The Court of Appeals Journal

Volume XV, No. 1 Manila, Philippines January-March 2015

INSIDE THIS ISSUE: CA Fun Runner 4 CJ Graces CA Anniversary 5 A Decade of Public Service 6 On 01 February 1936, the Court of Appeals (CA) was created by virtue CA-CDO Celebrates 10th Year 7 of Commonwealth Act No. 3. On 02 February 2015, the CA community cele- CA Honors Loyal Employees 8 brated its 79th Founding Anniver- CA Augments Security Force 8 sary with the theme “Step Up @ Women’s Month 8 '79.” The theme of the anniversary Disposal of Old Cases 9 drew reference from the movie PJ’s 5th Anniversary 10 “Step Up” where talented individu- ALA General Assembly 10 als showcased their dancing prow- Update on Female Uniform 11 CMIS Training 14 ess in a much coveted dance com- RA 10653 15 petition. Virtually indistinguishable The People’s Pope 17 from the movie, the CA Anniver- Reflections on Pope’s Visit 18 sary is as remarkable in every way. 40 days of Lent 19 Recent CA Rulings 21 (Continued on p.2) CA employees posed for a picture with PJ Reyes (in PJ’s Cup Winners 23 green shirt) before the morning Fun Run.

2 Court of Appeals Journal

Here are the highlights: Under the supervision of Hon. Supreme Court Kicking off with a real gas-burner, the festivities Justice Martin S. Villarama Jr. and Presiding Justice Andres started with an early morning fun run held at the Lapu- B. Reyes, Jr., old CA case rollos were ceremonially disposed Lapu Monument Oval in Luneta Park. pursuant to SC Admin Order No. 170-2008 at the Hallway (near the Cash Division), Centennial Bldg. at 11:00AM. Three Hundred twelve (312) contenders participated in the event, each exhibited tremendous effort to reach the finish line. Hon. Presiding Justice Andres B. Reyes, Jr., Hon. Associate Justices Magdangal de Leon, Elihu A. Ybañez, Carmelita Salandanan-Manahan, Maria Elisa Sempio Diy, and Pedro B. Corales participated in the event.

Chief Justice Sereno delivers speech before CA employees.

At 1:30PM, the CA auditorium was at maximum CA employees sing the national anthem (right) as the Philippine flag is being capacity as the afternoon program began. Guest speaker hoisted (left) to commence the CA Anniversary celebration. Chief Justice Hon. Maria Lourdes P.A. Sereno delivered her anniversary message to the CA community. With praise, the Chief Justice recognized the innovations At 8:30AM, the CA flag ceremony was attended by introduced in the docketing and Case Management most CA justices and employees to show their respect for Information System (CMIS) as well as the One-Stop Shop the Philippine flag and patriotism to the country. procedure in the filing of cases. In line with the colloquial

import of “Step Up,” the Chief Justice challenged the CA community to further increase its efficiency and output quality to address the ever increasing demand of justice dispensation.

(From left) Supreme Court Justice Martin S. Villarama, Jr., JBC Regular Member and Ret. CA Justice Aurora Santiago-Lagman, and PJ Reyes lead the ceremonial disposal of old CA rollos.

Filling the day with our Creator's grace and blessing, a Thanksgiving Mass was held at 10:00AM, presided by Reverend Father Roderick C. Salazar, Jr., SVD.

PJ Reyes (right) and Justice Abdulwahid (left) with Service Awardee Mr. Teotimo Vallar (center). Court of Appeals Journal 3

CJ Sereno poses with incumbent and retired Justices of the CA. CA Justices with employees.

Thereafter, invaluable members of the CA community were conferred the most prestigious Loyalty Award in recog- nition of their dedication and years of service in the Court of Appeals. This event was officiated by Presiding Justice Andres B. Reyes, Jr., Justice Hakim S. Abdulwahid, and Ms. Juanita P. Tibayan-Castro.

No true Filipino celebration is ever complete without the obligatory dance number. In the afternoon, brave mem- bers of the CA community participated in the line dancing segment of the program. The crowd cheered and applauded at the participants' mesmerizing performance. Someone from the audience shouted “more!!!” as an irrefutable proof of enjoyment.

By 5:30PM, the CA Auditorium remained jam-packed as the audience enthusiastically awaited the much anticipated closing remarks of Presiding Justice Andres B. Reyes, Jr. Shortly thereafter, the two (2) winning numbers were drawn from the tambiolo with Presiding Justice Andres B. Reyes, Jr. announcing the Grand Raffle Prize winners. Everyone cheered when the two (2) lucky winners claimed their prizes.

The CA Anniversary program featured dance performances, stand-up comedy, and raffle of prizes, among others.

Anniversaries are held to commemorate significant events. They serve as markers for realized goals and the over- coming of adversities. The Court of Appeals’ 79th Founding Anniversary heralds the institution's traditions and achievements as it continues to push forward amidst changing times. Beyond the memorable festivities held on the 2nd of February 2015, we were reminded to take pride in the mission and traditions of the institution we serve in.

Let us all look forward to an even more exciting and memorable 80th Anniversary!● 4 Court of Appeals Journal

What is a CA fun runner made of? Could it be forti- your muscles start to say, “How much farther?” You pay tude, a sense of adventure, or a desire for delectation? You no mind to any kind of ache and continue to set your eyes must be willing to wake up earlier than the crack of dawn – on the prize. at around 3 o'clock in the morning to be precise. But you are not worried because your adrenaline will definitely prevail Fourth lap seems to quickly pass by since at this upon your lack of sleep. You eat a banana and sip hot green point your heart is already pumping at 148 beats per min- tea. After your cold shower, you get into your running gear – ute. But the finish line is getting nearer and nearer. At this your unofficial fun run shirt, your tight fit Nike jogging suit point you have three stickers with you and you cannot and socks, and your very comfortable Asics rubber shoes help but be proud of yourself. You have one lap to go. which are so much better than your Nike pair. And then off you go with your race bib that Atty. Dan Marqueses carefully You get to the finish line finally by a sprint! You designed for the 3.5k CA Step Up @ 79 Fun Run. feel fantastic! And one by one, officemates and familiar faces cross the finish line with a sense of achievement. You arrive at the Lapu-Lapu Monument at the Rizal Park at 5:15 o'clock in the morning. You see PJ Andy Reyes, You top the experience with a big group photo of Justice Eli Ybañez, and Justice Milet Manahan as early birds, all the runners, complete with PJ Andy, all the running all looking fresh, energetic and ready to run. Associate Justices (including Justice Magdangal de Leon and Justice Pete Corales), the very reliable CA security, And you see the running and fitness enthusiasts and the lively AFP and PNP contingent. Later, you savor a from CA, filling the field with zeal. cool down bonding moment at breakfast with members of the CA staff at a nearby McDonald's, replenishing your It's time for the warm up. You join in with Bong, fatigue with pancakes and coffee. the Zumba expert, with a little spice from Dax. You all do this together as one CA family which makes it even more You utter to yourself that you will definitely do fun. this again, maybe with more remarkable speed. You look forward to such frolic in the future, perhaps to celebrate Gun eventually starts at 6:00 o'clock in the morning CA's 80th. ● and you begin with an initial jog at about 5 kph for the first lap. Your trainer has advised that an alternate 1-minute run and 1-minute brisk walk would be good for your heart. You follow obediently.

You see how great the venue is, and you cannot help but feel the cool morning breeze. It really is a delight to see members of the CA family on your right, left, front, and back, all in athletic mode.

You hear one of them say after the first lap, “Apat pa na ganito, kaya ba natin?” And of course, the response of the rest is a resounding “Yes!”

Second lap comes easily since you still have a lot of energy. And what a joy (and relief) to meet the marshals (like Atty. Mercy Corpuz and Atty. Marcus Trabajo) who are more than willing to award you a colored sticker after finish- ing a lap.

(Top) CA Fun Runners performing warm-up exercises before the actual Third lap and you still fight to the finish although run. (Bottom) Participants pose after finishing the 3.5K run around Rizal Park. Court of Appeals Journal 5

The celebration of the Court of Appeals' 79th the changes and undertake the reforms themselves is a mo- Anniversary is made more meaningful and colorful this year mentous accomplishment, Chief Justice Sereno opined. by the presence of Chief Justice Ma. Lourdes P.A. Sereno. Insofar as the Court of Appeals’ relationship with At noon, Chief Justice Sereno joined the the Supreme Court, the Chief Justice envisions that a level incumbent and retired Court of Appeals Justices for lunch of trust be established in order that a proper delineation of at the Alex Reyes Conference Hall. jurisdiction between the two be established. That reliance may be placed by the Supreme Court upon the Court of Thereafter, Chief Justice Sereno joined the Court Appeals as the final arbiter of factual questions so the for- of Appeals community in culminating the whole day mer may focus on its task of resolving constitutional issues. celebration through the Anniversary Program. In closing, the Chief Justice reminded the Court to remain committed to its duty despite limitations. She as- sured everyone that she is aware and will continue to be “ The Court of Appeals employees are one with the Court in demanding that the appropriate forever young because their hearts benefits, compensation and facilities be provided to judges, bring very strongly the desire for re- justices, and court employees. In turn, CJ Sereno encour- aged everyone to continue to persevere and “deliver what we form, the desire to contribute genuine can within the limits of our human capacity, despite all constraints,” justice, the desire to contribute to our that we may prove worthy of the support we seek from the people’s welfare which is in a certain national government.

sense the fountain of youth of public To the delight of the program attendees, Chief Jus- service.” tice Sereno took the time to mingle and share a light mo- ment with the justices, staff, and employees of the Court of -CJ Sereno Appeals after her speech.

