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VOLUME XVI ISSUE NO. 641
VOLUME XVI ISSUE NO. 64OCTOBER-DECEMBER 2014 ISSN 2244-5862
These last three months saw us wrapping up our activities for
2014. I am happy to note that we were able to finish most, if not
all, of the projected activities in our calendar. During this quarter,
we held the 4th and 5th Orientation Seminar-Workshops for Newly
Appointed Sheriffs and Process Servers in Tagaytay City and Cebu
City, respectively; a seminar for RTC Executive Judges, 1st to 3rd
Vice Executive Judges, Single Sala Court Judges of Luzon and the
National Capital Judicial Region in Tagaytay City; and two Career
Enhancement Programs for RTC Clerks of Court of the 7th and
the 10th Judicial Regions in Cebu City and Cagayan de Oro City,
respectively. These completed our regular programs for the
period.
For our Special Focus Programs, we had: the 11th Metrobank
Foundation Professorial Chair Lecture by retired Supreme Court
Associate Justice Jose C. Vitug on “Coping with the Changing
Landscape in Civil Law” held at the Court of Appeals Auditorium;
a seminar-workshop for Substantive Law and Jurisprudence on
Intellectual Property in Cebu City for the Clerks of Court of Special
Commercial Courts of Regions VI, VII, and VIII and Selected
Court Attorneys of the Court of Appeals of the Cebu City Station;
and another on Procedural, Substantive Law and Jurisprudence
on Intellectual Property for Selected Commercial Court Judges
and Pairing Court Judges of the National Capital Judicial Region
and the 1st to 5th Judicial Regions, in Pasay City. A roundtable
discussion (RTD) was likewise held in Makati City on Issues and
Concerns Relating to Intellectual Property Rights Enforcement.
Several seminar-workshops also took place, such as that on
Strengthening Judicial Integrity and Rule of Law for Executive
and Vice Executive Judges of Regions VI, VII, and VIII in Cebu
City; one for Special Commercial Court Judges and Pairing Court
Judges of the National Capital Judicial Region and 1st to 5th Judicial
Regions in Pasay City; one on Dangerous Drugs Law for Judges,
Prosecutors and Law Enforcers of the 4th Judicial Region; and
one on Various Laws and Rules Relating to Money Laundering
and Other Financial Crimes for Judges in the 4th Judicial Region,
both held in Palawan. A Competency Enhancement Training for
Judges and Court Personnel Handling Cases Involving Children
(Pasay City) and a Personal Security Training (PST) for Judges
(Tagaytay City) were also held.
At the initiative of the Office of the Chief Justice, an
“Overview of Investment Treaty Arbitration and the
International Center for Settlement of Investment Disputes
(ICSID) Rules” which featured two lecturers of note, Ms. Meg
Kinnear, ICSID Secretary General and Ms. Martina Polasek, ICSID
Senior Legal Counsel/Team Leader, was delivered at the Supreme
Court En Banc Session Hall in November.
Rounding up the year’s activities, PHILJA continued to assist
in the Enhanced Justice on Wheels Program (EJOW) by delivering
the segment on Information Dissemination through a Dialogue
among Barangay Officials and Court Officials in the Cities of
Malaybalay and Cagayan de Oro in Misamis Oriental.
From the Chancellor’s Desk
(Next page)
OCTOBER - DECEMBER 20142
PHILJA also assisted in the successful Philippine Judges
Association Midterm Convention in Albay with the theme “PJA:
Triumph Over Adversities” and in the 21st National Convention
Seminar of the Philippine Trial Judges League, Inc. (PTJLI), with
the team “Advancing Justice Amidst Challenging Times,” in Aklan.
The Academy, thru the Philippine Mediation Center Office
(PMCO), conducted a number of activities in support of
Alternative Dispute Resolution, as follows: Refresher/Advanced
Courses for Court-Annexed Mediators for the Bulacan, Nueva
Ecija, Tarlac, Cavite, and Rizal Mediation Programs (Tagaytay
City) and the Metro Manila Mediation Programs (Manila).
We took note of the new rulings, doctrinal reminders and
recent resolutions, circulars and orders from the Supreme Court
as well as the Office of the Court Administrator.
To our officials and staff, thank you for giving your best to
the Academy. This made 2014 one of our strongest years.
To our development partners, thank you for the steadfast
assistance to us for the attainment of common goals.
To the Supreme Court, we cannot thank you enough for
your trust and solid support for all our trainings, programs, and
activities.
The biggest thanks goes to the Almighty for having let us
finish 2014 successfully.
ADOLFO S. AZCUNA
Chancellor
ContentsFrom the Chancellor’s Desk . . . . . . . . . . . . . . .
Trainings, Programs, and Activities . . . . . . . .
Doctrinal Reminders . . . . . . . . . . . . . . . . . . . . .
Circulars
OCA Circular No. 128-2014 — Reiteration ofOCA Circular No. 33-2003 dated April 8, 2003(Re: Compliance with Memorandum CircularNo. 2 dated May 26, 1980 [Re: Submission tothe NBI of Report on Decisions in CriminalCases, Pursuant to RA No. 157, in Relation toCircular Nos. 37 and 42, dated October 7,1953 and May 15, 1969, respectively, of theDepartment of Justice, and MemorandumCircular No. 1 dated February 13, 1978 of thisCourt]) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
OCA Circular No. 134-2014 — Submission ofProject Procurement Management Plan(PPMP) for Year 2016 . . . . . . . . . . . . . . . . . . .
OCA Circular No. 136-2014 — CaseDecongestion Status and Monthly Reports . .
OCA Circular No. 143-2014 — Delivery ofSupplies, Furniture, Equipment, LibraryMaterials, Accountable Forms and OtherMaterials Needed by the Trial Courts . . . . . .
OCA Circular No. 144-2014 — ClarificatoryIssuance Relative to OCA Circular No. 10-2014dated January 20, 2014 (Re: Requirement ofthe Law on Adoption Cases) . . . . . . . . . . . . . .
OCA Circular No. 148-2014 — Reiteration ofthe 2004 Rules on Notarial Practice (A.M. No.02-8-13-SC) . . . . . . . . . . . . . . . . . . . . . . . . . .
OCA Circular No. 156-2014 — Automation ofthe Payroll System for All Pensioners/Judgesand Survivorship Pensioners . . . . . . . . . . . . . .
Orders
Memorandum Order No. 26-2014 —
Reorganizing the Committee on GenderResponsiveness in the Judiciary . . . . . . . . . . .
Memorandum Order No. 28-2014 —
Reorganizing the Committee for theDecongestion of Provincial, City andMunicipal Jails . . . . . . . . . . . . . . . . . . . . . . .
Memorandum Order No. 31-2014 —
Appointing the Two OCA Assistant Chiefs ofOffice (Office of Administrative Services,Office of the Court Administrator) . . . . . . . . .
First Quarter 2015 Trainings, Programs, andActivities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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In Pursuit of Judicial Excellence
From the Chancellor’s Desk(Continued from page 1)
VOLUME XVI ISSUE NO. 643
The Philippine Judicial Academy
(PHILJA), in coordination with the
Program Management Office
(PMO) of the Supreme Court,
launched the publication entitled
Citizen’s Handbook on
Environmental Justice for the
Autonomous Region of Muslim
Mindanao on October 1, 2014, at
the Mamitua Saber Research and
Technology Center (MSRTC), Mindanao State University, Marawi
City. The United Nations Development Programme (UNDP),
United Nations Democracy Fund (UNDEF), Tanggol Kalikasan
(TK), Regional Human Rights Commission-ARMM (RHRC), and
Mindanao State University (MSU) provided valuable support
for the project.
The Citizen’s Handbook on Environmental Justice for ARMM
(Handbook for ARMM, for brevity) is a follow-up publication to
Access to Justice: A Sourcebook on Environmental Rights and
Legal Remedies and the Citizen’s Handbook on Environmental
Justice produced by PHILJA and PMO of the Supreme Court, in
Citizen’s Handbook on Environmental Justice
for the Autonomous Region of Muslim Mindanao Launched
Trainings, Programs, and Activities
cooperation with the UNDP. The Sourcebook is a resource
material for environmental advocates and a guide to
understand the Rules of Procedure for Environmental Cases
promulgated by the Supreme Court.
Like the Citizen’s Handbook on Environmental Justice, the
Handbook for ARMM is a citizen-friendly material designed to
help ordinary people or laypersons understand the key role
citizens play in the protection and promotion of the environment
and to encourage citizen participation in the enforcement of
environmental laws. Aside from introducing the reader to
several important concepts in environmental law to better
understand and appreciate environmental law enforcement,
the Handbook for ARMM presented Islamic principles and
imperatives to show the sacred teachings related to the
protection of land and natural resources from abuse and misuse.
Since this was tailor-made for the ARMM, the national laws are
supplemented by relevant local laws passed by the ARMM
Regional Assembly and their implementing rules and regulations,
in the hope that the Handbook for the ARMM will contribute
towards enforcing environmental laws to protect and preserve
our fragile environment.
OCTOBER - DECEMBER 20144
PHILJA Holds Lecture on ICSID Rules
Chief Justice Maria Lourdes P. A. Sereno and Chancellor Adolfo S. Azcuna present the Plaque of Appreciation to Ms. Meg Kinnear,
International Center for Settlement of Investment Disputes (ICSID) Secretary-General for her lecture on Investment Treaty Arbitration and
the ICSID Rules held on November 24, 2014 at the Supreme Court En Banc Session Hall.
