPOLITAN TRIAL COURTS, and the matter of judicial security in general. MUNICIPAL TRIAL COURTS, MUNICIPAL In coordination with the National Bureau of TRIAL COURTS IN CITIES AND MUNICIPAL Investigation (NBI) and with the assistance of the US CIRCUIT TRIAL COURTS Agency for International Development (USAID) SUBJECT: RELEVANT PROVISIONS OF THE through the Rule of Law Effectiveness (ROLE) Project, “HUMAN SECURITY ACT OF 2007” the Committee has been drafting the Court Security and Emergency Procedure Manuals for the Supreme Republic Act No. 9372, otherwise known as the Court and the entire Judiciary. The matter of “Human Security Act of 2007” took effect on July 15, instituting protocols or procedures for addressing and 2007. The law defines terrorism and conspiracy to handling threats to the safety of Justices and Judges is commit terrorism, and prescribes the functions of, included in these Manuals. among others, the law enforcement authorities, the concerned agencies under the Department of Justice Pending the final submission and approval of said and the different courts under the Judiciary. Manuals, the Committee has resolved to adopt an interim procedure to address these aforementioned All judges of the courts mentioned herein are threats. The Committee has resolved to designate advised to peruse and analyze the provisions of the Deputy Court Administrator Reuben P. De la Cruz and “Human Security Act of 2007.” Particular attention Atty. Allan C. Contado of the NBI as the contact should be given to the following provisions which persons in the event a Justice or a Judge is confronted relate to the functions and responsibilities of the with such threats. Atty. Contado is the NBI’s Liaison courts under the circumstances described therein: Officer to the Supreme Court for the Task Force for Judiciary Protection. 1. “Sec. 17. Proscription of Terrorist Organizations, Association, or Group of Their contact details are: Persons. - Any organization, association, or group of persons organized for the purpose of Hon. Reuben P. De la Cruz engaging in terrorism, or which, although not Deputy Court Administrator organized for that purpose, actually uses the 3/F Old Main Building acts to terrorize mentioned in [the] Act or to Supreme Court sow and create a condition of widespread and Padre Faura St., Ermita, Manila extraordinary fear and panic among the (02) 5257143; 0918-9635491 populace in order to coerce the government Atty. Allan C. Contado to give in to an unlawful demand shall, upon Chief, Anti-Graft Division and Liaison Officer application of the Department of Justice before Task Force on Judiciary Protection a competent Regional Trial Court, with due National Bureau of Investigation notice and opportunity to be heard given to Taft Avenue, Manila the organization, association, or group of (02) 5238231 local 3424 and 3467; persons concerned, be declared as a terrorist 0917-9777442; 0919-5887817 and outlawed organization, association, or group of persons by the said Regional Trial Please be guided accordingly. Court.” 16 August 2007. 2. “Sec. 18. Period of Detention Without Judicial (Sgd.) CHRISTOPHER O. LOCK Warrant of Arrest. - The provisions of Article Court Administrator 125 of the Revised Penal Code to the contrary notwithstanding, any police or law enforcement personnel, who, having been duly authorized in writing by the Anti- Terrorism Council has taken custody of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall, without incurring July-SeptemberJuly-September 20072007 RESOLUTIONS,PHILJA NEWS ORDERS AND CIRCULARS 37

