Volume XVII Issue No. 68 1
October–December 2015 Volume XVII Issue No. 68 ISSN 2244-5862
From the Chancellor’s Desk
As our contribution in the overall efforts of the Criminal Justice System in addressing drug-related cases, the Academy, in partnership with the Dangerous Drugs Board (DDB), regularly conducts the Seminar-Workshop on Dangerous Drugs Law for Judges, Prosecutors and Law Enforcers.
For the final quarter of 2015, the Academy held the following done in the Court of Appeals, the House of Representatives regular programs: the 30th Orientation Seminar-Workshop for and the Office of the Solicitor General, respectively; Good Newly Appointed Clerks of Court and the Seventh Orientation Practices for the Judiciary in Adjudicating Terrorism Offenses Seminar-Workshop for Newly Appointed Sheriffs and Process (Southeast Asia Regional Meeting); and the PHILJA Curriculum Servers; the 36th Pre-Judicature Program for judicial aspirants; Review: Focus Group Discussion (FGD) for the Academe and the Judicial Career Enhancement Program (JCEP) for First Civil Society. Level Court Judges (Seventh and Eighth Judicial Regions); Quite a number of special focus seminar-workshops were the respective Career Enhancement Programs for the RTC also carried out—the Seminar-Workshop on Strengthening Clerks of Court of the Third Judicial Region, the Court Social Judicial Integrity and Rule of Law for Selected Judges of Workers of Regions IX–XII and the Lawyers-Clerks of Court Regions IV and V; the Seventh Seminar-Workshop on Deposit of the NCJR (Batch 1 – Manila, Caloocan and Pasay), as well Insurance, Banking Practices and Bank Conservatorship, as the RTC Sheriffs of the NCJR (Batch 3). Five batches of the Receivership and Liquidation; the Competency Enhancement Mandatory Continuing Legal Education Program (MCLE) for Training for Judges, Prosecutors, Social Workers and Law Court Attorneys were also delivered, in this period, for the Enforcement Investigators Handling Trafficking in Persons benefit of lawyers in the Supreme Court (Batches 1 and 2) and Cases; the Seminar on Election Laws for Supreme Court the Court of Appeals (Batches 1, 2 and 3). Lawyers; the Seminar-Workshop on Dangerous Drugs Law The holiday rush notwithstanding, the Academy pushed for Judges, Prosecutors and Law Enforcers of the 10th Judicial through with the following special focus activities: Basic Region; and the Capacity Building on Environmental Laws and Judicial Training on Cybercrime for Judges; Validation/Vetting the Rules of Procedure for Environmental Cases for Selected Session on the Final Draft of the Helpbook on Combating Judges and Branch Clerks of Court of Regions I and II. Human Trafficking in the Philippines; Field Guide Information The Academy, through the Philippine Mediation Center Drive on the Philippine Judicial Academy and the Special Office (PMCO), also conducted several activities supporting Course on International Criminal Law and Security, which were Continued on page 2 2 October–December 2015
Contents Continued from page 1 From the Chancellor’s Desk ...... 1 Alternative Dispute Resolution such as the respective Orientations of Clerks of Court and Branch Clerks of Court, Judicial Views ...... 3 Public Prosecutors, Public Attorneys and Law Practitioners on Training Programs and Activities ...... 7 Judicial Dispute Resolution; the Pre-Internship Orientation Judicial Moves ...... 18 and Meeting with Judges, Clerks of Court, Branch Clerks of Court, Mediation Trainees and PMCU Staff in Court-Annexed First Impressions ...... 20 Mediation for the North Cotabato and Sultan Kudarat New Rulings ...... 20 Mediation Programs, respectively; and the Judicial Settlement Conference for Judges on Judicial Dispute Resolution (Skills- Doctrinal Reminders ...... 21 based Course). Refresher/Advanced Courses for Court- Resolutions Annexed Mediators were also held in various parts of the A.M. No. 15-08-02-SC – Guidelines for the Proper country where Mediation Programs are in place, such as Use of the Phrase “Without Eligibility for Parole” In Davao, SOCCSKSARGEN, Samar, Leyte and Metro Manila. Indivisible Penalties ...... 22 PHILJA assisted in the Philippine Judges Association A.M. No. 15-11-12-SC – Revised Implementing Annual Convention and in the 22nd National Convention Guidelines for the Administration and Allocation of Seminar of the Philippine Trial Judges League, Inc. (PTJLI), the Judiciary Development Fund (JDF) ...... 23 as well as in the 12th National Convention and Seminar of the Regional Trial Court-Clerks of Court Association of the Bar Matter No. 1645– Re: Amendment of Rule 139-B . . . . 25 Philippines the theme of which was “E-Administration of Circulars Justice: Clerks of Court Adapting thru the Changing Times.” Monthly Submission OCA Circular No. 223-2015 – Finally, we also had Roundtable Discussions for Justices of Status Report on the Status of Cases Involving and Selected Court Attorneys on Financial Crimes and Intellectual Property Rights ...... 27 Money Laundering for Court of Appeals Cebu and Cagayan OCA Circular No. 231-2015 – Reminder on the Rule de Oro stations. Another Roundtable Discussion on Issues Regarding Gambling and Casinos ...... 28 and Concerns Relating to Intellectual Property Rights and OCA Circular No. 232-2015 – Application of Republic Enforcement was also held, this time involving judges Act No. 8974 ...... 28 and pairing judges of special commercial courts. The 12th OCA Circular No. 250-2015 – Reiteration of Strict Metrobank Foundation Professorial Chair Lecture featuring Observance of Office and Session Hours, Posting of “Til Debt Do Us Part: Revisiting the Rule of Law in Sovereign Court Calendar, Proper Office Attire, and Conduct of Debt Crisis” by Dean Sedfrey M. Candelaria rounded off the Flag Raising and Lowering Ceremonies ...... 29 activities for this final stretch of the year. OCA Circular No. 252-2015 – Internship Program of Note was taken by us of the latest rulings, doctrinal Mediation Trainees on Court-Annexed Mediation . . . . 31 reminders, circulars and orders of the Court and the Office of OCA Circular No. 253-2015 – Reiteration of OCA the Court Administrator. Circular No. 14-2012 Dated March 1, 2012 and Other To our officials and staff, keep up the good work and Incidental Matters ...... 31 congratulations on our milestones thus far. OCA Circular No. 263-2015 – Implementation of To our development partners, thank you for you valuable E-Subpoena Service and Management ...... 32 support as we pursue our common goal. OCA Circular No. 269-2015 – Rules and Regulations on To the Supreme Court, we are very grateful for the Local Absentee Voting in Connection with the May 9, unwavering support to PHILJA and all our training programs, 2016 National and Local Elections ...... 32 and activities. OCA Circular No. 271-2015 – Request of Prosecutors Above all, our thanks to God. to be Furnished with Copies of the Semestral Docket Inventory Reports of Criminal Cases ...... 34 Orders Memorandum Order No. 43-2015 – Creating the ADOLFO S. AZCUNA Special Committee on Retirement and Civil Service Chancellor Benefits ...... 34 First Quarter 2016 Training Programs and Activities . . 36 Volume XVII Issue No. 68 3
Leadership in the Philippine Judiciary in the Context of ASEAN Integration*
Hon. Maria Lourdes P. A. Sereno Chief Justice of the Philippines
May I ask everyone to please The move to integrate, formalized on November 20, observe a minute of silence in 2007 when the heads of the 10 ASEAN member states honor of our fallen Philippine signed the ASEAN Charter, envisions the establishment of National Police Special Action an ASEAN Community founded on the following pillars: the Forces, and in sympathy with ASEAN Political Security Community (APSC) Pillar; the ASEAN their families and loved ones. Economic Community (AEC) Pillar; and the ASEAN Socio- It is always enervating Cultural Community Pillar, under the principles of political to join an Asian Institute of cohesion, economic integration, and social responsibility, Management forum. AIM is respectively. To my lawyer’s eye, there appears to be a part of my life, when I once coincidental partial symmetry between the three ASEAN served as Executive Director of the AIM Policy Center, formerly pillars of the ASEAN Community and the theory of the former known as the Washington SyCip Policy Center. AIM justifiably Director of the International Institute of Human Rights in takes pride in being one of the pioneers in international Strasbourg, Karel Vasak. Vasak classifies human rights into management education, and I congratulate its new Dean, Dr. three generations: the first generation being of political and Jikyeong Kang, for the challenge that lies before her. I would civic rights, the second generation of socio-economic rights, like to take this occasion also to congratulate the President, and the third generation of communal rights. Like Vasak’s Dr. Steve DeKrey, as it is my first time to have the pleasure of theory, it appears that the ASEAN Charter seeks to guarantee meeting him. full and comprehensive human security to the peoples of the region by declaring among its purposes the enhancement of The topic of my leadership talk inevitably has to do with the well-being and livelihood of the peoples of the ASEAN what is going to dawn in the region by the end of 2015. That “by providing them with equitable access to opportunities period has been designated as the time for the full realization for human development, social welfare, and justice” and also of the vision of an integrated community of more than half by declaring as one of its principles “respect for fundamental a billion people of the 10 member states comprising the freedoms, the promotion and protection of human rights, Association of Southeast Asian Nations (ASEAN), including and the promotion of social justice.” the Philippines. The ASEAN states’ combined nominal GDP exceeds two trillion American dollars. It appears that it is primarily in the economic sphere that the ASEAN integration has made rapid strides. As spelled Changing global dynamics in the political and economic out in the ASEAN Charter, this integration consists of “the sphere has allowed the ASEAN to transform itself into creation of a single market and production base in which a genuine engine for the creation of larger markets for there is free flow of goods and services and investment; production, for trade and services exchange. Particularly facilitated movement of business persons, professionals, significant has been the 1992 agreement on the Common talents and labour; and freer flow of capital.” Besides having a Effective Preferential Tariff for the ASEAN Free Trade Area single market and productive base, the AEC is also envisioned (CEPT/AFTA), which was in a sense the beginning of ASEAN by its Blueprint to be highly competitive economically with economic integration (Severino, 2001). equitable economic development while continuing to be integrated into the global economy. Such heightened economic activities accompanying the * Speech delivered by Chief Justice Maria Lourdes P. A. Sereno during the Sixth ASEAN Leaderspeak Series on January 28, 2015 at the Asian Institute establishment of the AEC has provided the impetus to a shift of Management, Makati City. to a more Rule of Law based approach from the consensual 4 October–December 2015
Judicial Views (continued) Leadership in the Philippine Judiciary in the Context of ASEAN Integration style adopted previously by the ASEAN. By Rule of Law, it is this coming March in our country where we hope to make meant the observance of rules (law) rather than the exercise more progress to judicial cooperation in the region. of discretion. In a sign of progress from its earlier reputation, Another example of ASEAN judicial cooperation is the ASEAN is now growing teeth. And much like an infant, there inaugural ASEAN Chief Justices’ Roundtable on Environment are also teething pains. held on December 5–11, 2011 in Jakarta. The participants For instance, my counterparts from the ASEAN, and came up with A Common Vision on Environment for ASEAN notably from Singapore and Malaysia, have spoken of Judiciaries Statement where the participants resolved to the need for the harmonization of commercial law in the help strengthen the environmental enforcement chain in region, no mean task considering the diversity of law in the their countries. I am proud to say that our judiciary has been region unlike that of say, Europe. For the Philippines, the a trailblazer in the protection of the environment by the responsibility for harmonization lies with Congress, which has courts not just in the ASEAN region but worldwide. This it has plenary legislative power, and the Supreme Court, which has done with its enunciation of the doctrine of intergenerational special rule-making power as to court procedures. responsibility in the Oposa decision which allows litigants to sue on behalf of generations yet unborn and more recently, Indeed the region’s judiciaries have taken up the the Rules on Procedure for Environmental Cases with such challenge of integration with no less than the Chief Justices novel features as the writ of kalikasan. at the forefront. Aided by the ASEAN Law Association (ALA), a non-governmental organization of lawyers, including judges, Singapore for its part in 2007 has launched the law teachers, law practitioners, and government lawyers International Framework for Court Excellence (IFCE), a in the region, the Supreme Court of Singapore hosted the self-assessment evaluation tool using questionnaires and inaugural Meeting of the ASEAN Chief Justices on August checklists to improve court performance. In 2011, an IFCE 23, 2013. In the said Meeting, my ASEAN counterparts and I self-assessment was conducted and tested by 60 Regional and agreed on the following objectives of the Meeting: 1) promote Municipal Trial Courts in our country. There have been calls close relations and mutual understanding amongst the for the IFCE to be “adopted and adapted to suit the ASEAN ASEAN judiciaries; 2) provide a regular forum for the ASEAN context.” As well stated by Singapore’s Chief District Judge Chief Justices to discuss and exchange views on common See Kee Oon: “x x x If members of the ASEAN come together issues facing the ASEAN judiciaries; and 3) facilitate judicial with a common commitment to pursue court excellence via cooperation and collaboration among ASEAN judiciaries a concerted effort in adopting a common framework like the with a view to accelerate the growth and development of International Framework of Court Excellence (IFCE), it will the ASEAN region. We also discussed how to develop an send a strong signal to the world at large that we are united internet portal to improve the flow of information on ASEAN in promoting the region’s stability, economy, and prosperity. judiciaries; promote judicial education and training by This will surely boost our credibility and attractiveness to collaborating on ideas to enhance the training opportunities investors, whether within and beyond the region” (Leong and for judges and judicial officers within the ASEAN; and harness Yin, 2014). judicial cooperation within the ASEAN by collaborating and The commitment to excellence is also something that I sharing best practices in the use of court technology, case have applied to the Philippine judiciary since I became Chief management, and service of court processes within ASEAN to Justice three years ago. In the context of the integration of promote economic growth and development of the region. the ASEAN, I feel such commitment to be even more pressing. In the second Meeting of ASEAN Chief Justices last Indeed it is a must for our judiciary to be world-class for September 19, 2014 in Malaysia, it was decided with regard the Philippines to have the maximum benefits from such to the ASEAN Judiciaries Portal that the first four topics will integration. If we in the judiciary cannot put our own house be objective(s), target audience, content, and language; that in order and create a stable legal environment for business, the portal will be started in English; and that a paper will how can we invite and attract “guests” in the form of foreign be prepared on the funding thereof for the next Meeting direct investors? And in keeping with the Latin maxim nemo of the ASEAN Chief Justices. As for training of judges in the dat quod non habet, no one gives what he does not have, how region, it was decided to establish a Working Group to work can we be a source of judicial best practices to be emulated on the details thereof, and that the training programme will by our ASEAN neighbors? be on a joint partnership basis between Indonesia and the As Chief Justice, I am both leader and manager in this Philippines. It was similarly decided that a Working Group also immense endeavor to make our judiciary world-class. In the be established as to issue of facilitating the service of civil first task, I have to set out a vision of the Philippine judiciary, processes within the ASEAN. The next Meeting will be held and in the second task I have to look for ways and means to Volume XVII Issue No. 68 5
