JANUARY-MARCH 2013 VOLUME XV ISSUE NO. 57 ISSN 2244-5862

From the Chancellor’s Desk Contents From the Chancellor’s Desk ...... 1

2013 began with PHILJA hardly breaking its stride Trainings, Programs and Activities ...... 3 after having had a good run in 2012. Two consecutive Orientation Seminar-Workshops for Newly New Rulings ...... 18 Appointed Judges (the 64th and the 65th) and one Doctrinal Reminders ...... 19 Orientation Seminar for Newly Appointed Clerks of Court (the 25th) opened the year. The JCEP or the Orders Judicial Career Enhancement Program for Judges, one of the PHILJA core programs, was also conducted Administrative Order No. 27-2013 ...... 22 for magistrates in Region IX and in Region III. Circulars Legal Researchers in Regions V and VII likewise had their training via the Career Development OCA Cir. No. 05-2013 – Modification of the Public Program. As it is MCLE Compliance season once again, Prosecutors’ Compliance with the Provisions on the Judicial Affidavit Rule ...... 22 the Academy also mounted, for the benefit of lawyers employed in the judiciary, the Continuing OCA Cir. No. 07-2013 – Timely Submission of Legal Education Program for Court Attorneys in the Certificates of Service of Judges and Daily Time Court of Appeals Mindanao and Visayas stations, as Records (DTRs)/Bundy Cards of Personnel of the well as for those in the Sandiganbayan and the Court Lower Courts ...... 23 of Tax Appeals. OCA Cir. No. 08-2013 – Reiterating Security The Ninth Metrobank Foundation Professorial Protocol for the First and Second Level Courts . . 24 Chair Lecture entitled “Towards a More Forward- OCA Cir. No. 18-2013 – Guidelines in the Looking Insolvency System” was delivered by 2012 Implementation of the Automated Payroll System Chairholder Atty. Francis Ed. Lim, member of our in the Multi-Sala Regional Trial Courts Outside the Commercial Law Department and Senior Co- National Capital Judicial Region and the Municipal Managing Partner of the Angara Abello Concepcion Trial Courts in Cities in All Judicial Regions ...... 25 Regala & Cruz Law Offices (ACCRALAW). OCA Cir. No. 24-2013 – Guidelines on the Use of By way of our Special Focus Programs, the Mobile Broadband Sticks and Official Email . . . . . 27 following activities were held: Capacity Building on Environmental Law and the Rules of Procedure for OCA Cir. No. 40-2013 – Issuance of Mittimus or Commitment Order, Other Documents Needed Environmental Cases for the Court of Appeals in for the Transfer of Insular Prisoners from the Tagbilaran, Bohol; Seminar-Workshop for Judges on Bureau of Jail Management and Penology to the Various Laws Relating to Court Technology (for New Bilibid Prison of the Bureau of Corrections in Regions I and II, III, IV and V); Lecture Fora on the Compliance with OCA Circular No. 4-92-A ...... 28 New Judicial Affidavit Rule for judges, court OCA Cir. No. 41-2013 – Dangerous Drugs Board, personnel, prosecutors, public attorneys and IBP Board Regulation No. 3, Series of 2008 ...... 29 members in the Ilocos Region, Tacloban City, Samar and Leyte, as well as in Misamis Oriental, Baguio- OCA Cir. No. 44-2013 – Amendment of OCA Circular Benguet, La Union, and Pangasinan. No. 74-2010 Guidelines in the Submission of Applications for Appointment in the Lower Courts. . 30

Upcoming PHILJA Events ...... 32 (Next page) 2 JANUARY-MARCH 2013

From the Chancellor’s Desk (Continued from page 1)

In addition, the Academy also conducted the The Academy, thru the Philippine Mediation following: Personal Security Training for Selected Center Office (PMCO), conducted a number of Judges at the PHILJA Training Center in Tagaytay City; activities in support of Alternative Dispute Resolution training on Increasing Judicial Efficiency: Seminar- such as: a Refresher/Advanced Course for Court- Workshop for Judges on the Effective Use of the Annexed Mediators for the Camarines Sur Mediation Benchbook for Philippine Trial Courts (revised and Program; an Orientation Conference with expanded); Seminar-Workshop on Strengthening Stakeholders on Court-Annexed Mediation for the Judicial Integrity and Rule of Law for Executive Judges Bohol Mediation Program, as well as the Orientation and Single Sala Court Judges of Regions X, XI and XII; and Screening of Prospective Mediators and PMC Unit Competency Enhancement Training (CET) for Judges Staff, also in Bohol; and a Judicial Settlement and Court Personnel Handling Cases Involving Conference for Judges on Judicial Dispute Resolution Children; and the roll-out of the Competency in Tagaytay City. Enhancement Training for Judges, Prosecutors, Social We likewise continued taking note of new rulings Workers and Law Enforcement Investigators Handling of the Supreme Court and kept up with the doctrinal Trafficking in Persons Cases (CET-TIP) for Cebu City, in reminders, as well as newly issued Court orders, partnership with the International Justice Mission- resolutions, and circulars in our website. We also took Cebu. note of new OCA circulars. We also partnered with the Philippine Women In closing, I would like to quote the Knight’s Oath Judges Association (PWJA) for the conduct of their from Kingdom of Heaven, a film about Jerusalem 18th National Convention and Seminar in Palo, Leyte, during the Crusades: the theme of which was Kababaihan para sa Katarungan at Kalikasan. Be without fear in the face of your enemies. Be brave and upright that God may love thee. Speak the truth PHILJA also continued to support the Court’s always, even if it leads to your death. Safeguard the Enhanced Justice on Wheels (E-JOW) Program with helpless and do no wrong—that is your oath. the conduct of Information Dissemination through a Dialogue with Barangay officials and Court officials in All the best. Binangonan, Rizal.

ADOLFO S. AZCUNA Chancellor

PHILJA Chancellor Adolfo S. Azcuna, Justice Delilah V. Magtolis, Chief of Office for Academic Affairs, and Court of Appeals Justice Myra G. Fernandez with the participants of the 65th Orientation Seminar-Workshop for Newly Appointed Judges. VOLUME XV ISSUE NO. 57 3

TRAININGS, PROGRAMS AND ACTIVITIES

Lecture–Forum on the New Judicial Affidavit Rule

On September 4, 2012, the Supreme Court En Banc approved the Judicial Affidavit Rule in A.M. No. 12- 8-8-SC which took effect on January 1, 2013. The adoption of the Rule was recommended by the Supreme Court Committee on the Revision of the Rules of Court, headed by Senior Associate Justice Ninth Metrobank Foundation Antonio T. Carpio, and its Subcommittee, headed by Professorial Chair Lecture Associate Justice Roberto A. Abad. The Rule seeks to The Metrobank Foundation Professorial Chair Lecture is fully address case congestion and delays in courts, endowed by the Metrobank Foundation, Inc. to assist PHILJA’s given the volume of cases filed each year and the judicial education programs by providing grants to its Corps of slow and cumbersome trial process. Professors to write and publish treatises with innovative The Philippine Judicial Academy conducted four concepts and approaches in designated areas of law. Since 2004, lecture–forums which aimed to familiarize judges and nine PHILJA Professors have delivered professorial chair lectures stakeholders with the salient features of the new in various fields of law. Rule and to open for discussion possible issues and On January 25, 2013, PHILJA conducted the Ninth concerns in its implementation. It ensures to Metrobank Foundation Professorial Chair Lecture featuring the accomplish the very main objective – the efficient, topic “Toward a More Forward-Looking Insolvency System.” The effective and expeditious disposition of cases. lecture was delivered by Professor Francis Ed. Lim, the 2012 Justice Abad discussed the salient points of the holder of the Metrobank Foundation Professorial Chair in new Rule including: functions of judicial affidavits; Commercial Law. In attendance were 336 participants how and when the affidavits are submitted; language comprising justices of the Supreme Court, Court of Appeals, to be used for the affidavits; contents of the affidavits; Sandiganbayan and Court of Tax Appeals; SC, CA and PHILJA consequence of false attestation; and application of officials and personnel; selected judges of the NCJR; and other the rule to criminal actions. An open forum capping guests. each activity gave the participants opportunity to In his opening remarks, Justice Arturo D. Brion mentioned raise questions on the new Rule. that the Financial Rehabilitation and Insolvency Act (FRIA) of Below is a summary of participants comprising 2010 (RA No. 10142) is “an innovation as it redefined court- judges, clerks of court, prosecutors, PAO lawyers, supervised and pre-negotiated rehabilitation; introduced out- and IBP members who attended the lecture–forums: of-court rehabilitation; and has incorporated into our legal system the Model Law on Cross-Border Insolvency of the United Date of Venue Area No. of Nations Center for International Trade and Development.” The Lecture-Forum Participants subcommittee that drafted FRIA’s implementing rules, Jan. 18, 2013 Fort Ilocandia Region I 153 composed of Justice Estela M. Perlas-Bernabe, Justice Japar B. Laoag City (49 judges) Dimaampao, Justice Apolinario D. Bruselas, Jr., Judge Reynaldo Jan. 25, 2013 The Oriental Region VIII 208 B. Daway, IPO Director General Ricardo Blancaflor, and Leyte Hotel (44 judges) Professor Lim, is waiting for the completion of responses from Palo, Leyte major stakeholders. The Rules are expected to be approved, March 1, 2013 Mallberry Suites Region X 244 Business Hotel (68 judges) promulgated, and made effective by June of this year. Professor Cagayan de Lim discussed the topics: importance of having an effective Oro City insolvency system; international best practices; Philippine March 8, 2013 Forest Lodge Baguio- 256 Insolvency Law under Republic Act No. 10142; and additional The Manor Benguet (57 judges) Camp John Hay La Union key components for an effective insolvency system. Senator Baguio City Pangasinan Edgardo J. Angara and Atty. Monico V. Jacob, Former Commissioner of the Securities and Exchange Commission, gave their reactions to the lecture. 4 JANUARY-MARCH 2013

17th PHILJA Founding Anniversary The Model Employees were: Supervisory Level — Atty. Eric Voltaire A. Pablo, Programming and Monitoring Division, Academic Affairs Office; and Non-Supervisory Level — Mr. th The Philippine Judicial Academy commemorated its 17 Joel F. Balatucan, Corporate Planning Division, Administrative Founding Anniversary with a sportsfest held at the PHILJA Office. Training Center (PTC) in Tagaytay City on March 12, 2013. The Chancellor’s Award was granted to Atty. Ronald M. The sportsfest, with the theme “In Pursuit of Fitness Garcia of the Vice Chancellor’s Office. and Wellness,”kicked off with a parade of colors by the representatives of the different teams and lighting of the torch by Ms. Bea Azcuna. PHILJA Chancellor Adolfo S. Azcuna delivered the Welcome Remarks and administered the Oath of Sportsmanship to the athletes. After the teams’ cheering performances, the basketball, badminton, billiards, and table tennis games were held simultaneously. The activity culminated with a recognition program for the personnel at the PTC auditorium. The Loyalty Awardees (10 years) were: Reynaldo A. Daclan, Philippine Mediation Center Office (PMCO); Cloyd D. Garra, PMCO; Eduardo M. Irigayen, Jr., PMCO; Armando A. Marinduque, PHILJA Training Center Office (PTCO); Ciriaco M. Martos, PTCO; Ma. Christina M. Molo- Recio, Administrative Office; and Vilma L. Velchez, PTCO.

Chancellor Azcuna (center) tosses the ball between Joselito Quines (Red team) (left) and Dean Sedfrey M. Candelaria (Blue team) (right). VOLUME XV ISSUE NO. 57 5 6 JANUARY-MARCH 2013

