The PHILJA Judicial Journal The PHILJA Judicial Journal is published twice a year by the Research, Publications and Linkages Office of the Philippine Judicial Academy (PHILJA). The Journal features articles, lectures, research outputs and other materials of interest to members of the Judiciary, particularly judges, as well as law students and practitioners. The views expressed by the authors do not necessarily reflect the views of either the Academy or its editorial board. Editorial and general offices are located at PHILJA, 3rd Floor, Centennial Building, Supreme Court, Padre Faura St., Manila. Tel. No.: 552-9524 Telefax No.: 552-9628 E-mail: [email protected]; [email protected] CONTRIBUTIONS. The PHILJA Judicial Journal invites contributions. Please include the author’s name and biographical information. The editorial board reserves the right to edit the materials submitted for publication. Copyright © 2010 by The PHILJA Judicial Journal. All rights reserved. For more information, please visit the PHILJA website at http://philja.judiciary.gov.ph. SUPREME COURT OF THE PHILIPPINES CHIEF JUSTICE Hon. REYNATO S. PUNO ASSOCIATE JUSTICES Hon. ANTONIO T. CARPIO Hon. RENATO C. CORONA Hon. CONCHITA CARPIO MORALES Hon. MINITA V. CHICO-NAZARIO Hon. PRESBITERO J. VELASCO, Jr. Hon. ANTONIO EDUARDO B. NACHURA Hon. TERESITA J. LEONARDO-DE CASTRO Hon. ARTURO D. BRION Hon. DIOSDADO M. PERALTA Hon. LUCAS P. BERSAMIN Hon. MARIANO C. DEL CASTILLO Hon. ROBERTO A. ABAD Hon. MARTIN S. VILLARAMA, Jr. COURT ADMINISTRATOR Hon. JOSE P. PEREZ DEPUTY COURT ADMINISTRATORS Hon. NIMFA C. VILCHES Hon. JOSE MIDAS P. MARQUEZ Hon. JESUS EDWIN A. VILLASOR CLERK OF COURT Atty. MARIA LUISA D. VILLARAMA ASSISTANT COURT ADMINISTRATORS Atty. THELMA C. BAHIA ASSISTANT CLERK OF COURT Atty. FELIPA B. ANAMA DIVISION CLERKS OF COURT Atty. ENRIQUETA E. VIDAL Atty. MA. LUISA L. LAUREA Atty. LUCITA A. SORIANO PHILIPPINE JUDICIAL ACADEMY Board of Trustees Hon. REYNATO S. PUNO Chief Justice Chairperson Hon. ANTONIO T. CARPIO Senior Associate Justice, Supreme Court Vice Chairperson Members Hon. ADOLFO S. AZCUNA Hon. JOSE P. PEREZ Chancellor Court Administrator Hon. CONRADO M. VASQUEZ, Jr. Hon. MA. CRISTINA G. CORTEZ-ESTRADA Presiding Justice, Court of Appeals Presiding Justice, Sandiganbayan Hon. ERNESTO D. ACOSTA Hon. ANTONIO M. EUGENIO, Jr. Presiding Justice, Court of Tax Appeals President, Philippine Judges Association Dean PERRY L. PE President, Philippine Association of Law Schools Executive Officials Hon. ADOLFO S. AZCUNA Hon. JUSTO P. TORRES, Jr. Chancellor Vice Chancellor Hon. MARINA L. BUZON Executive Secretary Heads of Offices Hon. JUSTO P. TORRES, Jr. Hon. DELILAH V. MAGTOLIS Administrative and Finance Office Academic Affairs Office Associate Dean SEDFREY M. CANDELARIA Hon. MARINA L. BUZON Research, Publications and Linkages Office Acting Chief of Office, Philippine Mediation Center Chairpersons, Curricular Departments Hon. ADOLFO S. AZCUNA Chairperson Dean PACIFICO A. AGABIN Prof. RUBEN F. BALANE Constitutional Law Civil Law Hon. LUCAS P. BERSAMIN Hon. EDILBERTO G. SANDOVAL Remedial Law Criminal Law Hon. JOSE P. PEREZ Hon. HILARION L. AQUINO Court Management Ethics and Judicial Conduct Dean CESAR L. VILLANUEVA Dr. PURIFICACION V. QUISUMBING Commercial Law International and Human Rights Law Fr. RANHILIO C. AQUINO Prof. MYRNA S. FELICIANO Jurisprudence and Legal Philosophy Legal Method and Research Associate Dean SEDFREY M. CANDELARIA Atty. EMMANUEL L. CAPARAS Special Areas of Concern Court Technology Prof. ALFREDO F. TADIAR Hon. JAINAL D. RASUL Alternative Dispute Resolution Shari’a and Islamic Jurisprudence Judicial Reforms Groups Hon. ADOLFO S. AZCUNA Presiding Officer Justice Adolfo S.Azcuna Chancellor Prof. Sedfrey M. Candelaria Editor in Chief Editorial and Research Staff Atty. Ma. Melissa Dimson-Bautista Arsenia M. Mendoza Armida M. Salazar Jocelyn D. Bondoc Ronald Paz Caraig Christine A. Ferrer Joanne Narciso-Medina Sarah Jane S. Salazar Charmaine C. Saltivan Jeniffer P. Sison Circulation and Support Staff Romeo A. Arcullo Lope R. Palermo Daniel S. Talusig Printing Services Leticia G. Javier and Printing Staff Public Information Office (Photography) Francisco Gutierrez Supreme Court of the Philippines Manila FROM THE CHAMBERS OF: Renato C. Corona CHIEF JUSTICE Foreword Special thanks and congratulations are due to Justice Ameurfina A. Melencio Herrera and the Philippine Judicial Academy, which she headed as Founding Chancellor for some 13 years, for this publication in a single volume of her thoughts and discourses on a range of subjects of interest to lawyers, judges and the public at large. The coverage is truly phenomenal. From training for judges to human rights, from gender sensitivity to science and the law, from ADR to the environment, these are all treated with characteristic depth, thoroughness and eloquence. On behalf of the Supreme Court and the Philippine Judiciary, I express our sincerest gratitude to Justice Herrera for her selfless and continuing service to our people as Judge, Justice and Judicial Academician. For even today, she continues to help out in PHILJA as