implement the vision. The latter is tricky for I have to do a one hand, and the public on the other, including the delicate balancing act between several interests: ensuring establishment of a system on the effective discipline transparency while protecting the institution, ensuring of the bar and bench. accountability while encouraging people’s morale, assuring job security while upgrading performance standards. Much The Second Pillar like the way ASEAN has incrementally evolved towards a rule- Ensuring the Predictability, Rationality, Speed, based community, so must I introduce reforms in the Judiciary and Responsiveness of Judicial Actions with a careful eye towards the signs of the times. And in all these, I, in the same way ASEAN was originally conceived, Credibility must be demonstrated not only in the conduct of must have the consensus and support of my colleagues in the the judge in terms of integrity, independence, and probity, Court. but it must also be restored in terms of judicial actions, which include decisions and orders that are predictable, rational, At this point, let me introduce you to the four pillars of speedy, and responsive to the situation at hand. my judicial reform agenda. I will just very briefly introduce to you the four pillars through which judicial reform is being Five of the components under this pillar are: pegged, and then I will make a very personal statement on a. Docket decongestion programs that will hopefully leadership. cut by 30 to 50 percent the more than 600,000 The First Pillar cases currently pending in the first and second level trial courts within five years, with parallel jail Institutionalized Integrity and Restored Public Credibility decongestion programs to be jointly undertaken We must restore public belief in the Filipino judge. To do this, with the DOJ and the DILG; we must institutionalize integrity and measure the rise or fall b. A program to coordinate schedules with prosecutors of the credibility of our judges by the appropriate instruments. and public attorneys so that the hearings of criminal Five of the proposed components of this first pillar: cases do not get unduly reset and delayed; a. Creation of the pool of future judges. This can be c. A jurisprudence stabilization program; done by looking at how the selection and education d. Amendments to rules of procedure to cut down of students in law schools can identify the best litigation timee.g., ( the Judicial Affidavit Rule); talents who will be open to the vocation of judgeship; creating this pool includes gearing programs in the e. Monitoring of judicial performance through case Philippine Judicial Academy and possibly in law management systems that provide executive judges schools for the selection and preparation of the best and the Court Administrator real-time or near real- candidates for the judiciary. This pool can also choose time data on the movement of cases. from among practitioners and government lawyers who have led distinguished lives and careers and The Third Pillar who can choose to enrich the rank of the judiciary Improved Systems, Processes and Infrastructure with their presence. Five of the components under this pillar are: b. Transforming the Judicial and Bar Council as the a. Creation of electronic courts and maximum use sharp recruitment, selection and promotion agency of information technology to expedite the service of the judiciary as the JBC was meant to be; of notices and processes, calendaring of hearings, c. Strengthening the ability of the Office of the Court notification of parties, filing, archiving, and Administrator, the Bar Confidant, the Integrated Bar conferencing; of the Philippines and the Supreme Court to monitor b. Judiciary-appropriate international certification of the performance and conduct of judges and lawyers; critical processes; d. Establishment of values education, mentoring programs, and information campaigns in the c. Building of appropriate and efficient court houses context of law school education, of the continuing and storage facilities; professional education of lawyers, and of the career d. Creation of standard judicial and legal forms; and enhancement education of judges; and e. Standardization of important judicial and e. Creating two-way communication mechanisms administrative processes and the creation of detailed between the judiciary and the legal profession on the manuals of procedure for these processes. 6 October–December 2015
Judicial Views (continued) Leadership in the Philippine Judiciary in the Context of ASEAN Integration
Fourth Pillar I believe the success of reforms in the Philippine judiciary Effective and Efficient Human Resources will help ease the integration of our country in the ASEAN community and will be one of our country’s contribution in The judiciary is composed of judges and court staff. Any the attainment of an ASEAN fully committed to the Rule of organizational development plan must have an input-output Law. analysis identifying the number and qualifications of the required personnel in order to produce efficient delivery of Now to my personal statement on leadership. While I justice. Such an analysis, however, has not yet been done. may have been able to convince some of you, hopefully, by Also lacking are definition of the terms of reference of many this time, that there is a plan of action that has been set in personnel in the judiciary; an effective system of rewards motion for the judiciary, what I am going to say is beyond and punishment; effective training; and standardized and any reform blueprint on paper. Leadership to me, is being manualized operating procedures. accountable, for the kind of life that I lead in public and in private. If I cannot maintain internal consistency, by being a Five of the components of the pillar are: “just” human being, if I harbor malice and ill-will, and if my a. Professionalization and upgrading of the salary call for integrity is not authentic, then I am not leading, I am grades of some personnel ranks in the judiciary, e.g., only deceiving. To be a leader is to be willing to examine one’s sheriffs, interpreters, and possibly clerks of court; self and to be examined by others. Whether, to the best of my human capacity, I am faithful, whether the motive for reform b. Manualization of standard operating procedures for is unadulterated, whether the vision is being constantly all court personnel and clarification of their terms of carried, and whether as a leader, I continue to authentically reference; speak of and live the noble human values that can elevate the c. Upgrading of the skills of court personnel by judicial community to the heights that it has set its eyes on. continuous training; Ultimately, it is a matter of the heart and will. A good leader d. Creation of effective performance evaluation, must ensure that in her heart of hearts, there is always this rewards, discipline and promotions systems; and constant striving for perfection and excellence, in the context of the service she has chosen. e. Rationalize personnel deployment, including those of judges. Sources: The foregoing goals and strategies that I have set for the judiciary are distilled through my years of training Gonzalez- Manalo, Rosario. 2010. “The ASEAN Community and the and experience as an economist and as a litigator prior Building of an ASEAN Community.” The PHILJA Judicial Journal, to my appointment to the Court. Keeping in mind that the Vol. 12, Issue No. 33: 116–131. dispensation of justice in this country is not the responsibility Leong, James and Yin, Chan Wai. 2014. “Discussion on Court of the judiciary alone but also that of the law enforcement, Excellence.” PowerPoint presentation for the ASEAN Judiciary prosecution, corrections, and community pillars of our Cooperation Workshop, Phnom Penh, Cambodia. October 28–29, criminal justice system, our reform efforts must also be in 2014. tandem with theirs to bear fruit. Menon, Sundaresh. 2013. “ASEAN Integration through Law In the near term, however, which I consider to be Concluding Plenary.”
Training Programs and Activities
The 12th Metrobank Foundation Professorial Chair Lecture featuring “Til Debt Do Us Part: Revisiting the Rule of Law in Sovereign Debt Crisis” by Dean Sedfrey M. Candelaria
Head of the Philippine Judicial Academy’s Research, Dean Candelaria’s lecture delved on three general topics: Publications and Linkages Office and Ateneo Law School Dean (1) Traditional International Law and the Problem of State Sedfrey M. Candelaria is this year’s holder of the Metrobank Insolvency; (2) The International Monetary Fund Stand-By Foundation Professorial Chair in Law and Economics. He Arrangements and National Economic Policy-Making in the delivered his lecture entitled ‘Til Debt Do Us Part: Revisiting Context of Modern Sovereign Debt Crisis Situations; and (3) the Rule of Law in Sovereign Debt Crisis before members of Current Legal Issues: State Responsibility and Some Aspects the Judiciary, academe, lawyers and students from Ateneo of the International Monetary Fund Stand-By Arrangements. Law School, and other guests. One hundred twenty-eight Particularly, Dean Candelaria discussed the traditional participants filled the Metrobank Plaza in Makati City concept of contractual liabilities in the pre-19th century, the on October 28 to attend the two-hour 12th Metrobank Foundation Professorial Chair Lecture. (Next page) 8 October–December 2015
The 12th Metrobank Foundation Professorial Chair Lecture (continued)
and Board of Director of the Philippine Economics Society, protection of the rights of creditor subjects, and the German gave their respective reactions to the lecture. debt settlement and the multilateral approach. Then he went on to talk about the Bretton Woods System and the Dean Candelaria presented a book-bound copy of his development of new international economic rules, the lecture to Mr. Aniceto M. Sobrepeña, President of Metrobank doctrine of conditionality and the development of the stand- Foundation, Inc., who later turned over Dean Candelaria’s by arrangement, the sovereign-debt renegotiation process paper to the Supreme Court through Chief Justice Maria and the IMF Stand-By Arrangement, and the IMF and its role Lourdes P. A. Sereno. in recent sovereign debt crises. Finally, Dean Candelaria shed Earlier in the program, PHILJA Chancellor Justice Adolfo light on current legal issues surrounding the consequences of S. Azcuna gave the Welcome Remarks, Mr. Sobrepeña non-compliance with IMF the stand-by arrangements, the full delivered a Message, and an audio-visual presentation of external debt service and the principle of state necessity, the the Metrobank Foundation, Inc.’s 53 years of existence was human rights standards in sovereign debt crisis, the evolution shown. Chief Justice Sereno capped the program with her of the right to development, the 1986 UN Convention on the Closing Remarks. Right to Development, the municipal law and international The Metrobank Foundation Professorial Chair Lecture, financial obligations, and an examination of a proposed now on its 12th year, aims to assist PHILJA in developing legislation aimed at establishing limits to the country’s debt and enhancing its judicial education programs by providing service payments. grants to its Corps of Professors to write and publish books Atty. Armando L. Suratos, Member of the Monetary Board and treatises with innovative concepts and approaches in of the Bangko Sentral ng Pilipinas, and Dr. Luis F. Dumlao, Chair designated areas of law. Since 2004, 12 PHILJA Professors of the Ateneo de Manila University Economics Department have delivered professorial lectures in various fields of law. Volume XVII Issue No. 68 9
Atty. Maricel D. Fernandez Orientation-Seminar RTC, OCC, Dagupan City, Pangasinan Atty. Maricar Tungay Longayan-Tabilin RTC, Br. 46, Urdaneta City, Pangasinan Atty. Torina Grace Ramos Mateo RTC, Br. 16, Laoag City, Ilocos Norte 30th Orientation Seminar-Workshop for Newly Appointed Atty. Myraflor G. Saculles Clerks of Court RTC, Br. 51, Tayug, Pangasinan Date: October 6–9, 2015 Region II Venue: PHILJA Training Center, Tagaytay City Atty. Kathryn Joy Iritan Bunanig-Odon Participants: 81 newly appointed clerks of court from RTC RTC, Br. 37, Bambang, Nueva Vizcaya and first level courts, namely: Atty. Dennis Pagbilao Feliciano RTC, OCC, Cabarroguis, Quirino Regional Trial Courts Atty. Venus H. De Guzman-Saquing National Capital Judicial Region RTC, Br. 4, Tuguegarao City, Cagayan Atty. Irene C. Arceo Region III RTC, Br. 49, Manila Atty. Mira Ciele Saguinsin Busangilan Atty. Theo Joseph Narvaez Cabasa RTC, Br. 48, City of San Fernando, Pampanga RTC, Br. 197, Las Piñas City Atty. Michael Sarmiento De Guzman Atty. Criscelyn B. Carayugan-Lugo RTC, Br. 89, Sto. Domingo, Nueva Ecija RTC, Br. 87, Quezon City Atty. Mariacarla L. Camua-Dela Paz Atty. Lara Mae D. Casimiro RTC, Br. 80, Malolos City, Bulacan RTC, Br. 54, Manila Atty. Lourdes Philina Bugayong Dumlao Atty. Margareth Kristel B. Cuba RTC, Br. 42, City of San Fernando, Pampanga RTC, Br. 97, Quezon City Atty. Esmeralda M. Valerio-Morada Atty. Marie Angeli Villagarcia Dela Cruz RTC, Br. 63, Tarlac City, Nueva Ecija RTC, Br. 140, Makati City Atty. Angela Francesca M. Din Region IV RTC, Br. 36, Manila Atty. Mercedes G. Articona-Jimenez Atty. Joey V. Herrera RTC, Br. 91, Sta. Cruz, Laguna RTC, OCC, Malabon City Atty. Crisalyn Balita Lumanglas Atty. Ma. Criselda Dijan Ilagan-Yson RTC, Br. 39, Calapan City, Mindoro Oriental RTC, Br. 195, Parañaque City Atty. Gisela Cecilia Abregunda Mauhay-Valdez Atty. Markova I. Jacinto RTC, Br. 13, Lipa City, Batangas RTC, Br. 272, Marikina City Atty. Jon Dominic Panganiban Peñaranda Atty. Aissa Celine Hernandez Luna RTC, Br. 77, San Mateo, Rizal RTC, Br. 221, Quezon City Atty. Gerald Faderagao Rabena Atty. Melanie Macapagal Marte RTC, Br. 12, Lipa City, Batangas RTC, Br. 3, Manila Atty. Leopoldo Elizario Roxas, Jr. Atty. Kristine P. Monfort RTC, Br. 74, Antipolo City, Rizal RTC, Br. 47, Manila Region V Atty. Ronald Gozum Oñate Atty. Suzette Singson Dacillo RTC, Br. 80, Quezon City RTC, Br. 40, Daet, Camarines Norte Atty. Ronald Santiago Atty. Romel O. Reyes RTC, Br. 262, Pasig City RTC, Br. 37, Iriga City, Camarines Sur Atty. Charrie M. Santos RTC, Br. 116, Pasay City Region VII Atty. Doming L. Zorilla Atty. Marichu A. Agura RTC, Br. 85, Quezon City RTC, Br. 65, Talisay City, Cebu Atty. Michelle Ann Gacutno Region I RTC, OCC,Talisay City, Cebu Atty. Kathleen Ann Sabado Bromeo-Orduña Atty. Ayn Unto Sarsaba-Tiuseco RTC, OCC, Tayug, Pangasinan RTC, Br. 32, Dumaguete City, Negros Oriental 10 October–December 2015
