JANUARY-MARCH 2013 VOLUME XV ISSUE NO. 57 ISSN 2244-5862 From the Chancellor’s Desk Contents From the Chancellor’s Desk . 1 2013 began with PHILJA hardly breaking its stride Trainings, Programs and Activities . 3 after having had a good run in 2012. Two consecutive Orientation Seminar-Workshops for Newly New Rulings . 18 Appointed Judges (the 64th and the 65th) and one Doctrinal Reminders . 19 Orientation Seminar for Newly Appointed Clerks of Court (the 25th) opened the year. The JCEP or the Orders Judicial Career Enhancement Program for Judges, one of the PHILJA core programs, was also conducted Administrative Order No. 27-2013 . 22 for magistrates in Region IX and in Region III. Circulars Legal Researchers in Regions V and VII likewise had their training via the Career Development OCA Cir. No. 05-2013 – Modification of the Public Program. As it is MCLE Compliance season once again, Prosecutors’ Compliance with the Provisions on the Judicial Affidavit Rule . 22 the Academy also mounted, for the benefit of lawyers employed in the judiciary, the Continuing OCA Cir. No. 07-2013 – Timely Submission of Legal Education Program for Court Attorneys in the Certificates of Service of Judges and Daily Time Court of Appeals Mindanao and Visayas stations, as Records (DTRs)/Bundy Cards of Personnel of the well as for those in the Sandiganbayan and the Court Lower Courts . 23 of Tax Appeals. OCA Cir. No. 08-2013 – Reiterating Security The Ninth Metrobank Foundation Professorial Protocol for the First and Second Level Courts . 24 Chair Lecture entitled “Towards a More Forward- OCA Cir. No. 18-2013 – Guidelines in the Looking Insolvency System” was delivered by 2012 Implementation of the Automated Payroll System Chairholder Atty. Francis Ed. Lim, member of our in the Multi-Sala Regional Trial Courts Outside the Commercial Law Department and Senior Co- National Capital Judicial Region and the Municipal Managing Partner of the Angara Abello Concepcion Trial Courts in Cities in All Judicial Regions . 25 Regala & Cruz Law Offices (ACCRALAW). OCA Cir. No. 24-2013 – Guidelines on the Use of By way of our Special Focus Programs, the Mobile Broadband Sticks and Official Email . 27 following activities were held: Capacity Building on Environmental Law and the Rules of Procedure for OCA Cir. No. 40-2013 – Issuance of Mittimus or Commitment Order, Other Documents Needed Environmental Cases for the Court of Appeals in for the Transfer of Insular Prisoners from the Tagbilaran, Bohol; Seminar-Workshop for Judges on Bureau of Jail Management and Penology to the Various Laws Relating to Court Technology (for New Bilibid Prison of the Bureau of Corrections in Regions I and II, III, IV and V); Lecture Fora on the Compliance with OCA Circular No. 4-92-A . 28 New Judicial Affidavit Rule for judges, court OCA Cir. No. 41-2013 – Dangerous Drugs Board, personnel, prosecutors, public attorneys and IBP Board Regulation No. 3, Series of 2008 . 29 members in the Ilocos Region, Tacloban City, Samar and Leyte, as well as in Misamis Oriental, Baguio- OCA Cir. No. 44-2013 – Amendment of OCA Circular Benguet, La Union, and Pangasinan. No. 74-2010 Guidelines in the Submission of Applications for Appointment in the Lower Courts. 30 Upcoming PHILJA Events . 32 (Next page) 2 JANUARY-MARCH 2013 From the Chancellor’s Desk (Continued from page 1) In addition, the Academy also conducted the The Academy, thru the Philippine Mediation following: Personal Security Training for Selected Center Office (PMCO), conducted a number of Judges at the PHILJA Training Center in Tagaytay City; activities in support of Alternative Dispute Resolution training on Increasing Judicial Efficiency: Seminar- such as: a Refresher/Advanced Course for Court- Workshop for Judges on the Effective Use of the Annexed Mediators for the Camarines Sur Mediation Benchbook for Philippine Trial Courts (revised and Program; an Orientation Conference with expanded); Seminar-Workshop on Strengthening Stakeholders on Court-Annexed Mediation for the Judicial Integrity and Rule of Law for Executive Judges Bohol Mediation Program, as well as the Orientation and Single Sala Court Judges of Regions X, XI and XII; and Screening of Prospective Mediators and PMC Unit Competency Enhancement Training (CET) for Judges Staff, also in Bohol; and a Judicial Settlement and Court Personnel Handling Cases Involving Conference for Judges on Judicial Dispute Resolution Children; and the roll-out of the Competency in Tagaytay City. Enhancement Training for Judges, Prosecutors, Social We likewise continued taking note of new rulings Workers and Law Enforcement Investigators Handling of the Supreme Court and kept up with the doctrinal Trafficking in Persons Cases (CET-TIP) for Cebu City, in reminders, as well as newly issued Court orders, partnership with the International Justice Mission- resolutions, and circulars in our website. We also took Cebu. note of new OCA circulars. We also partnered with the Philippine Women In closing, I would like to quote the Knight’s Oath Judges Association (PWJA) for the conduct of their from Kingdom of Heaven, a