On November 24, 2014, PHILJA, upon the directive of the Chief Justice, organized a special lecture entitled An Overview of
Investment Treaty Arbitration and the International Centre for Settlement of Investment Disputes (ICSID) Rules at the Supreme
Court En Banc Session Hall, with Ms. Meg Kinnear and Ms. Martina Polasek, Secretary-General and Senior Legal Counsel/Team
Leader of ICSID, respectively, as lecturers. In attendance were 211 participants comprising SC and PHILJA officials and employees,
CA justices and lawyers, CTA justices, RTC/MeTC judges, and other guests.
Chancellor Adolfo S. Azcuna welcomed the lecturers and guests followed by a message from Chief Justice Maria Lourdes P. A.
Sereno. Ms. Kinnear and Ms. Polasek comprehensively discussed Introduction to ICSID; ICSID and Investment Laws and Treaties;
Trends in Investment Agreements and Investment Disputes; ICSID Dispute Settlement; ICSID Proceedings; Conduct of an ICSID
Convention Arbitration; Jurisdiction under the ICSID Convention (Article 25(1) of the ICSID Convention); Exclusion of Any Other
Remedy (Article 26 of the ICSID Convention); Who Decides the Dispute?; Post-Award Remedies; Annulment: Article 52 of the ICSID
Convention and Grounds; Recognition and Enforcement of Awards; Designations by the Philippines of Competent Courts of Other
Authorities for Recognition and Enforcement; Compliance with ICSID Awards; ICSID and Philippines; and Philippines and Investment
Treaties. Handouts on ICSID Caseload-Statistics were distributed to the participants.
Established in 1966 by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States
(the ICSID Convention), ICSID is an independent, depoliticized and effective investment dispute settlement institution that provides
for settlement of disputes by conciliation, arbitration or fact-finding. It promotes international investment by providing confidence
in the dispute resolution process, as well as greater awareness of international law on foreign investment and the ICSID process.
VOLUME XVI ISSUE NO. 645
The 11th Metrobank Foundation Professorial Chair Lecture featuring the topic Coping with the Changing
Landscape in Civil Law was delivered by retired Supreme Court Associate Justice Jose C. Vitug,
the 2014 holder of the Metrobank Foundation Professorial Chair in Civil Law and Chair of PHILJA’s
Commercial Law Department, on October 8, 2014 at the Court of Appeals Auditorium. Two
hundred ninety-five participants composed of SC and PHILJA officials and employees, CA officials
and employees, lower court employees and other guests attended the lecture.
PHILJA Chancellor Justice Adolfo S. Azcuna formally welcomed the participants. Mr. Aniceto
M. Sobrepeña, President of Metrobank Foundation, Inc., delivered a message. Justice Vitug’s
lecture was outlined as follows: Prefatory; The Legal Systems of the World; Increasing
Preponderance in the Application of Equity and Practical Realties; The Marriage Institution; Effects
of Advances in Science and Technology; Coming Up: A Borderless Society; The Judicial System; The
Legal Profession; The Academe; and The Not-Too-Distant Future. After the lecture, Professor
Pacifico Agabin, Chair of PHILJA’s Constitutional Law Department, and Professor Ruben F. Balane,
Chair of PHILJA’s Civil Law Department, gave their reactions. Chief Justice Maria Lourdes P. A.
Sereno delivered the Closing Remarks.
The Metrobank Foundation Professorial Chair Lecture is endowed by the Metrobank
Foundation, Inc. to assist PHILJA’s judicial education programs by providing grants to its Corps of
Professors to write and publish books and treatises with innovative concepts and approaches in
designated areas of law. Since 2004, 11 PHILJA Professors have delivered professorial chair
lectures in various fields of law.
Eleventh Metrobank Foundation Professorial Chair Lecture
OCTOBER - DECEMBER 20146
Special HRD Session: Kids at Work
On October 30, 2014, PHILJA gathered their employees’ children, grandchildren, and nephews/nieces in a special human resource
development session entitled Kids at Work held at the SC Training Center. The activity was designed to familiarize the children with
the different community helpers and their functions. They were encouraged to come dressed in community helpers’ costumes.
The program began with a prayer and singing of the national anthem led by participants Sophia Castillo and Samvielle Valdez,
respectively. The morning session was devoted to activities such as singing of action songs and story-telling that presented the
functions and importance of community helpers; parade of PHILJA Kids at Work where the children showcased their costumes; and
Treat or Treats at PHILJA. Early bird and best in costume awards were given to deserving children as judged by Ms. Ma. Beatriz A.
Azcuna, Atty. Eric Voltaire A. Pablo and Ms. Minerva C. Briones. Tattoo and photo booth sessions were held in the afternoon.
Thirty-eight children aged 2-10 participated in this activity.
VOLUME XVI ISSUE NO. 647
Seminars
4th Orientation Seminar-Workshop for Newly Appointed
Sheriffs and Process Servers (Batch 2)
Date: October 14–16, 2014
Venue: PHILJA Training Center, Tagaytay City
Participants: 22 newly appointed sheriffs and 31 newly
appointed process servers, namely:
I. SHERIFFS
REGIONAL TRIAL COURTS
REGION I
Mr. Junar G. Armida
RTC, OCC, Laoag City, Ilocos Norte
Mr. Juvy G. Funtila
RTC, Branch 23, Candon City, Ilocos Sur
Mr. Eric F. Ollero
RTC, Branch 41, Dagupan City, Pangasinan
Ms. Conchita T. Pagteilan
RTC, Branch 36, Bontoc, Mt. Province
REGION II
Ms. Jessiebelle M. Dela Peña
RTC, Branch 32, Cabarroguis, Quirino
Mr. Paterno D. Palogan
RTC, Branch 20, Cauayan City, Isabela
REGION III
Ms. Vivian F. Beltran
RTC, Branch 23, Cabanatuan City, Nueva Ecija
Mr. Glenn P. Carlos
RTC, Branch 58, Angeles City, Pampanga
Ms. Andrea C. Eduardo
RTC, Branch 27, Cabanatuan City, Nueva Ecija
Ms. Marife M. Nucum
RTC, Branch 51, Guagua, Pampanga
REGION V
Ms. Marilyn L. Añonuevo
RTC, Branch 49, Cataingan, Masbate
Mr. Hector O. Dipasupil
RTC, Branch 41, Daet, Camarines Norte
Mr. Jay B. Intia
RTC, Branch 39, Daet, Camarines Norte
Mr. Jose Andreo M. Rili
RTC, OCC, Naga City, Camarines Sur
Mr. Zaldy C. Sarcilla
RTC, Branch 28, Naga City, Camarines Sur
METROPOLITAN TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Mr. Pablo C. Sevilla
MeTC, Branch 56, Malabon City
MUNICIPAL TRIAL COURTS IN CITIES
REGION I
Mr. Mario Manolito S. Del Val
MTCC, Branch 3, Baguio City, Benguet
Mr. Vanny D. Meneses
MTCC, Branch 3, Dagupan City, Pangasinan
Mr. Ernesto T. Pulido, Jr.
MTCC, OCC, San Fernando City, La Union
REGION III
Ms. Gebeth R. Macaraig
MTCC, OCC, San Jose City, Nueva Ecija
REGION V
Mr. Elmer E. Bagsic
MTCC, Branch 1, Sorsogon City, Sorsogon
Mr. Aldrin A. Hernandez
MTCC, Branch 1, Naga City, Camarines sur
II. PROCESS SERVERS
COURT OF TAX APPEALS
Mr. Tomas Macpel A. Corral*
CTA, Quezon City
REGIONAL TRIAL COURTS
REGION I
Mr. Elmer B. Azurin
RTC, Branch 24, Cabugao, Ilocos Sur
Mr. Romeo M. Gonzales
RTC, OCC, Batac City, Ilocos Norte
Mr. Joey Vincent T. Liwaliw
RTC, Branch 36, Bontoc, Mt. Province
Mr. Manolo V. Mariano III
RTC, Branch 6, Baguio City, Benguet
Mr. Daniel D. Peralta
RTC, Branch 49, Urdaneta City, Pangasinan
Mr. Eduardo G. Tenedero
RTC, OCC, Candon City, Ilocos Sur
REGION II
Ms. Armie-Lou C. Amistad
RTC, Branch 20, Cauayan, Isabela
Mr. Reinville B. Fernandez
RTC, Branch 28, Bayombong, Nueva Vizcaya
* Was issued a certificate of partial attendance only due toincomplete attendance.