Co-Chairperson of Executive Committee for the All in all, Chief Justice Sereno’s presence during the celebration of the Court of Appeals anniversary gave Anniversary celebration, Justice Elisa Sempio Diy opened the justices, employees, and staff the much needed inspira- the event. She welcomed everyone to what she dubbed as tion and drive to perform their functions better in the fu- “a fitting celebration of life, camaraderie and oneness.” In her ture.● message, she reminded everyone of the court's history and mission, and challenged everyone to “step up and be counted in the quest for justice of every Filipino.”

Chief Justice Sereno then delivered the anniversary message. She recognized and lauded the Court of Appeals for its “ „trail blazing changes‟ particularly the One Stop Service Center, the Case Management Information System (CMIS) and the Zero Backlog Projects. She invited the entire judiciary to take on the example set by the Court of Appeals in its systems transformation.”

Chief Justice Sereno particularly commended Presiding Justice Andres B. Reyes, Jr. in unifying the Court of Appeals community to bring about resolution to problems and to undertake the necessary reforms. The CJ Sereno at the CA 79th Anniversary. ability to bring together sixty nine (69) Justices to agree on 6 Court of Appeals Journal

As the Visayas Station of the Court of Appeals The Chief Justice continued her speech with celebrated its 10th anniversary on October 15, 2004, the CA praises and gratitude for the hard work and dedication ex- Visayas family, led by Executive Justice Gabriel T. Ingles, hibited by the CA Visayas family which led to an impressive actively participated in the various activities held during the overall performance in terms of output of decided cases week-long celebration which culminated in a program held and lower percentage of case backlogs. CJ Sereno also in- in the morning of October 23, 2014 at the Cebu Capitol spired her audience with her assurance that the CA Visayas Social Hall. building will begin to take shape in 2016.

When the CA Visayas Station opened its doors on One of the highlights of the culminating activity October 15, 2004, it was the beginning of a new decade of was the launching of the Vision-Mission Statement and public service. Ten years ago, the Station was formally Core Values of the CA-Visayas Station, which reads: “ VI- opened to the public and was graced by former Chief Jus- SION-MISSION: To become a highly credible court truly tice Hilario Davide and President Gloria Macapagal- worthy of public trust which is able to dispense swift and Arroyo. The justices held their first en banc session on that impartial justice for all.” same day. In addition, the CA Visayas Station formulated the To commence the 10th Anniversary celebration, a following core values: mass was held in the morning at the hearing room of CA Visayas Station. In the afternoon, EJ Ingles held a dialogue “C – COMPETENCE; with the CA Visayas Station employees regarding their con- cerns and issues pertaining to the workplace. O – OUTSTANDING (EXCELLENCE);

All throughout the week, an exhibit was displayed U- UNITY (TEAMWORK); at the entrance lobby of the CA Visayas building which gave the public a glimpse of how the CA Visayas station R - RESPONSIBILITY (FAITHFUL SERVICE); had evolved through the years. The employees also had their “throwback” moments looking at photographs of how T – TRANSPARENCY (INTEGRITY).” they, and things, were. Another special portion of the culminating pro- The Court of Appeals Lawyers League (CALL) gram was the recognition of the pioneering employees of Cebu also initiated an outreach program for the inmates at the CA Visayas Station. There were quite a number of them the Cebu Provincial Detention and Rehabilitation Center who have served the CA Visayas Station since its establish- (CPDRC). Some lawyers and staff from the offices of the ment in 2004.● Division Clerk of Court and Judicial Records Division spoke with selected inmates regarding the status of their pending cases.

The culminating event at the Cebu Capitol Social Hall allowed the CA Visayas station employees an opportu- nity to see and hear Chief Justice Maria Lourdes P.A. Sereno. The Chief Justice spoke about the strength of the Visayans. It was quite apt considering that only a year ago, on October 15, 2013, portions of the Visayas region, in- cluding Cebu were ruined by a very strong earthquake. Yet, the Visayas, in general, and the CA Visayas Station, in par- ticular, rose above the ruins and continued with the exem- plary public service it strives to be known for. CJ Sereno poses with PJ Reyes and CA – Visayas Station Justices and Staff. Court of Appeals Journal 7

The Court of Appeals Mindanao station celebrated its 10th anniversary last December 5, 2014. The distinguished guests were Chief Justice Maria Lourdes P.A. Sereno, Presiding Justice Andres B. Reyes, Jr., and Mayor Oscar S. Moreno of Cagayan de Oro City. Other justices from CA Manila and CA Visayas, as well as Deputy Court Administrator Jenny Lyn Delorino and Assistant Court Administrator Theodore Te, likewise graced the occasion. The event was simultaneously held with CA-Mindanao's 2014 Christmas party. Below are some of the pictures highlighting the event. 8 Court of Appeals Journal

At the heart of the Court's ad- ■Thirty five (35) years in ser- Perla Panganiban ministration are its employees. Thus, it vice: Nelia Siao is only right that the Court of Appeals, Ms. Nelita Asuncion Crisanta Viola on the occasion of its anniversary cele- Ms. Loida Balana Ma. Luisa Viovicente bration, pay tribute to its employees who have dedicated their lives in the ■Thirty (30) years in service: The Court is hopeful that this simple service of the Court for forty (40), Mario Allatica gesture inspires not only the awardees but the thirty five (35), and thirty (30) years. Irenea Badayos new breed of court personnel as well to work Jerry Catalan hard in the service of the Filipino people Along with Justice Hakim S. Lolita Corpuz through the Court of Appeals for years to Abdulwahid, Chairperson on Commit- Belma Correos come.● tee on Personnel, and Ms. Juanita Tiba- Lea Dacumos yan-Castro, Chief of the Personnel Di- Virgelio Dakay vision, Presiding Justice Andres B. Roslindo Dela Cruz Reyes, Jr., presented this year's service Bernie Ebrada awardees during the Court's anniver- Lawrence Gusto sary program on 2 February 2015. They Mercedes Gutierrez are: Ronnie Inacay ■ Forty (40) years in service: Eunice Jimenez Mr. Teotimo Vallar III Rodolfo La Madrid Service Awardees with PJ Reyes and Justice Abdulwahid

It was early last year when Presiding Justice Andres The Gender and Development Committee (CA- B. Reyes, Jr. approached GAD), headed by its Chairperson Justice Remedios Salazar- Sec. Florencio Abad of Fernando and Co-Chairpersons Justices Jane Aurora Lan- the Department of tion, Manuel Barrios and Leoncia Dimagiba, led the Court Budget and Management of Appeals in celebration of the 2015 National Women's for the augmentation of Month with a film screening of “English Only, Please” on the Court’s security March 18, 2015 at the Session Hall of the CA Centennial force. Rather than create Building. new plantilla positions, Sec. Abad provided budget for the hiring of a security Digital copies of the film are not yet available in agency to serve the purpose. The need for new security the market. Thankfully, the special screening was made personnel was brought about by the influx of the Court's possible through the generosity of the film’s producer, Atty. visitors in the last couple of years and the increasing de- Jojit Alonso, who lent her copy. Selected court employees mand for tighter security measures within the Court prem- were then able to enjoy the film in vivid color. ises.

On 16 December 2014, thirty-two (32) new secu- Presiding Justice Andres B. Reyes, Jr. opened the rity personnel, fondly referred to in the Court as the “Blue well-attended screening with a welcome address which fo- Guards,” commenced working for the Court to augment cused on the advancement of gender-issue awareness in the existing thirty-three (33) strong security force. The Blue Philippine law and society. While recognizing the achieve- Guards are from the Commander Security Agency, the win- ments of the country in promoting gender equality, PJ ning bidder from last year's advertisement. Reyes reminded his audience that all progress must be bal- anced with our adherence to Filipino and Christian values. The newly-hired Blue Guards are tasked to man the Court gates, maintain visibility in most of the buildings The film screening proceeded shortly. “English within the Court, and to organize and monitor the employ- Only, Please” stars actress Jennylyn Mercado as Tere ees' time card and I.D. system. ● (Continued on p. 14) Court of Appeals Journal 9

