from the chancellor’s deskphilja.judiciary.gov.ph/files/bulletin/bul66.pdf · volume xvii issue...

VOLUME XVII ISSUE NO. 661

VOLUME XVII ISSUE NO. 66APRIL-JUNE 2015 ISSN 2244-5862

From the Chancellor’s DeskFrom the Chancellor’s DeskFrom the Chancellor’s DeskFrom the Chancellor’s DeskFrom the Chancellor’s Desk

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Supreme Court Senior Associate Justice Antonio T. Carpio speaks on The South China Sea Dispute before distinguished guests at the PHILJATraining Center Auditorium, Tagaytay City.

It was a busy second quarter for PHILJA with the conduct ofour various regular programs: the 72nd Orientation Seminar-Workshop for Newly Appointed Judges; the 29th OrientationSeminar-Workshop for Newly Appointed Clerks of Court; theOrientation Seminar-Workshop for Executive Judges (SelectedRTC and First Level Court Executive Judges, Vice ExecutiveJudges, 1st–3rd Vice Executive Judges, and Single Sala CourtJudges of Luzon); the Judicial Career Enhancement Programfor First Level Court Judges of the Fourth Judicial Region (Rizal,Cavite, Laguna, and Quezon); the Career EnhancementProgram for RTC Clerks of Court (Region V, Naga City and RegionI, Baguio City); the Career Enhancement Programs for CourtSocial Workers in the NCJR and the Third Judicial Region andRegional Trial Court Sheriffs of the NCJR (Batch 1).

A number of special focus seminar-workshops were alsocarried out: Seminar-Workshop on Procedural, SubstantiveLaws and Jurisprudence on Intellectual Property for Clerks ofCourt of Special Commercial Courts of Regions I, II, III, and Vand for Supreme Court and Court of Appeals Attorneys;Capacity Building on Environmental Laws and Rules ofProcedure for Environmental Cases for Judges and BranchClerks of Court; and the Seminar on the Rules of Procedure onFinancial Rehabilitation for Executive Judges and V iceExecutive Judges (Regions I and II; Regions VI, VII, and VIII, aswell as the NCJR and Region III). A focus group discussion (FGD)

pertaining to the ongoing PHILJA Curriculum Reviewparticipated in by business entrepreneurs, lawyers, and courtusers from Makati City also took place at this time.

PHILJA also delivered a Seminar-Workshop on FinancialCrimes and Money Laundering for Judges (Regions I, VI, andVIII); an Information Dissemination through a Dialoguebetween Barangay Officials and Court Officials for the Citiesof Tarlac and Cabanatuan. Likewise, two CompetencyEnhancement Trainings were held one for judges, prosecutors,social workers and law enforcement investigators handlingtrafficking in persons cases (CET-TIP) and another for judgesand court personnel handling cases involving children. ThePersonal Security Training for Judges also continued with twomore batches.

An Intensive Seminar-Workshop on Rules 22 and 24 ofthe Proposed Revised Rules of Civil Procedure for Pilot CourtJudges (2 batches) and a Seminar-Workshop on DangerousDrugs Law for Judges, Prosecutors, and Law Enforcers of theFifth Judicial Region were also mounted.

The Academy also extended its assistance in quite anumber of convention-seminars for the benefit of differentcourt personnel, as follows:

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From the Chancellor’s Desk(Continued from page 1)

10th National Convention and Seminar of the ProcessServers Association of the Philippines (PROSAPHIL)which was held in Lingayen, Pangasinan and whichhad for its theme, “The Process Servers: The Centerof Public Faith and Frontline of Judicial Service;”

18th National Convention and Seminar of the Sheriff’sConfederation of the Philippines (SCOPHIL), held inPasay City;

2nd National Convention and Seminar of theAssociation of Clerks of Court and Ex Officio Sheriffsin Iloilo City with the theme “Judicial Management inthe Regional Trial Court: Its Challenges and Rewards;”

Regional Conference of the Asia-Pacific Region of theInternational Association of Women Judges and 20th

National Convention and Seminar of the PhilippineWomen Judges Association held in Tagaytay City whichhad for this year’s theme “Protecting the Rights ofWomen and Children Across the Asia Pacific Region.”

The Academy, thru the Philippine Mediation Center Office(PMCO), also conducted a handful of activities supportingAlternative Dispute Resolution such as the Annual GeneralAssembly of the Asian Mediation Association at the PHILJATraining Center in Tagaytay; an Orientation on JDR for Clerksof Court and Branch Clerks of Court including PublicProsecutors, Public Attorneys and Law Practitioners in DagupanCity; a Basic Mediation Course as well as a Pre-InternshipOrientation and Meeting with Judges, Clerks of Court, BranchClerks of Court, Mediation Trainees and PMCU Staff for theIlocos (Norte and Sur) Mediation Programs and OrientalMindoro Mediation Program; a Work Orientation and SkillsEnhancement Seminar (WOSES) for PMCU Staff in TagaytayCity; and an Orientation Conference with Stakeholders onCourt-Annexed Mediation for the Palawan Mediation Program.

Finally, we also held a roundtable discussion (RTD)entitled, Knowledge Sharing on Court and Case Managementin partnership with Konrad-Adenauer-Stiftung, and a speciallecture under the PHILJA Founding Chancellor Emeritus JusticeAmeurfina A. Melencio Herrera Award for the MostOutstanding Professorial Lecturer featuring “The South ChinaSea Dispute” by Senior Associate Justice Antonio T. Carpiowhich was broadcast simultaneously via video conference inPTC, Tagaytay and SC En Banc Session Hall in Manila.

We were also kept abreast of new rulings, doctrinalreminders, resolutions, circulars, and orders of the Court aswell as of the Office of the Court Administrator.

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From the Chancellor’s Desk . . . . . . . . . . . . . . . . .

Training Programs and Activities . . . . . . . . . . . . .

Judicial Moves . . . . . . . . . . . . . . . . . . . . . . . . . . . .

New Rulings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Doctrinal Reminders . . . . . . . . . . . . . . . . . . . . . . .

Resolutions

A.M. No. 15-04-06-SC – Financial Liquidation andSuspension of Payments Rules of Procedure forInsolvent Debtors (2015) . . . . . . . . . . . . . . . . . . . . . .

Orders

Memorandum Order No. 14-2015 – Creating theSpecial Committee on Speedy Trial . . . . . . . . . . . . . .

Memorandum Order No. 14-A-2015 – Designatingan Additional Member of the Special Committee onSpeedy Trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Memorandum Order No. 15-2015 – Reorganizingthe Subcommittee on Commercial Courts . . . . . . . . .

Circulars

OCA Circular No. 70-2015 – Payment ofRepresentation and Transportation Allowance(RATA) for the Designated Officer in Charge (OIC)-Clerk of Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

OCA Circular No. 75-2015 – Submission ofPhotograph of the Accused before the ScheduledArraignment and Inclusion of the Correct MiddleName in the Preparation of a Warrant of Arrest . . .

OCA Circular No. 77-2015 – Application of RepublicAct No. 10640 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

OCA Circular No. 81-2015 – Synchronized JusticeSystem Calendar . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

OCA Circular No. 100-2015 – Temporary Release ofInmates Suffering from Communicable Diseases andOther Health Concerns to Hospitals for AppropriateTreatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

OCA Circular No. 102-2015 – Clarification andAmendment to A.M. No. 04-7-02-SC (Re: Guidelineson Corporate Surety Bonds) . . . . . . . . . . . . . . . . . . . .

Third Quarter 2015 Training Programs andActivities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Training Programs and Activities

The PHILJA Founding Chancellor Emeritus Justice Ameurfina A. Melencio Herrera Awardfor the Most Outstanding Professorial Lecturer featuring

Senior Associate Justice Antonio T. Carpio on “The South China Sea Dispute”

On April 27, 2015, PHILJA conducted a special lecturefeaturing the topic The South China Sea Dispute by SupremeCourt Senior Associate Justice Antonio T. Carpio, the recipientof the 2015 Founding Chancellor Emeritus Justice AmeurfinaA. Melencio Herrera Award for the Most OutstandingProfessorial Lecturer. It was held in PHILJA Training Center,Tagaytay City as the main site and via video conferencing atthe En Banc Session Hall of the Supreme Court, with 170 and149 participants, respectively. The attendees were composedof Supreme Court (SC), Court of Appeals (CA), Court of TaxAppeals (CTA) and Sandiganbayan justices; SC and PHILJAofficials and employees; judges and other lower courtpersonnel; CA, CTA and Sandiganbayan employees; andguests from other government agencies and the privatesector.

PHILJA Chancellor Justice Adolfo S. Azcuna delivered theOpening Remarks and welcomed the attendees. JusticeAngelina Sandoval-Gutierrez formally introduced the lecturerthen the lecture proper followed. Aided by a Powerpointpresentation, Justice Carpio’s discussion revolved onquestions and issues surrounding the South China Sea amongwhich are: the pending South China Sea dispute; lawgoverning the dispute; low-tide elevations (LTEs), artificialislands, exclusive economic zone (EEZ) and continental shelf(CS); legal effect of the reclamations undertaken by China inthe Spratlys; legal basis under international law to China’s 9-dashed lines claim; overriding principle in resolvingoverlapping EEZs and CS; legal basis of the Philippines’ claimto Scarborough Shoal; and the basic objections of China tothe arbitration case filed by the Philippines under UNCLOS.The presentation also showed photos of the historical mapof Murillo Velarde, China’s 9-dashed lines and its reclamationsin the Spratlys; and discussed the implications of thesemassive reclamations to the Philippines and other SoutheastAsian countries. The lecture was followed by an open forum.Thereafter, Justice Carpio formally presented his paper to thechildren of Justice Melencio Herrera and to the Supreme

continued on page 46

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Roundtable Discussion: Knowledge Sharing on Court and Case Management

On June 9–10, 2015, PHILJA, in partnership with Konrad-Adenauer-Stiftung (KAS), conducted the RoundtableDiscussion: Knowledge Sharing on Court and CaseManagement. The activity, held in the Philippines for thefirst time, is a gathering of Asia Pacific judicial academies.Forty-four magistrates, judges and head of judicial academiesfrom Germany, V ietnam, Cambodia, Bhutan, Taiwan,Indonesia and the Philippines participated in this internationalforum. The program was designed to re-apprise theparticipants of the various laws, rules, jurisprudence anddevelopments on court and case management; familiarizethem with the emerging trends on court and casemanagement and the various challenges that must beaddressed to improve present system; and expose them tothe best practices being observed in other countries.

PHILJA Chancellor Justice Adolfo S. Azcuna formallyopened the program followed by Mr. Marc AlexanderSpitzkatz’s message in behalf of the KAS. The discussionstarted off with retired Court Administrator Zenaida N.Elepaño’s orientation on Philippine laws and Rules ofProcedure in different courts relative to disposition of cases.Following is a roundtable discussion among the participantsthat brought about significant views on emerging trends andbest practices on court and case management from aninternational perspective as well as from a local or Philippineperspective. The discussants were Dr. Bernd Wilhelm Pickel,President of the High Court, Berlin, Germany; Justice Shin-Min Chen of the Constitutional Court of Taiwan; Judge AgusSubroto of the Appeal Court of Jakarta and Head of Educationand Training Center for Technical Judiciary, Supreme Courtof the Republik of Indonesia; Hon. Wei-Ya Wu, Head of

Research and Development, Judges Academy of Taiwan; Hon.Thong Chenda, Vice President of the Royal Academy forJudicial Professions, Cambodia; Ms.Thi Hang Nga Nguyen,Deputy Chief of Commercial Law Team of Judge Training andVice Dean of the Faculty of Lawyers Training, Judicial Academyof Vietnam; Hon. Tshering Dorji, Registrar General of theSupreme Court of Bhutan; Court of Appeals Justice MariaFilomena D. Singh; Judge Maria Rowena Modesto-San Pedroof RTC Br. 158, Pasig City; Court Administrator Jose Midas P.Marquez; and Deputy Court Administrator Raul B. Villanueva.

From among the many challenges on court management,the participants identified the following as prevailing in thecourts: bringing courts to the digital age; growing complexityof cases that are brought to court; health effects on judgesconsidering their heavy caseloads; and modernizationthrough reforms in human resources, training, budgeting,information technology and public services. Justice Singhidentified the following as challenges faced by Philippinecourts: difficulty to shift to eCourts because of securityreasons and technical deficits; and delivering justice on realtime by having a court manager/trained managementpersonnel with tailor fit court management style and workingwith a central docket system and a unified trial calendar inorder that needed orders be expeditiously effected andserved.

Relative to best practices on court management, Dr. Pickelstated that today in Germany, all court stations are equippedwith computers with developed databases. In Indonesia, theyprovide certification trainings for judges on various areas;



Career Enhancement Programs for Court Social Workers and Sheriffs

In May 2015, PHILJA pioneered the first career enhancement programs (CEP) for court social workers and sheriffs. The Academyaddressed the need of court social workers and sheriffs for continuing judicial education to ensure competent, efficient andethical performance of their official functions.

Career Enhancement Program for Court Social Workers

Held on May 5–7, 2015, the activity was attended by 67 court social workers from the National Capital Judicial Region (NCJR)and the Third Judicial Region.

The program aims to update court social workers on relevant laws, recent jurisprudence and administrative policies; andenhance their skills and strengthen their values in the discharge of their duties. Topics discussed were family court and therole of court social worker; children in conflict with the law; Anti-Violence Against Women and Their Children Act; Rule onExamination of Child Witness; case management, preparation and presentation of case study reports; interviewing andcounselling skills and techniques; recent Supreme Court circulars, administrative orders and jurisprudence concerning courtsocial workers; and updates on adoption laws. Workshops on interviewing and counselling skills and techniques; and onethical considerations in the discharge of official functions were also incorporated in the program. The participants weregiven the opportunity to dialogue with the officials from the Office of the Court Administrator in order for them to raise theirspecific administrative concerns.

Career Enhancement Program for Sheriffs

The activity was conducted on May 19–21, 2015 and participated in by 68 sheriffs from NCJR. In order to update the participantson relevant laws, recent jurisprudence and administrative policies, the program contained lectures such as service of summons,writs and other court processes, sheriff’s forms, execution of judgment, relevant provisional remedies and special civil actions,

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Asian Mediation Association Annual General Meeting

The Philippine Mediation Center Office (PMCO) of the Philippine Judicial Academy (PHILJA) hosted the Asian MediationAssociation (AMA) Annual General Meeting (AGM) on April 17, 2015, at the PHILJA Training Center in Tagaytay City. It wasattended by 20 representatives from AMA, PHILJA, PMCO, and the Office of the Court Administrator (OCA) who discussed thereport of the AMA Chairman on the 3rd AMA Conference held in Hong Kong on April 3–4, 2014, the election of a new AMAChairman for the 4th AMA Conference to be held in China in 2016, and the AMA website and linkage with ASEAN.

AMA came into being on August 17, 2007, when representatives from Hong Kong, Indonesia, Malaysia, the Philippines,and Singapore—the five leading mediation centers in Asia—signed a Memorandum of Understanding. Subsequently, AMAaccepted Bahrain, China, Fiji, India, Japan, and Thailand as additional members. AMA provides access to resources for thesettlement of business and commercial disputes in Asia.

Since its inception, AMA holds annual general meetings and biennial conferences. The PMCO is an active member of AMAand its representatives have been attending all its activities. Last year, the Supreme Court sent a delegation to the 3rd AMAConference headed by PHILJA Chancellor Adolfo S. Azcuna together with other members of the PMCO Executive Committee,namely, Court Administrator Jose Midas P. Marquez, Justice Marina L. Buzon, Dean Eduardo D. De los Angeles, Judge Selma P.Alaras, Comm. Linda L. Malenab-Hornilla, Atty. Jose C. Saluib, Jr., and Mr. Jose T. Name, Jr.

procedure in claiming transportation expenses from the Sheriff’s Trust Fund, verbal and non-verbal communication skillsand techniques, revisiting the Code of Conduct for Court Personnel, Supreme Court circulars, and administrative ordersand recent jurisprudence concerning sheriffs. To further enhance skills and strengthen their values in the discharge ofduties, workshops were conducted on: how to properly serve summons, subpoenas, and writs; how to accomplish sheriff’sforms, the Statement of Estimated Transportation and Travel Expenses and the Statement of Liquidation; improvingverbal and non-verbal communication skills; and applying the learnings gained from revisiting the Code of Conduct forCourt Personnel. A dialogue with the officials from the Office of the Court Administrator capped the activity.