Orientation Seminars
OCTOBER - DECEMBER 20148
REGION III
Mr. Narciso M. Ramos
RTC, OCC, Sto. Domingo, Nueva Ecija
Mr. Lutgardo A. Ferrer
RTC, Branch 42, City of San Fernando, Pampanga
REGION V
Ms. Julian P. Brocales
RTC, OCC, Naga City, Camarines Sur
Mr. Christopher S. Lucido
RTC, Branch 3, Legazpi City, Albay
MUNICIPAL TRIAL COURTS IN CITIES
REGION I
Mr. Marcelo B. Avelino
MTCC, Alaminos City, Pangasinan
Mr. Esteban F. Engngeg
MTCC, Branch 2, Baguio City, Benguet
REGION II
Mr. Robert C. Gosiengfiao
MTCC, OCC, Tuguegarao City, Cagayan
REGION III
Mr. Aris C. Tuazon
MTCC, Branch 1, City of San Fernando, Pampanga
Mr. Reynold L. Yabut
MTCC, OCC, City of San Fernando, Pampanga
MUNICIPAL TRIAL COURTS
REGION I
Mr. John G. Baetiong
MTC, San Nicolas, Ilocos Norte
Ms. Florence D. Flora
MTC, Naguilian, La Union
Mr. Victor Benedict R. Torio
MTC, Mapandan, Pangasinan
REGION II
Mr. Joel S. Patricio
MTC, Echague, Isabela
Ms. Melanie Rose F. Trinidad
MTC, Branch 3, Lal-lo, Cagayan
REGION III
Mr. Jay Jay M. Dantis
MTC, San Miguel, Bulacan
Mr. Reggie C. Farmer
MTC, San Leonardo, Nueva Ecija
Mr. Rodrigo C. Galos
MTC, Paombong, Bulacan
Mr. Walvie O. Minola
MTC, San Antonio, Zambales
REGION V
Mr. Glody N. Bigueras
MTC, Mercedes, Camarines Norte
Mr. Ricky J. Mañago
MTC, Basud, Camarines Norte
MUNICIPAL CIRCUIT TRIAL COURTS
REGION I
Mr. Garry Glenn C. Danao
3rd MCTC: Tubao-Pugo, La Union
REGION III
Mr. Jake A. Piñol
4th MCTC: Moncada-San Manuel-Anao, Tarlac
5th Orientation Seminar-Workshop for Newly AppointedSheriffs and Process Servers
Date: November 4–6 , 2014
Venue: BE Hotel, Mactan, Cebu
Participants: 13 newly appointed sheriffs and 27 newly
appointed process servers, namely:
I. SHERIFFS
REGIONAL TRIAL COURTS
REGION VI
Mr. Ramil G. Facurib
RTC, Branch 39, Iloilo City, Iloilo
REGION VII
Mr. Henri Voltaire T. Sojor
RTC, OCC, Dumaguete City, Negros Oriental
REGION VIII
Mr. Lauro Romanus Ceasar P. Castillo III
RTC, OCC, Tacloban City, Leyte
Mr. Mario A. Sabarillo
RTC, Branch 5, Oras, Eastern Samar
REGION X
Mr. Alan M. Banaag
RTC, Branch 40, Cagayan de Oro City, Misamis Oriental
Mr. Antonino L. Mabale
RTC, Branch 37, Cagayan de Oro City, Misamis Oriental
REGION XI
Ms. Mylene C. Novo
RTC, OCC, Tandag City, Surigao del Sur
MUNICIPAL TRIAL COURTS IN CITIES
REGION VII
Ms. Millen D. Lawas
MTCC, Danao City
VOLUME XVI ISSUE NO. 649
REGION X
Mr. Edward Noel L. Casals
MTCC, Branch 1, Butuan City, Agusan del Norte
REGION XI
Mr. Ramonito F. Catubag
MTCC, Tagum City, Davao del Norte
Ms. Vivian P. Dela Cruz
MTCC, OCC, Davao City, Davao del Sur
Ms. Janeta S. Pazo
MTCC Tandag City, Surigao del Sur
Mr. Darwin Trumata
MTCC, Branch 4, Davao City, Davao del Sur
II. PROCESS SERVERS
REGIONAL TRIAL COURTS
REGION VI
Mr. Reneboy B. Banggay
RTC, Branch 54, Bacolod City, Negros Occidental
Ms. Carmela A. Cayao
RTC, Branch 48, Bacolod City, Negros Occidental
REGION VII
Mr. Orville A. Baldado, Jr.
RTC, Branch 36, Dumaguete City, Negros Oriental
Mr. Filemon B. Repollo, Jr.
RTC, Branch 43, Tanjay, Negros Oriental
Mr. Leonilo Q. Villoga
RTC, Branch 66, Talisay City, Cebu
REGION VIII
Ms. Emmelou C. Cheng
RTC, Branch 5, Oras, Eastern Samar
REGION IX
Mr. Ruben S. Languita
RTC, Branch 16, Zamboanga City, Zamboanga del Sur
REGION X
Mr. Solomon D. Borres
RTC, Branch 17, Cagayan de Oro City, Misamis Oriental
Mr. Jupe R. Jabien
RTC, Branch 22, Cagayan de Oro City, Misamis Oriental
Mr. Elias L. Lutao
RTC, Branch 21, Cagayan de Oro City, Misamis Oriental
REGION XI
Mr. Noel D. Ma-aya
RTC, Branch 35, General Santos City, South Cotabato
Mr. Randie D. Sullano
RTC, Branch 30, Tagum City, Davao del Norte
MUNICIPAL TRIAL COURTS IN CITIES
REGION VI
Mr. Constantino P. Gulmatico
MTCC, Branch 9, Iloilo City, Iloilo
REGION VII
Mr. Ricky C. Sucayre
MTCC, Branch 1, Mandaue City, Cebu
Ms. Jinky T. Cabrillos
MTCC, OCC, Talisay City, Cebu
Mr. Felix R. Encila
MTCC, OCC, Madaue City, Cebu
REGION X
Mr. Carlo T. Aranas
MTCC, Branch 2, Butuan City, Agusan del Norte
MUNICIPAL TRIAL COURTS
REGION VII
Mr. Michael Niño C. Olivar
MTC, Dalaguete, Cebu
REGION VIII
Ms. Julian M. Lobenia II
MTC, Taft, Eastern Samar
REGION XI
Mr. Karlo C. Tan
MTC, Maco, Compostela Valley
MUNICIPAL CIRCUIT TRIAL COURTS
REGION VIII
Mr. Raul B. Abrea
9th MCTC: Bato-Matalom, Leyte
Mr. Jillver T. Galit
4th MCTC: Catubig-Las Navas, Northern Samar
Mr. Romualdo L. Oreo, Jr.
6th MCTC: Villareal-Pinabacdao, Samar
Ms. Maria Donnalith P. Tomenio
2nd MCTC: Oras-Jipapad, Eastern Samar
REGION X
Mr. Serlanhder O. Dela Cruz
2nd MCTC: Tubay-Santiago, Agusan del Norte
REGION XI
Mr. Elton Fren S. Margate
3rd MCTC: Lupon-Banaybanay, Davao Oriental
REGION XII
Mr. Regin B. Er-er
6th MCTC: Tubod-Baroy-Magsaysay, Lanao del Norte
OCTOBER - DECEMBER 201410
Seminar for Executive Judges (RTC Vice Executive Judges,1st to 3rd Vice Executive Judges, and Single Sala CourtsJudges of Luzon and the NCJR)
Date: November 27–28, 2014
Venue: PHILJA Training Center, Tagaytay City
Participants: 48 RTC judges
FOR SELECTED COMMERCIAL COURT JUDGES AND PAIRING COURT JUDGES OF
THE NATIONAL CAPITAL JUDICIAL REGION, FIRST, SECOND, THIRD, FOURTH,
AND FIFTH JUDICIAL REGIONS
Date: November 21, 2014
Venue: Traders Hotel, Roxas Boulevard, Pasay City
Participants: 35 RTC judges
Information Dissemination through a Dialogue between
Barangay Officials and Court Officials
CAGAYAN DE ORO CITY
Date: October 23, 2014
Venue: City Tourism Hall, City Hall, Cagayan de Oro City
Misamis Oriental
Participants: 85 barangay officials
MALAYBALAY CITY
Date: October 24, 2014
Venue: Kaamulan Open Theater, Malaybalay City
Participants: 135 barangay officials
Seminar-Workshop on Strengthening Judicial Integrity and
Rule of Law for Executive and Vice Executive Judges of Regions
VI to VIII
Date: October 28–29, 2014
Venue: Radisson Blu Hotel, Cebu City
Participants: 23 RTC and MTCC judges
Competency Enhancement Training for Judges and Court
Personnel Handling Cases Involving Children
Date: November 11–13, 2014
Venue: PHILJA Training Center, Tagaytay City
Participants: 69 RTC judges, clerks of court/officers in charge,
court interpreters, court social workers, prosecutors, PAO
lawyers, and representatives from Consuelo Foundation and
CPU-PGH
Seminar-Workshop for Special Commercial Court Judges and
Pairing Court Judges of the National Capital Judicial Region,
First, Second, Third, Fourth, and Fifth Judicial Regions
Date: November 19–20, 2014
Venue: Traders Hotel, Roxas Boulevard, Pasay City
Participants: 34 RTC judges
An Overview of Investment Treaty Arbitration and theInternational Centre for Settlement of Investment Disputes(ICSID) Rules
Date: November 24, 2014
Venue: SC En Banc Session Hall, SC New Building, Manila
Participants: 211 SC, CA, and CTA justices, SC, CA and PHILJA
officials and employees, RTC and MeTC judges, SC choir and
other guests
Career Enhancement Program for RTC Clerks of Court
REGION X
Date: November 18–20, 2014
Venue: Seda Centrio, Cagayan de Oro City
Participants: 46 RTC clerks of court
REGION VII
Date: December 2–4, 2014
Venue: Hotel Elizabeth, Cebu City
Participants: 54 RTC clerks of court
11th Metrobank Foundation Professorial Chair LectureFeaturing the Topic on “Coping with the ChangingLandscape in Civil Law”
Date: October 8, 2014
Venue: Court of Appeals Auditorium, Court of Appeals, Manila
Participants: 295 SC, CA and PHILJA officials and employees,
MeTC judges, clerks of court, and legal researchers, and other
guests
Seminar-Workshop on Procedural, Substantive Law andJurisprudence on Intellectual Property
FOR CLERKS OF COURT OF SPECIAL COMMERCIAL COURTS REGIONS VI TOVIII AND SELECTED COURT ATTORNEYS OF THE COURT OF APPEALS—CEBU
CITY STATION
Date: October 8–9, 2014
Venue: Best Western Plus Lex Hotel, Cebu City
Participants: 47 RTC clerks of court and CA–Cebu City Station
lawyers
Orientation Seminar-Workshop
for Executive Judges
Career Enhancement Programs
Special Focus Programs
VOLUME XVI ISSUE NO. 6411
Seminar-Workshop on Dangerous Drugs Law for Judges,Prosecutors and Law Enforcers of the Fourth JudicialRegion
Date: November 25–27, 2014
Venue: Aziza Hotel, Puerto Princesa City, Palawan
Participants: 62 RTC judges, prosecutor, and law enforcers
Seminar-Workshop on Various Laws and Rules Relatingto Money Laundering and Other Financial Crimes forJudges in the Fourth Judicial Region
Date: November 26–27, 2014
Venue: Sheridan Hotel, Puerto Princesa City, Palawan
Participants: 25 RTC judges
Personal Security Training for Judges
Date: December 2–4, 2014
Venue: PHILJA Training Center, Tagaytay City
Participants: 56 RTC, MTCC, MTC, and MCTC judges
Philippine Judges Association (PJA) Midterm Convention
Theme: PJA: Triumph Over Adversities
Date: October 14–16, 2014
