Volume XX Issue No. 79 1 July–September 2018 Volume XX Issue No. 79 ISSN 2244-5862 From the Chancellor’s Desk PHILJA Chief of Office to Administration Atty. Elmer DG. Eleria, Judge Maria Rowena Modesto San Pedro, Mr. David A. Bragdon and Chief Judge Frank D. Whitney pose with the participants of the Seminar-Workshop for Judges on Financial Crimes and Money Laundering held on August 7 to 8, 2018 at Quest Hotel, Cebu City. This quarter saw the conduct of the following regular programs PHILJA also delivered the 10th Seminar-Workshop by PHILJA – the 82nd Orientation Seminar-Workshop for Newly on Deposit Insurance, Banking Practices and Bank Appointed Judges from the National Capital Judicial Region Conservatorship and Liquidation (Region XI and XII) and (NCJR) and Regions II and VII; the 38th Orientation Seminar- one Training on International Humanitarian Law for Judges, Workshop for Newly Appointed Clerks of Court (nationwide); Prosecutors and Law Enforcement Officers (Region XI). The the 15th Orientation Seminar-Workshop for Newly Appointed Training Seminar on Special Issues on the Implementation of Sheriffs and Process Servers (NCJR and Regions I, IV to the Revised Guidelines for Continuous Trial of Criminal Cases XII); the Second Orientation Seminar-Workshop for Newly continued its run with the delivery of seven batches in the Appointed Trial Court Employees (NCJR and Regions I to V); NCJR and Regions I to XII. the Orientation Seminar-Workshop for Court Decongestion The Academy also successfully piloted the Training of Officers of Beneficiary Courts of the Fourth Judicial Region; th the Outcome-based Education Training for Judges, Court the 46 Pre-Judicature Program for judicial aspirants in Davao Personnel and Duty Bearers on Juvenile Justice (OBET-JJ) with City; and the respective Career Enhancement Programs for the help of the Committee on Family Courts and Juvenile Court Librarians (nationwide), for RTC Clerks of Court (Region Concerns (CFJC) chaired by Chief Justice Teresita J. Leonardo- IV) and for RTC Sheriffs (Region X). Two batches of Career De Castro. A corresponding Training of Trainors was also held Development Programs for Court Legal Researchers from the for the members of the CFJC and selected RTC judges and NCJR and Regions III, IV, VI to VIII and X to XI rounded up these branch clerks of court. programs. We also assisted in the 20th National Convention and A number of special focus seminar-workshops were also Seminar of the Metropolitan and City Judges Association of carried out – a Capacity Building on Environmental Laws and the Philippines (MeTCJAP) held at the Blue Leaf Filipinas in the Rules of Procedure for Environmental Cases for Selected Parañaque City. Judges (Regions III to V); two Personal Security Trainings for Judges (Regions IV to VIII, and X to XII); a Seminar-Workshop PHILJA also continued to lend a hand in the Enhanced for Judges on Cybercrime (NCJR); a Seminar-Workshop for Justice on Wheels Program of the Court through the conduct Selected Judges on Financial Crimes and Money Laundering of several Information Dissemination through Dialogues (Region VII); and a Seminar Workshop on Dangerous Drugs among Barangay Officials and Court Officials in Cagayan de Law for Judges, Prosecutors and Law Enforcers (NCJR). (continued on page 2) 2 July–September 2018 From the Chancellor’s Desk (continued from page 1) Contents Oro and Oroquieta City in Mindanao, as well as in Agoo, La Union and the Province of Benguet. From the Chancellor’s Desk. 1 The Academy, through the Philippine Mediation Center Office (PMCO), also conducted a number of Judicial Views. 3 activities supporting Alternative Dispute Resolution such as Training Programs and Activities. 13 Refresher/Advanced Courses for Court-Annexed Mediators Judicial Moves. 21 (Skills Enhancement Course) in the following areas: North First Impressions. Cotabato, Sultan Kudarat, Agusan del Norte and Agusan 24 del Sur; Cagayan de Oro, Marawi, Iligan, Bukidnon, Ozamiz New Rulings. 25 and Zamboanga City; Negros Occidental and Panay; Cebu Doctrinal Reminders. 26 and Zamboanga del Norte; Cavite, Batangas, Quezon and Circulars Zambales; and Rizal, Bulacan, Laguna and Bataan. OCA Circular No. 149A-2018 – Amendment of In addition, the following activities were also held: Paragraph No. 5 of the Resolution dated June 8, 2004 a Judicial Settlement Conference for Judges on Judicial in A.M. No. 04-5-19-SC (Re: Resolution Providing Dispute Resolution (Skills-based Course) for Regions I, II Guidelines in the Inventory and Adjudication of and V; an Orientation of Clerks of Court and Branch Clerks Cases Assigned to Judges Who are Promoted or of Court on Judicial Dispute Resolution; an Orientation of Transferred to Other Branches in the Same Court Law Practitioners on Judicial Dispute Resolution (for Samar Level of the Judicial Hierarchy). 