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.” OCA Circular No. 223-2015 – Monthly Submission 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