Co- Chair of the Philippine Development Center–Project Implementation Committee (PDC-PIC) tasked with overseeing the making of a new training facility in Tagaytay City and of the PHILJA Training Center (PTC) that will run the facility. I, therefore, urge all stakeholders of our Justice system to avail of this singular opportunity to drink, as it were, from this fountain of wisdom and learning offered in this wonderful collection. Again, congratulations to one and all for this splendid publication. Philippine Judicial Academy Manila FROM THE DESK OF: Adolfo S, Azcuna CHANCELLOR Introduction The publication Perspectives in Judicial Education, a selection of speeches and writings by Justice Ameurfina Aguinaldo Melencio Herrera, captures her thoughts on judicial education gleaned from being at the helm of the Philippine Judicial Academy for 13 productive years. It is a rare chronicle of PHILJA’s journey in the development of judicial education commencing with the painstaking crafting of curricula and planning of training programs, primarily for judges, and culminating in its well-deserved recognition as a model for judicial institutions worldwide. In her speeches, Justice Herrera traces the steps taken by the committed women and men under her leadership to promote judicial excellence. She thanks the legal luminaries who selflessly impart their expertise using the latest tools and methodology in judicial education. She speaks proudly of PHILJA’s programs that are consistently rated as highly valuable and relevant to the fulfillment of its mandate as the judiciary’s education arm. Straightforwardly and concisely, she commends those in the audience who have chosen the path to public service, particularly the judges who face the daunting task of adjudication. To the judges, her message is clear – the power of the bench demands not only integrity, independence, and competence; it also requires sacrifice of self, a deep sense of accountability, and a continuing desire to excel in judicial performance. She inspires the participants to rise above difficult work circumstances. She challenges those in the judiciary, regardless of rank or gender, to take to heart the learning opportunities offered by the Academy. On occasion, she makes her listeners smile with her sense of humor while she reveals the Academy’s countless concerns and its decisive resolution of complexities in its programs. She conveys unwavering optimism that the Academy will continue to be forward-looking as it keeps pace with the best judicial institutions in the world. Above all, her writings express her deep love of country and her full support for a credible and independent judiciary sensitive to the people’s needs. Each of the speeches is a must-read, not only for the historical data on the Philippine Judiciary and the development of judicial education, but also for the abundant wisdom that suffuses it. Table of Contents Chapter 1 : On PHILJA A. Groundbreaking: Sowing the Seed . 3 B. PHILJA: Its Purpose and What It Does . 6 C. The Institutionalization of Judicial Education. 16 D. The Impact of the Judicial Academy on the Administration of Justice vis-à-vis the Formation of Judges. 22 E. The Long and Anxious Years. 29 F. A Glimpse of the Future. 34 G. The Philippine Judicial Academy: Looking Forward, Forward-Looking. 37 H. PHILJA Professors: Realizing the Vision. 44 I. Our Boundless Appreciation. 46 Chapter : On Training for the Judiciary A. A New2 Kind of a Judge . .. 53 B. The Personality of a Judge. 56 C. On Becoming a Judge. 59 D. Performance, Accountability, and Judicial Independence. 62 E. From Values-free to Values-driven Professionals . 65 F. A Call for Socially Sensitized Judges. 67 G. Gearing Up for Judicial Life . 71 H. Bridging the Transition from Bar to Bench. 74 I. Assessing Judicial Performance. 78 J. The Blessings of Judicial Education. 81 K. Commencing the Pre-Judicature Program . 84 M. The Pre-Judicature Program: A Liberal Education . 87 On Building and Enhancing : Chapter 3 Capacity of Judges A. Building Capacities . 93 B. Judicial Career Development Program for RTC Judges. 96 C. Dealing With Public Disenchantment. 99 D. Facing the Millennium Challenge . 101 E. Exploring Avenues for Growth . 104 F. A Strong and Steadfast Judiciary. 107 G. Judicial Career Enhancement Program: An Advanced Course . 109 H. For A Climate of Trust and Respect. 113 I. A Crusade Against Corruption. 115 J. Harvesting Judicial Credibility. 118 K. White Collar Crimes . 120 L On the Revised Rules on Criminal Procedure . 123 M. Administrative Adjudication. 126 N. Comprehensive Dangerous Drugs Act of 2002. 129 O. Embarking on Distance Education. 132 P. Grave Abuse of Discretion . 135 Q. Training Needs Assessment. 138 R. Corps of Professors: Plenary on Judicial Education and Judicial Learning . 141 S. PHILJA and the San Beda Graduate School of Law: A Consortium . 144 Chapter 4 : On Court Management A. The Power of the Judge: Taking Control of the Courtroom . 149 B. Case Flow Management. 152 C. On Criminal Court Management . 155 D. Live-Link Television in the Courts . 158 E. Electronic Raffling of Cases .