any criminal liability for delay in the delivery the police or law enforcement personnel who of detained persons to the proper judicial fails to not and any judge as provided in the authorities, deliver said charged or suspected preceding paragraph.” person to the proper judicial authority within a period of three (3) days counted from the 3. “Sec. 19. Period of Detention in the Event of an moment the said charged or suspected person Actual or Imminent Terrorist Attack. - In the has been apprehended or arrested, detained, event of an actual or imminent terrorist and taken into custody by the said police, or attack, suspects may not be detained for more law enforcement personnel: Provided, That the than three (3) days without the written arrest of those suspected of the crime of approval of a municipal, city, provincial or terrorism or conspiracy to commit terrorism regional official of a Human Rights must result from the surveillance under Commission or judge of the municipal, Section 7 and examination of bank deposits regional trial court, the Sandiganbayan or a under Section 27 of [the] Act.” justice of the Court of Appeals nearest the place of the arrest. If the arrest is made during “The police or law enforcement personnel Saturdays, Sundays, holidays or after office concerned shall, before detaining the person hours, the arresting police or law enforcement suspected of the crime of terrorism, present personnel shall bring the person thus arrested him or her before any judge at the latter’s to the residence of any of the officials residence or office nearest the place where the mentioned above that is nearest the place arrest took place at any time of the day or where the accused was arrested. The approval night. It shall be the duty of the judge; among in writing of any of the said officials shall be other things, to ascertain the identity of the secured by the police or law enforcement police or law enforcement personnel and the personnel concerned within five (5) days after person or persons they have arrested and the date of the detention of the persons presented before him or her, to inquire of them concerned: Provided, however, That within three the reasons why they have arrested the (3) days after the detention of the suspects, person and determine by questioning and whose connection with the terror attack or personal observation whether or not the threat is not established, shall be released suspect has been subjected to any physical, immediately.” moral or psychological torture by whom and why. The judge shall then submit a written 4. “Sec. 20. Penalty for Failure to Deliver Suspect report of what he/she had observed when the to the Proper Judicial Authority within Three subject was brought before him to the proper Days. - The penalty of ten (10) years and one court that has jurisdiction over the case of the (1) day to twelve (12) years of imprisonment person thus arrested.” shall be imposed upon any police or law enforcement personnel who has apprehended “The judge shall forthwith submit his/her or arrested, detained and taken custody of a report within three (3) calendar days from the person charged with or suspected of the crime time the suspect was brought to his/her of terrorism or conspiracy to commit residence or office.” terrorism and fails to deliver such charged or suspected person to the proper judicial “Immediately after taking custody of a authority within the period of three (3) days.” person charged with or suspected of the crime of terrorism or conspiracy to commit 5. “Sec. 26. Restriction on Travel.- In cases where terrorism, the police or law enforcement evidence of guilt is not strong, and the person personnel shall notify in writing the judge of charged with the crime of terrorism or the court nearest the place of apprehension or conspiracy to commit terrorism is entitled to arrest: Provided, That where the arrest is made bail and is granted the same, the court, upon during Saturdays, Sundays, holidays or after application by the prosecutor, shall limit the office hours, the written notice shall be served right of travel of the accused to within the at the residence of the judge nearest the place municipality or city where he resides or where the accused was arrested. The penalty where the case is pending, in the interest of of ten (10) years and one (1) day to twelve (12) national security and public safety, consistent years of imprisonment shall be imposed upon (Continued on NEXT page) 38 RESOLUTIONS, ORDERS AND CIRCULARS PHILJAPHILJA BulletinBulletin

OCA Cir. No. 79-2007 (continued)

with Article III, Section 6 of the Constitution. Court of Appeals to allow the person accused Travel outside of said municipality or city, of the crime of terrorism or of the crime of without the authorization of the court, shall conspiracy to commit terrorism to withdraw be deemed a violation of the terms and such sums from sequestered or frozen conditions of his bail, which shall then be deposits, placements, trust accounts, assets forfeited as provided under the Rules of Court. and records as may be necessary for the regular sustenance of his/her family or to use He/she may also be placed under house any of his/her property that has been seized, arrest by order of the court at his or her usual sequestered or frozen for legitimate purposes place of residence. While under house arrest, while his/her case is pending shall suffer the he or she may not use telephones, cell phones, penalty of ten (10) years and one day to twelve e-mails, computers, the internet or other (12) years of imprisonment.” means of communications with people outside the residence until otherwise ordered 7. “Sec. 40. Nature of Seized, Sequestered and by the court. Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records. - The seized, The restrictions abovementioned shall be sequestered and frozen bank deposits, terminated upon the acquittal of the accused placements, trust accounts, assets and records or of the dismissal of the case filed against him belonging to a person suspected of or charged or earlier upon the discretion of the court on with the crime of terrorism or conspiracy to motion of the prosecutor or of the accused.” commit terrorism shall be deemed as property 6. “Sec. 39. Seizure and Sequestration. - The held in trust by the bank or financial deposits and their outstanding balances, institution for such person and the placements, trust accounts, assets, and records government during the pendency of the in any bank or financial institution, moneys, investigation of the person suspected of or businesses, transportation and during the pendency of the trial of the person communication equipment, supplies and other charged with any of the said crimes, as the implements, and property of whatever kind case may be and their use or disposition while and nature belonging: (1) to any person the case is pending shall be subject to the suspected of or charged before a competent approval of the court before which the case or Regional Trial Court for the crime of terrorism cases are pending.” or the crime of conspiracy to commit 8. “Sec. 41. Disposition of the Seized, Sequestered terrorism; (2) to a judicially declared and and Frozen Bank Deposits, Placements, Trust outlawed organization, association, or group Accounts, Assets and Records. - If the person of persons; or (3) to a member of such suspected of or charged with the crime of organization, association, or group of persons terrorism or conspiracy to commit terrorism shall be seized, sequestered, and frozen in is found, after his investigation, to be innocent order to prevent their use, transfer, or by the investigating body, or is acquitted, after conveyance for purposes that are inimical to his arraignment or his case is dismissed before the safety and security of the people or his arraignment by a competent court, the injurious to the interest of the State.” seizure, sequestration and freezing of his bank “The accused or a person suspected of may deposits, placements, trust accounts, assets withdraw such sums as may be reasonably and records shall forthwith be deemed lifted needed by the monthly needs of his family by the investigating body or by the competent including the services of his or her counsel and court, as the case may be, and his bank his or her family’s medical needs upon deposits, placements, trust accounts, assets approval of the court. He or she may also use and records shall be deemed released from any of his property that is under seizure or such seizure, sequestration and freezing, and sequestration or frozen because of his/her shall be restored concerned without any indictment as a terrorist upon permission of further action on his part. The filing of any the court for any legitimate reason.” appeal on motion for reconsideration shall not state the release of said funds from seizure, “Any person who unjustifiably refuses to sequestration and freezing.” follow the order of the proper division of the July-SeptemberJuly-September 20072007 RESOLUTIONS,PHILJA NEWS ORDERS AND CIRCULARS 39