Career Enhancement Programs for Court Social Workers and SheriffsContinued from page 5


Orientation Seminar

72nd Orientation Seminar-Workshop forNewly Appointed JudgesDate: June 16–25, 2015Venue: PHILJA Training Center, Tagaytay CityParticipants: 40 newly appointed and 9 promoted judges,namely:

I. NEW APPOINTMENTS

REGIONAL TRIAL COURTS

NCJRHon. Elma M. Rafallo-LinganRTC, Br. 159, Pasig City

REGION IHon. Walter O. JuniaRTC, Br. 39, Lingayen, Pangasinan

REGION VIHon. Rodney Z. MagbanuaRTC, Br. 61, Kabankalan City, Negros Occidental

REGION XHon. Alma V. AzanzaRTC, Br. 12, Oroquieta City, Misamis Occidental

REGION IXHon. Analyn F. Ramas-CostanillaRTC, Br. 30, Aurora, Zamboanga del Sur

MUNICIPAL TRIAL COURTS IN CITIES

REGION IHon. Jeanylene T. Isip-FukaiMTCC, Br. 2, San Fernando City, La Union

REGION IIHon. Genevieve D. Ande-EwanganMTCC, Br. 1, Santiago City, Isabela

REGION VIIHon. Jenelyn V. ForrosueloMTCC, Br. 4, Cebu City, CebuHon. Manuel Isidro Rosauro V. Barrios*MTCC, Br. 4, Roxas City, Capiz

REGION IXHon. Eduardo I. LedesmaMTCC, Br. 4, Zamboanga City, Zamboanga del SurHon. Kenneth P. RosalMTCC, Br. 2, Dipolog City, Zamboanga del Norte

REGION XHon. Fay L. Garcia-SasisMTCC, Br. 4, Cagayan de Oro City, Misamis OrientalHon. Eden Crispy B. LasalaMTCC, Br. 1, Surigao City, Surigao del NorteHon. Nelison U. Pajarillo-SalcedoMTCC, Valencia City, Bukidnon

REGION XIHon. Kim E. Ortiz-LiquidoMTCC, Bislig City, Surigao del Sur

REGION XIIHon. Christina T. Haw Tay-JoveroMTCC, Cotabato City, Maguindanao

MUNICIPAL TRIAL COURTS

REGION IHon. Alta Grace N. BrionesMTC, Rosales, PangasinanHon. Debbie G. Dulay-Del ValMTC, Naguilian, La Union

REGION IIHon. Francisco O. PilpilMTC, Solano, Nueva Vizcaya

REGION IVHon. Isagani N. RavidasMTC, Alubijid, Misamis Oriental

REGION XHon. Saidamen M. GaniaMTC, Buenavista, Agusan del Norte

REGION XIHon. Gemma G. BetonioMTC, Asuncion, Davao del NorteHon. Jimmy B. BocoMTC, Maco, Compostela ValleyHon. Marie Grace V. Entila-EbordeMTC, Tupi, South CotabatoHon. Maria Eloisa A. MaglanaMTC, Baganga, Davao OrientalHon. Jeoffrey C. ManluyangMTC, Governor Generoso, Davao Oriental

* Was issued Certificate of Completion for attending missed subjectsduring the 71st Orientation for Newly Appointed Judges.

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REGION XIIHon. Alvin E. GuntangMTC, Isulan, Sultan KudaratHon. Mary Sheila B. PestolanteMTC, Sultan Naga Dimaporo, Lanao del NorteHon. Bai Israhayda C. SinsuatMTC, Sultan Kudarat, Maguindanao

MUNICIPAL CIRCUIT TRIAL COURTS

REGION IHon. Trinidad T. Abad-Ferrer6th MCTC: Pozorrubio-Sison, PangasinanHon. Geraldine B. Ramos4th MCTC: Narvacan-Nagbukel-Santa, Ilocos Sur

REGION IIHon. Norbert Bong S. Obedoza7th MCTC: Cordon-Dinapigue, Isabela

REGION VIIIHon. Lorna P. Obus-Pades10th MCTC: Merida-Isabela, Leyte

REGION XIHon. Cheryll Ann C. Chamen-Paronda2nd MCTC: Hagonoy-Matanao, Davao del SurHon. Josie A. Felipe6th MCTC: Surallah-Lake Sebu, South CotabatoHon. Allan P. Temones2nd MCTC: Caraga-Manay-Tarragona, Davao OrientalHon. Cashmere Jo-An Augustia D. Zayas-Cruiz5th MCTC: Marihatag-San Agustin, Surigao del Sur

REGION XIIHon. Vicente V. Imbang2nd MCTC: M’Lang-Matalam, North CotabatoHon. Angelito V. Rasalan5th MCTC: Upi-South Upi, MaguindanaoHon. Eugene David R. Tancinco3rd MCTC: Kabacan-Carmen, North Cotabato

II. PROMOTION


NCJRHon. Ana Marie T. MasRTC, Br. 52, ManilaHon. Phoeve C. MeerRTC, Br. 275, Las Piñas City

REGION IHon. Nida B. Alejandro (Lateral)RTC, Br. 12, Laoag City, Ilocos Norte

REGION IIHon. Paul Ramil Attolba, Jr.RTC, Br. 30, Bambang, Nueva Vizcaya

REGION IVHon. Nora B. MontejoRTC, Br. 14, Oroquieta City, Misamis Occidental

REGION IXHon. Ric S. BastasaRTC, Br. 8, Dipolog City, Zamboanga del NorteHon. Jose Rene G. DondoyanoRTC, Br. 6, Dipolog City, Zamboanga del Norte

REGION XHon. Kimal M. SalacopRTC, Br. 6, Prosperidad, Agusan del Sur

REGION XIHon. Arlene I. Lirag-PalabricaRTC, Br. 31, Tagum City, Davao del Norte

29th Orientation Seminar-Workshop forNewly Appointed Clerks of Court

Date: June 2–5, 2015Venue: PHILJA Training Center, Tagaytay CityParticipants: 57 newly appointed clerks of court, namely:


NCJRAtty. Katlyn Anne Carlos AguilarRTC, Br. 4, ManilaAtty. Erwin Novida BarataRTC, OCC, Mandaluyong CityAtty. Maricel Rufin CairoRTC, Br. 142, Makati CityAtty. Maria Nenita Diamse CatapatRTC, Br. 40, ManilaAtty. Leannie Arciaga Dela CruzRTC, Br. 120, Caloocan CityAtty. Josefino Manaig Melgar IIIRTC, Br. 56, Makati CityAtty. Agnes Tongco MontunoRTC, Br. 12, ManilaAtty. Maria Laarni Nañoz MorallosRTC, Br. 161, Pasig CityAtty. Donna May Parreno SanchezRTC, Br. 100, Quezon CityAtty. James Jules Botolan TamayoRTC, Br. 50, Manila


REGION IAtty. Bernard ManriqueRTC, Br. 15, Laoag City, Ilocos Norte

REGION IIAtty. Apple Redondo JandocRTC, Br. 29, Bayombong, Nueva Vizcaya

REGION IIIAtty. Marichriz Ipapo DumalayRTC, Br. 17, Malolos City, BulacanAtty. Eddielyn Lopez GatdulaRTC, Br. 22, Malolos City, BulacanAtty. Gerry Radona GruspeRTC, OCC, Olongapo City, ZambalesAtty. Sheila Minnelli Carmona OlivaRTC, Br. 84, Malolos City,Bulacan

REGION IVAtty. Stephen Acuzar LamanilaoRTC, OCC, Pinamalayan, Mindoro OrientalAtty. Joseph Legaspi MartinezRTC, Br. 87, Rosario, BatangasAtty. Mary Ann Panganiban Mendoza-BolisayRTC, Br. 75, San Mateo, RizalAtty. Diana Rose Buan RamosRTC, Br. 80, Morong, Rizal

REGION VAtty. Odessa Grace Encarnacion GonzagaRTC, OCC, Naga City, Camarines Sur

REGION VIIAtty. Elsie Delantar FabianRTC, OCC, Tagbilaran City, Bohol

REGION VIIIAtty. Marichu P. Advincula-SamsonRTC, Br. 8, Tacloban City, Leyte

REGION IXAtty. Dinah Bahan Cagampang-SapongRTC, Br. 29, San Miguel, Zamboanga del Sur

REGION IXAtty. Glynmar Caharian BalangkigRTC, Br. 11, Manolo Fortich, BukidnonAtty. Kathleen Español Llenares-CezarRTC, Br. 34, Cabadbaran City, Agusan del Norte

REGION XIAtty. Dave Landero CuarteroRTC, Br. 40, Tandag City, Surigao del SurAtty. Kristine Jane Basuga PagueRTC, Br. 17, Davao City, Davao del Sur

METROPOLITAN TRIAL COURTS

NCJRMr. Patrick De Vera CalaunanMeTC, OCC, Parañaque CityMs. Christine Taningco MisticaMeTC, Br. 97, Mandaluyong CityMr. Kevin Kingston Bondoc RonquilloMeTC, Br. 99, Mandaluyong City

MUNICIPAL TRIAL COURTS IN CITIES

REGION IMs. Cherry Lim GayagoyMTCC, Br. 1, Dagupan City, Pangasinan

REGION IIMr. Allen Dongui-is ApalingMTCC, Tabuk City, Kalinga

REGION VIMs. Eleanor Lonado FioMTCC, Br. 2, Iloilo City, Iloilo

REGION VIIMs. Johanna Jumawan MagusaraMTCC, Bayawan City, Negros Oriental

REGION VIIIMs. Rebecca Salazar MacasoMTCC, Br. 1, Tacloban City, Leyte

REGION IXMs. Prescila Relado CornellaMTCC, Br. 3, Zamboanga City

MUNICIPAL TRIAL COURTS

REGION IIIMr. Mark Derick Bayudan CastilloMTC, Aliaga, Nueva EcijaMr. Jay-ar Reyes CuartoMTC, Pulilan, BulacanMs. Catherina Flores De JesusMTC, San Antonio, Nueva Ecija

REGION IVMs. Niñarichie R. Alvarez-CosicoMTC, Bay, LagunaMr. Apolonio M. SugayMTC, Candelaria, Quezon

REGION VMs. Jasmin Diezmo AlvarezMTC, Basud, Camarines Norte

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REGION VIMs. Camelia Rhea Polines LozadaMTC, Mambusao, Capiz

REGION VIIIMs. Emiliana Gonito DelisMTC, Babatngon, LeyteMs. Gladys Celajes LabeniaMTC, Palapag, Northern Samar

REGION XIMs. Zenaida Austria TamparongMTC, Aurora, Zamboanga del Sur

MUNICIPAL CIRCUIT TRIAL COURTS

REGION IMr. Gerald Leones Brillo5th MCTC: Sta. Maria-Burgos, Ilocos SurMs. Joanne Sevidal Goltiao9th MCTC: Tayug-San Nicolas, Pangasinan

REGION IIIMs. Michelle Taruc Esguerra5th MCTC: Apalit-San Simon, Pampanga

REGION IVMs. Cecilia Manahan Jaime2nd MCTC: Bansud-Gloria, Mindoro Oriental

REGION VIIMs. Ma. Golda Amila Eftimov2nd MCTC: Tubigon-Clarin, BoholMr. Allan Amista Hinautan9th MCTC: Guindulman-Duero, Bohol

REGION VIIIMs. Constancia Bagunas Valenzuela9th MCTC: Giporlos-QuinapundanEastern Samar

REGION XMr. Crispen Lamor Villarosa1st MCTC: Malimono-San FranciscoSurigao del Norte

REGION XIMs. Rowena Regala Layno6th MCTC: Barobo-Lianga, Surigao del SurMs. Debra Alameda Sanchez5th MCTC: Marihatag-San AgustinSurigao del Sur

JCEP for First Level Court Judges of the Fourth JudicialRegion (Rizal, Cavite, Laguna, and Quezon)Date: May 27–29, 2015Venue: PHILJA Training Center, Tagaytay CityParticipants: 55 MTCC, MTC, and MCTC judges

Judicial Career Enhancement Program (JCEP)

Seminar for Executive Judges (Selected RTC and First LevelCourt Executive Judges, Vice Executive Judges, 1st–3rd ViceExecutive Judges, and Single Sala Court Judges of Luzon)Date: May 6–7, 2015Venue: PHILJA Training Center, Tagaytay CityParticipants: 2 RTC and 36 MeTC, MTCC, and MTC judges

Career Enhancement Program for RTC Clerks of CourtREGION IDate: May 26–28, 2015Venue: Hotel Veniz, Baguio CityParticipants: 71 RTC clerks of court

REGION VDate: May 5–7, 2015Venue: Avenue Plaza Hotel, Naga CityParticipants: 67 RTC clerks of court

Career Enhancement Program for Court Social WorkersNCJR AND REGION IIIDate: May 5–7, 2015Venue: PHILJA Training Center, Tagaytay CityParticipants: 67 RTC court social workers

Career Enhancement Program for RTC SheriffsNCJR (BATCH 1)Date: May 19–21, 2015Venue: PHILJA Training Center, Tagaytay CityParticipants: 68 RTC sheriffs

Career Enhancement Program

Seminar for Executive Judges


Information Dissemination through a Dialogue betweenBarangay Officials and Court Officials

PROVINCE OF TARLAC

Date: April 23, 2015Venue: Diwa ng Tarlac Community CenterRomulo Blvd., Tarlac City, TarlacParticipants: 391 barangay officials

CITY OF CABANATUAN

Date: April 24, 2015Venue: Session Hall, City Hall Phase 2Kapitan Pepe Subdivision, Cabanatuan CityParticipants: 236 barangay officials

Personal Security Training for JudgesDate: April 28–30, 2015Venue: PHILJA Training Center, Tagaytay CityParticipants: 49 RTC, MeTC, MTCC, MTC, MCTC, and SCCjudges

Date: June 23–25, 2015Venue: PHILJA Training Center, Tagaytay CityParticipants: 64 RTC, MeTC, MTCC, MTC, and MCTC Judges

Competency Enhancement Training

JUDGES, PROSECUTORS, SOCIAL WORKERS AND LAW ENFORCEMENT

INVESTIGATORS HANDLING TRAFFICKING IN PERSONS CASES

Date: April 28–30, 2015Venue: The Lake Hotel, Tagaytay CityParticipants: 54 RTC judges, prosecutors, social workers, andlaw enforcers

JUDGES AND COURT PERSONNEL HANDLING CASES INVOLVING CHILDREN

Date: June 2–4, 2015Venue: Hotel Elizabeth, Cebu CityParticipants: 60 RTC judges, clerks of court/officers in charge,court interpreters, court social worker, prosecutors, PAOlawyers, and representatives from Consuelo Foundation

Intensive Seminar-Workshop on Rules 22 and 24 of theProposed Revised Rules of Civil Procedure for Pilot CourtJudgesDate: May 21–22, 2015Venue: Century Park Hotel, Malate, ManilaParticipants: 34 RTC, MeTC, and MTCC judges

Date: June 16, 2015Venue: Century Park Hotel, Malate, ManilaParticipants: 16 RTC, MeTC, and MTCC judges

Special Focus Program

Seminar-Workshop on Procedural, Substantive Laws andJurisprudence on Intellectual Property

CLERKS OF COURT OF SPECIAL COMMERCIAL COURTS OF

REGIONS I, II, III, AND VDate: April 7–8, 2015Venue: Baguio Country Hotel, Baguio CityParticipants: 58 RTC clerks of court

SUPREME COURT AND COURT OF APPEALS ATTORNEYS

Date: May 19–20, 2015Venue: PHILJA Training Center, Tagaytay CityParticipants: 45 SC and CA attorneys

Capacity Building on Environmental Laws and the Rules ofProcedure for Environmental Cases for Judges and BranchClerks of CourtDate: April 15–17, 2015Venue: PHILJA Training Center, Tagaytay CityParticipants: 41 RTC, MeTC, and MTCC judges and branchclerks of court

Seminar on the Rules of Procedure on FinancialRehabilitation for Executive Judges and Vice ExecutiveJudges

NCJR AND REGION IIIDate: June 26, 2015Venue: Hotel Jen Manila, Pasay CityParticipants: 37 judges

REGIONS I AND IIDate: April 16, 2015Venue: Diamond Hotel, ManilaParticipants: 20 judges

REGIONS VI, VII, AND VIIIDate: June 5, 2015Venue: Bayfront Hotel Cebu, Cebu CityParticipants: 27 judges

Seminar-Workshop on Financial Crimes and MoneyLaundering for JudgesREGION IDate: April 21–22, 2015Venue: Fort Ilocandia Hotel, Laoag CityParticipants: 24 RTC judges and 1 MTCC Judges

REGIONS VI AND VIIIDate: June 16–17, 2015Venue: Radisson Blu Hotel, Cebu CityParticipants: 39 RTC judges

APRIL - JUNE 201512

Alternative Dispute ResolutionProgram

Annual General Assembly by the Asian MediationAssociationDate: April 17, 2015Venue: PHILJA Training Center, Tagaytay CityParticipants: 20 representatives from AMA, PHILJA, PMCO,and the Office of the Court Administrator

Orientation of Clerks of Court and Branch Clerks of Courton Judicial Dispute ResolutionDate: April 29, 2015Venue: Dagupan Village Hotel, Dagupan City, PangasinanParticipants: 63 clerks of court and branch clerks of court

Orientation of Public Prosecutors, Public Attorneys, andLaw Practitioners on Judicial Dispute ResolutionDate: April 29, 2015Venue: Dagupan Village Hotel, Dagupan City, PangasinanParticipants: 83 prosecutors, PAO and IBP lawyers

Basic Mediation Course

ILOCOS MEDIATION PROGRAM

Date: May 4–7, 2015Venue: Java Hotel, Laoag City, Ilocos NorteParticipants: 48 mediators

Pre-internship Orientation and Meeting with Judges, Clerksof Court, Branch Clerks of Court, Mediation Trainees andPMCU Staff

ILOCOS NORTE MEDIATION PROGRAM

Date: May 7, 2015Venue: Java Hotel, Laoag City, Ilocos NorteParticipants: 77 judges, clerks of court, mediation trainees,and PMCU staff

10th National Convention and Seminar of the ProcessServers Association of the Philippines (PROSAPHIL)Theme: The Process Servers: The Center of Public Faith andFrontline of Judicial ServiceDate: April 15–17, 2015Venue: Sison Auditorium, Lingayen, PangasinanParticipants: 435 process servers

18th National Convention and Seminar of the Sheriffs’Confederation of the Philippines (SCOPHIL)Theme: Isang Malayang Korte Suprema: Mahalagang Haliging Isang Malayang BansaDate: April 22–24, 2015Venue: Le Pavillion, Metro Park, Bay Area, Pasay CityParticipants: 824 sheriffs and representatives from DARABand Social Security Commission (SSC)

2nd National Convention and Seminar of the Association ofClerks of Court and Ex Officio SheriffsTheme: Judicial Management in the Regional Trial Court: ItsChallenges and RewardsDate: April 28–30, 2015Venue: Amigo Terrace Hotel, Iloilo CityParticipants: 63 RTC clerks of court and ex officio sheriffs

Convention-Seminars

PHILJA Curriculum Review: Focus Group Discussion (FGD)

BUSINESS ENTREPRENEURS

Date: April 21, 2015Venue: Bernas Center for Continuing Legal Education andResearch, Ateneo de Manila Law School, Rockwell Center,Makati CityParticipants: 8 business entrepreneurs and a representativefrom MCLE Governing Board

