Volume XVIII Issue No. 72 1

October–December 2016 Volume XVIII Issue No. 72 ISSN 2244-5862

From the Chancellor’s Desk

The last quarter of 2016 saw us completing another successful year with the delivery of the following activities: the 32nd Orientation Seminar-Workshop for Newly Appointed Clerks of Court; the 10th Orientation Seminar-Workshop for Newly Appointed Sheriffs and Process Servers; an Orientation and Training Seminar for Court Decongestion Officers of Beneficiary Courts at the National Capital Judicial Region (NCJR), Regions I, II, IV and V, and the Visayas Region; a Seminar for Executive Judges and Vice Executive Judges of the NCJR as well as of the First, Second and Fourth Judicial Regions; a Career Development Chief Justice Maria Lourdes P. A. Sereno leads the panel during a brief dialogue Program for Court Legal Researchers of the NCJR and ; with the participants of the Special Course on International Criminal Law and Security (Basic Course) held on November 21–24, 2016 at the PHILJA Training a Career Enhancement Program of the Regional Trial Court Center in Tagaytay City. With the Chief Justice are international criminal law Sheriffs of the 11th Judicial Region and the 40th Pre-Judicature experts Judge Fausto Pocar, Prof. David Cohen, Karim A. A. Khan and Dato Program (PJP) for judicial aspirants. Shyamala Alagendra. A series of special focus programs for the benefit of Also wrapped up for the year were Information judges and other court personnel in different regions were Dissemination through Dialogues among Barangay Officials also carried out as follows: an Advanced Competency Training and Court Officials—one in the City of Tagum in Davao; one in for Judges, Prosecutors, Legal Researchers, Social Workers Bayombong, Nueva Vizcaya; and another in Lagawe, Ifugao. and Law Enforcement Investigators Handling Trafficking in The Academy, through the Philippine Mediation Center Persons Cases (Regions I and III); a Competency Enhancement Office (PMCO), also rounded up its calendar for the year Training for Judges and Court Personnel Handling Cases with the holding of several activities on Alternative Dispute Involving Children from selected regions; several Capacity Resolution in the cities of Cebu, Bogo and Danao such as the Building on Environmental Laws and the Rules of Procedure for Basic Mediation Course for Court-Annexed Mediators; the Environmental Cases (Regions I, II, IV and the NCJR); Strategic Orientation and Screening of Prospective Mediators and PMC Performance Management System (SPMS) Trainers’ Training; Unit Staff; Orientation Conference with Stakeholders on Court- Seminar-Workshop for Selected Judges on Financial Crimes and Annexed Mediation and the Pre-Internship Orientation and Money Laundering; the Eighth Seminar-Workshop on Deposit Meeting with Judges, Clerks of Court, Branch Clerks of Court, Insurance, Banking Practices and Bank Conservatorship, Mediation Trainees and PMC Unit Staff. A Refresher/Advanced Receivership and Liquidation; and a Seminar on the Financial Course for Court-Annexed Mediators (Skills Enhancement Liquidation and Suspension of Payments (FLSP) and Rules of Course) for the Metro Mediation Program completed Procedure for Special Commercial Court Judges of the NCJR. the PMCO roster of activities for the year. Additional activities were also carried out: a Special PHILJA also lent a hand in a total of five convention- Course on International Criminal Law and Security (Basic seminars such as the Philippine Judges Association Midterm and Advanced); a Roundtable Discussion on Cybercrime and Convention and Seminar; the 23rd National Convention and the Courts; a Seminar-Workshop on Strengthening Judicial Seminar of the Philippine Trial Judges League, Inc. (PTJLI); Integrity and Rule of Law for Selected Judges of the NCJR; the Ninth National Convention and Seminar of the Philippine a Personal Security Training for Judges; and a Seminar- Association of Court Interpreters, Inc. (PhilACI); the 10th Workshop on Dangerous Drugs Law for Judges, Prosecutors National Convention and General Assembly of the Philippine and Law Enforcers also of the NCJR. (Continued on page 2) 2 October–December 2016

Contents OCA Circular No. 270-2016 – Temporary Suspension of Committing Inmates to Congested Jail Facilities . . 48 From the Chancellor’s Desk ...... 1 OCA Circular No. 271-2016 – Court Resolution dated Judicial Views ...... 3 November 22, 2016 ...... 48 Training Programs and Activities ...... 7 OCA Circular No. 272-2016 – Service of Writs and Judicial Moves ...... 15 Court Processes in Connection with Cases Involving First Impressions ...... 16 Foreign Governments or Instrumentalities Thereof . . 48 New Rulings ...... 18 Orders Doctrinal Reminders ...... 18 Memorandum Order No. 24-2016 – Appointing the SC Deputy Division Clerk of Court in the Office of the Resolutions Division Clerk of Court, Third Division ...... 49 A.M. No. 15-12-05-SC – Revised Guidelines for the Implementation of a Strategic Performance Memorandum Order No. 38-A-2016 – Establishing Management System (SPMS) in the Judiciary ...... 24 the Technical Working Group on Judicial Integrity under the Committee on Continuing Legal Education A.M. No. 16-07-06-SC – Ordering 240 Other and Bar Matters ...... 49 Regional Trial Courts to Hear, Try and Decide Newly Filed Cases under the Comprehensive Dangerous Memorandum Order No. 46-2016 – Creating the Drugs Act of 2002, as Amended ...... 37 Judiciary-Wide Committee on Data Reconciliation . . 51 A.M. No. 04-02-04-SC – The Legal Fees to be First Quarter 2017 Training Programs and Collected in Cases of Liquidation of Solvent Juridical Activities ...... 52 Debtors, Liquidation of Insolvent Juridical and Individual Debtors, Conversion from Rehabilitation to Liquidation Proceedings, Suspension of Payments From the Chancellor’s Desk of Insolvent Individual Debtors and Petitions in an (Continued from page 1) out of court Restructuring Agreement Provided under A.M. Nos. 12-12-11-SC and 15-04-06-SC . . . . . 37 Circulars Association of Court Social Workers, Inc. (PACSWI); and O C A C irc u la r N o. 221-2 016 – M a nda tor y O b ser va nc e the National Convention and Seminar of the First Level of the Requirements Set Forth in Circular No. 39-97 Clerks of Court Association of the (FLECCAP). dated June 19, 1997 (Re: Guidelines in the Issuance We took note of the new rulings of the Supreme of Hold-Departure Orders) ...... 39 Court, its doctrinal reminders and latest resolutions, OCA Circular No. 224-2016 – Memorandum of circulars and orders as well as those of the OCA. Agreement between the Dangerous Drugs Board Indeed, 2016 proved to be a busy year for all of us. and the Public Attorney’s Office ...... 40 Thank you and congratulations to our officials and staff OCA Circular No. 225-2016 – Clarification of OCA for making it one of our most fruitful years so far. Your Circular No. 10-2014 on the Requirement of the dedication and love for your work are much appreciated. Law on Adoption Cases ...... 41 Thank you, too, to our development partners for OCA Circular No. 250A-2016 – Bangko Sentral ng their constant support and confidence in the Academy. Pilipinas Circular No. 910 dated April 22, 2016 . . . . 41 I also wish to thank the Supreme Court for the OCA Circular No. 230-2016 – Guidelines on the support and encouragement given to PHILJA and all its Distribution and Use of the Detainees Notebook . . . 45 undertakings. OCA Circular No. 233-2016 – Incident Record Form I wish you all the best of the Season of Grace and a as Additional Evidence in Court ...... 45 prosperous new year! OCA Circular No. 265-2016 – Implementation of Sections 11 and 12 of the Guidelines for Maraming salamat! Decongesting Holding Jails by Enforcing the Rights of Accused Persons to Bail and to Speedy Trial (A.M. No. 12-11-12-SC); in Relation with the Full Roll Out of HUSTISYEAH! In HUSTISYEAH! ADOLFO S. AZCUNA Courts (A.M. No. 13-04-11-SC) ...... 45 Chancellor Volume XVIII Issue No. 72 3

Children in Conflict with the Law and Court Diversion Procedure: Restorative Justice in Action* ** Hon. ANGELENE MARY W. QUIMPO-SALE Presiding Judge Regional Trial Court, Branch 106,

III. THE From this figure, the Molave Youth Home provided the Quezon City is the most populous city in the Philippines with following demographics of the respondent-CICL: sex, age group, more than three million inhabitants.110 Considered to be educational attainment and socio-economic background; the highly urbanized, it is the largest city in with type of crimes committed; the use of diversion by the family an area of 166.2 square kilometers and with a population courts; the success rate of diversion, including the number of density of approximately more than 16,000 people per CICL who re-offended. 111 square kilometer. The city has a local social welfare and Figure 1 development office referred to as the Social Services and Number of CICL According to Sex Development Department (SSDD) which is directly under the Office of the City Mayor. This is the department that fulfills CY 2010–2015 the local government’s mandate to provide, care for, and empower the poor and disadvantaged sectors in the city. This department, together with the Quezon City barangays (communities), implement the provisions of RA No. 9344. It also supervises the youth home locally known as the “Molave Youth Home.” The Molave Youth Home, created by the Quezon City government in 1973, provided that from 2010 to 2015, 1,217 CICL with cases filed in the family courts of Quezon City have been housed at the facility. Table 1 shows the yearly breakdown of the Molave Youth Home respondent-CICL. Table 1 Number of Respondent-CICL in Molave Youth Home

Year Number of Respondent-CICL 2010 215 Figure 2 2011 240 Number of CICL According to Specific Age 2012 208 CY 2010–2015 2013 193 2014 198 2015 217 Total 1,217

* Paper first delivered by Power Point presentation at (1) the Philippine Judicial Academy in its training program entitled “Competency Enhancement Training for Judges and Court Personnel Handling Cases Involving Children,” July 2010; and (2) the Regional Convention of the Asia Pacific Region of the International Association of Women Judges, Taal Vista Hotel, Tagaytay City, on May 14, 2015. ** Fourth of four-part series 110 Population is 3,085,786 as of end 2013 – data provided by the City Planning and Development Office, Quezon City. 111 Quezon City Annual Report 2013–2014, p. 13. 4 October–December 2016

Judicial Views (continued) The data in Figure 5 shows that CICL predominantly come from According to Figures 1 and 2, 92 percent of the children families living below the poverty line. The poverty threshold with court cases for the years 2010–2015 were male, while 76 income for the National Capital Region is P8,477 per month percent of all CICL were 16 to 17 years of age. as of 2015.112 Most cases filed in the Quezon City family Figure 3 courts involve children of families where the family average joint income is from P3,000 to P5,999 per month, or roughly Number of CICL According to Educational Status US$68.18 to US$136.34 per month.113 The second and third CY 2010–2015 highest income groups are those where the joint income of the family are from P6,000 to P7,999 (US$136.36 to US$181.8 per month) and P1,000 to P2,999 (US$22.73 to US$68.16 per month), respectively.

Figure 6 Number of CICL According to Crimes Committed CY 2010–2015

Figure 4 Number of CICL According to Educational Attainment CY 2010–2015

As shown in Figure 6, the most number of crimes committed by CICL were robbery and theft, classified as crimes against property, at 60 percent of all crimes committed for the calendar years 2010–2015.

In Figure 3, 78 percent of the CICL were out-of-school youth. Figure 7 As to educational attainment, 50 percent of CICL (Figure 4) reached only the elementary level while 48 percent reached Number of CICL According to Diversion Programs high school. CY 2010–2015 Figure 5 Total Number of CICL According to Family Income CY 2010-2015

Poverty Monthly Income Threshold-NCR 8,477/month (CY2012–2015) 112 Data from the City Planning Development Office, Quezon City. *Family Income and Expenditure Survey 113 2015 Average Exchange Rate of US$ 1.00 to P44.00 Philippine pesos. Volume XVIII Issue No. 72 5

In Figure 7, diversion was conducted in either of two places— Table No. 2 at the community level through the barangays where the CICL Statistics and his/her family resided or through a shelter run by an NGO. Sixty-six percent of the diversion programs were conducted at Number of Re-offenders the barangay level. Number Re-offending Cases Year of first/ Figure 8 Year of Court Total previous Cases admission Status of Diversion Programs Male Female

CY 2010–2015 2010 215 0 0 0

2011 240 0 0 0

3-5-2010 2012 208 2 0 2 4-1-2010

7-4-2011 2013 193 2 0 2 11-24-2011

3-5-2012*

11-5-2011

5-11-2012 Figure 8 shows that 59 percent of court diversion programs 2014 198 5 0 5 were successfully completed while the remaining 41 percent 1-11-2012 failed. Although the percentage of failed diversion is quite 7-7-2012 high, the success rate is more than 50 percent which is very encouraging considering that court diversion is a relatively 2-5-2013 new procedure in the juvenile justice system in this country. 7-5-2011

Figure 9 11-4-2011 Number of Re-offenders 11-9-2012 CY 2010–2015 1-31-2013

1-17-2013

1-28-2013 2015 217 12 0 12 1-19-2013 Number of Number of re-offenders: 6-13-2013 court cases: 20 (1.6%) 1,271 7-9-2013

9-26-2013

6-19-2014*

11-21-2014

Total 1,271 21 0 21 21 Figure 9 shows that from the 1,271 CICL court cases for the years 2010–2015, only 1.6 percent of the CICL committed a Note: * Same minor offender, reducing the total number of re- crime for the second or third time, or only 20 out of the 1,271 offenders to 20, as reflected in Figure 9. cases. 6 October–December 2016

Judicial Views (continued)

Table No. 2 illustrates in detail the data shown in Figure 9. relatively successful with 59 percent of the CICL completing The numbers particularly reveal that the re-offending mainly the same. The success of the Quezon City family courts in happens two to four years after the first or previous admission applying court diversion procedure relies much on the hard at the Molave Youth Home, and not immediately after the work and diligence of the LSWDO under the supervision of termination of diversion or the criminal case, if diversion the Social Services and Development Department of the city. was not undertaken. The low rates of re-offending as well as Also contributing to this positive development was the active the average time interval of two to four years between the participation of the local government through its barangays previous and subsequent offenses are significant indications and the BCPC which help to ensure implementation of diversion that the diversion programs are working. They likewise show programs responsive to the needs of the CICL. The experience that the efforts exerted in developing and complying with of QC is instructive on how the program may work in the other diversion programs, even if those programs failed, have a local communities provided that the infrastructure, physical positive impact on the CICL and their families. facilities, personnel and training of all stakeholders directly IV. CONCLUSION involved in the implementation of said program are all in place. Indeed, the statistics indubitably reveal the favorable Ten years have passed since RA No. 9344 took effect. During outcome and viability of court diversion, despite its novelty that period, Philippine courts and all the stakeholders in the and sudden introduction into our legal system. administration of juvenile justice have grappled with the novel and “strange” principle of restorative justice and made room Restorative justice and court diversion have shown us for its application under the existing system of retributive that when a child comes into conflict with the law, he is not justice. viewed as an offender but as a victim of circumstances over which he, by virtue of his lack of developmental years, has no The courts have also come to terms with the unfamiliar, full control. The CICL therefore needs help, not retribution. untested and untried practice of court diversion and its The CICL, with proper guidance and counselling, is made to corresponding unique features by making substantial understand the impact of his behavior and the harm he has adjustments in its procedure, both judicial and administrative. done. On the other hand, the victim of the CICL is accorded In the administrative function of the Office of the Clerk of a chance to meet the CICL, confront the child with the effect Court, the assignment of a different case number to CICL who of his act, tell the child what the impact of his offending was qualify for diversion entailed the adoption of a new class and and receive an apology from him. When the CICL is given category in the giving of case numbers and the consequent this chance of taking responsibility and making amends for tracking of filed cases. Furthermore, the practice of diversion the crime done by apologizing and making reparation to the most necessarily requires that the courts closely collaborate victim, he is making amends and reparation to the community and work together with the public prosecutor, the public as well. attorney and the Local Social Welfare and Development Office (LSWDO), not to mention the community through Because of minority of age and the ongoing physiological the Barangay Council for the Protection of Children (BCPC) maturation of his body which include his cognitive and and non-government organizations, in formulating a viable, psychosocial development, the CICL should not be branded, workable and effective diversion program for the CICL. In areas lumped with adult criminals and forsaken altogether. The CICL where there are no youth detention houses or “Bahay Pag- should be given an opportunity to lead a life away from crime, asa,” the courts work in close coordination with the Bureau should be effectively enabled—with the help and support of of Corrections and Bureau of Jail Management and Penology their family, the community, society and the courts—so that (BJMP) to ensure that the CICL are given quarters separate they will be reintegrated into society and become law-abiding, from ordinary detention prisoners. In cases involving CICL responsible and productive members of our country. who are found guilty and on automatic suspension of service The youth will be the next leaders of our country. They of sentence, the courts, in preparing a disposition program, will be the next work force, the next professionals, the next may place the CICL in youth rehabilitation centers run by the police officers, the next barangay captains, the next judges, Department of Social Welfare and Development (DSWD). If the next members of the House of Representatives. Ang “ the CICL are found guilty and, at the time of promulgation of kabataan ang pag-asa ng bayan!” Should we not give them a judgment, are over 21 years of age, the courts must ensure second chance? that the CICL are placed in agricultural training camps provided by the BJMP and the DSWD pursuant to RA No. 9344. As implemented in Quezon City, the largest and most populous city and a pioneer in court diversion in the Philippines, the diversion program for the period 2010–2015 has been Volume XVIII Issue No. 72 7

Training Programs and Activities

2016 Biotechnology Outreach Program of Investigation, Philippine National Police and the academe. The participating judges shared the challenges, issues and The United States Department of State, in cooperation with concerns that confront them in handling cybercrimes cases the United States Department of Agriculture, conducted the and those involving digital information. 2016 Biotechnology Outreach Program Manila on November 16, 2016 at the Diamond Hotel, Manila. PHILJA Chief of Office for Academic Affairs Justice Delilah Vidallon-Magtolis delivered the welcome remarks. US DOJ Thirty-three participants attended the half-day activity, OPDAT Resident Legal Advisor Mr. Eric S. O’Malley, in his among them were four Court of Appeals Justices headed by message, stressed that “digital evidence is an exceptional Presiding Justice Andres B. Reyes, Jr., five environmental court evidence of crime and that we should take advantage of judges of NCJR, two staff from the Office of Justice Marvic this type of evidence.” He also expressed hope that an Mario Victor Leonen, six PHILJA officials led by the PHILJA introductory training course on cybercrime for judges will be Chancellor, Justice Adolfo S. Azcuna, and 16 PHILJA personnel. crafted and offered to the judges. Judge Maria Rowena M. San Pedro, Presiding Judge of RTC Branch 158, Pasig City, facilitated the session on Challenges, Issues and Concerns in Handling Cybercrimes Cases, while Prof. Jose Jesus M. Disini, Jr., Vice Chair of PHILJA Department of Court Technology, facilitated the Content Development and Training Design session.

Asian Mediation Association Annual General Meeting and Fourth AMA Conference Mr. Ralph Bean, Agricultural Counselor from the US Department of Agriculture gave the opening remarks. Justice The Philippine Judicial Academy (PHILJA) and the Philippine Oswaldo D. Agcaoili, PHILJA Professor II, introduced the Mediation Center Office (PMCO) participated in the Asian speaker, Dr. Wayne Parrott, Professor from the University of Mediation Association (AMA) Annual General Meeting Georgia. (AGM) on October 19, 2016 and the Fourth AMA Conference on October 20–21, 2016 held at the China Palace Hotel in Dr. Parrott talked about the global trends in crop Beijing, China. biotechnology. Specifically, he explained genetic modification, genetically modified organisms/crops, US biotechnology regulations and GMO labelling. Dr. Parrott has a degree in Agronomy from the University of Kentucky, and MS and PhD degrees in plant breeding and plant genetics from the University of Wisconsin. The program, now on its 10th year, helps identify scientists to come out and speak on biotechnology issues, ranging from regulatory issues to latest technologies that are being used in the field. Cybercrime and the Courts: A Roundtable Discussion PHILJA Chancellor Justice Adolfo S. Azcuna led the The Academy, in partnership with the United States Academy’s delegation composed of Court Administrator Jose Department of Justice, Criminal Division, through its Office of Midas P. Marquez, PMCO Chief Atty. Brenda Jay C. Angeles Overseas Prosecutorial Development Assistance and Training Mendoza and PMCO SC Chief Judicial Staff Officer Mr. Jose T. (US DOJ OPDAT), conducted the first Cybercrimes and the Name, Jr. Courts: A Roundtable Discussion held on October 21, 2016 at Hosted by the China Council for the Promotion of the Pan Pacific Hotel, Manila. International Trade (CCPIT)/China Chamber of International The roundtable discussion was attended by 15 Commerce (CCOIC) Mediation Center, the theme of the AMA participants, among them judges and representatives from Conference was “New Global Trend of Mediation – Similarities the Philippine and US Departments of Justice, National Bureau and Differences.” The two-day international conference 8 October–December 2016 gathered 350 mediators and professionals from Asia, including Special Course on the Philippine Mediation Center’s contingent of 1 clerk of court, 19 accredited court-annexed mediators, and 1 PMC International Criminal Law and Security Unit staff. The Philippine Judicial Academy conducted the back to back Basic and Advanced Special Courses on International Criminal Law and Security (ICLS) in November, attended by a total of 91 participants, at the scenic PHILJA Training Center in Tagaytay City. Fifty-five participants attended the Basic Special Course on International Criminal Law and Security held on November 21 to 24. Among those who attended the four-day course were PHILJA professorial lecturers, judges, court attorneys, lawyer- representatives from the Department of Justice, Department of Foreign Affairs, Office of the Solicitor General and Bureau of Immigration, and a member of the academe. The AGM provided a venue for the Hong Kong Mediation Centre to report on the accomplishments of AMA in the past PHILJA Chancellor Justice Adolfo S. Azcuna in his opening year. It also provided the opportunity for its members to remarks warmly welcomed the speakers and participants. report on their respective performance for the year, including He also thanked Chief Justice Maria Lourdes P. A. Sereno for legal/judicial support from their countries. The AGM further inviting international law experts as lecturers. Vice Chancellor discussed the membership application of the Bangladesh Justice Romeo J. Callejo, Sr. discussed the objectives of International Mediation Centre; the establishment and the special course and provided an overview of the various operation of the CCPIT/CCOIC Mediation Center that would subjects included in the course. focus on cross-border mediation; and the development of Seven invited foreign and local international law experts mediation in Mongolia through their Commercial Dispute discussed 23 topics during the entire basic course, to wit: Resolution Centre at the Mongolian National Chamber of Prof. Dr. David Cohen, Director of WSD Handa Center for Commerce and Industry (MNCCI), the newest AMA member. Human Rights and International Justice, Stanford University The next AGM will be held in or in 2017, (International Criminal Law Fundamentals Part I, Transitional while the Fifth AMA Conference will be held in Indonesia in Justice Case Studies: East Timor, Indonesia and , 2018. Substantive Offenses: War Crimes, Substantive Offenses: The two-day conference focused on the following topics: Enslavement and Forcible Transfer, Modes of Liability: Joint (i) Court and Diverse Dispute Resolution Mechanism Reform; Criminal Enterprise, Inciting, and Defences); Prof. Dr. Judge (ii) Comparison of Lawyer Mediation Mechanism between Fausto Pocar of the Appeals Chamber, International Criminal Eastern and Western Countries; (iii) International Trend Tribunal for Yugoslavia (ICTY) and Former President, ICTY of Online Dispute Resolution; (iv) Differences of People’s (International Criminal Law Fundamentals Part II, Prosecuting Mediation or Community Mediation in Relation to Eastern and International Crimes—Overview of International Mechanisms: Western Context; (v) Mediation Practice and Successful Cases ICTY and International Criminal Tribunal for Rwanda [ICTR], Sharing; (vi) How Do Mediation and Arbitration Play Their Transitional Justice Case Studies: Special Tribunal for Lebanon Respective Roles in Resolving Disputes Arising from Foreign [STL], European Union Rule of Law Mission in Kosovo [EULEX] Commerce; (vii) History and Development of Mediation Courts and Kosovo Specialist Chambers, Substantive Offenses: Structures of AMA Members; and (viii) Cultural Differences Genocide, Substantive Offenses: Terrorization of Civilian and Mediation Techniques between Asian and Western Population, and Modes of Liability: Superior Responsibility, Countries. Ordering, Aiding and Abetting); Mr. Karim A. A. Khan Q.C., International Defense Counsel at the International Criminal Justice Azcuna talked about the “History and Development Court (ICC), Former Prosecutor at the the UN ICTY and ICTR, of ADR Structures in the Philippines,” during the session on and Member of the Temple Garden Chambers, Temple, History and Development of Mediation Structure of AMA London (Prosecuting International Crimes: International Members. Criminal Court, Substantive Offenses: Crimes Against The Asian Mediation Association was organized in Humanity, Substantive Offenses: Torture, Other Inhumane Acts Singapore on August 17, 2007. The objective of the AMA is and Persecution, Substantive Offenses: Extrajudicial Killings, to promote the use and development of mediation in Asia Modes of Liability: Modes of Liability at the ICC, and Defences); and the rest of the world through strengthening members’ Dato Shyamala Alagendra, International Defense Counsel, cooperation and association. Its members include the leading ICC, Former Prosecutor, and UN Special Panels for Serious mediation centers in Asia, such as Bahrain, China, Fiji, Hong Crimes in East Timor, UN Special Court for Sierra Leone, and Kong, India, Indonesia, Japan, , Mongolia, Philippines, ICC (Transitional Justice Case Studies: Sierra Leone and Kenya, Singapore, and Thailand. (Article by: Mr. Jose T. Name, Jr.) Substantive Offenses: Child Soldiers, and Substantive Offenses: Volume XVIII Issue No. 72 9