33 and Isabela participants); and an Orientation of Court Personnel and Law Practitioners on JDR (for Camarines OCA Circular No. 158-2018 – Non-Suspension of the Norte participants). Continuous Trial System in All Courts Pursuant to the Resolution dated June 26, 2018 in A.M. No. 18-03- An Orientation on the Implementation of Mediation in 09-SC (Re: Letter of Secretary Vitaliano N. Aguirre the Court of Tax Appeals for CTA Justices and staff, selected II, Department of Justice, Relative to the Request of mediators and PMC Unit Staff, and a Work Orientation and the Prosecutors League of the Philippines [PLP] and Skills Enhancement Seminar (WOSES) for PMC Unit Staff The Chief Prosecutors Association of the Philippines in Mindanao completed the PMCO’s list of trainings this [CIPROSA]). 34 quarter. OCA Circular No. 161 -2018 – Ipso Facto Revocation The PHILJA Board of Trustees (BOT) meeting was of the Authority of the Designated Assisting Judge chaired by the newly appointed Chief Justice Teresita J. to Hear and Decide Inhibited Cases Pending in Leonardo-De Castro. All members of the BOT graciously the Court Upon the Designation of an Acting welcomed our new chairperson who, as former Chair of Presiding Judge or Assumption of Duty of the Newly the Committee on Gender Responsiveness in the Judiciary Appointed Presiding Judge, with Exceptions. 34 (CGRJ) and the Committee on Family Courts and Juvenile Concerns (CFCJC), was no stranger to PHILJA. OCA Circular No. 165-2018 – En Banc Resolution dated July 10, 2018 in A.M. No. 08-8-7-SC Re: To our officials and staff, keep up the good work and Amendments in Sections 2 and 8 of the Revised congratulations on reaching these continuing milestones. Rules of Procedure for Small Claims Cases Increasing To our development partners, thank you for your the Threshold Amount of Claim from Two Hundred support as we pursue our common goals. Thousand Pesos (P200,000) to Three Hundred Thousand Pesos (P300,000) Exclusive of Interest To the Honorable Supreme Court, we are very grateful and Costs. 35 for the affirmation of PHILJA and our training programs and activities. OCA Circular No. 169-2018 – Policy to Entertain Letters Rogatory Only When Coursed through the And to God be the glory. Proper Diplomatic Channels. 37 OCA Circular No. 174-2018 – New Land Bank Account for the Victim’s Compensation Fund (VCF). 37 ADOLFO S. AZCUNA OCA Circular No. 179-2018 – Decision dated July Chancellor 31, 2018 in G.R. No. 237721 (In Re: Correction/ Adjustment of Penalty Pursuant to Republic Act No. Volume XX Issue No. 79 3 10951, in Relation to Hernan v. Sandiganbayan — Rolando Elbanbuena y Marfil, Petitioner) Providing, among Others, for the Guidelines which Shall Govern the Procedure for Actions Seeking (1) the Modification, Based on the Amendments Introduced by RA No. 10951, of Penalties Imposed by Final Judgments; and (2) the Immediate Release of the To the Frontiers and Beyond: Assessing the Refugee Petitioner-Convict on Account of Full Service of the Crisis and Large-Scale Human Migration within the Penalty/Penalties, as Modified. 38 ASEAN Context* ** OCA Circular No. 183-2018 – Copies of Decision, Writs of Eviction/Demolition and/or Orders of Similar MARIA JOSEFINA G. SAN JUAN-TORRES*** Report Issued in Cases Involving UnderpriviIeged and Homeless Citizens as Defined under Republic Act No. “ By any measure this is an unacceptable number.” 7279, otherwise Known as the “Urban Development - Filippo Grandi, UN High Commissioner for Refugees Housing Act of 1992” to be Furnished the Office of the President, the Presidential Commission for Abstract the Urban Poor, the National Urban Poor Sectoral Council-National Anti-Poverty Commission, and the “War, violence and persecution have uprooted more people Concerned Local Government and Local Housing around the world than at any time in the seven-decade history Board. 38 of United Nations High Commissioner for Refugees x x x.”1 OCA Circular No. 194-2018 – Approval of the Rule on Towards the end of 2016, (around) 65 million individuals Precautionary Hold Departure Order. 39 were forcibly displaced worldwide (compared to 59.5 million just 12 months earlier) as a result of conflict, persecution, OCA Circular No. 200-2018 – First and Second Level violence, or human rights violations, and the world’s forcibly Court Staffing Survey in Relation to the Revised displaced population remained at a record high.2 On average, Guidelines for Continuous Trial of Criminal Cases. 41 about “20 people were forced to flee their homes each minute in 2016, or one every three seconds—less than that time it OCA Circular No. 203-2018 – Submission of Report of takes to read this sentence.”3 Accountability for Accountable Forms (RAAF). 45 Given this alarming rate of large scale human OCA Circular No. 204-2018 – Approval of the displacement, with people forced to flee their homes and Proposed Amendments to the Revised Rule on fearing for their lives, whether within the recesses of their Children in Conflict with the Law Pursuant to the country or traversing international borders, it is a legal and Supreme Court En Banc Resolution dated June 26, humanitarian nightmare to think about where they would go, 2018 (Re: Rule on Juveniles in Conflict with the Law) 47 what their future would be, and how they can rebuild their OCA Circular No.