Volume XVIII Issue No. 70 1 April–June 2016 Volume XVIII Issue No. 70 ISSN 2244-5862 From the Chancellor’s Desk It was business as usual for PHILJA in the months of April, May and June 2016. Various regular programs such as the respective Orientation Seminar-Workshops for Newly Appointed Judges (75th and 76th), for Newly Appointed Clerks of Court (31st), and for Newly Appointed Sheriffs and Process Servers (8th) were successively held, along with an Orientation Seminar for Judges and Court Decongestion Officers (2 batches). Two Pre-Judicature Programs (37th and 38th), a Career Development Program for Court Legal Researchers of the Visayas, a Judicial Career Enhancement Program for First Level Court Judges of Region XI, and the Career Enhancement Programs for Court Judges listen as a COMELEC representative explains the features of the Vote Librarians and Regional Trial Court Sheriffs of the NCJR (Batch Counting Machine (VCM) during one of the four seminars on election laws 4) were likewise conducted during this quarter. for judges conducted by the Academy in April at the PHILJA Training Center, Tagaytay City. The Training Seminar on the 2016 Revised Rules of Civil Procedure for Small Claims Cases for the First Level Court made Legal Researchers, Social Workers and Law Enforcement up a good part of our special focus programs at this time as we Investigators Handling Trafficking in Persons Cases (ACET-TIP) carried out six such activities for Judges and their respective was launched in a well-attended affair which was graced by Chief Clerks of Court of Judicial Regions II, III, IX, XI, X and XII, and Justice Maria Lourdes P. A. Sereno and Australian Ambassador one exclusively for the Clerks of Court of Judicial Region I. Amanda Gorely. Australia–Asia Program to Combat Trafficking A significant number of other special focus seminar- in Persons (AAPTIP), our program partner in the fight against workshops were also carried out such as the Training of TIP, had their key officials Mr. Willem Pretorius and Ms. Krystal Trainers (TOT) for the Competency Enhancement Training for Thompson fly in from their Headquarters in Bangkok, Thailand Judges, Prosecutors, Social Workers, and Law Enforcement to attend the launch. Investigators Handling Online Sexual Exploitation of Children In the curriculum review front, the Validation Workshop Cases (CET-OSEC) which was followed by the pilot of the Program with the Academic Council as well as the Fifth Plenary Assembly itself; two batches of Competency Enhancement Training for of the PHILJA Corps of Professors and Lecturers also took place Judges and Court Personnel Handling Cases Involving Children this quarter. (CET-Child); a Seminar-Workshop on Dangerous Drugs Law for The 2016 Founding Chancellor Emeritus Justice Ameurfina Judges, Prosecutors and Law Enforcers of Judicial Region IV; A. Melencio Herrera Award for the Most Outstanding four batches of Seminar on Election Laws for Judges; Seminar- Professorial Lecturer was delivered by Prof. Sedfrey M. Workshop for Selected Judges on Financial Crimes and Money Candelaria, Dean of the Ateneo School of Law and Head of our Laundering; and a Seminar on the Financial Liquidation and Research, Publications and Linkages Office. The topic was“The Suspension of Payments (FLSP) Rules of Procedure for Court of Millennial Judge: Judicial Education at the Crossroads.” Appeals Justices (Cebu City Station), Special Commercial Court th Judges and Pairing Court Judges of Regions VI to VIII were also The Academy extended a helping hand in the 17 National held. Convention and Seminar of the Philippine Association of Court Employees (PACE). In keeping with the changing times, PHILJA introduced relevant training in the field of Cybercrime such as the Basic The Academy, through the Philippine Mediation Center and Advanced Judicial Training on Cybercrime for Judges Office (PMCO), also conducted a handful of activities supporting and held the Judiciary Conference on Cybercrime. Our Alternative Dispute Resolution such as a Basic Mediation program partner for this activity is the Council of Europe Course for the Nueva Vizcaya, Quirino and Aurora Mediation ( C O E ) – G l o b a l A c ti o n o n C y b e r c r i m e ( G L A C Y ) P r o j e c t . Programs; a Refresher/Advanced Course for Court-Annexed Last June, the Module and Handbook on the Advanced Mediators (Skills Enhancement Course) for the Misamis Competency Enhancement Training for Judges, Prosecutors, (Continued on page 2) 2 April–June 2016 Contents Orders Memorandum Order No. 24-2016 – Appointing the SC From the Chancellor’s Desk . 1 Deputy Division Clerk of Court in the Office of the Division Clerk of Court, Third Division . 43 Judicial Views . 3 Memorandum Order No. 28-2016 – Creating the Judiciary- Training Programs and Activities . 8 Wide Committee on Health Care Benefits of Justices, Judges and Certain High Level Officials of the Judiciary . 43 Judicial Moves . 22 Administrative Order No. 67-2016 – Creation of First Impressions . 24 Performance Management Teams (PMTS) in the Supreme Court, Court of Appeals, Sandiganbayan, Court of Tax Doctrinal Reminders . 