Since 1936, upon the creation of the Court of Ap- and earlier, and 1981 to 2007. These shall be the first case peals, a number of cases were filed before this Court. The rollos to be disposed by the Court in 79 years. influx of these voluminous cases continue to this day. However, the Court's Internal Rules of Procedure requires Recently, the Judicial Records Division has ac- only records to be remanded to the courts/agencies of ori- counted an estimated 53,000 case rollos for disposal: (a) gin for execution of judgment; the rollos are retained. These 20,000 of which cover cases terminated in the year 1980 rollos continue to pile up in the Court's record warehouses and earlier which are now ready for initial disposal; and (b) (bodegas), which now extend to corridors and hallways. They 33,000 cover cases terminated from 1981 to 1989, all of are not only an eyesore to the visiting public, but also a which have already undergone the process of picture in- health hazard to Court employees. ventory, and whose essential documents have already been detached. To address the problem, the then Presiding Jus- tice, the late Romeo A. Brawner, created a Disposal Com- After the initial disposal, the Disposal Committee mittee chaired by the then Clerk of Court Atty. Elisa B. shall proceed to send out notices to parties and lawyers of Pilar-Longalong. Since then, the Court adopted several the second tranche of case rollos to be disposed, as required measures in effecting the disposal process. In the year by the Internal Rules on the Proper Disposal of the Case Rollos of 2008, the Supreme Court issued Administrative Order No. the Court of Appeals. 170-2008 setting the guidelines in the disposal of court records and exhibits. These case rollos shall be forwarded to the Paper Mills in Marikina City for recycling purposes. The proce- When the late Justice Conrado M. Vasquez, Jr. dure shall be witnessed by the Chairperson, Atty. Teresita took over as Presiding Justice, he issued Office Order No. R. Marigomen, and the members of the Court of Appeals 664-09-CMV forming an ad hoc committee chaired by the Disposal Committee. then Court of Appeals, now Supreme Court Associate Jus- tice, Martin S. Villarama, Jr. who at that time was serving as A ceremonial disposal of the case rollos was held the Chairperson of the Committee on Records Manage- last February 2, 2015 in the lobby of the CA Centennial ment and Information System. The purpose of the ad hoc Building. The attendees included Presiding Justice Andres committee was the drafting of the internal rules for the B. Reyes, Jr., Supreme Court Associate Justice Martin S. proper disposal of the rollos of the Court. In 2009, the Villarama, Jr., the representatives from the National Ar- Honorable Supreme Court approved the Internal Rules on the chives of the Philippines, Ms. Jenny Litigio and Ms. Jan- Proper Disposal of the Case Rollos of the Court of Appeals by way nette Francia, and the representatives from the Commis- of En Banc Resolution in A.M. 09-07-06-CA. sion on Audit, Chief Auditor Lizza Abellera and Mss. Janeth Cervantes and Basilisa Savandal.● In order to facilitate the processing and implemen- tation of this project, the Honorable Presiding Justice Andres B. Reyes, Jr., took the initiative of hiring ten (10) Court Aide II contractual employees in the year 2010 to conduct the physical inventory, listing, and encoding of rollos of cases terminated in the year 1980 and earlier.

Another batch of eight (8) contractual employees was hired in November 2014 to conduct the picture inven- tory, to detach copies of Entries of Judgment, Letters of Transmittal, CA Decisions, Motions for Reconsideration, and other equally important documents of these cases. The same meticulous process was adopted for cases terminated in the years 1981 to 1989. Supreme Court Justice Martin S. Villarama, Jr. in the ceremonial disposal of To date, the Court has a total of 226,000 case rollos case rollos on Febraury 2, 2015. As a CA Justice, he chaired the ad hoc for disposal covering cases terminated in the years 1980 committee which drafted the internal rules for the disposal of old rollos. 10 Court of Appeals Journal

February 22, 2015 marked the fifth year of Hon. Andres B. Reyes, Jr. as the Presiding Justice of the Court of Appeals. In commemoration of this momentous event, PJ Reyes attended the mass officiated by Fr. Allan Samonte, and thereafter invited members of the Court, the Justices, the Division Clerks of Court, and the Division heads to join him in his celebration through a luncheon served at the Alex Reyes Hall.

PJ Reyes is a third generation justice, he being the son of the late Court of Appeals Presiding Justice Andres C. Reyes, Sr., and the grandson of the late Supreme Court Associate Justice Alex Reyes. Presiding Justice Andres B. Reyes, Jr. Prior to his appointment as the Presiding Justice in February, 2010, he served as Associate Justice for 11 years.●

Seven Justices of the Court of Appeals, including 1. Legal Profession: cross-border practice of law in the Presiding Justice Andres B. Reyes, Jr., took part in the 12th ASEAN; General Assembly of the ASEAN Law Association con- 2. Alternative Dispute Resolution: strengthening ADR ducted in Makati from February 25 to 28, 2015 and in Bo- mechanisms for ASEAN integration; racay Island from March 1 to 3, 2015. 3. International Law: mechanisms for multi-lateral legal cooperation in the ASEAN community; Accompanying Presiding Justice Reyes in the Gen- 4. Business Law: harmonization of laws in commercial arbi- eral Assembly were Justices Rosmari D. Carandang, Mag- tration, free trade and ASEAN treaties on comprehensive dangal M. de Leon, Romeo F. Barza, Mario V. Lopez, Elihu investment protection; A. Ybañez and Danton Q. Bueser. 5. Trade and Investment: inputs for a common ASEAN position on trade and investment dispute under WTO rules The 12th General Assembly highlighted the theme and procedure; and of “Sharing Prosperity at the Crossroads of ASEAN Inte- 6. Legal Education: legal education in ASEAN countries gration: The Legal Challenges.” Composed of ten member relating to ASEAN integration. states in Southeast Asia, the ASEAN envisages an eco- nomically and socio-culturally integrated region with inter- Each workshop group presented scholarly re- dependence in the areas of trade, finance and human re- searches of various legal experts. sources. Enhancing the compatibility of the different legal systems of the ten countries is critical to the success of the Presiding Justice Reyes, together with former Su- ASEAN integration. preme Court Justice Adolfo Azcuna and UP College of Law Professor Atty. Concepcion Jardeleza, organized the The first leg of the Assembly opened with a Golf Delegates’ Luncheon on February 26 as members of the Chapter Tournament at Wack Wack Golf Country Club on Assembly's working committee. February 25. The Plenary Session opened on the following day at the Shangri-la Hotel in Makati. Meanwhile, Justice Magdangal de Leon delivered the closing remarks for the farewell dinner conducted on The delegates earnestly organized into workshop February 28. Justice De Leon is also ALA Philippines' Gov- groups to discuss six legal challenges that are at the fore- erning Council Representative. front of the integration agenda: (Continued on p.11) Court of Appeals Journal 11

After the Committee on provides that all necessary repairs or al- Office Uniforms for Female Em- terations for the first batch shall be com- ployees, chaired by Hon. Justice pleted free of charge before payment of Marlene Gonzales-Sison, has care- the second batch, and shall be delivered fully studied the creation of new sets within ten (10) calendar days from notice. of female uniforms and the proper observance of the applicable proce- Following the terms and condi- dure in the procurement thereof, the tions above mentioned, the Contractor Court of Appeals, on November 5, made the final delivery of the remaining 2014, entered into a Contract of sets of female uniforms on March 9, Agreement with La Marina Enter- 2015. On even date and subsequent date, prises for the Supply and Delivery of the contractor accepted all sets of uni- four (4) sets of Uniforms for 861 forms which needed to be repaired or Female Officials and Employees at altered. Whilst another day for alteration Four Million One Hundred Sixteen is forthcoming, the Committee expects Thousand Two Hundred Pesos that the new uniform roll out will be com- (P4,116,200.00). Of the 861 female pleted soon in time for the next quarter. employees, 841 pertain to the Chief of Divisions and rank-and-file em- The new sets of the office uni- ployees, and 20 to the Clerk of forms for female employees are made up Court, Assistant Clerk of Court and of high quality materials that are more Division Clerks of Court. Ms. Liza Regala from the OPJ comfortable and pleasant to wear. They are designed to conform with the intent of maintaining The contract provides that the Contractor agrees modesty and proper decorum pursuant to Civil Service to deliver the uniform by batches: the first batch shall be Rules and also to maintain the impression that the officials delivered on the 90th day upon receipt of the Purchase Or- and employees of the Court of Appeals are performing der (P.O.), and the second batch shall be delivered on the and/or discharging their duties with the highest degree of, 120th day after the receipt of the P.O. The contract likewise inter alia, excellence, professionalism and skill.●

Justices Participate in ASEAN… from p.10

The delegates flew to Boracay Island for the sec- ond leg of the Assembly. It commenced with the ASEAN Chief Justices' Meeting at Shangri-la's Boracay Resort & Spa followed by a luau reception at Discovery Shores Ho- tel. The delegates were treated to warm Filipino hospitality in the world famous island resort.

The Assembly closed on March 3, 2015 with the departure of the delegates to their respective countries.