Venue: Oriental Hotel, Legazpi City, Albay
Participants: 292 RTC judges
Convention-Seminars
Roundtable Discussion
Alternative Dispute Resolution
Programs
Refresher/Advanced Course for Court-Annexed Mediators
BULACAN, NUEVA ECIJA, TARLAC, CAVITE AND RIZAL MEDIATION PROGRAMS
Date: October 16–17, 2014
Venue: PHILJA Training Center, Tagaytay City
Participants: 54 mediators
Roundtable Discussion on Issues and Concerns Relatingto Intellectual Property Rights Enforcement
Date: October 23–24, 2014
Venue: Dusit Thani Hotel, Makati City
Participants: 38 Philippine (RTC) judges, Myanmar judges, and
representatives from Department of Justice, Intellectual
Property of the Philippines and Supreme Court Subcommittee
on Intellectual Property
METRO MANILA MEDIATION PROGRAM
Date: November 13–14, 2014
Venue: Court of Appeals Auditorium, Manila
Participants: 51 mediators
21st National Convention and Seminar of the PhilippineTrial Judges League, Inc. (PTJLI)
Theme: Advancing Justice Amidst Challenging Times
Date: October 23–25, 2014
Venue: Crown Regency Resort and Convention Center, Boracay
Island, Malay, Aklan
Participants: 229 RTC, MeTC, MTCC, MTC, MCTC and SHCC
judges
OCTOBER - DECEMBER 201412
Court of Appeals Justices Jose C. Reyes, Jr. (seated left) and Myra G. Fernandez (seated right) with the participants of the Seminar for
Executive Judges (RTC Vice Executive Judges, 1st to 3rd Vice Executive Judges, and Single Sala Courts Judges of Luzon and the NCJR) held on
November 27–28, 2014, at the PHILJA Training Center, Tagaytay City.
PHILJA Executive Secretary and Acting Chief of the Philippine Mediation Center Office Justice Marina L. Buzon, (seated center) with the
participants of the Refresher/Advanced Course for Court-Annexed Mediators (Bulacan, Nueva Ecija, Tarlac, Cavite and Rizal Mediation
Programs) held on October 16–17, 2014, at the PHILJA Training Center, Tagaytay City.
PHILJA Chancellor, Justice Adolfo S. Azcuna addresses the participants of the Roundtable Discussion on Issues and Concerns Relating to
Intellectual Property Rights Enforcement held on October 23–24, 2014, at the Dusit Thani Hotel, Makati City.
VOLUME XVI ISSUE NO. 6413
Chancellor Adolfo S. Azcuna (seated center, second row), with the facilitators and participants of the Competency Enhancement Training
for Judges and Court Personnel Handling Cases Involving Children held on November 11–13, 2014, at the PHILJA Training Center,
Tagaytay City.
Judge Eugene C. Paras, Presiding Judge of the Regional Trial Court Branch 58, Makati City and Executive Vice President of the Philippine
Judges Association (PJA) speaks before the members of the Association during their Midterm Convention held on October 14–16, 2014,
at the Oriental Hotel, Legazpi City, Albay.
CDO Exec. Judge Dennis Z. Alcantar (seated left), and Supreme Court Deputy Court Administrator Jenny Lind Aldecoa-Delorino (seated
right) answer questions from the barangay officials of Cagayan de Oro City during the Information Dissemination through a Dialogue
between Barangay Officials and Court Officials held on October 23, 2014, at the City Tourism Hall, City Hall, Cagayan de Oro City.
OCTOBER - DECEMBER 201414
Definition and nature of consignation.
x x x consignation [is] the act of depositing the thing due with
the court or judicial authorities whenever the creditor cannot
accept or refuses to accept payment, and it generally requires
a prior tender of payment. It should be distinguished from
tender of payment which is the manifestation by the debtor
to the creditor of his desire to comply with his obligation,
with the offer of immediate performance. Tender is the
antecedent of consignation, that is, an act preparatory to the
consignation, which is the principal, and from which are derived
the immediate consequences which the debtor desires or seeks
to obtain. Tender of payment may be extrajudicial, while
consignation is necessarily judicial, and the priority of the first is
the attempt to make a private settlement before proceeding to
the solemnities of consignation. Tender and consignation, where
validly made, produces the effect of payment and extinguishes
the obligation.
Peralta, J., Elizabeth Del Carmen v. Spouses Restituto Sabordo and Mima
Mahilum-Sabordo, G.R. No. 181723, August 11, 2014.
Right of a buyer in a foreclosure sale.
The buyer in a foreclosure sale becomes the absolute owner of
the property purchased if it is not redeemed during the period
of one year after the registration of the sale. As such, he is
entitled to the possession of the said property and can demand
it at any time following the consolidation of ownership in his
name and the issuance to him of a new transfer certificate of
title. The buyer can in fact demand possession of the land even
during the redemption period except that he has to post a bond
in accordance with Section 7 of Act No. 3135, as amended. No
such bond is required after the redemption period if the property
is not redeemed. Possession of the land then becomes an absolute
right of the purchaser as confirmed owner. Upon proper
application and proof of title, the issuance of the writ of
possession becomes a ministerial duty of the court.
Peralta, J., Fe H. Okabe v. Ernesto A. Saturnino, G.R. No. 196040, August 26,
2014.
Competition, when is it considered unfair; its
characteristics.
In order to qualify the competition as “unfair,” it must have two
characteristics: (1) it must involve an injury to a competitor or
trade rival, and (2) it must involve acts which are characterized
as “contrary to good conscience,” or “shocking to judicial
sensibilities,” or otherwise unlawful; in the language of our law,
these include force, intimidation, deceit, machination or any
other unjust, oppressive or high-handed method. The public injury
or interest is a minor factor; the essence of the matter appears
to be a private wrong perpetrated by unconscionable means.
Here, both characteristics are present.
First, both parties are competitors or trade rivals, both being
engaged in the manufacture of plastic-made automotive parts.
Second, the acts of the petitioner were clearly “contrary to
good conscience” as petitioner admitted having employed
respondent’s former employees, deliberately copied
respondent’s products and even went to the extent of selling
these products to respondent’s customers.
To bolster this point, the CA correctly pointed out that
petitioner’s hiring of the former employees of respondent and
petitioner’s act of copying the subject plastic parts of respondent
were tantamount to unfair competition.
Peralta, J., Willaware Products Corporation v. Jesichris Manufacturing
Corporation, G.R. No. 195549, September 3, 2014.
Land Registration Law.
Under Section 6, Rule 39 of the Rules of Court, a final and
executory judgment may be executed by the prevailing party as
a matter of right by mere motion within five years from the
entry of judgment, failing which the judgment is reduced to a
mere right of action which must be enforced by the institution
of a complaint in a regular court within 10 years from finality of
the judgment.
It appears that no motion or action to revive judgment was
ever filed by the respondents — the prevailing party in Civil Case
No. 15357, to execute and enforce the August 8, 1978 decision.
The title to the subject property, therefore, remained registered
under the petitioner’s name. As the petitioner argued, his title
had already become incontrovertible since the Torrens system
of land registration provides for the indefeasibility of the decree
of registration and the certificate of title issued upon the
expiration of one year from the date of entry of the registration
decree.
Civil Law
Land Registration Law
VOLUME XVI ISSUE NO. 6415
We cannot, however, allow the petitioner to maintain his
title and benefit from the fruit of his and his predecessors’
fraudulent acts at the expense of the respondents who are the
rightful owners of the subject property. The Torrens system of
registration cannot be used to protect a usurper from the
true owner, nor can it be used as a shield for the commission
of fraud, or to permit one to enrich oneself at the expense of
others.
Notwithstanding the indefeasibility of the Torrens title, the
registered owner can still be compelled under the law to
reconvey the property registered to the rightful owner under
the principle that the property registered is deemed to be held
in trust for the real owner by the person in whose name it is
registered. The party seeking to recover title to property
wrongfully registered in another person’s name must file an
action for reconveyance within the allowed period of time.