office until he shall have successfully completed all Roll-out of the Competency necessary steps, through the appropriate adversarial proceedings in court, to show that he is a natural-born Enhancement Training for Judges, Filipino citizen and correct the records of his birth and Prosecutors, Social Workers citizenship.” and Law Enforcement Investigators · Special Proceedings No. 11767-SJ Handling Trafficking Justice Ong filed a petition with RTC Br. 264 Pasig in Persons Cases City, docketed as S.P. No. 11767-SJ entitled In Re: Amendment/Correction/Supplementation or PHILJA conducted a roll-out of the Competency Annotation of an Entry in the Certificate of Birth Enhancement Training for Judges, Prosecutors, Social of Gregory Santos Ong – Gregory Santos Ong, Workers and Law Enforcement Investigators Handling Petitioner v. The Civil Registrar of San Juan, Metro Trafficking in Persons Cases on March 19–21, 2013. Manila, et. al., Respondents. On October 24, 2007, This is the first competency enhancement training held the Court granted Justice Ong’s petition and for such stakeholders. recognized him as a natural-born citizen of the The lectures covered topics such as Overview of Philippines. Trafficking in Persons (TIP); Dynamics of Victimization/ G.R. No. 179895 The Profile of a Trafficked Victim; Salient Features of · RA No. 9208 and RA No. 10364; How to Interview TIP In September 2007, Ferdinand Topacio sought to Victims; Psychosocial Trauma of Trafficking Victims; prevent Justice Ong from further exercising the How to Investigate a Case of Trafficking; Special Orders powers, duties, and responsibilities of an Associate and Warrants; and Putting It All Together: Prosecuting Justice of the Sandiganbayan because of his a TIP Case. The viewing of the module videos, and the Chinese citizenship (Topacio v. Ong). The Court participation in the workshops and practicums dismissed Topacio’s petition for being an improper complemented the participants’ learnings on the collateral attack on a public officer’s title and it lectures. held that it could not, “upon the authority of the present petition, determine said question on the Forty-nine participants, composed of judges, citizenship of Justice Ong without encroaching on prosecutors, court social workers, police investigators and pre-empting the proceedings emanating from from Cebu, and representatives from the National the RTC case.” Bureau of Investigation and Alternative Law Groups, attended the activity. · G.R. No. 180543 In July 2010, the Court dismissed the petition for certiorari and prohibition filed by Sen. Jovito R. Incumbency Status of Hon. Gregory Ong as Salonga, representing Kilosbayan Foundation and Bantay Katarungan Foundation, assailing the Associate Justice of the Sandiganbayan decision rendered in S.P. No. 11767-SJ and the several orders issued by Presiding Judge Leoncio On March 5, 2013, the Supreme Court issued Court En Banc Janolo, Jr. of the RTC Br. 264, Pasig City. The Court Resolution A.M. No. 07-8-02-SB re: Letter-Query of Special held that Sen. Salonga failed to prove the prejudice Prosecutor Dennis M. Villa-Ignacio on the Incumbency of Presiding Judge Janolo, Jr. with clear and Status of Hon. Gregory S. Ong as Associate Justice of the convincing evidence. Sandiganbayan ruling that Justice Ong shall continue to The pronouncements in both G.R. No. 179895 and G.R. hold office as Member of the Sandiganbayan. The letter- No. 180543 and the finality of the decision rendered by query was sent to the Court in July 2007 from where SP RTC Br. 264 Pasig City on October 24, 2007, in S.P. No. Villa-Ignacio sought guidance on whether Justice Ong could 11767-SJ recognizing Justice Ong as a natural-born citizen continue to sit as a Member of the Sandiganbayan after of the Philippines and directing the correction of the the Court’s promulgation of the decision in G.R. No. 177721 existing records of his birth and citizenship definitively enjoining him “from accepting an appointment to the settled the query of SP Villa-Ignacio. position of Associate Justice of the Supreme Court or assuming the position and discharging the functions of that VOLUME XV ISSUE NO. 57 7

MUNICIPAL TRIAL COURTS Orientation REGION III 64th Orientation Seminar-Workshop for Hon. Rowena R. Chavez Newly Appointed Judges MTC, Paombong, Bulacan Hon. Ma. Arabella G. Eusebio-Rodolfo Date: January 22–31, 2013 MTC, Clark Field, Pampanga Venue: PHILJA Training Center, Tagaytay City Hon. Vicente S. Fernandez, Jr. * Participants: 36 newly appointed and 4 promoted judges, MTC, San Felipe, Zambales namely: REGION IV A. NEW APPOINTMENTS Hon. EImer H. Alea REGIONAL TRIAL COURTS MTC, San Jose, Batangas Hon. Michelle C. Manaig-Calumpong REGION III MTC, San Juan, Batangas Hon. Maximo B. Ancheta, Jr. RTC, Br. 66, Baler, Aurora REGION X Hon. Marifi P. Chua Hon. Rosalie D. Platil RTC, Br. 70, Iba, Zambales MTC, Mainit, Surigao del Norte Hon. Merideth D. Delos Santos-Malig MUNICIPAL CIRCUIT TRIAL COURTS RTC, Br. 51, Guagua, Pampanga Hon. Corazon A. Domingo-Rañola REGION III RTC, Br. 10, Malolos City, Bulacan Hon. Jane T. Yap-Evangelista Hon. Hermenegildo C. Dumlao II 3rd MCTC: Victoria-La Paz, Tarlac RTC, Br. 81, Malolos City, Bulacan Hon. Araceli R. Soñas-Crisostomo Hon. Mirasol O. Dychingco 5th MCTC: Apalit-San Simon, Pampanga RTC, Br. 20, Malolos City, Bulacan REGION IV Hon. Roline M. Ginez-Jabalde Hon. Ronilo A. Beronio RTC, Br. 74, Olongapo City, Zambales 6th MCTC: Roxas-Caganyancillo, Palawan Hon. Mildred V. Hernal RTC, Br. 35, Gapan City, Nueva Ecija REGION VI Hon. Ana Marie C. Joson-Viterbo Hon. Steven P. Cercado th RTC, Br. 24, Cabanatuan City, Nueva Ecija 11 MCTC: Janiuay-Badiangan, Iloilo EGION REGION XI R VIII Hon. Carlos L. Espero II Hon. Angelo M. Raagas th RTC, Br. 9, Davao City 7 MCTC: Guiuan-Mercedes, Eastern Samar Hon. Retrina E. Fuentes REGION X RTC, Br. 10, Davao City Hon. Dante R. Corminal th REGION XII 5 MCTC: Tubod-Alegria, Surigao del Norte Hon. Renato B. Gleyo Hon. Celenito N. Daing th RTC, Br. 19, Isulan, Sultan Kudarat 4 MCTC: Jimenez-Sinacaban, Misamis Occidental Hon. Ali Joseph Ryan C. Lloren MUNICIPAL TRIAL COURTS IN CITIES 5th MCTC: Jasaan-Claveria, Misamis Oriental

REGION III REGION XI Hon. Kelly B. Belino Hon. Alona T. Labtic MTCC, Br. 1, Cabanatuan City, Nueva Ecija 4th MCTC: Lupon-Banay-Banay, Davao Oriental Hon. Esmeralda B. David Hon. Minerva P. Pepino-Estremos MTCC, Br. 4, Olongapo City, Zambales 1st MCTC: Carmen-Sto. Tomas-Braulio E. Dujali, Davao del Norte Hon. Rosalind R. Jungco-Abrigo Hon. Ferdinand R. Villanueva MTCC, Br. 3, Olongapo City, Zambales 1st MCTC: Compostela-New Bataan, Compostela Valley Hon. Zamita T. Mationg MTCC, Science City of Muñoz, Nueva Ecija REGION XII Hon. Gil A. De La Banda REGION IV 1st MCTC: Makilala-Tulunan, North Cotabato Hon. Rean G. Arizala-Joaquin MTCC, Br. 3, San Pablo City, Laguna Hon. Petronila P. Tañas-Arguelles MTCC, Br. 1, Batangas City * Incomplete Attendance 8 JANUARY-MARCH 2013

B. PROMOTIONS MUNICIPAL TRIAL COURTS IN CITIES REGIONAL TRIAL COURTS REGION I REGION II Hon. Maria Celestina M. Cabaguio Hon. Neljoe A. Cortes MTCC, Candon City, IIocos Sur RTC, Br. 6, Aparri, Cagayan REGION IV REGION IV Hon. Maria Christine Isabel Z. Falguera-Guerrero Hon. Manolito Y. Gumarang MTCC, Br. 2, San Pablo City, Laguna RTC, Br. 17, Cavite City Hon. Mederlyn P. Mangalindan REGION X MTCC, Br. 1, Cavite City Hon. Richard D. Mordeno Hon. Barry Boy A. Salvador RTC, Br. 22, Cagayan de Oro City MTCC, Br. 1, Antipolo City Hon. Vincent Filomeno B. Rosales Hon. Evangeline C. Santos RTC, Br. 23, Cagayan de Oro City MTCC, Br. 2, Antipolo City

MUNICIPAL TRIAL COURTS 65th Orientation Seminar-Workshop for Newly Appointed Judges REGION I Hon. Rachelle B. Asuncion-Palen Date: March 5–14, 2013 MTC, Bolinao, Pangasinan Venue: PHILJA Training Center, Tagaytay City Hon. Bonhoefer V. Bernardez Participants: 37 newly appointed and 3 promoted judges, MTC, Bantay, IIocos Sur namely: Hon. Jesse P. Cabrillos A. NEW APPOINTMENTS MTC, Balaoan, La Union Hon. Rhea S. Gallevo REGIONAL TRIAL COURTS MTC, Agoo, La Union REGION I REGION II Hon. Romeo U. Habbiling Hon. Herson S. Valmores RTC, Lagawe, Ifugao MTC, Kasibu, Nueva Vizcaya Hon. Emmanuel C. Rasing RTC, Br. 3, Baguio City REGION IV Hon. Eric S. Fortaleza REGION II MTC, Sta. Cruz, Laguna Hon. Cicero B. Jandoc Hon. Katherine C. Jambaro-Altubar RTC, Br. 29, Bayombong, Nueva Vizcaya MTC, Angono, Rizal REGION IV Hon. Lily D. Labarda Hon. Leah D.R. Baguyo MTC, Kawit, Cavite RTC, Br. 48, Puerto Princesa City, Palawan Hon. George Andy B. Pantanosas Hon. Beatrice A. Caunan-Medina MTC, Br. 2, Binangonan, Rizal RTC, Br. 75, San Mateo, Rizal REGION V Hon. Ambrosio B. De Luna Hon. Rene M. Dela Cruz RTC, Br. 51 , Puerto Princesa City, Palawan MTC, Daet, Camarines Sur Hon. Napoleon E. Matienzo Hon. Maria Christine A. Imperial-Bernarte RTC, Br. 62, Gumaca, Quezon MTC, Calabanga, Camarines Sur Hon. Lily Ann M. Padaen Hon. Maria Kristina C. Malanyaon RTC, Br. 68, Binangonan, Rizal MTC, Buhi, Camarines Sur Hon. Emmanuel R. Recalde Hon. Maria Gracia P. Valenciano RTC, Br. 38, Boac, Marinduque MTC, Pili, Camarines Sur Hon. Luvina P. Roque Hon. Salvador C. Villarosa, Jr. RTC, Br. 29, San Pablo City, Laguna MTC, Labo, Camarines Sur REGION V MUNICIPAL CIRCUIT TRIAL COURTS Hon. Ignacio C. Barcillano, Jr. RTC, Br. 13, Ligao, Albay REGION I Hon. Pedro M. Redoña Hon. Redan A. Acal RTC, Br. 83, Calabanga, Camarines Sur 10th MCTC: Cervantes-Quirino, IIocos Sur VOLUME XV ISSUE NO. 57 9

Hon. Modesto D. Bahul, Jr. Atty. Maribel M. Fernandez 2nd MCTC: Lamut-Kiangan-Tinoc-Asipulo, Ifugao RTC, Br. 270, Valenzuela City Hon. Gerely C. Rico Atty. Rosette Moreno Hernandez 4th MCTC: San Fabian-San Jacinto, Pangasinan RTC, Br. 6, Manila Atty. Gilbert Ilagan Isabedra REGION II RTC, Br. 263, Marikina City Hon. Heherson A. Casareno Atty. Maria Carla C. Laynes 15th MCTC: Jones-San Agustin, Isabela RTC, Br. 202, Las Piñas City Hon. Nerissa E. Leal-Rasing Atty. Michelle Karla C. Manese 2nd MCTC: Dupax del Norte-Dupax del Sur- Alfonso RTC, Br. 225, Quezon City Castañeda, Nueva Vizcaya Atty. Francisco Sandino Atienza Marco REGION X RTC, Br. 4, Manila Hon. Melinda B. Mantilla Atty. Charlene Mae See Migriño 4th MCTC: Claver-Gigaquit, Surigao del Norte RTC, Br. 222, Quezon City Atty. Renato Victoria Peralta B. PROMOTIONS RTC, OCC, Las Piñas City Atty. Pamela Elaine B. Quinay REGIONAL TRIAL COURTS RTC, Br. 165, Marikina City REGION I Atty. Ronaldo Genuino Rodriguez Hon. Maria Laarni R. Parayno RTC, Br. 13, Manila RTC, Br. 68, Lingayen, Pangasinan Atty. Stephen Ivan Matibag Salinas Hon. Mervin Jovito S. Samadan RTC, Br. 102, Quezon City RTC, Br. 40, Dagupan City, Pangasinan Atty. Maria Cecilia Gertrudes R. Salvador REGION II RTC, Br. 93, Quezon City Hon. Cresencio I. Maliwat Atty. Phillip Charles Garcia Santos RTC, Br. 21, Santiago City, Isabela RTC, Br. 18, Manila Atty. Kelly Adarlo Sarmiento 25th Orientation Seminar-Workshop for RTC, Br. 258, Parañaque City Newly Appointed Clerks of Court Atty. Roderick Borlagdan Tagnia RTC, Br. 204, Muntinlupa City Date: March 19–22, 2013 Atty. Jennie A. Trinidad Venue: PHILJA Training Center, Tagaytay City RTC, Br. 75 Valenzuela City Participants: 80 newly appointed clerks of court, namely: Atty. Maria Cielo S. Vidal REGIONAL TRIAL COURTS RTC, Br. 192, Marikina City Atty. Ferdinand Yarra Vista NATIONAL CAPITAL JUDICIAL REGION RTC, Br. 38, Manila Atty. Rio Nila Licudine Abiang RTC, OCC, Valenzuela City REGION I Atty. Evelyn Tolbe Agravante-Avila Atty. Leila R. Jose RTC, Br. 41, Manila RTC, Br. 42, Dagupan City Atty. Rizza Abella Aquino Atty. Maribel B. Macario RTC, Br. 98, Quezon City RTC, Br. 8, La Trinidad, Benguet Atty. Jasmin Samonte Cabansag Atty. Reden Balmores Pulmano RTC, Br. 21, Manila RTC, Br. 70, Burgos, Pangasinan Atty. Joan Kathlyn Calingasan Caguete Atty. Lilybeth Tactay Sindayen-Libiran RTC, Br. 194, Parañaque City RTC, Br. 62, La Trinidad, Benguet Atty. Cynthia Celestino Corpuz REGION II RTC, Br. 172, Valenzuela City Atty. Jerome Butic Bantiyan Atty. Vida Adviento Cortez RTC, Br. 34, Banaue, Ifugao RTC, Br. 209, Mandaluyong City Atty. Bernard Dominia Paat Atty. Mary Joyce Cruz Diño-Santos RTC, Br. 16, Ilagan, Isabela RTC, Br. 10, Manila Atty. Joycee Requimin Sabben Atty. Reigi Pura Estillero RTC, Br. 7, Aparri, Cagayan RTC, Br. 261, Pasig City Atty. Marc John Sta. Ana Estrellado REGION III RTC, Br. 157, Pasig City Atty. Maricez Joson Ablola-Labang RTC, Br. 1, Balanga, Bataan 10 JANUARY-MARCH 2013

