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 Luzon; 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 Manila 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 Philippines (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, Quezon City III. THE QUEZON CITY EXPERIENCE 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 Metro Manila 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.