24 Appeals and Lower Courts . 44 Resolutions Administrative Order No. 121-2016 – Creating Task A.M. No. 03-03-03-SC – Amendment of A.M. No. 03- Force Katarungan at Kalayaan in the National Capital 03-03-SC Dated June 17, 2003, For the Expansion of the Judicial Region . 45 Coverage of Cases Cognizable by Special Commercial Courts . 32 Third Quarter Training Programs and Activities . 48 Circulars From the Chancellor’s Desk OCA Circular No. 75-2016 – Guidelines on On-the-Job (Continued from page 1) Training and Legal Apprenticeship Program for College and Law Students in the Lower Courts . 33 Oriental, Misamis Occidental, Lanao del Sur, Zamboanga del OCA Circular No. 76-2016 – Guidelines on the Holding of Norte and Zamboanga del Sur Mediation Programs; the Lanao Organization Activities . 34 del Norte and Bukidnon Mediation Programs; the La Union, OCA Circular No. 87-2016 – Prohibition Against the Benguet and Pangasinan Mediation Programs, as well as the Issuance of Injunctions or Restraining Orders Against Panay and Bacolod Mediation Programs. Two batches of the Government Agencies Enforcing Environmental Laws Work Orientation and Skills Enhancement Seminar (WOSES) and Preventing Violations Thereof . 35 for PMCU Staff were also held, along with the respective OCA Circular No. 88-2016 – Delegation by the Chief of Orientation Conference with Stakeholders on Court-Annexed the Philippine National Police of Authority to Personally Mediation for Agusan del Norte and Agusan del Sur Mediation Endorse or Authorize Applications for Search Warrants Programs. A Pre-Internship Orientation and Meeting with to Key Officers . 35 Judges, Clerks of Court, Branch Clerks of Court, Mediation OCA Circular No. 105-2016 – Posting of Notices Trainees and PMC Unit Staff for the Nueva Vizcaya and Quirino Announcing the Observation of the Records Disposal Mediation Programs likewise took place. Period for the Whole Month of July 2016 . 36 The following activities in furtherance of Judicial Dispute OCA Circular No. 122-2016 – Records Retrieval Request Resolution (JDR) were also held by the PMCO: two batches Form for the Retrieval of Residual Records under A.M. of Judicial Settlement Conference for Judges (Skills-based No. 07-3-09-SC . 37 Course); two batches of Orientation of Clerks of Court and OCA Circular No. 128-2016 – Forms to be Accomplished Branch Clerks of Court and two batches of Orientation of and Submitted in Recommending Applicants for Prosecutors, Public Attorneys, and Law Practitioners. Vacancies in the Lower Courts . 39 OCA Circular No. 131A-2016 – Unauthorized Practice of We also took note of new rulings, doctrinal reminders, Consolidation and Lumping of Newly-Filed Cases Prior to resolutions, circulars, and orders of the Court as well as of the Raffle . 40 Office of the Court Administrator. OCA Circular No. 139-2016 – Supplement to OCA To our officials and staff, keep up the good work and let us Circular No. 128-2016 Re: Forms to be Accomplished and continue giving our best to the Academy. Submitted in Recommending Applicants for Vacancies in the Lower Courts . 40 To our development partners, thank you for your valuable OCA Circular No. 140-2016 – Amendment to OCA support as we pursue our common goal. Circular No. 71-2003, Guidelines in the Submission To the Supreme Court, we are very grateful for the of Performance Rating for Lower Court Officials and unwavering support to PHILJA in all our training programs and Personnel . 40 activities. OCA Circular No. 141-2016 – Internship Program for All the best. Mediation Trainees on Court-Annexed Mediation . 42 OCA Circular No. 142-2016 – Internship Program for ADOLFO S. AZCUNA Mediation Trainees on Court-Annexed Mediation . 42 Chancellor Volume XVIII Issue No. 70 3 Children in Conflict with the Law and Court Diversion Procedure: Restorative Justice in Action* ** Hon. ANGELENE MARY W. QUIMPO-SALE Presiding Judge Regional Trial Court, Branch 106, Quezon City II. REPUBLIC ACT NO. 9344 detention in jails and provides for alternatives to detention. It Republic Act No. 9344 was passed by the two Houses of lays down the procedure in taking the child into custody and, Congress on March 22, 200619 and was approved by President for the first time, expressly and specifically provides that the Gloria Macapagal-Arroyo on April 23, 2006. It took effect on child undergo diversion proceedings before the Katarungang May 20, 2006.20 Pambarangay or the police or Public Prosecutor as well as the court, whenever applicable. For children in conflict with the The law, establishes a Comprehensive Juvenile Justice law not subject to diversion proceedings and whose cases and Welfare System and covers the “different stages involving go to trial, the law grants the child the benefit of automatic children at risk and children in conflict with the law from suspension of service of sentence and, furthermore, provides 21 prevention to rehabilitation and reintegration.” A “child at for disposition measures that will facilitate the return and risk” is defined as a child who is vulnerable to and at risk of reintegration of the child to his family and the community.