Crimes of Sexual Violence); Atty. Katherine Vessels of the thought-provoking and enlightening, and there was a lively William S. Richardson School of Law (International Maritime dynamic interaction and informative discussion with experts Security Law, Maritime Security in Philippine Law); Prof. Jay from abroad about international law and security. Batongbacal, Director of the UP Institute for Maritime Affairs “You, my friends, were introduced to the international and Law of the Sea (Special Lecture on the West Philippine significance and therefore, international concern about the Sea); and Atty. Jeneline Nicolas of Desierto and Desierto Law crime; to the international reaction to their commission and Office (Overview on Philippine Law and the Incorporation of the freely concluded discussions about what has been aptly International Law). called ‘man’s inhumanity to man.’ Serious focus has also been A workshop was held in the afternoon session of the given to the modes of liability under the international criminal second day. Participants were divided into four groups court. Very interesting were the discussions on international to discuss a common case problem and suggest the most maritime security law and maritime security in the Philippine appropriate mechanism for the investigation and prosecution law x x x the most controversial is the topic on the West of the direct forms of violence committed against the victims, Philippine Sea Dispute of which the Philippines is a major their families and communities. Each group then presented stakeholder,” he said. their outputs before a plenary session the following day. Justice Perez also expressed his gratitude to PHILJA for continuously making him a part of its activities. “I give special significance to my participation in the activity considering that I have a personal attachment to the Academy having been at its service from conceptualization to institutionalization, from its hand held days towards maturescence until virtual renewability,” his message reads. He further recognized the Academy for its “superb efforts” in organizing the event and thanked its staff for their efficient service and support. Meanwhile, the Advanced Special Course on International Chief Justice Sereno graced the third day of the special Criminal Law and Security was held on November 24 to 26 course and delivered a message. She said it is important to with 36 participants comprising judges, court attorneys and understand international law and the context in which we lawyer-representatives from various government agencies are doing our work in order to really implement a rule of law- who have completed the Special Course on International based system. Criminal Law and Security held on January 18 to 22 and the Basic Course on ICLS on November 21 to 24. “We understand that the Constitution already accepts generally accepted principles of international law and has Topics discussed during the advanced course were: already incorporated them. We actually have unique statutes The West Philippine Sea Dispute by Prof. Jay Batongbacal; that incorporated many of the principles that already govern Jurisdiction of the ICC-Exercise of Jurisdiction: Complementarity, the relations of nations. x x x And that is why in my desire to Admissibility and Deferral Case Study Kenya and Libya Situation increase the profile of the Philippine judiciary as a beacon of (Continued on page 22) freedom and democracy in Asia, especially in Southeast Asia, I thought that it must be that we will really reach the cream or PHILJA: Spreading Love, Hope and Joy the elite of the legal firmament, so they will be equipped with (2016 Christmas Celebration) the means to understand in this fast-changing world in which we are operating. We cannot give up our role as a beacon of democracy enshrined by the 1987 Constitution and witnessed by the whole world. This requires us therefore to always live as a rules-based society and for this we must understand the context, parameters, and the fast-changing developments,” the Chief Justice said. Chief Justice Sereno also expressed her gratefulness for the friendships that have been forged with the speakers and thanked them for finding time to travel all the way to the Philippines to share their knowledge and expertise on various Thirty-one children of the Little Angels Home, Inc. in Tagaytay aspects of international law. City found Christmas merrier and more meaningful as the Philippine Judicial Academy embarked on its first charity Supreme Court Associate Justice Jose P. Perez gave the project to “spread love, hope and joy” to the children- closing remarks, which was read by his representative, Atty. beneficiaries. The gift-giving project was held on December Arturo B. Noblejas. Justice Perez noted that the presentations 9, kicking off the Academy’s Christmas celebration this year. and panel discussions during the four-day course were (Continued on page 22) 10 October–December 2016

Region VII Orientation-Seminar Atty. Emelita L. Go RTC, Br. 21, Cebu City, Cebu Region VIII 32nd Orientation Seminar-Workshop for Newly Appointed Atty. Ma. Daryl Y. Gabon Clerks of Court RTC, Br. 29, Catbalogan, Samar Date: November 8–11, 2016 Region IX Venue: PHILJA Training Center, Tagaytay City Participants: 35 newly appointed clerks of court, namely: Atty. Maria Socorro D. Suarez RTC, OCC-Zamboanga City, Zamboanga del Sur Regional Trial Courts Region X National Capital Judicial Region Atty. Melissa Grace G. Legaspi Atty. Aileen Rose J. Angue RTC, Br. 4, Butuan City, Agusan del Norte RTC, Br. 60, Makati City Region XI Atty. Ma. Adoracion J. Baetiong Atty. Dulce Amor P. Mahumoc-Uyan RTC, Br. 94, Quezon City RTC, Br. 5, Mati, Davao Oriental Atty. Maria Adella L. Fandialan-Pineda RTC, Br. 166, Pasig City Region XII Atty. Ma. Niña Jasmin R. Suing Atty. Analia S. Andam RTC, Br. 228, Quezon City RTC, Br. 10, Marawi City, Lanao del Sur Region I Municipal Trial Courts in Cities Atty. Myra A. Anod Region III RTC, Br. 35, Bontoc, Mt. Province Ms. Maria Celia A. Flores Atty. Lanie V. Bauzon MTCC, Br. 2, Olongapo City, Zambales RTC, Br. 41, Dagupan City, Region IV Atty. Marie Diane O. Bolong-De Leon Ms. Joy A. Tamesis RTC, Br. 66, San Fernando City, La Union MTCC, Br. 2, San Pedro City, Laguna Atty. Janice Siganay-Querrer RTC, OCC, Bangued, Abra Region VI Atty. Simon K. Toyokan, Jr. Ms. Nora N. Palaran RTC, OCC, Bontoc, Mt. Province MTCC, OCC, Bacolod City, Negros Occidental Region II Municipal Trial Courts Atty. Candice L. Gullon-Buyucan Region X RTC, Br. 14, Lagawe, Ifugao Ms. Jocelyn M. Rivas Region III MTC, Prosperidad, Agusan del Sur Atty. Mary Khristel A. Deompoc Municipal Circuit Trial Courts RTC, Br. 72, Olongapo City, Zambales Region I Region V Mr. Aniceto Francis C. Madronio Atty. Lheila Mozenda C. Mendoza 6th MCTC: Pozorrubio–Sison, Pangasinan RTC, Br. 36, Iriga City, Camarines Sur Region II Region VI Ms. Emelyn L. Ong Atty. Aireen O. Bonghanoy 8th MCTC: Angadanan-San Guillermo, Isabela RTC, Br. 41, Bacolod City, Negros Occidental Atty. Jo-Am B. Catalan Region IV RTC, OCC, Roxas City, Capiz Mr. Daniel Solomon D. Dacuno th Atty. Sarah Jane P. Dumancas 8 MCTC: Aborlan-Kalayaan, RTC, Br. 52, Bacolod City, Negros Occidental Ms. Sanilyn C. Gianan th Atty. Rusella G. Gabalda 7 MCTC: Quezon–Marcos–Dr. Jose P. Rizal, Palawan RTC, Br. 46, Bacolod City, Negros Occidental Mr. Luis K. Adefuin th Atty. Lorraine Kier J. Matiling 5 MCTC: Paete–Pakil–Pangil, Laguna RTC, Br. 32, Iloilo City, Iloilo Region V Atty. Fehma G. Suropia Mr. Hector A. Ontog RTC, Br. 38, Iloilo City, Iloilo 3rd MCTC: San Fernando-Batuan, Masbate Volume XVIII Issue No. 72 11 Region VI Mr. Jerwin R. Pomida Mr. Ferdinand Daniel B. Magallanes RTC, Br. 24, Biñan City, Laguna 3rd MCTC: Murcia–Salvador Benedicto, Negros Occidental Region VI 10th Orientation Seminar-Workshop for Newly Appointed Ms. Ma. Luz Y. Bernasol RTC, Br. 26, Iloilo City, Iloilo Sheriffs and Process Servers Date: November 15–17, 2016 Region VIII Venue: PHILJA Training Center, Tagaytay City Ms. Aileen C. Bato Participants: 25 newly appointed sheriffs and process servers, RTC, Br. 4, Dolores, Eastern Samar namely: Mr. Louie Eric A. Labador I. Sheriffs RTC, Br. 17, Palompon, Leyte Regional Trial Court Municipal Trial Courts in Cities Region XI Region IV Mr. Santi Julian G. Solomon Mr. Gener E. Escueta RTC, Br. 16, Davao City, Davao del Sur MTCC Biñan City, Laguna Metropolitan Trial Courts Region V National Capital Judicial Region Mr. Anastacio L. Zamudio Mr. Misael A. Cambronero MTCC, OCC, Naga City, Camarines Sur MeTC, Br. 91, Parañaque City Region VI Ms. Avelina B. Laderas Mr. Benhur P. Manares MeTC, OCC, Valenzuela City MTCC, Br. 5, Iloilo City, Iloilo Municipal Trial Courts in Cities Region VII Region IV Mr. Jess Archee R. Real Mr. Rodel G. Antique MTCC, OCC, Tagbilaran City, Bohol MTCC, Br. 1, Imus, Cavite Mr. Jose Victoriano J. Samson Region VI MTCC, OCC, Tagbilaran City, Bohol Mr. Edwin P. Timtiman Region XI MTCC, Br. 7, Bacolod City, Negros Occidental Ms. May Flor V. Sevillo Region X MTCC, Koronadal City, South Cotabato Mr. Cezar C. Gultia Municipal Trial Court MTCC, Bayugan City, Agusan del Sur II. Process Servers Region V Mr. Glenn L. Asug Regional Trial Courts MTC, Caramoan, Camarines Sur National Capital Judicial Region Municipal Circuit Trial Court Mr. Lorenzo M. Caacbay RTC, Br. 228, Quezon City Region VIII Mr. Farnel T. Caldit Mr. Frederick M. Lacaba RTC, Br. 58, Makati City 1st MCTC: Gamay–Lapinig–Mapanas, Northern Samar Mr. Johnsen Dave M. Villarama RTC, Br. 290, Malabon City Orientation and Training Seminar for Court Decongestion Region I Officers of Beneficiary Courts Mr. Marlon V. Cantoria National Capital Judicial Region and RTC, Br. 26, San Fernando City, La Union Regions I, II, IV and V Mr. Luisito S. Caranto, Jr. Date: October 19–20, 2016 RTC, Br. 17, Batac, Venue: The Bayleaf, Intramuros, Manila Region III Participants: 73 RTC, MeTC, MTCC and MTC court Mr. John Ruiz L. Gatchalian decongestion officers RTC, Br. 92, Balanga City, Bataan Visayas Judicial Regions Region IV Date: November 16–17, 2016 Mr. Alvin P. Dequito Venue: Harolds Hotel, Cebu City RTC, Br. 57, Lucena City, Quezon Participants: 68 RTC and MTCC court decongestion officers 12 October–December 2016

Seminar for Executive and May Rachel S. Nolasco-Silangil Vice Executive Judges Carlo Emmanuel D. Ong Vanessa Joy B. Ong Pe-Jones Sherwin Peter O. Pulayan Seminar for Executive and Vice Executive Judges Amador B. Rebato, Jr. First, Second, Fourth and National Capital Judicial Luisito D. Redoble Regions Revi D. Robis Date: December 7–8, 2016 Gregori P. Subong, Jr. Venue: PHILJA Training Center, Tagaytay City Henry Gerald P. Ysaac, Jr. Participants: 63 RTC, MeTC, MTCC and MTC executive and Doming L. Zorilla vice executive judges Region I Marlon S. Corpuz Irene A. Cortex-Corpuz Region III Career Development Program May Flor C. Abuedo1 Region IV Court Legal Researchers of the National Capital Judicial Ian D. Encarnacion Region and Luzon Diego Q. Francia Donabelle C. Talabong Date: November 3–4, 2016 Venue: PHILJA Training Center, Tagaytay City Region V Participants: 51 court legal researchers Marietta M. Belgica Nydia A. Hebrio Region VI Imee Conn A. Diamante-Buntalidad Basilio Antonio R. Garaygay Career Enhancement Program Region VII Nelson G. Leyco Olive Grace A. Tapayan-Hebron Regional Trial Court Sheriffs of the 11th Judicial Region Date: November 8–10, 2016 Region IX Venue: Apo View Hotel, Davao City Bryan S. Lim Participants: 38 sheriffs Region X Zaldy C. Lim Rosaleah L. Macarambon Cielo M. Manlangit-Rayos Pre-Judicature Program Aslia T. Pacabuntal-Pandapatan Christine Rose R. Ruiz Sheryl Jane C. Zambrano 40th Pre-Judicature Program Participants from Other Batches Date: October 17–28, 2016 Ma. Cristita A. Rivas-Santos2 Venue: Bayview Park Hotel, Roxas Boulevard, Manila Zaldy A. Monilla3 Participants: 39 lawyers, namely: Charlene Clara G. Mendoza4 Roselle P. Teh5 National Capital Judicial Region 6 Cristina V. Astudillo Divina Lea A. Perdiguerra Aniceto A. Calubaquib, Jr. Alexei P. Cardenas Tricia T. Defante-Andres 1 Incomplete attendance, did not attend sessions on October 26. Pearl Fatima L. Evardone-See Bok 2 Attended sessions on October 21, 27 and 28, 2016, Batch 37. Maribel M. Fernandez 3 Attended sessions on October 27 and 28, 2016, Batch 38. Markova I. Jacinto 4 Reginald L. Laco Attended sessions on October 28, 2016, Batch 36. Arnold A. Mediodia 5 Attended sessions on October 28, 2016, Batch 36. Nicolas B. Nicolas 6 Attended sessions on October 28, 2016, Batch 36. Volume XVIII Issue No. 72 13 Information Dissemination through a Dialogue between Barangay Officials and Court Officials Special Focus Program Government of Davao del Norte Date: October 27, 2016 Venue: Acacia Hall, Molave Hotel, Tagum City Advanced Competency Training for Judges, Prosecutors, Participants:121 barangay officials Legal Researchers, Social Workers, and Law Enforcement Province of Nueva Vizcaya Investigators Handling Trafficking in Persons Cases Date: November 24, 2016 Development Partners: Australia–Asia Program to Combat Venue: Bayombong, Nueva Vizcaya Trafficking in Persons (AAPTIP) Participants:120 barangay officials Date: October 4–6, 2016 Venue: Vista Marina Hotel and Resort, Subic Bay Freeport Province of Ifugao Zone, Olongapo City, Zambales Date: November 25, 2016 Participants: 28 RTC judges, court legal researchers and court Venue: Sangguniang Panlalawigan Hall, Capitol Building, social workers, prosecutors, law enforcement investigators, Lagawe, Ifugao and observers from the DOJ TFATIP Participants:111 barangay officials Eighth Seminar-Workshop on Deposit Insurance, Banking Capacity Building on Environmental Laws and the Rules Practices, Bank Conservatorship, Receivership and of Procedure for Environmental Cases for Selected Judges Liquidation and Clerks of Court Development Partner: Philippine Deposit Insurance Regions I, II and the National Capital Judicial Region Corporation Date: October 5–7, 2016 Date: November 16–17, 2016 Venue: PHILJA Training Center, Tagaytay City Venue: Hotel Fortuna, Cebu City Participants: 16 RTC, MTCC and MCTC judges and clerks of Participants:33 RTC judges court Region IV Seminar on the Financial Liquidation and Suspension Date: December 14–16, 2016 of Payments (FLSP) Rules of Procedure for Special Venue: PHILJA Training Center, Tagaytay City Commercial Court Judges and Pairing Court Judges of Participants:32 RTC and MTC judges and clerks of court the National Capital Judicial Region Date: November 18, 2016 Strategic Performance Management System (SPMS) Venue: Manila Diamond Hotel, Manila Trainers’ Training Participants:32 RTC judges Batch 10 Special Course on International Criminal Law and Security Date: October 6–7, 2016 Basic Course Venue: VIP Hotel, Cagayan de Oro City Date: November 21–24, 2016 Participants: 52 RTC, MTCC, MTC and MCTC judges and court Venue: PHILJA Training Center, Tagaytay City personnel of Regions IX and X Participants: 55 RTC judges, PHILJA professorial lecturers, court attorneys from the Supreme Court, Court of Appeals Seminar-Workshop for Selected Judges on Financial and Sandiganbayan, and lawyers from the Department of Crimes and Money Laundering Justice, Department of Foreign Affairs, Office of the Solicitor Development Partner: United States of Justice Criminal General and Bureau of Immigration, and representatives from Division–Office of Overseas Prosecutorial Development, the academe Assistance and Training (DOJ-OPDAT) Advanced Course Date: October 6–7, 2016 Date: November 24–26, 2016 Venue: Manila Diamond Hotel, Manila Venue: PHILJA Training Center, Tagaytay City Participants:24 RTC judges Participants: 36 RTC and MTC judges, court attorneys from the Supreme Court, Court of Appeals and Sandiganbayan, PHILJA Curriculum Review: Module Development PAO lawyers, and representatives from the Senate of the Consultations with the Justices of the Sandiganbayan and Philippines, Office of the Solicitor General, Department of Court of Tax Appeals Foreign Affairs and academe Date: October 27, 2016 Venue: Sandiganbayan, Quezon City; Court of Tax Appeals, Competency Enhancement Training for Judges and Court Quezon City Personnel Handling Cases Involving Children Participants: 23 Sandiganbayan and Court of Tax Appeals Development Partners: Consuelo Foundation and Child justices Protection Network Foundation, Inc. 14 October–December 2016