Atty. Lady Jane Galindez Batisan Atty. Marneolin L. Estebal-Bagaporo RTC, Br. 40, Palayan City, Nueva Ecija MeTC, Br. 91, Parañaque City Atty. Paolo Miguel Tumada Borja Atty. Helen M. Evangelista RTC, OCC, Gapan City, Nueva Ecija MeTC, Br. 82, Valenzuela City Atty. Leah Abello De Guzman Atty. Glen Galopa Evasco RTC, Br. 30, Cabanatuan City, Nueva Ecija MeTC, Br. 93, Marikina City Atty. Marianette Aquino Galang Atty. Maria Theresa Cainglet Gonzales RTC, Br. 29, Cabanatuan City, Nueva Ecija MeTC, Br. 53, Caloocan City Atty. Joanna Patrice David Gomez Atty. Rommel Fragante Liban RTC, Br. 49, Guagua, Pampanga MeTC, Br. 95, Marikina City Atty. Roehl Gonzalez Joson Atty. Rolando Alog Panaligan RTC, Br. 77, Malolos City, Bulacan MeTC, Br. 94, Marikina City Atty. Edmond Baluyot Lorenzo Atty. Ligaya V. Reyes RTC, Br. 83, Malolos City, Bulacan MeTC, Br. 90, Parañaque City Atty. Louise Batenga Madriaga MUNICIPAL TRIAL COURTS IN CITIES RTC, Br. 89, Sto. Domingo, Nueva Ecija Atty. Jerome A. Matas REGION I RTC, Br. 6, Malolos City, Bulacan Mr. Andres M. Fernandez Atty. Ryan Scott Fiesta Robiños MTCC, Dagupan City, Pangasinan RTC, Br. 63, Tarlac City, Tarlac MUNICIPAL TRIAL COURTS Atty. Janette Sanqui Santiago RTC, Br. 25, Cabanatuan City, Nueva Ecija Ms. Bernadith Dequito Del Fierro Atty. Arlynne T. Saludez-Esteban MTC, Pagbilao, Quezon RTC, OCC, Tuguegarao City, Cagayan Ms. Susan Tuazon Gapasin MTC, Alicia, Isabela REGION IV Ms. Sonia Comia Lapatha Atty. Hazel Valiente Abagat MTC, Dolores, Eastern Samar RTC, Br. 61, Gumaca, Quezon Mr. Emmanuel Garcia Santiago Atty. Beethoven M. Alban MTC, San Leonardo, Nueva Ecija RTC, Br. 81, Romblon, Romblon Atty. Maria Theresa Obeña Avila REGION I RTC, Br. 53, Lucena City, Quezon Mr. Paul Anthony Kibatay Adais Atty. Imee B. Baurile-Malabanan MTC, Itogon, Benguet RTC, Br. 18, Tagaytay City, Cavite Ms. Eloisa Liberty Rosete Nebre Atty. Marizon Cenidoza Catameo MTC, Agno, Pangasinan RTC, Br. 95, Antipolo City, Rizal REGION III Atty. Fridah Lara M. De Leon Mr. Lynyrd Andres Medina RTC, Br. 86, Taal, Batangas MTC, Clarkfield, Pampanga Atty. Juan Clarete Manalo Ms. Nelda Garcia Tolentino RTC, Br. 4, Batangas City, Batangas MTC, Guagua, Pampanga Atty. Julius Cabarles Mila RTC, Br. 98, Antipolo City, Rizal MUNICIPAL CIRCUIT TRIAL COURTS Atty. Norberto Mediante Mingao, Jr. REGION I RTC, OCC, Antipolo City, Rizal Ms. Ma. Gemma Radoc Dela Rosa Atty. Joycee Mendoza Pabellano 2nd MCTC: Labrador-Sual, Pangasinan RTC, Br. 56, Lucena City, Quezon Ms. Frances Cayetano Guerero Atty. Regulus Recio Rocafort 8th MCTC: Paoay-Currimao, Ilocos Norte RTC, Br. 85, Lipa City, Batangas

METROPOLITAN TRIAL COURTS Continuing Legal Education Atty. Elmer D. Cabrera MeTC, Br. 81, Valenzuela City Continuing Legal Education for Court Attorneys Atty. Cheryll S. De Mesa MeTC, Br. 88, Parañaque City Date: February 6–7, 2013 Atty. Rosario C. Del Rosario-Jusay Venue: Pryce Plaza Hotel, Cagayan de Oro City MeTC, Br. 92, Marikina City Participants: 39 CA (Mindanao Station) lawyers VOLUME XV ISSUE NO. 57 11

Date: February 13–14, 2013 19. Nicolas B. Medenilla II Venue: Radisson Blu Hotel, Cebu City 20. Gilbert U. Medrano Participants: 48 CA (Visayas Station) lawyers 21. Miguel L. Mergal Date: February 27–28, 2013 22. Norbert Bong S. Obedoza Venue: PHILJA Training Center, Tagaytay City 23. Sinforoso N. Ordiz, Jr. Participants: 64 SB and CTA lawyers 24. Rigor R. Pascual 25. Doris A. Rabang-Briones Career Development Program (CDP) 26. Sheila R. Rafanan 27. Geraldine B. Ramos CDP for Court Legal Researchers 28. Ronces Anne S. Reyes-De Leon 29. Lean Rico-Obal Date: February 20–21, 2013 30. Corazon L. Rodriguez-Bondoc Venue: Avenue Plaza Hotel, Naga City 31. Bernard D. Rosario Participants: 63 court legal researchers of Region V 32. Russell D. Sabado Date: March 20–21, 2013 33. Alexander A. Tordilla Venue: Montebello Villa Hotel, Cebu City 34. Buenagracia D. Umali Participants: 60 court legal researchers of Region VII 35. Geronimo I. Ventura III 36. Erika Frances S. Buluran-Monzon (attended on February 13 only) Judicial Career Enhancement Program (JCEP) 29th Pre-Judicature Program JCEP for Judges Date: March 11–22, 2013 Date: February 27–March 1, 2013 Venue: The Bayleaf, Intramuros, Manila Venue: Dakak Park and Beach Resort, Dapitan City Participants: 96 lawyers, namely: Participants: 45 RTC, MTCC, MTC, MCTC, and SHCC judges of Region IX 1. Juanita Lilet D. Abuel 2. Leonard Rey A. Aguinaldo Date: March 13–15, 2013 3. Christine Ann Marie R. Alcazar-Batacan Venue: PHILJA Training Center, Tagaytay City 4. Jezebel L. Almodal-Espinosa Participants: 59 RTC judges of Region III 5. Charisse Gail D. Apatan 6. Marivic C. Arriola Pre-Judicature Program 7. Cherrie G. Balderama 8. Christopher A. Batacan 28th Pre-Judicature Program 9. Vanessa F. Bernardo-Agawin 10. Elizabeth G. Bringas Date: February 4–15, 2013 11. Ma. Theresa C. Bueno Venue: Traders Hotel, Pasay City 12. Isabelo P. Bulos Participants: 36 lawyers, namely: 13. Filipina C. Cabauatan 1. Eileen Eleanor D. Adaza 14. Melody Anne E. Calo-Villar 2. Mylene May G. Adube-Cabuag 15. Edwin B. Carabbacan 3. Don Ace Mariano V. Alagar 16. Nepomuceno Z. Caylao 4. Candice Guada Cresilda C. Almodovar 17. Jenny J. Cera-Bayangos 5. Ivy V. Asetre 18. Arnel P. Cezar 6. Rosa P. Besedillas 19. Denise A. Dacanay-Sagun 7. Leizl L. Calimaran-Soriano 20. Rhodalyne E. Dapul-Artazo 8. Pacito M. Canonoy, Jr. 21. Katherine Faye Darvin-Dizon 9. Larry B. Cabero 22. Sheba V. De la Cruz-Javier 10. Misael Raymundo C. Dinsay 23. Raymond C. De Lemos 11. Marilou M. Dulalas-Pascual 24. Maricar P. Dela Cruz-Buban 12. Gorgonio B. Elarmo, Jr. 25. Joeven D. Dellosa 13. Kerwyn D. Garcia 26. Cresencio Endozo 14. Philger Noel B. Inovejas 27. Irene M. Espina 15. Jeanylene T. Isip-Fukai 28. Jocelyn T. Fabian 16. Jesusa R. Lapuz 29. Maritess E. Fabila-Vizconde 17. Hesiquio R. Mallillin 30. Kristine A. Ferrer 18. Sarah C. Marcos-Martin 31. Pagwadan S. Fonacier 12 JANUARY-MARCH 2013

32. Joyce B. Gaballo-Llacer 89. Leah Angeli Vasquez-Abad 33. Isser Josef V. Gatdula 90. Lissa Belle M. Villanueva 34. Reyes G. Geromo 91. Marlyn C. Willy-Galasa 35. Cyrus B. Goco 92. Anne Marie U. Yao 36. Maria Lina P. Gonzaga 93. Maria Cleza A. Zamora 37. Sherry R. Gonzalvo 94. Randy P. Zarate 38. Linda B. Gumabol 95. Clarence G. Zerrudo 39. Dante Gil D. Gumpal 96. Marizen B. Grutas 40. Ricardo C. Ibarreta, Jr. 41. Grace P. Ignacio Special Lecture 42. Rey P. Inciong 43. Roy P. Inciong Ninth Metrobank Foundation Professorial Chair Lecture 44. Gil Rose C. Inovejas “Toward a More Forward-Looking Insolvency System” 45. Joel J. Jabal 46. Zharone Fritz M. Japzon-Ferreras Date: January 25, 2013 47. Alvin B. Landicho Venue: Court of Appeals Auditorium, Court of Appeals 48. Alma Grace M. Lee-Omengan Participants: 336 comprising SC, CA, SB, and CTA justices, SC, 49. Maria Teresa L. Lee-Rafols CA, and PHILJA officials and personnel, selected judges of 50. Melissa N. Leonardo-Rodriguez the NCJR judges, and other guests 51. Emery Joy M. Ma 52. Emma D. Madronio 53. Maricel M. Magpantay-Ng Special Focus Programs 54. Lita T. Maligaya 55. Grandis Rem T. Manalabe Capacity Building on Environmental Laws and the Rules of 56. Remedios P. Marcos Procedure for Environmental Cases for the Court of Appeals 57. Marilyn M. Martin 58. Mischelle Maulion-Jocson Date: January 9–11, 2013 59. Arnaldo C. Mendieta Venue: Flushing Meadows Resort, Panglao, Bohol 60. Kristine Joy M. Meñez-Macalalad Participants: 22 CA-Cebu justices 61. Camilo A. Oliva 62. Jennifer Cabanban Ong Seminar-Workshop for Judges on Various Laws Relating 63. Rima B. Orbon-Ortega to Court Technology 64. Angelina M. Orendain Date: January 16–17, 2013 65. Dennis Galahad C. Orendain Venue: Fort Ilocandia Resort Hotel, Laoag City, Ilocos Norte 66. Alejandra P. Paningbatan Participants: 34 RTC judges of Regions I and II 67. Edmar D. Pascua 68. Alexander L. Paulino Date: February 19–20, 2013 69. Valerie Love V. Pelayo-Ilagan Venue: Pan Pacific Hotel, Manila 70. Maria Fatima P. Pepinas-Neri Participants: 38 RTC judges of Regions III and IV 71. Donna Michelle I. Pinlac-Reyes Date: March 19–20, 2013 72. Marietta M. Ramirez Venue: Hotel Venezia, Legaspi City 73. Maybelle C. Ramos-Tolentino Participants: 35 RTC judges of Region V 74. Francis B. Reyes 75. Purissa M. Reyes Lecture–Forum on the New Judicial Affidavit Rule 76. Marietta M. Rodriguez 77. Ariel N. Ruiz Date: January 18, 2013 78. Jeanne Marie A. Sabio Venue: Fort Ilocandia Resort Hotel, Laoag City, Ilocos Norte 79. Annalyn O. Salvatierra-Rodrigazo Participants: 153 comprising selected RTC, MTCC, MTC, 80. Thyrone Z. Sanchez and MCTC judges, clerks of court, prosecutors, IBP 81. Henry C. Santos members and PAO lawyers, and law student of Ilocos Norte 82. Isabelito E. Sicat and Ilocos Sur 83. Ivalene E. Sigua Date: January 25, 2013 84. Aura Clarissa B. Tabag-Querubin Venue: The Oriental Hotel Leyte, Palo, Leyte 85. Shirley M. Tagao-Gumiran Participants: 208 selected RTC, MTCC, MTC, and MCTC 86. Glenda G. Togonon judges, clerks of court, prosecutors, IBP (Samar and Leyte 87. Ma. Lisa L. Tolentino Chapters) members, and PAO lawyers of Tacloban City, 88. Jewelyne Jovette B. Valenton-Carreon Samar, and Leyte VOLUME XV ISSUE NO. 57 13

