Bulletin 58 April-June 2013 REV.Pmd
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APRIL-JUNE 2013 VOLUME XV ISSUE NO. 58 ISSN 2244-5862 From the Chancellor’s Desk During the second quarter, PHILJA continued holding Contents its trainings, programs, and activities at the PHILJA Training Center (PTC) in Tagaytay, such as: the First From the Chancellor’s Desk . 1 Orientation Seminar-Workshop for Newly Appointed Sheriffs and Process Servers; three separate Judicial Trainings, Programs and Activities . 3 Career Enhancement Programs or the JCEP for New Rulings . 14 Regional Trial Court Judges from Regions VII, XII, and II, respectively; a Personal Security Training for Judges; Doctrinal Reminders . 14 several Orientations on Judicial Dispute Resolution (JDR) for Clerks of Court, Branch Clerks of Court, Public Resolutions Prosecutors, Public Attorneys, and Law Practitioners respectively; a skills-based course on Judicial A.M. No. 11-9-4-SC . 17 Settlement for Judges assigned in Batangas and A.M. No. 13-05-02-SC . 17 Cavite; and a Work Orientation and Skills Enhancement Seminar (WOSES) for Philippine Circulars Mediation Center Unit Staff. OCA Cir. No. 48-2013 – Furnishing the Bureau On June 13, the Global Distance Learning Center of Immigration with Copies of Issued Hold (GDLC) was also launched as part of the Supreme Departure Orders . 17 Court Anniversary celebration for this year. Coinciding with the launch was the second PHILJA Founding OCA Cir. No. 59-2013 – Guidelines on Requests Chancellor Emeritus Justice Ameurfina A. Melencio for Travel Authority and Extension of Travel Herrera Award for the Most Outstanding Lecturer Abroad . 18 featuring Justice Hilarion L. Aquino who delivered a OCA Cir. No. 74-2013 – Copies of Dismissed presentation entitled “Revisiting Legal and Judicial Drug Cases . 19 Ethics: Challenges and Perspectives.” The well- received event was conducted via video conferencing, Upcoming PHILJA Events . 20 for the benefit of selected participants at the En Banc Session Hall in the Supreme Court in Manila. On the last week of June, the National Conference for the Revision of the Rules of Civil Procedure was likewise held at the PTC. It served as the culminating activity for the various consultations and dialogues with justices, judges, academicians, and other stakeholders previously held in the Ateneo Law School (Luzon), Cebu (Visayas), Davao (Mindanao), and SC En Banc Session Hall (for justices and court attorneys). The comments and recommendations gathered from the three regions were consolidated, evaluated, and integrated in the second draft of the Proposed Revisions of the Rules of Civil Procedure which was presented on the occasion. In addition to these activities at the PTC, PHILJA also brought our programs to other regions such as the Career Enhancement Program for First Level Clerks of Court which took place in Laoag City for Regions I and II; in Banilad City, Cebu, for Region VII; and in Palo, Leyte, for Region VIII. Meanwhile, the Career Development Program for Court Legal Researchers in Region I was held in Baguio City. (Next page) 2 APRIL-JUNE 2013 From the Chancellor’s Desk (Continued from page 1) As to our Special Focus Programs, the following The Academy, thru the Philippine Mediation Center activities occurred around the country: several lecture-fora Office (PMCO), conducted a number of activities in support on the New Judicial Affidavit Rule for Judges, Court of Alternative Dispute Resolution: a Refresher/Advanced Personnel, Prosecutors, Public Attorneys and IBP members Course for Court-Annexed Mediators for the Samar in Puerto Princesa City, Palawan, Naga City, Dagupan City, Provinces, Southern Leyte; Biliran Mediation Programs held and in Batangas City; Seminar-Workshop on Various Laws in Palo, Leyte; Orientation of Clerks of Court and Branch Relating to Court Technology for Judges in the Ninth Judicial Clerks of Court on Judicial Dispute Resolution for the Region in Zamboanga City; second batches of the Province of Rizal held in Antipolo City; and one for the Increasing Judicial Efficiency: Seminar-Workshop for Judges Province of Batangas held in Batangas City. Orientations of on the Effective Use of the Benchbook for Philippine Trial Public Prosecutors, Public Attorneys, and Law Practitioners Courts (Revised and Expanded) in Naga City for Regions IV on Judicial Dispute Resolution were consecutively held in and V, and in Pampanga for Region III; Seminar-Workshop Antipolo City for the Province of Rizal, and in Batangas City on Dangerous Drugs Law for Judges, Prosecutors, and Law for the province of Batangas. A Basic Mediation Course for Enforcers of the Third Judicial Region in Angeles City, the Bohol Mediation Program and a Pre-Internship Pampanga. Orientation and Meeting with Judges, Clerks of Court, Branch Clerks of