Region VIII Region X Atty. Cleofe L. Abrenzosa Mr. Felipe G. Ensomo, Jr. RTC, Br. 43, Tacloban City, Leyte MTCC, Surigao City, Surigao del Norte Atty. Melissa D. Cloma Ms. Jasmin C. Torion RTC, OCC, Catarman, Northern Samar MTCC, Br. 2, Butuan City, Agusan del Norte Atty. Rosario Joy E. Flores-Nebrida RTC, Br. 20, Catarman, Northern Samar Municipal Trial Courts Region I Region IX Ms. Anita Ormita Laviste Atty. Margarita T. Palad-Bernante MTC, Bangar, La Union RTC, Br. 16, Zamboanga City, Zamboanga del Sur Region II Region X Ms. Rachelle Concepcion Camarauan Danguilan Atty. Helga Anne Treasure L. Ayuyang MTC, Peñablanca, Cagayan RTC, Br. 2, Tuguegarao City, Cagayan Ms. Brilla Maquera Fernandez Atty. Kinni Albert Ysalina Garrido MTC, Ballesteros, Cagayan RTC, Br. 2, Butuan City, Agusan del Norte Region III Region XI Ms. Grace Quejado Atty. Aileen Grace H. Burgos MTC, San Antonio, Zambales RTC, Br. 7, Baganga, Davao Oriental Atty. Ma. Jasmine P. Lood Region IV RTC, Br. 38, Alabel, Sarangani Ms. Josiephine T. Bondoc Atty. Michelle D. Roldan-Advincula MTC, Lian, Batangas RTC, Br. 20, Digos City, Davao del Sur Ms. Airylle N. Penafiel Atty. Mary Grace l. Ventura MTC, Mogpog, Marinduque RTC, Br. 25, Koronadal City, South Cotabato Ms. Rosenie A. Rabano MTC, Ibaan, Batangas Metropolitan Trial Courts Region VI National Capital Judicial Region Ms. Karla Mae Depeno Duenas Ms. Anna Liza Manuel MTC, Maayon, Capiz MeTC, Br. 43, Quezon City Region VIII Mr. Vladimir R. Matias Ms. Criselda Garan MeTC, Br. 68, Pasig City MTC, Hilongos, Leyte
Municipal Trial Courts in Cities Municipal Circuit Trial Courts
Region I Region I Ms. Maria Janice Perez Zamoranos Ms. Ma. Anniecelle Calagui Terrenal th MTCC, Br. 2, Dagupan City, Pangasinan 8 MCTC: Baay-Malibcong-Lacub-Tineg, Abra Ms. Myrna R. Munar Region III 3rd MCTC: Tubao-Pugo, La Union Ms. Helen de Jesus Pineda Ms. Jemil Ayson Viloria MTCC, Gapan City, Nueva Ecija 4th MCTC: Narvacan-Nagbukel-Santa, Ilocos Sur
Region VI Region IV Mr. Aldous I. Malicay Ms. Elena Mapili Arroza MTCC, Sagay City, Negros Occidental 3rd MCTC: Magsaysay-Rizal-Calintaan, Mindoro Occidental
Region VII Region VII Ms. Melinda Salinas Ms. Sophia Marapao Caballo th MTCC, Br. 6, Cebu City, Cebu 10 MCTC: Jagna-Garcia-Hernandez, Bohol Ms. Lysette B. Yuson Ms. Maria Imelda Centino Angcla th MTCC, Br. 4, Cebu City, Cebu 20 MCTC: Catigbian-San Isidro-Sagbayan-Bohol Volume XVII Issue No. 68 11
Region IX Ms. Rosalinda J. Malinis Ms. Vicenta Camumay Diliman RTC, Br. 36, Calamba, Misamis Occidental 6th MCTC: Labason-Gutalac-Kalawit, Zamboanga del Norte Ms. Flora C. Perez Ms. Jenieflor Dahilog Namocatcat RTC, Br. 43, Gingoog City, Misamis Oriental 2nd MCTC: New Piñan-Libertad, Zamboanga del Norte Municipal Trial Courts in Cities Mr. Donald T. Serion 8th MCTC: Dumalinao-San Pablo-Tigbao-Guipos Region VII Zamboanga del Sur Ms. Shayne Margret B. Alcalde Ms. Jeanella Jade Abtuh Veloso MTCC, Br. 6, Cebu City, Cebu 2nd MCTC: Patikul-Panamao-Marungas-Pangutaran-New Mr. Ryan V. Valle Panamoc, Sulu MTCC, Naga City, Cebu Region X Region XII Mr. Dante B. Echin Mr. Ronald M. Esmade 2nd MCTC: Sison-Taganaan, Surigao del Norte MTCC, OCC, Iligan City, Lanao del Norte
Shari’a Circuit Court II. Process Servers Region XII Regional Trial Courts Mr. Nasser Daroyodun Abolais Region VII 6th SHCC: Balingdong-Tugaya-Bacolod-Kalawi-Madalum Mr. Genard B. Villanueva Lanao del Sur RTC, Br. 65, Talisay City, Cebu Region VIII Seventh Orientation Seminar-Workshop for Ms. Virginia D. de Leon Newly Appointed Sheriffs and Process Servers RTC, OCC, Catarman, Northern Samar Date: October 6–8, 2015 Region IX Venue: Harolds Hotel, Cebu City Mr. Amir Z. Daung Participants: 32 newly appointed sheriffs and process RTC, Br. 13, Zamboanga City, Zamboanga del Sur servers, namely: Mr. Michael B. Reyes I. Sheriffs RTC, Br. 25, Siasi, Sulu Mr. Jogie C. Visitacion Regional Trial Courts RTC, Br. 20, Pagadian City, Zamboanga del Sur Region VI Region X Mr. Francis F. Reyes Mr. Shelvin B. Obedencio RTC, Br. 56, Himamaylan, Negros Occidental RTC, Br. 10, Malaybalay City, Bukidnon Region VII Municipal Trial Courts in Cities Mr. Napoleon G. Carmen RTC, Br. 20, Cebu City, Cebu Region VI Mr. Marner Necifort F. Enot Mr. Ronilo T. Morales, Jr. RTC, Br. 41, Dumaguete City, Negros Oriental MTCC, Br. 2, Bacolod City, Negros Occidental Mr. Pio Manuel Alfonso O. Roa Region VII RTC, Br. 65, Talisay City, Cebu Mr. Jose Mariano C. Macalolot Mr. Fernando P. Tagle MTCC, Br. 2, Tagbilaran City, Bohol RTC, OCC, Tagbilaran City, Bohol Region VIII Region IX Mr. Regie C. Saavedra Mr. Marcos N. Firmeza, Jr. MTCC, OCC, Tacloban City, Leyte RTC, Br. 6, Dipolog City, Zamboanga del Norte Mr. Rhodgie M. Villa Ms. Zamlan O. Oyag MTCC, Catbalogan City, Samar RTC, Br. 23, Molave, Zamboanga del Sur Municipal Circuit Trial Courts Region X Region VII Mr. Ruben John U. Cagas Mr. Austin Elliotte Y. Nini RTC, OCC, Ozamis City, Misamis Occidental 3rd MCTC: Daan Batayan-Medellin-San Remigio, Cebu 12 October–December 2015
Mr. Ireneo C. Omolon 15. Jeshiree D. Espinas-Dionisio 2nd MCTC: Tubigon-Clarin, Bohol 16. Giovanni Paul I. Gomez Mr. Solomon C. Torrejos 17. Ira Jordana Margrethe M. Gomez 10th MCTC: Jagna-Garcia-Hernandez, Bohol 18. Jenneth M. Gregorio 19. Lilibeth C. Lorena Region VIII 20. Rowena C. Magallanes Ms. Richelle Angela G. Uy 21. Abelardo P. Maglanque, Jr. st 1 MCTC: Sta. Margarita-Sto. Niño-Almagro-Tagapul-an 22. Maria Rhodora A. Malabag-Peralta Samar 23. Roderick E. Manzano Region IX 24. Charlene Clara G. Mendoza Mr. Ahmad Fauji T. Taup 25. Generick Humprey V. Morales 3rd MCTC: Tandubas-South Upian-Sapa-Sapa, Tawi-Tawi 26. Helen Grace A. Motril 27. Rosario S. Nicanor Region X 28. Jose Julius P. Obus Mr. Manny E. Amano 29. Gabriel Guy P. Olandesca 5th MCTC: Jasaan-Claveria, Misamis Oriental 30. Divina Lea A. Perdiguerra 31. Orlando P. Polinar Region XII 32. Zenaida R. Razon Mr. Muhammad Khadaffy M. Omar 33. Sonia Philipa M. Ricablanca-Pargas th 9 MCTC: Wao-Bumbaran, Lanao del Sur 34. Nida Q. Rodriguera Municipal Trial Court 35. Juliet S. Salaria 36. Richelle Lou B. Sanchez Region X 37. Marilet F. Santos-Layug Ms. Rexa F. Pacleb 38. Maria Fe M. Taal MTC, Mainit, Surigao del Norte 39. Maria Rosario S. Tam 40. Roselle P. Teh Shari’a Circuit Court 41. Jenny Vi C. Trinidad-Laygo Region XII 42. Renato John B. Vasquez, Jr. 1 Mr. Sahranie I. Indad 43. Hannah L. Baldas-Calitong 2 3rd SHCC : Baloi-Pantar-Ragat-Poona-Piagapo-Matunggao 44. Juliet S. Imperial 3 Lanao del Norte 45. Dominador A. Salanga 46. Fatima Lipp D. Panontongan4 47. Shy Anne T. Juan-Monera5 48. Arnold C. Moralejo6 Pre-Judicature Program 49. Paolo Dominique O. Quejano7 50. Joseph M. Inocencio8
th 36 Pre-Judicature Program Judicial Career Enhancement Program Date: October 20–30, 2015 (JCEP) Venue: Bayview Park Hotel, Manila Participants: 49 lawyers, namely: JCEP for First Level Court Judges 1. Joseph Philip T. Andres 2. Glenn Paul D. Armamento Seventh Judicial Region 3. Cherry May P. Avellano Date: November 4–6, 2015 4. Jenifer B. Bagay Venue: PHILJA Training Center, Tagaytay City 5. Rowena C. Balagtas Participants: 56 MTCC, MTC and MCTC judges 6. Cleveland Z. Buela 7. Isagani G. Calderon 8. Lina S. Candoleta 1 Absent on October 20–21 2 Absent on October 20–21 9. Cynara Hannah L. Cayton 3 10. Joy Marie Frances C. Cortes Absent on October 20–22 4 Attended on October 20 (Morning session only) 11. Fabinda K. Delos Santos 5 Absent on October 24 12. Danilo N. Dividina 6 Absent on October 24 (Morning session) 13. Efren Vincent M. Dizon 7 Absent on October 24 (Morning session) 14. Norguel Yazer M. Eleazar 8 Sit-in participant; has completed the 34th PJP Volume XVII Issue No. 68 13
Eighth Judicial Region Batch 2 Date: November 25–27, 2015 Date: October 15–16, 2015 Venue: PHILJA Training Center, Tagaytay City Venue: PHILJA Training Center, Tagaytay City Participants: 53 MTCC, MTC and MCTC judges Participants: 115 court attorneys Batch 3 Date: October 22–23, 2015 Career Enhancement Program Venue: PHILJA Training Center, Tagaytay City Participants: 139 court attorneys
Continuing Legal Education Program for Court Attorneys Career Enhancement Program for RTC Clerks of Court of the Court of Appeals Region III Batch 1 Date: September 30–October 2, 2015 Date: November 9–10, 2015 Venue: PHILJA Training Center, Tagaytay City Venue: PHILJA Training Center, Tagaytay City Participants: 53 RTC clerks of court Participants: 86 court attorneys Batch 2 Career Enhancement Program for Lawyers-Clerks of Date: November 12–13, 2015 Court Venue: PHILJA Training Center, Tagaytay City NCJR (Batch 1: Manila, Pasay and Caloocan) Participants: 106 court attorneys Date: October 28–30, 2015 Venue: PHILJA Training Center, Tagaytay City Participants: 73 RTC and MeTC lawyers-clerks of court Special Focus Program Career Enhancement Program for RTC Sheriffs
NCJR (Batch 3) Basic Judicial Training on Cybercrime for Judges Date: November 24–26, 2015 Venue: PHILJA Training Center, Tagaytay City Date: October 20–22, 2015 Participants: 41 RTC sheriffs Venue: Crown Regency Hotel, Cebu City Participants: 26 judges and representatives from PHILJA Career Enhancement Program for Court Social Workers and DOJ Regions IX to XII Validation/Vetting Session on the Final Draft of the Date: December 2–4, 2015 Helpbook on Combating Human Trafficking in the Venue: Water Insular Hotel, Davao City Philippines Participants: 27 RTC court social workers Date: October 20–22, 2015 Venue: Diamond Hotel, Roxas Boulevard, Manila Participants: 18 PHILJA officials and documenters/staff, OPDAT representative, Helpbook writers, contributors, and Continuing Legal Education Program Family Court judges Field Guide Information Drive on the Philippine Judicial Academy and the Special Course on International Continuing Legal Education Program for Court Attorneys Criminal Law and Security of the Supreme Court Department of Justice Batch 1 Date: October 26, 2015 Date: October 12–13, 2015 Venue: Court of Appeals, Manila Venue: PHILJA Training Center, Tagaytay City Participants: 29 prosecutors, and representatives from the Participants: 58 court attorneys Court of Appeals and Sandiganbayan 14 October–December 2015
House of Representatives Seminar-Workshop on Dangerous Drugs Law for Judges, Date: November 9, 2015 Prosecutors, and Law Enforcers of the 10th Judicial Region Venue: House of Representatives, Batasan Complex Date: December 8–10, 2015 Quezon City Venue: Limketkai Luxe Hotel, Cagayan de Oro City Participants: 23 House of Representatives lawyers and Participants: 73 judges, prosecutors, law enforcers and personnel representative from the Department of Health, and 1 Office of the Solicitor General observer from the Office of the City Prosecutor–Cagayan de Date: November 12, 2015 Oro Venue: Office of the Solicitor General, Makati City Participants: 39 OSG lawyers and personnel Capacity Building on Environmental Laws and the Rules of Procedure for Environmental Cases for Selected Judges and Branch Clerks of Court of Regions I and II Good Practices for the Judiciary in Adjudicating Date: Terrorism Offenses (Southeast Asia Regional Meeting) December 9–11, 2015 Venue: PHILJA Training Center, Tagaytay City Date: November 3–5, 2015 Participants: 42 RTC, MTCC, MTC and MCTC judges and Venue: Intercontinental Hotel Manila, Makati City clerks of court Participants: 29 Kingdom of Cambodia judges and professor, Republic of Indonesia and Federation of Malaysia judges, Republic of the Philippines court administrator and judges, Discussion Session United States of America judges and representative, Supreme Court and PHILJA officials, lawyers and staff and representatives from the Global Center on Cooperative PHILJA Curriculum Review: Focus Group Discussion (FGD) Security Academe and Civil Society Date: November 25, 2015 Seminar-Workshop on Strengthening Judicial Integrity Venue: San Beda College, Mendiola, Manila and Rule of Law for Selected Judges of Regions IV and V Participants: 17 resource persons from the academe and civil Date: November 12–13, 2015 society Venue: The Avenue Plaza Hotel, Naga City Participants: 24 RTC judges Roundtable Discussion Seventh Seminar-Workshop on Deposit Insurance, Banking Practices and Bank Conservatorship, Receivership and Liquidation Roundtable Discussion for Justices and Date: November 25–26, 2015 Selected Court Attorneys of Court of Appeals on Venue: Hotel Elizabeth, Cebu City Financial Crimes and Money Laudering Participants: 47 RTC judges and 7 observers from the Philippine Deposit Insurance Corporation Court of Appeals–Cebu Station Date: October 7–8, 2015 Competency Enhancement Training for Judges, Venue: BE Resorts Mactan, Cebu Prosecutors, Social Workers and Law Enforcement Participants: 30 justices, division clerks of court and selected Investigators Handling Trafficking in Persons Cases court attorneys
Date: December 2–4, 2015 Court of Appeals–Cagayan de Oro Station Venue: Quest Hotel and Conference Center, Cebu City Date: December 2–3, 2015 Participants: 52 RTC judges, prosecutors, social workers and Venue: Limketkai Luxe Hotel, Cagayan de Oro City law enforcers Participants: 32 justices and selected court attorneys
Seminar on Election Laws for Supreme Court Lawyers Roundtable Discussion on Issues and Concerns Relating to Intellectual Property Rights and Enforcement Date: December 4, 2015 Date: October 27–28, 2015 Venue: PHILJA Training Center, Tagaytay City Venue: New World Hotel, Makati City Participants: 46 lawyers Participants: 23 RTC judges of NCJR Volume XVII Issue No. 68 15
Orientation of Clerks of Court and Branch Clerks of Court Special Lecture on Judicial Dispute Resolution Date: November 25, 2015 Venue: 12th Metrobank Foundation Professorial Chair Lecture Microtel by Wyndham, Cabanatuan City, Nueva Ecija Participants: 59 RTC, MTCC, MTC and MCTC clerks of court featuring “Til Debt Do Us Part: Revisiting the Rule of Law and branch clerks of court in Sovereign Debt Crisis” by Dean Sedfrey M. Candelaria Date: October 28, 2015 Orientation of Public Prosecutors, Public Attorneys, and Venue: Metrobank Plaza, Makati City Law Practitioners on Judicial Dispute Resolution Participants: 128 Members of the Judiciary, PHILJA Corps of Date: November 25, 2015 Professors, and the Bar, court attorneys, students, officials Venue: Microtel by Wyndham, Cabanatuan City, Nueva Ecija and other guests Participants: 51 prosecutors, public attorneys and IBP lawyers
Convention-Seminar Pre-Internship Orientation and Meeting with Judges, Clerks of Court, Branch Clerks of Court, Mediation Trainees and PMCU Staff Philippine Judges Association Annual Convention North Cotabato Mediation Program Theme: “PJA: Unity in Diversity” Date: October 1, 2015 Date: October 14–16, 2015 Venue: JC Leisure and Business Place, Kidapawan City Venue: Manila Mariott Hotel, Newport City Complex North Cotabato Pasay City Participants: 56 judges, clerks of court, mediation trainees Participants: 523 judges and PMCU staff
22nd National Convention Seminar of the Philippine Trial Sultan Kudarat Mediation Program Judges League, Inc. Date: October 2, 2015 Venue: Felra Suites Hotel, Tacurong City, Sultan Kudarat Theme: “Celebrating PTJLI’s Role in Attaining Peace, Security, Participants: 30 judges, clerks of court, mediation trainees and Stability” and PMCU staff Date: October 22–24, 2015
Venue: Villa Caceres Hotel, Naga City Participants: 259 judges Refresher/Advanced Course for Court-Annexed Mediators 12th National Convention and Seminar of the Regional Trial Court–Clerks of Court Association of the Philippines Davao Mediation Program Date: November 9–10, 2015 Theme: “E-Administration of Justice: Clerks of Court Venue: The Royal Mandaya Hotel, Davao City Adapting thru the Changing Times” Participants: 24 mediators Date: November 4–6, 2015 Venue: City of Dreams, Parañaque City SOCCSKSARGEN Mediation Program Participants: 234 clerks of court Date: November 12–13, 2015 Venue: Hotel San Marco, General Santos City Participants: 19 mediators Alternative Dispute Resolution Program Samar and Leyte Mediation Programs Date: December 2–3, 2015 Faculty Workshop and Judicial Settlement Conference for Venue: XYZ Hotel, Tacloban City Judges on Judicial Dispute Resolution Participants: 20 mediators (Skills-based Course) Metro Manila Mediation Program Date: October 6–9, 2015 Date: December 10–11, 2015 Venue: PHILJA Training Center, Tagaytay City Venue: Bayview Park Hotel, Manila Participants: 67 RTC, MTCC, MTC and MCTC judges Participants: 39 mediators 16 October–December 2015
Retired Family Court Judge Rosalina L. Pison seated,( 10th from left) and Retired Judge Thelma A. Ponferrada seated,( 11th from left), PHILJA Professor I, with the participants of the Judicial Career Enhancement Program (JCEP) for the Eighth Judicial Region held on November 25–27, 2015 at the PHILJA Training Center, Tagaytay City.