Date: March 1, 2013 For Judges, Prosecutors, Social Workers and Law Venue: Mallberry Suites Business Hotel, Cagayan de Oro City Enforcement Investigators Handling Trafficking in Participants: 250 selected RTC, SDC, MTCC, MTC, and Persons Cases MCTC judges of Region X, clerks of court, prosecutors, IBP Date: March 19–21, 2013 (Misamis Oriental and Bukidnon Chapters) members and Venue: Harolds Hotel, Cebu City PAO lawyers of Misamis Oriental Participants: 49 RTC judges, prosecutors, social workers, Date: March 8, 2013 and representatives from PNP, NBI and ALG Venue: Forest Lodge, Camp John Hay, Baguio City Participants: 256 selected RTC, MTCC, MTC, and MCTC judges, clerks of court, prosecutors, IBP members and PAO Convention-Seminar lawyers of Baguio, Benguet, La Union, and Pangasinan 18th National Convention and Seminar of the Philippine Increasing Judicial Efficiency: Seminar-Workshop for Women Judges Association (PWJA) Judges on the Effective Use of the Benchbook for Philippine Trial Courts (Revised and Expanded) Theme: “Kababaihan para sa Katarungan at Kalikasan” Date: March 6–8, 2013 Date: January 31, 2013 Venue: The Oriental Hotel Leyte, Palo, Leyte Venue: Harolds Hotel, Cebu City Participants: 290 women judges Participants: 54 RTC, MTCC, MTC and MCTC judges of Regions VII and VIII (Batch 2) On ADR/Mediation/JDR Date: February 12, 2013 Venue: Fort Ilocandia Hotel, Laoag City Refresher/Advanced Course for Court-Annexed Mediators Participants: 52 RTC, MTCC, MTC and MCTC judges of (Camarines Sur Mediation Program) Regions I and II (Batch 2) Date: January 30–31, 2013 Date: March 14, 2013 Venue: Villa Caceres Hotel, Naga City Venue: L’ Fisher Hotel, Bacolod City Participants: 10 mediators Participants: 47 RTC, MTCC, MTC and MCTC judges of Region VI (Batch 2) Orientation Conference with Stakeholders on Court- Annexed Mediation (Bohol Mediation Program) Personal Security Training for Judges Date: February 21, 2013 Date: February 13–15, 2013 Venue: Bohol Tropics Resort, Tagbilaran City, Bohol Venue: PHILJA Training Center, Tagaytay City Participants: 92 RTC, MTC, and MCTC judges, clerks of court, Participants: 46 RTC and MCTC judges and stakeholders from the IBP, National Prosecution Service, PAO, LGUs, business, academe, media and NGOs Information Dissemination Through A Dialogue Between Barangay Officials and Court Officials Orientation and Screening of Prospective Mediators and Date: February 14, 2013 PMC Unit Staff (Bohol Mediation Program) Venue: Casimiro A. Ynares, Sr. Gym, Binangonan, Rizal Date: March 6–7, 2013 Participants: 275 barangay officials of the Province of Rizal Venue: Hall of Justice, Carmen Bohol and Hall of Justice, Talibon, Bohol Seminar-Workshop on Strengthening Judicial Integrity and Participants: 48 mediators and staff applicants Rule of Law for Executive Judges and Single Sala Court Judges of Regions X, XI, and XII Faculty Workshop for the Judicial Settlement Conference Date: February 27–28, 2013 for Judges on Judicial Dispute Resolution (Skills-Based Venue: Mallberry Suites Business Hotel, Cagayan de Oro City Course) Participants: 35 RTC judges Date: March 19, 2013 Venue: PHILJA Training Center, Tagaytay City Competency Enhancement Training (CET) Participants: 17 lecturers and facilitators For Judges and Court Personnel Handling Cases Involving Children Judicial Settlement Conference for Judges on Judicial Dispute Resolution (Skills-Based Course) Date: March 5–7, 2013 Venue: The Bayleaf, Intramuros, Manila Date: March 20–22, 2013 Participants: 36 RTC judges, clerks of court, court Venue: PHILJA Training Center, Tagaytay City interpreters, prosecutors, and PAO lawyers Participants: 59 RTC, MeTC, MTCC, MTC, and MCTC judges 14 JANUARY-MARCH 2013

PHILJA Chief of Academic Affairs Office Justice Delilah V. Magtolis (seated far left) and PHILJA Professor Justice Oswaldo D. Agcaoili (seated far right) with participants of the Capacity Building on Environmental Laws and the Rules of Procedure for Environmental Cases for the Court of Appeals held on January 9–11, 2013, at the Flushing Meadows Resort, Panglao, Bohol.

Participants of the Judicial Career Enhancement Program for Regional Trial Court Judges of Region III held on March 13–15, 2013, at the PHILJA Training Center, Tagaytay City.

CA Jose Midas P. Marquez (seated center, second row) with the participants of the Personal Security Training for Judges held on March 13–15, 2013, at the PHILJA Training Center, Tagaytay City. VOLUME XV ISSUE NO. 57 15

Justice Edilberto G. Sandoval (ret.) and Justice Rodolfo G. Palattao (ret.) (seated) with participants of the Career Development Program for Court Legal Researchers held on March 20–21, 2013, at the Montebello Villa Hotel, Cebu City.

Judge Divina Luz P. Aquino-Simbulan (seated, center) with participants of the Refresher/Advanced Course for Court-Annexed Mediators (Camarines Sur Mediation Program) held on January 30–31, 2013, at the Villa Caceres Hotel, Naga City.

8_ejow binangonan

Justice Oswaldo D. Agcaoili lectures during the Information Dissemination Through a Dialogue Between Barangay and Court Officials held on February 14, 2013, at the Casimiro A. Ynares, Sr. Gym, Binangonan, Rizal. 16 JANUARY-MARCH 2013

Associations of Judges and Court Personnel

Philippine Women Judges Association (PWJA) Officers and Directors Directory 2013–2015

Justice Teresita J. Leonardo-De Castro, President Judge Precious Lovely Olivia A. Sales-Jao, Region II Justice Remedios A. Salazar-Fernando, Executive Vice President Judge Josefina D. Farrales, Region III – District 1 Justice Amelia C. Manalastas, Vice President – Appellate Courts Judge Sita J. Clemente, Region III – District 2 Judge Ma. Theresa M. Arcega, Vice President – RTC Judge Amy Melba S. Belulia, Region IV – District 1 Judge Maria Zoraida S. Zabat-Tuazon, Vice President – MeTC/MTCC Judge Lorelle Moana R. Hitosis, Region IV – District 2 Judge Myla M. Villavicencio-Olan, Vice President – MTC/MCTC Judge Cecilia R. Borja-Soler, Region V Judge Tita P. Villordon, Secretary Judge Alicia Cruz Barrios, Region VI Judge Ma. Bernardita J. Santos, Treasurer Judge Ester M. Veloso, Region VII Judge Sylva G. Aguirre-Paderanga, Auditor Judge Evelyn P. Riños-Lesigues, Region VIII Judge Josefina E. Siscar, Public Relations Officer Judge Deborah P. Garcia-Nazario, Region IX Judge Rosalyn M. Loja, NCR – District 1 Judge Evelyn G. Nery, Region X Judge Perpetua Atal-Paño, NCR – District 2 Judge Loida S. Posadas-Kahulugan, Region XI Judge Emma M. Torio, Region I Judge Lily Lydia A. Laquindanum, Region XII VOLUME XV ISSUE NO. 57 17

JUDICIAL MOVES

Hon. EDWARD B. CONTRERAS Justice Del Rosario obtained his law degree from Associate Justice the University of the Philippines College of Law in 1981. Court of Appeals He earned his AB Economics degree from the University appointed on March 1, 2013 of Santo Tomas. In 1998 and 2000, he attended the Harvard Law School Program of Instruction for lawyers. After a brief stint with the Bureau of Internal Revenue as Technical Assistant to the Planning and Policy Before the signing of President Aquino on March 1, 2013 Service Chief, Justice Del Rosario joined the Office of the of the appointment of Hon. Edward B. Contreras as Solicitor General (OSG) in 1983, starting as a Trial Associate Justice of the Court of Appeals, he was Attorney I until his appointment as Assistant Solicitor Executive Judge of the RTC in Roxas City and presided General in 1994. He headed the OSG team representing over Branch 17, therein. He rose from being presiding the Anti-Money Laundering Council (AMLC) since its judge of the Municipal Circuit Trial Court and Municipal creation in 2001. He was speaker or participant in various Trial Court in Cities up to his appointment as Executive fora, both here and abroad, particularly on the role of Judge of the Regional Trial Court. As trial judge, Justice the OSG in the litigation of anti-money laundering Contreras was cited in the PHILJA Bulletin, April–June matters. He also served as the Executive Director of the 2003 issue, for rendering 22 full-length decisions on long– special committee on Naturalization at the OSG. pending cases within the first 20 days of his assumption to duty. In 2005, he was nominated for Judicial Excellence as Outstanding RTC Judge by the Office of the Court Administrator. He had also served for 29 years in local government units and in the judiciary, including a brief stint as Hon. JENNY LIND R. confidential attorney to Supreme Court Justice Josue N. ALDECOA-DELORINO Bellosillo from whom he received rigid training in research Deputy Court Administrator and decision writing. Office of the Court Administrator In his student days, he was a prolific writer, an editor appointed on January 10, 2013 in chief of his school’s publication, a student leader, and chairman of the student council.

DCA Delorino hails from Dumaguete City, Negros Oriental. A consistent academic scholar, at Silliman University, she earned her Bachelors Degrees in Arts, major in Political Science (magna cum laude), and Bachelor of Laws (cum laude). At the same time, she Hon. ROMAN G. DEL ROSARIO honed her vocal performance skills in the School of Music Presiding Justice Court of Tax Appeals and Fine Arts. appointed on March 13, 2013 In 2002, she was appointed as Presiding Judge of Branch 37, RTC, Dumaguete City, and, in 2005, she was transferred to Branch 137, RTC, Makati City, where she also served as a Vice Executive Judge. In a span of eight years, she presided over a court of general jurisdiction, Hon. Roman G. Del Rosario was appointed by President as well as those specially designated to handle cases of Benigno S. Aquino III on March 13, 2013, as Presiding heinous crimes, Family Court cases, and Commercial Court Justice of the Court of Tax Appeals. cases. 18 JANUARY-MARCH 2013

We agree with the CA that the legislature clearly intended to shorten the period of redemption for juridical persons whose properties were foreclosed and sold in accordance with the provisions of Act No. 3135. The difference in the treatment of juridical persons Civil Law and natural persons was based on the nature of the properties foreclosed – whether these are used as Section 47 of RA No. 8791 is constitutional. residence, for which the more liberal one-year redemption period is retained; or used for industrial or commercial Petitioner’s contention that Section 47 of RA No. 8791 purposes, in which case a shorter term is deemed necessary violates the constitutional proscription against impairment to reduce the period of uncertainty in the ownership of of the obligation of contract has no basis. property and enable mortgagee-banks to dispose sooner The purpose of the non-impairment clause of the of these acquired assets. It must be underscored that the Constitution is to safeguard the integrity of contracts General Banking Law of 2000, crafted in the aftermath of against unwarranted interference by the State. As a rule, the 1997 Southeast Asian financial crisis, sought to reform contracts should not be tampered with by subsequent laws the General Banking Act of 1949 by fashioning a legal that would change or modify the rights and obligations of framework for maintaining a safe and sound banking the parties. Impairment is anything that diminishes the system. In this context, the amendment introduced by efficacy of the contract. There is an impairment if a Section 47 embodied one of such safe and sound practices subsequent law changes the terms of a contract between aimed at ensuring the solvency and liquidity of our banks. It the parties, imposes new conditions, dispenses with those cannot therefore be disputed that the said provision agreed upon or withdraws remedies for the enforcement amending the redemption period in Act No. 3135 was based of the rights of the parties. on a reasonable classification and germane to the purpose Section 47 did not divest juridical persons of the right of the law. to redeem their foreclosed properties but only modified This legitimate public interest pursued by the legislature the time for the exercise of such right by reducing the one- further enfeebles petitioner’s impairment of contract year period originally provided in Act No. 3135. The new theory. redemption period commences from the date of foreclosure The right of redemption being statutory, it must be sale, and expires upon registration of the certificate of sale exercised in the manner prescribed by the statute, and or three months after foreclosure, whichever is earlier. within the prescribed time limit, to make it effective. There is likewise no retroactive application of the new Furthermore, as with other individual rights to contract redemption period because Section 47 exempts from its and to property, it has to give way to police power exercised operation those properties foreclosed prior to its effectivity for public welfare. The concept of police power is well- and whose owners shall retain their redemption rights established in this jurisdiction. It has been defined as the under Act No. 3135. “state authority to enact legislation that may interfere with Petitioner’s claim that Section 47 infringes the equal personal liberty or property in order to promote the general protection clause as it discriminates mortgagors/property welfare.” Its scope, ever-expanding to meet the exigencies owners who are juridical persons is equally bereft of merit. of the times, even to anticipate the future where it could The equal protection clause is directed principally be done, provides enough room for an efficient and flexible against undue favor and individual or class privilege. It is response to conditions and circumstances thus assuming not intended to prohibit legislation which is limited to the the greatest benefits. object to which it is directed or by the territory in which it The freedom to contract is not absolute; all contracts is to operate. It does not require absolute equality, but and all rights are subject to the police power of the State merely that all persons be treated alike under like conditions and not only may regulations which affect them be both as to privileges conferred and liabilities imposed. Equal established by the State, but all such regulations must be protection permits of reasonable classification. We have subject to change from time to time, as the general well- ruled that one class may be treated differently from another being of the community may require, or as the where the groupings are based on reasonable and real circumstances may change, or as experience may distinctions. If classification is germane to the purpose of demonstrate the necessity. Settled is the rule that the non- the law, concerns all members of the class, and applies equally to present and future conditions, the classification does not violate the equal protection guarantee. (Continued on page 31) VOLUME XV ISSUE NO. 57 19