An action for reconveyance based on an implied or
constructive trust prescribes in 10 years from the issuance of
the Torrens title over the property. There is, however, an
exception to this rule where the filing of such action does not
prescribe, i.e. when the plaintiff is in possession of the subject
property, the action, being in effect that of quieting of title
to the property, does not prescribe.
In the present case, the respondents, who are the plaintiffs
in Civil Case No. 18421 (the action for annulment and cancellation
of title filed in 2013), have always been in possession of the
subject property. Worth noting are the CA’s findings on this
respect:
x x x Of course, the defendant-appellant (petitioner
herein) has a certificate of title in his favor. But it cannot
be denied that he has never been in possession of the
subject property. Neither did he exercise acts of
ownership over the said land since the time he allegedly
purchased it from his father in 1977. Similarly, the
defendant-appellant was not able to show that his
predecessor-in-interest, Jose Campit, claimed
ownership or was ever in possession of the said land.
The defendant-appellant has admitted that he has paid
realty tax covering the subject land only once when he
applied for the issuance of title in his favor.
x x x x
On the other hand, the continuous possession of the
subject premises by the plaintiffs-appellees has not been
denied or disputed by the defendants-appellants (sic).
The possession in the concept of an owner by the
plaintiffs-appellees has also been confirmed by witness
Charlie Martin. (Emphasis ours)
Considering that the action for annulment and cancellation
of title filed by the respondents is substantially in the nature of
an action for reconveyance based on an implied or constructive
trust, combined with the fact that the respondents have always
been in possession of the subject property, we shall treat Civil
Case No. 18421 as an action to quiet title, the filing of which
does not prescribe. Thus, we find the respondents’ filing of Civil
Case No. 18421 to be proper and not barred by the time
limitations set forth under the Rules of Court in enforcing or
executing a final and executory judgment.
Brion, J., Juanario G. Campit v. Isidra B. Gripa, Pedro Bardiaga, and Severino
Bardiaga, represented by his son Rolando Bardiaga, G.R. No. 195443,
September 17, 2014.
Doctrine of piercing the veil of corporate fiction.
The doctrine of piercing the corporate veil applies only in three
basic instances, namely: a) when the separate and distinct
corporate personality defeats public convenience, as when the
corporate fiction is used as a vehicle for the evasion of an existing
obligation; b) in fraud cases, or when the corporate entity is
used to justify a wrong, protect a fraud, or defend a crime; or c)
is used in alter ego cases, i.e., where a corporation is
essentially a farce, since it is a mere alter ego or business
conduit of a person, or where the corporation is so organized
and controlled and its affairs so conducted as to make it
merely an instrumentality, agency, conduit or adjunct of
another corporation.
Piercing the corporate veil based on the alter ego theory
requires the concurrence of three elements, namely:
1. Control, not mere majority or complete stock control,
but complete domination, not only of finances but of
policy and business practice in respect to the transaction
attacked so that the corporate entity as to this
transaction had at the time no separate mind, will or
existence of its own;
2. Such control must have been used by the defendant to
commit fraud or wrong, to perpetuate the violation of
a statutory or other positive legal duty, or dishonest
and unjust act in contravention of plaintiff’s legal right;
and
3. The aforesaid control and breach of duty must have
proximately caused the injury or unjust loss complained
of.
The absence of any of these elements prevents piercing the
corporate veil.
In the present case, the attendant circumstances do not
establish that WPM is a mere alter ego of Manlapaz.
Brion, J., WPM International Trading, Inc. and Warlito P. Manlapaz v. Fe Corazon
Labayen, G.R. No. 182770, September 17, 2014.
Commercial Law
OCTOBER - DECEMBER 201416
Estafa, elements of syndicated estafa.
Under Section 1 of PD No. 1689, there is syndicated estafa if the
following elements are present: 1) estafa or other forms of
swindling as defined in Articles 315 and 316 of the RPC was
committed; 2) the estafa or swindling was committed by a
syndicate of five or more persons; and 3) the fraud resulted in
the misappropriation of moneys contributed by stockholders, or
members of rural banks, cooperatives, “samahang nayon[s],”
or farmers associations or of funds solicited by corporations/
associations from the general public.
The factual circumstances of the present case show that
the first and second elements of syndicated estafa are present;
there is probable cause for violation of Article 315(2)(a) of the
RPC against the petitioners. Moreover, in Dy’s supplemental
complaint-affidavit, he alleged that the fraud perpetrated
against him was committed, not only by Ngo and the petitioners,
but also by the other officers and directors of State Resources.
The number of the accused who allegedly participated in
defrauding Dy exceeded five, thus satisfying the requirement
for the existence of a syndicate.
However, the third element of the crime is patently lacking.
The funds fraudulently solicited by the corporation must come
from the general public. In the present case, no evidence was
presented to show that aside from Dy, the petitioners, through
State Resources, also sought investments from other people.
Dy had no co-complainants alleging that they were also deceived
to entrust their money to State Resources. The general public
element was not complied with. Thus, no syndicated estafa
allegedly took place, only simple estafa by means of deceit.
Brion, J., Ma. Gracia Hao and Danny Hao v. People of the Philippines, G.R. No.
183345, September 17, 2014.
order of arrest or may order the bond for his appearance to be
forfeited and confiscated, or both.” (Underscoring supplied)
Jurisprudence dictates that the primary requisite before a
bench warrant shall be issued is that the absent-party was duly
informed of the hearing date but unjustifiably failed to attend
so. As stated above, complainant was undeniably notified of
the June 8, 2011 hearing but she failed to attend.
Mendoza, J., Esther P. Magleo v. Presiding Judge Rowena De Juan-Quinagoran
and Branch Clerk of Court Atty. Adonis Laure, Both of Branch 166, Regional
Trial Court, Pasig City, A.M. No. RTJ-12-2336 (formerly A.M. OCA-IPI No. 11-
3695-RTJ), November 12, 2014.
Demurrer to Evidence.
An order granting an accused’s demurrer to evidence is a
resolution of the case on the merits, and it amounts to an
acquittal. Generally, any further prosecution of the accused
after an acquittal would violate the constitutional proscription
on double jeopardy. To this general rule, however, the Court
has previously made some exceptions.
People v. Tan eruditely instructs that double jeopardy will
not attach when the trial court acted with grave abuse of
discretion amounting to lack or excess of jurisdiction, such as
where the prosecution was denied the opportunity to present
its case or where the trial was a sham. In addition, in People v.
Bocar, the Court ruled that there is no double jeopardy when
the prosecution was not allowed to complete its presentation
of evidence by the trial court.
The circumstances obtaining in this controversy placed it
within the realm of the exception.
The records demonstrate that the prosecution, with
respondent O ilink International Corporation as private
complainant, had not yet rested its case when the Demurrer to
Evidence was filed and eventually granted by the RTC Branch
161.
x x x x
The RTC Branch 161 should have ruled on the prosecution’s
Formal Offer of Evidence before acting on petitioner’s Demurrer
to Evidence. Having failed to do so, there is nary a doubt that no
double jeopardy attached. Petitioner’s blind insistence that she
is made to face trial after having been acquitted carries no
conviction.
Mendoza, J., Esther P. Magleo v. Presiding Judge Rowena De Juan-Quinagoran
and Branch Clerk of Court Atty. Adonis Laure, Both of Branch 166, Regional
Trial Court, Pasig City, A.M. No. RTJ-12-2336 (formerly A.M. OCA-IPI No. 11-
3695-RTJ), November 12, 2014.
Criminal Law
Remedial Law
Bench warrant defined.
A bench warrant is defined as a writ issued directly by a judge to a
law-enforcement officer, especially for the arrest of a person who
has been held in contempt, has disobeyed a subpoena, or has to
appear for a hearing or trial. The provision on bench warrant is
expressed under Section 9, Rule 71 of the Rules of Court which
states that “[w]hen a respondent released on bail fails to appear
on the day fixed for the hearing, the court may issue another
VOLUME XVI ISSUE NO. 6417
Arbitration
The policy in favor of arbitration has been affirmed in our Civil
Code, which was approved as early as 1949. It was later
institutionalized by the approval of Republic Act No. 876, which
expressly authorized, made valid, enforceable, and irrevocable
parties’ decision to submit their controversies, including
incidental issues, to arbitration. The Court recognized this policy
in Eastboard Navigation, Ltd. v. Ysmael and Company, Inc.:
As a corollary to the question regarding the existence
of an arbitration agreement, defendant raises the issue
that, even if it be granted that it agreed to submit its
dispute with plaintiff to arbitration, said agreement is
void and without effect for it amounts to removing said
dispute from the jurisdiction of the courts in which the
parties are domiciled or where the dispute occurred. It
is true that there are authorities which hold that “a
clause in a contract providing that all matters in dispute
between the parties shall be referred to arbitrators and
to them alone, is contrary to public policy and cannot
oust the courts of jurisdiction” (Manila Electric Co. v.
Pasay Transportation Co., 57 Phil., 600, 603), however,
there are authorities which favor “the more intelligent
view that arbitration, as an inexpensive, speedy and
amicable method of settling disputes, and as a means of
avoiding litigation, should receive every encouragement
from the courts which may be extended without
contravening sound public policy or settled law” (3 Am.