Retired Court of Appeals Justice Oswaldo D. Agcaoiliseated ( front row, 3rd from left), PHILJA Professor II, with the participants of the Capacity Building on Environmental Laws and the Rules of Procedure for Environmental Cases for Selected Judges and Branch Clerks of Court of Regions I and II held on December 9–11, 2015 at the PHILJA Training Center, Tagaytay City.
Judge Jose Lorenzo R. dela Rosa, RTC Br. 4, Manila, (seated 2nd row, center) the lecturer on Provisional Remedies and Special Civil Actions. joins the participants of the Career Enhancement Program for RTC Sheriffs NCJR (Batch 3) held on November 24–26, 2015 at the PHILJA Training Center, Tagaytay City. Volume XVII Issue No. 68 17
Atty. Joseph S. Vega, Acting Election Officer, Antipolo City, discusses theJurisdiction and Powers of the Commission on Elections and Electoral Tribunals during the Seminar on Election Laws for Supreme Court Lawyers held on December 4, 2015 at the PHILJA Training Center, Tagaytay City.
Court of Appeals Associate Justice Apolinario D. Bruselas, Jr. addresses a question from a participant during his lecture Codeon of Conduct for Court Personnel on the occassion of the Continuing Legal Education Program for Court Attorneys of the Court of Appeals (Batch 1) held on November 9–10, 2015 at the PHILJA Training Center, Tagaytay City.
Court Administrator Jose Midas P. Marquez with the officials and members of theRegional Trial Court–Clerks of Court Association of the Philippines (RTC-COCAP) during their 12th National Convention and Seminar held on November 4–6, 2015 at the City of Dreams, Parañaque City. 18 October–December 2015
Hon. GERALDINE C. FIEL-MACARAIG Hon. GABRIEL T. ROBENIOL Associate Justice, Court of Appeals Associate Justice, Court of Appeals Appointed on November 6, 2015 Appointed on November 6, 2015
Justice Geraldine C. Fiel-Macaraig Justice Gabriel T. Robeniol, prior obtained her Bachelor of Science to his appointment as Court of in Business Administration and Appeals Associate Justice on Bachelor of Laws degrees from November 6, 2015, was Head the University of the Philippines of the Litigation and Intellectual in Diliman, Quezon City, in 1983 Property Rights Department and 1987, respectively. of the Feria Tantoco Robeniol In November 1987, she Law Offices. He has 27 years of started her career in the extensive private law practice government as Legislative Staff starting as an Associate of Officer VI at the Reference and the said Firm in 1987, then as Research Bureau of the House of Representatives. In 1989, she Partner in 1996, and later on as transferred to the Office of the Solicitor General (OSG) and for Name Partner in 2008. He had a brief stint with the Office of 12 years handled cases for the government, its agencies and the Solicitor General working as an Associate Solicitor from instrumentalities before the trial courts, the appellate court 1987 to 1991. and the Supreme Court. She was the president of the OSG His practice in litigation covered civil, criminal, labor, Ladies’ Circle in 1994 to 1995. maritime, insurance, tax and corporate cases before various She was appointed presiding judge of the Regional Trial courts and administrative agencies such as the Supreme Court, Branch 192, Marikina City in August 2001. In December Court, Court of Appeals, Sandiganbayan, Court of Tax 2009, her sala was designated as one of the two Family Courts Appeals, Regional Trial Courts, Metropolitan/Municipal Trial in Marikina City. Justice Fiel-Macaraig concurrently served as Courts, Office of the Ombudsman, National Labor Relations the Executive Judge of her station for two terms (2007–2011), Commission, Securities and Exchange Commission, Insurance and then for another term in March 2014 until her promotion Commission, Department of Justice, Bureau of Immigration, as Associate Justice of the Court of Appeals in November Housing and Land Use Regulatory Board, Intellectual Property 2015. Office, and the Construction Industry Arbitration Commission. Aside from her judicial work, Justice Fiel-Macaraig Justice Robeniol is a Bar Reviewer and Professor of serves as trainer in the Competency Enhancement Training the Faculty of Civil Law of the University of Santo Tomas (CET) Seminar-Workshops for judges and court personnel where he currently teaches Alternative Dispute Resolution handling cases involving children, CET-Trafficking in Persons, and Intellectual Property Law. Since 1988, he has also and Gender Sensitivity Training, under the auspices of the taught Property Law, Labor Law, Administrative Law, Philippine Judicial Academy. She is also a member of the Public Corporations, International Law, Constitutional Law, Technical Working Group of the Supreme Court’s Committee Political Law, and Torts and Damages. He is a lecturer for on Family Courts. She was a member of the Subcommittee the Mandatory Continuing Legal Education Program for the of the Society for Judicial Excellence in the Search for subject Alternative Dispute Resolution. Outstanding Clerks of Court in 2013 and 2015. Justice Robeniol obtained his Bachelor of Arts major in In recognition of her exemplary service as a member Economics degree from the University of Santo Tomas in of the judiciary, the Society for Judicial Excellence awarded 1982. He graduated magna cum laude from the Faculty of Justice Fiel-Macaraig theChief Justice Jose Abad Santos Award Civil Law from the same University in 1986 and passed the Bar as Outstanding Regional Trial Court Judge in the Philippines in Examinations given on the same year. 2012. (Continued on page 26) (Continued on page 26) Volume XVII Issue No. 68 19
Hon. PERPETUA ATAL-PAÑO Hon. RUBEN REYNALDO G. ROXAS Associate Justice, Court of Appeals Associate Justice, Court of Appeals Appointed on November 6, 2015 Appointed on November 6, 2015
Justice Perpetua Atal-Paño was Justice Ruben Reynaldo G. Roxas appointed Associate Justice obtained his Bachelor of Arts of the Court of Appeals on major in Political Science degree November 6, 2015, after serving at the Saint Louis University, for almost 15 years as judge Baguio City, and his law in Makati City (10 years in the degree from San Beda College, Regional Trial Court and five Mendiola, Manila, in 1982 and years in the Metropolitan Trial 1986, respectively. Court). After passing the 1986 Bar She has devoted 30 years Examinations, Justice Roxas first of her life to public service joined the Judiciary on June 30, occupying various positions in the government. She started as 1987 as Legal Research Attorney of Branch 162 of the Pasig Appellate Court Confidential Assistant of Justice Jose Racela City Regional Trial Court. On October 5, 1987, he joined the in the Court of Appeals, then as Appellate Court Supervising Office of the Solicitor General as Associate Solicitor until he Staff in the same Court. Hence, her promotion as magistrate left government service on May 20, 1991 to join the private of the Court of Appeals is a dream come true and a grace- sector. He was employed as Legal Counsel and Assistant filled comeback. She also served as Court Attorney in the Corporate Secretary of Coca-Cola Bottlers Philippines, Inc., Supreme Court, and then joined the Department of Justice, until January 31, 2002. After a year-long stint as Partner in the first as State Counsel and subsequently as State Prosecutor. defunct law office of Roxas Eleazar Luis Roxas and Associates, Justice Atal-Paño was a recipient of the Commitment to he was appointed on January 15, 2003 as Presiding Judge of Justice Award in 2005, given by the Rotary Club of Manila, the Metropolitan Trial Court of Manila, Branch 28. for disposing the highest number of cases in the National Prior to his appointment as Associate Justice of the Capital Judicial Region when she was a Metropolitan Trial Court of Appeals on November 6, 2015, Justice Roxas was Court Judge. A woman of strong faith and moral conviction, the Presiding Judge of RTC Manila, Branch 12 since January St. Paul University of Tuguegarao, her alma mater, recognized 13, 2006. He was designated Acting Presiding Judge of RTC her as Outstanding Paulinian Achiever (Centennial Awardee) Manila, Branch 52 from July 25, 2011 to June 10, 2015. In for a personal life anchored on Paulinian values of strong faith addition to his regular duties, he was designated Second Vice in God, firm moral conviction and integrity, as well as good Executive Judge of RTC Manila on November 7, 2014. community and human relations. Justice Roxas was chosen Outstanding RTC Judge of Manila Justice Atal-Paño is also an Instructor at the San Beda in 2013. He also received a Special Citation for Government College of Law, where she obtained her law degree, and at the Service by the San Beda College of Law Alumni Association University of Perpetual Help College of Law in Las Piñas. She in 2014. He was a Facilitator in Judicial Dispute Resolution teaches Criminal Procedure, Legal and Judicial Ethics, Agrarian seminars conducted by the Philippine Judicial Academy. He Reform Law and Social Legislation, and Environmental Law also served as Director for Manila of the Philippine Judges and Natural Resources. Association for two consecutive terms. Justice Atal-Paño is the eldest of seven children of the Justice Roxas is married to Atty. Silvina Q. Mamaril-Roxas late Atty. Pablo Atal and Artemia Talay-Atal. She is married and they are blessed with three daughters namely: Rosanne
(Continued on page 26) Veronica, Rissa Vida, and Rachel Vivien.
