The Court of Appeals Journal M A Volume XV, No. 2 Manila, Philippines April– July 2015 N I L A “Retirement is a reward for a lifetime of hard work. Retirement may “Do not go where the path may lead, go instead where there is no be an ending, a closing, but it is also a new beginning." path and leave a trail .” These words of Ralph Waldo Emer- -Catherine Pulsifer son are more or less akin to Robert Frost's line that “ of two roads leading to Last June 11, 2015, the Court of the woods, I choose the road less traveled by Appeals honored one of its esteemed for it makes the big difference. ” These Justices, Justice Hakim S. Abdulwahid would best describe Justice Dicdican's on the occasion of his retirement, philosophy in life. A non-conformist, after twelve (12) long years of pro- he marched to the beat of a different ductive service. drum and willingly explored the un- known. After all, for him, risks also Justice Abdulwahid was born in Talisay, Sibutu, present great opportunities for rewarding outcomes. Along Tawi-Tawi, on June 12, 1945. On March 27, 1981, he with hard work and perseverance, he believes that they married Naida Edding Abdulwahid of Zamboanga del would result in big accomplishments that are well-worth CEBU Norte, with whom he has four (4) daughters, namely, the sacrifices. Zahra, Shahana, Entezar and Benazir. He was recently blessed with a grandson, Mohammad Yusuf Basman, a.k.a The success of Justice Dicdican did not happen “Kimmy Boy”. overnight. Born on July 4, 1945 at Cawayan, Dalaguete, Cebu, Justice Isaias Perez Dicdican came from a poor Continued next page Continued on p 4 Inside this Issue CDO This year, two (2) new Associate Justices were appointed to the Court of A Closer Look at Justice Veloso . 3 Appeals to fill up the vacancies left by the retirement of Justices Amelita G. Her Work of Art . 5 Tolentino and Vicente E. Veloso. The new Atenean Associate Justices Ger- In Memoriam: J. MP Elbinias . 6 mano Francisco D. Legaspi and Ronaldo B. Martin were appointed to the Eulogy for PJ Vasquez, Jr. 7 Court on January 8, 2015 and May 5, 2015, respectively. The “Write” Man for the Job . 8 2015 Ulirang Ina Awardee . 9 Memoirs of a Baguio Session . 11 Editorial . 12 Update on CA 80th Anniversary . 13 CA-GAD Intensive Training . 15 CA Conducts Firearm Training . 16 CA Day Care Center . 17 CA Team Building . 18 Newly-appointed CA Associate Justice Newly-appointed CA Associate Germano Francisco D. Legaspi Justice Ronaldo B. Martin Recent Rulings of the CA . 20 Continued next page 2 Court of Appeals Journal Court of Appeals Journal 23 J. Abdulwahid from page 1. CA Welcomes… from p. 1 the above-mentioned case,” ensures the payment of the monetary intent and effect of the law is to exclude the change of first Justice Abdulwahid obtained his degrees in Bache- ASSOCIATE JUSTICE GERMANO FRANCISCO D. L EGASPI award in the event that the NLRC renders a decision in fa- name from the coverage of Rules 103 (Change of Name) lor of Arts, major in Political Science (1967), and Bachelor vor of petitioner. and 108 (Cancellation or Correction of Entries in the Civil of Laws (1971) from the University of the Philippines as a Justice Legaspi obtained his Bachelor of Arts de- Registry) of the Rules of Court, until and unless an adminis- scholar of the then Commission on National Integration. gree, major in Philosophy from the University of the Philip- Incontestably, there was substantial compliance. As the ap- trative petition for a change of name is first filed and subse- He was admitted to the Philippine Bar in 1972. pines in 1991 and his Juris Doctor degree from the Ateneo peal was duly perfected, the NLRC did not err in giving due quently denied. It likewise lays down the corresponding de Manila University in 1995. He was admitted to the Bar course to it. venue, form and procedure. In sum, the remedy and the Justice Abdulwahid was a professor at the Western on April 16, 1996. In 2006, Justice Legaspi successfully proceedings regulating change of first name are primarily completed the Master in National Security Administration Mindanao State University College of Law. He served as the (Mary Jean P. Loreche-Diao, Petitioner vs. National Labor Relations administrative in nature, not judicial. program of the National Defense College of the Philippines. Clerk of Court of the then Court of First Instance of Zam- Commission (8 th Division), Capitol University Medical City, Inc. (CUMC), Mrs. Rosalinda R. Deleste and Dr. Jesus Jardin, Respon- The lower court can only assume jurisdiction over the same boanga City, which was presided by the late Judge Abdulwa- He started his career in the judiciary as court attor- dents, CA GR