ALA is a non-governmental association of lawyers in the ASEAN region. It was established in 1979 with the aim of bringing together all the different branches of the law profession in South East Asia under one forum. It also facilitates collaborations of ASEAN Participants of the ALA 12th General Assembly (Photo courtesy of ASEAN lawyers to understand and harmonize laws in the region. It plays a Law Association). complementary role in promoting a common ASEAN focus on key issues and policies.● 12 Court of Appeals Journal EDITORIAL

In the celebration of our 79th Founding Anniver- round of applause for Congress' understanding that we indeed need sary, Chief Justice Maria Lourdes P.A. Sereno delivered an support. address to the Court of Appeals' personnel regarding the judiciary's budget allotment. I see this as an indication that Congress and the public are now willing to listen to us. My theory is while this additional money is The Chief Justice's message underlines two of the not even allowed to reach 1 percent of the national budget of P2.6 main aspirations of the judiciary: asserting its institutional trillion, still, it is a signal that our people are willing to listen to our independence through fiscal autonomy and sufficiency; and voices. Let our voices be heard not only [as to] what we need from the achieving judicial excellence in public service and delivery government in terms of supporting us, but let our voices also be heard of justice. Mindful of the inspiring values that the message in what we concretely have been giving up for them in order that justice imparts on court employees, this Editorial reproduces por- may be realized. tions of Chief Justice Sereno's speech below: And in this light, because we have given up many, especially “Ito naman po ang aking maikling mensahe sa aking mga the Justices of the Court of Appeals have given up the alternative of kapatid sa Court of Appeals. Alam po natin na hindi gaanong pursuing a materially lucrative life in active practice as against fixed kalakihan ang ating budgetary support mula sa national government. compensation like in government service. Let it be known therefore At alam po natin noong isang dekada, pinag-aralan po na ang igi- that we have a just cause in asking that appropriate levels of benefit be nugugol ng national government sa judiciary at ang conclusion po natin given to our people: rank-and-file and the justices and judges as well . sa judiciary, naglalaro po between .7 at .9 percent lagi ang ating share sa national budget. For the first time in history, Congress deemed it We will continue to make these facts clear to everyone. That worthy to give the judiciary an amount of more than P800 million rendering [of] justice requires sufficient investment in personnel sup- over what was proposed by the executive department in order to sup- port, in logistic and material infrastructure, and it is not just a one- port our automation project and other small requests. So please give a way street where [the] demand being given is to render justice and the

Court of Appeals Journal 13

appropriate tools are not being given us. It must be a fair relationship- In this context, the Judiciary should push for the relationship between us and those who are required to support us. greater fiscal autonomy and sufficiency. We commend the It must be founded also on justice. Chief Justice in upholding our independence and in inspir- ing the court employees, judges, and justices to strive for To the extent that I can, I have been looking at this prob- judicial excellence. We must heed Chief Justice Sereno’s lem day in and day out, and you can just imagine the sense of frustra- message. We should provide an efficient and responsive tion that I feel every time I recognize the limitations that tie my hands. service to the Filipino people and in turn they will recipro- But at the same time, I am also keenly cognizant of the fact that the cate our efforts by listening to our voices.● situation is not only being felt by us in the judiciary. There are in gov- ernment employees, fellow workers whose benefits are even less. Let us not forget them, but also let us put into context that the decision to invest is a matter that is not for the judiciary to decide that but it is a * Portions of the speech delivered by Chief Justice Maria Lourdes matter for those the constitution have vested with the power to decide P. A. Sereno during the CA Step Up @ 79 (1936 to 2015) pro- how to allocate resources without our country. And yet we will continue gram on 2 February 2015, Court of Appeals Auditorium, Manila. to persevere, and we will not fail in delivering what we can within the limits of human capacity despite all the constraints that we face.

Court of Appeals Journal “Of course, we are hoping we will be more appreciated by the national EDITORIAL COMMITTEE government while we are doing our best,

but we will give our very best, PRESIDING JUSTICE ANDRES B. REYES, JR. Chairman/Editor-in-Chief nonetheless. We will not stop, we will not yield, we will always hope, and we will EXECUTIVE JUSTICE ROMULO V. BORJA always love our country.” EXECUTIVE JUSTICE GABRIEL T. INGLES Associate Editors

JUSTICE JOSE C. REYES, JR. The fact perhaps that we are undercompensated here in the JUSTICE MAGDANGAL M. DE LEON JUSTICE MARLENE GONZALES-SISON Philippines is not reason for us to lose any time in trying to render JUSTICE FRANCISCO P. ACOSTA service. It does not allow us to be irritable with the public who is ask- JUSTICE CARMELITA SALANDANAN-MANAHAN JUSTICE MARIA ELISA SEMPIO DIY ing for us to give according to the Rules status of their cases. It does Editors not mean that we will work less. That has not a direct cause-and-effect relationship as far as legal responsibilities are concerned. We will give ATTY. MELIECAR R. CASTRO our very best. Of course, we are hoping we will be more appreciated by ATTY. JELAND OMER L. PORMENTILLA ATTY. ANGELO M. MUÑIZ the national government while we are doing our best, but we will give Managing Editors our very best, nonetheless. We will not stop, we will not yield, we will always hope, and we will always love our country.” * ATTY. ARNEL MACAPAGAL * ATTY. LOURDES APAWAN MR. RENATO M. SISTER * MR. AMIEL DE VERA MR. ERWIN L. GONZALEZ As officers of the Court, we all have visions for a Contributors more efficient and responsive service in the delivery of jus- tice. However, we settle for less primarily due to the limita- MS. KARENE M. MENDOZA * MS. LIZA R. REGALA tions imposed by our small budget. MR. CONRADO C. CALACAR * MR. RONALD CESAR CRUZ Editorial Staff It is true that judicial excellence springs forth from an enlightened, dedicated, and faithful court. But that's only MR. MANUEL DEVERAS, JR. half the story. Achieving judicial excellence also requires a Photographer guarantee from the state that it will pour sufficient invest- The Editorial Committee welcomes articles, news and other manuscripts ment for the maintenance and development of the court for publication. Please submit all contributions to the Office of the Editor at and that the court shall have discretion over this investment Room 301, Court of Appeals Main Bldg., Ma. Orosa St., Ermita, Manila. pursuant to its mandate as an independent institution. Comments and criticisms are also welcome. 14 Court of Appeals Journal

Members of the Court of Appeals Judicial Records inspected the Visayas station's computer infrastructure and Division (JRD) and Internal Audit left for the CA Visayas upgraded all needed software for the better implementa- station last 8 March 2015 for the annual inventory of court tion of the CA-CMIS. cases. The JRD and Internal Audit teams conducted a thor- ough search of all cases filed, pending, and resolved by the The team stayed in Cebu for two (2) days, and CA Visayas station since its inception in 2004. Included in the thereafter flew to CDO for another two (2) days to con- search were the cases filed in the Manila station which were duct the same training and inspection. eventually referred to the Visayas station for proper action. The JRD team consisted of Mr. Fernando Prieto, In addition, the teams also complied with the man- Mr. Boy La Madrid, Ms. Catherine Calubaquib and Ms. date of Presiding Justice Andres B. Reyes, Jr. to take a picture Delia Carrera. The Internal Audit team included Ms. Na- inventory of all of these cases. This meant that photographs tividad Damil, Mr. Emmanuel Nuevo, Mr. Ron Dela Cruz, of all the rollo covers were taken in order to (1) prove the exis- Ms. Maria Teresa Soliman, Ms. Arlyn Llaguno, Ms. Rey- tence of the actual rollos, and (2) come up with an accurate nelda Rotairo, and Mr. Romano Cajucom. For the CA- inventory of the details per case. Employees in the Visayas CMIS, the team was composed of Atty. Rey, Atty. Jeland station participated in the inventory by rendering overtime Omer L. Pormentilla, Mr. Nelson Eusebio, and Mr. Hel- work. bert Santos.●

After staying in Cebu for one (1) week, both teams travelled to the Mindanao station for the same action. They stayed in Cagayan de Oro City for the same amount of time.

Meanwhile, another team, the CA-CMIS team, re- vived the CA-CMIS Users' Group of the Visayas station and conducted a training-seminar for all CA-CMIS users. The Assistant Clerk of Court for Manila, Atty. Anita Jamerlan- Rey, facilitated the training and answered all the users' queries regarding the full utilization of the CA-CMIS.

She also reviewed the dashboards of the Justices and the Division Clerks of Court to point out both the correct Assistant Clerk of Court, Atty. Jamerlan-Rey, conducts a training-seminar and erroneous entries in the CA-CMIS. The team likewise for CA-CMIS users.

CA Celebrates Women’s... from p.8

Madlansacay, an English tutor, and actor Derek Ramsay as the Best Actress and Best Actor awards for their perform- Julian Parker, a Fil-Am balikbayan who wants to learn Fili- ance in the film. pino. Atty. Flordeliz Cabanlit-Fargas, Chief of the Pol- In the film, Julian hired Tere to help him translate icy and Development Research Office of the Judicial and and deliver in perfect Filipino accent an angry letter to his Bar Council (JBC), provided a gender-perspective critique Filipina ex-girlfriend. Tere, who has relationship woes herself, of the film. She emphasized the roles and stereotypes that helped Julian not only in translating his letter but in solving the film ascribes to its characters. Atty. Flor noted that his emotional troubles as well. generally, female characters are depicted as weak and as objects of sexual desires of the male characters who in “English Only, Please” is a successful box-office en- turn are depicted as “macho” and as womanizers. Atty. try in the Metro Manila Film Festival and winner of numer- Flor invited the audience to become more alert and critical ous awards. Jennylyn Mercado and Derek Ramsay also won of these stereotypes.● Court of Appeals Journal 15