Atty. RENELIE B. MAYUGA Atty. FELIPA B. ANAMA Judicial Reform Program Administrator Clerk of Court Program Management Office Supreme Court Supreme Court Appointed on October 15, 2015 Appointed on October 15, 2015 20 October–December 2015
and a total amount of P7,965.58 was deducted for the Pag-IBIG contributions of all the hospital and rural health employees. The deductions, however, were comingled with the funds of RMDH. The prosecution could not even argue and prove that the petitioners pocketed or misappropriated the deductions. Bar Matter Notwithstanding the fact that the penal provisions of PD No. 1752, as amended, were reenacted and even expanded in RA No. 9679, the petitioners cannot be held liable whether Failure of a lawyer to indicate in his pleading the number under PD No. 1752 or under RA No. 9679 as their act of non- and date of issue of his MCLE Certificate of Compliance remittance was justified by a lawful cause—the devolution. will not cause the dismissal of the case but would subject In view of the foregoing circumstances, the Court finds him to appropriate penalty and disciplinary action. that the guilt of the petitioners was not proven beyond reasonable doubt. Doubtless, there was noncompliance with To avoid inordinate delays in the disposition of cases brought the provisions on remittances in PD No. 1752, as amended, about by a counsel’s failure to indicate in his or her pleadings but considering that there was a doubt engendered by the the number and date of issue of his or her MCLE Certificate of devolution, the Court resolves it in favor of the petitioners. Compliance, this Court issued an En Banc Resolution, dated January 14, 2014 which amended B.M. No. 1922 by repealing Mendoza, J., Editha B. Saguin and Lani D. Grado v. People of the the phrase “Failure to disclose the required information would Philippines, G.R. No. 210603, November 25, 2015. cause the dismissal of the case and the expunction of the pleadings from the records” and replacing it with “Failure to disclose the required information would subject the counsel to appropriate penalty and disciplinary action.” Thus, under the amendatory Resolution, the failure of a lawyer to indicate in his or her pleadings the number and date of issue of his or her MCLE Certificate of Compliance will no longer result in the Labor Law dismissal of the case and expunction of the pleadings from the records. Nonetheless, such failure will subject the lawyer to the prescribed fine and/or disciplinary action. Permanent and Total Disability. Hence, as it stands, the current rule provides: (1) that mere Peralta, J., People of the Philippines, represented by the Office of the inability to work for a period of 120 days does not entitle a City Prosecutor, Department of Justice, Roxas City v. Jesus A. Arrojado, G.R. No. 207041, November 9, 2015. seafarer to permanent and total disability benefits; (2) that the determination of the fitness of a seafarer for sea duty is within the province of the company-designated physician, Criminal Law subject to the periods prescribed by law; (3) that the company- designated physician has an initial 120 days to determine the fitness or disability of the seafarer; and (4) that the period of Malum Prohibitum, Section 23 of PD No. 1752, as amended, treatment may only be extended to 240 days if a sufficient punishes the failure to make remittance only when such justification exists such as when further medical treatment failure is without lawful cause or with fraudulent intent. is required or when the seafarer is uncooperative. It is a general principle in law that in malum prohibitum case, x x x x good faith or motive is not a defense because the law punishes The manifest non-compliance of Osias with the prescribed the prohibited act itself. The penal clause of Section 23 of therapy by the company-designated physician demonstrates PD No. 1752, as amended, however, punishes the failure to that he was uncooperative with the treatment. Osias utterly make remittance only when such failure is without lawful disregarded the limited amount of time the company- cause or with fraudulent intent. [Emphasis Supplied] designated physician had to finalize his medical assessment As earlier stated, evidence for fraudulent intent was by ignoring the scheduled therapy sessions. The LA correctly wanting in this case. In March 1993, the payroll was prepared ruled that, by going to La Union, Osias capriciously and showing all the amounts deductible from the salaries of wittingly dispensed with the treatment of the company- the employees including Medicare, loan repayment, designated physician. Likewise, the NLRC observed that it withholding taxes, retirement insurance premium, and Pag- would be unfair to award disability benefits to Osias due to IBIG contributions. In the said payroll, a total amount of the lapse of 120-day period because the extended period of P15,818.81 was deducted for the Pag-IBIG loan repayments the treatment was attributable to him. Volume XVII Issue No. 68 21
Thus, the Court agrees that the period for medical the issuance of a new owner’s duplicate copy of a title which treatment and assessment was properly extended to 240 was no longer in existence. days. It was duly established that Dr. Arago issued his final J v. medical report and his certification that Osias was fit to work Mendoza, ., Flor Gilbuena Rivera Hon. Leandro C. Catalo, Presiding Judge, Regional Trial Court, Branch 256, Muntinlupa City, A.M. No. RTJ- on July 14, 2010, or after 147 days from the date of medical 15-2422 [Formerly OCA I.P.I. No. 13-4129-RTJ], July 20, 2015. repatriation, which is well within the properly extended period of 240 days. Demurrer to evidence. Mendoza, J., Marlow Navigation Philippines Inc., Marlow Navigation Co. Ltd./Cyprus, Ligaya C. Dela Cruz and Antonio Galvez, Jr. v. Braulio A. A demurrer to evidence is an objection by one of the parties in Osias, G.R. No. 215471, November 23, 2015. an action to the effect that the evidence which his adversary produced is insufficient in point of law to make out a case or sustain the issue. The party filing the demurrer challenges the sufficiency of the prosecution’s evidence. The Court’s task is to ascertain if there is competent or sufficient evidence to establish a prima facie case to sustain the indictment or support a verdict of guilt. Remedial Law In criminal cases, the grant of a demurrer amounts to an acquittal, and the dismissal order may not be appealed as this would place the accused in double jeopardy. Although the Remedies against a void judgment. dismissal order is not subject to appeal, it may be reviewed Indeed, under the doctrine of finality of judgment or through certiorari under Rule 65. immutability of judgment, a decision that has acquired finality Brion, J., People of the Philippines v. Sandiganbayan (2nd Division), becomes immutable and unalterable, and may no longer Quintin Saludaga y Bordeos, Arthus Adriatico y Eruda and Romeo De be modified in any respect. Like any other rule, however, Luna, G.R. No. 197953, August 5, 2015. there are recognized exceptions to this general rule such as (1) the correction of clerical errors, the so-called nunc pro tunc entries which cause no prejudice to any party, (2) void Action for unlawful detainer is summary in nature. judgments, and (3) whenever circumstances transpire after An action for unlawful detainer is summary in nature and the finality of the decision rendering its execution unjust cannot be delayed by a mere assertion of ownership as a and inequitable. defense. When the parties to an ejectment case raise the Under the second exception, a void judgment for want issue of ownership, the court may pass upon that issue only of jurisdiction is no judgment at all. It neither is a source of if needed to determine who between the parties has a better any right nor the creator of any obligation. All acts performed right to possess the property. Furthermore, the adjudication pursuant to it and all claims emanating from it have no legal on the issue of ownership is only provisional, and subject to a effect. Hence, it can never become final and any writ of separate proceeding that the parties may initiate to settle the execution based on it is void. It may be said to be a lawless issue of ownership. thing which can be treated as an outlaw and slain at sight, or A person who possesses a title issued under the Torrens ignored wherever and whenever it exhibits its head. system is entitled to all the attributes of ownership including x x x x possession. A certificate of title cannot be subject toa In this case, the Court is of the considered view that Judge collateral attack in an action for unlawful detainer. A collateral Catalo correctly recalled the judgment because the second attack is made when, in an action to obtain a different relief, and third exceptions on the doctrine of finality of judgments the validity of a certificate of title is questioned. were squarely applicable. After the finality of the RTC decision In the present case, the respondents alleged in their on July 3, 2012, it was discovered that TCT No. 3460 had been answer that the certificate of title issued in the name of cancelled as early as April 2, 1924. Complainant, when later Teresa was fraudulently obtained. This defense constitutes asked to present his stand, failed to contradict the allegation a collateral attack on the title and should not therefore be that he falsified his affidavit of loss. Clearly, these subsequent entertained. To directly assail the validity of TCT No. (N.A.) events raised a red flag and placed the Respondent Judge on RT-1925, a direct action for reconveyance must be filed. his toes. Judge Catalo realized an execution of such judgment would definitely be unjust and inequitable as it would be Brion, J., Teresa D. Tuazon v. Spouses Angel and Marcosa Isagon, G.R. sanctioning fraud and irregularity. It would judicially permit No. 191432, September 2, 2015. 22 October–December 2015
crime punishable by reclusion perpetua, then even prior to the enactment of RA No. 9346, persons sentenced by final judgment to reclusion perpetua could not have availed of parole under the Indeterminate Sentence Law.1 Since the distinction between reclusion perpetua and A.M. No. 15-08-02-SC reclusion perpetua without eligibility for parole is more apparent than real, then there is no more need to append the phrase “without eligibility for parole” to qualify the penalty of GUIDELINES FOR THE PROPER USE OF THE PHRASE “WITHOUT reclusion perpetua. ELIGIBILITY FOR PAROLE” IN INDIVISIBLE PENALTIES If at all, the qualification of “without eligibility for parole” This matter relates to the proper use of the phrase “without may be applied to qualify reclusion perpetua in order to eligibility for parole” in indivisible penalties. emphasize that the appellant should have been sentenced to I. suffer the death penalty had it not been for RA No. 9346. Republic Act (RA) No. 9346, enacted on June 24, 2006, In cases where the death penalty is not warranted, prohibited the imposition of the death penalty. As a the phrase “without eligibility for parole” does not need to consequence, the Court may no longer affirm the death describe and be affixed toreclusion perpetua; it is understood sentences imposed by the courts a quo or itself impose the that convicted persons penalized with an indivisible penalty death penalty. Sections 2 and 3 of this law provide: are not eligible for parole. Sec. 2 – In lieu of the death penalty, the following shall This usage will provide uniformity to the Court’s be imposed: promulgated decisions and resolutions and thus prevent (a) the penalty of reclusion perpetua, when the law confusion. violated makes use of the nomenclature of the II. penalties of the Revised Penal Code; or In these lights, the following guidelines shall be observed (b) the penalty of life imprisonment, when the law in the imposition of penalties and in the use of the phrase violated does not make use of the nomenclature of “without eligibility for parole”: the penalties of the Revised Penal Code. (1) In cases where the death penalty is not warranted, Sec. 3 – Persons convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced there is no need to use the phrase “without eligibility to reclusion perpetua, by reason of this Act, shall not be for parole” to qualify the penalty of reclusion eligible for parole under Act No. 4103, otherwise known perpetua; it is understood that convicted persons as the Indeterminate Sentence Law, as amended. penalized with an indivisible penalty are not eligible for parole; and Section 2 of the Indeterminate Sentence Law (Act No. 4103 as amended by Act No. 4225) states that the Act shall (2) When circumstances are present warranting the not apply to, among others, persons convicted of offenses imposition of the death penalty, but this penalty is not punishable with the death penalty or life imprisonment. imposed because of RA No. 9346, the qualification of Notably, there was no reference to persons convicted “without eligibility for parole” shall be used to qualify of offense punishable with reclusion perpetua. However, reclusion perpetua in order to emphasize that the the Court, in several cases, has considered the penalty of accused should have been sentenced to suffer the reclusion perpetua to be synonymous to life imprisonment for death penalty had it not been for RA No. 9346. purposes of the Indeterminate Sentence Law, and has ruled This Resolution shall take effect immediately. that this law does not apply to persons convicted of offenses Manila, August 4, 2015. punishable with reclusion perpetua. Parole is extended only to those convicted of divisible (Sgd.) SERENO (on leave), CJ, CARPIO, Acting Chief Justice, penalties. Reclusion perpetua is an indivisible penalty and VELASCO, Jr., LEONARDO-DE CASTRO, BRION, PERALTA, carries no minimum nor maximum period. Section 5 of the BERSAMIN, DEL CASTILLO, VILLARAMA, Jr., PEREZ, MENDOZA, Indeterminate Sentence Law provides that it is after “any REYES (on leave), PERLAS-BERNABE, LEONEN, JARDELEZA, JJ. prisoner shall have served the minimum penalty imposed on him” that the Board of Indeterminate Sentence may consider whether such prisoner may be granted parole. With 1 See concurring Opinion of Justice Tinga inPeople v. Tubongbauna, no “minimum penalty” imposable on those convicted of a 532 Phil, 434, (2006) Volume XVII Issue No. 68 23
b) Interests on deposits of the JDF; and A.M. No. 15-11-12-SC c) Other sources as determined by the Supreme Court such as, but not limited, to the following: 1. Sales of unserviceable equipment and REVISED IMPLEMENTING GUIDELINES FOR THE pieces of furniture (such as vehicles, ADMINISTRATION AND ALLOCATION OF THE JUDICIARY computers, typewriters, chairs, tables, DEVELOPMENT FUND (JDF) etc.), the acquisition cost of which was charged against the 20 percent JDF, to be WHEREAS, Section 1, Article II of the 1987 Constitution returned to the 20 percent JDF; declares that the Philippines is a democratic and republican 2. The balance of fees collected from bar State; candidates after deducting bar-related WHEREAS, the Judiciary, as a separate branch of government, expenses; enjoys judicial independence; 3. Fees now authorized to be paid or collected WHEREAS, the 1987 Constitution guarantees the fiscal by sheriffs, such as sheriffs commission. autonomy of the Judiciary under Section 3, Article VIII, to wit: Sec. 3. Authorized Depository Bank for the JDF. – Unless The Judiciary shall enjoy fiscal autonomy. Appropriations otherwise directed by the Chief Justice or the Supreme Court, for the Judiciary may not be reduced by the legislature all the amounts accruing to the JDF shall be deposited in a below the amount appropriated for the previous year savings account with the Land Bank of the Philippines. and, after approval, shall be automatically and regularly Sec. 4. Allocation of the JDF. – The JDF shall be allocated as released. follows: WHEREAS, to sustain the upkeep of office equipment and a) At least 80 percent of the JDF shall be used for cost facilities of the Judiciary, there is a need to properly recognize of living allowances of the members and personnel that the “not more than 20 percent portion of the Judiciary of the Judiciary and shall be distributed in inverse Development Fund (20% JDF) is a supplement, rather than the proportion to their basic salaries: higher allowances main source of funding for these requisite expenditures; being granted to those with lower salaries and lower WHEREAS, since its inception, various policies, procedures allowances granted to those receiving higher salaries; and guidelines have been issued in relation to the and administration and allocation of the JDF which now need to b) Not more than 20 percent of the JDF shall be used be updated, consolidated and strengthened to make current to finance the acquisition, maintenance and repair of in order to ensure consistency in policies and efficiency in office equipment and facilities of the courts located procedures; (in locations) where the fees are collected. WHEREAS, to further ensure the efficient administration, The allocation of the 20 percent JDF for the Supreme allocation and utilization of the JDF as supplemental funding Court, the Court of Appeals including its stations in the Cities to the annual General Appropriations Act (GAA), the Court of Cebu and Cagayan de Oro, the Sandiganbayan and the hereby adopts the following revised implementing guidelines; Court of Tax Appeals shall be based on their respective JDF collections. NOW, THEREFORE, premises considered, the Court hereby adopts the following REVISED IMPLEMENTING GUIDELINES For the Lower Courts, the allocation of the 20 percent JDF FOR THE ADMINISTRATION AND ALLOCATION OF THE shall be based on the collections by judicial regions, unless JUDICIARY DEVELOPMENT FUND (JDF): otherwise directed by the Chief Justice or the Supreme Court. Section 1. Purpose of the JDF. – The JDF is established for the The Chief Justice, in exercising the sole exclusive benefit of the members and personnel of the Judiciary to help power and duty to approve and authorize disbursements ensure and guarantee the independence of the Judiciary as and expenditures of the 20 percent JDF, may allow the mandated by the Constitution and public policy and required disbursement and expenditure of amounts exceeding the by the impartial administration of justice. allocation of a particular court or judicial region, if and when it is deemed necessary as the exigencies of the service may Sec. 2. Sources of the JDF. – The JDF shall be derived from the require. following: Sec. 5. Utilization of the 80 percent JDF. – The release and a) Increases in legal fees prescribed in the amendments distribution of the 80 percent JDF shall be covered by separate to Rule 141 of the Rules of Court as promulgated memorandum orders issued by the Chief Justice authorizing by the Supreme Court of the Philippines, subject to the release of the additional cost of living allowance under Section 3 of Republic Act No. 9227; the JDF. 24 October–December 2015