LAWYERS/COURT USERS

Date: May 5, 2015Venue: Bernas Center for Continuing Legal Education andResearch, Ateneo de Manila Law School, Rockwell Center,Makati CityParticipants: 21 lawyers and court users

Discussion Session

Regional Conference of the Asia-Pacific Region of theInternational Association of Women Judges and 20th

National Convention and Seminar of the Philippine WomenJudges AssociationTheme: Protecting the Rights of Women and Children Acrossthe Asia Pacific RegionDate: May 12–15, 2015Venue: Taal Vista Hotel, Tagaytay CityParticipants: 450 lady justices and judges


Roundtable Discussion: Knowledge Sharing on Court andCase ManagementDate: June 9–10, 2015Venue: The Peninsula Manila, corner Ayala andMakati Avenues, Makati CityParticipants: 44 OCA officials, selected RTC and MeTC judges,foreign delegates, representatives from Konrad AdenauerStiftung, and PHILJA Officials, Chiefs of Offices, Professorsand Professorial Lecturers

Roundtable Discussion

The PHILJA Founding Chancellor Emeritus JusticeAmeurfina A. Melencio Herrera Award for the MostOutstanding Professorial Lecturer featuring “The SouthChina Sea Dispute” by Senior Associate Justice Antonio T.CarpioDate: April 27, 2015Venue: PHILJA Training Center, Tagaytay City with videoconferencing at the SC En Session Hall, ManilaParticipants: host site – 170 CA, CTA and Sandiganbayanjustices, SC and PHILJA officials and employees, RTC, MeTC,MTCC, MTC and MCTC judges, branch clerks of court andlegal researchers, and other guests; remote site – 149 SCand PHILJA officials and employees, CA, CTA andSandiganbayan employees, and other guests

Special Lecture

ILOCOS SUR MEDIATION PROGRAM

Date: May 8, 2015Venue: One Vittoria Hotel, Vigan City, Ilocos SurParticipants: 56 judges, clerks of court, mediationtrainees, and PMCU staff

Work Orientation and Skills Enhancement Seminar forPhilippine Mediation Center Unit StaffDate: May 14–15, 2015Venue: PHILJA Training Center, Tagaytay CityParticipants: 73 PMCU staff

Orientation Conference with Stakeholders on Court-Annexed Mediation (Palawan Mediation Program)Date: June 4, 2015Venue: Citystate Asturias Hotel, Puerto Princesa CityParticipants: 89 RTC, MTCC, MTC, and MCTC judges andclerks of court, representatives from NPS, PAO, IBP, LGU,NGO, media, academe, and civil society.

while in Taiwan, they train their legal assistants and clerkson preparation of non-judgment issuances, and theirspecialized courts are stationed in different areas. In thePhilippines, judges discover that the methods they areemploying are the key components to effective courtmanagement, thus the need for further trainings onthese. Justice Singh likewise presented the best practiceson court management in Philippine courts: establishmentof small claims courts; the establishment of eCourts whichincludes computerization of eCalendar, templates andforms, automated hearings, and eRaffle; and the creationof the justice zone project where there is an inter-agencycoordination from case start up to adjudication to postjudgment. CA Marquez went on to elaborate on theproject Hustisyeah where a team, composed of asupervisor from the Office of the Court Administrator,law students and private lawyers, draws up adecongestion plan together with the judge. DCAVillanueva meanwhile expounded on the concept ofeNotices or the sending of notices through SMS, emailor phone calls, and eSubpoenas, wherein they aredeemed served upon uploading to their PNP databank.

Among the relevant views shared on casemanagement, noteworthy are the following: flexibilityin good case management, network for exchange of ideasin the national and international arena, automizedmonitoring of cases, utilization of the services of anamicus curiae that can help in complex cases, courtinformation systems for effective case management andmonitoring, information desks and legal aid, distributionof digital recording devices for accurate recording ofhearings and their case tracking system, and one year-period for deciding cases through the reduction of judicialforms.

Capping the activity was the Closing Remarksdelivered by Court Administrator Marquez.

The activity is part of the Academy’s effort to conformto Chief Justice Maria Lourdes P. A. Sereno’s judicialreform agenda for the Philippine Supreme Court onensuring the predictability, rationality, speed andresponsiveness of judicial actions and improved systems,processes and infrastructures. It is one of those programsthat address court and case management in relation toreform and innovation in realizing the judiciary’simportant role in the ASEAN region.

Roundtable Discussion:Knowledge Sharing on Court and Case Management(continued from page 4)

APRIL - JUNE 201514

PHILJA Chancellor Adolfo S. Azcuna (seated, center), and Dean Ed Vincent S. Albano (seated, 8th from left) with the participants of the JudicialCareer Enhancement Program (JCEP) for First Level Court Judges of the Fourth Judicial Region (Rizal, Cavite, Laguna, and Quezon) held on May27–29, 2015, at the PHILJA Training Center, Tagaytay City.

The Resource Persons and trainers from the National Bureau of Investigation (NBI), with the participants of the Personal Security Training forJudges held on April 28–30, 2015, at the PHILJA Training Center, Tagaytay City.

Fr. Ranhilio C. Aquino, Chair of PHILJA’s Department of Jurisprudence and Legal Philosophy, gives some pointers to the participants of thePHILJA Curriculum Review: Focus Group Discussion (FGD) for Lawyers/Court Users held on May 5, 2015, at the Bernas Center for ContinuingLegal Education and Research, Ateneo de Manila Law School, Rockwell Center, Makati City.


Note: Additional pictures for these events are available for download at the Photo Gallery section of the PHILJA website (http://philja.judiciary.gov.ph)

Chief Justice Ma. Lourdes P. A. Sereno, addresses the attendees of the Information Dissemination through a Dialogue between BarangayOfficials of the Province of Tarlac and Court Officials held on April 23, 2015, at the Diwa ng Tarlac Community Center, Romulo Blvd., Tarlac City.Also present during the event are officials from the Local and Provincial Government of Tarlac.

Court Administrator Jose Midas P. Marquez (seated, center) with the participants of the 29th Orientation Seminar-Workshop for Newly AppointedClerks of Court held on June 2–5, 2015, at the PHILJA Training Center, Tagaytay City.

The Facilitators and Resource Persons with the participants of the Competency Enhancement Training for Judges, Prosecutors, Social Workersand Law Enforcement Investigators Handling Trafficking in Persons Cases held on April 28–30, 2015, at The Lake Hotel, Tagaytay City.

APRIL - JUNE 201516

Court of Appeals

Hon. RONALDO B. MARTINAssociate JusticeCourt of Appeals

Appointed on May 5, 2015

Hon. SARAH JANE T. FERNANDEZAssociate JusticeSandiganbayan

Appointed on May 5, 2015

Sandiganbayan

Justice Sarah Jane T. Fernandez was appointed AssociateJustice of the Sandiganbayan on May 5, 2015. She took heroath of office before Chief Justice Maria Lourdes P. A. Serenoon May 11, 2015.

Prior to her appointment to the Sandiganbayan, JusticeFernandez served as an Assistant Solicitor General for morethan eight years at the Office of the Solicitor General. Shewas the lead assistant solicitor general in the arbitration casefiled by the Republic of the Philippines against the People’sRepublic of China.

Justice Fernandez was also a lecturer of Taxation I, LegalWriting and Statutory Construction at the University of SantoTomas from 2008 to 2011.

Justice Fernandez was born in Dagupan City. She is theyoungest daughter of Jimmy Lim Fernandez and RemediosTan-Fernandez. She finished her primary and secondaryeducation at the Divine Word Academy of Dagupan (1986).She holds a BS Legal Management Degree (1990) from theAteneo de Manila University, a Juris Doctor [Second Honors](1994) from the Ateneo de Manila School of Law, and aMaster in Management (2001) from the Asian Institute ofManagement. She is an alumna of the Rhodes Academy ofOceans Law and Policy (2013), and of the International LawInstitute (2013 and 2014).

Justice Ronaldo B. Martin is an Associate Justice of the Courtof Appeals, a position he assumed on June 13, 2015. Hisprofessional experience ranges from legal to academic asfollows: teacher of Tulong Dunong at the Ateneo de ManilaUniversity High School (1986–1987); scriptwriter of “StreetPulse,” a political magazine talk show (1987–1988);Legislative Liaison Officer at the Office of Senator Rene A.V.Saguisag (1988–1992); Project Coordinator for thePresidential Elections, Philippine Pastoral Council forResponsible Voting (PPCRV) under Fr. Tito Caluag, S.J.(1992); Legal Counsel at the Congressional Commission onHealth (Healthcom) (1992) and for labor cases at the Sentrong Alternatibong Lingap Pangligal (SALIGAN) (1992–1993);Labor Lawyer at the National Union for Workers in Hotels,Restaurants and Allied Industries (NUWHRAIN) (1992–1993); Legal Counsel and Consultant of the InternationalLabour Organization (ILO) (May–December 1997); Legal StaffMember of the Ad Hoc Independent Citizen’s Committeeto investigate the Philippine Centennial Projects (1999);Professor on Obligations and Contracts and Insurance Lawat the College of Business and Economics, De La SalleUniversity (2003–2005).

To better prepare him for a position in the judiciary, hejoined the Office of the Solicitor General as Associate

continued on page 46


Guidelines for implementing an expropriationproceeding.Section 4 of Republic Act No. 8974 (RA No. 8974), which tookeffect on November 26, 2000, provides sufficient guidelinesfor implementing an expropriation proceeding, to wit:

SEC. 4. Guidelines for Expropriation Proceedings. –Whenever it is necessary to acquire real property forthe right-of-way or location for any nationalgovernment infrastructure project throughexpropriation, the appropriate implementing agencyshall initiate the expropriation proceedings before theproper court under the following guidelines:

(a) Upon the filing of the complaint, and after duenotice to the defendant, the implementing agencyshall immediately pay the owner of the propertythe amount equivalent to the sum of (1) 100percent of the value of the property based on thecurrent relevant zonal valuation of the Bureau ofInternal Revenue (BIR); and (2) the value of theimprovements and/or structures as determinedunder Section 7 hereof;

(b) In provinces, cities, municipalities and other areaswhere there is no zonal valuation, the BIR is herebymandated within the period of 60 days from thedate of the expropriation case, to come up with azonal valuation for said area; and

(c) In case the completion of a governmentinfrastructure project is of utmost urgency andimportance, and there is no existing valuation ofthe area concerned, the implementing agencyshall immediately pay the owner of the propertyits proffered value taking into consideration thestandards prescribed in Section 5 hereof.

Upon compliance with the guidelinesabovementioned, the court shall immediately issue tothe implementing agency an order to take possessionof the property and start the implementation of theproject.

Before the court can issue a Writ of Possession,the implementing agency shall present to the court acertificate of availability of funds from the properofficial concerned.

In the event that the owner of the propertycontests the implementing agency’s proffered value,the court shall determine the just compensation to bepaid the owner within 60 days from the date of filingof the expropriation case. When the decision of thecourt becomes final and executory, the implementingagency shall pay the owner the difference between theamount already paid and the just compensation asdetermined by the court.

Failure to comply with the foregoing directives shallsubject the government official or employee concerned toadministrative, civil and/or criminal sanctions, thus:

SEC. 11. Sanctions. – Violation of any provisions of thisAct shall subject the government official or employeeconcerned to appropriate administrative, civil and/orcriminal sanctions, including suspension and/ordismissal from the government service and forfeitureof benefits.

Peralta, J., Secretary of the Department of Public Works and Highways andDistrict Engineer Celestino R. Contreras v. Spouses Heracleo and RamonaTecson, G.R. No. 179334, April 21, 2015.

Remedial Law

Right to counsel not applicable in administrativeproceeding.

The Court said in Remolona v. Civil Service Commission:

While investigations conducted by an administrativebody may at times be akin to a criminal proceeding,the fact remains that under existing laws, a party in anadministrative inquiry may or may not be assisted bycounsel, irrespective of the nature of the charges andof the respondent’s capacity to represent himself, andno duty rests on such body to furnish the person beinginvestigated with counsel. In an administrativeproceeding, a respondent has the option of engagingthe services of counsel or not. This is clear from theprovisions of Section 32, Article VII of Republic Act No.2260 (otherwise known as the Civil Service Act) andSection 39, paragraph 2, Rule XIV (on discipline) of theOmnibus Rules Implementing Book V of ExecutiveOrder No. 292 (otherwise known as the Administrative

Constitutional Law

APRIL - JUNE 201518

Doctrinal RemindersConstitutional Law (continued) affidavits clearly narrate the latter’s involvement in the

prohibited recruitment.

Del Castillo, J., People of the Philippines v. Angel Mateo y Jacinto and VicentaLapiz y Medina, G.R. No. 198012, April 22, 2015.

Special Law—elements of illegal recruitment in large scale.

The offense of illegal recruitment in large scale has thefollowing elements: (1) the person charged undertook anyrecruitment activity as defined under Section 6 of RA No.8042; (2) accused did not have the license or the authority tolawfully engage in the recruitment of workers; and, (3)accused committed the same against three or more personsindividually or as a group. These elements are obtaining inthis case. First, the RTC found appellants to have undertakena recruitment activity when they promised privatecomplainants employment in Japan for a fee. This factualfinding was affirmed by the CA. “The time-tested doctrine isthat the matter of assigning values to declarations on thewitness stand is best and most competently performed bythe trial judge.” And when his findings have been affirmedby the Court of Appeals, these are generally binding andconclusive upon the Supreme Court. Second, the Certificationissued by the POEA unmistakably reveals that appellantsneither have a license nor authority to recruit workers foroverseas employment. Notably, appellants never assailed thisCertification. Third, it was established that there were fivecomplainants. Clearly, the existence of the offense of illegalrecruitment in large scale was duly proved by the prosecution.

Appellants’ argument that there was no proof that theyreceived money from the private complainants deserves nocredence. Suffice it to say that money is not material to aprosecution for illegal recruitment considering that thedefinition of “illegal recruitment” under the law includes thephrase “whether for profit or not.” Besides, even if there isno receipt for the money given by the private complainantsto appellants, the former’s respective testimonies and

Criminal Law

Writ of Possession in Expropriation Cases; when issued.

A Writ of Possession may be issued only upon full compliancewith Section 4 of Republic Act No. 8974.

Remedial Law

Code of 1987). Thus, the right to counsel is not alwaysimperative in administrative investigations becausesuch inquiries are conducted merely to determinewhether there are facts that merit disciplinary measureagainst erring public officers and employees, with thepurpose of maintaining the dignity of governmentservice. As such, the hearing conducted by theinvestigating authority is not part of a criminalprosecution.

Leonen, J., Maria Theresa G. Gutierrez v. Commission on Audit and AuditorNarcisa DJ Joaquin, G.R. No. 200628, January 13, 2015.

Elements of other forms of swindling under Article 316,paragraph 2 of the Revised Penal Code.

The elements of other forms of swindling under Article 316,paragraph 2 of the Revised Penal Code are as follows: (1) thatthe thing disposed of be real property; (2) that the offenderknew that the real property was encumbered, whether theencumbrance is recorded or not; (3) that there must be expressrepresentation by the offender that the real property is freefrom encumbrance; and (4) that the act of disposing of the realproperty be made to the damage of another.

The Information in the present case, aside from expresslyindicating in its caption that it is charging the petitioner underArticle 316, paragraph 1 of the Revised Penal Code, alleged thatthe petitioner “with deceit and intent to defraud,” pretendedto be the lawful owner of a 200-square meter portion of a lotcovered by TCT No. T-19932 despite her knowledge that theentire property had already been sold and was owned by JSFrancisco. Notably, it had not been alleged that the petitionerexpressly represented to Naval that the subject property wasfree from any encumbrance.

In Naya v. Abing, the Court set aside the petitioner’sconviction for estafa under Article 316(2) of the Revised PenalCode since there had been no allegation in the Information thathe (petitioner) expressly represented in the sale of the subjectproperty to William Po that the said property was free from anyencumbrance. We explained that the gravamen of the crime isthe disposition of legally encumbered real property by theoffender under the express representation that there is noencumbrance thereon; and that the accused must make anexpress representation in the deed of conveyance that theproperty sold or disposed of is free from any encumbrance forone to be criminally liable.

Brion, J., Clarita Estrellado-Mainar v. People of the Philippines, G.R. No. 184320,July 29, 2015.


Burden of proof in reconveyance cases.

Generally, “in civil cases, the burden of proof is on the plaintiffto establish his case by a preponderance of evidence. If theplaintiff claims a right granted or created by law, the samemust be proven by competent evidence. The plaintiff mustrely on the strength of his own evidence,” “or evidence whichis of greater weight or more convincing than that which isoffered in opposition to it. Hence, parties who have theburden of proof must produce such quantum of evidence,with plaintiffs having to rely on the strength of their ownevidence, not on the weakness of the defendant’s.” In anaction for reconveyance, however, a party seeking it shouldestablish not merely by a preponderance of evidence but byclear and convincing evidence that the land sought to bereconveyed is his.

In the case at bar, the respondents failed to dispense theirburden of proving by clear and convincing evidence that theyare entitled to the reconveyance of Lot No. 299.

Reyes, J., Baltazar Ibot v. Heirs of Francisco Tayco, represented by Flora Tayco,Willy Tayco and Merlyn T. Bulante, G.R. No. 202950, April 6, 2015.

Fresh period rule covers judicial proceedings only.

The “fresh period rule” only covers judicial proceedings underthe 1997 Rules of Civil Procedure:

The “fresh period rule” in Neypes declares:

To standardize the appeal periods provided in the Rulesand to afford litigants fair opportunity to appeal theircases, the Court deems it practical to allow a freshperiod of 15 days within which to file the notice ofappeal in the Regional Trial Court, counted from receiptof the order dismissing a motion for a new trial ormotion for reconsideration.