Wearing red and black shirts in July 2014, the Asso- Indeed, the passage of RA No. 10653 is a victory ciation of Court of Appeals Employees (ACAE) together for government workers whose meager compensation in- with the other associations and crop organizations under the come is not even enough to live a decent life. The law pro- Judiciary Employees Association, protested the implementa- vides a big relief for salaried and wage earners from bur- tion of BIR Revenue Memorandum Order (RMO) No. 23- densome taxes. However, this, should not stop the workers 2014, a directive to tax judiciary employees' additional com- in the public sector in their quest for a genuine tax reform. pensation (adcom) income, i.e. allowances, bonuses and benefits. The Court employees felt that the Memorandum Based on the prevailing tax rates in the ASEAN Order was oppressive as it ran counter to the principle of region, the Philippines has the highest income tax at 32%. non-diminution of benefits. Thus, it is high time that the country’s individual income tax system be calibrated to make it globally competitive and Joined by employees associations of other govern- responsive to current realities. ment agencies, the court employees likewise filed a petition for certiorari and mandamus before the Supreme Court on Marginal Tax Rate for ASEAN Countries August 6, 2014 seeking to prohibit the BIR from implement- ing RMO 23-2014 and to ultimately annul the same; and to Tax Rate for Tax Rate for compel the respondents, Commissioner of Internal Revenue Country Highest Lowest In- VAT Rates and Secretary of Finance, to upgrade the ceiling of P30,000 Income come in the 13th month pay and other benefits given to govern- Bracket Bracket ment employees. THE PETITION IS STILL PENDING Vietnam 35% 5% 10% WITH THE SAID COURT. Thailand 35% 5% 7% Hearing the plight of government workers, the Con- Philippines 32% 5% 12% gress of the Philippines passed RA No. 10653 which raised the cap of tax exemptions on bonuses of government em- Indonesia 30% 5% 10% ployees from P30,000.00 to P82,000.00 amending Sec. Malaysia 26% 2% 6% 32(B)(7)(E) of the NIRC, to wit: Myanmar 25% 5% 5% “Section. 32 (B)(7)(E) – Other benefits such as productivity Laos 24% 5% 10% incentives and Christmas bonus: Provided, that the ceiling of Eighty Cambodia 20% 5% 10% Two Thousand Pesos (82,000.00) may be increased through rules and regulations issued by the Department of Finance, upon rec- Singapore 20% 2% 7% ommendation of the Commissioner.” Source: AIM Policy Center compilation of tax structure for ASEAN countries.

On February 12, 2015, President Benigno S. Aquino At present, numerous bills have been introduced in III signed into law RA No. 10653. The new law covers al- both Houses of Congress which aim to adjust the tax th lowances, bonuses, including 13 month pay and Christmas bracket on compensation income tax from 32% to 25%, bonus. amending Sec. 24 of the National Internal Revenue Code of 1997. Another salient feature of the new law is the auto- matic adjustment of the ceiling every three (3) years taking Lowering the rates of taxes on individual income into account inflation, despite the failure of the Secretary of will increase the monthly take home pay of workers, thus, Finance to promulgate rules and regulations. Sec 2 of the making it at par with the increasing prices of basic goods Implementing Rules and Regulations of the said law man- and services. As part of its duty to help uplift the economic dates that “the Secretary of Finance shall promulgate the conditions of its members, the ACAE supports the various necessary rules and regulations for the faithful and effective moves to reform the tax code of the Philippines and ap- implementation of the provisions of this Act; Provided, peals to the members of both houses of Congress to imme- that, the failure of the Secretary of Finance to promul- diately pass the numerous tax reform bills filed in their re- gate the said rules and regulations shall not prevent the spective chambers.● implementation of this Act upon its effectivity.” 16 Court of Appeals Journal

Thirteen (13) CA personnel will be joining the  Ms. Angela Michelle Paguio graduated from the Uni- ranks of the court’s lawyers after the Supreme Court re- versity of Sto. Tomas. She is a member of Libertas Et leased the 2014 list of bar passers. The bar passers from Justicia movement and is currently an Executive Assis- the CA Staff are as follows: tant V at the Office of Justice Elihu A. Ybañez.

 Ms. Janice Ivy Valparaiso graduated from San Beda  Ms. Pristine B. de Guzman is in the dean’s list when College of Law. She is one of the founding members she graduated from San Beda College of Law, Manila. of San Beda Law Human Rights Advocates. She is At present, she is an Executive Assistant V at the Of- currently employed at the Office of Justice Pedro fice of Justice Carmelita Manahan. Corales.  Ms. Katrina Jorelle P. Villena  Ms. Mardane Gizelle A. De Castro “The law is the calling of is a graduate of San Sebastian Col- graduated from Lyceum of the thinkers... I say—and I say no lege-Recoletos, Manila with a Juris Philippines University. She has longer without any doubt—that Doctor degree. She is currently been working in the Court of Ap- a man may live greatly in the law working as Executive Assistant V peals for five (5) years as an Ex- at the Office of Justice Sesinando ecutive Assistant IV at the Office as well as elsewhere; that there Villon. of Justice Samuel H. Gaerlan. as well as elsewhere his thought may find its unity in an infinite  Ms. Katrina P. Cruz is a prod-  Mr. Carlo F. Evangelista received perspective; that there as well as uct of Benedictine education, she his Juris Doctor degree from the elsewhere he may wreak himself graduated with a Bachelor of Laws Ateneo De Manila Law School in upon life, may drink the bitter degree from San Beda-Mendiola 2014. He presently works as an cup of heroism, may wear his in 2014. In the summer of 2013, Executive Assistant VI at the Of- heart out after the unattainable.” she was a legal intern at the Na- fice of Justice Ramon A. Cruz. poli Bern Ripka Schkolnik, LLP. She is currently working as an Ex-  Ms. Jenette Ocampo-Pueca en- -Oliver Wendell Holmes, Jr. ecutive Assistant IV in the Office rolled at the University of the East of Justice Acosta. College of Law in 2001. She al- most gave up her law studies when she got married.  Ms. Ma. Angela B. Bonifacio, from the Office of Jus- Now with three (3) children, she finally earned her law tice Celia Librea-Leagogo is currently holding the posi- degree in 2014. She currently works at the Office of tion of Executive Assistant II. She previously worked Justice Leoncia Dimagiba. as a Corporate Paralegal at Castillo Laman Tan Pan- taleon & San Jose, and at Reyes-Fajardo & Associates,  Mr. King James Carlo C. Hizon obtained his law de- respectively. She earned her Bachelor of Laws degree gree from the University of Sto. Tomas in 2014. An from San Beda College of Law-Manila. active student, he became an Executive Committee member of the UST Law Review. He is presently  Mr. Marco Angelo Felix Lim Lopez earned his Juris working as an Executive Assistant V at the Office of Doctor degree from the University of the Philippines Justice Edwin D. Sorongon. College of Law in 2014. Aside from passing the Bar Examinations, he also hurdled the 2013 Foreign Ser-  Mr. Kenneth James Carlo C. Hizon, like his identical vice Officers Examination. He is currently working as twin brother, King, finished law school at the Univer- an Executive Assistant VI at the Office of Justice sity of Sto. Tomas. He was also an Executive Commit- Mario V. Lopez. tee member of the UST Law Review and now works with his brother as an Executive Assistant V at the  Ms. Kriselle Sulit Balmes graduated in San Beda Col- Office of Justice Edwin D. Sorongon. lege of Law in 2014. She is currently employed in the Office of Justice Mario V. Lopez as an Executive As- sistant V. Court of Appeals Journal 17

“ I am a little bit late...but I am here.” He gave hope to the victims and survivors of typhoon Yolanda and Bohol quake. He inspired million others whose lives are in turmoil. News of the catastrophic devastation by typhoon Yolanda hastened the trip to the Philippines of the 78-year He personified simplicity and humility despite his stature as old Jorge Mario Bergoglio, who was elected Supreme Pontiff the Supreme Pontiff of the Roman Catholic Church and head of the of the Roman Catholic Church on March 13, 2013. Ber- Vatican State. He did not shy away wearing rubbish bags as raincoat goglio, also known as Pope Francis, felt he had to be with to protect himself from the rain. the distressed and dispirited Filipino people, comfort and inspire them, and give them hope. Thus, in his apostolic visit He was fearless and selfless. He did not care about himself in on January 15-19, 2015 to the country, the theme was defying his security escorts despite the threats to his life. He fearlessly “Mercy and Compassion.” insisted on using open mobile transports. He was more concerned with the people. He wanted to reciprocate the love and enthusiasm of the An estimated six million people gathered at the Ri- people, who braved the heat of the sun and the rains, calmly stood be- zal Park to participate with the Pope in his final Eucharistic hind concrete human barricades, and patiently waited for the opportu- celebration in the Philippines; hundreds of thousands more nity to see him in the flesh, even camping overnight along the streets. welcomed and followed the Pope in his visit and encounter with the Philippine leaders and members of the diplomatic He reached out to and has high regard for the poor and the corps in Malacañan Palace, with priests, religious and minis- ordinary. He made the people realize their self-insufficiency though over- ters at the Manila Cathedral, with families at the SM Mall of flowing with earthly wealth. He challenged the people to think of, im- Asia Arena, with the poor and survivors of calamities as well merse and live with the poor, weep for their pain. Listen to and do as priests, seminarians and religious in Tacloban City and something for them, and learn how to become beggars. By learning how Palo, Leyte, and with religious and ecumenical leaders and to beg, the Pope said, we learn that we are not self-sufficient and that we the youth at the Pontifical University of Santo Tomas. The too should realize our own poverty and our need to receive with humil- Pope also had off-the-cuff meetings with orphans, the sick ity. The Philippines, despite its economic gains in the last few years, is and the poor. still an economic minion compared to the rest of Asia and the world. It is this kind of oppressive poverty and ineptness that pushes the Filipinos Here are some testaments and observations during to depend and hold on to each other during desperate times and needs, a his 5-day visit in the Philippines why Pope Francis is called tribute to our culture of bayanihan. the People's Pope, who is loved and adulated not only be- cause of his teachings and acts but also because of his mercy To the Filipino youth of today who are so busy and confused and compassion to the Filipino people. with the array of information accessed through technology, he posed this challenge: “We should use the three languages of the mind, heart and By his limitless smile and bountiful charm, Pope Francis hands harmoniously. What we think, we must feel and put into prac- endeared himself to the people of the Philippines. He never got tired of tice.” Filipinos are gadget-loving people, at times wrongly so. The Pope smiling, waving and touching lives of so many people he met or even just made us recognize that it is enough that we know. More importantly, passed by. the information and idea that we must be inculcated in our heats and shared for the betterment of other people's lives. He deviated from his prepared English speeches and spoke the language of his heart with spontaneity by communicating in Span- He also embraced the Filipino people's tradition and culture ish, delivered in his native Argentinian accent. He humbly acknowl- of intercessory prayer and in giving importance and protection to the edged his physical limitations and weaknesses so he can always ask the family. He is a fervent Marian devotee, the reason why he was gifted a people to “[p]lease don't forget to pray for me.” commissioned sculpture of Mary Undoer of Knots by the Philippine President. As for his devotion to Joseph, he has one statue beside his People saw in him the image and person of Jesus Christ. Peo- bed as a reminder of his need to rest. Like Francis, the Filipinos be- ple strongly believed that by merely seeing, much more touching, the lieved in the power of intercessory prayer by imploring for God's help Pope, they were blessed and healed of their physical and spiritual ill- through the intercession of saints. nesses. (Continued on p.19) 18 Court of Appeals Journal