Date: November 22–24, 2016 Date: October 19–21, 2016 Venue: Hotel Jen, Roxas Boulevard, Manila Venue: Limketkai Luxe Hotel, Cagayan de Oro City Participants: 67 RTC judges, branch clerks of court/officers- Participants: 311 MTCC, MTC, MCTC, SDC, SCC and SHCC in-charge, court interpreters and court social workers, judges prosecutors, PAO lawyers, and representatives from Consuelo Foundation Philippine Judges Association (PJA) Mid-Term Convention Theme: In the Pursuit of Excellence in the Third Millenium Seminar-Workshop on Strengthening Judicial Integrity Date: November 12–14, 2016 and Rule of Law for Selected Judges of the National Venue: Baguio Country Club, Baguio City Judicial Capital Region Participants:426 RTC judges Date: December 12–13, 2016 Venue: Bayview Park Hotel, Manila Ninth Convention and Seminar of the Philippine Participants:24 RTC judges Association of Court Interpreters, Inc. (PHILACI) Theme: PHILACI: Committing to Uplift Court Interpreting in Personal Security Training for Judges the Philippines Development Partners: Supreme Court–Committee on Date: December 1–3, 2016 Security–Office of the Court Administrator and National Venue: Subic Bay Traveler’s Hotel, Subic Bay Freeport Zone, Bureau of Investigation Zambales Date: December 13–15, 2016 Participants: 381 RTC, MeTC, MTCC, MTC, MCTC and SHCC Venue: PHILJA Training Center, Tagaytay City court interpreters Participants:23 RTC, MeTC, MTCC, MTC and MCTC judges 10th National Convention and General Assembly of the Seminar-Workshop on Dangerous Drugs for Judges, Philippine Association of Court Social Workers, Inc. Prosecutors, and Law Enforcers of the National Capital (PACSWI) Judicial Region Theme: Empowering the Social Workers of the Judiciary with Development Partners: Dangerous Drugs Board In-depth Professionalism Date: December 14–16, 2016 Date: December 6–8, 2016 Venue: Century Park Hotel, Manila Venue: Limketkai Luxe Hotel, Cagayan de Oro City Participants: 87 RTC judges, prosecutors, and representatives Participants:33 court social workers from the Parole and Probation Agency, National Bureau of Investigation, National Police Commission, PNP Anti-Illegal National Convention and Seminar of the First Level Clerks Drug Group, Philippine Dangerous Drugs Board, City Anti-Drug of Court Association of the Philippines (FLECCAP) Abuse Council, Bureau of Customs and Department of Health Theme: FLECCAP: The Embodiment of Judicial Integrity, Independence, and Competence in the Public Service Date: December 7–9, 2016 Venue: Roundtable Discussion Aziza Paradise Hotel, Puerto Princesa City, Palawan Participants: 335 MeTC, MTCC, MTC, MCTC, SCC and SHCC clerks

Cybercrimes and the Courts: A Roundtable Discussion Development Partners: United States of Justice, Criminal Division, Office of Overseas Prosecutorial Development, Assistance and Training Alternative Dispute Resolution Program Date: October 21, 2016 Venue: Pan Pacific Hotel, Manila Participants: 15 judges and representatives from the Basic Mediation Course Philippine and US Departments of Justice, National Bureau of Investigation, Philippine National Police and academe Bogo City and Danao City Mediation Programs Date: November 21–24, 2016 Venue: Hotel Elizabeth, Cebu City Participants: Convention-Seminar 30 mediation trainees Refresher/Advanced Course for Court-Annexed Mediators (Skills Enhancement Course) 23rd Convention and Seminar of the Philippine Trial Judges Metro Manila Mediation Program League, Inc. (PTJLI) Date: December 7–8, 2016 Theme: PTLJI: Responding to the Clarion Call for Positive Venue: PHILJA Training Center, Tagaytay City Change Participants:50 mediators Volume XVIII Issue No. 72 15 Pre-Internship Orientation and Meeting with Judges, Participants: 37 judges, clerks of court, prosecutors, public Clerks of Court, Branch Clerks of Court, Mediation Trainees attorneys, IBP lawyers, and representatives from the local and PMC Unit Staff government units, non-government organization, civil societies, business sectors, academe and media Bogo City and Danao City Mediation Programs Date: November 24, 2016 Orientation and Screening of Prospective Mediators and Venue: Hotel Elizabeth, Cebu City PMC Unit Staff Participants:49 judges, clerks of court, mediation trainees and PMCU staff Bogo City Mediation Program Date: October 25, 2016 Orientation Conference with Stakeholders on Court- Venue: Hall of Justice, Bogo City, Cebu Annexed Mediation Participants:7 prospective mediators Bogo City Mediation Program Danao City Mediation Program Date: October 5, 2016 Date: October 26, 2016 Venue: Hisoler Beach Resort, Bogo City, Cebu Venue: Hall of Justice, Danao City, Cebu Participants: 38 judges, clerks of court, prosecutors, public Participants: 18 prospective mediators and PMCU staff attorneys, IBP lawyer, and representatives from the local applicant government units, civil societies and business sectors Cebu City Mediation Program Danao City Mediation Program Date: October 27, 2016 Date: October 6, 2016 Venue: Hall of Justice, Cebu City, Cebu Venue: Coco Palms, Danao City, Cebu Participants:7 prospective mediators

Atty. BRENDA JAY C. ANGELES-MENDOZA Chief of Office for the Philippine Mediation Center Philippine Judicial Academy Appointed on June 28, 2016 Assumed Office on October 3, 2016

Brenda Jay Angeles-Mendoza is a From 2000 to 2008, she was a consultant and later program lawyer with keen interest in mediation, officer at The Asia Foundation where she helped manage the environment and natural resources Foundations’ Legal Accountability and Dispute Resolution law and policy, and legal reform. (LADR) and Conflict Management programs. From 1996 Before her appointment as Chief of to 1998, she co-directed a project of the Department of Office for the Philippine Mediation Environment and Natural Resources and Tanggol Kalikasan Center, she was an environmental law on the use of alternative dispute resolution in environment specialist (consultant) at the Asian and natural resources conflicts. Over the past years, she Development Bank’s Office of the General Counsel–Law, lectured frequently and served as a resource person or Justice, and Development program. She is also an assistant facilitator on environmental law and policy, alternative professorial lecturer at the De La Salle University College of dispute resolution, court-annexed mediation and judicial Law. She is currently the vice president of the Mediators’ dispute resolution, negotiation, environmental conflict Network for Sustainable Peace, the vice chairperson of the management, and legal and judicial ethics issues. Philippine Judicial Academy’s Department of Alternative Atty. Mendoza holds a Master in Public Administration Dispute Resolution, and a member of the Academy’s Corps from the Lee Kuan Yew School of Public Policy, National of Professors. University of Singapore, and Bachelor of Laws and In 2009, she was the Canadian International Bachelor of Arts in Philosophy (cum laude) degrees from Development Agency’s consultant who was seconded to the University of the Philippines. She has also attended the Supreme Court’s Philippine Mediation Center Office certificate programs on Environmental Law (Asia Pacific where she mentored judicial staff and facilitated skills- Center for Environmental, NUS) and Alternative Dispute enhancement programs on dispute resolution for judges. Resolution (Colorado Dispute Resolution Center, USA). 16 October–December 2016 is granted only after issuance of the freeze order physically seizing the subject bank account. It cannot be undertaken prior to the issuance of the freeze order. While no grave abuse of discretion could be ascribed on the part of the appellate court when it explained in its letter that petitions of such nature “is strictly confidential in that when Commercial Law processing the same, not even the handling staff members of the Office of the Presiding Justice know or have any knowledge who the subject bank account holders are, as well as the bank Section 11 of the AMLA providing forex-parte application accounts involved,” it was incorrect when it declared that and inquiry by the AMLC into certain bank deposits and “under the rules, the Office of the Presiding Justice is strictly investments not violative of substantive due process mandated not to disclose, divulge, or communicate to anyone As previously adverted to in our discussion on the right directly or indirectly, in any manner or by any means, the to privacy, the clash of privacy rights and interest against fact of the filing of any petition brought before [the Court of that of the government’s is readily apparent. However, the Appeals] by the Anti-Money Laundering Council, its contents statutorily enshrined general rule on absolute confidentiality and even its entry in the logbook.” As a result, the appellate of bank accounts remains. Thus, the safeguards instituted in court effectively precluded and prevented SPCMB of any Section 11 of the AMLA and heretofore discussed provide for recourse, amounting to a denial of SPCMB’s letter request. certain well-defined limits, as in the language of Baker v. Carr, We cannot overemphasize that SPCMB, as the owner of “judicially discoverable standards” for determining the validity the bank account which may be the subject of inquiry of the of the exercise of such discretion by the appellate court in, AMLC, ought to have a legal remedy to question the validity denying the letter-request of SPCMB. In short, Section 11 itself and propriety of such an order by the appellate court under provides the basis for the judicial inquiry and which the owner Section 11 of the AMLA even if subsequent to the issuance of the bank accounts subject of the AMLC inquiry may invoke. of a freeze order. Moreover, given the scope of inquiry of the Undeniably, there is probable and preliminary AMLC, reaching and including even related accounts, which governmental action against SPCMB geared towards inquiry into specifies a proviso that: “[t]hat the procedure implementation of the AMLA directed at SPCMB’s property, for the ex-parte application of the ex-parte court order although there is none, as yet, physical seizure thereof, as for the principal account shall be the same with that of the in freezing of bank accounts under Section 10 of the AMLA. related accounts,” SPCMB should be allowed to question the Note, however, that the allowance to question the bank government intrusion. Plainly, by implication, SPCMB can inquiry order we carve herein is tied to the appellate court’s demonstrate the absence of probable cause, i.e. that it is not issuance of a freeze order on the principal accounts. Even in a related account nor are its accounts materially linked to the Eugenio, while declaring that the bank inquiry order under principal account being investigated. Section 11 then required prior notice of such to the account x x x x owner, we recognized that the determination of probable cause by the appellate court to issue the bank inquiry order All told, we affirm the constitutionality of Section 11 of can be contested. As presently worded and how AMLC the AMLA allowing the ex-parte application by the AMLC for functions are designed under the AMLA, the occasion for the authority to inquire into, and examine, certain bank deposits issuance of the freeze order upon the actual physical seizure and investments. of the investigated and inquired into bank account, calls into Section 11 of the AMLA providing for the ex-parte bank motions the opportunity for the bank account owner to then deposit inquiry is constitutionally firm for the reasons already question, not just probable cause for the issuance of the freeze discussed. The ex-parte inquiry shall be upon probable cause order under Section 10, but, to begin with, the determination that the deposits or investments are related to an unlawful of probable cause for an ex-parte bank inquiry order into a activity as defined in Section 3(i) of the law or a money purported related account under Section 11. laundering offense under Section 4 of the same law. To effect In enacting the amendment to Section 11 of the AMLC, the limit on the ex-parte inquiry, the petition under oath for the legislature saw it fit to place requirements before a authority to inquire, must, akin to the requirement of a petition bank inquiry order may be issued. We discussed these for freeze order enumerated in Title VIII of A.M. No. 05-11- requirements as basis for a valid exception to the general rule 04-SC, contain the name and address of the respondent; the on absolute confidentiality of bank accounts. However, these grounds relied upon for the issuance of the order of inquiry; very safe guards allow SPCMB, post issuance of the ex-parte and the supporting evidence that the subject bank deposit are bank inquiry order, legal bases to question the propriety of in any way related to or involved in an unlawful activity. such issued order, if any. To emphasize, this allowance to the If the CA finds no substantial merit in the petition, it shall owner of the bank account to question the bank inquiry order dismiss the petition outright stating the specific reasons for Volume XVIII Issue No. 72 17 such denial. If found meritorious and there is a subsequent the adverse counsel or on the adverse party who is not petition for freeze order, the proceedings shall be governed represented by counsel. by the existing Rules on Petitions for Freeze Order in the CA. Sec. 9. Appeal fee. – The appellant in an election From the issuance of a freeze order, the party aggrieved by the contest shall pay to the court that rendered the decision ruling of the court may appeal to the Supreme Court by petition an appeal fee of One Thousand Pesos (P1,000.00), for review on certiorari under Rule 45 of the Rules of Court simultaneously with the filing of the notice of appeal. raising all pertinent questions of law and issues, including the (Emphasis supplied.) propriety of the issuance of a bank inquiry order. The appeal With respect to the payment of the COMELEC appeal fee, shall not stay the enforcement of the subject decision or final an appellant is also required to pay an additional amount of order unless the Supreme Court directs otherwise. The CA P3,200 under S e c ti o n 3 , R u l e 4 0 o f t h e C O M E L E C R u l e s o f is directed to draft rules based on the foregoing discussions Procedure, as amended by COMELEC Minute Resolution No. to complement the existing A.M. No. 05-11-04-SC Rule of 02-0130, to wit: Procedure in Cases of Civil Forfeiture, Asset Preservation, and Freezing of Monetary Instrument, Property, or Proceeds Sec. 3. Appeal Fees. – The appellant in election cases Representing, Involving, or Relating to an Unlawful Activity or shall pay an appeal fee as follows: Money Laundering Offense under Republic Act No. 9160, as (a) For election cases appealed from Regional Trial Amended for submission to the Committee on the Revision of Courts ..... P3,000 (per appellant) the Rules of Court and eventual approval and promulgation of (b) For election cases appealed from courts of limited the Court en banc. jurisdiction ..... P3,000 (per appellant) Perez, J., Subido Pagente Certeza Mendoza and Binay Law Officesv. The Formerly, under Section 4, Rule 40 of the COMELEC Court of Appeals, G.R. No. 216914, December 6, 2016. Rules of Procedure, the appeal fee payable to the COMELEC “shall be paid to, and deposited with, the Cash Division of the Commission within a period to file the notice of appeal.” Said period refers to the period stated in Section 3, Rule 22 Remedial Law of the aforesaid Rules, which is within five days after the promulgation of the decision of the court. The promulgation of the decision is understood to mean the receipt by a party of Perfection of appeal in a municipal election contest a copy of the decision. At the outset, the Court notes that the COMELEC erroneously Thereafter, on July 15, 2008, the COMELEC promulgated cited A.M. No. 07-4-15-SC as the applicable rules in the instant COMELEC Resolution No. 8486 in order to clarify the cases. Said rules, which took effect on May 15, 2007, laid down implementation of the rules on the required appeal fees for the procedure for election contests and quo warranto cases the perfection of the appeals of election cases decided by the involving municipal and barangay officials that are initiated trial courts. x x x in the trial courts. The same supplanted Rule 35 (“Election x x x x Contests before Courts of General Jurisdiction”) and Rule 36 (“Quo Warranto Case before Courts of General Jurisdiction”)of Plainly, COMELEC Resolution No. 8486 allows an appellant the 1993 COMELEC Rules of Procedure. to pay the COMELEC appeal fee at the COMELEC’s Cash Division through the ECAD or by postal money order payable However, for the May 10, 2010 Automated Elections, the to the COMELEC within a period of 15 days from the time of Court approved on April 27, 2010 A.M. No. 10-4-1-SC, the the filing of the notice of appeal in the trial court. COMELEC 2010 Rules of Procedure in Election Contests before the Courts Resolution No. 8486, for all intents and purposes, extended Involving Elective Municipal Officials. For municipal election the period provided for the filing of the COMELEC appeal fee contests, A.M. No. 10-4-1-SC superseded A.M. No. 07-4-15- under Section 4, Rule 40 in relation to Section 3, Rule 22 of the SC. COMELEC Rules of Procedure. Thus, in Batalla v. Commission To appeal the trial court’s decision in a municipal election on Elections, the Court confirmed that COMELEC Resolution contest, Sections 8 and 9, Rule 14 of A.M. No. 10-4-1-SC No. 8486 effectively amended Section 4, Rule 40 of the require the filing of a notice of appeal and the simultaneous COMELEC Rules of Procedure. payment of a P1,000 appeal fee to the trial court that rendered Incidentally, although COMELEC Resolution No. 8486 judgment. Thus – specifically mentions Sections 8 and 9, Rule 14 of A.M. No. Sec. 8. Appeal. – An aggrieved party may appeal the 07-4-15-SC as the applicable provisions on the procedure decision to the COMELEC within five (5) days after for instituting an appeal before the courts in election cases promulgation, by filing a notice of appeal with the involving elective municipal and barangay officials, the same court that rendered the decision, with copy served on does not materially affect the application of the said resolution 18 October–December 2016

First Impressions would appear that no court, other than the Supreme Remedial Law (Continued) Court, possesses such jurisdiction. To hold otherwise in this case as Sections 8 and 9, Rule 14 of A.M. No. 07-4-15-SC would amount to a presumption of power in favor of are substantially similar to Sections 8 and 9, Rule 14 of A.M. one branch of the judiciary, as against another branch No. 10-4-1-SC. To repeat, A.M. No. 10-4-1-SC superseded A.M. of equal rank. x x x No. 07-4-15-SC insofar as municipal elections are concerned. The above ruling is deemed to have been modified by Batas Pambansa Blg. 129, which granted the Court Leonardo-De Castro, J., Jocelyn “Joy” Lim-Bungcaras v. COMELEC, G.R. Nos. 209415-17, November 15, 2016. of Appeals exclusive appellate jurisdiction over “all final judgments, resolutions, orders or awards of Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commission” except those falling within the appellate jurisdiction of the Supreme Court in accordance with the Constitution and the Labor Code. In this regard, Rule 43 of the Rules of Court provides that an appeal from any award, judgment or resolution of or authorized by a quasi-judicial agency in the exercise of its quasi-judicial functions, including the NTC, shall be through a petition for review with the Court Remedial Law of Appeals. In view of the legislative history of the NTC, it is clear that Congress intended NTC, in respect of its quasi-judicial Principle of non-interference with tribunals of concurrent or adjudicatory functions, to be co-equal with regional trial or coordinate jurisdiction courts. Hence, the RTC cannot interfere with the NTC’s Under Rule 58, Section 2 of the 1997 Rules of Civil Procedure, exercise of its quasi-judicial powers without breaching the rule the court where the action is pending may grant the provisional of non-interference with tribunals of concurrent or coordinate remedy of preliminary injunction. Generally, trial courts jurisdiction. In this case, the NTC was already in the process of have the ancillary jurisdiction to issue writs of preliminary resolving the issue of whether the access charges stipulated injunction in cases falling within its jurisdiction, including civil in the Agreement were fair and equitable pursuant to its actions that are incapable of pecuniary estimation and claims mandate under RA No. 7925 when the RTC issued the assailed for sum of money exceeding P400,000 among others. There writ of preliminary injunction. Mediation conferences had are, however, exceptions to this rule, such as when Congress, been conducted and, failing to arrive at a settlement, the NTC in the exercise of its power to apportion jurisdiction, restricts had ordered the parties to submit their respective pleadings. the authority of regular courts to issue injunctive reliefs. For Simply put, the NTC had already assumed jurisdiction over the example, the Labor Code prohibits any court from issuing issue involving access charges. Undeniably, the RTC exceeded injunctions in cases involving or arising from labor disputes. its jurisdiction when it restrained the NTC from exercising its Similarly, Republic Act No. 8975 (RA No. 8975) provides statutory authority over the dispute. that no court, other than the Supreme Court, may issue Jardeleza, J., Philippine Telegraph & Telephone Corp. v. Smart provisional injunctive reliefs which would adversely affect the Communications, Inc., G.R. No. 189026, November 9, 2016. expeditious implementation and completion of government infrastructure projects. Another well-recognized exception is that courts could not interfere with the judgments, orders, or decrees of a court of concurrent or coordinate jurisdiction. This rule of non-interference applies not only to courts of law having equal rank but also to quasi-judicial agencies statutorily at par with such courts. x x x x Commercial Law x x x In Iloilo Commercial and Ice Company v. Public Service Commission, we categorically held that courts of first instance have no power to issue a restraining order directed to the PSC. Proper interpretation of the term “capital” in Section 11, x x x The Court, speaking through Justice Malcolm, said: Article XII of the 1987 Constitution x x x x The decretal portion of the Gamboa Decision follows the x x x In the absence of a specific delegation of jurisdiction definition of the term “capital” in the body of the decision, to to Courts of First Instance to grant injunctive relief wit: “x x x we x x x rule that the term ‘capital’ in Section 11, against orders of the Public Service Commission, it Article XII of the 1987 Constitution refers only to shares of Volume XVIII Issue No. 72 19 stock entitled to vote in the election of directors, and thus in to aliens cannot be considered held by Philippine citizens the present case only to common shares, and not to the total or Philippine nationals. outstanding capital stock (common and non-voting preferred Echoing the FIA-IRR, the Court stated in the Gamboa shares).” Decision that: The Court adopted the foregoing definition of the term Mere legal title is insufficient to meet the 60 percent “capital” in Section 11, Article XII of the 1987 Constitution Filipino-owned “capital” required in the Constitution. Full in furtherance of “the intent and letter of the Constitution beneficial ownership of 60 percent of the outstanding that the ‘State shall develop a self-reliant and independent capital stock, coupled with 60 percent of the voting national economyeffectively controlled by ’ [because rights, is required. The legal and beneficial ownership a] broad definition unjustifiably disregards who owns the all- of 60 percent of the outstanding capital stock must rest important voting stock, which necessarily equates to control in the hands of Filipino nationals in accordance with the of the public utility.” The Court, recognizing that the provision constitutional mandate. Otherwise, the corporation is is an express recognition of the sensitive and vital position of “considered as non-Philippine national[s].” public utilities both in the national economy and for national x x x x security, also pronounced that the evident purpose of the citizenship requirement is to prevent aliens from assuming The legal and beneficial ownership of 60 percent control of public utilities, which may be inimical to the of the outstanding capital stock must rest in the hands of Filipinos in accordance with the constitutional national interest. Further, the Court noted that the foregoing mandate. Full beneficial ownership of 60 percent of the interpretation is consistent with the intent of the framers of outstanding capital stock, coupled with 60 percent of the the Constitution to place in the hands of Filipino citizens the voting rights, is constitutionally required for the State’s control and management of public utilities; and, as revealed grant of authority to operate a public utility. x x x in the deliberations of the Constitutional Commission, “capital” refers to the voting stock orcontrolling interest of a Was the definition of the term “capital” in Section 11, corporation. Article XII of the 1987 Constitution declared for the first time by the Court in the Gamboa Decision modified in theGamboa In this regard, it would be apropos to state that since Resolution? Filipinos own at least 60 percent of the outstanding shares of stock entitled to vote directors, which is what the Constitution The Court is convinced that it was not. The Gamboa precisely requires, then the Filipino stockholders control the Resolution consists of 51 pages (excluding the dissenting corporation,i.e. , they dictate corporate actions and decisions, opinions of Associate Justices Velasco and Abad). For the most and they have all the rights of ownership including, but not part of the Gamboa Resolution, the Court, after reviewing limited to, offering certain preferred shares that may have SEC and DOJ Opinions as well as the provisions of the FIA greater economic interest to foreign investors—as the need and its predecessor statutes, reiterated that both the Voting for capital for corporate pursuits (such as expansion), may be Control Test and the Beneficial Ownership Test must be good for the corporation that they own. Surely, these “true applied to determine whether a corporation is a “Philippine owners” will not allow any dilution of their ownership and national” and that a “Philippine national” as defined in the control if such move will not be beneficial to them. FIA and all its predecessor statutes, is a Filipino citizen, or a domestic corporation “at least 60 percent of the capital x x x x stock outstanding and entitled to vote,” is owned by Filipino The Court observed further in the Gamboa Decision citizens. A domestic corporation is a “Philippine national” only that reinforcing this interpretation of the term “capital”, as if at least 60 percent of its voting stock is owned by Filipino referring to interests or shares entitled to vote, is the definition citizens.” The Court also reiterated that, from the deliberations of a Philippine national in the Foreign Investments Act of 1991 of the Constitutional Commission, it is evident that the term (“FIA”), which is explained in the Implementing Rules and “capital” refers to controlling interest of a corporation, and Regulations of the FIA (“FIA-IRR”). The FIA-IRR provides: the framers of the Constitution intended public utilities to be majority Filipino-owned and controlled. Compliance with the required Filipino ownership of a corporation shall be determined on the basis of The “Final Word” of the Gamboa Resolution put to rest outstanding capital stock whether fully paid or not, but the Court’s interpretation of the term “capital”, and this is only such stocks which are generally entitled to vote are quoted verbatim, to wit: considered. XII. For stocks to be deemed owned and held by Final Word Philippine citizens or Philippine nationals, mere legal title is not enough to meet the required Filipino equity. The Constitution expressly declares as State policy the Full beneficial ownership of the stocks, coupled with development of an economy “effectively controlled” by appropriate voting rights is essential. Thus, stocks, the Filipinos. Consistent with such State policy, the Constitution voting rights of which have been assigned or transferred explicitly reserves the ownership and operation of public 20 October–December 2016