“If the person charged with the crime of 2. Publication of Vacant Positions terrorism or conspiracy to commit terrorism is convicted by a final judgment of a competent b. Notify the Clerk of Court to post notices of trial court, his seized, sequestered and frozen vacancies. bank deposits, placements, trust accounts, Within five (5) days from notification, the assets and records shall be automatically Clerk of Court shall post notices of forfeited in favor of the government.” vacancies to be filled in three (3) conspicuous “Upon his or her acquittal or the places in the court’s premises for ten (10) dismissal of the charges against him or her, working calendar days. The notice shall the amount of Five hundred thousand pesos specify the qualification standards and (Php500,000.00) a day for the period in which requirements for the position. his properties, assets or funds were seized Within two (2) months from the expiration shall be paid to him on the concept of of the ten-day period of posting, the liquidated damages. The amount shall be following guidelines shall be observed: taken from the appropriations of the police or law enforcement agency that caused the filing a. The Presiding Judge or Acting Presiding of the enumerated charges against him/her.” Judge shall submit all applications, with or without recommendation, to the Executive 9. “Sec. 48. Continuous Trial. - In cases of Judge. terrorism or conspiracy to commit terrorism, the judge shall set the case for continuous trial b. The Executive Judge shall indorse all on a daily basis from Monday to Friday or applications, with or without other short-term trial calendar so as to ensure recommendation, to OAS-OCA within five speedy trial.” (5) days from receipt thereof. For information and guidance. xxx August 17, 2007. It has been brought to our attention that some applicants for the vacant positions in the lower courts (Sgd.) CHRISTOPHER O. LOCK still submit applications even after the lapse of two Court Administrator (2) months from the expiration of the ten-day period of posting. In order to expedite the processing of appointments, Part V. Sec. 2b of the Amended Revised Administrative Circular No. 50-2001 Establishing the OCA CIRCULAR NO. 85-2007 Merit Selection and Promotion Plan (MSPP) for the TO: ALL JUDGES AND LOWER COURT Lower Courts as stated above shall be strictly PERSONNEL implemented. SUBJECT: STRICT IMPLEMENTATION OF PART Henceforth, all applications received by the V ITEM 2b OF THE AMENDED Executive Judge/Presiding Judge for those filed in the REVISED ADMINISTRATIVE lower courts and by the Office of Administrative CIRCULAR NO. 50-2001 Services, Office of the Court Administrator for those ESTABLISHING THE MERIT directly filed in the Supreme Court after the aforesaid SELECTION AND PROMOTION PLAN two-month period shall no longer be entertained. FOR THE LOWER COURTS This Circular shall take effect immediately. For the information and guidance of all concerned, Manila, Philippines. quoted hereunder is Part V. Item 2b of the Amended Revised Administrative Circular No. 50-2001 10 September 2007. Establishing the Merit Selection and Promotion Plan (Sgd.) CHRISTOPHER O. LOCK (MSPP) for the Lower Courts: Court Administrator V. PROCEDURE xxx PHILJA NEWSPRIVATE OR UNAUTHORIZEDPHILJAPHILJA USE BulletinBulletin TO AVOID PAYMENT OF POSTAGE IS PENALIZED BY FINE OR PHILJAPHILJA BulletinBulletin IMPRISONMENT OR BOTH.

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