Jur., p. 835). Congress has officially adopted the modern
view when it reproduced in the new Civil Code the
provisions of the old Code on Arbitration. And only
recently it approved Republic Act No. 876 expressly
authorizing arbitration of future disputes. (Emphasis
supplied)
In view of our policy to adopt arbitration as a manner of
settling disputes, arbitration clauses are liberally construed to
favor arbitration. Thus, in LM Power Engineering Corporation
v. Capitol Industrial Construction Groups, Inc., this court said:
Being an inexpensive, speedy and amicable method of
settling disputes, arbitration—along with mediation,
conciliation and negotiation—is encouraged by the
Supreme Court. Aside from unclogging judicial dockets,
arbitration also hastens the resolution of disputes,
especially of the commercial kind. It is thus regarded
as the “wave of the future” in international civil and
commercial disputes. Brushing aside a contractual
agreement calling for arbitration between the parties
would be a step backward.
Consistent with the above mentioned policy of
encouraging alternative dispute resolution methods,
courts should liberally construe arbitration clauses.
Provided such clause is susceptible of an interpretation
that covers the asserted dispute, an order to arbitrate
should be granted. Any doubt should be resolved in
favor of arbitration. (Emphasis supplied)
A more clear-cut statement of the state policy to encourage
arbitration and to favor interpretations that would render
effective an arbitration clause was later expressed in Republic
Act No. 9285:
SEC. 2. Declaration of Policy. — It is hereby declared the
policy of the State to actively promote party autonomy
in the resolution of disputes or the freedom of the party
to make their own arrangements to resolve their
disputes. Towards this end, the State shall encourage
and actively promote the use of Alternative Dispute
Resolution (ADR) as an important means to achieve
speedy and impartial justice and declog court dockets.
As such, the State shall provide means for the use of
ADR as an efficient tool and an alternative procedure
for the resolution of appropriate cases. Likewise, the
State shall enlist active private sector participation in
the settlement of disputes through ADR. This Act shall
be without prejudice to the adoption by the Supreme
Court of any ADR system, such as mediation,
conciliation, arbitration, or any combination thereof
as a means of achieving speedy and efficient means of
resolving cases pending before all courts in the
Philippines which shall be governed by such rules as
the Supreme Court may approve from time to time.
x x x x
SEC. 25. Interpretation of the Act. — In interpreting the
Act, the court shall have due regard to the policy of the
law in favor of arbitration. Where action is commenced
by or against multiple parties, one or more of whom are
parties who are bound by the arbitration agreement
although the civil action may continue as to those who
are not bound by such arbitration agreement. (Emphasis
supplied)
Thus, if there is an interpretation that would render effective
an arbitration clause for purposes of avoiding litigation and
expediting resolution of the dispute, that interpretation shall
be adopted.
Leonen, J., Gerardo Lanuza, Jr. and Antonio O. Olbes v. BF Corporation, Shangri-
la Properties, Inc., Alfredo C. Ramos, Rufo B. Colayco, Maximo G. Licauco III,
and Benjamin C. Ramos, G.R. No. 174938, October 1, 2014.
Alternative Dispute Resolution
OCTOBER - DECEMBER 201418
TO: ALL JUDGES AND CLERKS OF COURT OF THE FIRST AND
SECOND LEVEL COURTS
SUBJECT: REITERATION OF OCA CIRCULAR NO. 33-2003 DATED
APRIL 8, 2003 (RE: COMPLIANCE WITH MEMORANDUM
CIRCULAR NO. 2 DATED MAY 26, 1980 [RE: SUBMISSION TO
THE NBI OF REPORT ON DECISIONS IN CRIMINAL CASES,
PURSUANT TO RA NO. 157, IN RELATION TO CIRCULAR NOS.
37 AND 42, DATED OCTOBER 7, 1953 AND MAY 15, 1969,
RESPECTIVELY, OF THE DEPARTMENT OF JUSTICE, AND
MEMORANDUM CIRCULAR NO. 1 DATED FEBRUARY 13, 1978
OF THIS COURT])
Acting on the August 19, 2014 letter of Atty. Virgilio L. Mendez,
Director, National Bureau of Investigation (NBI), requesting the
reiteration of issuances relative to the requirement of furnishing
the NBI with copies of decisions in all criminal cases, it appearing
that there are some trial court judges who do not comply with
the directives of the said issuances, all judges and clerks of court
of the first and second level courts, in furnishing copies of
decisions in all criminal cases rendered by their respective
courts, are hereby REMINDED to strictly comply with the
directives set forth in OCA Circular No. 33-2003, quoted
hereunder, as follows:
OCA Circular No. 33-2003
TO: ALL JUDGES AND CLERKS OF COURT OF THE FIRST
AND SECOND LEVEL COURTS
SUBJECT: COMPLIANCE WITH MEMORANDUM CIRCULAR
NO. 2 DATED MAY 26, 1980
This Office has received a report from the National
Bureau of Investigation that most courts are not
complying with Memorandum Circular No. 2 dated May
6, 1980 [sic], directing all courts in the first and second
levels that in their reports on decisions rendered in
criminal cases to the National Bureau of Investigation
the following shall be stated:
(1) full name of the accused and/or convicted or
acquitted persons including maternal
surname;
(2) date of birth;
(3) place of birth;
(4) address; and
(5) all other pertinent descriptions and
information which will identify said
persons.
The above directive is hereby reiterated and
the said report shall be submitted to the National
Bureau of Investigation within 10 days from
promulgation of the decision (emphasis supplied).
Strict compliance is hereby enjoined.
April 8, 2003.
(Sgd.) PRESBITERO J. VELASCO, JR.
Court Administrator
September 30, 2014.
(Sgd.) JOSE MIDAS P. MARQUEZ
Court Administrator
TO: ALL JUDGES, CLERKS OF COURT, BRANCH CLERKS OF
COURT, AND OFFICERS IN CHARGE OF THE FIRST AND SECOND
LEVEL COURTS
SUBJECT: SUBMISSION OF PROJECT PROCUREMENT
MANAGEMENT PLAN (PPMP) FOR YEAR 2016
All Clerks of Court, Branch Clerks of Court, and Officers in Charge
of the first and second level courts are hereby DIRECTED to
complete and submit the attached Project Procurement
Management Plan (PPMP) Form for the allocation of your
supplies for 2016 which is also available for download at
oca.judiciary.gov.ph. This process is being undertaken to ensure
that a sufficient quantity of supplies/equipment is allocated for
each court. Indicate therein the quantity requirement and
current stock position of the office supplies listed in the form
as this shall be part of the basis in the distribution of your supplies.
For item/s not needed by your office/court, please leave them
blank. On the other hand, for item/s needed but are not found
in the list, please attach a separate list thereof. In case your
court needs necessary repairs, renovations, repainting and the
like, please also indicate these in your PPMP Form, or in a separate
sheet.
The PPMP Form shall be accomplished immediately and
thereafter forwarded for review to the Presiding Judge (or the
Executive Judge for the Office of the Clerk of Court).
OCA Circular No. 134-2014
OCA Circular No. 128-2014
VOLUME XVI ISSUE NO. 6419
The completed PPMP Form shall then be submitted to the
Property Division, Office of the Administrative Services, Office
of the Court Administrator, on or before November 15, 2014.
It may be transmitted via regular mail, door to door courier
services or through the following electronic mail address: i)
[email protected] or ii) [email protected]. This
is to facilitate the immediate submission of the consolidated
lower court office supplies requirement and/or necessary repairs
and renovations needed to the Procurement Planning
Committee (PPC) and ultimately to the Bids and Awards
Committee for Goods and Services and Office of the Halls of
Justice, respectively, and thus avoid delay in the delivery thereof
to your respective courts.
Failure to submit the duly accomplished forms within the
deadline would mean that no delivery shall be made to your
court as it is presumed that you have adequate stocks/supplies
for the fiscal year 2016. Likewise, if no request for repairs and
renovations is listed, it is presumed that your court is in good
condition.
For strict compliance.
October 28, 2014.
(Sgd.) JOSE MIDAS P. MARQUEZ
Court Administrator
TO : ALL JUDGES AND CLERKS OF COURT OF THE FIRST AND
THE SECOND LEVEL COURTS UNDER THE HUSTISYEAH! CASE
DECONGESTION PROJECT
SUBJECT: CASE DECONGESTION STATUS AND MONTHLY
REPORTS
WHEREAS, in a Resolution dated April 16, 2013 in A.M. No.
13-04-11-SC, the Court en banc approved the full roll out of the
Hustisyeah!, a case decongestion project in selected courts to
be implemented by the Office of the Court Administrator (OCA)
and The Asia Foundation (TAF);
WHEREAS, to fully implement Hustisyeah!, the OCA and
TAF formed inventory teams led by judicial supervisors and
deployed them to the participating courts;
WHEREAS, after an inventory in a particular court, the
judicial supervisor is tasked to prepare the Initial Inventory
Report and, together with the presiding judge, submit the Case
Decongestion Plan (CDP), which shall thereafter be implemented;
WHEREAS, TAF has been tasked to consolidate the results
of Hustisyeah!;
NOW, THEREFORE, to assist TAF in monitoring the
implementation of Hustisyeah!, all judges and clerks of court of
the first and the second level courts under the Hustisyeah! case
decongestion project are hereby required to:
1. Continuously monitor the status of cases listed in the
CDPs;
2. Accomplish the attached status report form* and submit
to TAF at the end of the third and sixth month after the
signing of the CDP and thereafter every end of January
and end of July; and
3. Provide TAP electronic or hard copy of the court’s
Monthly Reports from the starting month of the
inventory to the last month of implementation of the
CDP.