[I]n spite of the defective service of summons, the defendant opted to file the instant Answer with Counterclaim with Leave of Court, upon inquiring from the office of the clerk of court of this Honorable Court and due to its notice of hearing on March 29, 2005, application for TRO/Preliminary Mandatory Remedial Law Injunction was received on March 26, 2006. (emphasis supplied)

Jurisdiction over the person of defendant; how Furthermore, the Answer with Counterclaim filed by Hertz never raised the defense of improper service of acquired. summons. The defenses that it pleaded were limited to litis In civil cases, jurisdiction over the person of the defendant pendentia, pari delicto, performance of its obligations and may be acquired either by service of summons or by the lack of cause of action. Finally, it even asserted its own defendant’s voluntary appearance in court and submission counterclaim against Optima. to its authority. Measured against the standards in Philippine In this case, the MeTC acquired jurisdiction over the Commercial International Bank, these actions lead to no person of respondent Hertz by reason of the latter’s other conclusion than that Hertz voluntarily appeared voluntary appearance in court. before the court a quo. In Philippine Commercial International Bank v. Spouses We therefore rule that, by virtue of the voluntary Dy, we had occasion to state: appearance of respondent Hertz before the MeTC, the trial court acquired jurisdiction over respondent’s. Preliminarily, jurisdiction over the defendant in a civil case is acquired either by the coercive power Sereno, CJ, Optima Realty Corporation v. Hertz Phil. Exclusive Cars, of legal processes exerted over his person, or his Inc., G.R. No. 183035, January 9, 2013. voluntary appearance in court. As a general proposition, one who seeks an affirmative relief is deemed to have submitted to the jurisdiction of the Interlocutory order; appeal from interlocutory order court. It is by reason of this rule that we have had not allowed; remedies against an interlocutory order. occasion to declare that the filing of motions to admit answer, for additional time to file answer, Under Section 1, Rule 41 of the 1997 Revised Rules of Civil for reconsideration of a default judgment, and to Procedure, as amended, appeal from interlocutory orders lift order of default with motion for reconsideration, is not allowed. Said provision reads: is considered voluntary submission to the court’s jurisdiction. This, however, is tempered by the SECTION 1. Subject of appeal. — An appeal may be concept of conditional appearance, such that a taken from a judgment or final order that completely party who makes a special appearance to disposes of the case, or of a particular matter challenge, among others, the court’s jurisdiction therein when declared by these Rules to be over his person cannot be considered to have appealable. submitted to its authority. No appeal may be taken from: Prescinding from the foregoing, it is thus clear that: (a) An order denying a motion for new trial or (1) Special appearance operates as an exception reconsideration; to the general rule on voluntary appearance; (b) An order denying a petition for relief or (2) Accordingly, objections to the jurisdiction of any similar motion seeking relief from the court over the person of the defendant judgment; must be explicitly made, i.e., set forth in an (c) An interlocutory order; unequivocal manner; and (d) An order disallowing or dismissing an (3) Failure to do so constitutes voluntary appeal; submission to the jurisdiction of the court, especially in instances where a pleading or (e) An order denying a motion to set aside a motion seeking affirmative relief is filed and judgment by consent, confession or submitted to the court for resolution. compromise on the ground of fraud, mistake or duress, or any other ground (emphases supplied) vitiating consent; In this case, the records show that the following (f) An order of execution; statement appeared in respondent’s Motion for Leave to File Answer: (g) A judgment or final order for or against 20 JANUARY-MARCH 2013

Doctrinal Reminders would be proper. And in Albuera v. Torres, this Court Remedial Law (continued) also said that a provincial governor sued in his official capacity may engage the services of private one or more of several parties or in counsel when “the complaint contains other separate claims, counterclaims, cross- allegations and a prayer for moral damages, which, claims and third-party complaints, while if due from the defendants, must be satisfied by the main case is pending, unless the court them in their private capacity. (citations omitted) allows an appeal therefrom; and Consequently Attys. Fandiño and Saulon had the (h) An order dismissing an action without authority to represent petitioner at the initial stages of the prejudice; litigation and this authority continued even up to his appeal In all the above instances where the and the filing of the petition for certiorari with the CA judgment or final order is not appealable, the respecting the execution of the RTC judgment. It was aggrieved party may file an appropriate special therefore an error for the CA to have dismissed the said civil action under Rule 65. (emphasis supplied) petition for certiorari on the ground of unauthorized The remedy against an interlocutory order not subject representation. of an appeal is an appropriate special civil action under Perlas-Bernabe, J., Romeo A. Gontang, in his Official Capacity Rule 65 provided that the interlocutory order is rendered as Mayor of Gainza, Camarines Sur v. Engr. Cecilia Alayan, without or in excess of jurisdiction or with grave abuse of G.R. No. 191691, January 16, 2013. discretion. Having chosen the wrong remedy in questioning the subject interlocutory orders of the RTC, petitioner’s appeal was correctly dismissed by the CA. Party’s duty to inform the court of its counsel’s demise. Villarama, Jr., J., Ma. Carminia C. Calderon represented by her In Mojar, et al. v. Agro Commercial Security Service Agency, Attorney-In-Fact, Marycris V. Baldevia v. Jose Antonio F. Roxas and Inc., the Court explained that it is the party’s duty to inform Court of Appeals, G.R. No. 185595, January 9, 2013. the court of its counsel’s demise, and failure to apprise the court of such fact shall be considered negligence on the Local government officials may properly secure the part of said party. Expounding further, the Court stated: services of private counsel. x x x It is not the duty of the courts to inquire, during the progress of a case, whether the law firm or In Alinsug v. RTC Br. 58, San Carlos City, Negros Occidental, partnership representing one of the litigants the Court ruled that in instances like the present case where continues to exist lawfully, whether the partners personal liability on the part of local government officials is are still alive, or whether its associates are still sought, they may properly secure the services of private connected with the firm. counsel, explaining: x x x They cannot pass the blame to the court, which It can happen that a government official, ostensibly is not tasked to monitor the changes in the acting in his official capacity and sued in that circumstances of the parties and their counsel. capacity, is later held to have exceeded his x x x x authority. On the one hand, his defense would have then been underwritten by the people’s money which In Ampo v. Court of Appeals, this Court explained ordinarily should have been his personal expense. the vigilance that must be exercised by a party: On the other hand, personal liability can attach to him without, however, his having had the benefit of x x x x assistance of a counsel of his own choice. In Correa Litigants who are represented by counsel v. CFI, the Court held that in the discharge of should not expect that all they need to do governmental functions, ‘municipal corporations is sit back, relax and await the outcome of are responsible for the acts of its officers, except if their cases. Relief will not be granted to a and when, and only to the extent that, they have party who seeks avoidance from the effects acted by authority of the law, and in conformity of the judgment when the loss of the with the requirements thereof. remedy at law was due to his own In such instance, this Court has sanctioned the negligence. The circumstances of this case representation by private counsel. In one case, We plainly show that petitioner only has held that where rigid adherence to the law on himself to blame. Neither can he invoke representation of local officials in court actions due process. The essence of due process could deprive a party of his right to redress for a is simply an opportunity to be heard. Due valid grievance, the hiring of a private counsel process is satisfied when the parties are VOLUME XV ISSUE NO. 57 21

Doctrinal Reminders sympathetic to their cause, and would prove antithetical Remedial Law (continued) to the speedy and fair administration of justice.

afforded a fair and reasonable opportunity A judge must decide based on a rational and logical to explain their respective sides of the assessment of the circumstances prevailing in a case brought controversy. Where a party, such as before him. In the present case, petitioners cite public petitioner, was afforded this opportunity respondent’s affiliation with an alumni association as the to participate but failed to do so, he cannot sole ground to which they anchor their motion for the complain of deprivation of due process. If voluntary inhibition of public respondent. said opportunity is not availed of, it is deemed waived or forfeited without Before the trial court, petitioners alleged that the law violating the constitutional guarantee. school ties among public respondent, Ong and his counsel, they having graduated from San Beda College of Law, albeit Thus, for failure of petitioner to notify the CA of the years apart, spell partiality. death of its counsel of record and have said counsel substituted, then service of the CA Decision at the place or Inhibition is not allowed at every instance that a law office designated by its counsel of record as his address, schoolmate or classmate appears before the judge as is sufficient notice. The case then became final and counsel for one of the parties, however. In one case, the executory when no motion for reconsideration or appeal Court ruled that organizational affiliation per se is not a was filed within the reglementary period therefor. ground for inhibition. Peralta, J., O. Ventanilla Enterprises Corporation v. Adelina Membership in a college fraternity, by itself, does S. Tan and Sheriff Reynante G. Velasquez, Presiding Judge, not constitute a ground to disqualify an G.R. No. 180325, February 20, 2013. investigator, prosecutor or judge from acting on the case of a respondent who happens to be a Inhibition of judges must be for just and valid causes. member of the same fraternity. A trial Judge, appellate Justice, or member of this Court who is In Gochan v. Gochan, the Court elucidated further: or was a member of a college fraternity, a university alumni association, a socio-civic association like Verily, the second paragraph of Section 1 of Rule Jaycees or Rotary, a religion-oriented organization 137 does not give judges the unfettered discretion like Knights of Columbus or Methodist Men, and to decide whether to desist from hearing a case. various other fraternal organizations is not The inhibition must be for just and valid causes. expected to automatically inhibit himself or herself The mere imputation of bias or partiality is not from acting whenever a case involving a member enough ground for them to inhibit, especially when of his or her group happens to come before him or the charge is without basis. This Court has to be her for action. shown acts or conduct clearly indicative of arbitrariness or prejudice before it can brand them A member in good standing of any reputable with the stigma of bias or partiality. organization is expected all the more to maintain the highest standards of probity, integrity, and In a string of cases, the Supreme Court has said honor and to faithfully comply with the ethics of that bias and prejudice, to be considered valid the legal profession. (underscoring supplied) reasons for the voluntary inhibition of judges, must be proved with clear and convincing evidence. Bare The added fact that the law school’s alumni association allegations of their partiality will not suffice. It published statements in support of Ong’s application cannot cannot be presumed, especially if weighed against lend credence to the imputation of bias on the part of pubic the sacred oaths of office of magistrates, requiring respondent. No clear and convincing evidence was shown them to administer justice fairly and equitably– to indicate that public respondent actively sponsored and both to the poor and the rich, the weak and the participated in the adoption and publication of the alumni strong, the lonely and the well-connected. association’s stand. It is inconceivable to suppose that the (emphasis and underscoring supplied) alumni association’s statement obliged all its members to The Court applied the same precept in Pagoda earnestly embrace the manifesto as a matter of creed. Philippines, Inc. v. Universal Canning, Inc. where the judge’s Arbitrariness cannot be inferred either from the fact right to inhibit was weighed against his duty to decide the that public respondent resolved the motion for voluntary case without fear of repression. Indeed, the automatic inhibition one day after it was filed. Since the personal granting of a motion for voluntary inhibition would open the floodgates to a form of forum-shopping, in which litigants would be allowed to shop for a judge more (Continued on page 31) 22 JANUARY-MARCH 2013