Resolutions A.M. No. 15-11-12-SC (continued) Clerk of Court En Banc for the Supreme Court, the respective Presiding Justices for the Court of Appeals, the Sandiganbayan, The disbursement of the 80 percent JDF collection and the Court of Tax Appeals, or the respective Executive deposited in the JDF shall not, in any way, be reduced by reason Judges for the lower courts through the Court Administrator, of its use for office equipment or facilities, and shall continue when appropriate, for approval of the Chief Justice. to be periodically released, as soon as the periodic reports of collections and deposits and the actual bank balance are B. The procedures for the utilization of the 20 percent JDF available; Provided, that it shall be the responsibility of the shall be as follows: finance offices of the courts to ensure that timely reporting, 1. Before approval by the Chief Justice of any recording and reconciliations are made for the JDF. disbursement against the 20 percent JDF, a certificate of availability of funds (CAF) shall be issued by the Sec. 6. Utilization of the 20 percent JDF. – In the utilization Fiscal Management and Budget Office (FMBO) against and disbursement of the 20 percent JDF, the following shall the corresponding collections of the concerned court be observed: or judicial region deposited in the JDF; A. The items of expenditures that may be charged to the 20 2. After the issuance of the CAF and the approval by percent JDF include the following: the Chief Justice of an expenditure on the basis of 1. Court equipment, such as but not limited to: that particular CAF, the amount shall be considered earmarked and not available for any other a. Computers, printers, media storage devices, expenditure, until the purpose of the expenditure fax machines, typewriters, photocopiers, so approved has been completed, duly cancelled telephone units, stenographic machines or intentionally repurposed by the Chief Justice, in and printing machines; which case any unused balance thereof shall again b. Safety and safekeeping tools and equipment become available funds in the 20 percent JDF of the such as fire extinguishers, alarm systems, concerned court or judicial region; and safety vaults for evidence and records; 3. The FMBO shall implement a monitoring system c. Security equipment such as bundy clocks, to ensure that the disbursements against the 20 biometric equipment, closed circuit percent JDF for the courts or judicial regions shall not television (CCTV) monitors, firearms and exceed their respective collections deposited in the the like to ensure the safety and security of JDF at any given time, unless otherwise authorized by each court station; the Chief Justice or the Supreme Court as provided in these guidelines. d. Transportation equipment for members of the courts and court officials in the make Sec. 7. Submission of Annual Procurement Plan and Budget and kind appropriate to the stature of their Planning. – The Clerk of Court En Banc for the Supreme Court, office and for the use of the personnel; and the respective Presiding Justices of the Court of Appeals, e. Such other equipment necessary or useful the Sandiganbayan, and the Court of Tax Appeals, and the for the efficient and effective performance Court Administrator, with the assistance of the concerned of the work of the courts and its members, Deputy Court Administrators for the lower courts within their officials and personnel. respective assigned judicial regions, shall submit an annual 2. Facilities, such as but not limited to: procurement, maintenance, and upgrading plan for the offices and courts under their jurisdiction, considering the a. Halls of justice, offices and buildings source of funding thereof, whether from the General Fund to requiring upkeep to ensure safe, habitable be included in the Budget Proposal for Appropriations or from and serviceable conditions; the 20 percent JDF; Provided, that the proposals for the use b. Furniture and fixtures for use in the of the 20 percent JDF shall be submitted to and consolidated chambers of judges and justices, by the Supreme Court Procurement Planning Committee (SC- courtrooms, libraries, archiving and storage PPC) which shall determine the total amount of the proposed areas, holding areas and cafeterias; and requirements per court or judicial region as against the c. Other facilities considered essential in estimated available balance of the allocation for the court or aiding and increasing the well-being of the judicial region, as shall be certified to by the FMBO;Provided, members of the courts, its officials and further, that should the proposed requirements be more than personnel. the estimated available balance of the respective allocation Any item not listed herein, but which may be found of the court or judicial region, the requirements not covered necessary or useful in the efficient discharge of the duties shall be included in the Annual Procurement Plan of each of and/or functions of the courts, may be recommended for the Supreme Court, the Court of Appeals, the Sandiganbayan, acquisition, subject to the favorable endorsements of the and the Court of Tax Appeals, and the Lower Courts which Volume XVII Issue No. 68 25 in turn shall become a basis for the Budget Proposal for the WHEREAS, the Supreme Court’s power relating to the ensuing year. The dates and schedules for the preparation admission to the practice of law inherently includes the power of the above described plans shall be synchronized with the to discipline and remove from the rolls, lawyers who have National Budget Call, unless otherwise directed by the Chief transgressed their oath and violated the Code of Professional Justice. Responsibility. Sec. 8. Previously Authorized Expenditures. – Expenditures WHEREAS, dismissal of complaints filed against lawyers is a previously authorized to be charged against the 20 percent power of the Supreme Court that cannot be delegated to the JDF in amounts exceeding the collections of the concerned Integrated Bar of the Philippines. court or judicial region deposited in the JDF may continue to WHEREAS, the motive of the complainant and his or her be charged in full against the JDF unless repurposed by the action/inaction after the filing of a verified complaint against Chief Justice. a lawyer are not essential to the proceedings. Sec. 9. Submission of JDF Reports. – A periodic report on the NOW THEREFORE, Sections 1, 5, 12, 13, and 15 of Rule 139-B collections, deposits, expenditures, and disbursements of the of the Rules of Court are amended to read as follows: JDF, both for the 80 percent and the 20 percent portions shall be submitted by the FMBO to the Office of the Chief Justice Rule 139-B and posted at the Supreme Court website within a reasonable Disbarment and Discipline of Attorneys time thereafter through the Public Information Office. Once Section 1. How Instituted. – Proceedings for the posted, it shall be deemed as faithful compliance with the disbarment, suspension, or discipline of attorneys may publication/reporting requirements under Section 3 of PD be taken by the Supreme Court motu proprio, or upon No. 1949. the filing of a verified complaint of any person before the All Executive Judges of the Lower Courts, Presiding Supreme Court or the Integrated Bar of the Philippines Justices of the Court of Appeals, the Sandiganbayan, and (IBP). The complaint shall state clearly and concisely the Court of Tax Appeals, as well as the Court Administrator the facts complained of and shall be supported by and the Clerk of Court En Banc, are hereby encouraged to affidavits of persons having personal knowledge of the facts therein alleged and/or by such documents as may periodically peruse such posted reports and to bring to the substantiate said facts. attention of the Office of the Chief Justice any query, concern or recommendation they may have pertaining to any of the The IBP shall forward to the Supreme Court for matters reported thereat. appropriate disposition all complaints for disbarment, suspension and discipline filed against incumbent The concerned offices shall ensure timely and faithful Justices of the Court of Appeals, Sandiganbayan, Court compliance with pertinent accounting and auditing rules and of Tax Appeals and judges of lower courts, or against regulations. lawyers in the government service, whether or not they Sec. 10. Effectivity. – This Revised Implementing Guidelines are charged singly or jointly with other respondents, and shall be effective immediately upon its approval. whether or not such complaint deals with acts unrelated to the discharge of their official functions. All circulars, orders, resolutions and issuances inconsistent with the provisions of this Revised Implementing Guidelines If the complaint is filed before the IBP, six copies of shall be deemed modified, amended or repealed. the verified complaint shall be filed with the Secretary of the IBP or the Secretary of any of its chapter who December 16, 2015. shall forthwith transmit the same to the IBP Board of Governors for assignment to an investigator. (Sgd.) CJ SERENO, , CARPIO, VELASCO, Jr., LEONARDO- A. Proceedings in the Integrated Bar of the Philippines DE CASTRO, BRION, PERALTA, BERSAMIN, DEL CASTILLO, VILLARAMA, Jr., PEREZ, MENDOZA, REYES, PERLAS-BERNABE, Section 5. Service or Dismissal. – If the complaint appears LEONEN, JARDELEZA, JJ. to be meritorious, the Investigator shall direct that a copy thereof be served upon the respondent, requiring him to answer the same within 15 days from the date of service. If the complaint does not merit action, or if the BAR MATTER NO. 1645 answer shows to the satisfaction of the Investigator that the complaint is not meritorious, the Investigator will recommend to the Board of Governors the dismissal of RE: AMENDMENT OF RULE 139-B the complaint. Thereafter, the procedure in Section 12 of this Rule shall apply. WHEREAS, Article VIII, Section 5(5) of the 1987 Constitution confers upon the Supreme Court the power to promulgate No investigation shall be interrupted or terminated rules concerning the admission to the practice of law. by reason of the desistance, settlement, compromise, 26 October–December 2015
Resolutions Bar Matter No. 1645 (continued)
restitution, withdrawal of the charges, or failure of the The amendments shall take effect 15 days after complainant to prosecute the same, unless the Supreme publication in a newspaper of general circulation. Court motu proprio or upon recommendation of the IBP Board of Governors, determines that there is no The Integrated Bar of the Philippines is ordered to revise compelling reason to continue with the disbarment its rules of procedure in accordance with the amendments to or suspension proceedings against the respondent. Rule 139-B. (Amendment pursuant to Supreme Court Resolution October 13, 2015. dated May 27, 1993 re Bar Matter No. 356) Sec. 12. Review and Recommendation by the Board of (Sgd.) SERENO, CJ, CARPIO (on official leave), VELASCO, Jr., Governors. LEONARDO-DE CASTRO, BRION, PERALTA, BERSAMIN, DEL a) Every case heard by an investigator shall be reviewed CASTILLO, VILLARAMA, Jr., PEREZ, MENDOZA, REYES (on leave), by the IBP Board of Governors upon the record and PERLAS-BERNABE, LEONEN, JARDELEZA, JJ. evidence transmitted to it by the Investigator with his report.
b) After its review, the Board, by the vote of a majority Judicial Moves of its total membership, shall recommend to the Justice Fiel-Macaraig (Continued from page 18) Supreme Court the dismissal of the complaint or the imposition of disciplinary action against the respondent. The Board shall issue a resolution setting Justice Fiel-Macaraig was born to Judge Heliodoro T. forth its findings and recommendations, clearly and Fiel( ) and Pura Catingub of Ormoc City. She is married to distinctly stating the facts and the reasons on which Judge Virgilio V. Macaraig, presiding judge of the Regional it is based. The resolution shall be issued within a Trial Court, Branch 37, City of Manila, with whom she has period not exceeding 30 days from the next meeting two children, Virgil David and Zandro Luis. of the Board following the submission of the Investigator’s report.
c) The Board’s resolution, together with the entire Judicial Moves records and all evidence presented and submitted, Justice Robeniol (Continued from page 18) shall be transmitted to the Supreme Court for final action within 10 days from issuance of the resolution. He has written a book on “Alternative Dispute d) Notice of the resolution of the Board shall be given Resolution.” The book, originally published in June 2012, to all parties through their counsel, if any. contains a scholarly discussion of the law on domestic, B. Proceedings in the Supreme Court foreign and international commercial arbitration, mediation and the other modes of dispute resolution recognized and Section 13. Investigation of Complaints. – In proceedings allowed under Philippine law. The Revised Edition of the initiated by the Supreme Court, or in other proceedings book, released in July 2015, incorporates recent decisions when the interest of justice so requires, the Supreme of the Supreme Court, new principles and current trends Court may refer the case for investigation to the Office of on the subject. the Bar Confidant, or to any officer of the Supreme Court or judge of a lower court, in which case the investigation He has also written a book on “The Law on Katarungang shall proceed in the same manner provided in Sections Pambarangay,” published in July 2015, containing an 6 to 11 hereof, save that the review of the report of in-depth analysis and discussion of the law, principles, investigation shall be conducted directly by the Supreme procedures, and jurisprudence on the Katarungang Court. The complaint may also be referred to the IBP for Pambarangay in English and Filipino. investigation, report, and recommendation. C. Common Provisions
Section 15. Suspension of Attorney by Supreme Court. Judicial Moves After receipt of respondent’s answer or lapse of the Justice Atal-Paño (Continued from page 19) period therefor, the Supreme Court, motu proprio, or upon the recommendation of the IBP Board of to Diosdado Dizon Paño for 31 years. They have three Governors, may suspend an attorney from the practice daughters: Ma. Teresita, a registered nurse in Australia; of his profession for any of the causes specified in Rule Diana Abigail, a lawyer; and Marian Pauline, a Philippine 138, Section 27, during the pendency of the investigation until such suspension is lifted by the Supreme Court. Airlines flight attendant. Volume XVII Issue No. 68 27
Thus, to enhance the efficient monitoring of IPR cases towards a comprehensive data gathering system, and upon the request of the IPO for the revision of the form to be used in filing the status reports, beginning October 2015, you are hereby DIRECTED to use the attached revised forms (Annex “A” and “B”) in complying with the submission of monthly OCA CIRCULAR NO. 223-2015 status reports on IPR cases. All monthly status reports using the attached revised TO: ALL JUDGES AND BRANCH CLERKS OF COURT OF THE forms (Annex “A” and “B”) shall be submitted on or before the th REGIONAL TRIAL COURTS (RTCs) DESIGNATED AS SPECIAL 10 day of the succeeding month, for the preceding month, to COMMERCIAL COURTS AND CONCERNED JUDGES OF SINGLE both: SALA RTCs Court Management Office Office of the Court Administrator SUBJECT: MONTHLY SUBMISSION OF STATUS REPORT ON Supreme Court THE STATUS OF CASES INVOLVING INTELLECTUAL PROPERTY Padre Faura, Ermita, Manila RIGHTS or through e-mail address at Pursuant to Section 164, RA No. 8293,1 and Section 6, Rule I, [email protected], and A.M. No. 10-3-10-SC,2 dated October 18, 2011, OCA Circular No. 47-2004, dated March 30, 2004,3 was issued directing The Intellectual Property Office all judges, branch clerks of court, and officers in charge of 28 Upper McKinley Road, McKinley Hill special commercial courts and single sala RTCs to submit a Town Center Fort Bonifacio, Taguig City monthly list of Intellectual Property Rights (IPR) cases filed in or through e-mail address at their court to the Intellectual Property Office (IPO), Office of [email protected] the President, for monitoring purposes, using the attached prescribed form. However, the then attached prescribed form This circular supersedes OCA Circular No. 47-2004 dated does not include the nature of the IPR cases filed in courts March 30, 2004. and the search warrants issued. For strict compliance. September 21, 2015. 1 Intellectual Property Code of the Philippines 2 Rules of Procedure for Intellectual Property Rights Cases 3 Submission of the Monthly Report of Status of Intellectual (Sgd.) JOSE MIDAS P. MARQUEZ Property Rights Cases Court Administrator
Annex A REPUBLIC OF THE PHILIPPINES ______JUDICIAL REGION REGIONAL TRIAL COURT, BRANCH ______(Court Station)
EMAIL ADDRESS:______CONTACT NO.: ______
STATUS REPORT OF INTELLECTUAL PROPERTY CASES MONTH/YEAR ______
IPRs Docket No. Case Date Case Title Nature of the Business Name (Trademarks, Copyrights, Product Status (Case No.) Title Filed Case (if applicable) Invention, Industrial Plaintiff/ Respondent/ Design, Utility Model) Complainant Accused 1. 2. 3. 4. 5. 6. 7. 8.
Prepared by: Noted by:
______Branch Clerk of Court Presiding Judge 28 October–December 2015
Resolutions OCA Circular No. 223-2015 (continued)
Annex B
REPUBLIC OF THE PHILIPPINES ______JUDICIAL REGION REGIONAL TRIAL COURT, BRANCH ______(Court Station)
EMAIL ADDRESS:______CONTACT NO.: ______
STATUS REPORT OF SEARCH/WARRANTS IN INTELLECTUAL PROPERTY CASES MONTH/YEAR ______
IPRs Search Status (e.g. returned with complaint, (Trademarks, Date of Warrant No. Applicant Case Title Copyrights, Invention, Product Date of Issue information quashed, not implemented or Return (Civil/Criminal) Industrial Design, returned with negative result) Utility Model) 1. 2. 3. 4. 5. 6. 7. 8.