For strict compliance.
November 5, 2014.
(Sgd.) JOSE MIDAS P. MARQUEZ
Court Administrator
TO: ALL CLERKS OF COURT, OFFICERS IN CHARGE, LIBRARIANS
AND ACCOUNTABLE OFFICERS OF THE REGIONAL TRIAL
COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL
COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL
CIRCUIT TRIAL COURTS, SHARI’A DISTRICT COURTS, SHARI’A
CIRCUIT COURTS AND MAINTENANCE OFFICES OF THE HALLS
OF JUSTICE
SUBJECT: DELIVERY OF SUPPLIES, FURNITURE, EQUIPMENT,
LIBRARY MATERIALS, ACCOUNTABLE FORMS AND OTHER
MATERIALS NEEDED BY THE TRIAL COURTS
It has been observed that documents for the delivery of the
above-enumerated items such as: (i) Bills of Lading; (ii) Requisition
and Issue Slips (RIS) for supplies; and (iii) Acknowledgement
Receipts for Equipment (AREs), are being disregarded and
ignored by some Clerks of Court/Officers in Charge, as some
documents submitted to this Office by the freight forwarder
OCA Circular No. 136-2014
OCA Circular No. 143-2014
* Available for download at http://philja.judiciary.gov.ph
OCTOBER - DECEMBER 201420
after the completion of delivery have not been signed by a
representative of the court, while some were signed by person/s
who are not even court employees.
All Clerks of Court, Officers in Charge, Librarians and
Accountable Officers are hereby directed to ensure the following:
i) All documents pertaining to the delivery of the above
mentioned items to your respective court/offices must
be duly signed. The complete name and position of the
person who signed the documents must be legibly
written and the date of receipt must also be indicated;
and
ii) In the absence of the Clerk of Court or Officer in Charge,
the signing of documents is the responsibility of the
next in rank employee of the recipient court.
For strict compliance.
November 13, 2014.
(Sgd.) JOSE MIDAS P. MARQUEZ
Court Administrator
for Adoption Proceedings, x x x”), 8552 (Domestic Adoption Act
of 1998), and 8043 (Inter-Country Adoption Act of 1995), and
other related laws and issuances when handling adoption cases
before your respective courts, with a REMINDER that particular
attention be given to the following provisions:
Republic Act No. 9523
SEC. 8. Certification. — The certification that a child is
legally available for adoption shall be issued by the
DSWD in lieu of a judicial order, thus making the entire
process administrative in nature.
The certification shall be, for all intents and
purposes, the primary evidence that the child is legally
available in a domestic proceeding, as provided in
Republic Act No. 8552, and in an inter-country adoption
proceeding, as provided in Republic Act. No. 8043.
Republic Act No. 8552
SEC. 9. Whose Consent is Necessary to the Adoption. —
After being properly counseled and informed of his/her
right to give or withhold his/her approval of the
adoption, the written consent of the following to the
adoption is hereby required:
x x x x
(b) The biological parent(s) of the child if known, or
the legal guardian, or the proper government
instrumentality which has legal custody of the
child; (Emphasis supplied)
For your information and guidance.
November 17, 2014.
(Sgd.) JOSE MIDAS P. MARQUEZ
Court Administrator
TO: ALL JUDGES OF THE FAMILY COURTS
SUBJECT: CLARIFICATORY ISSUANCE RELATIVE TO OCA
CIRCULAR NO. 10-2014 DATED JANUARY 20, 2014 (RE:
REQUIREMENT OF THE LAW ON ADOPTION CASES)
In her October 7, 2014 letter, Secretary Corazon Juliano-Soliman
of the Department of Social Welfare and Development (DSWD)
recommended the issuance of a clarificatory circular
emphasizing the requirement of the law on adoption cases,
particularly on cases which involve children who are considered
wards of the State, it appearing that some trial court judges fail
to require both a certification that the child is legally available
for adoption pursuant to Republic Act No. 9523; and a Consent
to Adopt issued by the DSWD for children who are considered
wards of the State. Acting on the said letter, all family court
judges are hereby enjoined to STRICTLY OBSERVE the mandate
of Republic Act Nos. 9523 (“An Act Requiring the Certification of
the Department of Social Welfare and Development [DSWD] to
Declare a ‘Child Legally Available for Adoption’ as a Prerequisite
TO: ALL EXECUTIVE JUDGES AND CLERKS OF COURT OF THE
REGIONAL TRIAL COURTS
SUBJECT: REITERATION OF THE 2004 RULES ON NOTARIAL
PRACTICE (A.M. No. 02-8-13-SC)
It has been observed that despite the clear directive in A.M. No.
02-8-13-SC (2004 Rules on Notarial Practice), many Executive
Judges have not been furnishing the Office of the Court
Administrator copies of the data recorded in the registers of
notaries public.
OCA Circular No. 144-2014
OCA Circular No. 148-2014
CircularsOCA Circular No. 143-2014 (continued)
VOLUME XVI ISSUE NO. 6421
Section 12, Rule III, 2004 Rules on Notarial Practice,
provides:
SEC. 12. Register of Notaries Public. — The Executive Judge
shall keep and maintain a Register of Notaries Public
in his jurisdiction which shall contain, among others,
the dates of issuance or revocation or suspension of
notarial commissions, and the resignation or death of
notaries public. The Executive Judge shall furnish the
Office of the Court Administrator information and data
recorded in the register of notaries public. The Office of
the Court Administrator shall keep a permanent,
complete and updated database of such record
(Emphasis supplied).
Accordingly, all Executive Judges are hereby REMINDED to
strictly comply with the above quoted provision, submit the
data to the Office of the Court Administrator immediately, and
henceforth twice a year, on or before the 15th day of the months
of February and August.
Strict compliance is hereby enjoined.
November 25, 2014.
(Sgd.) JOSE MIDAS P. MARQUEZ
Court Administrator
more predictable cash outflow in the Bureau of Treasury. The
aforementioned DBM circular letter now restricts the issuance
of MDS checks as payment of claims.
Accordingly, in compliance with the directive of the
abovementioned DBM circular letter, the issuance of MDS
checks as payment of the monthly pensions/annuities shall no
longer be used for ALL pensioners/judges and survivorship
pensioners beginning the Fiscal Year 2015. ALL PENSIONERS/
JUDGES AND SURVIVORSHIP PENSIONERS who are receiving
their monthly pensions/annuities through MDS checks are hereby
required to open an ATM account with any branch of the Land
Bank of the Philippines of their choice and to submit a clear copy
of the same with the Financial Management Office, Office of
the Court Administrator, for inclusion in the ATM payroll of
pensions/annuities, on or before the last day of January 2015.
The monthly pensions/annuities of pensioners/judges and
survivorship pensioners who fail to comply with the
abovementioned directive shall not be released.
Similar to the guidelines in the implementation of the
Automated Payroll System for the lower courts, any inquiry on
individual bank balances shall be effected through enrolment in
the I-Access facility of the Land Bank of the Philippines, or through
the LBP Phone Banking Facility.
For strict compliance.
December 9, 2014.
(Sgd.) JOSE MIDAS P. MARQUEZ
Court Administrator
TO: All PENSIONERS/JUDGES AND SURVIVORSHIP
PENSIONERS
SUBJECT: AUTOMATION OF THE PAYROLL SYSTEM FOR ALL
PENSIONERS/JUDGES AND SURVIVORSHIP PENSIONERS
Pursuant to OCA Circular No. 56-2004 dated April 20, 2004,
pensioners/judges were advised to open an ATM account with
the Land Bank of the Philippines for the implementation of the
Automated Payroll System (APS) for their monthly pensions/
annuities. However, due to the request of some pensioners/
judges, the receipt of their monthly pensions/annuities by
Modified Disbursement Scheme (MDS) checks was retained.
On February 25, 2014, the Department of Budget and
Management issued Circular Letter No. 2013-16 B to promote
the use of the Authority to Debit Account (ADA) as a mode of
disbursement for all National Government Agencies in order to
reduce the volume of outstanding checks, thus, resulting in a
OCA Circular No. 156-2014
REORGANIZING THE COMMITTEE ON GENDER
RESPONSIVENESS IN THE JUDICIARY
In view of the retirement, resignation, promotion, and
appointment of some justices, judges, officials, and employees
Memorandum Order No. 26-2014
OCTOBER - DECEMBER 201422
of the judiciary, the Committee on Gender Responsiveness in
the Judiciary, is hereby reorganized as follows:
Chairperson
Hon. Teresita J. Leonardo-De Castro
Vice Chairperson
Hon. Remedios Salazar-Fernando, Court of Appeals
Members
Hon. Leoncia R. Dimagiba, Court of Appeals
Hon. Teresita V. Diaz-Baldos, Sandiganbayan
Justice Ma. Belen Ringpis-Liban, Court of Tax Appeals
Court Administrator or his representative
President or his representative,
Philippine Judges Association
Chief, Office of Administrative Services
Chief, Fiscal Management and Budget Office
Chief, Office of the Chief Attorney
Prof. Myrna S. Feliciano, Philippine Judicial Academy
Judicial Reform Program Administrator,
Program Management Office
Chief, Public Information Office
Representative, Office of the Chief Justice
Secretary
Atty. Catherina N. Manzano,
Office of the Chairperson
Assistant Secretary
Ms. Ma. Theresa S. Victoriano-Baylon,
Office of the Chairperson
The Chairperson, Co-Chairperson, Members, and
Secretariat of the above Committee, including those who have
rendered service as part of the said Committee prior to the
issuance of this Memorandum Order, shall receive the expense
allowance presently authorized.