Doctrinal Reminders Commercial Law (Continued) In case of full or partial denial of the claim for tax refund or tax credit, or the failure on the utilities to Philippine nationals, who are defined in the Foreign part of the Commissioner to act on the application Investments Act of 1991 as Filipino citizens, or corporations or within the period prescribed above, the taxpayer associations at least 60 percent of whose capital with voting affected may, within 30 days from the receipt of the rights belongs to Filipinos. The FIA’s implementing rules explain decision denying the claim or after the expiration that “[f]or stocks to be deemed owned and held by Philippine of the 120-day period, appeal the decision or citizens or Philippine nationals, mere legal title is not enough the unacted claim with the Court of Tax Appeals. to meet the required Filipino equity. Full beneficial ownership (Emphasis supplied) of stocks, coupled with appropriate voting rights is essential.” In effect, the FIA clarifies, reiterates and confirms the Based on the plain language of the foregoing provision, a interpretation that the term “capital” in Section 11, Article XII VAT-registered taxpayer claiming for a refund or tax credit of of the 1987 Constitution refers to shares with voting rights, as its excess and unutilized input VAT must file an administrative well as with full beneficial ownership. This is precisely because claim within two years from the close of the taxable quarter the right to vote in the election of directors, coupled with full when the sales are made. After that, the CIR is given 120 days, beneficial ownership of stocks, translates to effective control of from the submission of complete documents in support of a corporation. said administrative claim, within which to grant or deny said Everything told, the Court, in both the Gamboa Decision claim. Upon receipt of CIR’s decision, denying the claim in and Gamboa Resolution, finally settled with the FIA’s full or partially, or upon the expiration of the 120-day period definition of “Philippine national” as expounded in the FIA-IRR without action from the CIR, the taxpayer has 30 days within in construing the term “capital” in Section 11, Article XII of the which to file a petition for review with the CTA. 1987 Constitution. As earlier stated, this Court in Aichi clarified that the 120- Caguioa, J., Jose M. Roy III v. Chairperson Teresita Herbosa and the day period granted to the CIR is mandatory and jurisdictional, Securities and Exchange Commission, G.R. No. 207246, November 22, the non-observance of which is fatal to the filing of a judicial 2016. claim with the CTA. The Court further explained that the two- year prescriptive period under Section 112(A) of the NIRC pertains only to the filing of the administrative claim with the BIR; while the judicial claim may be filed with the CTA within 30 Taxation Law days from the receipt of the decision of the CIR or expiration of 120-day period of the CIR to act on the claim. x x x Exception to the mandatory and jurisdictional nature of x x x x the 120-day period under Section 112 (c ) of the NIRC Subsequently, in San Roque, while the Court reiterated Section 112 of the NIRC provides for the rules on claiming the mandatory and jurisdictional nature of the 120+30 day refunds or tax credits of unutilized input VAT, the pertinent periods, it recognized as an exception BIR Ruling No. DA-489- portions of which read as follows: 03, issued prior to the promulgation of Aichi, where the BIR expressly allowed the filing of judicial claims with the CTA Sec. 112. Refunds or Tax Credits of Input Tax. – even before the lapse of the 120-day period. The Court held A) Zero-rated or Effectively Zero-rated Sales. – Any that BIR Ruling No. DA-489-03 furnishes a valid basis to hold VAT-registered person, whose sales are zero- the CIR in estoppel because the CIR had misled taxpayers into rated or effectively zero-rated may, within two filing judicial claims before the CTA even before the lapse of years after the close of the taxable quarter when the 120-day period: the sales were made, apply for the issuance of a tax credit certificate or refund of creditable input There is no dispute that the 120-day period is mandatory tax due or paid attributable to such sales, except and jurisdictional, and that the CTA does not acquire transitional input tax, to the extent that such input jurisdiction over a judicial claim that is filed before the tax has not been applied against output tax: x x x expiration of the 120-day period. There are, however, two exceptions to this rule. The first exception is if the x x x x Commissioner, through a specific ruling, misleads a C) Period within which Refund or Tax Credit of particular taxpayer to prematurely file a judicial claim Input Taxes shall be Made. – In proper cases, the with the CTA. Such specific ruling is applicable only to Commissioner shall grant a refund or issue the tax such particular taxpayer. The second exception is where credit certificate for creditable input taxes within the Commissioner, through a general interpretative 120 days from the date of submission of complete rule issued under Section 4 of the Tax Code, misleads documents in support of the application filed in all taxpayers into filing prematurely judicial claims with accordance with Subsection (A) hereof. the CTA. In these cases, the Commissioner cannot be Volume XVIII Issue No. 72 21 allowed to later on question the CTA’s assumption of been concluded when the present petition was filed. On this jurisdiction over such claim since equitable estoppel has account, the petition is also premature for the purpose of set in as expressly authorized under Section 246 of the compelling the respondents to comply with Sections 26 and Tax Code. 27 of the LGC. x x x x The purpose of a writ of continuing mandamus is to BIR Ruling No. DA-489-03 is a general interpretative compel the respondent to perform his duties under the rule because it was a response to a query made, not law. This remedy is available when any government agency, by a particular taxpayer, but by a government agency instrumentality, or officer unlawfully neglects a specific legal tasked with processing tax refunds and credits, that duty in connection with the enforcement or violation of an is, the One Stop Shop Inter-Agency Tax Credit and environmental law, rule, or regulation, or a right therein, or Drawback Center of the Department of Finance. This unlawfully excludes another from the use or enjoyment of government agency is also the addressee, or the entity such right and there is no other plain, speedy and adequate responded to, in BIR Ruling No. DA-489-03. Thus, while remedy in the ordinary course of law. this government agency mentions in its query to the The writ cannot be resorted to when the respondent is Commissioner the administrative claim of Lazi Bay not the person obliged to perform the duty under the law (as Resources Development, Inc., the agency was in fact is the case under the EIS System) or when the period for the asking the Commissioner what to do in cases like the tax respondent to perform its legal duty has not yet expired (as claim of Lazi Bay Resources Development, Inc., where is the case with the consultation requirements of the LGC). the taxpayer did not wait for the lapse of the 120-day Accordingly, we cannot issue a writ of continuing mandamus. period. The petition does not warrant a Writ of Kalikasan Clearly, BIR Ruling No. DA-489-03 is a general interpretative rule. Thus, all taxpayers can rely on BIR Likewise, the Court cannot issue a writ of kalikasan based Ruling No. DA-489-03 from the time of its issuance on on the petition. The writ is a remedy to anyone whose December 10, 2003 up to its reversal by this Court in constitutional right to a balanced and healthful ecology is Aichi on October 6, 2010, where this Court held that the violated or threatened with violation by an unlawful act or 120+30 day periods are mandatory and jurisdictional. omission. However, the violation must involve environmental (Emphasis supplied) damage of such magnitude as to prejudice the life, health, or Following San Roque, the Court, in a catena of cases, has property of inhabitants in two or more cities or provinces in consistently adopted the rule that the 120-day waiting period order to warrant the issuance of the writ. does not apply to claims for refund that were prematurely The petitioners allege that the respondents have begun filed during the period from the issuance of BIR Ruling No. the process of transgressing their right to health and a DA-489-03 on December 10, 2003, until October 6, 2010, balanced ecology through the bidding process. They cite when the Aichi was promulgated; but before and after said The Competitiveness of Global Port-Cities: Synthesis Report period, the observance of the 120-day period is mandatory to identify the four major negative impacts related to port and jurisdictional. operations: 1) environmental impacts, 2) land use impacts, x x x x 3) traffic impacts, and 4) other impacts. The synthesis report claims that most of these impacts affect the surrounding All told, the Court maintains that the 120-day period is localities. permissible from December 10, 2003, when BIR Ruling No. DA-489-03 was issued, until October 6, 2010, when Aichi was They claim that the environmental impacts of port promulgated; but before and after said period, the observance operations “are within the field of air emissions, water quality, of the 120-day period is mandatory and jurisdictional. s o i l , w a s t e , b i o d i v e r s i t y , n o i s e a n d o t h e r i m p a c t s . T h e s e environmental impacts can have severe consequences for Caguioa, J., Commissioner of Internal Revenue v. Deutsche Knowledge the health of the population of the port city, especially for the Services, PTE. LTD., November 7, 2016. poorer parts of port cities.” The petitioners also citeManaging Impacts of Development in the Coastal Zone, a joint publication of the DENR, the Bureau Remedial Law of Fisheries and Aquatic Resources (BFAR), the Department of the Interior and Local Government (DILG), and the DENR Coastal Resource Management Project (CRMP) that identified Issuance of Writ of Continuing Mandamus and Writ of the effects of coastal construction and reclamation, including Kalikasan, when warranted ports and offshore moorings. The petition alleges that: The Sasa Wharf Modernization Project has not yet reached 26. According to Managing Impacts, “Coastal the construction stage. The bidding process had not even construction has been the most widespread of 22 October–December 2016

Doctrinal Reminders Remedial Law (Continued) Special Course on International Criminal Law and Security (Continued from page 9) activities affecting coastal resources” since “Any by Mr. Karim A. A. Khan Q.C. and Dato Shyamala Alagendra; construction that modifies the shoreline will Substantive Offenses: Extrajudicial Killings by Mr. Khan; invariably change currents, wave action, tidal Modes of Liability: Individual Criminal Responsibility by fluctuations, and the transport of sediments Prof. Dr. Judge Fausto Pocar; and Substantive Offenses: along the coast” while “Coastal construction that Enslavement and War Crimes by Prof. Dr. David Cohen. restricts the circulation of coastal water bodies Day two lecture topics were Substantive Offenses: can also degrade water quali[t]y and coastal Terrorisation of Civilian Population and Persecution by ecosystems.” Judge Pocar; Modes of Liability: Superior Responsibility by International Trials However, these allegations are insufficient to warrant a Prof. Cohen; and by Judge Pocar and Mr. Khan. writ of kalikasan. A moot court exercise during the afternoon session First, the petition failed to identify the particular threats of the second day of the program was facilitated by from the Project itself. All it does is cite the negative impacts Judge Pocar, Prof. Cohen, Mr. Khan and Dato Alagendra. of operating a port inside a city based on the Synthesis Report. Participants were divided into three groups (Group 1 However, these impacts already exist because the Port of - Prosecution; Group 2 - State; Group 3 - Defense) and Davao has been operating since 1900. The Project is not for worked on a common three-part ICC Moot Court Fact the creation of a new port but the modernization of an existing Pattern - The Kingdom of Zell. one. At best, the allegations in support of the application for the writ of kalikasan are hazy and speculative. On the third day, Supreme Court Associate Justice Antonio T. Carpio delivered a Lecture on the West Second, the joint publication is titled Managing Impacts Philippine Sea Dispute. PHILJA Chancellor Justice Adolfo S. of Development in the Coastal Zone for a reason; it identifies Azcuna delivered the closing remarks. the potential environmental impacts and proposes mitigation measures to protect the environment. The petition is The basic and advanced courses on ICLS required misleading because it only identified the risks but neglected to participants to register online through the ICLS microsite mention the existence and availability of mitigating measures. found on the PHILJA website. The ICLS microsite, which also contains relevant information on the special course, Moreover, this Court does not have the technical was created through the efforts of the Academy’s PHILJA competence to assess the Project, identify the environmental Administrative Office, and the Research, Publications and threats, and weigh the sufficiency or insufficiency of any Linkages Office. proposed mitigation measures. This specialized competence is lodged in the DENR, who acts through the EMB in the EIA process. As we have already established, the application of PHILJA: Spreading Love, Hope and Joy the EIS System is premature until a proponent is selected. (Continued from page 9) Further, we fail to see an environmental risk that The Little Angels Home, Inc., established in 1998, is threatens to prejudice the inhabitants of two or more cities a child-caring facility providing 24-hour resident group or municipalities if we do not restrain the conduct of the care service for the physical, mental, social and spiritual bidding process. The bidding process is not equivalent to the well-being of mentally-gifted, dependent, abandoned, implementation of the project. The bidding process itself neglected, handicapped, disturbed, abused and exploited cannot conceivably cause any environmental damage. children. It is supervised by the sisters from the Handmaids Finally, it is premature to conclude that the respondents of the Risen Christ Monastic Community (HRC). violated the conditions of Resolution No. 118 issued by the Twenty-six PHILJA employees, 15 from Manila and 11 Regional Development Council of Region Xl. Notably, the from the PHILJA Training Center in Tagaytay, handed out Resolution requires compliance before the implementation the special gifts, voluntarily donated by PHILJA officials of the project. Again, the project has not yet reached the and employees, consisting of sacks of rice, milk, canned implementation stage. goods and assorted groceries. They also brought and distributed lunch, tetra pack juice and cakes, much to the Brion, J., Pilar Cañeda Braga, et al., v. Hon. Joseph Emilio A. Abaya, G.R. kids’ delight. During their two-hour stay, the staff played No. 223076, September 13, 2016. with the kids, shared stories with them and even took group photos with the children. The little angels, as an expression of their gratitude, rendered a dance number for the PHILJA staff. (Next page) Volume XVIII Issue No. 72 23

The PHILJA staff were in accord that the charity project thanked everyone for all the fruitful years of partnership was a humbling and enriching experience. “Masarap sa with the Academy. pakiramdam na nakatulong ako sa kanila,” said Ms. Perla D. Villanueva, Utility Worker II from the Office of the Chancellor. Mr. Armando Marinduque, Household Attendant III from the PHILJA Training Center, cannot help but recall the happiness on the children’s faces. “Masaya ako na nakatulong ako sa kanila sa ganoong paraan at nakapagbahagi ng biyaya sa mga batang katulad nila,” he said. Because of the experience they gained and the happiness they felt during the charity project, they hope that a yearly outreach activity will be undertaken by the Academy. The eight-minute audio-visual presentation (AVP) of the charity project was shown during the PHILJA Christmas Program held at the Auditorium of the Court of Appeals, In his Christmas Message, PHILJA Chancellor Justice Manila on December 19. Adolfo S. Azcuna stressed three important virtues that The program featured the annual Christmas pictorial the Academy learned in 2016: simplicity, compassion and and office parade, with the staff in Hawaiian-inspired thanksgiving. “Simplicity is accomplishing so much with so outfits; Search for Videoke King and Queen won by Mr. little and by being so we have produced world-class TPAs. Ricky E. Aznar and Ms. Lilian Catherine R. Arcullo; and the Compassion is awareness of each other, forgiving the faults repeat of the winning “Freddie Mercury’s I Want to Break of one another and accepting your neighbor and co-worker. Free” performance of Mr. Brian Evangelista in the recently We also give thanks to God, who is the source of everything, concluded SC Lip Sync Battle. for what we have, what we are and what we will be,” Justice A surprise AVP was presented in honor of Retired Azcuna said. He likewise acknowledged the talents that Supreme Court Associate Justice Jose “Pepe” P. Perez as PHILJA staff show, and congratulated the staff for the PHILJA one of the forerunners of the Academy. Justice Perez, in his achievements in 2016. He challenged everyone to continue response, recalled his deep involvement with PHILJA and to improve and shine internationally.

• Training on Online Sexual Exploitation of Children (OSEC) First Quarter 2017 Upcoming Training March 22–24, PHILJA Training Center, Tagaytay City (Continued from page 52) Programs and Activities • Orientation on Judicial Dispute Resolution (Clerks of Court, Branch Clerks of Court, Prosecutors, Public • Orientation and Training Seminar for Court Decongestion Attorneys, and Law Practitioners) Officers of Beneficiary Courts in the Third, Fourth, and March 23, Cagayan de Oro National Capital Judicial Regions • Competency Enhancement Training for Judges, March 1–2, PHILJA Training Center, Tagaytay City Prosecutors, Legal Researchers and Social Workers • Annual Convention and Seminar of the Philippine Handling Anti-Trafficking in Persons Cases Association of Court Social Workers, Inc. (PACSWI) March 27–30, TBA March 1–3, PHILJA Training Center, Tagaytay City • Competency Enhancement Training for Family • Gender Sensitivity Training (Training of Trainers) Court Judges, Social Workers, and Law Enforcement March 7, Manila Investigators on the Management of Online Sexual • Philippine Women Judges Association (PWJA) Convention Exploitation of Children Cases March 9–10, Ilocos March 29–31, TBA • Personal Security Training • Recruitment of Mediators March 14–16, PHILJA Training Center, Tagaytay City March 28–30, Mati, Davao Oriental and Nabunturan, Compostela Valley • Judicial Settlement Conference for Judges on Judicial Dispute Resolution • Basic Judicial Training on Cybercrime for Judges for March 21–24, Cagayan Selected Judges from NCJR March 29–30, Manila 24 October–December 2016

III Rationale Section 1. The SPMS is a concept that links employees’ performance with the agency vision, mission and strategic goals. A.M. NO. 15-12-05-SC Sec. 2. The system ensures organizational effectiveness and improvement of individual employee efficiency by cascading REVISED GUIDELINES FOR THE IMPLEMENTATION OF A organizational accountabilities to the various levels of the STRATEGIC PERFORMANCE MANAGEMENT SYSTEM (SPMS) organization anchored on the establishment of rational and IN THE JUDICIARY factual basis for performance targets and measures. Pursuant to Civil Service Commission (CSC) Memorandum Sec. 3. SPMS will link performance management with other Circular No. 6, Series of 2012,1 and in line with Civil Service HR systems and ensure adherence to the principle of results- Commission (CSC) Memorandum Circular No. 13, Series of based/performance-based tenure and incentive scheme. 1999,2 Civil Service Commission (CSC) Memorandum Circular IV 3 No. 1, Series of 2009 and Administrative Matter No. 03-06-13- Basic Elements SC,4 the following rules and guidelines are hereby prescribed to implement the Supreme Court Strategic Performance Section 1. The basic elements of the SPMS are as follows: Management System (SPMS), as follows: A. Goal aligned to agency mandate and organizational I priorities. Performance goals and measurements of the Judiciary are aligned to national development Title plans, mandate under the Constitution, vision, Section 1. This shall be known and cited as the “Guidelines on mission, and strategic priorities, and/or organizational the Implementation of Strategic Performance Management performance indicator framework. Predetermined System (SPMS) in the Judiciary. standards are integrated into the success indicators II as organizational objectives are cascaded down to the operational level. Declaration of Policy B. Outputs/outcomes-based. The system puts premium Section 1. The Judiciary shall be united and driven towards on the major final outputs (MFOs) that contribute to a common vision of our desired future as an institution—a the realization of the organization’s mandate, vision, vision that is possible, to which all our individual and collective mission, strategic priorities, outputs, and outcomes. work will be aligned, and which will provide the overarching direction and focus on our operations and the institutional C. Team approach to performance management. leadership that the Judiciary will exercise. Accountability and individual roles in the achievement of organizational goals are clearly defined to facilitate Sec. 2. The CSC mandates that all agencies should have a collective goal setting and performance rating. The CSC approved Strategic Performance Management System individual’s work plan or commitment and rating form (SPMS), wherein all performance-based human resources is linked to the division, unit, and office work plan or movements, and/or developments/interventions such as commitment and rating form to clearly establish the promotion, scholarship, training, rewards and incentives shall connection between organizational and employee be based. performance. Sec. 3. The Judiciary shall be independent, effective, efficient D. User-friendly. The forms to be used for organizational and worthy of public trust and confidence. and individual commitments and performance shall be Sec. 4. Investment in our people, not just for those performing similar and easy to complete. The office, division, and adjudicative functions but also for those providing support individual major final outputs and success indicators services is necessary to enable the Judiciary and its personnel are aligned to facilitate cascading organizational to grow and give satisfaction to the public that they serve. goals to individual employees and harmonization of organizational and staff performance ratings. 1 Guidelines in the Establishment and Implementation of Agency Strategic Performance Management. E. Information system that supports monitoring and 2 Adopting the Revised Policies on the Performance Evaluation System CSC MC evaluation. A monitoring and evaluation (M&E) No. 07-2007. and information systems that facilitate the linkage 3 Reiterating the Installation of a Performance Management System. between organizational and employee performance 4 Code of Conduct for Court Personnel. and generate timely, accurate, and reliable information Volume XVIII Issue No. 72 25

that can be used to track performance, report 2.2. Supreme Court Performance Management Team (SC- accomplishments, improve programs, and be the PMT) shall be composed of the following: basis for policy decision-making shall be established. Chairperson Chief Justice or designated Mechanics and features of this information system representative, Office of the shall be discussed with appropriate officials and Chief Justice personnel of the SC, CA, SB, CTA and the lower courts through the Office of the Court Administrator. Vice Chairperson Clerk of Court/Deputy Clerk of Court Sec. 2. Communication Plan. An orientation program for Judiciary officials and employees on the new policies on Members Chief/Assistant Chief, Office of SPMS shall be implemented. This is to promote awareness Administrative Services (OAS- and interest on the system and generate appreciation for the SC) Judiciary SPMS as a management tool to engage officials and Chief/Assistant Chief, Office of employees as partners in the achievement of organizational Administrative Services, (OAS- goals. OCA) V Representative, Supreme Court Scope and Coverage Assembly of Lawyer Employees Section 1. The SPMS shall apply to all officials and employees (SCALE) of the Judiciary, except Justices of the SC, CA, SB and CTA; Representative, Second Level the PHILJA Chancellor; JBC Members; Judges and part-time Employees, Supreme Court employees. Employees Association (SCEA) VI Representative, First Level Key Players and Responsibilities Employees, Supreme Court Employees Association (SCEA) Section 1. SPMS Champion (Head of Agency) – Chief Justice 2.3. Court of Appeals Performance Management Team 1.1. Primarily responsible and accountable for the (CA-PMT) shall be composed of the following: establishment and implementation of the SPMS. Chairperson Presiding Justice or designated 1.2. Sets the Judiciary’s performance goals/objectives and Representative performance measures. Vice Chairperson Executive Clerk of Court IV 1.3. Determines the Judiciary’s target setting period. Members Chief Judicial Staff Officer of 1.4. Approves office performance commitments and Personnel Division ratings. 1.5. Assesses performance of offices. Chief Judicial Staff Officer of Finance Sec. 2. Performance Management Teams Planning Officer 2.1. The Performance Management Teams (PMTs) shall have the following responsibilities: Chief Judicial Staff Officer of any designated office a) Set consultation meetings with all Heads of Offices/Divisions to discuss the office ACAE Representative performance commitment and rating system and 2.4. The Sandiganbayan Performance Management Team tools; (SB-PMT) shall be composed of the following: b) Ensure that office performance management Chairperson Presiding Justice or Authorized targets, measures, and budget are aligned with Representative the goals of the agency; Vice Chairperson Executive Clerk of Court IV c) Recommend approval of the office performance and rating system and tools; Members Chief Legal Office d) Act as appeals body and final arbiter; Chief JSO Administrative Division e) Identify potential top performers for awards; and Chief JSO Finance Division f) Adopt internal rules, procedures, and strategies to carry out its responsibilities. SBEA Representative 26 October–December 2016