Court, Mediator Trainees and PMCU Staff In Manila, the Competency Enhancement Training for were held in Tagbilaran City. Two Orientation Conferences Judges and Court Personnel Handling Cases Involving with Stakeholders on Court-Annexed Mediation were held Children was given in two batches. A Seminar on Election in Legaspi City and Sorsogon City. Laws for RTC Judges was also held in Manila. This quarter also saw the conduct of two conventions: the Ninth National We likewise continued taking note of new rulings of Convention and Election of Officers of the Process Servers the Supreme Court and kept up with doctrinal reminders Association of the Philippines in Iloilo City and the 17th as well as newly issued Court orders, resolutions, and National Convention and Seminar of the Sheriffs’ circulars posted on our website. The same was done for Confederation of the Philippines (SCOPHIL) in Baguio City. new OCA circulars. PHILJA also continued to support the Court’s Enhanced In closing, I thank the Supreme Court for giving us the Justice on Wheels (E-JOW) Program with mediation of cases honor and opportunity to serve the Judiciary; and our and the conduct of the Information Dissemination through officials and staff for seizing this privilege with unwavering Dialogue among Barangay Officials and Court Officials passion and dedication. during the Enhanced Justice on Wheels (E-JOW) caravans in Roxas City; Barotac Viejo in Iloilo; Tagbilaran City; Talibon, Bohol; Candon, Ilocos Sur; and Batac, Ilocos Norte. ADOLFO S. AZCUNA Chancellor Chief Justice Maria Lourdes P. A. Sereno (seated, center) with SC, CA, CTA justices; PHILJA officials; judges; court attorneys; academicians; selected government lawyers; private lawyers and other stakeholders during the National Conference for the Revision of the Rules of Civil Procedure held on June 27–30, 2013, at the PTC, Tagaytay City. VOLUME XV ISSUE NO. 58 3 TRAININGS, PROGRAMS AND ACTIVITIES SC Holds Regional Dialogues and National Conference for the Revision of the Rules on Civil Procedure In November 2012, the Supreme Court formed the Core legal community. The topics for the TWGs’ consideration Committee for the National Conference for the Revision of were on general considerations and pre-filing; filing, pre- the Rules of Civil Procedure through A.M. No. 12-11-7-SC Re: trial to trial; special remedies during trial; judgment, Proposed National Conference for the Revision of the Rules of execution and appeals; and special civil actions. Civil Procedure, with the following members: REGIONAL STAKEHOLDERS’ DIALOGUE ON THE REVISION OF THE Chairperson: RULES OF CIVIL PROCEDURE Justice Roberto A. Abad (Supreme Court) Co-Chairpersons: Three consequent regional stakeholder’s dialogues on the Dean Danilo L. Concepcion Revision of the Rules of Civil Procedure, conducted in Cebu (University of the Philippines College of Law) City (May 28), Davao City (May 31), and Makati City (June 3), Atty. Roan I. Libarios (National President, IBP) served as venues for consultation with and gathering Content Committee Members: comments of justices, judges, academicians and other Dean Eduardo D. De los Angeles (Partner, Romulo stakeholders on the proposed revisions on the Rules. Some Mabanta Buenaventura Sayoc & De los Angeles) of the significant changes brought about by the dialogues Dean Jose Manuel L. Diokno were on mandatory ADR; problems with the adversarial system; (De La Salle University College of Law) judicial affidavit in place of direct testimonies; face-to-face Justice Alexander G. Gesmundo (Sandiganbayan) trial; efficient use of court time; enforcement of foreign Justice Amy C. Lazaro-Javier (Court of Appeals) judgments; modes of discovery; and one step appeals process. Atty. Victor P. Lazatin (Partner, ACCRALAW) PRESENTATION OF THE FIRST DRAFT OF THE PROPOSED REVISIONS Atty. Simeon V. Marcelo (Partner, CVCLAW) Conference Procedure Committee Members: ON THE RULES OF CIVIL PROCEDURE Dean Sedfrey M. Candelaria After the series of regional dialogues, a Presentation of the (Ateneo de Manila University School of Law) First Draft of the Proposed Revisions on the Rules of Civil Prof. Victoria A. Avena Procedure to 70 SC, CA, CTA and SB justices and court (University of the Philippines College of Law) attorneys was conducted on June 16, 2013, to further Judge Thelma A. Ponferrada enhance the proposed revisions. Each TWG again presented (Chief of Office for Administration, PHILJA) the highlights of the proposed revisions. Atty. Edna E. Diño (Chief Attorney of the Supreme Court) Atty. Blesilda B. Abad-Gamo The consolidated comments drawn from the series of dialogues and the first presentation of the draft Rules were (Professor, Ateneo de Manila University School of Law) then evaluated and integrated into the second draft of the The ultimate objective