Prepared by: Noted by:
______Branch Clerk of Court Presiding Judge
impropriety and the appearance of impropriety in all of their OCA CIRCULAR NO. 231-2015 activities.” Please be guided accordingly. October 12, 2015. TO: ALL JUDGES AND COURT PERSONNEL SUBJECT: REMINDER ON THE RULE REGARDING GAMBLING (Sgd.) JOSE MIDAS P. MARQUEZ AND CASINOS Court Administrator Considering that the Annual Convention of the Philippine Judges Association on October 14–16, 2015 will be held at the Marriott Hotel, which is within the Newport City Complex, OCA CIRCULAR NO. 232-2015 Pasay City, which also houses a casino, all judges and court personnel are strictly REMINDED of the prohibition against gambling or being seen in casinos. TO: REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, AND Section 14(4)(a), Presidential Decree No. 1869, as MUNICIPAL TRIAL COURTS amended, prohibits government officials from playing in casinos. SUBJECT: APPLICATION OF REPUBLIC ACT NO. 8974 The Supreme Court, in Circular No. 4, dated August 27, The attention of the Office of the Court Administrator has 1980, ruled that “judges of inferior courts and court personnel been called on the lower courts’ delay in the issuance of writs are enjoined from playing in or being present in gambling of possession in expropriation proceedings involving national casinos,” and cited par. 3, Canons of Judicial Ethics, which government infrastructure projects. decrees that “a judge’s official conduct should be free from In Republic of the Philippines v. Spouses Agustin and the appearance of impropriety, and his personal behavior, not Imelda Cancio,1 the Court clarified when a writ of possession only upon the bench and in the performance of judicial duties, in expropriation proceedings should be issued: but also in his everyday life, should be beyond reproach.” Section 1, Canon 4, New Code of Judicial Conduct for the Philippine Judiciary, also mandates that “judges shall avoid 1 G.R. No. 170147, January 30, 2009. Volume XVII Issue No. 68 29
There is therefore no need yet to determine In view of the foregoing, all courts are hereby ENJOINED with reasonable certainty the final amount of just to eschew delay and strictly comply with Section 4, RA No. compensation in resolving the issue of a writ of 8974, as explained by existing jurisprudence. possession. In fact, it is the ministerial duty of the For strict compliance. trial court to issue the writ upon compliance with the requirements of Section 4 of (RA No. 8974). No October 15, 2015. hearing is required and the court cannot exercise its discretion in order to arrive at the amount of the (Sgd.) JOSE MIDAS P. MARQUEZ provisional value of the property to be expropriated as Court Administrator the legislature has already fixed the amount under the aforementioned provision of the law. Section 4, RA No. 8974,2 provides: OCA CIRCULAR NO. 250-2015 Guidelines for Expropriation Proceedings. – Whenever it is necessary to acquire real property for the right-of-way TO: ALL JUDGES, OFFICIALS AND PERSONNEL OF THE FIRST or location for any national government infrastructure project through expropriation, the appropriate AND SECOND LEVEL COURTS implementing agency shall initiate the expropriation SUBJECT: REITERATION OF STRICT OBSERVANCE OF OFFICE proceedings before the proper court under the following AND SESSION HOURS, POSTING OF COURT CALENDAR, guidelines: PROPER OFFICE ATTIRE, AND CONDUCT OF FLAG RAISING (a) Upon the filing of the complaint, and after due AND LOWERING CEREMONIES notice to the defendant, the implementing agency In view of the persistent reports received by this Office on shall immediately pay the owner of the property the the non-observance by some judges and court personnel of amount equivalent to the sum of 100 percent of the the prescribed office and session hours, proper office attire value of the property based on the current relevant and appearance, posting of court calendar, and the absence zonal valuation of the Bureau of Internal Revenue of judges and court personnel in flag raising and lowering (BIR); and (2) the value of the improvements and/or ceremonies, all judges and court personnel are ENJOINED structures as determined under Section 7 hereof; strictly to observe the following rules: (b) In provinces, cities, municipalities and other areas A. Strict Observance of Office Hours1 where there is no zonal valuation, the BIR is hereby mandated within the period of 60 days from the 1. All courts must observe the following office hours, date of the expropriation case, to come up with a without prejudice to the approved flexi-time of some zonal valuation for said area; and court personnel: (c) In case the completion of a government infrastructure Regions I to XII project is of utmost urgency and importance, and Mondays–Fridays there is no existing valuation of the area concerned, the implementing agency shall immediately pay the 8:00 a.m. – 12:00 n.n. 1:00 p.m. – 5:00 p.m. owner of the property its proffered value taking into National Capital Judicial Region consideration the standards prescribed in Section 5 hereof. Mondays–Fridays Upon compliance with the guidelines 8:00 a.m. – 12:00 n.n. 12:30 p.m. – 4:30 p.m. abovementioned, the court shall immediately issue to 2. Judges are also EXHORTED to be mindful of the hours the implementing agency an order to take possession set for hearing and to start the hearings on time. of the property and start the implementation of the 3. Pursuant to Republic Act No. 9482,2 all judges are project. REMINDED to implement appropriate working Before the court can issue a Writ of Possession, schedules among their court personnel to enable the implementing agency shall present to the court a them to attend to and serve litigants who are within certificate of availability of funds from the proper official the premises of the court during lunch break, and prior concerned. (Emphasis supplied) 1 OCA Circular No. 09-2015 dated January 21, 2015. 2 An Act to Facilitate the Acquisition of Right-of-Way, Site, or 2 Location for National Government Infrastructure Projects and for An Act to Improve Efficiency in the Delivery of Government Service Other Purposes, November 7, 2000. to the Public by Reducing Bureaucratic Red Tape, Preventing Graft and Corruption, and Providing Penalties Therefor. 30 October–December 2015
Circulars OCA CIRCULAR No. 250-2015 (continued) strapped blouses, tank tops (unless worn as to the end of official working hours. The judges shall an undershirt), blouses with over-plunging adopt a rotation system of personnel and provide necklines; a skeleton force to ensure that units dealing directly with the public, such as the receiving, process-serving, c) Collarless t-shirts for men; and the cashier, are accessible to the public at all times, d) Micro-mini skirts, walking shorts, cycling including lunch and break times. shorts, leggings, tights, jogging pants, pedal 4. All judges and court personnel shall file the appropriate pushers; application for leave in case of their inability to report e) Sandals and step-ins exposing the toes; and for work, in accordance with Item IV, Administrative f) Rubber sandals, slippers, and “bakya.” Circular No. 08- 2009.3 5. The sporting of long and unkempt hair, as well as 4 B. Strict Observance of Session Hours wearing of earrings and other body ornaments by male 1. The session hours of all Regional Trial Courts, judges and court personnel are not allowed. Metropolitan Trial Courts, Municipal Trial Courts in 6. The Identification Card (I.D.) forms part of the official Cities, Municipal Trial Courts, and Municipal Circuit uniform/appropriate office attire. Thus, it must be Trial Courts shall be from 8:30 a.m. to 12:00 n.n. and worn at all times while on official duty. from 2:00 p.m. to 4:30 p.m., from Monday to Friday. D. Posting of Court Calendar 2. The hours in the morning and afternoon shall be devoted to the conduct of trial, unless already done, All judges are STRICTLY required to ensure the posting in which case the afternoon hours shall be utilized for of their court calendars outside their courtrooms at (1) the conduct of pre-trial conferences; (2) writing of least one day before the scheduled hearings. decisions, resolutions, or orders; or (3) the continuation E. Conduct of Flag Raising and Lowering Ceremonies6 of trial on the merits, whenever rendered necessary, as may be required by the Rules of Court, statutes, or 1. The flag-raising ceremony shall be observed every circulars in specified cases. Monday morning and the flag lowering ceremony every Friday afternoon. The ceremony shall be simple 3. Except those requiring immediate action, all motions and dignified and shall include the playing or singing of should be scheduled for hearing on Friday, or if Friday the Philippine National Anthem.7 is a non-working day, in the next business day. The unauthorized practice of some judges of entertaining 2. All Executive Judges shall supervise the holding of motions or setting them for hearing on any other day the flag-raising and flag lowering ceremonies in their or time must be avoided. respective Halls of Justice buildings or courthouses, and shall ensure the attendance of all judges and court C. Proper Office Attire and Appearance of Judges and personnel in the rites. Court Personnel5 3. A report on the absentees in both ceremonies for 1. Judges at all times shall be in business attire. every month shall be submitted to the Office of the 2. Skirts of office uniforms or casual office attire should Court Administrator (OCA) within the first 10 days of be at least knee-length (one inch above the knee may the succeeding month. be allowed). The Executive Judges shall strictly monitor compliance 3. Appropriate footwear shall mean closed formal shoes; with this Circular by the judges and court personnel under their however, mules, sling-back shoes and peep-toe shoes administrative supervision. The Deputy Court Administrators are allowed. and the Legal Office, OCA, shall likewise oversee compliance 4. The following are prohibited office attire when by the Executive Judges, Presiding Judges and court personnel performing official functions: under their respective areas of administrative supervision. a) Gauzy, transparent or net-like blouse or shirt; For strict compliance. b) Sando, sleeveless, strapless or spaghetti- November 10, 2015.
3 Guidelines in Cases of Prolonged Absences, Tardiness and (Sgd.) JOSE MIDAS P. MARQUEZ Undertime, Filing of Applications for Leave and AvaiIment of the Court Administrator Rehabilitation Privilege, dated January 12, 2007. 4 OCA Circular No. 63-2001 dated October 3, 2001, citing Administrative Circular No. 3-99. 6 OCA Circular No. 136-2010 dated October 5, 2010. 5 OCA Circular No. 157-2013 dated December 2, 2013. 7 Sec. 18, RA No. 8491. Volume XVII Issue No. 68 31
It has reached the attention of this Office that despite the OCA CIRCULAR NO. 252-2015 issuance of OCA Circular No. 14-2012 dated March 1, 2012 (Reiteration of Provisions I [Paragraph A(1)] and II [Paragraphs TO: ALL JUDGES AND CLERKS OF COURT OF THE FIRST AND 4 and 5] of OCA Circular No. 58-2007, and Restatement of SECOND LEVEL COURTS IN THE PROVINCES OF NORTH Provision I, Paragraph A[1] Thereof, by OCA Circular No. 51- COTABATO AND SULTAN KUDARAT 2011), some lower courts still fail to: (a) submit the complete Philippine Mediation Center (PMC) Monthly Report of SUBJECT: INTERNSHIP PROGRAM OF MEDIATION TRAINEES Collections and Deposits at the Finance–Accounting Division, ON COURT-ANNEXED MEDIATION Philippine Judicial Academy (PHILJA); and (b) state the The Philippine Judicial Academy (PHILJA), through the correct names of payees in the Postal Money Orders (PMOs) Philippine Mediation Center Office (PMCO), in coordination resulting in the PMOs becoming stale, which causes delay in with the Office of the Court Administrator, is expanding its the recording of collections and deposits under the PMC Trust Court-Annexed Mediation Program in the Provinces of North Fund. Cotabato and Sultan Kudarat. To forestall a recurrence, the following pertinent To formally mark the establishment of the Philippine provisions of OCA Circular No. 14-2012 dated March 1, 2012 Mediation Center Units (PMCU) in Kidapawan City and Isulan, are hereby REITERATED, to wit: Sultan Kudarat, an Internship Program for Mediation Trainees I. Fees to be Collected for Mediation Fund will be conducted from November 16, 2015 to January 18, 2016. This activity aims to provide Mediation Trainees the A. Clerks of Court of the following courts shall collect fees to form the Mediation Fund opportunity to apply what they have learned from the Basic under Section 9, Rule 141, of the Rules of Mediation Course held at the JC Leisure and Business Place Court as revised in A.M. No. 04-2-04-SC, on September 28 to October 1, 2015, by handling mediatable which took effect August 16, 2004, upon the cases where they should successfully settle at least three out filing of: of five cases assigned to them, in order to be recommended for accreditation as Court-Annexed Mediators. This program (1) The following pleadings in the will be conducted under the supervision of a Mentor-Coach. Regional Trial Courts, and First Level Courts the amount of P500 In connection therewith, you are hereby directed to Mediation Fee conduct an inventory of mediatable cases and refer them to Civil Case the PMC Units in Kidapawan City and Isulan, Sultan Kudarat, starting November 16, 2015 and thenceforth. - A Complaint Any communication relating to this program should - Answer with mediatable be addressed to Hon. Justice Adolfo S. Azcuna, Chancellor, counterclaim PHILJA, 3rd Floor, Centennial Building, Supreme Court, Padre - permissive or compulsory Faura Street corner Taft Avenue, Manila. counterclaim [remains suspended pursuant to November 11, 2015. Resolution of the Court En Banc in A.M. No. 04-2-04-SC (Sgd.) JOSE MIDAS P. MARQUEZ dated September 21, 2004 Court Administrator and further reiterated in OCA Circular No. 96-2009 dated August 13, 2009] OCA CIRCULAR NO. 253-2015 - third-party complaint, fourth-party complaint, etc. TO: THE CLERKS OF COURT AND/OR OFFICERS IN CHARGE OF THE COURT OF APPEALS, SANDIGANBAYAN, COURT OF - Complaint-in-Intervention TAX APPEALS, REGIONAL TRIAL COURTS AND FIRST LEVEL - Answer-in-Intervention COURTS (METROPOLITAN TRIAL COURTS, MUNICIPAL x x x x TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS) II. Duty of the Clerks of Court or Officers in Charge SUBJECT: REITERATION OF OCA CIRCULAR NO. 14-2012 x x x x DATED MARCH 1, 2012 AND OTHER INCIDENTAL MATTERS 4. Deposits of Collection 32 October–December 2015
Circulars OCA CIRCULAR No. 253-2015 (continued)
The depository bank for the Mediation payees, all concerned shall personally SHOULDER the entire Fund shall be the Land Bank of the Philippines. costs of revalidation of the PMOs. The income and interest earned shall likewise For strict compliance. form part of the Fund. November 11, 2015. The Clerks of Court, Officers in Charge, or their duly authorized officers shall deposit daily the collections accruing to the Fund (Sgd.) JOSE MIDAS P. MARQUEZ with: (a) the SC PHILJA PMC Trust Fund (Rule Court Administrator 141) LBP Savings Account No. 3472-1000-08, for collections under Section 9, Rule 141 of the Revised Rules of Court; x x x. In the absence of an LBP Branch, Postal OCA CIRCULAR NO. 263-2015 Money Orders (PMO’s) [sic] payable to the Philippine Judicial Academy (PHILJA) can be purchased from the local Post Office and sent TO: FIRST AND SECOND LEVEL COURTS IN ANGELES CITY to PHILJA Finance Division for proper deposit. SUBJECT: IMPLEMENTATION OF E-SUBPOENA SERVICE AND [However, when the PMOs are returned to MANAGEMENT the clerks of court and/or officers in charge Pursuant to the resolution of the Court En Banc in A.M. No. 13- for completion and revalidation because of the incorrect payees’ name therein, the cost 08-03-SC, dated August 18, 2015, approving “the use of the of revalidation shall be under the personal eSubpoena System in the courts of Angeles City, Pampanga,” accountability of the clerks of court and/or all the first and second level courts in Angeles City, Pampanga officers in charge concerned]. are hereby ENJOINED to implement the eSubpoena System, effective immediately. 5. Monthly Reports For compliance. x x x “Monthly Report of Collection” shall be regularly prepared for the collections under November 25, 2015. Section 9, Rule 141 of the Revised Rules of Court, x x x, attaching therewith: (a) the (Sgd.) JOSE MIDAS P. MARQUEZ duplicate copy of the official receipts issued Court Administrator during such month covered; and (b) the validated copy of the Deposit Slips. x x x x OCA CIRCULAR NO. 269-2015 (Emphasis supplied) Henceforth, all the required monthly financial reports and accompanying TO: ALL JUDGES AND PERSONNEL OF THE FIRST AND SECOND attachments, as well as queries relative to LEVEL COURTS collection and deposit of mediation feesshall be directly submitted and coursed through SUBJECT: RULES AND REGULATIONS ON LOCAL ABSENTEE the following address [and telephone VOTING IN CONNECTION WITH THE MAY 9, 2016 NATIONAL number]: AND LOCAL ELECTIONS PHILIPPINE JUDICIAL ACADEMY For the information and guidance of all judges and personnel FINANCE OFFICE–ACCOUNTING DIVISION of the first and second level courts, attached herein is the copy 3F Centennial Building, Supreme Court of the Commission on Elections (Comelec) Resolution No. Padre Faura [Street], [Ermita], Manila 10003 dated October 14, 2015 entitledRules and Regulations [Tel. No. 02-552-9633] on Local Absentee Voting in Connection with the May 9, 2016 National and Local Elections Moreover, all concerned are REMINDED and DIRECTED to together with the Application to DEPOSIT all the collections under Section 9, Rule 141, Revised Avail of Local Absentee Voting (LAV Form No. 01) and the List Rules of Court, solely in the SC PHILJA PMC Trust Fund (Rule of Applicants for Local Absentee Voting (LAV Form No. 02). 141) LBP Savings Account No. 3472-1000-08. Further, in the Copies of the Resolution and LAV forms may be event that PMOs are returned due to incorrect names of reproduced or downloaded from the Comelec website www. Volume XVII Issue No. 68 33 comelec.gov.ph. All duly accomplished application forms and For further information, Director Allen Francis B. Abaya certified Lists of Applicants shall be transmitted not later than may be reached at telephone numbers (02)5284260 and March 7, 2016 to the Committee on Local Absentee Voting (02)5272986 or mobile number 09175594593. th (CLAV) c/o ECAD, Commission on Elections, 8 Floor, Palacio December 10, 2015. del Gobernador Bldg., lntramuros, Manila.
(Sgd.) JOSE MIDAS P. MARQUEZ Court Administrator
LAV Form No. 01
Republic of the Philippines COMMISSION ON ELECTIONS Committee on Local Absentee Voting
MAY 9, 2016 NATIONAL AND LOCAL ELECTIONS
APPLICATION TO AVAIL OF LOCAL ABSENTEE VOTING
1. PERSONAL DATA: (Please use the same name as appearing in your registration records) (a) Name: (Surname) (First name) (Middle name) (b) Sex: Male Female (c) Civil Status: Single Married Widow/er (d) Date of Birth: Place of Birth: (e) Contact Numbers: Mobile: HQ/Office Tel. No.: Email address:
2. I AM A REGISTRERED VOTER OF: (Note: Please go to http://www.comelec.gov.ph/?r=VoterRegistration/RegistrationStatusVerification/precinct_finder for information on the following data.) (f) (Precint No./Barangay) (City/Municipality) (Province) (g) Voter’s Registration Record Number (VRRN): (h) Voter’s Identification Number (VIN): 3. I WANT TO AVAIL OF LOCAL ABSENTEE VOTING BECAUSE I WILL BE ASSIGNED ON ELECTION DAY TO PERFORM ELECTION DUTIES/COVER AND REPORT ON THE CONDUCT OF ELECTIONS OUTSIDE THE PLACE WHERE I AM A REGISTERED VOTER Please check the appropriate box: (i) I am a government official/employee (j) I am a member of the AFP Government Office Rank Position Unit Place of Assignment Serial Number Name of Office/Supervisor Place of Assignment Name of Commanding Officer
(k) I am a member of the PNP (l) I am a member of the media Position/Rank Position Place of Assignment Place of Assignment Name of Station Head Name of Head of Company
I hereby certify that the above declarations are true and correct.
______(Signature of applicant above printed name)
SUBSCRIBED AND SWORN to before me this ______day of ______, 2016 at ______, Philippines. ______(Signature above printed name) Officer Authorized to Administer Oath
LAV Form No. 02
Republic of the Philippines COMMISSION ON ELECTIONS Committee on Local Absentee Voting
MAY 9, 2016 NATIONAL AND LOCAL ELECTIONS
LIST OF APPLICANTS FOR LOCAL ABSENTEE VOTING
OFFICE/UNIT/STATION: ______ADDRESS: ______
PLACE OF REGISTRATION SEQ. DATE OF PLACE OF LAST NAME FIRST NAME MIDDLE NAME MUNICIPALITY/ NO. BIRTH PRECINCT # BARANGAY PROVINCE ASSIGNMENT CITY/DISTRICT
CERTIFICATION
This is to certify that herein applicants are bona fide members/employees of ______with office address at ______. This is to further certify that the above‐named applicants will be assigned on election day outside the place where they are registered voters to perform election‐related duties or due to the performance of their functions in covering and reporting on the election.
______(Signature above printed name)
SUBSCRIBED AND SWORN to before me this ____ day of ______, 2016, at ______, Philippines.
______(Signature above printed name) Officer Authorized to Administer Oath
34 October–December 2015
OCA CIRCULAR NO. 271-2015 NOW THEREFORE, the Special Committee on Retirement and Civil Service Benefits is hereby created and constituted as follows: TO: ALL JUDGES AND CLERKS OF COURT AND/OR OFFICERS Chairperson: Atty. Anna-Li R. Papa-Gombio IN CHARGE OF THE FIRST AND SECOND LEVEL COURTS Office of the Clerk of Court–En Banc SUBJECT: REQUEST OF PROSECUTORS TO BE FURNISHED Vice Atty. Eden T. Candelaria WITH COPIES OF THE SEMESTRAL DOCKET INVENTORY Chairperson: Office of Administrative Services REPORTS OF CRIMINAL CASES Members: Atty. Corazon G. Ferrer-Flores The Department of Justice (DOJ) is currently streamlining Fiscal Management and Budget Office the performance monitoring and reportorial system for the National Prosecution Service, and developing an automated Atty. Maria Regina A.F.M. Ignacio Case Management System (CMS) and National Justice Acting Chief, Office of the Chief Attorney Information System (NJIS). Atty. Caridad A. Pabello In order to assist the DOJ in the implementation of Office of Administrative Services– its projects, all concerned are hereby DIRECTED to allow Office of the Court Administrator Regional/Provincial/City Prosecutors to be furnished copies, Atty. Lilian Barribal-Co upon request, of the Semestral Docket Inventory Reports of Financial Management Office– criminal cases in their respective courts. Office of the Court Administrator This authorization shall be limited to the provision of Atty. Jocelyn T. Fabian copies needed for the purpose. Office of the Chief Justice For strict compliance. Atty. Czarina E. Samonte December 18, 2015. Office of the Chief Justice Secretary: (To be designated by the Chairperson) (Sgd.) JOSE MIDAS P. MARQUEZ The Special Committee shall have the following functions Court Administrator and duties: 1. Draft a list of all retirement and civil service benefits mandated by existing laws and other relevant issuances, including the legal requirements for the grant of each benefit, for the approval of the Office of the Chief Justice; 2. Develop a checklist of requirements for the guidance of all employees of the Judiciary; MEMORANDUM ORDER NO. 43-2015 3. Receive, assess and provide recommendations to the Office of the Chief Justice and/or the Supreme Court CREATING THE SPECIAL COMMITTEE ON RETIREMENT AND En Banc with respect to specific requests for the CIVIL SERVICE BENEFITS grant of retirement and civil service benefits; and WHEREAS, several laws and civil service regulations have been 4. Propose policy guidelines and other relevant enacted providing for the benefits of government employees, recommendations to the Office of the Chief Justice and more specifically, to the members of the judiciary; to streamline and expedite the financial approval process relative to requests for retirement and civil WHEREAS, the specific grant of these benefits require the service benefits. approval of the Office of the Chief Justice and/or the Supreme Court En Banc; Personnel benefits under the Judiciary Development Fund Law (Presidential Decree No. 1949 and other relevant WHEREAS, to streamline the approval process, there is a issuances) or from the savings of the judiciary shall not form need to create a special committee to evaluate all concerns part of the Special Committee’s mandate. regarding retirement and civil service benefits of the members and other employees of the judiciary and provide The Chairperson, Vice Chairperson, Members and recommendations to the Office of the Chief Justice and/or the Members of the Secretariat of the Committee shall receive Supreme Court En Banc; the usual expense allowances. Volume XVII Issue No. 68 35
This Memorandum Order shall take effect upon its issuance this 16th day of November 2015.
(Sgd.) MARIA LOURDES P. A. SERENO Chief Justice Chairperson, First Division (Sgd.) ANTONIO T. CARPIO (Sgd.) PRESBITERO J. VELASCO, Jr. Senior Associate Justice Associate Justice Chairperson, Second Division Chairperson, Third Division
First Quarter 2016 Training Programs and Activities (Continued from page 36)
Panay and Bacolod Mediation Programs • Judicial Career Enhancement Program for March 30–31 First Level Court Judges of the First Judicial Region Hotel Del Rio, Iloilo City February 22–24 PHILJA Training Center, Tagaytay City • PHILJA Curriculum Review: Planning and Workshop February 10 • Convention and Seminar of the Judiciary Association Bernas Center, Ateneo School of Law of Clerks of the Philippines Rockwell, Makati City February 22–24 • Career Enhancement Program for Lawyers-Clerks of Villa Caceres Hotel, Naga City Court of the National Capital Judicial Region • Roundtable Discussion and Writeshop on the Securities Batch 2: Quezon City, Las Piñas, Marikina, Malabon and Exchange Commission (SEC) Mediation Policy and Valenzuela February 22–23 February 10–12 SEC Building, Greenhills, Mandaluyong City PHILJA Training Center, Tagaytay City • Specialized Mediation Training: Skills-Building Batch 3: Makati, Pasig, Parañaque, Muntinlupa Seminar-Workshop for Officials and Employees Mandaluyong and Navotas of the Securites and Exchange Commission March 16–18 March 1–4 PHILJA Training Center, Tagaytay City Ace Hotel and Suites, Brixton Street, Pasig City • Continuing Legal Education Program for • Court Attorneys of the Court of Appeals Continuing Legal Education Program for Court Attorneys of the Sandiganbayan and Court of Tax Appeals Mindanao Station March 3–4 February 15–16 PHILJA Training Center, Tagaytay City Seda Centro Hotel, Cagayan de Oro City • 21st National Convention and Seminar of the Philippine Visayas Station Women Judges Association (PWJA) February 18–19 March 9–11, Manila Hotel Hotel Elizabeth, Cebu City • Roundtable Discussion for Judges on • Orientation and Screening of Prospective Mediators and Online Sexual Exploitation of Children (OSEC) PMC Unit Staff March 9 Aurora Mediation Program Manila Hotel, Manila February 16 Hall of Justice, Baler, Aurora • PHILJA Curriculum Review: Writeshop March 15–16 Nueva Vizcaya Mediation Program February 18 PHILJA Training Center, Tagaytay City Hall of Justice, Bayombong, Nueva Vizcaya • 37th Pre-Judicature Program Quirino Mediation Program March 28–April 8 February 19 Bayleaf Hotel, Intramuros, Manila Hall of Justice, Cabarroguis, Quirino • 11th Biennial National Convention and Seminar of the Court Legal Researchers Association of the Philippines (CLERAP) February 17–19 La Carmela Hotel, Malay, Aklan 36 3rd Floor, Supreme Court Centennial Building PRIVATE OR UNAUTHORIZED October–DecemberUSE TO AVOID 2015 Padre Faura Street corner Taft Avenue, Manila PAYMENT OF POSTAGE IS PENALIZED BY FINE OR 1000 Philippines IMPRISONMENT OR BOTH
First Quarter 2016 Training Programs and Activities Justice Adolfo S. Azcuna • Special Course on International Nueva Vizcaya Mediation Program Chancellor Criminal Law and Security January 26 January 18–22 24/7 Inn, Solano, Nueva Vizcaya Professor Sedfrey M. Candelaria PHILJA Training Center, Tagaytay City Quirino Mediation Program Editor in Chief • Training Seminar on the 2016 Revised January 27 Rules of Procedure for Small Claims Capitol Plaza Hotel and Restaurant Editorial and Research Staff Cases for Judges and Clerks of Court Cabarroguis, Quirino Atty. Ma. Melissa Dimson-Bautista National Capital Judicial Region and Aurora Mediation Program Armida M. Salazar Region IV January 28 Jocelyn D. Bondoc January 18 Carlito’s Inn and Lodging House Ronald Paz Caraig Court of Appeals Auditorium, Manila Baler, Aurora Joseph Arvin S. Cruz Fourth Judicial Region • Training of Trainers on Advanced Christine A. Ferrer February 19 Competency Enhancement Training on Joanne Narciso-Medina PHILJA Training Center, Tagaytay City Trafficking in Persons Cases Charmaine S. Nicolas First Judicial Region February 1 Sarah Jane S. Salazar February 24 The Lake Hotel, Tagaytay City PHILJA Training Center, Tagaytay City • Advanced Competency Enhancement Circulation and Support Staff Romeo A. Arcullo Training for Judges, Prosecutors, Legal Fifth Judicial Region Judith B. Del Rosario February 26 Researchers, Social Workers, and Law The Oriental Hotel, Legazpi City Enforcement Investigators Handling Michael Angelo P. Laude Lope R. Palermo Trafficking in Persons Cases SixthJudicial Region Daniel S. Talusig March 4 February 2–4 The Lake Hotel, Tagaytay City The Inns by the Oriental, Bacolod City Printing Services March 15–17 Seventh Judicial Region Crown Regency Resort and Leticia G. Javier and Staff March 18 Convention Center Harolds Hotel, Cebu City Malay, Aklan • Trainer’s Training for • Refresher/Advanced Course for Court- Court-Annexed Mediation Annexed Mediators The PHILJA Bulletin is published January 20–21 (Skills Enhancement Course) quarterly by the Research, Bayview Park Hotel, Manila Cavite, Batangas and Quezon Publications and Linkages Office March 15–16 Mediation Programs of the Philippine Judicial Academy, Manila Pavilion, Manila February 2–3 with office at therd 3 Floor of the • 74th Orientation Seminar-Workshop for Bayview Park Hotel, City of Manila Supreme Court Centennial Building, Padre Faura Street corner Taft Newly Appointed Judges Rizal, Bulacan and Laguna January 26–February 4 Mediation Programs Avenue, Manila. Tel: 552-9524; Fax: PHILJA Training Center, Tagaytay City February 4–5 552-9621; Email: research_philja@ • Orientation Conference with Bayview Park Hotel, City of Manila yahoo.com; [email protected]. Stakeholders on Court-Annexed ph; Website: http://philja.judiciary. Mediation gov.ph (Continued on page 35)