The five-day January 15 to 19, 2015 visit of Pope For the second time, we decided to walk towards the Francis to the Philippines was the third pontiff's visit to foot of Ayala Bridge in anticipation of the passing of the the country after Pope Paul VI and John Paul II. These Pope mobile onto Manila Cathedral. At the foot of Ayala five (5) days were declared by President Aquino as non- Bridge, some rallyists gathered and denounced the govern- working holidays. Pope Francis visited Manila, Tacloban ment's expenditures on the Pope's visit, all in the exercise of and Palo, Leyte to pray for the victims of Typhoon their freedom of speech. Yolanda, the strongest storm to hit the country. The theme of the papal visit is MERCY AND COMPAS- Again, we found a vantage place where few people SION, in Filipino, “HABAG” AT “MALASAKIT”. were lined up. This time, we were able to catch a better glimpse of His Holiness with intense and indescribable feel- On January 16, 2015, Friday, my family stood ing as the Pope showed up and waved his hand at us. along the sidewalk of J.P. Laurel Street, San Miguel, Manila to wait for the convoy carrying Pope Francis. Every time As all roads leading to Manila Cathedral were closed motorcycle-riding police officers passed by, the crowd to vehicles, we walked towards Bonifacio Monument where a cheered and clapped in anticipation of his arrival. Our big screen was set-up showing the live coverage of the Pope's spirit were never dampened despite the radio broadcast activities. Though tired from the 6 to 7 kilometer walk, we announcing that Pope Francis boarded a closed Volks- went home fulfilled and blessed. wagen Touran enroute to Malacañan Palace to assure his safety. The crowd was composed of people from all walks While resting at home, I received a text message of life, some coming from nearby provinces. Some were from a thoughtful person offering me tickets for the Pope's balikbayans who really scheduled their trip to the Philip- mass at the Quirino Grandstand on January 18, 2015, Sunday. pines to coincide with the Pope's visit. There were parents I immediately answered and requested for tickets. Three (3) of small children who lifted their babies hoping to be tickets were delivered to our residence at 11:00 P.M. on Janu- kissed and hugged by the Pope. However, they were pre- ary 17, 2015. I surfed the website for the instructions, rules vented from approaching the Pope by police officers, and regulations in attending the mass, such as the use of barangay officials and church volunteers. transparent bags and raincoats by the attendees.

As the papal convoy passed by, the guards in On January 18, 2015, Sunday, it rained steadily the black suit standing on the vehicle ahead looked amazing. whole day. All roads leading to Quirino Grandstand were Their eyes were staring steadily and fiercely at the move- closed to vehicular traffic. We needed to park from a distance ment of the crowd. The selected media men in an open as all sidewalks and even gas stations were occupied. We van with big cameras tilting 360 degrees were focused on walked from Otis-U.N. Avenue to Ma. Orosa Street, the en- the movement of the Pope's car. try point for those who would be accommodated in the quad- rant which closed at 1:30 P.M. As the white Volkswagen Touran passed speedily with the passenger window rolled down, the Pope waved The mass started at 3:00 P.M. Persons with disabili- his hands to bless the crowd. With a sweet smile on his ties and the underprivileged were the lectors. The Pope in his face, we felt his holy presence. After catching a glimpse of homily explained the importance of St. Niño, the Child Jesus, Pope Francis, people stood while exchanging one's feeling identifying Him to the children of the world who must be as everyone was mesmerized by the sight of the Pope. loved, cared for, and protected. He also encouraged the peo- ple to protect the families against insidious attacks and pro- The crowd walked towards Concepcion Aguila grams which are contrary to good morals. He motivated peo- Street where brand new army trucks with sol- ple to develop virtues and to practice positive attitude to- diers/passengers on board, and black diplomatic cars bear- wards their fellowmen. The theme song “We Are All God's ing the flag of the nation each represents were parked. Children” was sung by Jamie Rivera. The lyrics are all about Some people took “selfies” and a few tried to take pictures humility, solidarity with the poor and mercy to the weak. with the soldiers and police officers. (Continued on p. 20) Court of Appeals Journal 19

For us who are still working, we always look for- half-heartedly into Lent. ward to holidays to enjoy an out of town trip with the fam- ily and/or to take the much-needed rest from our stressful Let us plunge into it, especially on Holy Thursday job and the heavy traffic we have to go through everyday. and Good Friday. Let us feel the passion of Christ by pray- ing in front of each station of the Way of the Cross. Go to But for us Catholics, the season of Lent is a quiet church and listen to the seven last words of Jesus. time with the Lord. It is an opportunity to reflect on the past to examine our conscience, repent and then, go to con- Stay focused on the Lord. Each day, ask the Holy fession. Remember that no one is beyond God's mercy. Spirit to draw us deeper into the heart of Jesus. Ask the Recall the people that God has forgiven: the apostle Peter, Holy Spirit to show us how we can apply the message of who denied him three times, the soldiers who mocked him, the passion to our life. Offer sacrifices for conversion and the chief priests who condemned him and even, Judas who forgiveness of sins. Let us remember that we contributed to betrayed him. the heaviness of the Cross with our own sins. Yet, our Lord eagerly embraced the Cross because it is through the Cross Lent is also a time to look at the future, but first that we are saved. Jesus saw the joy of Easter when all of us look at how we should spend the coming days of Lent. could rise up with Him, overcome our sinful ways and live Many people often ask me, “Where will you spend the Holy a holy life. Week?” Our family traditionally spends this time in Manila. After all, it is the time when traffic is very light and our cal- Finally, Easter Sunday comes. Let us celebrate for endar is filled up with church activities and service for the Christ has risen! And Jesus has raised us up with Him. Let Lord in our parish. us be grateful to God and make this Easter celebration take deep root in our lives. Rejoice for all that God has done for The season of Lent starts with Ash Wednesday. us. “For God so loved the world that he gave his one and The ashes on our forehead should not be a gloomy symbol. only Son, that whoever believes in him shall not perish but Rather, it is a reminder for us that it is in dying to sin that have eternal life.” - John 3:16 ● we can gain peace. On the next days, let us not just drift

The People’s Pope...from page 17

By including in his itinerary a dialogue with leaders of other religions Fortunately, I was lucky enough to have a close in the Philippines, he showed his desire for peace and unity. The Phil- glimpse of the Pope when he visited Malacañan on his sec- ippines is a multi-culture and multi-religion, not to mention multi- ond day and was mesmerized by his infectious smile and island, country. Unsurprisingly, it is prone to division. At a time charismatic personality which endeared him to most of us when the country is beset by social, political, religious and economic regardless of our belief and religion. disintegration, the Philippines became the center of the world. It is a very humbling experience to realize how the His trip was a comedy of errors even as he enjoyed the ex- Pope never manifested himself as one above all else despite perience of celebrating the Holy Eucharist in open fields and in the his stature as head of the Catholic Church. Now that the midst of strong winds and torrential rains whether Leyte or in Ma- Pope has departed the Philippine soil, the social hysteria on nila. In fact, his mass at Tacloban City was the first one that was his visit should not stop. The Vicar of Christ has left but celebrated during a typhoon. He later on laughed about it but for the Christ's life and teachings should continue to remain in our entire mass, his face was a picture of sympathy, mercy and compassion hearts and practiced religiously. Francis is truly the People's to the victims, survivors and their respective families. Perhaps, in one Pope. He transported us back to the time when Christ lived of the most welcoming yet unrehearsed moment of the Pope, a sudden with and among the people of his time. It is hoped that gust of wind blew off the papal skull cap or zuchetto while he was on a through Francis, we will learn, love and appreciate more the dramatic disembarkation from the Sri Lankan plane that just landed humanity of Christ. After all, we were created in God's im- him at the Villamor Airbase only for the cap to be returned later. age and likeness.●

20 Court of Appeals Journal

Last December 3, 2014, I witnessed the other side of the People's Champ. Cong. Manny Pacquiao graced the halls of the Centennial Building of the Court of Appeals. As expected, he did so like a rock star. He had a significant task to perform that blessed afternoon before the CA Christian community that converged at the auditorium.