This Memorandum Order shall take effect upon its issuance
this 7th day of October 2014.
(Sgd.) MARIA LOURDES P. A. SERENO
Chief Justice
Chairperson, First Division
(Sgd.) ANTONIO T. CARPIO
Senior Associate Justice
Chairperson, Second Division
(Sgd.) TERESITA J. LEONARDO-DE CASTRO
Associate Justice
(Per S.O. No. 1819 dated October 3, 2014)
REORGANIZING THE COMMITTEE FOR THE DECONGESTION
OF PROVINCIAL, CITY AND MUNICIPAL JAILS
In the interest of service, the Committee for the Decongestion
of Provincial, City and Municipal Jails is hereby reorganized as
follows:
Chairperson
CA Associate Justice Mario V. Lopez
Vice Chairpersons
CA Associate Justice Elihu A. Ybañez
SC Deputy Court Administrator Raul Bautista Villanueva
Members
Judge Jansen R. Rodriguez (RTC Branch 6, Manila)
Judge Bernelito R. Fernandez (RTC Branch 97, Quezon City)
Judge Patria Manaslastas de Leon
(RTC Branch 206, Muntinlupa City)
Judge Maximo M. De Leon (RTC Branch 143, Makati City)
Judge Emily L. San Gaspar-Gito (RTC Branch 5, Manila)
Judge Rowena Tan (RTC Branch 118, Pasay City)
Judge Phoeve C. Meer (MTC Branch 17, Manila)
OCJ Representative
Atty. Renelie B. Mayuga/Atty. Jilliane Joyce De Dumo
Secretary
Atty. Djonivie Jomare Junasa
Josephine B. Asuzano, Stenographer
Jane M. Hernandez, Stenographer
The Chairperson, V ice Chairpersons, Members, and
Members of the Secretariat of the Committee, including those
who have rendered service as part of the said Committee prior
to the issuance of this Memorandum Order, shall receive the
usual expense allowances.
This Memorandum Order shall take effect upon its issuance
this 16th day of October 2014.
(Sgd.) MARIA LOURDES P. A. SERENO
Chief Justice
Chairperson, First Division
(Sgd.) ANTONIO T. CARPIO
Senior Associate Justice
Chairperson, Second Division
(Sgd.) ARTURO D. BRION
Associate Justice
(Per S.O. No. 1819 dated October 3, 2014)
Memorandum Order No. 28-2014
OrdersMemorandum Order No. 26-2014 (continued)
VOLUME XVI ISSUE NO. 6423
Memorandum Order No. 31-2014 First Quarter 2015 Trainings, Programs, and Activities(continued from page 24)
� Pre-Pilot Seminar on Rules 22 and 24 of the Proposed
Revised Rules of Civil Procedure
February 17–18, Iloilo City
� Refresher/Advanced Course for Mediators in Sorsogon
and Camarines Sur
February 17–18, Legazpi City
� Orientation Seminar-Workshop for Newly Appointed
Sheriffs and Process Servers (Luzon)
February 24–26, PTC, Tagaytay City
� Orientation Conference with Stakeholders on
Court-Annexed Mediation
February 26, Calapan City
� Multi-Sectoral Capacity Building on Environmental Laws
and the Rules of Procedure for Environmental Cases
March 3–5, PTC, Tagaytay City
� Information Dissemination through a Dialogue among
Barangay Officials and Court Officials, with Mobile Court-
Annexed Mediation
March 12, Puerto Princesa City
� Seminar on the Rules of Procedure on Financial
Rehabilitation
March 13, Manila
� Orientation Seminar-Workshop for Newly Appointed
Judges
March 17–26, PTC, Tagaytay
� Seminar-Workshop on Various Laws and Rules Relating
to Money Laundering and Other Financial Crimes
March 17–18, Davao City
� Seminar-Workshop on Strengthening Judicial Integrity
and Rule of Law
March 26–27, Legazpi City
� Competency Enhancement Training for Judges,
Prosecutors, Social Workers and Law Enforcement
Investigators Handling Trafficking in Persons Cases
March 25–27, TBA
APPOINTING THE TWO OCA ASSISTANT CHIEFS OF OFFICE
(OFFICE OF ADMINISTRATIVE SERVICES, OFFICE OF THE COURT
ADMINISTRATOR)
WHEREAS, the two positions of OCA Assistant Chiefs of Office
(Office of Administrative Services, Office of the Court
Administrator) are vacant; the notice of vacancy and the deadline
for the filing of the applications for appointment thereto were
duly published; and the matrix (showing the applicants’ present
positions with salary grades, highest educational attainment,
performance rating, relevant experiences, trainings and
seminars, dates of entrance to the Supreme Court, and dates of
last promotion) prepared by the Secretariat of the Selection
and Promotion Board for the Supreme Court (SPB-SC) were
submitted to the Chief Justice;
WHEREAS, evaluations have been made based on the
criteria for the selection of the most qualified applicants.
NOW, THEREFORE, the undersigned, for and in behalf of
the Supreme Court, by virtue of and pursuant to the power and
authority vested in the revised Resolution in A.M. No. 99-12-08-
SC, do hereby appoint:
1) Atty. Maria Teresa O. Demesa-Razal
2) Atty. Raquel M. Ladrillano
as OCA Assistant Chiefs of Office (Office of Administrative
Services, Office of the Court Administrator).
This appointment shall take effect on the 7th day of
November 2014.
Issued this 7th day of November 2014.
(Sgd.) MARIA LOURDES P. A. SERENO
Chief Justice
Chairperson, First Division
(Sgd.) ANTONIO T. CARPIO
Senior Associate Justice
Chairperson, Second Division
(Sgd.) PRESBITERO J. VELASCO, JR.
Associate Justice
Chairperson, Third Division
OCTOBER - DECEMBER 201424
Justice Adolfo S. AzcunaChancellor
Professor Sedfrey M. CandelariaEditor in Chief
Editorial and Research Staff
Atty. Orlando B. CariñoArsenia M. Mendoza
Armida M. SalazarJocelyn D. BondocRonald Paz Caraig
Joseph Arvin S. CruzChristine A. Ferrer
Joanne Narciso-MedinaCharmaine S. NicolasSarah Jane S. Salazar
Jeniffer P. Sison
Circulation and Support Staff
Romeo A. ArculloJudith B. Del Rosario
Michael Angelo P. LaudeLope R. PalermoDaniel S. Talusig
Printing Services
Leticia G. Javier and Staff
The PHILJA Bulletin is published
quarterly by the Research,
Publications and Linkages Office
of the Philippine Judicial
Academy, with office at the 3rd
Floor of the Supreme Court
Centennial Building, Padre Faura
Street corner Taft Avenue, Manila.
Tel: 552-9524; Fax: 552-9621; E-mail:
[email protected]; Website:
http://philja.judiciary.gov.ph
(Continued on page 23)
First Quarter 2015 Trainings, Programs, and Activities
� Pre-Pilot Seminar on Rules 22 and 24 of
the Proposed Revised Rules of Civil
Procedure
January 8– 9, Cebu City
� Seminar-Workshop on Various Laws and
Rules Relating to Money Laundering and
Other Financial Crimes
January 13–14, Bacolod City
� Seminar-Workshop on Procedural,
Substantive Law and Jurisprudence on
Intellectual Property
January 21–22, Cagayan de Oro City
� Seminar-Workshop on Various Laws and
Rules Relating to Money Laundering and
Other Financial Crimes
January 28–29, Cebu City
� Pre-Pilot Seminar on Rules 22 and 24 of
the Proposed Revised Rules of Civil
Procedure
January 29–30, Makati City
� Pre-Pilot Seminar on Rules 22 and 24 of
the Proposed Revised Rules of Civil
Procedure
February 2–3, Quezon City
� Pre-Judicature Program
February 2–13, Manila
� Career Development Program for Court
Legal Researchers (Luzon)
February 4–5, PTC, Tagaytay City
PRIVATE OR UNAUTHORIZED USE TO AVOID
PAYMENT OF POSTAGE IS PENALIZED BY FINE
OR IMPRISONMENT OR BOTH
3rd Floor, Supreme Court Centennial Building
Padre Faura Street corner Taft Avenue, Manila 1000
Philippines
� Orientation Conference with
Stakeholders on Court-Annexed
Mediation
ILOCOS NORTE
February 4, Laoag City
ILOCOS SUR
February 5, Vigan City
� Judicial Career Enhancement Program
(First level court judges of NCJR)
BATCH 1
February 4–6, PTC, Tagaytay City
BATCH 2
February 25–27, PTC, Tagaytay City
� Career Enhancement Program for RTC
Clerks of Court (Region VIII)
February 10–12, Cebu City
� Seminar for EJs, VEJs, Single Sala Court
Judges (Mindanao)
February 10–11, Davao City
� Pre-Pilot Seminar on Rules 22 and 24 of
the Proposed Revised Rules of Civil
Procedure
February 12–13, Davao City
� Seminar-Workshop on Procedural,
Substantive Law and Jurisprudence on
Intellectual Property
(NCJR and Region VI)
February 17–18, PTC, Tagaytay City