Administrative Order No. 27-2013 OCA Circular No. 05-2013

WHEREAS, under Section 4 of A.M. No. 03-11-16-SC (2), TO: ALL JUSTICES OF THE COURT OF APPEALS, the Chief Justice shall be the Ex Officio Chairman of the SANDIGANBAYAN AND COURT OF TAX APPEALS, JUDGES JBC; OF THE TRIAL COURTS, THE INVESTIGATING OFFICERS AND BODIES AUTHORIZED BY THE SUPREME COURT TO WHEREAS, under the same section, the Ex Officio Chairman RECEIVE EVIDENCE, INCLUDING THE INTEGRATED BAR shall exercise, among others, decision-making authority OF THE PHILIPPINES AND ARBITERS OF SPECIAL COURTS over all operational matters, and may delegate such AND QUASI-JUDICIAL BODIES WHOSE RULES OF authority to lower level management personnel. PROCEDURE ARE SUBJECT TO DISAPPROVAL OF THE WHEREAS, under Section 4(a) of A.M. No. 03-11-16-SC (2), SUPREME COURT, INSOFAR AS THEIR EXISTING RULES the Ex Officio Chairman shall exercise overall administrative OF PROCEDURES CONTRAVENE THE PROVISIONS OF THIS authority in the execution of the JBC’s mandate; RULE WHEREAS, under Section 4(d) of A.M. No. 03-11-16-SC (2), the Ex Officio Chairman may delegate authority for the SUBJECT: MODIFICATION OF THE PUBLIC PROSECUTORS’ performance of any operational functions to officials and COMPLIANCE WITH THE PROVISIONS ON THE JUDICIAL employees of the Council in accordance with existing laws AFFIDAVIT RULE and rules and resolutions of the Council En Banc; On January 8, 2013 the Supreme Court En Banc issued a WHEREAS, under Section 6, the JBC Executive Officer is Resolution modifying the public prosecutors’ compliance directly under the supervision of the Ex Officio Chairman; with the provisions set forth on the Judicial Affidavit Rule WHEREAS, under Section 6(a) of A.M. No. 03-11-16-SC (2), for a period of one year, from January 1 to December 31, the JBC Executive Officer shall assist the Ex Officio Chairman 2013, quoted hereunder as follows: in providing direct executive supervision over the A.M. No. 12-8-8-SC (Judicial Affidavit Rule) — Acting operations of the various offices and personnel; on the petition of the Prosecutors’ League of the WHEREAS, under Section 8 of A.M. No. 03-11-16-SC (2), Philippines dated December 12, 2012 for the the heads of the operating units or officers of the JBC shall deferment of the effectivity of the Judicial Affidavit Rule insofar as the prosecution of criminal cases report directly to and are under the administrative is concerned, the Court resolves not to defer the supervision of the JBC Executive Officer; effectivity of the Rule in such cases but instead to WHEREAS, in a Memorandum from Regular Members modify the public prosecutors’ compliance with dated January 2, 201 3, it was proposed that certain offices its provisions for a period of one year, from January of the JBC be under the direct supervision of the Regular 1 to December 31, 2013, as follows: Members; 1. The public prosecutors shall use, for the purpose of complying with the Judicial NOW, THEREFORE, the following Regular Members shall Affidavit Rule in the first and second level assist the Ex Officio Chairman in the supervision of the courts during the one-year period, the sworn following offices in accordance with and to the extent not statements that the complainant and his or inconsistent with A.M. No. 03-11-16-SC (2) and pertinent her witnesses submit during the initiation of laws, rules and regulations: the criminal action before the office of the public prosecutor or directly before the trial Office of the Justice Regino C. Hermosisima, Jr. court. In such cases, the attending public Executive Officer prosecutor shall, when presenting the witness, Office of Recruitment, Justice Aurora Santiago-Lagman require him or her to affirm the truth of what Selection, and Nomination the sworn statement contains and ask the Office of Administrative Atty. Jose V. Mejia witness only those additional direct and Financial Services examination questions that have not been Office of Policy Development Atty. Maria Milagros N. amply covered by the sworn statement. and Research Fernan-Cayosa 2. The one-year modified compliance here February 1, 2013. granted shall not apply where the complainant is represented by private prosecutor duly (Sgd.) MARIA LOURDES P. A. SERENO empowered in accordance with the Rules of Chief Justice Court to appear in court and prosecute the VOLUME XV ISSUE NO. 57 23

OCA Circular No. 05-2013 (continued) and accurately the time of arrival in and departure from the office. The judges shall accomplish a Certificate of Service; case. The private prosecutor shall be charged in the applicable cases with the duty to prepare 2. DTRs/ Bundy Cards shall be certified correct by the the required judicial affidavits of the concerned employee and verified by the Executive complainant and his or her witnesses and Judge (for those in the Office of the Clerk of Court) or cause the service of copies of the same upon the Presiding Judge (for those in the court branches) or the accused. the Clerk of Court, as delegated by the Executive Judge/ Presiding Judge in writing. 3. The Court expects the public prosecutors in both first and second level courts to take steps 3. Every Clerk of Court in the Office of the Clerk of Court during the one-year modified compliance (OCC) and in the respective branches shall: period (i) to seek the needed augmentation of their ranks; and (ii) to develop methods and 3.1 maintain a registry book of attendance (logbook) systems that would enable them to fully comply in which all officials and employees of that court with the requirements of the Judicial Affidavit must log in chronologically by signing and indicating Rule when the modified compliance period therein their time of arrival in and departure from ends. The Court notes that 80 percent of the the office; backlog in the first and second level courts involve criminal cases, and that delays in 3.2 check the accuracy of the entries in the DTRs/ those cases are caused mainly by lack of Bundy Cards by comparing them with the entries prosecutors, absence of the prosecution in the logbook and ensuring that the time witnesses, and lack of PAO lawyers. appearing in the DTRs/Bundy Cards tallies with 4. The judicial affidavit rule shall remain in full the time recorded in the logbook; and, force and effect in all other cases and 3.3. prepare a Monthly Report on Absences, Tardiness situations not covered by this resolution. and Undertime. This resolution shall take effect immediately 4. If there are entries in the DTRs/Bundy Cards which the (underscoring supplied). Executive Judge, Presiding Judge, or the Clerk of Court Any prior circular from the Office of the Court finds questionable even after comparing them with Administrator on this matter which is contrary to the the entries in the logbook, the subject DTRs/Bundy foregoing is hereby superseded. Card shall still be signed to confirm the entries which are not in question, with a notation “with reservation” For your information, guidance and strict compliance. beside the signature. Insofar as the questionable January 10, 2013. entries are concerned, the Executive Judge, Presiding Judge, or the Clerk of Court shall attach to the subject DTRs/Bundy Cards a letter informing the Office of the (Sgd.) JOSE MIDAS P. MARQUEZ Court Administrator (OCA), through the Office of Court Administrator Administrative Services (OAS), of the particular dates of the entries in question and the basis or reason/s therefor so that appropriate action can be taken on OCA Circular No. 07-2013 the matter. TO: ALL JUDGES AND COURT PERSONNEL OF THE LOWER 5. The Clerk of Court in the OCC and in the respective COURTS branches shall thereafter forward, within the first five days after the end of each month, the Certificates of SUBJECT: TIMELY SUBMISSION OF CERTIFICATES OF Service and DTRs/Bundy Cards, together with the SERVICE OF JUDGES AND DAILY TIME RECORDS (DTRs)/ properly accomplished application/s for leave (Civil BUNDY CARDS OF PERSONNEL OF THE LOWER COURTS Service Form No.6), if applicable, of all employees in All judges and personnel of the lower courts are hereby the office/branch, and the Monthly Report on ENJOINED to strictly observe the following guidelines in Absences, Tardiness and Undertime in one batch, to the submission of the Certificates of Service of judges and the: Daily Time Records (DTRs) / Bundy Cards of personnel of Employees’ Leave Division the lower courts, viz: Office of Administrative Services 1. After the end of each month, every personnel of the Office of the Court Administrator lower courts shall accomplish the DTRs (Civil Service Supreme Court 1000 Manila Form No. 48)/Bundy Cards, indicating therein truthfully (Next page) 24 JANUARY-MARCH 2013

OCA Circular No. 07-2013 (continued) WHEREAS, the Committee on Security for the Judiciary x x x has resolved to provide the judges of the first and second level courts with an interim security 6. To avoid overpayment, the salaries and benefits of protocol to improve security and safety measures judges and personnel of the lower courts whose inside the courtrooms and halls of justice (HOJ); Certificates of Service and DTRs/Bundy Cards, NOW THEREFORE, pending the issuance of respectively, are not received by the Employees’ Leave comprehensive security protocol for the lower Division (ELD), OAS, OCA, within the next two courts and in the interest of the service, the following succeeding months shall be withheld without prior interim measures are hereby adopted and shall be notice beginning March 2013. All Certificates of Service immediately implemented: and DTRs/Bundy Cards and leave applications of the 1. All court employees are required to wear and previous months which have not yet been submitted to prominently display their identification cards the ELD, OAS, OCA, must be received by the said office (lD) at all times while on official duty. Only on or before March 29, 2013. judges are exempted from wearing ID. 7. The term Daily Time Record shall include the computer 2. All law enforcement officers on official print-out of the attendance record of those using the business should wear and display their official IDs while inside the HOJs and building which biometric time clock. house courtrooms. 8. Those whose salaries and benefits have been withheld 3. During hearings, the court shall coordinate for two consecutive months or at least twice within a with the appropriate agency which has custody period of six months shall be required to explain in of detention prisoners, (e.g., Bureau of Jail writing their failure to comply with the foregoing Management and Penology, Philippine National directives and their explanation shall be referred to Police, National Bureau of Investigation, etc.) the Legal Office, OCA for appropriate disciplinary action. on the trial calendar and schedule of criminal cases involving these detention prisoners. This Circular shall serve as notice to all concerned. 4. During trials of detention prisoners, the All prior circulars, orders, and other issuances Executive Judge (EJ) shall request the PNP to inconsistent with this OCA circular are hereby revoked. assign or detail at least two uniformed For immediate compliance. policemen to secure and patrol the hallways of the HOJs and court houses and their premises. January 16, 2013. 5. Where applicable, the HOJ shall only have one (Sgd.) JOSE MIDAS P. MARQUEZ entry and exit point for visitors. Court Administrator 6. The EJs shall secure a holding area in the HOJs or in the court house where detention prisoners shall be temporarily detained while awaiting OCA Circular No. 08-2013 trial. When no holding area is available, the detention prisoners shall be detained in the bus, van, or vehicle that they used as transport, TO: ALL JUDGES AND COURT PERSONNEL OF THE FIRST or any secure place outside the HOJs or court AND SECOND LEVEL COURTS houses. The detention prisoners shall be brought to the courtroom only when their cases SUBJECT: REITERATING SECURITY PROTOCOL FOR THE are heard. FIRST AND SECOND LEVEL COURTS 7. Before leaving the holding area or temporary In the wake of the recent shooting incident that occurred detention area, the custodians shall conduct a in the Palace of Justice, Cebu City, Memorandum Order No. thorough body frisking of detention prisoners 42-2007 providing for an interim security protocol for the to ensure that they have no concealed weapon first and second level courts, is hereby REITERATED. The on them. pertinent provisions of Memorandum Order No. 42-2007 8. While in the court’s premises, detention are as follows: prisoners shall always be handcuffed, unless WHEREAS, members of the judiciary especially the the Presiding Judge (PJ) directs otherwise. judges of the first and second level courts are 9. In HOJs, EJs shall ensure that the court security continuously exposed to violent attacks from would- personnel (CSP) keep a logbook of the name, be assassins and there are no existing security address, purpose of visit and signature of protocols for the safety of the judges and other court guests who enter the premises. All visitors employees; including law enforcement officers shall be VOLUME XV ISSUE NO. 57 25

OCA Circular No. 08-2013 (continued) Attention: Atty. Leah M. Enriquez Telephone Nos. Office: 5257143 required to log-in before allowed entry. All Mobile: 0917 8278872 visitors are required to present adequate Fax No.: 5232315 identification documents which they shall E-mail Address: [email protected] leave with the CSP in exchange for a court ID to Atty. Nonnatus Ceasar R. Rojas be worn at all times while inside the HOJ. Director National Bureau of Investigation 10. For courts not in the HOJs, the sheriff, process Taft Avenue, Ermita, Manila server, or other staff member shall be assigned by the PJ to provide security inside the Attention: Atty. Reynaldo O. Esmeralda courtroom. Deputy Director Telephone Nos. 11. All persons who wish to enter the courtroom Office: 5238231/5246232 shall be subjected to body frisking by the E-mail Address: [email protected] court’s sheriff, process server, or other court personnel, before entry. A female guest shall be frisked only by a female court employee. In This order shall take effect immediately upon its signing. addition, all bags and other things brought January 24, 2013. inside the room shall be thoroughly inspected. 12. All firearms and objects which may be used as (Sgd.) JOSE MIDAS P. MARQUEZ weapons, except those belonging to law Court Administrator enforcement officers who are on official business, shall be deposited with the guard- on-duty of the HOJs, or with the sheriff or in OCA Circular No. 18-2013 the latter’s absence, the Branch Clerk of Court, for courts not found in the HOJs. TO: ALL JUDGES AND CLERKS OF COURT OF MULTI-SALA 13. Any illegal weapon or article, under the REGIONAL TRIAL COURTS OUTSIDE THE NATIONAL Revised Penal Code or existing laws, shall be CAPITAL JUDICIAL REGION AND MUNICIPAL TRIAL COURTS confiscated and surrendered to the police IN CITIES IN ALL JUDICIAL REGIONS officers assigned to patrol the hallways. In their absence, these things shall be surrendered to SUBJECT: GUIDELINES IN THE IMPLEMENTATION OF THE the nearest police station. AUTOMATED PAYROLL SYSTEM IN THE MULTI-SALA 14. Where applicable, the PJ shall specify an area REGIONAL TRIAL COURTS OUTSIDE THE NATIONAL in the courtroom for detention prisoners. No CAPITAL JUDICIAL REGION AND THE MUNICIPAL TRIAL one, except lawyers, shall be allowed to talk COURTS IN CITIES IN ALL JUDICIAL REGIONS to or go near the detention prisoners. Pursuant to the existing Memorandum of Agreement 15. The PJ shall place the witness stand at least (MOA) between the Supreme Court and the Landbank of one and a half meters (1 ½ m) away from his the Philippines (LBP) dated October 25, 2006, which seat. When the prisoner is on the witness became the basis for the Automated Payroll System (APS) stand, the custodian shall stand between the in the Supreme Court and in the trial courts in the National judge and the prisoner. Capital Judicial Region, and in view of the objective to 16. The PJ shall assign the Sheriff, Process Server, automate the payroll system in the entire Judiciary, the or other court employee to be present during following guidelines shall be observed in the court hearings for orderly and safe implementation of the APS in the Multi-Sala Regional Trial proceedings in the courtroom. Courts outside the National Capital Judicial Region and the 17. Finally, PJs whose lives are endangered or Municipal Trial Courts in Cities in all Judicial Regions: threatened, shall immediately inform any of the following officials: 1. All judges and court personnel shall open their respective ATM Payroll Savings Accounts with the Hon. Jose Midas P. Marquez branch of the LBP nearest their official station. Court Administrator Executive Judges and Clerks of Court shall coordinate Office of the Court Administrator with the LBP Branch Manager as to the opening of the G/F, Old Supreme Court Building Supreme Court individual ATM Payroll Savings Account of judges and Taft Avenue corner Padre Faura Street court personnel. Ermita, Manila (Next page) 26 JANUARY-MARCH 2013