Manny exhibited reserved humility in sharing his inspiring testimonial during that fortunate event. He talked about how he was transformed from a man engrossed in a life of booze, gambling, and women, to one passionately centered on the Lord Jesus Christ. He zestfully narrated how he received our Lord as his personal Saviour.

After listening to his testimonial, that was when I realized why he has been very vocal, ever since his conver- sion, in calling upon the Lord before every fight, and in conveying to Him his deep gratitude after each challenge.

Manny is set to face another boxing foe on May 3, 2015, apparently his biggest fight to date. The fact that Floyd Mayweather, Jr. has not lost a single boxing fight is just one of the shadows that must be lurking in Manny's mind. Manny had likewise been outspoken about the stun- ning knockout loss to Juan Manuel Marquez, which is un- deniably another dark shadow that may be haunting him to this day.

But we have a different Manny before us. He is one who is not alone in the ring, but is made stronger by a greater Power. He is now a boxer who does not rely on his own strength, but on the strength of the Great One who continues to sustain him in the ring, bout after bout, fight after fight. That makes the difference between him and whoever he has to contend with. ● Reflections on Pope...from page 18 The MMDA estimated the mass attendees to reach After the mass, the Pope rode his Pope mobile and 6 million.1 The DPWH utilized twenty three thousand went around the park blessing all the attendees despite the (23,000) concrete barriers along the route of Pope's motor- non-stop rain. As we exited from Quirino Grandstand, we cade, eleven thousand (11,000) barangay officials, five thou- were blocked by parked vehicles and motorcycles along sand (5,000) parishioners and sixteen thousand (16,000) T.M. Kalaw and U.N. Avenue. We stepped on the trashes volunteers from Manila who formed part of the human left by unmindful attendees. The effort and patience we barricade to secure the Pope. An estimated 200 million pe- exerted in attending the mass, though soaked with water for sos were spent by the government for the Pope's security. almost eight hours, were the most rewarding and unforget- This 5-day Pope visit will forever linger in the memories of table experience in our lives. Pope Francis treated the Fili- Filipinos especially the Catholics who compose 86%2 of the pino faithful with preference. For, even in Rome, one could population to practice MERCY AND COMPASSION. ● not easily get near the Pope. But here, His Holiness sacri- 1. Teresa Cerojano (Jan. 23, 2015)After the Pope visit., Phils. ficed his health, safety and comfort to be near us and assure Count cost. Talks of benefits. Associated Press. us that God's grace continues to shower upon our country. 2. News info.inquirer net. Court of Appeals Journal 21

CIVIL LAW; DAMAGES; DOCTRINE OF RES IPSA rule is clear, there is no room for interpretation. Second, the LOQUITOR; MEDICAL MALPRACTICE; The doc- three accused were included in the Amended Information, trine of res ipsa loquitor does not apply in a medical hence, their discharge is subject to the discretion of respon- malpractice suit when the issue involves the merits of dent judge. Thus, in Soberano v. People, it was held: a diagnosis or scientific procedure. Prescinding from the foregoing, it is in a situation where Contrary to plaintiffs-appellants' insistence, the doctrine of the accused to be discharged is included in the information res ipsa loquitur does not apply in this case. Such doctrine that the prosecution must present evidence and the sworn applies only when the issue does not involve medical exper- statement of each proposed witness at a hearing in support tise and a layman may conclude from his ordinary experi- of the discharge in order to convince the judge, upon ence that the injury would not have occurred had there whom discretion rests, as to the propriety of discharging been no negligence on the part of the doctor. It does not ap- the accused as state witness. ply in a medical malpractice suit when the issue involves the merits of a diagnosis or scientific procedure. Needless to say, the doctrine especially [People of the Philippines vs. Hon. Jocelyn A. Solis-Reyes, in her finds no application where contrary evidence showing that the defen- capacity as Presiding Judge of Branch 221, Regional Trial Court, dant physician's conduct in the treatment and care was within the Quezon City and Datu Andal Ampatuan, Jr., et al., CA-G.R. SP bounds of his discretion. No. 122837, November 7, 2014].

[Ma. Soledad E. Canlas vs. Dra. Ramonita D. Romero and Dra. REMEDIAL LAW; CERTIORARI; The dismissal of a Joy D. Romero-Sorreta, CA-G.R. CV No. 97116, January 20, criminal case for lack of probable cause is assailable 2014] by certiorari; The time for filing the petition is reck- oned from the receipt of the Order by the public prose- REMEDIAL LAW; CRIMINAL PROCEDURE; cutor and not by the private prosecutor. STATE WITNESS; Discharge of accused as state wit- ness is subject to the discretion of the court where the In a long line of cases, the Supreme Court had upheld the accused to be discharged is included in the informa- remedy of certiorari under Rule 65 of the Rules of Court in tion (or amended information). assailing a trial court's Order which dismisses a criminal case for lack of probable cause. On February 9, 2010, Sangki was admitted into the WPP. On February 22, 2010, the prosecution filed an Amended The reckoning point for the period to file the petition for Information which included Sangki, Diongon and Ebus, certiorari is upon the receipt of the Order by the public among others, as accused. On April 20, 2010, the DOJ prosecutor and not by the private prosecutor since the Panel filed the Motion to Discharge “in favor of” said three proper party to assail an Order of dismissal in a criminal accused. The following day, April 21, 2010, before respon- action is the State, through the Office of the Solicitor Gen- dent judge could act on the motion to discharge, Diongon eral. Hence, the remedy of petition for certiorari was prop- and Ebus were arraigned. Sangki was also arraigned on July erly and timely availed by the OSG herein. 28, 2010. On July 29, 2011, respondent judge denied the motion to discharge. [People of the Philippines vs. Hon. Edmar Castillo, in his capacity as the Presiding Judge of the Regional Trial Court, Branch 11, Tuao, From the foregoing, it is clear that the three accused sought Cagayan and Leonides “Odi” Fausto, CA-G.R. SP No. 136936, to be discharged were included in the Amended Informa- November 17, 2014] tion. Sangki was included despite his previous admission into the WPP. Thereafter, the three accused were arraigned. REMEDIAL LAW; SPECIAL PROCEEDINGS; HA- BEAS CORPUS; In cases involving minors, the pur- Considering that the three accused were already arraigned, pose of a petition for habeas corpus is not limited to Section 14, Rule 110 no longer applies. First, it is patent that the production of the child before the court but to de- said rule applies only if the accused has not yet been arraigned. termine who has the rightful custody of the child. There are no exceptions to the rule. Moreover, because the 22 Court of Appeals Journal