SP No. 05147-MIN, November 13,2014) case by way of appeal after such petition had been filed and hid A. Bidin, who eventually became Associate Justice of ney in the offices of Supreme Court Justice Florenz D. Re- denied by the concerned Municipal or City Civil Registrar. the Supreme Court. Later, Justice Abdulwahid served as an galado (1996-1998) and Justice Reynato S. Puno (1998- Executive Labor Arbiter of the National Labor Relations 2003). In 2003, he was appointed judge of Branch 17, Met- REMEDIAL LAW; JURISDICTION; DOCTRINE OF [In Re: Petition for Change of Name from Santiago B. Buot to Commission and then promoted as Regional Director of the ropolitan Trial Court, Manila, and later served as 3rd Vice PRIMARY JURISDICTION; CHANGE OF FIRST Sammy Santiago B. Buot, Soledad Bulado Buot, for him and in be- Department of Labor and Employment, Region IX. Executive Judge of the MeTC Manila from 2007 to 2008. NAME (R.A. 9048); The Municipal or City Registrar has half of Her Son, Santiago B. Buot, petitioner-appellee vs. Republic of He was promoted as Presiding Judge of Branch 31, Regional primary jurisdiction over petitions for change of first name. the Philippines, The Municipal Civil Registrar of Sindangan, Zambo- Prior to his appointment as CA Associate Justice, Trial Court (RTC), Manila in 2008. Four (4) years after, he anga Del Norte, oppositor-appellant CA GR CV No. 02688-MIN Justice Abdulwahid was an Assisting Judge in the Regional was transferred to RTC, Branch 77 of Quezon City. Prior to The doctrine of primary jurisdiction requires that if the de- , February 27,2015.] Trial Court (RTC) of Basilan Province. Thereafter, he his appointment as Associate Justice of the Court of Ap- termination of a case calls for the application of the exper- served as Acting Presiding Judge of the RTC of Bongao, peals in 2015, he was designated concurrent Acting Presid- tise, specialized training and knowledge of an administrative REMEDIAL LAW; CIVIL PROCEDURE; PRE-TRIAL; Tawi-Tawi until he transferred to RTC Branch 12 of Zam- ing Judge of Branch 219, RTC, Quezon City. body, relief must first be obtained in an administrative pro- Appearance of parties and their counsel at the pre-trial con- boanga City, where he served for eleven (11) years as Pre- ceeding before resorting to the court. The court, for its part, ference, along with the filing of a corresponding pre-trial siding Judge and at the same time, as a pairing judge of Justice Legaspi acted as the secretary of the Su- should suspend the judicial proceeding, so that the adminis- brief are mandatory; a single instance of non-appearance RTC, Branch 13. preme Court Committee on Revision of the Rules of Court trative body may have the opportunity to settle the claim, or does not constitute an exception to the rule. from 1999 to 2003 and was a member of the Technical if the parties would not be unfairly disadvantaged, dismiss On March 10, 2003, Justice Abdulwahid was one of Working Group on the Rules of Procedure for Small Claims the case without prejudice. Rule 18 of the Rules of Court leaves no room for equivoca- the four (4) Justices of the CA appointed by Her Excellency, Cases from 2008 to 2010. He is also a Career Executive Ser- tion; appearance of parties and their counsel at the pre-trial President Gloria Macapagal-Arroyo, after having been vice Eligible. conference, along with the filing of a corresponding pre-trial unanimously nominated by the Judicial and Bar Council In this case it is the Municipal or City Civil Registrar who has primary jurisdiction since the petition is only for a brief are mandatory. Failure to comply therewith, in the ab- (JBC). Presently Chairman of the CA-Fourth Division, he is ASSOCIATE JUSTICE RONALDO B. M ARTIN also Chairman of the Department of Shari'a and Islamic change of first name. Section 1 of the Republic Act No. sence on any of the two (2) exceptions cited above, inevita- Jurisprudence, Philippine Judicial Academy, Supreme Court. Justice Martin is a product of the Atenean Educa- 9048 reads: bly ensures the dismissal of the case. tion having studied from elementary thru law school at the Justice Abdulwahid has to his credit almost forty- Ateneo de Manila University. He obtained his Bachelor of Section 1. Authority to Correct Clerical or Typographical Error and Notwithstanding that the 19 January 2012 hearing in the five (45) years of government service, thirty (30) years of Science degree, Major in Economics in 1986 and Juris Doc- Change of First Name or Nickname – No entry in a civil register present case was merely the first scheduled date for the pre- which in the Judiciary. Through his years as an Associate tor Degree in 1992.