Henceforth, this “fresh period rule” shall also applyto Rule 40 governing appeals from the Municipal TrialCourts to the Regional Trial Courts; Rule 42 on petitionsfor review from the Regional Trial Courts to the Courtof Appeals; Rule 43 on appeals from quasi-judicialagencies to the Court of Appeals; and Rule 45 governingappeals by certiorari to the Supreme Court. The newrule aims to regiment or make the appeal perioduniform, to be counted from receipt of the orderdenying the motion for new trial, motion for

Before the state may expropriate private property for anational infrastructure project, it must first comply with therequisites in Republic Act No. 8974, otherwise known as AnAct to Facilitate the Acquisition of Right-of-Way, Site orLocation for National Government Infrastructure Projects andfor Other Purposes. Section 4 of Republic Act No. 8974 states:

SEC. 4. Guidelines for Expropriation Proceedings. –Whenever it is necessary to acquire real property forthe right-of-way or location for any nationalgovernment infrastructure project throughexpropriation, the appropriate implementing agencyshall initiate the expropriation proceedings before theproper court under the following guidelines:

(a) Upon the filing of the complaint, and after duenotice to the defendant, the implementing agencyshall immediately pay the owner of the propertythe amount equivalent to the sum, of (1) 100percent of the value of the property based on thecurrent relevant zonal valuation of the Bureau ofInternal Revenue (BIR); and (2) the value of theimprovements and/or structures as determinedunder Section 7 hereof;

(b) In provinces, cities, municipalities and other areaswhere there is no zonal valuation, the BIR is herebymandated within the period of 60 days from thedate of the expropriation case, to come up with azonal valuation for said area; and

(c) In case the completion of a governmentinfrastructure project is of utmost urgency andimportance, and there is no existing valuation ofthe area concerned, the implementing agency shallimmediately pay the owner of the property itsproffered value taking into consideration thestandards prescribed in Section 5 hereof.

Upon compliance with the guidelinesabovementioned, the court shall immediately issue tothe implementing agency an order to take possessionof the property and start the implementation of theproject.

Before the court can issue a Writ of Possession,the implementing agency shall present to the court acertificate of availability of funds from the properofficial concerned.

In the event that the owner of the propertycontests the implementing agency’s proffered value,the court shall determine the just compensation to bepaid the owner within 60 days from the date of filingof the expropriation case. When the decision of thecourt becomes final and executory, the implementingagency shall pay the owner the difference between the

amount already paid and the just compensation asdetermined by the court.

Leonen, J., Republic of the Philippines v. Heirs of Gabriel Fernandez, G.R. No.175493, March 25, 2015.

APRIL - JUNE 201520

1 SEC. 6. Designation of Courts and Promulgation of ProceduralRules. – The Supreme Court shall designate the court or courtsthat will hear and resolve cases brought under this Act and shallpromulgate the rules of pleading, practice and procedure togovern the proceedings brought under this Act.

FINANCIAL LIQUIDATION AND SUSPENSION OF PAYMENTSRULES OF PROCEDURE FOR INSOLVENT DEBTORS (2015)

WHEREAS, under Republic Act No. 10142, otherwise knownas the Financial Rehabilitation and Insolvency Act of 2010(FRIA), the Supreme Court shall “promulgate the rules ofpleading, practice and procedure to govern the proceedingsbrought under [the] Act;1

WHEREAS, the Supreme Court, through Memorandum No.46-2010 dated September 30, 2010 (as amended byMemorandum Order No. 17-2013 dated May 9, 2013), taskedthe Subcommittee on Commercial Courts to revise and/oramend A.M. No. 00-8-10-SC or the Rules of Procedure onCorporate Rehabilitation (2008) to incorporate the significant

A.M. No. 15-04-06-SCEvidence-Circumstantial evidence; when sufficient forconviction.

Circumstantial evidence consists of proof of collateral factsand circumstances from which the existence of the main factmay be inferred according to reason and common experience.Section 4, Rule 133, of the Revised Rules of Evidence, asamended, sets forth the requirements of circumstantialevidence that is sufficient for conviction, viz:

SEC. 4. Circumstantial evidence, when sufficient. –Circumstantial evidence is sufficient for conviction if:

(a) There is more than one circumstance;

(b) The facts from which the inferences are derivedare proven; and

(c) The combination of all the circumstances is such asto produce a conviction beyond reasonable doubt.

The RTC and CA found the following circumstantialevidence presented by the prosecution as sufficient for theconviction of appellant: First, witness Abag met the appellanton a shortcut road near the place where AAA’s dead bodywas found, at about the same time (5:30 p.m.) AAA wentmissing as she failed to return home that day, February 28,2000; Second, appellant had scratches on his face and he

Doctrinal RemindersRemedial Law (continued)

reconsideration (whether full or partial) or any finalorder or resolution.

x x x x

As reflected in the above-quoted portion of thedecision in Neypes, the “fresh period rule” shall applyto Rule 40 (appeals from the Municipal Trial Courts tothe Regional Trial Courts); Rule 41 (appeals from theRegional Trial Courts to the Court of Appeals orSupreme Court); Rule 42 (appeals from the RegionalTrial Courts to the Court of Appeals); Rule 43 (appealsfrom quasi-judicial agencies to the Court of Appeals);and Rule 45 (appeals by certiorari to the SupremeCourt). Obviously, these Rules cover judicialproceedings under the 1997 Rules of Civil Procedure.

x x x x

In this case, the subject appeal, i.e., appeal from adecision of the HLURB Board of Commissioners to the OP, isnot judicial but administrative in nature; thus, the “freshperiod rule” in Neypes does not apply.

Brion, J., San Lorenzo Ruiz Builders and Developers Group, Inc. and OscarViolago v. Ma. Cristina F. Bayang, G.R. No. 194702, April 20, 2015.

was holding a lagaraw a type of bolo used in the rural areas,which was stained with blood, and he was restless and uneasy;Third, in the morning of the following day, February 29, 2000,AAA’s lifeless body was found with several hack woundsinflicted on her face, neck and extremities, one hand and onefinger were totally severed; Fourth, the post-mortemexamination conducted by Dr. Edu confirmed that AAA diedfrom loss of blood due to multiple hack wounds, herunderwear was blood-stained, she had hymenal lacerationsand a whitish discharge was found in her vagina; Fifth,appellant had the motive to commit the crime against AAAconsidering that it was BBB’s son-in-law, Lito Miguel, whokilled appellant’s father; and Sixth, appellant was evasivewhen being questioned on his knowledge of the identity ofhis father’s killer and the latter’s relationship to the family ofAAA, and the amicable settlement executed by his mother inbehalf of appellant’s family.

Villarama, Jr., J., People of the Philippines v. Jose Broniola @ “Asot”, G.R. No.211027, June 29, 2015.


FINANCIAL LIQUIDATION AND SUSPENSION OF PAYMENTSRULES OF PROCEDURE FOR INSOLVENT DEBTORS (2015)

Pursuant to Section 6, Chapter I of Republic Act No. 10142,otherwise known as the “Financial Rehabilitation andInsolvency Act (FRIA) of 2010,” the Court hereby adopts andpromulgates the following Rules of Procedure for theLiquidation of Insolvent Juridical and Individual Debtors, andSuspension of Payments of Insolvent Individual Debtors:

RULE 1COVERAGE AND GENERAL PROVISIONS

SECTION 1. Title. – These Rules shall be known and cited as the“Financial Liquidation and Suspension of Payments Rules ofProcedure for Insolvent Debtors” or the “FLSP Rules.”

SEC. 2. Scope. – These Rules shall govern the practice,pleading, and procedure for the liquidation of insolventjuridical and individual debtors, and suspension of paymentsof insolvent individual debtors pursuant to the FRIA.

They shall similarly govern all further proceedings ininsolvency cases already pending, except to the extent that,in the opinion of the court, its application would not befeasible or would work injustice, in which event theprocedures originally applicable shall continue to govern.

changes brought about by the enactment of Republic Act No.10142 on the aspects of financial rehabilitation, insolvencyand liquidation;

WHEREAS, the Supreme Court, through A.M. No. 12-12-11-SC dated August 27, 2013, approved the FinancialRehabilitation Rules of Procedure (2013), otherwise knownas the FR Rules, which incorporated changes pertaining tofinancial rehabilitation;

NOW, THEREFORE, acting on the recommendation of theSubcommittee on Special Commercial Courts, the Courtresolved to APPROVE the Financial Liquidation andSuspension of Payments Rules of Procedure for InsolventDebtors (2015), otherwise known as the “FLSP Rules.”

The FLSP Rules shall take effect 15 days following itspublication in the Official Gazette or in two newspapers ofnational circulation.

April 21, 2015.

(Sgd.) SERENO, CJ, CARPIO, VELASCO, Jr., LEONARDO-DECASTRO, BRION, PERALTA, BERSAMIN, DEL CASTILLO,VILLARAMA, Jr., PEREZ, MENDOZA, REYES, PERLAS-BERNABE,LEONEN, JARDELEZA, JJ.

These Rules shall have suppletory application to theliquidation of entities expressly excluded from the coverageof the FRIA under Section 5, Chapter I thereof.

SEC. 3. Nature of Proceedings. – The proceedings under theseRules shall be in rem.

In voluntary liquidation proceedings of both juridical andindividual debtors, jurisdiction over all persons affected bythe proceedings is acquired upon publication of theLiquidation Order as provided in these Rules.

In involuntary liquidation proceedings of juridical debtors,jurisdiction over all persons affected by the proceedings isacquired upon publication of the petition or motion underSection 7, Rule 2(B) of these Rules.

In involuntary liquidation proceedings of individualdebtors, jurisdiction over the person of the debtor is acquiredupon service of summons in accordance with Section 15, Rule3(C) of these Rules; whereas jurisdiction over all other personsaffected by the proceedings is acquired upon publication ofthe Liquidation Order under Section 2, Rule 4(A) of theseRules.

In suspension of payments proceedings, jurisdiction overall persons affected by the proceedings is acquired uponpublication of the Suspension of Payments Order as providedin these Rules.

The proceedings shall be summary and non-adversarialin nature. The following pleadings are prohibited:

(a) motion to dismiss;

(b) motion for a bill of particulars;

(c) petition for relief;

(d) motion for extension;

(e) motion for postponement and other motions ofsimilar intent;

(f) reply;

(g) rejoinder;

(h) intervention; and

(i) any pleading or motion similar to, or of like effect as,any of the foregoing.

For stated and fully supported compelling reasons, thecourt may allow the filing of motions for extension orpostponement, provided, the same shall be verified andunder oath.

Any pleading, motion, or other submission by anyinterested party shall be supported by verified statements

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ResolutionsA.M. No. 15-04-06-SC (continued) (b) Asset is anything of value, which may be either

tangible or intangible. Tangible assets can be currentassets or fixed assets. Current assets may include cashon hand, money in banks or inventory, while fixedassets may include plant, building, property andequipment. Intangible assets may include intellectualproperty (such as copyrights, patents, andtrademarks) and financial assets (such as accountsreceivables, subscriptions receivables, and bonds andstocks).

The value of these assets must appear in thelatest audited financial statements immediatelypreceding the filing of the petition. In case the debtoris less than three years in operation, it is sufficientthat the book value is based on the audited financialstatement/s for the two years or year immediatelypreceding the filing of the petition, as the case maybe.

(c) Commencement date shall refer to the date on whichthe court issues a commencement order in arehabilitation case.

(d) Court/s shall refer to the Regional Trial Court/sdesignated by the Supreme Court as specialcommercial court/s.

(e) Insolvency shall refer to the financial incapacity ofthe debtors to pay their liabilities as they fall due inthe ordinary course of business or whenever theirliabilities are greater than their assets.

(f) Liquidation shall refer to the proceedings underChapters V, VI(B) and (C), and VII of the FRIA.

(g) Liquidation Order shall refer to the order issued bythe court pursuant to Section 2, Rule 4(A) of theseRules.

(h) Liquidator shall refer to the natural person or juridicalentity appointed as such by the court pursuant tothese Rules and entrusted with such powers andduties as set forth herein; Provided, that if theliquidator is a juridical entity, it must designate anatural person who possesses all the qualificationsand none of the disqualifications as itsrepresentative, it being understood that the juridicalentity and the representative are solidarily liable forall obligations and responsibilities of the liquidator.

(i) Proceedings, unless the term is used in a differentcontext, shall refer to liquidation proceedings orsuspension of payments proceedings, as the case maybe, under these Rules.

that the affiant has read the submission and its factualallegations are true and correct of his personal knowledge orbased on authentic records, and shall contain supportingannexes, which the submitting party shall attest as faithfulreproductions of the originals. An unverified submission shallbe considered as not filed. An improperly verified submissionmay be considered as not filed, at the discretion of the judge.Upon motion, the court may order that the originals of theannexes to a submission be produced in court for examinationor comparison by a party to the proceedings.

All pleadings or motions shall be filed simultaneously inthree printed and two digitized copies in compact discs, flashdrives, or other compatible Information and CommunicationsTechnology (ICT) media, in PDF format.

The court may decide matters on the basis of thepleadings and other documentary evidence, and conductclarificatory hearings when necessary.

Any order issued by the court under these Rules isimmediately executory. Review of any order of the court shallbe in accordance with Rule 5 of these Rules. Provided,however, that the reliefs ordered by the trial or appellatecourts shall take into account the need for resolution of theproceedings in a just, equitable, and speedy manner.

SEC. 4. Construction of Rules. – These Rules shall be liberallyconstrued to promote a timely, fair, transparent, effective,and efficient liquidation and suspension of payments ofdebtors, in accordance with the declared policy of the FRIA.

SEC. 5. Definition of Terms. – Terms used but not definedherein shall have the same meanings ascribed to them in theFRIA:

(a) Administrative expenses shall refer to thosereasonable and necessary expenses

1) incurred in connection with the filing of a petitionunder these Rules, including filing andprofessional fees in preparing the petition;

2) arising from, or in connection with theproceedings under these Rules;

3) incurred in the ordinary course of business ofthe debtor after the commencement date;

4) incurred for the fees of the liquidator/commissioner and/or of the professionals hemay engage; and

5) those otherwise authorized or mandated underthe FRIA or such other expenses authorizedunder these Rules.


(j) Suspension of Payments Order shall refer to the orderissued by the court pursuant to Section 2, Rule 3(A)of these Rules.

(k) Working day shall have the same meaning as businessday.

SEC. 6. Debtor Spouses as Parties. – A married individualdebtor shall sue or be sued jointly with his or her spouse,except as provided by law.

SEC. 7. Applicability of Rule 5 of the FR Rules. – Rule 5 of theFR Rules on Cross-Border Insolvency Proceedings is herebymade applicable to liquidation proceedings and, for thispurpose, is adopted as part of these Rules.

SEC. 8. Liability of Individual Debtor, Owner of a SoleProprietorship, Partners in a Partnership, or Directors andOfficers. – The individual debtor, owner of a soleproprietorship, the partners in a partnership, or the directorsand officers of a corporate debtor shall be liable for doublethe value of the property sold, embezzled or disposed of, ordouble the amount of the transaction involved, whichever ishigher, to be recovered for the benefit of the debtor and thecreditors, if they, having notice of the commencement of theproceedings, or having reason to believe that the proceedingsare about to be commenced, or in contemplation thereof,willfully commit the following acts:

(a) dispose or cause to be disposed any property of thedebtor other than in the ordinary course of businessor authorize or approve any transaction in fraud ofcreditors or in a manner grossly disadvantageous tothe debtor and/or creditors; or

(b) conceal, authorize or approve the concealment fromthe creditors, or embezzle or misappropriate, anyproperty of the debtor.

The court shall determine the extent of the liability of anowner, partner, director or officer under this section. In thisconnection, in case of partnerships and corporations, thecourt shall consider the amount of the shareholding orpartnership or equity interest of such partner, director orofficer, the degree of control of such partner, director orofficer over the debtor, and the extent of the involvement ofsuch partner, director or debtor in the actual managementof the operations of the debtor.

RULE 2LIQUIDATION OF INSOLVENT JURIDICAL DEBTORS

A. Voluntary Liquidation

SECTION 1. Who May File Petition; Venue; Contents. – Aninsolvent juridical debtor may file a verified petition forliquidation in the Regional Trial Court which has jurisdictionover its principal office as specified in its articles ofincorporation or partnership. Where the principal office ofthe corporation or partnership as registered with theSecurities and Exchange Commission (SEC) is in Metro Manila,the petition must be filed in the Regional Trial Court of thecity or municipality where the head office is located. Thepetition shall indicate the names of at least three nomineesto the position of liquidator and shall include, as minimumattachments, the following:

(a) a certificate attesting to the holding of a meeting ofthe Board of Directors of a stock corporation or theBoard of Trustees of a non-stock corporation, as thecase may be, called for the purpose and the approvalduring the meeting of a resolution to file the petition,signed by the secretary of the meeting and at least amajority of the members of the Board present duringthe meeting;

(b) a certificate attesting to the holding of a meeting ofthe stockholders, members or partners comprisingthe debtor, as the case may be, called for the purposeand the approval during the meeting of a resolutionto file the petition by the stockholders holding at leasttwo-thirds of the outstanding capital stock of thestock corporation, or two-thirds of the members orpartners in case of a non-stock corporation,association or partnership, as the case may be, signedby the chairman and the secretary of the meeting;

(c) a schedule of debts and liabilities, which lists all thecreditors of the debtor, indicating the name and lastaddress of record of each creditor; the amount ofeach claim as to principal, interest, or penalties due30 days prior to the date of filing; the nature of theclaim; and any pledge, lien, mortgage, judgment orother security given for the payment thereof;

(d) an inventory of assets, which must list withreasonable particularity all the assets of the debtor,whether in the possession of the debtor or thirdparties, stating the nature of each asset; the locationand condition thereof; the book value and marketvalue of the asset, attaching the correspondingcertified copy of the certificate of title thereof incase of real property, or the evidence of title orownership in case of movable property; theencumbrances, liens or claims thereon, if any, and

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ResolutionsA.M. No. 15-04-06-SC (continued)

principal office of the debtor as specified in its articles ofincorporation or partnership. Where the principal office ofthe corporation or partnership as registered with the SEC isin Metro Manila, the petition must be filed in the RegionalTrial Court of the city or municipality where the head officeis located. The petition must be verified by each of thepetitioners or, if the petitioners or any of them is acorporation, partnership, or association, then by any of theirduly authorized officer/s or representative/s. The petitionshall indicate the names of at least three nominees to theposition of liquidator, and must show that:

(a) there is no genuine issue of fact or law on the claim/sof the petitioner/s, and that the due and demandablepayments thereon have not been made for at least180 days or that the debtor has failed generally tomeet its liabilities as they fall due; and

(b) there is no substantial likelihood that the debtor maybe rehabilitated.