OCA Circular No. 18-2013 (continued) the payroll with notice to the LBP for the termination of the accounts. 9. Release of salaries and allowances which were 2. The requirements for the opening of an individual ATM previously directed to be withheld shall only be credited Payroll Savings Account are as follows: one month after receipt of the notice of release. a. A duly accomplished application form and 10. Non-crediting of salaries and allowances which are specimen card by the judge and court directed to be withheld shall only be for a period of six personnel properly authenticated by the months. Thereafter, the name of the judge or court Executive Judge; personnel shall already be excluded from the payroll. b. Photocopies of two valid identification cards 11. The payroll credit dates are as follows: which include the Supreme Court ID; and Regular Salaries – every 12th and 27th of the c. 1 x 1 recent ID picture. month 3. After the opening of the accounts of the judges and RATA – on or before the 7th working court personnel, the Clerks of Court shall submit the day of every month list of the ATM Account Numbers with the photocopies EME – on or before the 7th day of of the ATM cards to the Office of Administrative the following month Services (OAS), Office of the Court Administrator (OCA). Regular Allowances – as may be authorized by the Thereafter, the OAS-OCA shall submit the list to the as may be provided Chief Justice LBP-SC Extension Office for validation before inclusion for by the GAA of the names of judges and court personnel in the APS Masterlist Payroll. Other allowances – as may be authorized by the and fringe benefit, Chief Justice 4. The APS shall cover the releases for the payment of if any salaries, regular allowances as authorized by the General Appropriations Act (GAA) as well as allowances However, the payroll credit dates of the regular and other fringe benefits, if any, as may be authorized salaries and allowances provided for under the GAA by the Chief Justice. shall strictly be subject to the release of cash allocation from the national government. If the payroll credit 5. The ATM Payroll Savings Account shall be subject to date falls on a Saturday, Sunday or holiday, crediting the initial opening and maintaining balance of P100, shall be on the Friday or the day before the holiday. and a minimum balance requirement of P500 to earn interest. Judges and court personnel shall have the 12. All judges and court personnel are directed to timely option to open a current account with ATM access, submit to the OAS-OCA their Certificates of Services/ with a maintaining balance of P5,000. Daily Time Records to avoid withholding of salaries and regular allowances. 6. Inquiry on individual bank balances and statements of account can be effected through enrollment in the I- 13. Newly appointed judges and court personnel shall Access facility of the LBP for savings account and current individually open their ATM Payroll Savings Account account. Inquiries can likewise be made through the with the LBP Branch nearest their official station. LBP Phone Banking Facility. Thereafter, they shall submit to OAS-OCA, the photocopies of their ATM cards for validation and for 7. The ATM Payroll Savings Account shall be subject to inclusion in the APS payroll. service charges imposed by the Expressnet/Megalink/ BancNet member banks on the usage of their ATMs or 14. The List of ATM Account Numbers and the photocopy those that may be imposed in the future. of the ATM cards shall be submitted to the OAS-OCA on or before the last working day of March 2013. 8. The Clerk of Court is hereby held accountable to Concerned judges and court personnel shall be immediately report to the OAS-OCA, copy furnished informed accordingly on the commencement of the the Financial Management Office (FMO), OCA, and the APS. Thereafter, no checks for payment of the regular LBP branch where the accounts were opened, the salaries and other allowances shall be released. names of judges and court personnel who have ceased their services in the court due, but not limited, to For strict compliance. resignation, retirement, death, transfer, long or February 8, 2013. unauthorized leave of absence. After receipt of the notice from the clerks of court, the names of the judges (Sgd.) JOSE MIDAS P. MARQUEZ or court personnel shall forthwith be excluded from Court Administrator VOLUME XV ISSUE NO. 57 27

5. Also included in the mobile broadband stick package OCA Circular No. 24-2013 are the following documents: a. Memorandum of Dispatch which must be TO: ALL LOWER COURT JUDGES, CLERKS OF COURT, AND stored for future reference; LIBRARIANS b. Memorandum Receipt in four copies: one SUBJECT: GUIDELINES ON THE USE OF MOBILE copy to be retained, while the other three BROADBAND STICKS AND OFFICIAL EMAIL copies to be received, signed, and returned; WHEREAS, there is a need for all lower courts to access c. Endorsement of Property Form in two copies: the Supreme Court website which contains the latest one copy to be retained, while the other copy jurisprudence, Court issuances and latest news about the to be received, signed, and returned; courts, and which is also a portal for, among others, the Office of the Court Administrator (OCA) website, the 6. The quick-start guide provided in the mobile broadband Philippine Judicial Academy (PHILJA) website, the Judicial stick package contains the necessary steps to begin and Bar Council (JBC) website, the Supreme Court e-Library, using the mobile broadband stick; and the Judiciary Webmail; 7. For official email correspondence, Judges, Clerks of WHEREAS, to access the Supreme Court website, all courts Court, and librarians must activate their individual must have internet connection; Judiciary Webmail accounts which the Management Information Systems Office of the Supreme Court has WHEREAS, the Supreme Court, after the required bidding, created; purchased PLDT mobile broadband sticks for the use of the lower courts; 8. The Judiciary Webmail may be accessed by typing https://webmail.judiciary.gov.ph into the web browser, WHEREAS, these mobile broadband sticks are designed to and by subsequently entering the username and meet the needs of lower courts for internet connection to password, and by selecting the server (see Figure 1); access the Supreme Court website; WHEREAS, there is a need to maximize the use of said mobile broadband sticks; THEREFORE, to maximize the use of said PLDT mobile broadband sticks, the following guidelines shall be observed; 1. The mobile broadband stick package is issued by the Supreme Court for the official use only of the Judges, Clerks of Court, personnel, and librarians of lower courts throughout the country; 2. It shall be used for, but not limited to research, accessing the Supreme Court website, the OCA website, the PHILJA website, the JBC website, the Figure 1 Supreme Court e-Library, the Judiciary Webmail, the transmission of monthly reports, and other official 9. The username shall be comprised of the following: correspondence; initial of first name, initial of middle name, and surname (e.g., if full name is Jose Protacio Rizal, 3. The mobile broadband stick package must be directly then the username shall be jprizal); received from the PLDT by the person it is intended for in accordance with the list provided by the Supreme 10. The password shall be comprised of the eight-digit Court. In the event that the recipient is not available employee number, and date of birth. Months shall to receive the mobile broadband package, it will be be in the standard three-letter abbreviation (e.g., delivered to the Clerk of Court and the intended if date of birth is June 19, 1861, password shall be recipient must claim it from said Clerk of Court; 1234567819jun61); 4. The mobile broadband stick package contains the 11. The server selected shall be lower court; following: 12. The complete Judiciary Webmail address shall be a. One mobile broadband stick; comprised of the username followed by the b. One USB connector cable; domain,@ lc.judiciary.gov.ph(e.g., c. One SIM card package; [email protected]); d. One quick-start guide; (Next page) 28 JANUARY-MARCH 2013

OCA Circular No. 24-2013 (continued) OCA Circular No. 40-2013 13. For confidentiality and exclusivity, the Judiciary Webmail password must be changed immediately upon TO: ALL JUDGES OF THE REGIONAL TRIAL COURTS, the first login. This may be done by clicking on Settings SHARI’A DISTRICT COURTS, METROPOLITAN TRIAL on the upper right hand corner (see Figure 2), and COURTS; MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL then by clicking on password on the left pane (see TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS AND Figure 3). Once a new password is entered twice it is SHARI’A CIRCUIT COURTS confirmed by clicking on save. The new password will take effect on the succeeding login; SUBJECT: ISSUANCE OF MITTIMUS OR COMMITMENT ORDER, OTHER DOCUMENTS NEEDED FOR THE TRANSFER OF INSULAR PRISONERS FROM THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY TO THE NEW BILIBID PRISON OF THE BUREAU OF CORRECTIONS IN COMPLIANCE WITH OCA CIRCULAR NO. 4-92-A The Bureau of Jail Management and Penology (BJMP) through its Jail Chief Superintendent and Officer in Charge, Mr. Diony D. Mamaril CES(E), has invited the attention of this Court regarding the non-issuance of mittimus or commitment order, and the non-submission of the same and other documents consisting of decision, certificate of Figure 2 non-appeal or notice of appeal, certificate of non-pending case, certificate of detention and detainee’s manifestation of some trial courts to the BJMP. This is in connection with the BJMP’s accumulated 700 more or less insular prisoners nationwide, whose transfer to the New Bilibid Prison of the Bureau of Corrections (BuCor) is still pending due to non- compliance of said requirements. In view thereof, and in order for the BJMP to adhere to the BuCor’s policy of not accepting convicts for service of sentence without the aforesaid complete documents, and ultimately to decongest the provincial, city and municipal jails nationwide, all trial judges concerned are hereby Figure 3 DIRECTED to STRICTLY COMPLY with OCA Circular No. 14. Once the password has been changed, the Judiciary 4-92-A and ISSUE the corresponding mittimus or Webmail administrator will no longer be able to commitment order of national prisoners immediately after recover such password; their conviction, and SUBMIT the same, together with the 15. Upon completion of the above mentioned steps, the necessary documents in support thereof, such as the mobile broadband stick and Judiciary Webmail are decision, certificate of non-appeal or notice of appeal, ready for use; certificate of non-pending case, certificate of detention and detainee’s manifestation, as cited above, to the 16. The SIM card package must be stored properly for nearest BJMP within their respective adjudicative future reference of pertinent account numbers; territorial jurisdiction, so that they may be remitted or 17. For any technical concerns regarding the PLDT mobile transferred to the New Bilibid Prison of the BuCor. broadband stick that may not be addressed by the quick-start guide, users may call 177 toll free, and must Strict compliance is hereby enjoined. be ready to provide the unit’s MIN# indicated on the March 13, 2013. SIM package; 18. For any technical concerns regarding Judiciary (Sgd.) JOSE MIDAS P. MARQUEZ Webmail, users may contact Court Administrator [email protected]; This circular shall take effect immediately. February 13, 2013. (Sgd.) JOSE MIDAS P. MARQUEZ Court Administrator VOLUME XV ISSUE NO. 57 29

Dangerous Drugs, Controlled Precursors and Essential OCA Circular No. 41-2013 Chemicals, InstrumentsIParaphernalia and/or Laboratory Equipment in connection with cases under investigation, TO: ALL REGIONAL TRIAL COURT JUDGES preliminary investigation or reinvestigation; SUBJECT: BOARD REGULATION NO. 3, SERIES OF 2008 WHEREAS, several queries from PDEA and other law enforcers were received asking to clarify the issue of who (AMENDING BOARD REGULATION NO. 1, SERIES OF 2007 the proper prosecutors that will sign the petition for ENTITLED “GUIDELINES ON THE DISPOSITION OF destruction of seized drug-related pieces of evidence in case CONFISCATED, SEIZED AND/OR SURRENDERED the search warrant was issued by a Court from other judicial DANGEROUS DRUGS, PLANT SOURCES OF DANGEROUS jurisdiction; DRUGS, CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS, INSTRUMENTSIPARAPHERNALIA, AND/OR WHEREAS, there is a need to amend Section 3 para. (a) of Board Regulation No. 1, Series of 2007, to clarify and LABORATORY EQUIPMENT IN CONNECTION WITH designate the concerned prosecutor that will confirm or sign CASES UNDER INVESTIGATION, PRELIMINARY the conformity in the Petition for Destruction of Confiscated/ INVESTIGATION OR REINVESTIGATION”) Seized or Surrendered drug-related evidence; Pursuant to Section 21 of Republic Act No. 9165, otherwise WHEREFORE, be it RESOLVED, as it is hereby RESOLVED, to known as “The Comprehensive Dangerous Drugs Act of amend the DDB Regulation No 1, Series of 2007 as herein 2002,” the Dangerous Drugs Board issued Board Regulation provided: No. 3, Series of 2008, amending the Board Regulation No.1, SEC. 3. Disposal of Seized Dangerous Drugs, Series of 2007, entitled “Guidelines on the Disposition of Controlled Precursors and Essential Chemicals, Confiscated, Seized and/or Surrendered Dangerous Drugs, Instruments/Paraphernalia, and/or Laboratory Plant Sources of Dangerous Drugs, Controlled Precursors Equipment. – Dangerous drugs, controlled precursors and Essential Chemicals, Instruments/Paraphernalia, and/ and essential chemicals, instruments/paraphernalia, or Laboratory Equipment in connection with Cases under and/or laboratory equipment confiscated, seized and/ Investigation, Preliminary Investigation or or surrendered and covered by this Regulation shall Reinvestigation.” be disposed of as follows: The copy of the said Board Regulation No. 3, Series of a. Upon the receipt of the final certification of 2008 is appended herein as “Annex A” for your easy the forensic laboratory examination results issued by the government forensic laboratory, reference and guidance. pursuant to Section 21 of RA No. 9165 and For strict compliance. Section 4 of Board Regulation No. 1, Series of 2002, the PDEA may file a petition for the March 13, 2013. immediate destruction of the confiscated, seized and/or surrendered dangerous drugs, (Sgd.) JOSE MIDAS P. MARQUEZ plant sources of dangerous drugs, controlled Court Administrator precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment with the Regional Trial Court Annex “A” presided over by the Executive Judge of the province or city where the confiscation/seizure and/or surrender took place. If the DANGEROUS DRUGS BOARD confiscation, seizure or surrender was by virtue BOARD REGULATION NO. 3 of a search warrant, the appropriate motion Series of 2008 shall be filed with the prior written conformity of the Provincial or City Prosecutor “OF THE SUBJECT: AMENDING BOARD REGULATION NO. 1, SERIES PROVINCE OR CITY, AS THE CASE MAY BE, WHERE OF 2007 ENTITLED “GUIDELINES ON THE THE CONFISCATION/SEIZURE and/or DISPOSITION OF CONFISCATED, SEIZED AND/OR SURRENDER TOOK PLACE OR THE CHIEF STATE SURRENDERED DANGEROUS DRUGS, PLANT PROSECUTOR OR HIS DULY DESIGNATED SOURCES OF DANGEROUS DRUGS, CONTROLLED REPRESENTATIVE” which shall be indicated in PRECURSORS AND ESSENTIAL CHEMICALS, the pleading. The trial court where the criminal INSTRUMENTS/PARAPHERNALIA, AND/OR case is subsequently filed shall take judicial LABORATORY EQUIPMENT IN CONNECTION notice of the proceedings thereof.” WITH CASES UNDER INVESTIGATION, PRELIMINARY INVESTIGATION OR x x x x REINVESTIGATION This Regulation shall take effect 15 days after its publication in two newspapers of general WHEREAS, Section 3 of Dangerous Drugs Board (DDB) circulation and after its registration with the Office Regulation No. 1, Series of 2007, provides the procedure for of the National Administrative Register (ONAR), UP the disposal of the Confiscated, Seized and/or Surrendered (Next page) 30 JANUARY-MARCH 2013