film about Jerusalem 18th National Convention and Seminar in Palo, Leyte, during the Crusades: the theme of which was Kababaihan para sa Katarungan at Kalikasan. Be without fear in the face of your enemies. Be brave and upright that God may love thee. Speak the truth PHILJA also continued to support the Court’s always, even if it leads to your death. Safeguard the Enhanced Justice on Wheels (E-JOW) Program with helpless and do no wrong—that is your oath. the conduct of Information Dissemination through a Dialogue with Barangay officials and Court officials in All the best. Binangonan, Rizal. ADOLFO S. AZCUNA Chancellor PHILJA Chancellor Adolfo S. Azcuna, Justice Delilah V. Magtolis, Chief of Office for Academic Affairs, and Court of Appeals Justice Myra G. Fernandez with the participants of the 65th Orientation Seminar-Workshop for Newly Appointed Judges. VOLUME XV ISSUE NO. 57 3 TRAININGS, PROGRAMS AND ACTIVITIES Lecture–Forum on the New Judicial Affidavit Rule On September 4, 2012, the Supreme Court En Banc approved the Judicial Affidavit Rule in A.M. No. 12- 8-8-SC which took effect on January 1, 2013. The adoption of the Rule was recommended by the Supreme Court Committee on the Revision of the Rules of Court, headed by Senior Associate Justice Ninth Metrobank Foundation Antonio T. Carpio, and its Subcommittee, headed by Professorial Chair Lecture Associate Justice Roberto A. Abad. The Rule seeks to The Metrobank Foundation Professorial Chair Lecture is fully address case congestion and delays in courts, endowed by the Metrobank Foundation, Inc. to assist PHILJA’s given the volume of cases filed each year and the judicial education programs by providing grants to its Corps of slow and cumbersome trial process. Professors to write and publish treatises with innovative The Philippine Judicial Academy conducted four concepts and approaches in designated areas of law. Since 2004, lecture–forums which aimed to familiarize judges and nine PHILJA Professors have delivered professorial chair lectures stakeholders with the salient features of the new in various fields of law. Rule and to open for discussion possible issues and On January 25, 2013, PHILJA conducted the Ninth concerns in its implementation. It ensures to Metrobank Foundation Professorial Chair Lecture featuring the accomplish the very main objective – the efficient, topic “Toward a More Forward-Looking Insolvency System.” The effective and expeditious disposition of cases. lecture was delivered by Professor Francis Ed. Lim, the 2012 Justice Abad discussed the salient points of the holder of the Metrobank Foundation Professorial Chair in new Rule including: functions of judicial affidavits; Commercial Law. In attendance were 336 participants how and when the affidavits are submitted; language comprising justices of the Supreme Court, Court of Appeals, to be used for the affidavits; contents of the affidavits; Sandiganbayan and Court of Tax Appeals; SC, CA and PHILJA consequence of false attestation; and application of officials and personnel; selected judges of the NCJR; and other the rule to criminal actions. An open forum capping guests. each activity gave the participants opportunity to In his opening remarks, Justice Arturo D. Brion mentioned raise questions on the new Rule. that the Financial Rehabilitation and Insolvency Act (FRIA) of Below is a summary of participants comprising 2010 (RA No. 10142) is “an innovation as it redefined court- judges, clerks of court, prosecutors, PAO lawyers, supervised and pre-negotiated rehabilitation; introduced out- and IBP members who attended the lecture–forums: of-court rehabilitation; and has incorporated into our legal system the Model Law on Cross-Border Insolvency of the United Date of Venue Area No. of Nations Center for International Trade and Development.” The Lecture-Forum Participants subcommittee that drafted FRIA’s implementing rules, Jan. 18, 2013 Fort Ilocandia Region I 153 composed of Justice Estela M. Perlas-Bernabe, Justice Japar B. Laoag City (49 judges) Dimaampao, Justice Apolinario D. Bruselas, Jr., Judge Reynaldo Jan. 25, 2013 The Oriental Region VIII 208 B. Daway, IPO Director General Ricardo Blancaflor, and Leyte Hotel (44 judges) Professor Lim, is waiting for the completion of responses from Palo, Leyte major stakeholders. The Rules are expected to be approved, March 1, 2013 Mallberry Suites Region X 244 Business Hotel (68 judges) promulgated, and made effective by June of this year. Professor Cagayan de Lim discussed the topics: importance of having an effective Oro City insolvency system; international best practices; Philippine March 8, 2013 Forest Lodge Baguio- 256 Insolvency Law under Republic Act No. 10142; and additional The Manor Benguet (57 judges) Camp John Hay La Union key components for an effective insolvency system. Senator Baguio City Pangasinan Edgardo J. Angara and Atty. Monico V. Jacob, Former Commissioner of the Securities and Exchange Commission, gave their reactions to the lecture. 4 JANUARY-MARCH 2013 17th PHILJA Founding Anniversary The Model Employees were: Supervisory Level — Atty.