The petition shall also include information to the bestknowledge of the petitioners on:

(a) the schedule of debts and liabilities, including a listof its known creditors with their addresses, amountsof claims and collaterals, or securities, if any;

(b) the debtor’s assets, including receivables and claimsagainst third parties; and

(c) the audited financial statements of the debtor forthe immediately preceding three years.

SEC. 5. Bond. – The petitioners shall post a bond in an amountat least equal in value to the aggregate of their claims,conditioned upon payment to the debtor of all expenses anddamages it may incur by reason of the filing of the petition ifthe same is later denied or dismissed by the court, orwithdrawn by the petitioners without the consent of thedebtor.

SEC. 6. Filing of a Motion to Convert RehabilitationProceedings into Liquidation Proceedings. – When there isa pending court-supervised or pre-negotiated rehabilitationproceedings, three or more creditors the aggregate of whoseclaims is at least either One Million Pesos (P1 million) or atleast 25 percent of the subscribed capital, or partners’contributions, of the debtor, whichever is higher, may file amotion in the same court where the rehabilitationproceedings are pending to convert the rehabilitationproceedings into liquidation proceedings. The motion shallbe verified and shall contain or set forth the same mattersmentioned in Section 4 of this Rule.

the identities and addresses of the lien holders andclaimants;

(e) a schedule of current income and expenditureswithin three months prior to the filing of the petition;

(f) a list of all properties acquired by the debtor in theimmediately preceding two years;

(g) a list of all properties sold, disposed of, or donatedby the debtor in the immediately preceding twoyears;

(h) a schedule of the debtor’s executory contracts andunexpired leases;

(i) the audited financial statements of the debtor forthe immediately preceding three years; and

(j) the income tax return of the debtor for theimmediately preceding year.

All attachments to the petition shall be deemed part andparcel of the verified petition.

SEC. 2. Filing of a Motion to Convert RehabilitationProceedings into Liquidation Proceedings. – When there isa pending court-supervised or pre-negotiated rehabilitationproceeding, the debtor may file a motion in the same courtwhere the rehabilitation proceedings are pending to convertthe rehabilitation proceedings into liquidation proceedings.The motion shall be verified and shall contain or set forth thesame matters mentioned in the preceding section and thegrounds relied upon as provided under the FRIA.

SEC. 3. Action on the Petition or Motion. – If the court findsthe petition or motion, as the case may be, to be sufficient inform and substance, it shall issue the Liquidation Ordermentioned in Section 2, Rule 4(A) of these Rules. Otherwise,the court shall dismiss the petition or deny the motion. Thecourt may take any action necessary for the foregoingpurposes but it shall have a maximum period of 10 workingdays from the date of the filing of the petition or motion toissue the Liquidation Order, dismiss the petition, or deny themotion.

B. Involuntary Liquidation

SEC. 4. Who May File Petition; Venue; Contents. – Three ormore creditors the aggregate of whose claims is at least eitherOne Million Pesos (P1 million) or at least 25 percent of thesubscribed capital stock or partners’ contributions of theinsolvent juridical debtor, whichever is higher, may file apetition for the liquidation of an insolvent juridical debtor inthe Regional Trial Court which has jurisdiction over the


SEC. 7. Action on the Petition or Motion. – If the court findsthe petition or motion sufficient in form and substance, itshall issue an order:

(a) directing the publication of the petition or motion ina newspaper of general circulation in the Philippinesonce a week for two consecutive weeks;

(b) directing the debtor, all known creditors, and anyother interested party, to file their comment on thepetition or motion within 15 days from notice of theorder; and

(c) directing that a copy of the petition or motion beserved on the debtor and on all known creditors,unless they exceed 20 in number, in which case,service shall be made on at least the first 20 largestknown creditors of the debtor in terms of creditsheld. However, if there are more than 20 knowncreditors (who are not petitioners) and one or moreof them acquired their credit/s within the six monthperiod immediately preceding the filing of thepetition, the number of creditors to be served copiesof the petition shall be increased by the samenumber.

SEC. 8. Hearing on the Petition or Motion. – The court shallconduct a hearing if the petition or motion, as well as thecomments thereto raise issues of facts.

On the basis of the pleadings and the hearing conducted,if any, the court shall determine whether the evidence issufficient to warrant the issuance of a Liquidation Ordermentioned in Section 2, Rule 4(A) of these Rules. Otherwise,the court shall dismiss the petition or deny the motion.

SEC. 9. Conversion by the Court of Rehabilitation Proceedingsinto Liquidation Proceedings. – After notice and hearing, thecourt where rehabilitation proceedings are pending may alsoorder the conversion of rehabilitation proceedings intoliquidation proceedings in those cases authorized by law, orat any other time upon the recommendation of therehabilitation receiver or management committee that therehabilitation of the debtor is no longer feasible. In such case,the FLSP Rules shall apply.

RULE 3INSOLVENCY OF INDIVIDUAL DEBTORS

A. Suspension of Payments

SECTION 1. Who May File Petition; Venue; Contents. – Anindividual debtor who has assets that exceed his liabilitiesbut foresees the impossibility of paying his debts when theyrespectively fall due may file a verified petition for suspension

of payments in the court having jurisdiction over the provinceor city where he has resided for six months prior to the filingof the petition.

The petition shall indicate the names of at least threenominees to the position of commissioner and shall include,as minimum attachments, the following:

(a) a schedule of debts and liabilities, including a list ofcreditors with their addresses, amount of claims andcollaterals, if any;

(b) an inventory of all the debtor’s assets, includingreceivables and claims against third parties;

(c) a schedule of current income and expenditureswithin three months prior to the filing of the petition;

(d) the income tax return of the debtor for theimmediately preceding year;

(e) a list of all properties acquired by the debtor in theimmediately preceding two years;

(f) a list of all properties sold, disposed of, or donatedby the debtor in the immediately preceding twoyears;

(g) a schedule of the debtor’s executory contracts andunexpired leases; and

(h) a proposed agreement with the creditors.


SEC. 2. Action on the Petition. – If the Court finds the petitionsufficient in form and substance, it shall, within five workingdays from the filing of the petition, issue a Suspension ofPayments Order:

(a) prohibiting creditors from suing or institutingproceedings for collection against the debtor, except:(i) creditors having claims for personal labor,maintenance, expense of last illness and funeral ofthe wife or children of the debtor incurred within 60days immediately prior to the filing of the petition;and (ii) secured creditors;

(b) calling a meeting of all the creditors named in theschedule of debts and liabilities at a time not lessthan 15 days nor more than 40 days from the date ofsuch order and designating the date, time, and placeof the meeting;

(c) directing such creditors to present written evidenceof their claims before the scheduled creditors’meeting;

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(a) a citizen of the Philippines or a resident thereof forsix months immediately preceding his appointment;

(b) of good moral character and with acknowledgedintegrity, impartiality and independence;

(c) has the requisite knowledge of insolvency laws, rulesand procedures; and

(d) has no conflict of interest; Provided, that such conflictof interest may be waived, expressly or impliedly, bya party who may be prejudiced thereby. An individualshall be deemed to have a conflict of interest if he isso situated as to be materially influenced in theexercise of his judgment for or against any party tothe proceedings.

The debtor or any creditor may file a written objectionto the commissioner appointed by the court on the groundthat he does not meet the foregoing minimum requirements.If the court finds merit in the objection, it shall appoint anew commissioner.

SEC. 6. Creditors’ Meeting. – The presence of creditors, eitherin person or through a representative duly authorized inwriting, holding claims amounting to at least three-fifths ofthe liabilities of the petitioner, excluding liabilities unaffectedby the Suspension of Payments Order listed as exceptionsunder Section 2(a) of this Rule, shall be necessary to hold acreditors’ meeting under this Rule. The court-appointedcommissioner shall preside over the meeting and the clerkof court shall act as meeting secretary, subject to the followingrules:

(a) The clerk of court shall record the creditor s presentand the amount of their respective claims;

(b) The commissioner shall examine the writtenevidence of the claims. If the creditors present holdat least three-fifths of the liabilities of the debtor asabove-qualified, he shall declare a quorum;

(c) The creditors and the debtor shall discuss theproposed agreement and any amendment thereto,and put it to a vote. No creditor who incurred hiscredit within 90 days prior to the filing of the petitionshall be allowed to vote;

(d) To form a majority, it is necessary:

1) that two-thirds of the creditors voting unite uponthe matter on the table; and

2) that the claims represented by said majority voteamount to at least three-fifths of the totalliabilities of the debtor as above-qualified; and

(d) directing the publication of the said order in anewspaper of general circulation in the Philippinesonce a week for two consecutive weeks, with thefirst publication to be made within seven days fromthe time of the issuance of the order;

(e) directing the clerk of court to send or cause thesending of a copy of the order by registered mail,postage prepaid, to all creditors named in theschedule of debts and liabilities;

(f) prohibiting the petitioner from selling, transferring,encumbering or disposing his property, except thoseused in the ordinary operations of commerce or ofindustry in which the petitioner is engaged as longas the proceedings are pending;

(g) prohibiting the petitioner from making any paymentoutside of the necessary or legitimate expenses ofhis business or industry, as long as the proceedingsare pending; and

(h) appointing a commissioner to preside over thecreditors’ meeting, who may or may not be fromamong the nominees of the debtor.

SEC. 3. Motion to Suspend Pending Execution. – Upon motionof the petitioner, the court may also issue an order suspendingany pending execution against the debtor. Property held assecurity by secured creditors shall not be subject to suchsuspension order.

The order suspending execution shall lapse when threemonths shall have passed without the proposed agreementbeing accepted by the creditors or as soon as such proposedagreement is rejected.

SEC. 4. Persons Who May Refrain from Attending and Votingduring the Creditor’s Meeting. – Secured creditors andcreditors having claims for personal labor, maintenance,expense of last illness and funeral of the wife or children ofthe debtor incurred within 60 days immediately prior to thefiling of the petition may refrain from attending the creditors’meeting and from voting therein. Such persons shall not bebound by any agreement arrived at in such meeting, unless,being aware of this right, they attend the meeting, participatein the discussions and vote therein.

SEC. 5. Who May be Appointed Commissioner. – Thecommissioner, who shall preside over the creditors’ meetingin connection with the proceedings, shall be a natural personwho shall have the following minimum qualifications:


(e) After the announcement of the results, all theprotests against the majority vote shall be drawnup, and the commissioner, the debtor and allcreditors who took part in the voting shall signthe affirmed propositions.

The commissioner shall prepare a report of theproceedings that shall include the voting results, the affirmedpropositions mentioned in paragraph (e) above, if any, andsubmit the report to the court not later than three days afterthe last creditors’ meeting.

SEC. 7. Rejection of the Debtor’s Proposal and Dismissal ofthe Petition. – If no creditors’ meeting with the requiredquorum is held within 90 days from the date of the lastpublication mentioned in Section 2(d) of this Rule, or, therebeing such meeting or meetings, the debtor’s proposal is notapproved within the said period, the same shall be deemedrejected. In such a case, the court, within five days from thelapse of the 90-day period, or from receiving the report ofthe commissioner mentioned in the preceding section thatthe debtor’s proposal has been rejected, shall issue an orderdismissing the petition.

SEC. 8. Objections to the Approval of the Debtor’s Proposalor Any Amendment Thereto. – If the proposal of the debtor,or any amendment thereto, made during the creditors’meeting, is approved by the majority of creditors inaccordance with Section 6 of this Rule, any creditor whoattended the meeting and who dissented from and protestedagainst the vote of the majority may file an objection withthe court within 10 days from the date of the meeting on anyof the following grounds:

(a) defects in the call for the meeting, in the holdingthereof, and in the deliberations had thereat whichprejudice the rights of the creditors;

(b) fraudulent connivance between one or morecreditors and the individual debtor to vote in favorof the proposed agreement, or any amendmentthereto; or

(c) fraudulent conveyance of claims for the purpose ofobtaining a majority.

The court shall hear and pass upon such objection in asummary manner, within 30 days from the filing of theobjection. If the decision of the majority of creditors toapprove the debtor’s proposal, or any amendment thereto,is annulled by the court, the petition shall be dismissed.

SEC. 9. Effects of the Approval of the Debtor’s Proposal orAny Amendment Thereto. – If the decision of the majority of

the creditors to approve the proposed agreement, or anyamendment thereto, made during the creditors’ meeting isupheld by the court, or when no opposition or objection tosaid decision has been presented, the court shall issue anorder confirming the approval of the proposed agreement,or any amendment thereto, and directing all parties boundthereby to comply with its terms.

SEC. 10. Residual Power of the Court. – The court, uponmotion of any affected party, may issue any order which maybe necessary or proper to enforce the agreement. If thedebtor fails, wholly or in part, to perform his obligations underthe agreement, or to comply with any order of the court, thecourt, upon motion of any creditor, shall declare theagreement terminated, and all the rights which the creditorshad against the debtor before the agreement shall revest inthem.

B. Voluntary Liquidation

SEC. 11. Who May File Petition; Venue; Contents. – Anindividual debtor whose liabilities exceed his assets andwhose debts exceed Five Hundred Thousand Pesos(P500,000) may file a verified petition for liquidation in thecourt having jurisdiction over the province or city where hehas resided for six months prior to the filing of the petition.

The petition shall indicate the names of at least threenominees to the position of liquidator and shall include, asminimum attachments, the following:

(a) a schedule of debts and liabilities, including a list ofcreditors with their addresses, amount of claims andcollaterals, if any;

(b) an inventory of all the debtor’s assets, includingreceivables and claims against third parties;

(c) a schedule of current income and expenditureswithin three months prior to the filing of the petition;

(d) the income tax return of the debtor for theimmediately preceding year;

(e) a list of all properties acquired by the debtor in theimmediately preceding two years;

(f) a list of all properties sold, disposed of, or donatedby the debtor in the immediately preceding twoyears; and

(g) a schedule of the debtor’s executor contracts andunexpired leases.


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ResolutionsA.M. No. 15-04-06-SC (continued) (i) that the debtor has made any assignment, gift, sale,

conveyance or transfer of his estate, property, rightsor credits with intent to hinder or delay theliquidation or defraud his creditors;

(j) that the debtor has, in contemplation of insolvency,made any payment, gift, grant, sale, conveyance ortransfer of his estate, property, rights or credits;

(k) that being a merchant or tradesman, the debtor hasgenerally defaulted in the payment of his currentobligations for a period of 30 days;

(l) that for a period of 30 days, the debtor has failed,after demand, to pay any moneys deposited with himor received by him in a fiduciary capacity; or

(m) that an execution having been issued against him onfinal judgment for money, the debtor shall have beenfound to be without sufficient property subject toexecution to satisfy the judgment.

SEC. 14. Bond for Filing of Petition. – The petitioner/s shallpost a bond in an amount at least equal in value to theaggregate of his/their claims, conditioned upon payment tothe debtor of all expenses and damages the debtor may incurby reason of the filing of the petition if the petition is laterdismissed or withdrawn by the petitioner/s without theconsent of the debtor, or if it is finally determined that thedebtor is not insolvent.

SEC. 15. Order for Debtor to Show Cause. – If the petition issufficient in form and substance, the court, within fiveworking days from the filing of the petition, shall issuesummons to the debtor requiring him, by way of commenton or opposition to the petition within an inextendible periodof 15 days from service of the summons, to show cause whyhe should not be declared insolvent.

SEC. 16. Order for Debtor to Refrain from Paying Debts orTransferring Property. – Upon motion of any creditor andafter hearing, the court may, upon good cause shown, issuean order prohibiting the debtor from paying any of his debts,or from transferring any property belonging to him, until thecourt issues a Liquidation Order or dismisses the petition,whichever is earlier. However, nothing contained herein shallaffect or impair the rights of a secured creditor to enforce hislien in accordance with its terms.

SEC. 17. Hearing on the Petition. – After the issues are joined,the court shall set the petition for hearing in order todetermine whether the evidence is sufficient to warrant theissuance of a Liquidation Order.

SEC. 18. Issuance of the Liquidation Order. – If the debtor onwhom summons is properly served fails to file a comment

SEC. 3. Action on the Petition. – If the court finds the petitionsufficient in form and substance, it shall issue the LiquidationOrder mentioned in Section 2, Rule 4(A) of these Rules.Otherwise, the court shall dismiss the petition. The court maytake any action necessary for the foregoing purposes but itshall have a maximum period of 10 working days from thedate of the filing of the petition to issue the Liquidation Orderor dismiss the petition.

C. Involuntary Liquidation

SEC. 13. Who May File Petition; Venue; Contents. – Anycreditor or creditors with a claim of, or the aggregate of whoseclaims is, at least Five Hundred Thousand Pesos (P500,000)may file a verified petition for liquidation of an individualdebtor with the court of the province or city where the debtorresides.

The petition shall state the particulars of at least one ofthe following acts of insolvency of the debtor:

(a) that the debtor is about to depart or has departedfrom the Philippines, with intent to defraud hiscreditors;

(b) that being absent from the Philippines, with intentto defraud his creditors, he remains absent;

(c) that the debtor conceals himself to avoid the serviceof legal process for the purpose of hindering ordelaying the liquidation or of defrauding his creditors;

(d) that the debtor conceals, or is removing, any of hisproperty to avoid its being attached or taken on legalprocess;

(e) that the debtor has allowed his property to remainunder attachment or legal process for three days forthe purpose of hindering or delaying the liquidationor of defrauding his creditors;

(f) that the debtor has confessed or offered to allowjudgment in favor of any creditor for the purpose ofhindering or delaying the liquidation or of defraudingany creditor;

(g) that the debtor has wilfully allowed judgment to betaken against him by default for the purpose ofhindering or delaying the liquidation or of defraudinghis creditors;

(h) that the debtor has suffered or procured his propertyto be taken on legal process with intent to give apreference to one or more of his creditors andthereby hinder or delay the liquidation or defraudany one of his creditors;


on or opposition to the petition within the period given bythe court, or if the evidence given during the hearingmentioned in the preceding section warrant it, the court shallissue the Liquidation Order mentioned in Section 2, Rule 4(A)of these Rules.