OCA Circular No. 41-2013 (continued) Judge/Presiding Judge shall provide the applicant/s with a checklist of requirements Law Center, Quezon City. to be submitted to the OAS-OCA after the same period of one month following the expiration APPROVED and ADOPTED this 2nd of October, of the 10-day period for posting. Thereafter, in the year of Our Lord, 2008 in Quezon City. the OAS-OCA shall evaluate all the applications (Sgd.) Secretary VICENTE C. SOTTO III and shall submit the list to the Selection and Chairman, Dangerous Drugs Board Promotion Board-Lower Courts (SPB-LC) within 15 days. Those with incomplete form or lacking Attested by: requirement/s shall be included in the list to (Sgd.) Undersecretary EDGAR C. GALVANTE be submitted to the SPB-LC with a notation as Secretary of the Board to the lacking form or requirement/s. If after assessment of competence and qualification of candidates, the applicant found by the SPB- LC to be the most qualified for the position OCA Circular No. 44-2013 applied for has incomplete form and/or lacking TO: ALL JUDGES AND COURT PERSONNEL requirement/s, the SPB-LC shall require the said applicant to accomplish the incomplete form SUBJECT: AMENDMENT OF OCA CIRCULAR NO. 74-2010 – and/or to submit the lacking requirement/s. GUIDELINES IN THE SUBMISSION OF APPLICATIONS FOR 5. All application/s received from the OAS-OCA APPOINTMENT IN THE LOWER COURTS or personally filed with the Executive Judge/ To expedite the processing and filling of vacant positions, Presiding Judge after the aforesaid one-month Item Nos. 2, 3, 4, and 5 of OCA Circular No. 74-2010, dated period may still be endorsed by the Executive May 21, 2010, are hereby amended to read as follows: Judge/Presiding Judge to the OAS-OCA for submission to the SPB-LC. The name/s of the 2. The notice of vacancy shall be posted in three aforesaid applicant/s shall be included in the conspicuous places in the court’s premises and list of candidate/s as long as the resolution in other public places for at least 10 calendar containing the list of candidate/s has not yet days. It shall include the qualification been submitted to the Court by the SPB-LC. A standards for the position and the checklist of notation that the aforesaid application/s was/ requirements prepared by the OAS-OCA, were submitted after the one-month period necessary for the evaluation of the application. shall be indicated. Within one month from the expiration of the 10 day period for posting, the applicant/s shall Before transmitting the documentary submit the requirements to the judge where requirements of the applicant/s to the OAS- the vacancy exists. OCA, the Executive Judge/Presiding Judge, through the Clerk of Court, should make sure 3. All applications, together with the complete that all the documents provided in the checklist or incomplete requirements received by the of requirements have been properly Executive Judge/Presiding Judge, shall be accomplished and submitted by applicant/s. indorsed to the OAS-OCA within 10 days after Documents which require the signature of the the lapse of one month from the expiration of Presiding Judge/Executive Judge and/or the the 10-day period of posting. The indorsement Clerk of Court must be duly signed by said shall be accompanied by a certification, under officials. Those documents which will not be oath, by the Executive Judge/Presiding Judge signed by them shall be included in the list of that the list submitted contains the name/s of lacking requiremens of the applicant/s. Refusal all applicant/s who applied for the position. by the concerned official to sign the document The date of mailing shall be the will not, however, cause the disqualification determining factor to consider whether the of the applicant/s concerned. On a case to case indorsement was sent after the one-month basis, his/her application will still be given period. For application/s personally filed due course after notice to the OAS-OCA of such before the OAS-OCA, the date of receipt by the refusal to sign. OAS-OCA is the controlling factor. For the information and guidance of all concerned. This 4. All application/s directly filed with the OAS- circular shall take effect immediately. OCA personally or sent through mail within Issued this 18th day of March 2013. the one-month period, shall be referred to the Executive Judge or Presiding Judge for comment and/or appropriate action within five days (Sgd.) JOSE MIDAS P. MARQUEZ from receipt of the application/s. The Executive Court Administrator VOLUME XV ISSUE NO. 57 31

2013 Upcoming PHILJA Events New Rulings (Continued from page 32) Civil Law (continued from page 18)

„ JCEP for RTC Judges impairment clause of the Constitution must yield Region VII, April 24-26, Tagaytay City to the loftier purposes targeted by the Region XII, May 15-17, Tagaytay City Government. The right granted by this provision Region II, June 19-21, Tagaytay City must submit to the demands and necessities of „ Increasing Judicial Efficiency: Seminar-Workshop for Judges the State’s power of regulation. Such authority to on the Effective Use of the Benchbook for Philippine Trial regulate businesses extends to the banking Courts (Revised and Expanded) Regions IV and V, Batch 2, April 25, Naga City industry which, as this Court has time and again Region III, Batch 2, June 14, Pampanga emphasized, is undeniably imbued with public interest. „ Seminar-Workshop on Dangerous Drugs Law for Judges, Prosecutors and Law Enforcers Having ruled that the assailed Section 47 of Region III, May 6–8, Angeles City RA No. 8791 is constitutional, we find no reversible „ Judicial Settlement Conference for Judges on JDR error committed by the CA in holding that (Skills-Based Course) petitioner can no longer exercise the right of May 7–10, Tagaytay City redemption over its foreclosed properties after „ Seminar for Executive Judges the certificate of sale in favor of respondent had (RTC Single Sala Judges of Mindanao) been registered. May 8–9, Davao City „ Career Development Program for Court Legal Researchers Villarama, Jr., J., Goldenway Merchandising Corporation v. Region I, May 22–23, Baguio City Equitable PCI Bank, G.R. No. 195540, March 13, 2013. „ 1st Orientation Seminar-Workshop for Newly Appointed Sheriffs and Process Servers May 22–24, Tagaytay City

„ Regional Stakeholders Dialogue on the Revision of the Rules of Civil Procedure Visayas, May 28, Cebu City Doctrinal Reminders Mindanao, May 31, Davao City Remedial Law (continued from page 21) Luzon, June 3, Makati City „ Internship Mediation Trainees (Bohol) process of “careful self-examination” is essentially May-June, Tagbilaran City a matter of conscience, the judge may decide as „ Orientation Conference with Stakeholders on CAM soon as the factual basis of the motions has been Albay Mediation Program, June 5, Legaspi City clearly laid before the court because from there Sorsogon Mediation Program, June 6, Sorsogon City on the resolution of the motion enters the „ Launch and Video Conferencing of Global Distance Learning subjective phase. Center (GDLC) June 13, Tagaytay City That public respondent, Ong and his counsel former Senator Rene Saguisag are all graduates „ PHILJA Founding Chancellor Emeritus Justice Ameurfina A. Melencio Herrera Award for the 2013 Most Outstanding of San Beda College of Law was clearly and early Professorial Lecturer Justice Hilarion L. Aquino on established. Hence, this sole ground relied Topic: Revisiting Legal and Judicial Ethics: Challenges and upon by petitioners in their motion, it bears Perspectives repeating, no longer required a hearing or called June 13, Tagaytay City for the submission of a comment or opposition, „ 30th Pre-Judicature Program and the absence thereof did not prejudice June 17–28, Manila petitioners. „ Presentation of the First Draft of the Proposed Revisions on the Rules of Civil Procedure Carpio Morales, J., Kilosbayan Foundation and Bantay June 18, Manila Katarungan Foundation, as represented by Jovito R. Salonga v. Leoncio M. Janolo, Jr., Presiding Judge, RTC, Branch 264, „ Seminar of Election Laws for RTC Judges Pasig City; Gregory S. Ong, Associate Justice, June 27, Manila Sandiganbayan; and the Local Civil Registrar of San Juan, „ National Conference for the Metro Manila, G.R. No. 180543, July 27, 2010. Revision of the Rules of Civil Procedure June 27–30, Tagaytay City 3rd Floor, Supreme Court Centennial Building PRIVATE OR UNAUTHORIZED USE TO AVOID PAYMENT OF POSTAGE IS PENALIZED BY FINE OR Padre Faura Street corner Taft Avenue, Manila 1000 IMPRISONMENT OR BOTH Philippines

2013 Upcoming PHILJA Events Justice Adolfo S. Azcuna „ Refresher/Advanced Course for „ 17th National Convention and Chancellor Court-Annexed Mediators (Samar Seminar of the SCOPHIL Professor Sedfrey M. Candelaria Provinces, Southern Leyte and April 16-18, Baguio City Editor in Chief Biliran Mediation Program) „ Seminar for Single Sala RTC Editorial and Research Staff April 2-3, Palo, Leyte Judges Acting as Executive Atty. Orlando B. Cariño „ PST for Judges Judges of the Visayas Atty. Ma. Melissa Dimson-Bautista April 3-5, Tagaytay City April 17-18, Cebu City Arsenia M. Mendoza „ Orientation of Clerks of Court and „ Chief Justice Artemio V. Armida M. Salazar Branch Clerks of Court on Judicial Panganiban Professorial Chair Jocelyn D. Bondoc Dispute Resolution on Liberty and Prosperity Lecture Ronald P. Caraig April 5, Antipolo City featuring the topic “Supreme Judith B. Del Rosario April 11, Tagaytay City Court Decisions on the Economic Christine A. Ferrer June 26, Batangas City Provisions of the Constitution” Joanne Narciso-Medina by Chancellor Adolfo S. Azcuna Charmaine S. Nicolas „ Orientation of Public Prosecutors, April 18, Makati City Sarah Jane S. Salazar Public Attorneys, and Law Jeniffer P. Sison Practitioners on Judicial Dispute „ Pre-Internship Orientation and Circulation and Support Staff Resolution Meeting with Judges, Clerks of April 5, Antipolo City Court, Branch Clerks of Court, Romeo A. Arcullo April 11, Tagaytay City Mediator-Trainees, and PMCU Staff Lope R. Palermo June 26, Batangas City April 18, Tagbilaran City Daniel S. Talusig Printing Services „ 9th National Convention and „ E-JOW Election of Officers of the Province of Capiz Leticia G. Javier and Printing Staff PROSAPHIL April 18, Roxas City April 10-12, Iloilo City Province of Iloilo April 19, Barotac Viejo, Iloilo „ Work Orientation and Skills May 23, Tagbilaran City Assessment Seminar (WOSES) for May 24, Talibon, Bohol The PHILJA Bulletin is published PMC Unit Staff (Batch 1) June 20, Batac City, Ilocos Norte quarterly by the Research, April 11-12, Tagaytay City June 21, Candon City, Ilocos Sur Publications and Linkages Office „ Lecture Forum on the New Judicial „ CET for Judges and Court of the Philippine Judicial Affidavit Rule rd Personnel Handling Cases Academy, with office at the 3 April 12, Puerto Princesa City Involving Children Floor of the Supreme Court April 26, Naga City April 24-26, Manila Centennial Building, Padre Faura May 17, Dagupan City June 5-7, Manila Street corner Taft Avenue, Manila. June 7, Batangas City „ Career Enhancement Program for Tel: 552-9524; Fax: 552-9621; E- „ Basic Mediation Course First Level Clerks of Court mail: [email protected]; Bohol Mediation Program Region VII, April 24-25, Cebu City [email protected]; Website: April 15-18, Tagbilaran City Region VIII, May 8-9, Palo, Leyte http://philja.judiciary.gov.ph „ Seminar-Workshop on Various Region I, Batch I, June 4-5, Laoag City Laws Relating to Court Technology Region I, Batch II, June 6-7, Laoag City Region IX, April 16-17, Zamboanga City Region V, June 19-20, Legazpi City

(Continued on page 31)