Resolutions A.M. NO. 15-12-05-SC (continued) 2.5. The Court of Tax Appeals Performance Management 3.5. Provide each office with the final office assessment as Team (CTA-PMT) shall be composed of the following: basis in the assessment of individual employees. Chairperson Presiding Justice or Designated Sec. 4. Office of Administrative Services (OAS) Representative 4.1. Monitor submission of Individual Performance Vice Chairperson Clerk of Court (Executive Clerk Commitment and Rating (IPCR) Form; of Court IV) 4.2. Review the summary list of individual performance Members Chief of Office, Office of Legal rating; and Technical Services 4.3. Provide analytical data on retention, skill/competency Chief of Office, Office of gaps and talent development plan; Administrative and Finance 4.4. Coordinate developmental interventions that will Services form part of the HR Plan. Representative, Employees Association Sec. 5. Chief of Office 2.6. The Performance Management Teams for Lower 5.1. Assume primary responsibility for performance Courts (PMT-LC) shall be composed of the following: management in his/her office; Chairperson Court Administrator 5.2. Conducts strategic planning session with supervisors and staff; Vice Chairperson Deputy Court Administrators (in charge of the regions) 5.3. Review and approve individual performance commitment and rating form; Members Chief/Assistant Chief, OAS, OCA 5.4. Submit quarterly accomplishment report; Chief/Assistant Chief RTC Personnel Division 5.5. Conduct initial assessment of office’s performance; Chief/Assistant Chief MTC etc. 5.6. Determine final assessment of individual employees’ Personnel Division performance level; Representative First Level 5.7. Inform employees of the final rating and identify Employee (PACE) necessary interventions to employees; and Representative Second Level 5.8. Provide written notice to subordinates who obtain Employee (PACE) Unsatisfactory or Poor rating. 2.7. Each office in the Supreme Court, Court of Appeals, Sec. 6. Division/Section Chief Sandiganbayan and Court of Tax Appeals shall create 6.1 Assume joint responsibility with the Head of Office in its own Office Performance Management Team attaining performance targets; (OPMT) with the following composition: 6.2. Rationalize distribution of targets and tasks; Chairperson Chief of Office 6.3. Monitor closely the status of performance of Vice Chairperson Assistant Chief of Office subordinates; Members Division Chiefs 6.4. Assess individual employees’ performance; and Sec. 3. Planning Office 6.5. Recommend developmental interventions. 3.1. Act as the PMT Secretariat; Sec. 7. Individual Employees 3.2. Schedule the review and evaluation of the Office 7.1. Act as partners of management and co-employees in Performance Commitment and Rating (OPCR) Form meeting organizational performance goals. by the PMT; 7.2. Prepares an Individual Performance Commitment 3.3. Consolidate, review, validate and evaluate the initial and Review (IPCR) and Monitoring Report Form to be performance assessment based on accomplishments given to his immediate supervisor. reported against success indicators and budget 7.3. Documents at least quarterly mentoring and coaching against actual expenses; discussions with his immediate supervisor using the 3.4. Conduct an annual agency performance planning and Individual Performance Monitoring and Coaching review conference; and; Journal. Volume XVIII Issue No. 72 27 VII The targets shall take into account any combination of, or SPMS Four-Stage Cycle and Calendar all of the following: Section. 1. Performance Planning and Commitment • Historical data. The data shall consider past performance. The Judiciary shall conduct an annual Planning, Programming and Budgeting Workshop. Thereafter, all Chiefs of Offices • Benchmarking. This involves identifying and shall meet with the Division/Section Chiefs and employees comparing the best agencies or institutions or units and agree on the outputs that should be accomplished based within the agency with similar functions or processes. on the goals and objectives set for the Judiciary. Benchmarking may also involve recognizing existing standards based on provisions or requirements of the The suggested time for Performance Planning and law. Commitment is the last quarter of the preceding year. • Client demand. This involves a bottom-up approach During this stage, success indicators are determined. where the Judiciary sets targets based on the needs Success indicators are performance level yardsticks consisting of its clients. It may consult with stakeholders and of performance measures and performance targets. This review the feedback on its services. shall serve as bases in the office and individual employee’s preparation of their performance contract and rating form. • OPES Reference Table. List of major final outputs with definition and corresponding OPES points. Performance measures shall include any one, combination of, or all of the following general categories: • Top Management instruction. The Chief Justice may set targets and give special assignments. CATEGORY DEFINITION • Future trend. Targets may be based from results of the The extent to which actual performance comparative analysis of the actual performance of compares with targeted performance. The courts at each level with their potential performance. Effectiveness/ degree to which objectives are achieved Quality and the extent to which targeted problems In setting work targets, each Office shall indicate the are solved. In management, effectiveness detailed budget requirements per expense account to help in relates to getting the right things done. ensuring a strategy driven budget allocation and in measuring cost efficiency. These targets, performance measures, budget The extent to which time or resources is/ and responsibility centers are summarized in the Office are used for the intended task or purpose. Performance Commitment and Review (OPCR) Form.5 Efficiency Measures whether targets are accomplished with a minimum amount or quantity of The approved Office Performance Commitment and waste, expense or unnecessary effort. Review Form shall serve as basis for individual performance Measures whether the deliverable was targets and measures to be prepared in the Division 6 done on time based on the requirements of Performance Commitment and Review (DPCR) Form and the law and/or clients/stakeholders. Time- Individual Employee’s Performance Commitment and Review related performance indicators evaluate (IPCR) Form.7 Timeliness such things as project completion deadlines, The Offices shall also identify specific division/unit/group/ time management skills and other time individuals as primarily accountable for producing a particular sensitive expectations. target output per program/project/activity. These targets, performance measures, budget and responsibility centers shall A “cluster of related knowledge, skills and be summarized in the OPCR. The OPCR must be approved by attitudes that affect a major part of one’s the Chief Justice on the 15th of June and December preceding job (a role or responsibility), that correlates the start of a new semester. Competency with performance on the job, and can be measured against well accepted standards, The approved OPCR shall serve as basis for individual and that can be improved through training performance targets and measures to be prepared in the and development.” IPCR. Unless the work output of a particular duty has been The Judiciary Development Plan, Annual Budget Plans and assigned pre-set standards by management, its standards shall Programs etc., shall be the basis of the targets of the Offices. be agreed upon by the supervisors and the ratees. Individual Aside from the Office commitments explicitly identified under the Judiciary Development Plan, MFOs that contribute to the attainment of the organizational mission/vision which form 5 Annex “A”. Office Performance Commitment and Review (OPCR) Form part of the core functions of the Judiciary and its offices shall 6 Annex “B”. Division Performance Commitment and Review (DPCR) Form be indicated as performance targets. 7 Annex “C”. Individual Performance Commitment and Review (IPCR) Form

28 October–December 2016

Resolutions iii. Any issue/appeal/protest on the Office A.M. NO. 15-12-05-SC (continued) assessment shall be articulated by the concerned employee’s performance standards shall not be lower than head of office and decided by the Chief Justice or the agency’s standards in its approved OPCR Form. its representative during this conference. Sec. 2. Performance Monitoring and Coaching iv. The final rating shall no longer be appealable/ contestable after the conference. This will be done regularly during the performance period by the Planning Office, Chiefs of Office, Division and Office v. The Planning Office shall provide each Office with Heads, and the individual. The focus is creating an enabling the final Office Assessment to serve as basis in environment to improve team performance and develop the assessment of individual staff members. individual potentials. vi. After the Planning Office sends the final Office Assessment, the Chief of Office and his/her Supervisors and coaches play a critical role at this Division Chiefs shall discuss office direction and stage. Their focus is on the critical function of managers development plan. and supervisors as coaches and mentors in order to provide an enabling environment/intervention to improve team b. Performance Assessment for Individuals performance; and manage and develop individual potentials. i. The immediate supervisor shall assess Each office will submit a quarterly accomplishment report individual employee performance based on the which is also the Office Performance Commitment and Review commitments made at the beginning of the rating (OPCR) and Monitoring Report Form to be submitted on the period. The performance rating shall be based first Monday of the succeeding quarter to the Planning Office. solely on records of accomplishment; there is no need for self-rating. Each individual will submit a quarterly accomplishment ii. The supervisor shall indicate qualitative report which is also the Individual Performance Commitment comments, observations and recommendations and Review (IPCR) and Monitoring Report Form to be in the individual employee’s performance submitted on the first Monday of the succeeding quarter to commitment and review form to include the Division Chief with a copy to the Office of Administrative competency assessment and critical incidents Services. which shall be used for human resource Division and/or Individual Performance Mentoring and development purposes such as promotion and Coaching Journals must also be completed every quarter. other interventions. Sec. 3. Performance Review and Evaluation iii. Employee’s assessment shall be discussed by The performance review and evaluation will be done at regular the supervisor with the concerned ratee prior intervals to assess both the performance of the individual and to the submission of the individual employee’s his/her office. The suggested time periods for Performance performance commitment and review form to Review and Evaluation are the first week of July and the first the Head of Office. week of January the following year. iv. The Chief of Office shall determine the final assessment of performance level of the a. Office Performance Assessment individual employee in his/her Office based on i. The Planning Office or any responsible unit in proof of performance. The final assessment the agency shall consolidate, review, validate shall correspond to the adjectival description and evaluate the initial performance assessment of Outstanding, Very Satisfactory, Satisfactory, of each Offices based on the reported Office Unsatisfactory or Poor. accomplishments against the success indicators, v. The Chief of Office may adopt appropriate and the allotted budget against actual expenses. mechanism to assist him/her distinguish The result of the assessment shall be submitted performance level of individuals, such as but not to the PMT for calibration and recommendation limited to peer ranking and client feedback. to the Chief Justice or its representative who shall determine the final rating of offices/units. vi. The employee and his immediate supervisor must accomplish a Professional Development Plan8 ii. A review conference shall be conducted annually (agree on Strengths of Employee, Development by the Planning Office for the purpose of Areas of Employee and Plans of Action). This discussing the Office assessment with concerned is mandatory for employees who were rated Chiefs of Offices. This shall include participation Unsatisfactory and Poor in the preceding of the Financial Management and Budget Office as regards budget utilization. 8 Annex ”D” Professional Development Plan Volume XVIII Issue No. 72 29 rating period and for employees who exhibit • PMT in identifying potential PRAISE Awards Unsatisfactory or Poor performance during the nominees for various awards categories; and rating period. • PRAISE Committee in determining-top vii. The Chief of Office and the immediate supervisor performers of the Agency who qualify for awards shall also accomplish the Competency Evaluation and incentives. 9 Form. Sec. 5. The SPMS Calendar shall reflect the four-stage cycle viii. The Chief of Office shall ensure that the with activities, unit/person responsible and time-frame for employee is notified of his/her final performance each phase. assessment and the Summary List of Individual VIII Ratings10 with the attached IPCRs are submitted to the Office of Administrative Services within Mechanics of Performance Rating the prescribed period. Section 1. Rating Period Sec. 4. Performance Rewarding and Development Planning The performance of an employee shall be monitored over a a. Part of the individual employee’s evaluation is the six-month performance rating period, viz, from January to competency assessment vis-à-vis the competency June and from July to December. requirements of the job. The result of the assessment Sec. 2. SPMS Rating Scale shall be discussed by the Chief of Office and immediate supervisors with the individual employee at the end NUMERICAL RATING ADJECTIVAL RATING of each rating period. The discussion shall focus on 5 Outstanding the strengths, competency-related performance 4 Very Satisfactory gaps and the opportunities to address these gaps, 3 Satisfactory career paths and alternatives. 2 Unsatisfactory b. Appropriate development interventions based on the competency assessment shall be made available 1 Poor by the Chief of Office and immediate supervisor/s Sec. 3. Competency Assessment Rating in coordination with the Office of Administrative 360-Degree – Peer Evaluation Form Services/Personnel Office. Name c. The result of the competency assessment shall be Supervisor Name (3-Way Management) treated independently of the performance rating of Job Title the employee. Division d. The Professional Development Plan to improve Definition of Ratings or correct performance of employees with Unsatisfactory and Poor performance ratings must PARTICULARS RATING be outlined, including timelines, and monitored to Exceptional – Consistently exceeds all measure progress. relevant performance standards. Provides e. Based on the results of the performance review leadership, foster teamwork, is highly and evaluation, developmental interventions shall productive, innovative, responsiveness and 5 be made available to specific employees when generates top quality work. Active in office appropriate. – related professional and or/community groups. f. The results of performance evaluation/assessment Exceeds Expectations – Consistently meets shall serve as inputs to the: and often exceeds all relevant performance • Heads of Offices in identifying and providing standards. Shows initiative and versatility, 4 the kinds of interventions needed, based on the works collaboratively, has strong technical developmental needs identified; & interpersonal skills or has achieved • Office of Administrative Services/Personnel Office significant improvement in these areas. in consolidating and coordinating developmental Meets Expectations – Meets all relevant interventions that will form part of the HR Plan performance standards. Seldom exceeds or falls short of desired results or objectives. and the basis for rewards and incentives; 3 Lacks appropriate level of skills or is 9 Annex “E” Competency Evaluation Form inexperienced/still learning the scope of the job 10 Annex “F” Summary List of Individual Ratings 30 October–December 2016

Resolutions Sec. 6. Efficiency is the extent to which targets are accomplished A.M. NO. 15-12-05-SC (continued) using the minimum amount of time or resources. Below Expectations – Sometimes meets the Efficient performance applies to continuing tasks or performance standards. Seldom exceeds frontline services (e.g., issuance of visas, licenses, permits, and often falls short of desired results. clearances and certificates). It involves the following elements: Performance has declined significantly, 2 a) Standard response time; or employee has not sustained adequate improvement, as required since the last b) Number of requests/applications acted upon over performance review or performance number of requests/applications received; and improvement plan. c) Optimum use of resources (e.g., money, logistics Needs Improvement – Consistently falls 1 and office supplies). short of performance standards. Sec. 7. Timeliness measures if the targeted deliverable was Instructions done within the scheduled or expected time frame. Timely Describe the employee’s contributions in each of the functional performance involves meeting deadlines as set in the work competency. It is very important that you demonstrate plan. precise, detailed example since the last performance Sec. 8. Standard of Performance Measures evaluation. Ratings must support and be substantiated by a. Quantity/Efficiency narrative comments. (Insert Functional Competency here) FIXED TARGET PLANNED TARGET Performance exceeding RATING 5 4 3 2 1 N/A targets by 30% and 100% or more of above of the planned (Insert definition of Functional target completed 5 targets; from the Competency here) with optimum use of previous definition of prescribed resources Comments: performance exceeding Supplementary Feedback targets by at least 50%. Performance exceeding 90–99.9% of target In what field do you endorse this employee concentrate for targets by 15% to 29% completed with development? 4 of the planned targets; optimum use of Suggested training program/s as intervention for employee from the previous prescribed resources advancement. range of performance. 75–89% of target Sec. 4. Judiciary’s goals, priorities, success indicators and Performance of 100% completed with Major Final Outputs (MFO) are in accord with Civil Service 3 to 114% of the planned optimum use of Commission standards. Each MFO is based on the dimensions targets. of performance or accomplishments, namely: quality, prescribed resources efficiency and timeliness. 61–74.9% of target Performance of 51% completed with above Sec. 5. Quality or Effectiveness means getting the right things 2 to 99% of the planned 10% use of prescribed done. It refers to the degree to which objectives are achieved targets. resources as intended and the extent to which issues are addressed with a certain degree of excellence. 60% and below of Performance failing target completed with to meet the planned 1 2.1. Quality or effective performance involves the 20% above use of targets by 50% or following elements: prescribed resources below. a) Acceptability; b. Quality/Effectiveness of Work b) Meeting Standards; Accurately, clearly presented and well organized c) Client satisfaction with services rendered; output, with satisfaction from client of the 5 d) Accuracy; services rendered. All aspects of work assignment covered e) Meeting Standards; and Output delivered in accordance with prescribed f) Completeness or comprehensiveness of reports; guidelines; clearly presented and organized; with 4 g) Creativity or innovation; and client satisfaction; one or two errors but results h) Personal initiative. still very good Volume XVIII Issue No. 72 31

Output delivered within prescribed guidelines, Office of Administrative Services/Personnel Office within the 3 with more than one or two minor errors or specified period shall be a ground for: deficiencies; requires minor/partial revisions 1.1. Employee’s disqualification from performance-based Output delivered with one or two major errors or personnel actions which would require the rating 2 deficiencies; requires major revisions for the given period such as promotion, training or Output not acceptable; haphazardly done and / scholarship grants and performance enhancement 1 or careless in the execution/ implementation of bonus, if the failure of the submission of the report work; needs total revision form is the fault of the employees; and c. Timeliness 1.2. Administrative sanction for violation of reasonable office rules and regulations such as simple neglect of 5 Output delivered 20% ahead of prescribed time duty of supervisors or employee’s responsible for the of completion delay or non-submission of such forms. 4 Output delivered 10% ahead of prescribed time Sec. 2. The failure on the part of the Head of Office to comply of completion with the required notices to their subordinates for their 3 Output delivered in prescribed time of completion unsatisfactory or poor performance during a rating period 2 Output delivered 10% after the prescribed time of shall be a ground for an administrative offense for neglect of completion duty. 1 Output delivered 20% after the prescribed time of X completion Appeal Sec. 9. Each Success Indicator has the following features of Section 1. The Office Performance Assessment as discussed S-M-A-R-T: Specific, Measurable, Attainable, Realistic and in the performance review conference shall be final and not Time-Bound. appealable. Any issue on the initial performance assessment Sec. 10. Competency Measurements.11 of an Office shall be discussed and decided during the Sec. 11. Employees’ rating shall be based on pre-determined performance review conference. targets based on duties and responsibilities as contained in Sec. 2. Individual employees who feel aggrieved or dissatisfied their duly approved Office Performance Commitment and with their performance rating may file an appeal with the Review and Individual Performance Commitment and Review. Performance Management Team within 15 days from receipt Sec. 12. The management principles stated under this Rule of the notice of their final performance evaluation from the shall also apply in the performance rating of operating units. Head of Office. Sec. 13. The performance rate as to quality, efficiency and Sec. 3. The Performance Management Team shall decide on timeliness is measured using a numerical scale ranging from the appeal within one month from receipt thereof. 1 to 5 — with 1 as the lowest and 5 as the highest. The table Sec. 4. The decision of the PMT is merely recommendatory. below explains the meaning of each rating: The Chief Justice shall make the final decision. The final Sec. 14. For the rating to be objective, impartial, and verifiable, decision can be appealed to the Supreme Court as part of the operational definition or meaning of each numerical rating the doctrine of exhaustion of administrative remedy and due under each relevant dimension (i.e., quality, efficiency, or process. timeliness) per performance target or success indicator must Sec. 5. Officials or employees who are separated from the be indicated. service on the basis of Unsatisfactory or Poor Performance Sec. 15. The average of all individual performance rating can appeal to the Civil Service Commission or its assessments shall not go higher than the collective Regional Office within 15 days from receipt of the order or performance assessment of the Office. notice of separation. IX Sec. 6. Employees are not allowed to protest the performance ratings of their fellow employees. Sanctions XI Section 1. Unless justified, the non-submission of the Office Performance Commitment and Review (OPCR) Form to the Effectivity Performance Management Team (PMT), and the Individual Section 1. These guidelines shall take effect and implemented Performance Commitment and Review (IPCR) Form to the immediately upon the approval of the Supreme Court En Banc.

(Sgd.) MARIA LOURDES P. A. SERENO 11 Annex “G” Competency Measurements Chief Justice 32 October–December 2016

Resolutions A.M. NO. 15-12-05-SC (continued) SPMS Annex A SPMS Annex A SUPREME COURT OF THE PHILIPPINES Manila OFFICE PERFORMANCE COMMITMENT AND REVIEW (OPCR) FORM

I, ______, commit to deliver and agree to be rated on the attainment of the following targets in accordance with the indicated measures for the period ______.