The question as to who shall have the custody of the child ary disputes between and among local government can be sufficiently resolved in the petition for writ of ha- units is conferred by law on the “Sanggunian con- beas corpus pursuant to Rule 102, Revised Rules of Court cerned”; “Sanggunian concerned” refers to the without the necessity of filing a separate action under Rule “respective sanggunian of the parties” taking cogni- 99 of the said rules for that purpose (Suarez v. Court of Ap- zance of the case jointly; The RTC is only given appel- peals, 193 SCRA 183 [1991]). Thus, Section 1, Rule 102, of late jurisdiction over such disputes. the Rules of Court states that the writ of habeas corpus shall extend to all cases where the rightful custody of any Provisions of law relevant to the case at bar are sections person is withheld from the persons entitled thereto (Bagtas 118 (d), 118 (e), and 119 of the Local Government Code, to v. Santos, 606 SCRA 101, 111 [2009]). And in cases involv- wit: ing minors, the purpose of a petition for habeas corpus is not limited to the production of the child before the court “ SECTION 118. Jurisdictional Responsibility for Settlement of but to determine who has the rightful custody over the Boundary Dispute. - Boundary disputes between and among child (ibid.). local government units shall, as much as possible, be settled amicably. To this end: [Crisanta Crisostomo Osuan, represented by her Mother, Norcelita xxx C. Osuan vs. Jesse T. Osuan, et al., CA-G.R. SP No. 133673, (d) Boundary disputes involving a component city or mu- November 19, 2014] nicipality on the one hand and a highly urbanized city on the other, or two (2) or more highly urbanized cities, shall WRIT OF KALIKASAN; No writ of kalikasan can be be jointly referred for issued where alleged environmental damage is not of settlement to the respective sanggunians of the parties. such magnitude as to prejudice the life, health or prop- (e) In the event the sanggunian fails to effect an amicable erty of inhabitants of two or more cities or provinces. settlement within sixty (60) days from the date the dispute was referred thereto, it shall issue a certification to that ef- No writ of kalikasan can be issued here as the alleged envi- fect. Thereafter, the dispute shall be formally tried by the ronmental damage is not of such magnitude as to prejudice sanggunian concerned which shall decide the issue within the life, health, or property of inhabitants of two or more sixty (60) days from the date of the certification referred to cities or provinces. Again, in his Amended Petition, the above. petitioner merely averred that the alleged failure to prevent the wrath of floods in the subject areas were attributable to SECTION 119. Appeal. - Within the time and manner pre- “the City of Manila”, and no other. scribed by the Rules of Court, any party may elevate the decision of the sanggunian concerned to the proper Re- Worse, as shown in the respective Verified Return gional Trial Court having jurisdiction over the area in dis- filed by respondents, it appears that the flooding resulting pute. The Regional Trial Court shall decide the appeal from the encroachment by the three medium-rise buildings within one (1) year from the filing thereof. Pending final of private respondent Empire East, et. al. does not involve resolution of the disputed area prior to the dispute shall be “two or more cities or provinces.” Said estero runs its course maintained and continued for all legal purposes.” only within the City of Manila, that is, from Vito Cruz to Roxas Boulevard up to Manila Bay in Malate, Manila. Section 118 (e) above is clear: original jurisdiction to settle, try, and decide, boundary disputes between and among lo- (Atty. Reynaldo L. Bagatsing vs. Mayor of the City of Manila, etc., cal government units is conferred by law on the Empire East Properties, Inc., et al., CA-G.R. SP No. 00004, “sanggunian concerned.” Under Section 118 (d), the December 5, 2014] “sanggunian concerned” in boundary disputes involving a municipality on the one hand, and highly urbanized cities on the other, are the “respective sanggunians of the par- ADMINISTRATIVE LAW; LOCAL GOVERNMENT ties,” taking cognizance of the case jointly. Section 119 is CODE OF 1991; JURISDICTIONAL RESPONSIBIL- also unambiguous that the RTC is only given appellate ju- ITY FOR SETTLEMENT OF BOUNDARY DIS- risdiction over such disputes. PUTE; [Municipality of Pateros vs. City of Taguig and The City of Makati, Original jurisdiction to settle, try, and decide, bound- CA-G.R. CV No. 101512, January 29, 2015]● Court of Appeals Journal 23

During the flag ceremony on March 9, 2015, Presiding Justice Andres B. Reyes, Jr., presented the winners of the 2014 PJ's Cup. The champions and runners-up of all sports categories were awarded with trophies and medals as the crowd of CA employees cheered and applauded.

The winners of the 2014 PJ Andres B. Reyes, Jr.’s Cup are listed as follows:

A. BADMINTON GRAY TEAM ERIC ARCIA ALVIN JOSEPH BAYANIN 1ST RUNNER UP 1ST RUNNER UP TEAM CAPTAIN- RONALD MANUEL BETITA, JR DIZON CHRISTIAN CAJIGAS ALFREDO DAPULAZA, JR RED TEAM ANTONIO CARINA WYNDEL ANOVA DHANNY CELIZ CHAMPION TEAM CAPTAIN-EDWARD GANA- JOSELITO CACAS RUEL COMBATE DEN CONRADO CALACAR ROMEL MIRALLES RONALD CRUZ ANDRE ANACLETO LAURETA ALLAN BATUTO JOHN RENAN DE LEON EDU MUSTRE D. BOWLING MYAN CATHERINE CORONEL CRISANTO FRIAS MARCELO NAIG FRANCISCO BRUNO VIRGILIO GAFFUD RAUL CHE PAGALILAUAN RUNNER UP PATRICIA ESPIRITU JEREMIAS ILAO JERRY PINEDA ANTONIO CARINA NICOLAS INES, JR JERRY QUITIQUIT TEAM CAPTAIN-J. MARIO LO- SHEENA MARIE LAMORENA ED- EDUARDO MAGDATO PEZ WARD CRUZ ROMEL MIRALLES CHAMPION SANTA NICDAO JAIME PICAÑA IRENE BINAUHAN ERIC CUASAY GODOFREDO QUIRINO BLUE TEAM (SPONSOR-J. RONNIE INACAY MARLYN OSUNERO LEONARDO JOSEPH RODIL ZALAMEDA) ALVIN MATIAS JAIME BERNARDO DE GUIA JR REYES JOVITA RUÑEZ JANE SABIDO RAULITO VALERIO TEAM LEADER-JONATHAN SAMUEL LOPEZ DAGOHOY CHAMPION VICTORIA SAGARBARRIA 2ND RUNNER UP PAOLO MONTOYA FRANCISCO BRUNO TEAM CAPTAIN-ELMER KEREEN VASQUEZ WHITE TEAM (SPONSOR- J. MICHAEL RAE CARRERA SAMARETA PAQUITO PASCO FRANCISCO ACOSTA/ J. JAIME BERNARDO DE GUIA, FLORITO MACALINO) JR ERNIE CABIL CHAMPION: SHALOM CHRISTIAN GAER- LORACEL CHICA TEAM CAPTAIN-RODRIGO LAN JEMEL DE SILVA BLACK TEAM TUAZON JAYSON GARCIA VICTORIA SAGARBARRIA ADRIAN AGGABAO PAULO REY GUTIERREZ TEAM CAPTAIN-NELSON JEFFERSON ALBINO CARLO MICHAEL JAVIER INDIVIDUAL AWARDS EUSEBIO JOSELITO AGUILAR JONAH LI ALLAN BATUTO EULER PAUL MADAMBA HIGHEST PINNING (MALE) – ROMEO ACOSTA AUDAX CANTERO APOLINARIO MIRANDILLA RONNIE INACAY VALERIANA ALMOJUELA JOHN DURAL IVAN DREY PALMA HIGHEST PINNING (FEMALE) ABELARDO CATBAGAN EYMARD EJE FERNANDO PRIETO – CHERYL JOY DEAN ARLENE FRIAS FLORIÑO FRANCISCO JEFFREY SANTOS IMELDA GONZALES MUNTAZER EDDING CENTI FLORIAN CARLO MAC- ROBERTO TOLENTINO AGNES MARCAIDA ALINO E. CHESS MANUEL DEVERAS ALVIN MATIAS C. BILLIARD JOSIELYN MORTERA JOSE PABELOÑA INDIVIDUAL EVENT FREDERICK MAURICIO PAQUITO PASCO TEAM EVENT JEANETTE PANALIGAN EDWIN VERDILLO 1ST RUNNER UP 2ND RUNNER UP KIM KENNETH SANTOS REVCELONE YUMANG RAMON ABUNDO TERESITA ROJO LEONARD UBANA EDMUNDO MALIT RUBEN SONGAHID VICTOR ZAMUDIO 1ST RUNNER UP REINELDA ROTAIRO 1ST RUNNER UP RUEL COMBATE ARNEL MACAPAGAL APOLINARIO TAEZA SUZETTE VALENCIA YELLOW TEAM (SPONSOR- CHAMPION CHAMPION REYNANTE TANDINGAN J. EDWIN SORONGON) MELVIN ABELLERA FREDERICK MAURICIO B. BASKETBALL TEAM CAPTAIN-CARLOS ROMEL MIRALLES F. DART SALIVA VICTOR DALITA 3RD RUNNER UP 2ND RUNNER UP ROMEO ACOSTA INDIVIDUAL TEAM CAPTAIN-RAMON Court of Appeals Journal 24

ABUNDO G.1. MEN'S VOLLEYBALL EUSEBIO MA. ISABEL VICTORIA SANTOS ASST. TEAM CAPTAIN - JERRY HELAIZA VANIA TOMAS MELCHOR LUARES 1ST RUNNER UP CATALAN PORTIA TAMISEN EMMANUEL AÑONUEVO CHAMPION RAULITO VALERIO GREEN TEAM JEFFERSON CACHO AUDAX CANTERO YELLOW TEAM 1ST RUNNER UP TEAM CAPTAIN-EDMUNDO DIONIE MERCED TEAM CAPTAIN-GUILLERMO MALIT MARCIALITO VILLAFLOR TEAM CAPTAIN-CHERYL JOY BAUTISTA, JR ASST. TEAM CAPTAIN- DEAN MANUEL DEVERAS JR G.2. WOMEN'S VOLEYBALL ASST. TEAM CAPTAIN-MA. EDSEL DUQUE JANICE PILAPIL EDICIA PARASDAS ALLAN BATUTO 1ST RUNNER UP ALEXANDER TABISORA REGASEN BOTICARIO BLESILDA CORTES CHAMPION GARRY CALIWAN GREEN TEAM ELEONORE MAURICIO ABELARDO CATBAGAN EDICIA PARASDAS TEAM CAPTAIN-RODOLFO JULIO CORSINO TEAM CAPTAIN-VIRGINIA MARIE CORYNE RELATO CRUZ ANDY DY RAMOS VICTORIA SAGARBARRIA RODOLFO LA MADRID, JR ASST. TEAM CAPTAIN- SHERYLL STA. MARIA DANILO ASTRERO ROSARIO BACABAC WARREN DURAN CHAMPION MICHELLE EMBIADO IMELDA GONZALES ORANGE TEAM SHEENA MARIE LAMORENA MARISSA MELGAR G. VOLLEYBALL TEAM CAPTAIN - NELSON LIZA REGALA

Here are some pictures taken during the Awarding Ceremony: