Bulletin 61 Jan-March 2014 REV.Pmd
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JANUARY-MARCH 2014 VOLUME XVI ISSUE NO. 61 ISSN 2244-5862 From the Chancellor’s Desk On January 16, 2014, the Consuelo Zobel Alger Foundation paid a courtesy call on Chief Justice Maria Lourdes P. A. Sereno to personally hand over their donation of 100 sets of Anatomically Correct Dolls for the use of our Family Courts nationwide. The Court, through PHILJA, received the gift at the Signing Ceremony of the Deed of Donation. Each set is composed of two adult male and female dolls, as well as a pair of boy and girl dolls designed to be of assistance in the conduct of investigative and forensic interviews of sexually abused children. Further ushering in the New Year were the following programs: the 69th Orientation Seminar- Workshop for Newly Appointed Judges in the PTC- Tagaytay; the Seminar-Workshop for Newly Appointed Sheriffs and Process Servers in Cebu City; Chief Justice Maria Lourdes P. A. Sereno (center) with the the 32nd Pre-Judicature Program (PJP) in Pasay City; representatives from the Consuelo Zobel Alger Foundation (from left) Atty. Carmela Andal-Castro, Dr. Jon Matsuoka, Ph.D., and and the Judicial Career Enhancement Program Constance H. Lau, Esq., PHILJA Vice Chancellor Justo P. Torres, Jr., (JCEP) for RTC Judges of Region X in Cagayan De Oro and Family Court Judge Cesar Pabel D. Sulit during the Courtesy City. Call on the Chief Justice and Signing Ceremony of the Deed of Donation of Anatomically Correct Dolls held on January 16, 2014, at Eight Special Focus Programs also took place: the SC Dignitaries’ Lounge, New Supreme Court Building, Padre the First Judiciary Budget Conference in the PTC- Faura Street, Manila. Tagaytay; a Seminar-Workshop on the Apostille in safety and security precautions including training on the proper Convention at the De La Salle University–College of and practical use of firearms and marksmanship, was delivered Manila, Manila; two Seminars on the Rules of for selected Judges of Region I in Baguio City. Procedure on Financial Rehabilitation – one for the Court of Appeals Justices in Cebu City, the Special PHILJA also assisted in the 19th National Convention and Commercial Court Judges of Regions VI to VIII, and Seminar of the Philippine Women Judges Association held in Manila, other stakeholders therein; and the other for the with the theme Women Judges: Keeping Up with Information Court of Appeals Justices in Cagayan De Oro City, the Technology and Issues in International Law, and in the 9th National Special Commercial Court Judges of Regions IX to Convention and Seminar of the Philippine Association of Court XII, and other stakeholders therein. Social Workers, Inc., (PACSWI) held in Palawan which focused on The Vital Role of the Social Workers in Responding to the Current Also held in Cebu were the Seminar-Workshop Social Challenges in the Judicial System. on Substantive Laws and Jurisprudence on Intellectual Property for Special Commercial Court Our Enhanced Justice on Wheels (EJOW) activities for the Judges of Regions VI to VIII as well as selected year opened with the delivery of Information Dissemination Attorneys of the Court of Appeals Cebu City Station; through a Dialogue among Barangay and Court Officials in and the Seminar-Workshop on Various Laws and Rules Mandaluyong City. Relating to Money Laundering and other Financial In furthering Alternative Dispute Resolution, the Philippine Crimes for Judges of Region VII. The same program Mediation Center Office (PMCO) conducted several Refresher/ was also conducted in Naga City for Judges of Region Advanced Courses for Court-Annexed Mediators for the Bataan, V. The Personal Security Training for Judges (PST), a program that provides trial court judges the basics (Next page) 2 JANUARY-MARCH 2014 Contents From the Chancellor’s Desk (Continued from page 1) From the Chancellor’s Desk . 1 Zambales, and Pampanga Mediation Programs in Judicial Views . 3 Tagaytay City; the Iligan, Ozamiz, Marawi, and Cagayan Trainings, Programs and Activities . 4 De Oro City Mediation Programs in Cagayan De Oro City; and the Leyte, Cebu, and Zamboanga City Mediation New Rulings . 16 Programs in Cebu City. Doctrinal Reminders . 16 The PMCO activities for this quarter focused on two Resolutions areas in Mindanao: the Orientation Conference with Stakeholders on Court-Annexed Mediation in Malaybalay Administrative Matter No. 12-11-2-SC – Guidelines for Decongesting Holding Jails by Enforcing the City for the Bukidnon Mediation Program; and the Rights of Accused Persons to Bail and to Speedy Orientation and Screening of Prospective Mediators and Trial. .. 17 PMC Unit Staff in Dipolog City for the Zamboanga Del Norte Mediation Program. In addition, a Basic Mediation Orders Course as well as a Pre-Internship Orientation and Memorandum Order No. 05-2014 – Creating the Meeting with Judges, Clerks of Court, Branch Clerks of Committee on Yolanda-Affected Areas (CYA). 20 Court, Mediation Trainees, and PMC Unit Staff of the Administrative Order No. 52-2014 – Designated Bukidnon Mediation Program also took place in Executive Judges and Vice Executive Judges. 21 Malaybalay City. Circulars The Judicial Settlement Conference for Judges on OCA Cir. No. 139-2013 – A.M. No. 13-09-08-SC Judicial Dispute Resolution (a skills-based course) were (Re: Request for Guidance and/Clarification on also held for two batches in the PTC-Tagaytay. Section 7, Rule 111 of RA No. 10154 Requiring Orientations on Judicial Dispute Resolution for Clerks of Retiring Government Employees to Secure a Court and Branch Clerks of Court as well as for Public Clearance of Pendency/Non-Pendency of Case/s Prosecutors, Public Attorneys, and Law Practitioners in from the Civil Service Commission) . 29 Olongapo City completed the PMCO activities for this OCA Cir. No. 163-2013 – Issuance of Mittimus/ period. Commitment Order and Transfer of Detainees/ We also uploaded new rulings of the Supreme Court Prisoners from One Detention/Penal Facility to and reminders given on doctrinal rulings, as well as the Another for Purposes of Testifying at the Hearing or Trial of an Action . 30 newly issued Court orders, resolutions, and circulars on our website http://philja.judiciary.gov.ph. New OCA OCA Cir. No. 01-2014 – Extension on the Modified circulars were also posted. Public Prosecutors’ Compliance with the Provisions of the Judicial Affidavit Rule for Another Year, Ending In March, PHILJA celebrated its 18th Foundation Day on December 31, 2014 . 31 with a simple program imbued with our usual OCA Cir. No. 08-2014 – Revision of Restrictions on camaraderie and good cheer. Eighteen years is truly a Teaching Hours of Justices, Judges and Personnel milestone, synonymous to having entered adulthood. of the Judiciary . 32 Now an adult, PHILJA is ready to make even more OCA Cir. No. 09-2014 – Requirement of Notice to significant strides toward excellence in the Judiciary. All the Parties in Any Action or Proceedings of the If it takes a village to raise a child, then it took our Mandatory Disqualification or Voluntary Inhibition officials and staff, our corps of professors and lecturers, of the Justice or the Judge Who has Participated in the Action or Proceedings. 33 and program partners to bring PHILJA into being the leading judicial institution that it is today. I would like to OCA Cir. No. 10-2014 – Requirement of the Law on congratulate everyone for having done an excellent job Adoption Cases. 43 and for generously giving their time, talent, and even OCA Cir. No. 17-2014 – Complete Addresses/ their treasures to the Academy. Thanks, too, to the Chief Locations and Other Contact Information of the Justice and the Court En Banc for their remarkable and 43 Lower Courts. much appreciated support for all our programs and OCA Cir. No. 19-2014 – Revocation of activities. Above all, we thank the God Almighty for Memorandum Order No. 177 (S. 2005) .. 44 making all these things possible. OCA Cir. No. 38-2014 – Judicious Implementation of Court Issuances Concerning the Ban on the All the best. Issuance of TROs or Writs of Preliminary Injunctions Involving Government Infrastructure Projects . 45 ADOLFO S. AZCUNA Upcoming PHILJA Events . 48 Chancellor VOLUME XVI ISSUE NO. 61 3 Judicial Views Reflections from 4 Years as a Judge: A View from the “Boondocks” of Cam Sur Judge Soliman M. Santos, Jr. 9th MCTC of Nabua-Bato, Camarines Sur I have been a Judge of the 9th but also see the period before filing and the period after MCTC of Nabua-Bato, Camarines finality of decision, including its execution, probation, and Sur since 11 March 2010. By service of sentence. 2011, I had also become Acting Pro-Alternative Dispute Resolution Presiding Judge of the MTC of Balatan, Camarines Sur as well as Early on, I saw the need, challenge and merit of promoting Judge-Designate for referred amicable settlement and a culture of mediation vis-à-vis cases in the MTCs of Baao and a predominant local culture of litigation and the traditional Buhi, Camarines Sur and MTCC of Iriga City Branch 2 – thus adversarial mode of lawyering. Corollary to this, is the covering all the first level courts in the Rinconada judicial promotion of respect for the Katarungang Pambarangay district of Camarines Sur under the administrative system and for CAM by accredited mediators of the supervision of the RTC of Iriga City. The experience and Philippine Mediation Center (PMC). Even the public exposure at this frontline of the judiciary has been prosecutors, believe it or not, can and have played a positive invaluable, just as the hard work has been meaningful, role in ADR. As developed with the assigned public challenging and fulfilling. Allow me to share my main prosecutor in my station, one relevant preferential mode, reflections as well as some learnings and insights from this which also makes for speedy disposition, is provisional work.