______Signature of Head of Office Date: ______

Rating: APPROVED BY: 5 - Outstanding Name: Leticia G. Javier 4 - Very Satisfactory Position: Senior Chief Staff Officer 3 - Satisfactory Date: June 17, 2016 2 - Unsatisfactory 1 - Poor

SUCCESS INDICATORS MAJOR FINAL OUTPUT (TARGETS + MEASURES) Alloted Budget Divisions Accountable Actual Accomplishments Rating Remarks

Q E T Ave. MFO1 100% of 15 offices or more of 12,127 million PRINTING SERVICES See Annual Report January PRINTING SERVICES the Court's printing needs and MTEP 2017 to June 2016 requirements: PRINTED and REPRODUCED ACCURATELY within 6 months. MFO2

Total Rating Final Average Rating Assessed by PMT Secretariat Reviewed by PMT Chairman Final Rating by: Start of rating period End of rating period Start of rating period End of rating period

Position: Position: Position: Position: Position: Date: Date: Date: Date: Date:

SPMS AnnexSPMS B Annex B

SUPREME COURT OF THE PHILIPPINES Manila DIVISION PERFORMANCE COMMITMENT AND REVIEW (DPCR) FORM

I, ______, commit to deliver and agree to be rated on the attainment of the following targets in accordance with the indicated measures for the period ______.

______Signature of Division Head Date: ______

Rating: APPROVED BY: 5 - Outstanding Name : 4 - Very Satisfactory Position: 3 - Satisfactory Date: 2 - Unsatisfactory 1 - Poor

SUCCESS INDICATORS MAJOR FINAL OUTPUT (TARGETS + MEASURES) Alloted Budget Divisions Accountable Actual Accomplishments Rating Remarks

Q E T Ave. MFO1

MFO2

Total Rating Final Average Rating

Final Rating by: Position: Date: Volume XVIII Issue No. 72 33

SPMS Annex C SPMS Annex C SUPREME COURT OF THE PHILIPPINES Manila INDIVIDUAL PERFORMANCE COMMITMENT AND REVIEW (IPCR) FORM

I, ______, commit to deliver and agree to be rated on the attainment of the following targets in accordance with the indicated measures for the period ______.

______Signature of Employee Rating: Date: ______5 - Outstanding APPROVED BY: 4 - Very Satisfactory Name: Cecille Carmela T. de los Reyes 3 - Satisfactory Position: Creative Arts Specialist I 2 - Unsatisfactory Date: June 16, 2016 1 - Poor SUCCESS INDICATORS MAJOR FINAL OUTPUT (TARGETS + MEASURES) Alloted Budget Divisions Accountable Actual Accomplishments Rating Remarks

Q E T Ave. MFO1

MFO2

Total Rating Final Average Rating Rater's comments and recommendations for Development purposes or Rewards/Promotion:

The above rating has been discussed with Name and Signature of Ratee: Name and Signature of Rater: Final Rating by the Head of Office:

Position: Position: Position: Date: Date: Date:

SPMSSPMS Annex Annex D SUPREME COURT OF THE PHILIPPINES Manila

PROFESSIONAL DEVELOPMENT PLAN

Date Aim

Objective

Target Review Date Achieved Date Comments

Task

Outcome

Next step

34 October–December 2016

Resolutions A.M. NO. 15-12-05-SC (continued) SPMS Annex E SPMS Annex E

SUPREME COURT OF THE PHILIPPINES Manila

Competency Evaluation Form Section I: Evaluation Period Employee Name Employee Title Department

(Please place “X” in one of the boxes below): Annual Assessment Six Month Introductory Period

Section II: Competency Assessment. Functional Competency Performance – Assessment and Results Competency 1 Rating of employee’s performance relative to expectations for this competency (Place “X” in Behavior one box) Greatly Exceeds Occasionally Exceeds Targets Meets Targets Unsatisfactory Targets Meets Targets

Supervisor’s rating of employee’s performance relative to expectations for this competency (Place “X” in one box) Greatly Exceeds Occasionally Exceeds Targets Meets Targets Unsatisfactory Targets Meets Targets

Add lines as needed

SPMS Annex E

Section III: Overall Rating of Employee’s Job Performance (to be completed by Supervisor).

Summary of Rating (Place “X” in one box) Greatly Exceeds Occasionally Exceeds Targets Meets Targets Unsatisfactory Targets Meets Targets

Supervisor’s Overall Comments on Employee’s Performance:

List professional development goals for next assessment period. The employee fills his or her goals; then the supervisor finalizes the goal, based on dialogue with the employee.

A. Employee proposed professional development goal(s): 1. 2. 3. 4. Add lines as needed Volume XVIII Issue No. 72 35

SPMS Annex E SPMS Annex E

B. Professional Development goal(s) as finalized by Supervisor: 1. 2. 3. 4. Add lines as needed

C. Indicate ways manager/supervisor can assist employee in achieving goals.

D. Employee's signature does not indicate agreement, only that this assessment has been reviewed and discussed by both employee and supervisor. Employee may include written comments that will become part of the evaluation file.

Employee Signature Date Supervisor’s Name Date

PRINT or TYPE Supervisor Name:

SPMSSPMS Annex Annex F F

SUPREME COURT OF THE PHILIPPINES Manila

SUMMARY LIST OF INDIVIDUAL PERFORMANCE / RATINGS

Agency: ______Performance Assessment: ______Department: ______Division:______

Name of Employees RATING NUMERICAL ADJECTIVAL

No. of Employees: Average Rating of Staff:

Submitted by:

______Division Head 36 October–December 2016

Resolutions A.M. NO. 15-12-05-SC (continued)

SPMSSPMS Annex Annex G G

SUPREME COURT OF THE PHILIPPINES Manila

COMPETENCY MEASUREMENTS

(Insert Competency here) Team Player/Team Work – Actively participating in teams efforts. The process of working collaboratively with a group of people in order to achieve a goal. Greatly Exceeds Exceeds Occasionally Meets Meets Expectations Unsatisfactory Expectations Expectations Expectations

Key Behaviors

Deals sensitively in dealing with other members of the group

Helps others in achieving the common goal

Cooperates

Contributes to the tasks assigned

Treats every worker with respect

Assists fellow workers

Accepts criticisms Comments:

Submitted by:

______Immediate Superior

Performance Monitoring and Coaching Journal

QUARTER st 1 nd 2 rd 3 th 4 Name of Division: Division Chief: Number of Personnel in Division: Name of Coachee: Mechanisms Activity Meeting Others Remarks Signature of Coachee One-on-One Group Memo (Pls. Specify)

Monitoring

Coaching

Please indicate the date in the appropriate box when the monitoring was conducted.

Conducted by: Date: Noted by: Date:

Immediate Superior Chief of Office

Volume XVIII Issue No. 72 37 otherwise ordered discontinued by the Supreme Court; A.M. NO. 16-07-06-SC 2. All newly-filed drugs cases shall continue to be raffled to, heard and tried by specially-designated ORDERING 240 OTHER REGIONAL TRIAL COURTS TO drugs courts in stations where the average HEAR, TRY AND DECIDE NEWLY-FILED CASES UNDER THE caseload of the specially-designated drugs courts COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, AS is lower than the average caseload of the other AMENDED courts in those stations, until such time when the average caseload of the specially-designated WHEREAS, in compliance with Section 90, Republic Act (RA) drugs courts is higher than the average No. 9165, otherwise known as the Comprehensive Dangerous caseload of the other courts in those stations, Drugs Act of 2002, as amended, the Supreme Court designated as determined by the OCA. Courts which may 65 “special courts from among the existing Regional Trial later be designated to assist specially designated Courts (RTCs) in each judicial region to exclusively try and hear drugs courts shall be exempt from the raffle of cases involving violations of this act;” newlyfiled drugs cases; WHEREAS, there are also 529 RTCs in single and multiple- 3. The OCA is hereby directed to closely monitor sala stations which likewise hear and decide drugs cases, in all courts handling drugs cases and undertake addition to 121 RTCs specially-designated as Family Courts necessary measures to ensure the efficient having exclusive jurisdiction to hear and decide drugs cases distribution, handling and disposition of drug against minors pursuant to Republic Act No. 8369; cases, such as but not limited to, the following: WHEREAS, consequently, at present, there are already 715 a. Recommend the designation of assisting courts RTCs authorized to hear and decide drugs cases; or assisting judges to specially-designated drugs WHEREAS, because the volume of drugs cases remain high courts and regular courts hearing drugs cases, as and the influx of new drugs cases is steadily rising, there is an needed; urgency to authorize more courts to hear and decide drugs b. Submit quarterly reports to the Court including cases considering the already heavy dockets of specially- the nature of drugs cases filed and the amount of designated drugs courts and other RTCs handling drugs cases; drugs involved in each case, based on the reports WHEREAS, with 715 RTCs out of the 955 RTCs already handling submitted by the trial courts; and drugs cases, the remaining 240 other RTCs may be mobilized c. Perform such other tasks as are essential for the and directed to also hear, try and decide all newly-filed drugs efficient distribution, handling and disposition of cases to help decongest the dockets of specially-designated drugs cases. drugs courts and expedite the resolution of drugs cases; These guidelines shall take effect immediately. NOW, THEREFORE, the Supreme Court hereby orders the 240 other Regional Trial Courts to hear, try and under the July 19, 2016. Comprehensive Dangerous Drugs Act of 2002, as amended, as follows: (Sgd.) SERENO, CJ, CARPIO, VELASCO, Jr., LEONARDO-DE 1. All newly-filed drugs cases shall be raffled to, CASTRO, BRION, PERALTA, BERSAMIN, DEL CASTILLO, PEREZ, heard, tried and decided by all RTCs, except family MENDOZA, REYES, PERLAS-BERNABE, LEONEN, JARDELEZA, courts and overburdened RTCs as determined by CAGUIOA, JJ. the OCA. All specially-designated drugs courts exclusively hearing drugs cases pursuant to RA No. 91651 shall be exempt from the raffle of newly-filed drugs cases. All newly-filed drugs A.M. NO. 04-02-04-SC cases involving minors shall continue to be raffled to, heard and tried exclusively by the designated family courts. This system of distribution of drugs THE LEGAL FEES TO BE COLLECTED IN CASES OF LIQUIDATION cases shall continue until the number of drugs OF SOLVENT JURIDICAL DEBTORS, LIQUIDATION OF cases in the various court stations has become INSOLVENT JURIDICAL AND INDIVIDUAL DEBTORS, manageable, as determined by the OCA, or until CONVERSION FROM REHABILITATION TO LIQUIDATION PROCEEDINGS, SUSPENSION OF PAYMENTS OF INSOLVENT 1 This shall EXCLUDE all newly created courts which are specially designated INDIVIDUAL DEBTORS AND PETITIONS IN AN OUT OF COURT drugs courts, as of March 2016 onwards, until such time when their caseloads shall have reached the average caseload of the other specially designated RESTRUCTURING AGREEMENT PROVIDED UNDER A.M. NOS. drugs courts in their respective stations. 12-12-11-SC AND 15-04-06-SC 38 October–December 2016

Resolutions A.M. NO. 04-02-04-SC (continued) 1. Less than P10,000,000 P10,000 RESOLUTION 2. P10,000,000 or more but WHEREAS, in a Resolution dated September 4, 2001 under less than P20,000,000 P20,000 A.M. No. 00-8-10-SC, the Supreme Court En Banc declared that 3. P20,000,000 or more but a petition for rehabilitation is considered a special proceeding, less than P30,000,000 P30,000 hence, Section 7(d) and (g) of Rule 141 of the Revised Rules of 4. P30,000,000 or more but Court should be applied; less than P40,000,000 P40,000 WHEREAS, in a Resolution dated November 25, 2002 likewise 5. P40,000,000 or more but En Banc under A.M. No. 00-8-10-SC, the Supreme Court less than P50,000,000 P50,000 separately laid down an equitable schedule of legal fees to be collected in cases of corporate rehabilitation; 6. P50,000,000 or more but less than P60,000,000 P60,000 WHEREAS, Rule 141 of the Revised Rules of Court, as amended by A.M. No. 04-02-04-SC effective August 16, 2004, 7. P60,000,000 or more but incorporated the equitable schedule of legal fees prescribed not more than P70,000,000 P70,000 for petitions for rehabilitation under Section 21(i) thereof 8. P70,000,000 or more but and, furthermore, provided under Section 21(k) thereof that less than P80,000,000 P80,000 the fees prescribed under Section 7(a) of the said rule shall 9. P80,000,000 or more but apply to petitions for insolvency or other cases involving intra- less than P90,000,000 P90,000 corporate controversies; 10. P90,000,000 or more P100,000 WHEREAS, in order to be consistent with the policy statement of Republic Act No. 10142, otherwise known as the “Financial The value of the assets shall be based on Rehabilitation and Insolvency Act of 2010,” of ensuring a the fair market value of the real properties of “timely, fair, transparent, effective and efficient rehabilitation the petitioner stated in the tax declaration or or liquidation of debtors,” cases for liquidation and suspension the zonal value thereof fixed by the Bureau of of payments, those converted from rehabilitation to Internal Revenue, whichever is higher. If there is liquidation proceedings and petitions for court-assistance none or in case of personal property, the value in the execution or implementation, or annulment of the shall be as stated by the petitioner in the petition standstill agreement or out of court restructuring agreement or the inventory/list of assets attached thereto. should likewise have an equitable schedule of legal fees; d. For cases involving suspension of payments of NOW, THEREFORE, the Court resolves to ADOPT a new insolvent individual debtors, the fees payable shall schedule of filing fees as follows: be in accordance with the schedule of fees provided in the preceding paragraph. 1. Rates of Filing Fee. – e. For petitions for court-assistance to execute or a. For cases converted from rehabilitation proceedings implement or annul the Standstill Agreement or the to liquidation proceedings in accordance with Out of Court Restructuring Agreement (OCRA), the Sections 2 and 6, Rule 2 of the Financial Liquidation fees payable shall be in the fixed amount of P20,000. and Suspension of Payments Rules of Procedure (2015), otherwise known as the FLSP Rules, under 2. Manner of Payment. – A.M. No. 15-04-06-SC, no additional fees shall be a. Petitions for Liquidation of Solvent Juridical Debtors collected. (i) Fees amounting to P100,000 or less shall be paid b. For newly-filed petitions for liquidation of solvent upon the filing of the petition. juridical debtors, the applicable fees shall be those (ii) Fees in excess of P100,000 may be paid on provided for petitions for rehabilitation proceedings staggered basis in accordance with the following under Sec. 21(i) of Rule 141 of the Revised Rules of schedule: Court. (1) 25% shall be paid upon the issuance of the c. For newly-filed petitions for liquidation of insolvent Liquidation Order; juridical and individual debtors, the fees payable shall be based on the value of the assets of, or (2) 25% shall be paid upon the approval of the amount of monetary claims against, the debtor, Liquidation Plan; and whichever is higher, which must be declared in the (3) The balance of 50% shall be included as part petition or the inventory/list of assets of the debtor of the preferred payables to be settled in required to be attached to the petition, as follows: the Liquidation Plan. Volume XVIII Issue No. 72 39

b. Petitions for Liquidation of Insolvent Juridical and Individual Debtors (i) Fees amounting to P50,000 or less shall be paid upon the filing of the petition. (ii) Fees in excess of P50,000 may be paid on staggered basis in accordance with the following schedule: (1) 25% shall be paid upon the issuance of the Liquidation Order; OCA CIRCULAR NO. 221-2016 (2) 25% shall be paid upon the approval of the Liquidation Plan; and

(3) The balance of 50% shall be included as part TO: ALL SECOND LEVEL COURT JUDGES of the preferred payables to be settled in the Liquidation Plan. SUBJECT: MANDATORY OBSERVANCE OF THE REQUIREMENTS SET FORTH IN CIRCULAR NO. 39-97 DATED JUNE 19, 1997 c. Petitions for Suspension of Payments of Insolvent (RE: GUIDELINES IN THE ISSUANCE OF HOLD-DEPARTURE Individual Debtors – fees shall be paid in full upon ORDERS) the filing of the petition. In view of the recurring problem involving the issuance of d. Petitions for court assistance in the execution or Hold-Departure Orders (HDOs) with incomplete information, implementation or annulment of the Standstill which hinders the efficient implementation of the Bureau of Agreement or the OCRA – fees in the amount of Immigration (BI), and acting on the letter-request dated June P20,0000 shall be paid upon the filing of the petition. 22, 2016 of BI Commissioner Jaime H. Morente, all second level 3. If in the course of the proceedings, it is established court judges are hereby MANDATED to observe the guidelines that the actual total outstanding liabilities or the set forth in Circular No. 39-97, which state: assets or their value were not correctly declared in the 3. The Hold-Departure Order shall contain the following petition, the court shall direct the immediate payment information: of any deficiency in the filing fees to be treated as an administrative expense. In any case, any unpaid balance a. The complete name (including the middle name), shall constitute a lien on the assets of the debtor until the date and place of birth and the place of last residence of the person against whom a fully paid. Hold-Departure Order has been issued or whose 4. Section 21(k) of Rule 141 of the Revised Rules of Court departure from the country has been enjoined; is hereby DELETED as the fees covering petitions for b. The complete title and docket number of the case insolvency are already provided for in this Resolution. in which the Hold-Departure Order was issued; As for cases involving intra-corporate controversies, the applicable fees shall be those provided under Section c. The specific nature of the case; and 7(a), 7(b)(1) or 7(b)(3) of Rule 141 of the Revised Rules of d. The date of the Hold-Departure Order. Court depending on the nature of the action. If available, a recent photograph of the person 5. The certification by the Clerk of Court that the full and against whom a Hold-Departure Order has been correct amount of the filing fee has been paid shall be issued or whose departure from the country has been required prior to the termination of the liquidation enjoined should also be included. (Emphasis supplied.) proceedings. Complainants and prosecutors are likewise required to This Resolution shall take effect 15 days following its provide all the necessary information in their petitions for publication in the Official Gazette or in two newspapers of the issuance of HDO. Failure to observe the aforementioned national circulation. The Office of the Court Administrator guideline requirements may be a ground for the denial of the (OCA) is directed to circularize the same upon its effectivity. same. October 5, 2016. For strict compliance. October 17, 2016. (Sgd.) SERENO, CJ (on official business), CARPIO, VELASCO, Jr., LEONARDO-DE CASTRO, BRION (on leave), PERALTA, BERSAMIN, DEL CASTILLO, PEREZ, MENDOZA, REYES, PERLAS- (Sgd.) JOSE MIDAS P. MARQUEZ BERNABE, LEONEN, JARDELEZA, CAGUIOA, JJ. Court Administrator 40 October–December 2016

WHEREAS, Section 54 of RA No. 9165 states that any drug OCA CIRCULAR NO. 224-2016 dependent or relative within the fourth degree of consanguinity or affinity may apply to the Board or its duly recognized representatives for treatment and rehabilitation; TO: ALL JUDGES OF THE REGIONAL TRIAL COURT WHEREAS, Section 81(q) of RA No. 9165 provides that the DDB has the power and duty to issue guidelines for the approval SUBJECT: MEMORANDUM OF AGREEMENT BETWEEN THE and disapproval of applications for voluntary treatment and DANGEROUS DRUGS BOARD AND THE PUBLIC ATTORNEY’S rehabilitation and confinement, wherein it shall issue the OFFICE necessary, rules and regulations pertaining to the application and enforcement thereof; Appended herein as Annex “A”, for the information and guidance of all judges of the Regional Trial Court, is a WHEREAS, to effectively carry out the implementation of the Voluntary Submission Program pursuant to RA No. 9165, Board Memorandum of Agreement dated August 22, 2016 between Resolution No. 2, Series of 2002 authorized the Executive Director the Dangerous Drugs Board and the Public Attorney’s Office to designate duly authorized Board Representatives to accept in relation to Section 54Voluntary ( Submission of a Drug applications and file petitions for voluntary submission and Dependent to Confinement, Treatment and Rehabilitation), compulsory confinement; Article VIII of Republic Act No. 9165 or the Comprehensive WHEREAS, Section 3(a) of Board Regulation No. 3, Series of 2007 Dangerous Drugs Act of 2002, as amended. states that authorized representatives shall be assisted by the Department of Justice, though the PAO, in the performance of October 21, 2016. their delegated authority; (Sgd.) RAUL BAUTISTA VILLANUEVA WHEREAS, Section 14 – A of Chapter V, Title III, Book IV of Deputy Court Administrator Executive Order No 292, otherwise known as the “Administrative and Code of 1987” provides that the PAO shall independently discharge its mandate to render, free of charge, legal representation, Officer in Charge assistance and counseling to indigent persons in criminal, civil, Office of the Court Administrator labor, administrative and other quasi-judicial cases; WHEREAS, pursuant to the aforementioned law, in the exigency of service, the PAO may be called upon by proper government Annex A authorities to render such service to other persons, subject to existing laws, rules and regulations; MEMORANDUM OF AGREEMENT WHEREAS, the PAO is willing to assist the DDB relative to the implementation of RA No. 9165 by providing technical and legal KNOW ALL MEN BY THESE PRESENTS: assistance to drug dependents who wish to avail of the provisions This Memorandum of Agreement made and entered into this 22nd of Section 54 of said law; day of August 2016 at Quezon City, Philippines, by the following NOW, THEREFORE, for and in consideration of the foregoing, the parties: PARTIES agree as follows: The DANGEROUS DRUGS BOARD, a government agency created A. DUTIES AND RESPONSIBILITIES OF DDB by virtue of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, with principal office 1. Coordinate with PAO regarding voluntary submission address at 3rd Floor, DDB - PDEA Building, NIA Road, Diliman, cases falling under RA No. 9165 for the effective Quezon City, represented herein by its CHAIRMAN, SECRETARY implementation of this AGREEMENT; FELIPE L. ROJAS, JR., CEO VI, hereinafter referred to as theDDB ; 2. Provide information to PAO relative to the case status of and drug dependents referred to the same office; The PUBLIC ATTORNEY’S OFFICE, the principal law office of the 3. Involve PAO in relevant DDB trainings and seminars; Government in extending free legal assistance to indigent persons and, in criminal, civil, labor, administrative and other quasi-judicial 4. Monitor and evaluate the implementation of this cases, with principal office address at DOJ Agencies Building, AGREEMENT. NIA Road, Diliman, Quezon City, represented herein by its CHIEF PUBLIC ATTORNEY, DR. PERSIDA V. RUEDA-ACOSTA, hereinafter B. DUTIES AND RESPONSIBILITIES OF PAO referred to as the PAO. 1. For the Public Attorneys to act as counsel and appear W I T N E S S E T H: THAT - before the courts for drug dependents on petitions for voluntary submission filed by the DDB or its authorized WHEREAS, pursuant to Section 77 of RA No. 9165 or the representatives, except when there is conflict of interest Comprehensive Dangerous Drugs Act of 2002, as amended, and without prejudice to the drug dependent’s right to the DDB is the policy-making and strategy-formulating body be represented by a private counsel of his choice; on drug prevention and control and shall develop and adopt a comprehensive, integrated, unified and balanced national drug 2. In the exigency of the service, Public Attorneys shall abuse prevention and control strategy; provisionally represent the drug dependent who may appear in court by reason of a Petition for Voluntary Volume XVIII Issue No. 72 41

Submission but has not yet been able to acquire the For the information and guidance of all concerned. services of counsel; and October 25, 2016. 3. Recommend measures or strategies to effectively implement this AGREEMENT. (Sgd.) RAUL BAUTISTA VILLANUEVA This AGREEMENT shall take effect upon approval of the Deputy Court Administrator PARTIES and shall be in effect unless and until modified and/or and abrogated by a subsequent AGREEMENT of the parties. In case of Officer in Charge non-compliance with the provisions by one party, any aggrieved Office of the Court Administrator party may terminate this AGREEMENT by sending a written notice to the other parties at least 30 days prior to the proposed date of termination. OCA CIRCULAR NO. 250A-2016 (Sgd.) Sec. FELIPE L. ROJAS, Jr. CEO VI Chairman Dangerous Drugs Board TO: ALL CLERKS OF COURT OF THE FIRST AND SECOND LEVEL COURTS (Sgd.) Dr. PERSIDA V. RUEDA-ACOSTA SUBJECT: BANGKO SENTRAL NG PILIPINAS CIRCULAR NO. Chief Public Attorney 910 DATED APRIL 22, 2016 Public Attorney’s Office The Bangko Sentral ng Pilipinas, through Deputy Governor Diwa C. Guinigundo, requested the Office of the Court Administrator to issue a circular on the replacement/exchange of the New Design Series (NDS) bank notes, pursuant to the OCA CIRCULAR NO. 225-2016 Bangko SentraI ng Pilipinas (BSP) No. 910 dated April 22, 2016 (Replacement/Exchange of the New Design Series [NDS] Banknotes from the General Public and NDS Banknotes in the Custody of [i] Authorized Agent Banks, [ii] Office of Provincial/ TO: ALL JUDGES OF FAMILY COURTS City/ Municipal Treasurers, [iii] Clerks of Court/All Enforcement SUBJECT: CLARIFICATION OF OCA CIRCULAR NO. 10-2014 ON Agencies and [iv] Overseas Filipinos as of December 31, 2016), THE REQUIREMENT OF THE LAW ON ADOPTION CASES Item No. 3 of which pertinently provides: Quoted hereunder are pertinent provisions of Resolution 3. In the case of NDS banknotes which are subject of No. 02-2016 of the Committee on Family Courts and Juvenile pending court cases, CCs [Clerks of Court]/ALEAs Concerns-Technical Working Group, clarifying the application shall submit for exchange the said NDS banknote holdings to the BSP within six months after the of OCA Circular No. 10-2014 on petitions for adoption intended corresponding legal case(s) have been terminated. for inter-country adoption but filed under the Domestic To ensure replacement of these notes, CCs and Adoption Act of 1998 (RA No. 8552): ALEAs shall submit to the BSP-Cash Department Resolution No. 02-2016 a duly filled-up and certified Inventory/Exchange Form for the New Design Series Banknotes not Clarification of OCA Circular No. 10-20-14 on the later than the close of business hours on January Requirement of the Law on Adoption Cases 31, 2017, copy furnished the BSP Office where A petition for adoption which is properly one for inter- the NDS banknotes are to exchanged through any of the following mode of submission: electronic country adoption but filed with the Family Court under the mail, facsimile message, courier or hand carried. Domestic Adoption Act of 1998 (RA No. 8552) by an alien or The address, contact information and territorial a former Filipino citizen, or by a Filipino citizen permanently coverage of the BSP-Cash Department and the BSP residing abroad, not qualified under the law as to residency regional offices and branches are listed in Annex and certification or not falling under the exceptions provided 2. The replacement of NDS banknotes subject of by law, shall not be dismissed by the Court, but shall be court cases shall be strictly in accordance with the transmitted to the Inter-Country Adoption Board for the certified inventory submitted on or before January latter's appropriate action pursuant to Section 32 of the Rule 31, 2017. (Emphasis underlined) on Adoption (A.M. No. 02-6-02-SC). For immediate and further reference, a copy of BSP No. However, if the said alien or former Filipino citizen is 910, dated April 22, 2016, with its attachments is appended qualified under Section 7(b) of the Domestic Adoption Act of herein as Annex “A”. 1998, the Family Court shall hear and decide the petition for This circular revokes OCA Circular No. 250-2016 dated adoption. November 24, 2016. 42 October–December 2016

Circulars OCA CIRCULAR NO. 250A-2016 (continued) Design Series Banknotes (Annex 1). The NDS banknote Strict compliance is hereby enjoined. holdings submitted by AABs and OTs to BSP after March November 5, 2016. 31, 2017 shall not be valid for exchange/replacement. The address, contact information and territorial coverage of (Sgd.) JOSE MIDAS P. MARQUEZ the BSP-Cash Department and the BSP regional offices and Court Administrator branches are listed in Annex 2. 3. In the case of NDS banknotes which are subject of pending court cases, CCs/ALEAs shall submit for exchange the said NDS banknote holdings to the BSP within six months after Annex A the corresponding legal case(s) have been terminated. To ensure replacement of these notes, CCs and ALEAs shall BANKO SENTRAL NG PILIPINAS submit to the BSP-Cash Department a duly filled-up and OFFICE OF THE GOVERNOR certified Inventory/Exchange Form for the New Design Series Banknotes not later than the close of business hours CIRCULAR NO. 910 on January 31, 2017, copy furnished the BSP Office where Series of 2016 the NDS banknotes are to be exchanged, through any of the Subject: Replacement/Exchange of the New Design Series following mode of submission: electronic mail, facsimile (NDS) Banknotes from the General Public and NDS Banknotes message, courier or hand carried. The address, contact in the Custody of (i) Authorized Agent Banks, (ii) Office of information and territorial coverage of the BSP-Cash Provincial/City/Municipal Treasurers, (iii] Clerks of Court/All Department and the BSP regional offices and branches Law Enforcement Agencies and (iv) Overseas Filipinos as of are listed in Annex 2. The replacement of NDS banknotes December 31, 2016 subject of court cases shall be strictly in accordance with the certified inventory submitted on or before January 31, Further to BSP Circular No. 863 series of 2014, Authorized Agent 2017. Banks (AABs) are required to accept from the general public the New Design Series (NDS) banknotes far exchange with the 4. Overseas Filipinos (OFs) working/living abroad who have New Generation Currency (NGC) banknotes until December 31, in their possession NDS banknotes which could not be 2016. There are other institutions/entities and individuals who exchanged within the prescribed period from January 1, may also have NDS banknotes in their custody as of December 2016 to December 31, 2016 shall register their NDS banknote 31, 2016 in consideration of legal constraints and geographical holdings through the BSP Website starting October 1, 2016 location, namely (i) the Office of Provincial/City/Municipal to December 31, 2016. The registered NDS banknotes shall Treasurers (OTs), (ii) Office of Clerks of Court (CCs)/all law be submitted for exchange the NGC banknotes within one enforcement agencies (ALEAs) and (iii] Overseas Filipinos (OFs). year from date of registration at any of the BSP Offices indicated in Annex 2. The said NDS banknotes submitted To facilitate the replacement/exchange of the NDS to the BSP beyond the period of one year from date of banknotes from the general public by banks and NDS banknotes registration shall not be valid far exchange/replacement. in the custody of AABs, OTs, CCs/ALEAs and OFs as of December The NDS banknote exchange facility provided by the BSP to 31, 2016 with NGC banknotes, the following guidelines and OFs shall be limited to P10,000 for each OF. procedures shall be observed accordingly: 5. In the case of OFs who are located in countries experiencing 1. All banks (head offices and their branches) are required to geopolitical crisis during the registration period (i.e., accept/exchange/replace NDS banknotes until December October 1, 2016 to December 31, 2016), they can avail of 31, 2016. Banks’ officers/employees who refuse to accept the BSP exchange facility for OFs from January 1, 2017 until NDS banknotes from the general public, clients or non- December 31, 2017, subject to the P10,000 limit for each clients, during the prescribed NDS banknote exchange OF as cited in item no. 4 of this Circular. The NDS banknote period shall be subject to administrative sanctions, holdings of said OFs submitted to the BSF after December pursuant to Section 37 of Republic Act No. 7653, otherwise 31, 2017 shall not be valid for exchange/replacement. known as “The New Central Bank Act.” All NDS banknote holdings submitted for exchange/ 2. AABs and OTs may submit the NDS banknotes, in their replacement shall be subject to the usual piece by piece custody for replacement/exchange with NGC banknotes verification by the BSP. at the BSP-Cash Department and any of the BSP regional offices/branches starting January 2, 2017 but not later For the Monetary Board: than the close of business hours on March 31, 2017, with VICENTE S. AQUINO two day prior notice to allow the BSP to prepare the Officer in Charge required volume and denominations of NGC banknotes. The submission of AABs shall be accompanied by a duly accomplished BSP form for exchange/deposit of banks. In the case of submission of OTs, it should be accompanied April 22, 2016 by a duly filled-up Inventory Exchange Form for the New Volume XVIII Issue No. 72 43

Annex 1 BANKO SENTRAL NG PILIPINAS Cash Department

Inventory/Exchange Form for the “New Design Series (NDS)” Banknotes Received the following NDS Banknotes from (please indicate the group source by checking the box provided below) by (please indicate the recipient BSP Office) :

NDS Banknotes for Exchange Cash Breakdown No. of Loose No. of Loose DENOMINATION No. of Bundles TOTAL PIECES TOTAL AMOUNT Wrappers Banknotes 1000-piso 500-piso 200-piso 100-piso 50-piso 20-piso 10-piso 5-piso TOTAL

Amount in words:

Submitted by: Address/Location: Contact No.:

Group Source: Municipal, City and Provincial Treasurer’s Office Clerk of Court (CC) and All Law Enforcement Agencies (ALEA) (People of the Philippines/Plaintiff) versus (Name of Accused/Defendant) Certification: (To be filled-up by the Clerk of Court/Authorized Representative upon surrender/exchange of NDS banknotes to BSP in the case of NDS banknotes that are subject to court cases. )

Certification This is to certify that the abovementioned number and amount of NDS banknotes being surrendered to BSP for exchange by (please specify the name of CC or ALEA) formed part of court evidence under criminal/civil case no. entitled PP/Plaintiff vs. Accused/Defendant which has become final and executory on .

______Clerk of Court/Authorized Representative Date:

Note: One wrapper consists of 100 pieces banknotes. One bundle consists of 10 wrappers. 44 October–December 2016

Circulars OCA CIRCULAR NO. 250A-2016 (continued) Annex 2 Banko Sentral ng Pilipinas Offices Accepting NDS Banknotes for Replacement/Exchange

Provinces/Cities Serviced by RO/ BSP ROs/Branches Address Contact Information Regional Coverage Branch Security Plant Complex East Tel. No: (02) 988-4835; (02) 988-4852 Cavite, Laguna, Batangas, Rizal and CASH DEPARTMENT 4A-CALABARZON Avenue, Diliman, Quezon City Fax No: (02) 926-2318; (02) 926-4855 Quezon CAR-Cordillera Abra, Apayao, Benguet, Ifugao, LA UNION REGIONAL , City of San Tel. No: (072) 888-2083 Administrative Kalinga, and Mountain Province, La OFFICE Fernando, La Union Fax No: (072) 888-3793 Region Union, parts of Ilocos Sur, CAR Greenfields Subd., Mac Tel Nos: (045) 455-3835 to 36 , Tarlac, Zambales, San Fernando (Pampanga) Arthur Highway, Sindalan, San 3 - Central Luzon Fax No: (045) 455-3835 Bataan Fernando City, Pampanga National Highway, Quiling Tel Nos: (077) 792-2103/792-2101 Ilocos Norte, parts of Ilocos Sur, Batac 1 - Norte, Batac City, Ilocos Norte Fax No: (077) 792-2105 CAR Regional Government Center, Tel No: (078) 844-4755 Batanes, Cagayan, Isabela, Nueva Tuguegarao 2 - Cagayan Valley Tuguegarao City, Cagayan Fax No: (078) 846-4933 Vizcaya, and Quirino Tondaligan, Bonoan Guesset, Tel No: (075) 614-3027 Pangasinan, parts of Northern Dagupan 1 - Ilocos Region Dagupan City Fax No: (075) 614-3026 Tarlac Cor. Del Pilar and Paco Roman Tel Nos: (044) 463-1734 / 463-1736 Nueva Ecija, Aurora, parts of Cabanatuan 3 - Central Luzon Sts., Cabanatuan City Fax No: (044) 463-2180 Bulacan Tel No: (042) 373-7323 Mindoro, Marinduque, Romblon, Lucena Quezon Avenue, Lucena City 4B - MIMAROPA and Palawan Roxas Avenue, Diversion Road, Naga Tel No: (054) 473-9073 5 - Camarines Sur, Camarines Norte Barangay Triangulo, Naga City Barangay 18 Rizal St., Tel No: (052) 480-5519 Albay, Catanduanes, Masbate, Legazpi 5 - Bicol Region Cabagñan, Legaspi City Fax No: (052) 480-5585 Sorsogon Cor. Osmena Blvd and P. del Tel. No: (032) 254-0973 CEBU REGIONAL OFFICE 7 - Central Visayas Cebu, Bohol Rosario Sts., Cebu City Fax No: (032) 254-0702 Lacson cor. Luzuriaga Sts., Tel No : (034) 434-7755 Bacolod 6 - Western Visayas Negros Occidental Bacolod City Fax No: (034) 435-2816 Tel No: (033) 335-1180 Iloilo BSP Bldg., Solis St., Iloilo City 6 - Western Visayas Iloilo, Guimaras, Antique Fax No: (033) 338-0573 Arnaldo Boulevard, Brgy. Tel No: (036) 621-7823 Roxas 6 - Western Visayas Capiz, Aklan Baybay, Roxas City 5600 Telefax No.: (036) 621-7812 North Road, Daro, Dumaguete Tel No: (035) 422-9326 Dumaguete 6 - Western Visayas Negros Oriental, Siquijor City Fax Nos: (035) 422-9326 Airport Road, San Jose, Tacloban Tel No: (053) 325-9121 8 - Eastern Visayas Samar, Leyte Tacloban City Tel. No: (082) 300-3709 Davao del Norte/del Sur, Oriental/ DAVAO REGIONAL OFFICE Quirino Avenue, Davao City 11 - Davao Region Fax No: (082) 226-4130 Occidental, Compostela Valley J.C. Ave., Brgy. Libertad, Agusan del Norte/del Sur, Surigao Butuan Tel No : (085) 815-1502 13- Caraga Region Butuan City del Norte/del Sur, Dinagat Islands Misamis Oriental, Bukidnon, National Highway and Velez Tel No : (088) 857-4179 10 - Northern Cagayan De Oro Camiguin, Iligan City, Lanao del Sts., Cagayan de Oro City Fax No: (088) 857-4146 Mindanao/ARMM Sur/Norte 12 - Quezon Ave. cor Sinsuat Ave., Tel Nos: (064) 421- 7370 Cotabato SOCCSKSARGEN/ Cotabato City, Maguindanao Cotabato City Fax No: (064) 421-3117 ARMM Pendatum and Daproza Sts., 12 - South Cotabato, Sultan Kudarat, General Santos Tel Nos: (083) 552-1905 General Santos City SOCCSKSARGEN Sarangani Circumferential Road, Ozamiz Misamis Occidental, Dipolog, Ozamiz Tel Nos: (088) 521-2678 City Pagadian Zamboanga del Norte/del Sur/ N.S. Valderosa St., Pettit Tel No: (062) 991-2151 9 - Zamboanga Zamboanga Sibugay, Basilan, Sulu and Tawi- Barracks, Zamboanga City Fax Nos: (062) 991-2692/992-3055 Peninsula/ARMM Tawi Volume XVIII Issue No. 72 45

OCA CIRCULAR NO. 230-2016 OCA CIRCULAR NO. 233-2016

TO: ALL JUDGES AND CONCERNED COURT PERSONNEL OF TO: ALL JUDGES AND CLERKS OF COURT OF THE FIRST AND THE FIRST AND SECOND LEVEL COURTS SECOND LEVEL COURTS SUBJECT: GUIDELINES ON THE DISTRIBUTION AND USE OF SUBJECT: INCIDENT RECORD FORM AS ADDITIONAL THE DETAINEES NOTEBOOK EVIDENCE IN COURT To avoid any confusion over the distribution and proper use The Philippine National Police (PNP), through the Police of the Detainees Notebook under Section 15(c) of the March Director General, Mr. Ronald M. Dela Rosa, has requested the 18, 2014 Resolution of the Court in A.M. No. 12-11-2-SC Office of the Court Administrator to issue a circular on the (Guidelines for Decongesting Holding Jails by Enforcing the admissibility of the new Incident Record Form (IRF) of the PNP Rights of Accused Persons to Bail and to Speedy Trial), the as evidence in court. following guidelines are hereby adopted: The PNP recently implemented the Crime Incident 1. The Office of the Court Administrator (OCA) shall Reporting and Analysis System (CIRAS), which aims to supply each court with the required number generate reliable information on crime incidents and enhance of Detainees Notebooks. For this purpose, the police investigative capabilities through an integrated respective Executive Judges shall submit to the database system. With the CIRAS, crime incidents would now Property Division, Office of Administrative Services, be recorded utilizing the IRFs, which would eventually replace OCA, the number of detainees in their jurisdiction the police blotter. Once fully implemented, the police blotter and the number of Detainees Notebook needed, send will only be used as a log of duly accomplished IRFs and will no the same to the Property Division via regular mail longer contain any other information. or email at [email protected], and In view thereof and considering the probative value of coordinate with the Property Division for the delivery the Incident Record Form, all concerned are accordingly of the Detainees Notebooks. DIRECTED to judiciously CONSIDER and ALLOW the Incident 2. Two copies of the Detainees Notebook shall be Record Form as evidence in courts and eventually replace allotted to each detainee for every pending case the blotter entry excerpts. detainee has, regardless of the imprisonment period Strict compliance is hereby enjoined. of the imposable penalty. One copy shall be filed with and attached to the records of the case in court and November 16, 2016. shall form part thereof, while the other shall be kept (Sgd.) JOSE MIDAS P. MARQUEZ by the jail warden, which copy shall be brought to the Court Administrator court every time the accused has a hearing. 3. BOTH copies of the Detainees Notebook shall be updated by the court personnel assigned by the judge OCA CIRCULAR NO. 265-2016 and signed by him or her and the branch clerk of court after every hearing, stating what action the court has taken on the case, the next scheduled hearing, and TO: CONCERNED JUDGES AND BRANCH CLERKS OF COURT OF what action the court will further take thereon. Case THE FIRST AND THE SECOND LEVEL COURTS OF CALOOCAN, incidents that occurred before the distribution of the VALENZUELA, MALABON, MANDALUYONG, PARAÑAQUE, Detainees Notebook need not be recorded therein. PASAY AND LAS PIÑAS UNDER THE HUSTISYEAH! PROJECT 4. For detainees released on bail or recognizance, their SUBJECT: IMPLEMENTATION OF SECTIONS 11 AND 12 OF copy of the Detainees Notebook shall be surrendered THE GUIDELINES FOR DECONGESTING HOLDING JAILS BY to the court. Should bail be subsequently canceled or ENFORCING THE RIGHTS OF ACCUSED PERSONS TO BAIL forfeited, the Detainees Notebook shall be returned AND TO SPEEDY TRIAL (A.M. NO. 12-11-12-SC), IN RELATION to the jail warden for safekeeping. WITH THE FULL ROLL OUT OF HUSTISYEAH! IN HUSTISYEAH! COURTS (A.M. NO. 13-04-11-SC) For your guidance and strict compliance. On March 18, 2014, the Supreme Court en banc in A.M. No. November 7, 2016. 12-11-2-SC issued the Guidelines for Decongesting Holding (Sgd.) JOSE MIDAS P. MARQUEZ Jails by Enforcing the Rights of Accused Persons to Bail and Court Administrator to Speedy Trial, authorizing trial courts to serve subpoenas and notices to parties and witnesses through electronic mails 46 October–December 2016

Circulars 7. The subpoenas and notices shall first be electronically OCA CIRCULAR NO. 265-2016 (continued) served through e-mail or SMS. If these modes of service (e-mail), telephone calls (landline or mobile phone), or by are not feasible, then the notices and subpoenas shall, short messaging service (SMS) in criminal cases. On August with prior clearance from the judge, be served by 5, 2014, the Court En Banc in A.M. No. 13-04-11-SC extended telephone calls, either through landline or mobile phone. such service to civil cases. Pursuant thereto: For this purpose; the attached Form C shall be used. 1. In addition to the other modes of service of subpoenas 8. For accuracy and uniformity, service through SMS should and notices under the Rules of Court, trial courts may include the court of origin, the case number, and the serve subpoenas and notices to parties, their counsels, notice itself. The SMS should resemble the sample SMS in and witnesses in criminal and civil cases through e-mail, Annex A. telephone calls (landline or mobile phone), or by SMS. In 9. The electronic service or service by telephone call under cases where there are detainees, such service shall be these guidelines shall be proved by any of the following: made through the officer having the management of the jail or penal institution where the inmates are detained. a. printouts of sent e-mail and the acknowledgment by the recipient; 2. Each court shall use the official e-mail address, mobile phone and landline, numbers provided by the Supreme b. printouts of SMS transmitted through the court’s Court Management Information Systems Office (MISO) equipment or device and the acknowledgment by the for the service of subpoenas and notices. The trial court recipient; or shall also inform the parties, their counsels, witnesses, c. report of phone call made by the designated court or the officer having the management of the jail or penal personnel. institution, of the court’s official e-mail address, landline 10. The postal and e-mail addresses, as well as the mobile and mobile phone numbers. phone and landline numbers of the counsels, the parties 3. Unless otherwise directed by the judge or the branch clerk and the witnesses, shall be part of the official court records of court, only the criminal docket clerk in criminal cases and shall enjoy the same degree of confidentiality. and the civil docket clerk in civil cases are authorized to 11. Any person who uses the said addresses or numbers call or electronically serve subpoenas and notices. In the without proper authority, or for purposes other than the absence of the criminal or civil docket clerks, judges shall sending of court subpoenas or notices, may be cited for designate in writing the court personnel who will effect indirect contempt and accordingly sanctioned. such service. 12. In highly-sensitive and confidential cases where the 4. Each court shall submit to the Office of the Court disclosure of e-mail addresses, landline and mobile Administrator the names of the authorized personnel who phone numbers may pose security risks or breach of may call or electronically serve subpoenas and notices in confidentiality rules, the regular mode of service shall be criminal and civil cases. For this purpose, the attached observed. In this regard, the e-mail addresses, landline Form A shall be used and the accomplished form shall be and mobile phone numbers of the parties concerned sent via e-mail to [email protected]. need not be obtained by the court. 5. In criminal cases, the court shall direct the public For compliance. prosecutors to furnish the court his or her e-mail address, landline and mobile phone numbers, including those of the December 1, 2016. complainant/s and his or her witnesses. Where a private (Sgd.) JOSE MIDAS P. MARQUEZ prosecutor enters his appearance in the case, the duty Court Administrator to furnish these data shall be on the private prosecutor. Where the accused is represented by a counsel de parte, or counsel de officio, including the public attorney, the responsibility of supplying the above data shall belong to Form A them. The court shall see to it that these requirements are complied with. For this purpose, the attached Form B REPUBLIC OF THE PHILIPPINES shall be used. ______TRIAL COURT ______REGION 6. In civil cases, the court shall direct the counsels, or in BRANCH ____, _____ their absence, the parties, to furnish the court the e-mail addresses, and the landline and mobile phone numbers of The following court personnel are hereby authorized to send the parties, their counsels, and witnesses through which subpoenas and notices to parties, their counsels, and witnesses in they can be served with subpoenas and notices. For this the cases before this court: purpose, the attached Form B shall be used. Volume XVIII Issue No. 72 47

Form C 1. Criminal Cases Name: REPUBLIC OF THE PHILIPPINES Position: ______TRIAL COURT 2. Civil Cases ______REGION Name: BRANCH ____, _____ Position: ______is hereby authorized to serve Furthermore, the following e-mail address, mobile phone through phone call a subpoena or notice and should state the and landline numbers of the court will be used for such service: following: Case title/docket number: ______E-mail address: Party/counsel/witness to be served: ______Mobile phone number: Material facts of the notice or subpoena:

Landline number:

Dated this ____ day of ______20 __. Dated this ____ day of ______20 __. ______Presiding Judge Judge Date: ______Form B Time of call: ______

REPUBLIC OF THE PHILIPPINES Answer of the party/counsel/witness to the notice or ______TRIAL COURT subpoena: ______REGION BRANCH ____, _____

______Criminal Case No. or Civil Case No. ______- versus - Branch Clerk, Criminal / Civil Docket Clerk ______

I, ______may be served with subpoenas and/or notices in the above-captioned case through my preferred Annex A e-mail address, landline or mobile phone number as indicated below: Sample SMS - PRODUCE ORDER E-MAIL ADDRESS: From QC RTC BR 123. Re: CC Q-10-613214. Case Title: PP v. Reyes. To Jail Warden: PRODUCE accused JOHN DOE on 19 January 2017 at MOBILE PHONE NUMBER: 9:00 am for ARRAIGNMENT. Hall of Justice Annex Building, QC. LANDLINE NUMBER: Reply to acknowledge receipt. I undertake to immediately acknowledge receipt of the Sample SMS - SUBPOENA AD TESTIFICANDUM subpoenas and notices sent through said e-mails and mobile phones. From QC RTC BR 123. Re: CC Q-10-613214. Case Title: PP v. Reyes. I also undertake to immediately inform the court in writing To JOHN DOE: APPEAR and TESTIFY on 19 January 2017 at 9:00 am. of any changes in any of my e-mail addresses and/or contact Hall of Justice Annex Building, QC. Reply to acknowledge receipt. numbers. I understand that the service herein shall be proved by Sample SMS - SUBPOENA DUCES TECUM printouts of sent e-mail or SMS, and is presumed complete upon From QC RTC BR 123. Re: CC Q-10-613214. Case Title: PP v. Reyes. transmission. For notices made through phone calls, proof of To JOHN DOE: APPEAR and BRING with you the following evidence service shall be through a report of the phone call made by the _____ on 19 January 2017 at 900 am. Hall of Justice Annex Building, designated court personnel. QC. Reply to acknowledge receipt. Dated this _____ day of ______, 20 ___ . Sample SMS - NOTICE OF HEARING ______From QC RTC BR 123. Re: CC Q-10-613214. Case Title: PP v. Reyes. Name and Signature To ATTY. JOHN DOE: Case set for hearing on 19 January 2017 at 9:00 Party/Counsel/Witness am. Hall of Justice Annex Building, QC. Reply to acknowledge receipt. 48 October–December 2016

OCA CIRCULAR NO. 270-2016 any urgent matter requiring immediate action to the nearest presiding judge of the appropriate Regional Trial Court or Municipal Trial Court with jurisdiction to act on TO: JUDGES OF THE FIRST AND SECOND LEVEL COURTS the matter. Such presiding judge is authorized to hear SUBJECT: TEMPORARY SUSPENSION OF COMMITTING and resolve any urgent matters, including applications INMATES TO CONGESTED JAIL FACILITIES for restraining orders, injunctions and other matters requiring immediate attention prior to the appointments In view of reports of the alarming increase in the number of of a new judge, the return of the regular judge, the inmates in jail facilities all over the country, and as confirmed assignment of an acting judge, OR THE RETURN by Jail Director Serafin P. Barreto, Jr., Chief of the Bureau of THEREOF, without prejudice to any subsequent action Jail Management and Penology (BJMP), in his letter dated that may be taken by the judge to whom the particular September 23, 2016 relative to the present congested case is eventually assigned. If the nearest trial court is a condition of these jail facilities, all judges of the First and multiple sala station, the matter shall be referred to the Second Level Courts are hereby DIRECTED to first ascertain Executive Judge, or in his absence, the presiding judge the actual state of these facilities and submit a report of their authorized to act for the Executive Judge; and findings to their respective Executive Judges. The Clerk of Court, before making such referral The Executive Judges of the First and Second Level Courts, to the nearest presiding judge of the same level, shall for their part and pursuant to their duty to (a) inquire into the certify that the station is vacant, or that the presiding prisoners’ proper accommodation and health, and, examine judge thereof is absent or disabled and that no acting the condition of the jail facilities; and (b) strive to eliminate judge has been designated, OR THE LATTER IS ABSENT conditions inimical to the detainees, are hereby DIRECTED OR OTHERWISE UNAVAILABLE. The RTC Executive to coordinate with the BJMP wardens in identifying the Judge with jurisdiction over the MTC single sala station overcrowded jails and to order, if feasible, the temporary concerned or the Court Administrator in the case of an suspension of issuance of Commitment Orders transferring RTC single sala station, shall immediately be notified of inmates to the identified overcrowded jail facilities within said referral. [AMENDMENTS IN BOLD] their respective administrative areas of responsibility. For your information, guidance and strict compliance. December 5, 2016. December 5, 2016.

(Sgd.) JOSE MIDAS P. MARQUEZ (Sgd.) JOSE MIDAS P. MARQUEZ Court Administrator Court Administrator

OCA CIRCULAR NO. 271-2016 OCA CIRCULAR NO. 272-2016

TO: ALL JUDGES AND CLERKS OF COURT OF THE FIRST AND TO: ALL JUDGES OF THE FIRST AND SECOND LEVEL COURTS SECOND LEVEL COURTS SUBJECT: SERVICE OF WRITS AND COURT PROCESSES SUBJECT: COURT RESOLUTION DATED NOVEMBER 22, 2016 IN CONNECTION WITH CASES INVOLVING FOREIGN Pursuant to the November 22, 2016 Resolution of the Court GOVERNMENTS OR INSTRUMENTALITIES THEREOF En Banc in A.M. No. 16-11-390-RTC (Re: Further Amendments The Department of Foreign Affairs, through the Acting to Administrative Order No. 134-92, which Establishes a Assistant Secretary, Atty. Leo Tito L. Ausan, Jr., Office of Legal Pairing System for Single Sala Stations), the Court RESOLVED Affairs, requested the Office of the Court Administrator to to FURTHER AMEND Administrative Order No. 134-92 which issue a circular on the proper observance of Memorandum established a pairing system for single sala stations, as Circular No. 3 dated March 14, 1978 (Service of Writs and amended by Administrative Order No. 19-97 dated February Court Processes in Connection with Cases Involving Foreign 14, 1997, the full text of which is as follows: Governments or Instrumentalities Thereof), paragraph 2 of In the event of vacancy in a single sala station or of which pertinently provides: the absence or disability of the judge thereof and no Accordingly, you are hereby advised that henceforth acting judge has yet been designated, OR IN CASE OF court processes and writs issued in connection with THE ABSENCE OR UNAVAILABILITY OF THE LATTER, the cases involving foreign governments or agencies should Clerk of Court, upon the request of any party, shall refer be forwarded to the Department of Foreign Affairs Volume XVIII Issue No. 72 49

for transmission to the foreign embassy concerned by Issued this 14th day of June 2016. diplomatic note.(Emphasis added) The foregoing directive was reiterated in Circular No. 22 (Sgd.) MARIA LOURDES P. A. SERENO dated September 2, 1987 and further restated in Circular No. Chief Justice 3-91 dated May 20, 1991. Chairperson, First Division In view thereof and in consonance with the prevailing (Sgd.) ANTONIO T. CARPIO diplomatic practice, all concerned are hereby DIRECTED to Chairperson, Second Division FORWARD all court processes and writs issued in connection with cases involving foreign governments or agencies to the (Sgd.) PRESBITERO J. VELASCO, Jr. DEPARTMENT OF FOREIGN AFFAIRS for transmission to the Chairperson, Third Division foreign embassy concerned by diplomatic note. For strict compliance. December 5, 2016. MEMORANDUM ORDER NO. 38-A-2016 (Sgd.) JOSE MIDAS P. MARQUEZ Court Administrator ESTABLISHING THE TECHNICAL WORKING GROUP ON JUDICIAL INTEGRITY UNDER THE COMMITTEE ON CONTINUING LEGAL EDUCATION AND BAR MATTERS In view of the need to further thresh out issues related on strengthening judicial integrity falling under the mandate of the Committee on Continuing Legal Education and Bar Matters, a Technical Working Group on Judicial Integrity is hereby established, as follows: MEMORANDUM ORDER NO. 24-2016 Chairperson Hon. Romeo J. Callejo, Sr. (Ret.) Vice Chancellor, Philippine Judicial Academy APPOINTING THE SC DEPUTY DIVISION CLERK OF COURT IN THE OFFICE OF THE DIVISION CLERK OF COURT, THIRD Vice Chairperson DIVISION Hon. Amparo Cabotaje-Tang Presiding Justice, Sandiganbayan WHEREAS, the position of SC Deputy Division Clerk of Court in the Office of the Division Clerk of Court, Third Division, is Members vacant; the notice of vacancy and the deadline for the filing of Hon. Roman G. Del Rosario the applications for appointment thereto were duly published; Presiding Justice, Court of Tax Appeals and the matrix (showing the applicants’ present positions with Hon. Magdangal M. De Leon salary grades, highest educational attainment, performance Associate Justice, Court of Appeals rating, relevant experiences, trainings and seminars, dates of Hon. Alexander G. Gesmundo entrance to the Supreme Court, and dates of last promotion) Associate Justice, Sandiganbayan prepared by the Deputy Clerk of Court and Chief Administrative Officer Atty. Eden T. Candelaria were submitted to the Chief Hon. Hilarion L. Aquino (Ret.) Justice; Chair, Department of Ethics Philippine Judicial Academy–Academic Council WHEREAS, evaluations have been made based on the criteria for the selection of the most qualified applicants. Hon. Hector Hofilena (Ret.) Vice Chair, Department of Ethics NOW, THEREFORE, the undersigned, for and in behalf of the Philippine Judicial Academy–Academic Council Supreme Court, by virtue of and pursuant to the power and authority vested in the revised Resolution in A.M. No. 99- Dean Sedfrey M. Candelaria 12-08-SC, do hereby appoint ATTY. MISAEL DOMINGO C. Head, Research, Publications and Linkages Office BATTUNG, III as Deputy Division Clerk of Court in the Office Philippine Judicial Academy of the Division Clerk of Court, Third Division. Hon. Georgina D. Hidalgo This appointment shall take effect on the 14th day of June Presiding Judge 2016. Regional Trial Court, Branch 122, Caloocan City 50 October–December 2016

Orders MEMORANDUM ORDER NO. 38-A-2016 (continued) other relevant circulars and issuances of the Supreme Court on matters above listed; Dean Ma. Soledad Deriquito-Mawis President 4. Draft a multi-year work plan that shall incorporate Philippine Association of Law Schools the functions and duties herein listed and such other relevant programs, projects and activities (PPA), to Atty. Rosario T. Setias-Reyes be submitted to the Committee on Committee on National President Continuing Legal Education and Bar Matters within Integrated Bar of the Philippines one month from the creation of the Technical Working Atty. Arno V. Sanidad Group. The work plan shall include the following Law Professor details: University of the Philippines a. Identified PPAs and their respective timelines; Atty. Jilliane Joyce R. De Dumo b. Brief description of each PPA and its expected Assistant Chief Staff Head outcome or output; Office of the Chief Justice c. Budget requirements of each PPA; and Secretariat Atty. Ronaldo M. Garcia d. Responsible persons; PHILJA Attorney IV 5. Submit periodic progress reports to the Committee Philippine Judicial Academy on Continuing Legal Education and Bar Matters; and Ms. Joan Marie C. Tejada 6. Perform such functions as may be directed by the Supervising Judicial Staff Officer Chief Justice, Committee or by the Court and those Philippine Judicial Academy that are inherent, incidental or essential to the The Technical Working Group shall have the following accomplishment of its above duties and objectives. functions and duties: To enable it to perform its functions and duties, the 1. Conduct review, research and other relevant study on Technical Working Group shall be authorized to: the following matters: 1. Invite resource persons and observers who may a. appropriate measures to strengthen integrity provide input in the Technical Working Group and prevent opportunism or corruption in the discussions; Judiciary; 2. Collaborate with the Philippine Judicial Academy in b. independent mechanism to be instituted in cases where skills development and other capacity the Supreme Court to receive, inquire into, building measures are necessary; and resolve and deliver disciplinary actions against 3. Do such other acts as may be necessary in the members of the Judiciary, including the creation performance of its mandate. and implementation of appropriate detection, The Chairperson, Vice Chairperson, Members and investigation, prevention and punishment Members of the Secretariat of the Technical Working Group mechanisms to deter, discourage and prevent shall receive the usual expense allowances. graft and corruption in the Judiciary; This Memorandum Order shall take effect upon its c. relevant performance and integrity measures issuance this 29th day of September 2016. that could minimize, if not totally eliminate corruption risks; and (Sgd.) MARIA LOURDES P. A. SERENO d. adequacy and effectiveness of existing Rules of Chief Justice Disciplinary Actions against Justices, Judges and Chairperson, First Division employees of the Judiciary; 2. Recommend, as it may deem necessary, the creation (Sgd.) PRESBITERO J. VELASCO, Jr. of offices in and by the Supreme Court to preserve and Associate Justice enhance judicial integrity, and to ensure the efficient, Chairperson, Third Division fast and just resolution of disciplinary actions against members of the Judiciary and the employees thereof; (Sgd.) TERESITA J. LEONARDO-DE CASTRO 3. Propose and submit to the Supreme Court any Associate Justice amendment of Rule 140 of the Rules of Court and (Per S.O. No. 2375 [Revised] dated September 14, 2016) Volume XVIII Issue No. 72 51 Representative of the Sandiganbayan MEMORANDUM ORDER NO. 46-2016 Representative of the Court of Tax Appeals Ms. Ursula Edita O. San Pedro Judicial and Bar Council CREATING THE JUDICIARY-WIDE COMMITTEE ON DATA RECONCILIATION Secretary WHEREAS, the Judiciary will participate in the constitutionally To be designated by the Chairperson mandated exercise of a national planning process that will The Judiciary-Wide Committee shall have the following create a Philippine Development Plan; functions and duties: WHEREAS, the said planning process requires the 1. Review and collate all relevant data sets available in the establishment of indicators, and setting of annual targets, Judiciary; based upon accurate and standardized data sets used by the 2. Conduct study, research and/or survey of all existing laws, entire justice sector; rules, regulations, and other relevant issuances pertaining WHEREAS, to fully actualize these objectives, there is a need to the gathering, utilizing and updating of data sets, and to create a committee tasked to streamline the process appropriate terminologies and metrics, by the Judiciary, of gathering, utilizing and updating of data sets and other to ensure its timeliness and accuracy; appropriate terminologies and metrics, by the Judiciary, to 3. Receive, assess, and provide recommendations on the ensure that timely and accurate information are used in the appropriate terminologies, data sets and metrics to be national planning process. used by the Judiciary, in relation to other international NOW THEREFORE, the Judiciary-Wide Committee on Data standards; Reconciliation is hereby created and constituted as follows: 4. Propose steps to standardize such data sets, terminologies Chairperson and metrics to be used by the Judiciary; Hon. Karl B. Miranda 5. Liaise with appropriate government agencies in the Associate Justice, Sandiganbayan standardization of such data sets, terminologies and Vice-Chairperson metrics; Atty. Anna-Li Papa-Gombio 6. Prepare the Judiciary Data Handbook and other necessary Deputy Clerk of Court, En Banc materials, as an output of the Committee; Members 7. Propose other policy guidelines and relevant Atty. Eden T. Candelaria recommendations to the Office of the Chief Justice and/ Supreme Court–Office of Administrative Services or to the Court relative to the abovementioned functions: Atty. Carlos N. Garay and Management Information Systems Office 8. Perform such functions as may be directed by the Chief Atty. Marina B. Ching Justice or by the Court and those that are inherent, Court Management Office incidental or essential to the accomplishment of its above Atty. Caridad A. Pabello duties and objectives. Office of Administrative Services The Chairperson, Working Chairperson, Vice Chairperson, Atty. Lilian Baribal Co Members and Members of the Secretariat of the Committee Fiscal Management Office shall receive the usual expense allowances. This Memorandum Order shall take effect upon its Atty. Ma. Regina A.F.M. Ignacio th Halls of Justice issuance this 25 day of November 2016. Atty. Wilhelmina D, Geronga (Sgd.) MARIA LOURDES P. A. SERENO Legal Office, Office of the Court Administrator Chief Justice Atty. Jilliane Joyce R. De Dumo Chairperson, First Division Office of the Chief Justice (Sgd.) ANTONIO T. CARPIO Atty. Elmer DG. Eleria Senior Associate Justice Philippine Judicial Academy Chairperson, Second Division

Atty. Brenda Jay Angeles Mendoza (Sgd.) PRESBITERO J. VELASCO, JR. Philippine Mediation Center Office Associate Justice Representative of the Court of Appeals Chairperson, Third Division 52 3rd Floor, Supreme Court Centennial Building PRIVATE OR UNAUTHORIZEDOctober–December USE TO AVOID 2016 Padre Faura Street corner Taft Avenue, Manila PAYMENT OF POSTAGE IS PENALIZED BY 1000 Philippines FINE OR IMPRISONMENT OR BOTH

First Quarter 2017 Training Programs and Activities

• Capacity Building on Environmental Court of Appeals Justices - Cebu and Justice Adolfo S. Azcuna Laws and the Rules of Procedure for Cagayan de Oro Stations Chancellor Environmental Cases for Selected February 15, Cebu City Judges and Clerks of Court Dean Sedfrey M. Candelaria • Career Enhancement Program for Editor in Chief Regions III, V–XII Sheriffs from Region III January 25–27 February 7–9 Editorial and Research Staff PHILJA Training Center, Tagaytay City PHILJA Training Center, Tagaytay City Atty. Ma. Melissa Dimson-Bautista Region VIII • Orientation Seminar-Workshop for Armida M. Salazar March 22–24 Newly Appointed Sheriffs and Jocelyn D. Bondoc PHILJA Training Center, Tagaytay City Process Servers Ronald Paz Caraig • Orientation Seminar-Workshop for February 14–16 Joseph Arvin S. Cruz Newly Appointed Judges PHILJA Training Center, Tagaytay City Christine A. Ferrer • Information Dissemination through a Joanne Narciso-Medina January 31–February 9 Charmaine S. Nicolas PHILJA Training Center, Tagaytay City Dialogue between Barangay Officials and Supreme Court Officials and Sarah Jane S. Salazar • Orientation Conference on Court- Mobile Court Annexed Mediation Annexed Mediation Circulation and Support Staff February 16–17, TBA Romeo A. Arcullo Stakeholders and Prospective Judith B. Del Rosario Mediators in Davao Oriental March 16–17, TBA Michael Angelo P. Laude February 1, Davao Oriental st • 41 Pre-Judicature Program Lope R. Palermo February 20–March 3 Stakeholders and Prospective Daniel S. Talusig Mediators in Compostela Valley General Santos City February 2, Compostela Valley • Career Enhancement Program for RTC Printing Services Stakeholders and Prospective Clerks of Courts Leticia G. Javier and Staff Mediators in Abra Regions XI and XII February 16, Bangued, Abra February 21–23 Stakeholders and Prospective PHILJA Training Center, Tagaytay City Mediators in Masbate Regions VII and IX The PHILJA Bulletin is published March 2, Masbate City March 14–16 quarterly by the Research, PHILJA Training Center, Tagaytay City Publications and Linkages Office Stakeholders and Prospective of the Philippine Judicial Academy, Mediators in Catanduanes • Refresher/Advanced Course for with office at therd 3 Floor of the March 16, Virac, Catanduanes Court-Annexed Mediators Supreme Court Centennial Building, • PHILJA Curriculum Review: Module February 22–23 Padre Faura Street corner Taft Development Consultation PHILJA Training Center, Tagaytay City Avenue, Manila. Tel: 552-9524; Fax: 552-9621; Email: research_philja@ Members of the PHILJA Corps of • Orientation Seminar-Workshop for Newly Appointed Clerks of Court yahoo.com; [email protected]. Professors ph; Website: http://philja.judiciary. February 7 February 28–March 3, Manila gov.ph Court of Appeals Auditorium, Manila (Continued on page 23)