SEC. 19. Absent Debtor. – When the debtor resides out ofthe Philippines, or when his residence is unknown, or he hasdeparted from the Philippines with intent to defraud hiscreditors, or cannot, after due diligence, be found therein,or conceals himself to avoid service of summons, or any otherrelated preliminary process or orders, then the court, uponmotion of the petitioning creditors duly supported by anaffidavit or affidavit/s narrating and substantiating any of theforegoing allegations and a bond approved by the court indouble the amount of the aggregate sum of their claimsagainst the debtor, shall issue an order directing:

(a) the sheriff of the province or city in which the matteris pending to take into custody, within 30 days fromthe date of the order, a sufficient amount of propertyof the debtor, not exempt from execution and notsubject of a secured creditor’s lien, to satisfy theclaims of the petitioning creditors and the costs ofthe proceedings;

(b) the publication of the summons and the said orderin a newspaper of general circulation in thePhilippines once a week for two consecutive weeks;

(c) the mailing of the petition, the summons and theorder to the debtor’s last known address;

(d) the sending of an electronic mail to the debtor’s lastknown electronic mail address, if any, attachingthereto copies of the petition, the summons and theorder; and

(e) the posting of copies of the petition and thesummons on at least three conspicuous places onany real property owned by the debtor.

If the debtor fails to file a comment, opposition or otherresponsive pleading to the petition or order within 15 daysafter the last publication of the summons and order, or withinany other period given by the court, then the court shall issuea Liquidation Order mentioned in Section 2, Rule 4(A) of theseRules.

SEC. 20. Duty of Sheriff. – Upon receiving the order for him totake into custody property of the debtor, the sheriff shall takecustody of such property of the debtor not exempt fromexecution and not subject of any secured creditor’s liensufficient to cover the amount provided for. He shall make a

return to the court within two days every time he takesproperty of the debtor pursuant to the order, and as soon ashe has taken sufficient amount of the debtor’s property tocover the amount provided for in the order, he shall make areturn to the court of an inventory of all the property takenwithin three days from the time of the last taking. Uponmotion and for good cause shown, the time for making aninventory, or any return may be extended. The sheriff shallalso prepare a schedule of the names and residences of thecreditors, and the amount due each, from the books of thedebtor, or from such other papers or data of the individualdebtor available as may come to his possession, and shall filesuch schedule or list of creditors and inventory with the clerkof court.

SEC. 21. All Property Taken to be held for All Creditors; AppealBonds; Exemptions to Sureties. – If after the taking mentionedin the preceding section, there still remains property of thedebtor not exempt from execution and not subject of asecured creditor’s lien, any other creditor or creditors, upongiving bond approved by the court in double the amount ofhis/their claim/s, singly or jointly, shall be entitled to similarorders and to like action, by the sheriff, until all claims areprovided for, and as long as the debtor has sufficient property.All such property taken into custody by the sheriff shall beheld by him for the benefit of all creditors whose claims shallbe duly established in the proceedings.

SEC. 22. Bonds for Custody of Property and Appeal. – Thebonds provided for in Sections 19 and 21 of this Rule toprocure the order for custody of the property and effects ofthe debtor shall be conditioned upon payment to the debtor,his heirs, administrators, executors or assigns of all damageshe may sustain by reason of the order for which the bondswere procured if, after hearing of the petition, the court shallfind in favor of the debtor and the petition is dismissed. Suchdamages, which shall not exceed the amount of the bond,shall be determined and fixed by the court. If either thepetitioners or the debtor shall appeal from the decision ofthe court, upon final hearing of the petition, the appellantshall be required to give bond to the successful party in asum double the amount of the value of the property incontroversy, and for the costs of the proceedings.

Any person interested in the estate may object to thesufficiency of the surety or sureties on such bond or bonds.The court shall direct the surety or sureties to justify theirsufficiency. If the court finds that the sureties or any of themare insufficient, the court shall issue an order dismissing thepetition or vacating the order to take into the custody of thesheriff the property of the individual debtor, or denying theappeal, as the case may be.

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ResolutionsA.M. No. 15-04-06-SC (continued) (h) authorize the payment of administrative expenses

as they become due;

(i) state that the debtor and creditors who are notpetitioner/s may submit the names of othernominees to the position of liquidator; and

(j) set the case for hearing for the election andappointment of the liquidator, which date shall notbe less than 30 days nor more than 45 days from thedate of the last publication.

SEC. 3. Effects of the Liquidation Order. – Upon the issuanceof the Liquidation Order:

(a) the juridical debtor shall be deemed dissolved andits corporate or juridical existence terminated;

(b) legal title to and control of all the assets of the debtor,except those that may be exempt from execution,shall be deemed vested in the liquidator or, pendinghis election or appointment, with the court;

(c) all contracts of the debtor shall be deemedterminated and/or breached, unless the liquidator,within 90 days from the time he takes his oath ofoffice, declares otherwise and the contract counter-party agrees;

(d) no separate action for the collection of an unsecuredclaim shall be allowed. Actions already pending willbe transferred to the liquidator for him to accept andsettle or contest. If the liquidator contests or disputesthe claim, the court shall allow, hear, and resolve suchcontest, except when the case is already on appeal.In such a case, the suit may proceed to judgment,and any final and executory judgment therein for aclaim against the debtor shall be filed and allowed incourt; and

(e) no foreclosure proceeding shall be allowed for aperiod of 180 days from the date of the order.

B. Secured Creditors

SEC. 4. Rights of Secured Creditors. – The Liquidation Ordershall not affect the right of a secured creditor to enforce hislien in accordance with the applicable contract or law, unlesshe waives his right.

SEC. 5. Duty of Secured Creditors. – At any time prior to theelection of the liquidator, a secured creditor shall manifest inwriting to the court whether he is:

(a) waiving his right under the security or lien inaccordance with Section 6 of this Rule; or

(b) maintaining his right under the security or lien.

SEC. 23. Sale of Debtor’s Property under Sheriff’s Custody. –If the property of the debtor taken into custody by the sheriffunder Sections 19, 20 and 21 of this Rule is perishable, costlyto maintain, subject to or in anger of rapid obsolescence,depreciation, or diminution in value, or when the interestsof the debtor and the creditors will be better served by thesale thereof, the court, upon motion of any creditor, dulysupported by affidavit/s narrating facts supporting theapplication and a bond equivalent to the estimated value ofthe property approved by the court, shall issue an orderdirecting: (a) the sale of the property in the same manner asproperty is sold under execution, the proceeds to bedeposited in the court to abide by the result of theproceedings; and (b) the publication of the order once a weekfor two consecutive weeks in a newspaper of generalcirculation in the city or province where the court exercisesjurisdiction.

RULE 4PROVISIONS COMMON TO LIQUIDATION IN INSOLVENCY

OF INDIVIDUAL AND JURIDICAL DEBTORS

SECTION 1. Use of Term Debtor. – The term debtor used in thisRule shall refer to an individual debtor and/or a juridicaldebtor whenever appropriate.

A. The Liquidation Order

SEC. 2. Liquidation Order. – The Liquidation Order shall:

(a) declare the debtor insolvent;

(b) order the liquidation of the debtor and, in the caseof a juridical debtor, declare it as dissolved;

(c) order the sheriff to take possession and control ofall the property of the debtor, except those that maybe exempt from execution;

(d) order the publication of the Liquidation Order,together with the petition, or motion to convert therehabilitation proceedings into liquidationproceedings, if any, in a newspaper of generalcirculation in the Philippines once a week for twoconsecutive weeks;

(e) direct payments of any claims and conveyance of anyproperty due the debtor to the liquidator;

(f) prohibit payments and the transfer of any propertyby the debtor;

(g) direct all creditors to file their claims with theliquidator not later than five days from the time theliquidator takes his oath of office, furnishing a copythereof to the court;


If a secured creditor fails to file such a manifestation, heshall be deemed to have opted to maintain his right underthe security or lien.

SEC. 6. Waiver of Security or Lien. – A secured creditor shallnot be deemed to have waived his right under the securityor lien unless the waiver is made in a public document, inunequivocal language, and with full knowledge of theconsequences of his action. If a secured creditor waives hisright, he shall be entitled to participate in the liquidationproceedings as an unsecured creditor.

SEC. 7. When a Secured Creditor Maintains His Security orLien. – If a secured creditor elects to enforce or maintain hisright under the security or lien, at his option:

(a) the value of the property may be fixed in a manneragreed upon by the creditor and the liquidator, andapproved by the court.

When the value of the property is less than the claimit secures, the liquidator may convey the propertyto the secured creditor and the latter will be admittedin the liquidation proceedings as an unsecuredcreditor for the balance. If the value of the propertyexceeds the claim secured, the liquidator may conveythe property to the secured creditor and waive thedebtor’s right of redemption upon receiving theexcess from the creditor. In any case, any othercreditor or interested party may, upon a prima facieshowing that the valuation is too low, contest thevaluation and propose another mode by which todispose of the property, or to otherwise convert itto cash or its equivalent, to ensure that the truemaximum value of the property under thecircumstances is obtained. A dissenting creditor orany other creditor or interested party may also offerto purchase the property at the price it is valued bythe secured creditor and the liquidator, as approvedby the court. At all times, it shall be the duty of thecourt to ensure that the property is valued at itsmaximum under the circumstances. In case there isconflict on the valuation of the property, the courtmay appoint an independent third party appraiserto assist in determining the proper valuation of theproperty;

(b) the liquidator may sell the property and satisfy thesecured creditor’s entire claim from the proceeds ofthe sale. The sale shall be made under such termsand conditions as the liquidator and the securedcreditor may agree upon, as approved by the court,provided, that the costs of the sale, if any, shall befor the account of the secured creditor; or

(c) the secured creditor may enforce the lien or forecloseon the property pursuant to applicable laws.

C. The Liquidator

SEC. 8. Qualifications of the Liquidator. – The liquidator shall:

(a) be a citizen of the Philippines or a resident thereoffor six months immediately preceding hisnomination;

(b) be of good moral character and with acknowledgedintegrity, impartiality and independence;

(c) have the requisite knowledge of insolvency and otherrelevant commercial laws, rules and procedures, aswell as the relevant training and/or experience thatmay be necessary to enable him to properly dischargethe duties and obligations of a liquidator; and

(d) have no conflict of interest: Provided, that suchconflict of interest may be waived, expressly orimpliedly, by a party who may be prejudiced thereby.

An individual shall be deemed to have a conflict of interestif he is so situated as to be materially influenced in the exerciseof his judgment for or against any party to the proceedings.Without limiting the generality of the foregoing, an individualshall be deemed to have a conflict of interest if:

(a) he is a creditor, owner, partner or stockholder of thedebtor;

(b) he is a creditor, owner, partner or stockholder of acreditor of the debtor;

(c) he is engaged in a line of business which competeswith that of the debtor;

(d) he is, or was, within five years from the filing of thepetition or motion for conversion, a director, officer,owner, partner or employee of the debtor or any ofthe creditors, or acted as legal counsel or auditor oraccountant of the debtor or any of the creditors;

(e) he is, or was, within two years from the filing of thepetition or motion for conversion, an underwriter ofthe outstanding securities of the debtor;

(f) he is related by consanguinity or affinity within thefourth civil degree to any individual creditor, ownerof a sole proprietorship-debtor, partner in apartnership-debtor or stockholder, director, officer,employee or underwriter of a corporate-debtor;

(g) he has any other direct or indirect material interestin the debtor or any of the creditors; or

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ResolutionsA.M. No. 15-04-06-SC (continued) hearing for the election of the liquidator. Any person

appointed by the court to administer the debtor as arehabilitation receiver prior to the commencement of theliquidation may subsequently be appointed as its liquidator.

SEC. 11. Oath and Bond of the Liquidator. – Prior to assuminghis office, the liquidator shall take an oath and file a bond, insuch amount to be fixed by the court, conditioned upon theproper and faithful discharge of his powers, duties andresponsibilities.

SEC. 12. Powers, Duties and Responsibilities of the Liquidator.The liquidator shall be deemed an officer of the court withthe principal duty of preserving and maximizing the valueand recovering the assets of the debtor, with the end in viewof liquidating them and discharging to the extent possible allthe claims against the debtor. The powers, duties andresponsibilities of the liquidator shall include, but not belimited to, the following:

(a) to sue and recover all the assets, debts and claims,belonging or due to the debtor;

(b) to take possession of all the property of the debtor,except property exempt by law from execution;

(c) to sell, with the approval of the court, any propertyof the debtor under his possession or control;

(d) to redeem all mortgages and pledges, and satisfy anyjudgment which may constitute an encumbrance onany property sold by him;

(e) to settle all accounts between the debtor and hiscreditors, subject to the approval of the court;

(f) to recover any property, or its value, fraudulentlyconveyed by the debtor;

(g) to recommend to the court the creation of acreditors’ committee which will assist him in thedischarge of his functions and which shall be vestedwith powers as the court deems just, reasonable andnecessary; and

(h) upon approval of the court, to engage the servicesof persons with specialized skills or training as maybe necessary and reasonable to assist him in thedischarge of his duties. Such persons or professionalsshall be deemed employees or independentcontractors of the liquidator and shall possess thesame qualifications as the liquidator.

In addition to the rights and duties of a rehabilitationreceiver under Section 31, Chapter II (C) of the FRIA, insofaras they are applicable to liquidation proceedings, the

(h) he was the receiver or member of the managementcommittee, the counsel or an employee of either,when there is a showing that the financial distress ofthe debtor was not arrested or its fiscal conditiondeteriorated and resulted in its liquidation by reasonof his lack of diligence or foresight.

A nominee or an elected or appointed liquidator and theirpersonnel shall immediately disclose to the court any groundthat may give rise to an actual or potential conflict of interest,regardless of his personal assessment of its sufficiency, as soonas he becomes aware of it.

If the liquidator is a juridical entity, it must designate anatural person who possesses all the qualifications and noneof the disqualifications as its representative, it beingunderstood that the juridical entity and the representativeare solidarily liable for all obligations and responsibilities ofthe liquidator.

SEC. 9. Election of Liquidator. – The creditors entitled to votewill elect the liquidator in open court. To constitute a quorumfor the election of the liquidator, creditors representing orholding at least a majority of the total claims entitled to votemust be present either in person or by proxy. Only creditorswho were included in the schedule of debts and liabilities orregistry of claims, or have filed their claims within the periodset by the court, and whose claims are not barred by thestatute of limitations, are entitled to vote. A secured creditorshall not be entitled to vote, unless: (a) he waives his rightunder the security or lien; and (b) has the value of theproperty subject of his security or lien fixed and approved bythe court, and is admitted for the balance of his claim. Thenominee receiving the highest number of votes cast in termsof the amount of claim held or represented, and who isqualified pursuant to Section 8 of this Rule, shall be appointedas the liquidator.

SEC. 10. Court-Appointed Liquidator. – The court may appointthe liquidator if:

(a) on the date set for the election of the liquidator, thereis no quorum;

(b) the creditors who attend either fail or refuse to electa liquidator;

(c) after being elected, the liquidator fails to qualify; or

(d) a vacancy occurs for any reason whatsoever.

In any of these cases, the court, upon motion or motuproprio, and for good cause shown, may set another date or


liquidator, shall have the right and duty to take all reasonablesteps to manage and dispose of the debtor’s assets with aview towards maximizing the proceeds therefrom, to paycreditors and stockholders, and to terminate the debtor’slegal existence.

SEC. 13. Removal of the Liquidator. – The liquidator may beremoved at any time by the court either motu proprio or uponmotion by the debtor or any creditor or creditors on any ofthe following grounds:

(a) he did not actually receive the highest number ofvotes during the election for liquidator;

(b) incompetence, gross negligence, failure to performor exercise the proper degree of care in theperformance of his duties and powers;

(c) lack of a particular or specialized competencyrequired by the specific case;

(d) illegal acts or conduct in the performance of hisduties and powers;

(e) lack of any of the qualifications stated under Section8 of this Rule or presence of any disqualification;

(f) conflict of interest, unless, waived, expressly orimpliedly, by a party who may be prejudiced thereby;

(g) partiality or lack of independence; or

(h) any other ground analogous to the foregoing.

SEC. 14. Compensation of the Liquidator. – The liquidator andthe persons engaged or employed by him to assist in thedischarge of his powers and duties shall be entitled to suchreasonable compensation as may be determined by the court,after consultation with the creditors.

SEC. 15. Reporting Requirements. – The liquidator shall makeand keep a record of all property received and alldisbursements made by him or under his authority asliquidator. He shall render a quarterly report thereof to thecourt, which report shall be made available to all interestedparties. The liquidator shall also submit such reports as maybe required by the court from time to time as well as a finalreport at the end of the liquidation proceedings.

SEC. 16. Discharge of Liquidator. – Upon the filing of his finalreport, and in preparation for the final settlement of all theclaims against the debtor, the liquidator will notify all thecreditors, either by publication in a newspaper of generalcirculation or such other mode as the court may direct orallow, that he will apply with the court for the settlement ofhis account and his discharge from liability as liquidator. The

liquidator will file a final accounting with the court, with proofof notice to all creditors. The accounting will be set forhearing. If the court finds the same in order, the court willdischarge the liquidator.

SEC. 17. Registry of Claims. – Within 20 days from hisassumption into office, the liquidator shall submit to the courta preliminary registry of claims of secured and unsecuredcreditors indicating, among others, the amount and natureof each claim, the documentary or other basis for each claim,and a description of the nature and location of every securityor lien, if any. Secured creditors who have waived their rightsunder their security or lien, or have fixed the value of theproperty subject of their security or lien by agreement withthe liquidator and are admitted as creditors for the balance,shall be considered as unsecured creditors. The liquidatorshall make the registry available for public inspection, givenotice to all the creditors and other interested parties thatthe registry is available for inspection and copying, andpublish said notice in a newspaper of general circulation inthe province or city where the debtor’s principal office islocated.

D. Determination of Claims

SEC. 18. Right of Set-Off. – If the debtor and creditor aremutually debtor and creditor of each other, one debt shallbe set off against the other and only the balance, if any, shallbe allowed in the liquidation proceedings.

SEC. 19. Opposition or Challenge to Claims. – Within 30 daysfrom the expiration of the period for the filing of claims, acreditor, debtor, or other interested party may submit to thecourt an opposition or challenge to any claim or claims,serving a certified copy on the liquidator and the creditorholding the challenged claim. Upon the expiration of theperiod, the liquidator shall submit to the court the registryof claims containing the undisputed claims that have not beensubject to challenge. Such claims shall become final upon thefiling of the register and may be subsequently set aside onlyon grounds of fraud, accident, mistake or excusable neglect.

SEC. 20. Submission of Disputed Claims to the Court. – Theliquidator shall resolve disputed claims and submit his findingsthereon to the court for final approval. The liquidator maydisallow claims, subject to final approval of the court.

E. Avoidance Proceedings

SEC. 21. Rescission or Nullity of Certain Transactions. – Anytransaction occurring prior to the issuance of the LiquidationOrder or, in the case of conversion of rehabilitationproceedings to liquidation proceedings, prior to thecommencement date, entered into by the debtor or involving

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assets and payment of the claims. The Liquidation Plan shallmake provisions for, among others, disputed claims and anyaction for rescission or nullity of certain transactions.

SEC. 24. Exempt Property to be Set Apart. – Upon motion,and after notice and hearing, the court shall set apartproperty of the individual debtor exempt from execution. Themotion shall be heard and granted only after it is shown thatthe clerk of court has posted or caused notice of the motionand hearing in at least three public places in the province orcity where the court exercises jurisdiction at least 10 daysprior to the time of such hearing, which notice shall set forththe name of the debtor, and the time and place appointedfor the hearing of such motion, and shall briefly indicate thehomestead sought to be exempted or the property soughtto be set aside.

SEC. 25. Concurrence and Preference of Credits. – TheLiquidation Plan and its implementation shall ensure that theconcurrence and preference of credits as enumerated in theCivil Code of the Philippines, and other relevant laws, shallbe observed, unless a preferred creditor voluntarily waiveshis preferred right. For purposes of this Rule, credits forservices rendered by employees or laborers to the debtorshall enjoy first preference under Article 2244 of the CivilCode, unless the claims constitute legal liens under Articles2241 and 2242 thereof.

SEC. 26. Sale of Assets in Liquidation. – With the approval ofthe court, the liquidator may sell, transfer or otherwisedispose of the unencumbered assets of the debtor andconvert the same into money. The sale, transfer or dispositionshall be made at public auction. However, a private sale,transfer or disposition may be allowed with the approval ofthe court if (a) the goods to be sold are of a perishable nature,or are liable to quickly deteriorate in value, or aredisproportionately expensive to keep or maintain; or (b) theprivate sale, transfer or disposition is for the best interest ofthe debtor and his creditors. With the approval of the court,unencumbered property of the debtor may also be conveyedto a creditor in satisfaction of his claim or part thereof. In allcases, the liquidator and the court shall ensure that themanner of sale, transfer or disposition is in the best interestof the debtor and his creditors.

SEC. 27. Manner of Implementing the Liquidation Plan. – Theliquidator shall implement the Liquidation Plan as approvedby the court in an order duly issued therefor. Payments shallbe made to creditors only in accordance with the provisionsof the Plan.

SEC. 28. Final Report of the Liquidator. – When all the propertyof the debtor not exempt from execution have been realized


its assets, may be rescinded or declared null and void on theground that the same was executed with intent to defraud acreditor or creditors or constitutes an undue preference ofcreditors. The presumptions set forth in Section 58, ChapterII of the FRIA shall apply.

SEC. 22. Actions for Rescission or Nullity.

(a) The liquidator or, with his conformity, a creditor, mayinitiate and prosecute any action to rescind, ordeclare null and void, any transaction described inthe immediately preceding paragraph. If theliquidator does not consent to the filing orprosecution of such action, any creditor may seekleave of the court to commence and prosecute saidaction.

The court shall have five working days to act on themotion for leave to commence or prosecute anaction.

(b) If leave of court is granted under subsection (a)hereof, the liquidator shall assign and transfer to thecreditor all rights, title and interest in the chose inaction or subject matter of the proceeding, includingany document in support thereof.

(c) Any benefit derived from a proceeding takenpursuant to subsection (a) hereof shall belongexclusively to the creditor instituting the proceedingto the extent of his claim and the costs, and thesurplus, if any, shall belong to the estate.

(d) Where, before an order is made under subsection(a) hereof, the liquidator signifies to the court hisreadiness to institute the proceeding for the benefitof the creditors, the order shall fix the time withinwhich he shall do so and, in that case the benefitderived from the proceedings, if instituted within thetime limits so fixed, shall belong to the estate.

In any case, the liquidator shall make provisions for anyaction for rescission or nullity in the Liquidation Plan.

F. The Liquidation Plan

SEC. 23. The Liquidation Plan. – Within three months fromhis assumption into office, the liquidator shall submit aLiquidation Plan to the court. The Liquidation Plan shall, as aminimum, enumerate all the assets of the debtor not exemptfrom execution, a list of all creditors and their claims whichhave been duly proved as shown in the final registry of claims,and a proposed mode and schedule of liquidation of the


and their proceeds distributed to the creditors in accordancewith the Liquidation Plan, the liquidator shall submit his finalreport to the court, together with the final accounting of hisadministration and a recommendation for the terminationof the proceedings, furnishing all the creditors and otherinterested parties with copies thereof.

SEC. 29. Termination of Proceedings. – If, after notice andhearing, the court is satisfied with the final report, it shallissue an order approving the same and directing the removalof the name of the juridical debtor from the register of legalentities of the SEC and other government agencies, ordischarging the individual debtor from his liabilities includedin the Liquidation Plan, as the case may be.

In the same order discharging the individual debtor fromhis liabilities, the court shall state that the proceedings areterminated. However, in the case of a juridical debtorregistered with the SEC, the court shall issue an orderterminating the proceedings only upon receipt of evidenceshowing that the debtor has been removed from the registryof legal entities at the SEC.

SEC. 30. Liquidation of a Securities Market Participant. – Theforegoing provisions shall be without prejudice to the powerof a regulatory agency or self-regulatory organization toliquidate trade-related claims of clients or customers of asecurities market participant which, for purposes of investorprotection, are hereby deemed to have absolute priority overother claims of whatever nature or kind insofar as trade-related assets are concerned.

For purposes of this section, trade-related assets includecash, securities, trading right, and other assets owned andused by the securities market participant in the ordinarycourse of its business.

RULE 5PROCEDURAL REMEDIES

SECTION 1. Motion for Reconsideration in Suspension ofPayments Proceedings. – A party may file a motion forreconsideration of a Suspension of Payments Order, or anyorder issued by the court prior to its order confirming ordisapproving the proposed agreement mentioned in Section9, Rule 3(A) of these Rules. No relief can be extended to theparty aggrieved by the court’s order on the motion througha special civil action for certiorari under Rule 65 of the Rulesof Court.

SEC. 2. Review of Decision or Order in Suspension of PaymentsProceedings. – The court’s dismissal of the petition forsuspension of payments on the ground of insufficiency in formand substance resulting in the non-issuance of a Suspensionof Payments Order, and its order confirming or disapproving

the proposed agreement mentioned in Section 9, Rule 3(A)of these Rules can only be reviewed through a petition forcertiorari to the Court of Appeals under Rule 65 of the Rulesof Court within 15 days from notice of the decision or order.

SEC. 3. Motion for Reconsideration in LiquidationProceedings. – A party may file a motion for reconsiderationof any order issued by the court prior to the issuance of theLiquidation Order. No relief can be extended to the partyaggrieved by the court’s order on the motion through aspecial civil action for certiorari under Rule 65 of the Rules ofCourt.

SEC. 4. Review of Decision or Order in LiquidationProceedings. – The Liquidation Order, and the orderapproving or disapproving the Liquidation Plan under Section27, Rule 4(F) of these Rules can only be reviewed through apetition for certiorari to the Court of Appeals under Rule 65of the Rules of Court within 15 days from notice of thedecision or order.

RULE 6EFFECTIVITY

SECTION 1. Effectivity. – These Rules shall take effect 15 daysafter their complete publication in the Official Gazette or inat least two newspapers of national circulation in thePhilippines.

CREATING THE SPECIAL COMMITTEE ON SPEEDY TRIAL

WHEREAS, criminal cases comprise more than 50 percent ofthe total caseload of the trial courts;

WHEREAS, there is a need to address delays and congestionin many of the trial courts nationwide;

WHEREAS, there is a need to review the current applicationof existing rules on speedy trial in criminal cases, and issuenew guidelines to truly fulfill the objective of expediting thetrial and resolution of criminal cases;

MEMORANDUM ORDER NO. 14-2015

APRIL - JUNE 201536

c. Budget requirements for each initiative; and

d. Responsible/focal persons.

2. Survey and compile the best practices employed bytrial court judges;

3. Formulate the guidelines for the pilot and fullimplementation of the continuous trial system forcriminal cases, including but not limited to pre-trial,prohibited pleadings, bail, jail decongestion, anddrugs cases;

4. Identify other initiatives that will expedite trials, anddecongest all the trial courts in the country;

5. Propose amendments to existing rules to furtherexpedite the trial and resolution of criminal cases;

To enable it to perform its functions and duties, theCommittee shall be authorized to:

6. Create technical working groups as the need arisesto look into the different aspects of criminal trial andcarry out its duties;

7. Collaborate with the Philippine Judicial Academy forthe development of skills advancement trainingmodules for trial court judges; and

8. Do such other acts as may be necessary in theperformance of its mandate.

The Chairperson, V ice Chairperson, Members, andMembers of the Secretariat of the Committee shall receivethe usual expense allowances.

This Memorandum Order shall take effect upon itsIssuance this 6th day of April 2015.

(Sgd.) MARIA LOURDES P. A. SERENOChief Justice

Chairperson, First Division

(Sgd.) ANTONIO T. CARPIOSenior Associate Justice

Chairperson, Second Division

(Sgd.) PRESBITERO J. VELASCO Jr.Associate Justice

Chairperson, Third Division

NOW THEREFORE, the Special Committee on Speedy Trial ishereby created and constituted as follows:

ChairpersonHon. Diosdado M. PeraltaAssociate Justice, Supreme Court

Vice ChairpersonHon. Lucas P. BersaminAssociate Justice, Supreme Court

MembersHon. Martin S. Villarama, Jr.Associate Justice, Supreme Court

Hon. Jose C. MendozaAssociate Justice, Supreme Court

Hon. Jose Midas P. MarquezCourt Administrator

Hon. Magdangal M. De LeonAssociate Justice, Court of Appeals

Hon. Mario V. LopezAssociate Justice, Court of Appeals

Hon. Alexander G. GesmundoAssociate Justice, Sandiganbayan

Hon. Maria Filomena D. SinghAssociate Justice, Court of Appeals

Secretary(To be designated by the Chairperson)

Asst. SecretariesAtty. Crisostomo A. Uribe, OCJAtty. Jilliane Joyce R. De Dumo, OCJ

Secretariat(To be designated by the Chairperson)

The Committee shall have the following functions andduties:

1. Draft a multi-year work plan to be submitted to theChief Justice within one month from the creation ofthe Committee that will include:

a. Identified initiatives/activities with timelines;

b. Brief description and expected outcome/outputof the initiatives/activities;

OrdersMemorandum Order No. 14-2015 (continued)


MEMORANDUM ORDER NO. 14-A-2015

REORGANIZING THE SUBCOMMITTEE ON COMMERCIALCOURTS

In view of the existing vacancies in the SubCommittee onCommercial Courts, it is hereby reorganized as follows:

ChairpersonJustice Estela M. Perlas-Bernabe

Vice ChairpersonCA Justice Japar B. Dimaampao

MembersCA Justice Apolinario D. Bruselas, Jr.RTC Judge Reynaldo B. DawayIPO Director General Ricardo R. BlancaflorAtty. Francis Ed. Lim, andAtty. Rena M. Rico-Panfilo

MEMORANDUM ORDER NO. 15-2015

SecretaryTo be designated by the Chairperson

Asst. SecretaryAtty. Edwin D. Malabanan, OCJ

SecretariatTo be designated by the Chairperson

The Chairperson, Members, and Members of theSecretariat of the Committee, including those who haverendered service as part of the said Committee prior to theissuance of this Memorandum Order, shall receive the usualexpense allowances.

This Memorandum Order shall take effect upon itsissuance this 6th day of April 2015.



(Sgd.) ANTONIO T. CARPIOSenior Associate Justice

Chairperson, Second Division

(Sgd.) PRESBITERO J. VELASCO Jr. Associate Justice

Chairperson, Third Division

OCA CIRCULAR NO. 70-2015

TO: ALL JUDGES OF THE REGIONAL TRIAL COURTS,METROPOLITAN TRIAL COURTS AND MUNICIPAL TRIALCOURTS IN CITIES

SUBJECT: PAYMENT OF REPRESENTATION ANDTRANSPORTATION ALLOWANCE (RATA) FOR THEDESIGNATED OFFICER IN CHARGE (OIC)-CLERK OF COURT

The attention of the Financial Management Office, Office ofthe Court Administrator, has been called in connection withthe numerous belated requests for confirmation of the

DESIGNATING AN ADDITIONAL MEMBER OF THE SPECIALCOMMITTEE ON SPEEDY TRIAL

In the interest of the service, Justice Fernanda Lampas Peraltaof the Court of Appeals is hereby designated Member of theSpecial Committee on Speedy Trial (created by virtue ofMemorandum Order No. 14-2015, issued on April 6, 2015).As Member of the Special Committee, Justice Peralta shallreceive the usual expense allowances.

This Memorandum Order shall take effect upon itsissuance this 5th day of June 2015.



(Sgd.) PRESBITERO J. VELASCO, Jr. Associate Justice

Chairperson, Third Division Date: June 5, 2015

(Sgd.) TERESITA J. LEONARDO-DE CASTROAssociate Justice

Date: June 5, 2015(Per S. O. No. 2046 date June 1, 2015)

APRIL - JUNE 201538

TO: ALL JUDGES OF THE FIRST AND SECOND LEVEL COURTS

SUBJECT: SUBMISSION OF PHOTOGRAPH OF THE ACCUSEDBEFORE THE SCHEDULED ARRAIGNMENT AND INCLUSIONOF THE CORRECT MIDDLE NAME IN THE PREPARATION OFA WARRANT OF ARREST

It has been brought to the attention of this Court that thereare instances that (a) the warrants of arrest issued by thetrial courts fail to indicate the complete name, including themiddle name, of the person who is the subject of the warrantof arrest pursuant to OCA Circular No. 64-2014 dated April23, 2014; (b) the practice of some judges issuing the ordersthat require the accused to submit a photograph before thearraignment proper is highly commendable, as it would resultto a more efficient execution of the warrants of arrest; and(c) the consequential effect of such practice entails that the


TO: ALL REGIONAL TRIAL COURT JUDGES

SUBJECT: APPLICATION OF REPUBLIC ACT NO. 10640

The attention of this Court has been called to the significanceof the so-called “Sotto Amendment to the Anti-Drug Law”,or otherwise known as Republic Act No. 10640 (An Act toFurther Strengthen the Anti-Drug Campaign of theGovernment, Amending for the Purpose Section 21 of RepublicAct No. 9165, Otherwise Known as the “ComprehensiveDangerous Drugs Act of 2002”) which took effect on July 23,2014.

In view of the foregoing, all concerned are herebyREMINDED to COMPLY with the above-quoted law, appendedherein as “Annex A,” for the purpose of ensuring that all thoseinvolved in the proper apprehension of the drug violators willavail of the full benefits of the law.

Strict compliance is hereby enjoined.

April 23, 2015.

(Sgd.) RAUL BAUTISTA VILLANUEVADeputy Court Administrator and

Officer in ChargeOffice of the Court Administrator


photographs to be submitted must show the front, right andleft profile of the accused.

To maintain uniformity and to prevent further omissionof the abovementioned material data, all concerned arehereby DIRECTED to judiciously REQUIRE each accused tosubmit to your respective courts his/her photographs beforethe scheduled arraignment, and MONITOR your respectiveclerks of court in the accomplishment of the warrant of arrestof the accused by including therein not only the full middlename or middle initial, but also his second name, if any.

Strict compliance is hereby enjoined.

April 23, 2015.

(Sgd.) RAUL BAUTISTA VILLANUEVADeputy Court Administrator and

Officer in ChargeOffice of the Court Administrator

designations of OIC-Clerks of Court entitled to the paymentof the representation and transportation allowance (RATA).More often than not, the designation of the OIC-Clerk of Courtis effected by the Presiding Judge on an earlier date but therequest for confirmation of the Office of the CourtAdministrator (OCA) of such designation is made on a muchlater date and not immediately after. Such circumstanceinvariably results in a substantial disruption of the cash flowand availability of funds for the lower courts because it couldhappen that the payment of RATA retroacts to more thanone or two years, reckoned from the date when thedesignation was made.

Thus, all Judges are hereby directed to forthwith submitfor confirmation their designations of OIC-Clerks of Court whoshall be entitled to the payment of RATA. Effectiveimmediately, for the purpose of payment of RATA to theconcerned OIC-Clerks of Court, the computation of theamount thereof shall be reckoned from the date ofconfirmation of designation and not on the date thedesignation was made.

For strict compliance.

April 17, 2015.

. (Sgd.) JOSE MIDAS P. MARQUEZ

Court Administrator

CircularsOCA Circular No. 70-2015 (continued)


H. No. 2285S. No. 2273

Republic of the PhilippinesCongress of the Philippines

Metro ManilaSixteenth Congress

First Regular Session

Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand thirteen.

[REPUBLIC ACT NO. 10640]

AN ACT TO FURTHER STRENGTHEN THE ANTI-DRUGCAMPAIGN OF THE GOVERNMENT, AMENDING FOR THE

PURPOSE SECTION 21 OF REPUBLIC ACT NO. 9165,OTHERWISE KNOWN AS THE “COMPREHENSIVE

DANGEROUS DRUGS ACT OF 2002”

Be it enacted by the Senate and House of Representativesof the Philippines in Congress assembled:

SECTION 1. Section 21 of Republic Act No. 9165, otherwiseknown as the “Comprehensive Dangerous Drugs Act of2002,” is hereby amended to read as follows:

SEC. 21. Custody and Disposition of Confiscated,Seized, and/or Surrendered Dangerous Drugs,Plant Sources of Dangerous Drugs, ControlledPrecursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. – ThePDEA shall take charge and have custody of alldangerous drugs, plant sources of dangerous drugs,controlled precursors and essential chemicals, aswell as instruments/paraphernalia and/orlaboratory equipment so confiscated, seized and/or surrendered, for proper disposition in thefollowing manner:

(1) The apprehending team having initial custodyand control of the dangerous drugs, controlledprecursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment shall,immediately after seizure and confiscation, conducta physical inventory of the seized items andphotograph the same in the presence of the accusedor the person/s from whom such items wereconfiscated and/or seized, or his/her representativeor counsel, with an elected public official and arepresentative of the National Prosecution Serviceor the media who shall be required to sign the copiesof the inventory and be given a copythereof: Provided, That the physical inventory andphotograph shall be conducted at the place wherethe search warrant is served; or at the nearest policestation or at the nearest office of the apprehending

Annex “A”

officer/team, whichever is practicable, in caseof warrantless seizures: Provided, finally, Thatnoncompliance of these requirements underjustifiable grounds, as long as the integrity andthe evidentiary value of the seized items areproperly preserved by the apprehendingofficer/team, shall not render void and invalidsuch seizures and custody over said items.

x x x x

(3) A certification of the forensic laboratoryexamination results, which shall be done by theforensic laboratory examiner, shall be issuedimmediately upon the receipt of the subjectitem/s: Provided, That when the volume ofdangerous drugs, plant sources of dangerousdrugs, and controlled precursors and essentialchemicals does not allow the completion oftesting within the time frame, a partiallaboratory examination report shall beprovisionally issued stating therein thequantities of dangerous drugs still to beexamined by the forensic laboratory: Provided,however, That a final certification shall beissued immediately upon completion of thesaid examination and certification;

x x x x

SEC. 2. Implementing Rules and Regulations (IRR). –To implement effectively the provisions of Section 21,the Philippine Drug Enforcement Agency (PDEA) shallissue the necessary guidelines on the IRR for thepurpose in consultation with the Department of Justice(DOJ) and relevant sectors to curb increasing drugcases.

SEC. 3. Separability Clause. – If any provision or parthereof is held invalid or unconstitutional, theremainder of the law or the provision not otherwiseaffected shall remain valid and subsisting.

SEC. 4. Repealing Clause. – All laws, presidentialdecrees or issuances, executive orders, letters ofinstruction, administrative orders, rules and regulationscontrary to or inconsistent with the provisions of thisAct are hereby repealed, modified or amendedaccordingly.

SEC. 5. Effectivity. – This Act shall take effect 15 daysafter its complete publication in at least twonewspapers of general circulation.

Approved,

July 15, 2014

APRIL - JUNE 201540

TO: ALL JUDICIARY OFFICIALS AND COURT PERSONNEL OFTHE FIRST AND SECOND LEVEL COURTS

SUBJECT: SYNCHRONIZED JUSTICE SYSTEM CALENDAR

The Justice Sector Coordinating Council, through its JusticeZone project, has recently developed a Synchronized JusticeSystem Calendar (SJSC) that serves as a mechanism in whichthe representatives of the Judiciary, Department of Justiceand Department of Interior and Local Government, plot theirindividual activities to a single calendar, with the end-goal of


Annex A

avoiding suspension of trial due to lack of information onactivities affecting trial dates.

In view of the foregoing, you are hereby DIRECTED tofaithfully OBSERVE and judiciously ADHERE to theabovementioned SJSC, for the purpose of greatly helpingreduce unnecessary delays in the trial of cases by giving judgesand litigants prior information on the SJSC, appendedherewith as Annex “A”.

For your information, guidance and strict compliance.

May 8, 2015.

(Sgd.) JOSE MIDAS P. MARQUEZCourt Administrator

APRIL - JUNE 201542


APRIL - JUNE 201544




TO: ALL JUDGES OF THE FIRST AND SECOND LEVEL COURTS

SUBJECT: TEMPORARY RELEASE OF INMATES SUFFERINGFROM COMMUNICABLE DISEASES AND OTHER HEALTHCONCERNS TO HOSPITALS FOR APPROPRIATE TREATMENT

Acting on reports that motions filed by counselor officials ofthe Bureau of Jail Management and Penology to bring inmatessuffering from serious ailments and other health concerns,which cannot be properly treated by the jails clinics, tohospitals or clinics outside the detention facilities are notbeing expeditiously acted upon, all judges of the first andsecond level courts are REMINDED and ADVISED to be morecircumspect and considerate in acting on these motions whichshould be prioritized and immediately acted upon in a speedyand efficient manner in accordance with the applicable rules.

For strict compliance.

May 26, 2015.

(Sgd.) JOSE MIDAS P. MARQUEZCourt Administrator

Form No. 1


TO: ALL COURT OFFICIALS AND PERSONNEL

SUBJECT: CLARIFICATION AND AMENDMENT TO A.M. NO.04-7-02-SC (Re: Guidelines on Corporate Surety Bonds)

In its April 21, 2015 Resolution in A.M. No. 04-7-02-SC (Re:Guidelines on Corporate Surety Bonds), the Supreme CourtEn Banc resolved, among others, to:

(b) CLARIFY that the obligation on the part of theaccused/defendant to pay the annual premiumnecessary for the renewal of the surety bondpreviously approved by the court remains;

(c) AMEND the phrase ‘Unless and until the SupremeCourt directs otherwise’ appearing in the firstparagraph of Section VII of A.M. No. 04-7-02-SC toread as ‘Unless and until the court concerned directsotherwise;’

(d) AMEND the second paragraph of Section VII of A.M.No. 04-7-02-SC to include the following statement:‘If the surety company seeks to be discharged fromits obligation because of the failure/refusal of theaccused/defendant to pay premiums, it shall makethe same notice within 10 days from the occurrenceof such fact and the court shall decide accordingly.’

Pursuant to the above, it is hereby clarified that “theobligation on the part of the accused/defendant to pay theannual premium necessary for the renewal of the surety bondpreviously approved by the court remains.”

Likewise, Section VII, A.M. No. 04-7-02-SC, shall now readas follows:

VII. LIFETIME OF BONDS IN CRIMINAL ANDCIVILACTIONS/SPECIAL PROCEEDINGS

Unless and until the court concerned directs otherwise,the lifetime or duration of the effectivity of any bondissued in criminal and civil actions/special proceedings,or in any proceeding or incident therein shall be fromits approval by the court, until the action or proceedingis finally decided, resolved or terminated. This conditionmust be incorporated in the terms and condition ofthe bonding contract and shall bind the partiesnotwithstanding their failure to expressly state thesame in the said contract or agreement.

The surety company shall notify the courtconcerned and the parties to the action or proceeding

Inventory of Construction Disputes

No. Case Title Date FiledLatest Status

(If not yet Referred toCIAC)

Case No.

Prepared by: _____________ Verified by: _______________ Clerk in Charge Clerk of Court/OIC

Noted: ___________________ Presiding Judge

APRIL - JUNE 201546

of any act, event, or circumstances that may affect itsbusiness or operations, such as corporaterehabilitation; amendment of its articles ofincorporation that shortens corporate lifetime,bankruptcy; insolvency; or issuance of writs ofexecution, attachment, or garnishment against it. Thenotice, which shall be given within 10 days from theoccurrence of the act, event, or circumstance, shallhave as attachments thereto, certified true copies orauthenticated documents evidencing the same act,event or circumstance. If the surety company seeksto be discharged from its obligation because of thefailure/refusal of the accused/defendant to paypremiums, it shall make the same notice within 10days from the occurrence of such fact and the courtshall decide accordingly.

The concerned Clerk of Court shall furnish theDocket and Clearance Division, Legal Office, OCA, witha copy of the final order of the court on the Motion toWithdraw as Bondsman filed by the surety company,within 10 days upon its issuance. (Amendmentemphasized.)

For your information and guidance.

May 27, 2015.

(Sgd.) JOSE MIDAS P. MARQUEZ Court Administrator


Solicitor I, Associate Solicitor II, and Associate Solicitor IIIfrom 1993 to 2005. He was appointed Presiding Judge ofRTC Branch 73, Antipolo City in 2005, where he becameVice Executive Judge from 2007 to 2011 and ExecutiveJudge from 2011 to 2015 until his appointment to theCourt of Appeals.

He has attended various seminars and skillsdevelopment trainings from 1993 to 2015 such as theASEAN-Japan International Seminar on Copyright and theSpecial Course on Intellectual Property Rights andNeighboring Rights held in Yokohama and Tokyo, Japan,respectively. Justice Martin also joined the World Congresson Labor and Social Security conducted at the Universityof Buenos Aires, Argentina in September 1997.

He had authored publications, one of which wasshortlisted for the National Book Awards in 2008; andwritten an essay which won the grand prize in an essaywriting contest for government workers published in theGSIS Journal, Office of the Solicitor General in 2001.

Justice Martin obtained his primary and secondaryeducation from the Ateneo de Manila University, wherehe also finished his Bachelor of Arts in Economics (1986)and Juris Doctor (1991) degrees.

Judicial Moves(Justice Ronaldo B. Martin) continued from page 16

From the Chancellor’s Deskcontinued from page 2

To our officials and staff, keep up the good work andcongratulations on our milestones thus far.

To our development partners, thank you for yourvaluable support as we pursue our common goal.

To the Supreme Court, we are very grateful for theunwavering support to PHILJA and all our trainingprograms and activities.

And to God Almighty, our humble and continuingthanks.

ADOLFO S. AZCUNA Chancellor

The PHILJA Founding Chancellor Emeritus Justice Ameurfina A.Melencio Herrera Award for the Most Outstanding ProfessorialLecturer featuring Senior Associate Justice Antonio T. Carpioon “The South China Sea Dispute”continued from page 3

Court through Chief Justice Maria Lourdes P. A. Sereno.The program ended with the Closing Remarks of ChiefJustice Sereno who congratulated Justice Carpio for hispresentation of a well-researched paper.

The Founding Chancellor Emeritus Justice AmeurfinaA. Melencio Herrera Award for the Most OutstandingProfessorial Lecturer was established in 2012 by thechildren of Justice Melencio Herrera in honor of her 90th

birthday. It aims to assist PHILJA in its continuingpromotion of judicial excellence through the delivery ofdistinguished lectures in judicial education. Justice Azcunawas the first recipient of the award in 2012, followed byRetired Court of Appeals Justice Hilarion L. Aquino in2013.


Competency Seminar on Legal WritingJuly 27, Court of Appeals, Manila

Career Development Program for Court LegalResearchers of LuzonJuly 28–29, PTC, Tagaytay City

Roundtable Discussion for Judge onIntellectual Property Rights and Public HealthJuly 29–30, Manila

Orientation Conference with Stakeholders onCourt-Annexed Mediation (North Cotabato andSultan Kudarat Mediation Programs)July 30, Kidapawan City

Information Dissemination through a Dialoguebetween Barangay Officials and Court Officials,and Court-Annexed Mediation

July 30, Balanga CityJuly 31, Angeles CitySeptember 3, Ormoc CitySeptember 4, Catbalogan CitySeptember 17, Dipolog CitySeptember 18, Pagadian City

Internship Program (Ilocos Region Mediation Program)July 20–21 , Laoag City/Vigan

Pre-Internship Orientation and Meeting with Judges,Clerks of Court, Mediation Trainees and PMC Unit Staff(Palawan Mediation Program)August 14, Puerto Princesa City

Work Orientation and Skills Enhancement Seminarfor PMC Unit Staff (Batch 2)August 27–28, PTC, Tagaytay City

Internship Program(Oriental Mindoro Mediation Program)September 1–October 31, Calapan CitySeptember 29–30, PTC, Tagaytay City

Personal Security Training for JudgesSeptember 1–3, PTC, Tagaytay City

Seminar-Workshop on Dangerous Drugs LawSeptember 1–3, Bacolod City

Refresher Course/Advanced Course forCourt-Annexed Mediators in Isabela/TuguegaraoSeptember 2–3, Cauayan City

Competency Enhancement Training for Judges,Prosecutors, Social Workers and Law EnforcementInvestigators Handling Trafficking in Persons CasesSeptember 2–4, Dumaguete City

Recruitment and Screening of Prospective Mediatorsand PMC Unit Staff in North CotabatoSeptember 8, Kidapawan City

73rd Orientation Seminar-Workshop forNewly Appointed JudgesSeptember 8–17, PTC, Tagaytay City

Competency Enhancement Training for Judgesand Court Personnel Handling Cases Involving ChildrenSeptember 8–10, Manila

Recruitment and Screening of Applicants for Mediatorsand PMC Unit Staff in Sultan KudaratSeptember 10, Sultan Kudarat

Focus Group Discussion (Curriculum Review)

FOR COURT PERSONNEL

September 10, ManilaFOR JUSTICES OF APPELLATE COURTS

September 10, Manila

National Summit of Family Court JudgesSeptember 16–17, Alabang, Muntinlupa City

Seminar Workshop for Judges on Financial Crimesand Money LaunderingSeptember 16–17, Manila

17th National Convention and Seminar of theMetropolitan and City Court Judges Associationof the PhilippinesSeptember 23–25, Batangas City

Basic Mediation Course

PALAWAN MEDIATION PROGRAM

August 11–14, Puerto Princesa City

NORTH COTABATO AND SULTAN KUDARAT MEDIATION PROGRAMS

September 29–October 2, Kidapawan City

Third Quarter Training Programs and Activities (continued)

APRIL - JUNE 201548

Justice Adolfo S. AzcunaChancellor

Professor Sedfrey M. CandelariaEditor in Chief

Editorial and Research Staff

Atty. Orlando B. CariñoAtty. Ma. Melissa Dimson-Bautista

Armida M. SalazarJocelyn D. BondocRonald Paz Caraig

Joseph Arvin S. CruzChristine A. Ferrer

Joanne Narciso-MedinaCharmaine S. NicolasSarah Jane S. SalazarAtty. 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 publishedquarterly by the Research,Publications and Linkages Office ofthe Philippine Judicial Academy,with office at the 3rd Floor of theSupreme Court CentennialBuilding, Padre Faura Streetcorner Taft Avenue, Manila. Tel:552-9524; Fax: 552-9621; E-mail:research_phi [email protected];[email protected]; Website:http://philja.judiciary.gov.ph


Third Quarter 2015 Training Programs and ActivitiesThird Quarter 2015 Training Programs and ActivitiesThird Quarter 2015 Training Programs and ActivitiesThird Quarter 2015 Training Programs and ActivitiesThird Quarter 2015 Training Programs and Activities

PRIVATE OR UNAUTHORIZED USE TO AVOIDPAYMENT OF POSTAGE IS PENALIZED BY FINEOR IMPRISONMENT OR BOTH

3rd Floor, Supreme Court Centennial BuildingPadre Faura Street corner Taft Avenue, Manila 1000Philippines

Judicial Career EnhancementProgram for First Level Court Judges

FOURTH JUDICIAL REGION (MINDORO,MARINDUQUE, ROMBLON, PALAWAN, AND

BATANGAS)July 1–3, PTC, Tagaytay City

SIXTH JUDICIAL REGION

July 14–16, PTC, Tagaytay City

Pre-Internship Orientation andMeeting with Judges, Clerks ofCourt, Branch Clerks of Court,Mediation Trainees, and PMCU Staff(Oriental Mindoro MediationProgram)July 3, Calapan City

Career Enhancement Programfor RTC Clerks of Court

FOURTH JUDICIAL REGION

July 7–9 PTC, Tagaytay City

THIRD JUDICIAL REGION

September 30–October 2PTC, Tagaytay City

Career Enhancement Programfor Court Social Workers of theSixth to Eight Judicial RegionsJuly 7–9, Cebu City

Judicial Settlement Conferencefor Judges on Judicial DisputeResolution (Skills-based Course)July 7–10, PTC, Tagaytay City

Orientation and Screening ofProspective Mediators and PMCUnit Staff(Palawan Mediation Program)July 9, Puerto Princesa City

Career Enhancement Program forRegional Trial Court Sheriffs of theNational Capital Judicial Region(Batch 2)July 14–16, PTC, Tagaytay City

Seminar-Workshop onStrengthening Judicial Integrity andRule of Law for Selected Judges ofRegions VI and VIIJuly 15–16, Dumaguete City

35th Pre-Judicature ProgramJuly 20–31, Manila

Third Forum of Women Leaderson Biodiversity ConservationJuly 21, Manila

Sixth Seminar-Workshop onDeposit Insurance, BankingPractices and Bank Conservatorship,Receivership and LiquidationJuly 22–23, PTC, Tagaytay City

Orientation of Clerks of Courtand Branch Clerks of Court onJudicial Dispute ResolutionJuly 23, Malolos City, Bulacan

Orientation of Public Prosecutors,Public Attorneys, and LawPractitioners on Judicial DisputeResolutionJuly 23, Malolos City, Bulacan

Training Seminar on the Guidelinesfor Continuous Trial of CriminalCases and Skills Development forJudges of Pilot CourtsJuly 23–24, PTC, Tagaytay City

from the chancellor’s deskphilja.judiciary.gov.ph/files/bulletin/bul66.pdf · volume xvii issue...

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