volume xv, issue no. 57 january-march 2013

VOLUME XV ISSUE NO. 57JANUARY-MARCH 2013

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

(Next page)

ISSN 2244-5862

2013 began with PHILJA hardly breaking its strideafter having had a good run in 2012. Two consecutiveOrientation Seminar-Workshops for NewlyAppointed Judges (the 64th and the 65th) and oneOrientation Seminar for Newly Appointed Clerks ofCourt (the 25th) opened the year. The JCEP or theJudicial Career Enhancement Program for Judges,one of the PHILJA core programs, was also conductedfor magistrates in Region IX and in Region III.

Legal Researchers in Regions V and VII likewisehad their training via the Career DevelopmentProgram. As it is MCLE Compliance season once again,the Academy also mounted, for the benefit oflawyers employed in the judiciary, the ContinuingLegal Education Program for Court Attorneys in theCourt of Appeals Mindanao and Visayas stations, aswell as for those in the Sandiganbayan and the Courtof Tax Appeals.

The Ninth Metrobank Foundation ProfessorialChair Lecture entitled “Towards a More Forward-Looking Insolvency System” was delivered by 2012Chairholder Atty. Francis Ed. Lim, member of ourCommercial Law Department and Senior Co-Managing Partner of the Angara Abello ConcepcionRegala & Cruz Law Offices (ACCRALAW).

By way of our Special Focus Programs, thefollowing activities were held: Capacity Building onEnvironmental Law and the Rules of Procedure forEnvironmental Cases for the Court of Appeals inTagbilaran, Bohol; Seminar-Workshop for Judges onVarious Laws Relating to Court Technology (forRegions I and II, III, IV and V); Lecture Fora on theNew Judicial Affidavit Rule for judges, courtpersonnel, prosecutors, public attorneys and IBPmembers in the Ilocos Region, Tacloban City, Samarand Leyte, as well as in Misamis Oriental, Baguio-Benguet, La Union, and Pangasinan.

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

Trainings, Programs and Activities . . . . . . . . . . . . . . .

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

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

Orders

Administrative Order No. 27-2013 . . . . . . . . . . . .

Circulars

OCA Cir. No. 05-2013 – Modification of the PublicProsecutors’ Compliance with the Provisions onthe Judicial Affidavit Rule . . . . . . . . . . . . . . . . . . . .

OCA Cir. No. 07-2013 – Timely Submission ofCertificates of Service of Judges and Daily TimeRecords (DTRs)/Bundy Cards of Personnel of theLower Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

OCA Cir. No. 08-2013 – Reiterating SecurityProtocol for the First and Second Level Courts . .

OCA Cir. No. 18-2013 – Guidelines in theImplementation of the Automated Payroll Systemin the Multi-Sala Regional Trial Courts Outside theNational Capital Judicial Region and the MunicipalTrial Courts in Cities in All Judicial Regions . . . . . . . . .

OCA Cir. No. 24-2013 – Guidelines on the Use ofMobile Broadband Sticks and Official Email . . . . .

OCA Cir. No. 40-2013 – Issuance of Mittimus orCommitment Order, Other Documents Neededfor the Transfer of Insular Prisoners from theBureau of Jail Management and Penology to theNew Bilibid Prison of the Bureau of Corrections inCompliance with OCA Circular No. 4-92-A . . . . . . . .

OCA Cir. No. 41-2013 – Dangerous Drugs Board,Board Regulation No. 3, Series of 2008 . . . . . . . . .

OCA Cir. No. 44-2013 – Amendment of OCA CircularNo. 74-2010 Guidelines in the Submission ofApplications for Appointment in the Lower Courts. .

Upcoming PHILJA Events . . . . . . . . . . . . . . . . . . . . . . .

JANUARY-MARCH 20132

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

ADOLFO S. AZCUNAChancellor

The Academy, thru the Philippine MediationCenter Office (PMCO), conducted a number ofactivities in support of Alternative Dispute Resolutionsuch as: a Refresher/Advanced Course for Court-Annexed Mediators for the Camarines Sur MediationProgram; an Orientation Conference withStakeholders on Court-Annexed Mediation for theBohol Mediation Program, as well as the Orientationand Screening of Prospective Mediators and PMC UnitStaff, also in Bohol; and a Judicial SettlementConference for Judges on Judicial Dispute Resolutionin Tagaytay City.

We likewise continued taking note of new rulingsof the Supreme Court and kept up with the doctrinalreminders, as well as newly issued Court orders,resolutions, and circulars in our website. We also tooknote of new OCA circulars.

In closing, I would like to quote the Knight’s Oathfrom Kingdom of Heaven, a film about Jerusalemduring the Crusades:

Be without fear in the face of your enemies. Be braveand upright that God may love thee. Speak the truthalways, even if it leads to your death. Safeguard thehelpless and do no wrong—that is your oath.

All the best.

In addition, the Academy also conducted thefollowing: Personal Security Training for SelectedJudges at the PHILJA Training Center in Tagaytay City;training on Increasing Judicial Efficiency: Seminar-Workshop for Judges on the Effective Use of theBenchbook for Philippine Trial Courts (revised andexpanded); Seminar-Workshop on StrengtheningJudicial Integrity and Rule of Law for Executive Judgesand Single Sala Court Judges of Regions X, XI and XII;Competency Enhancement Training (CET) for Judgesand Court Personnel Handling Cases InvolvingChildren; and the roll-out of the CompetencyEnhancement Training for Judges, Prosecutors, SocialWorkers and Law Enforcement Investigators HandlingTrafficking in Persons Cases (CET-TIP) for Cebu City, inpartnership with the International Justice Mission-Cebu.

We also partnered with the Philippine WomenJudges Association (PWJA) for the conduct of their18th National Convention and Seminar in Palo, Leyte,the theme of which was Kababaihan para saKatarungan at Kalikasan.

PHILJA also continued to support the Court’sEnhanced Justice on Wheels (E-JOW) Program withthe conduct of Information Dissemination through aDialogue with Barangay officials and Court officials inBinangonan, Rizal.

PHILJA Chancellor Adolfo S. Azcuna, Justice Delilah V. Magtolis, Chief of Office for Academic Affairs, and Court of AppealsJustice Myra G. Fernandez with the participants of the 65th Orientation Seminar-Workshop for Newly Appointed Judges.

VOLUME XV ISSUE NO. 57 3

TRAININGS, PROGRAMS AND ACTIVITIES

The Metrobank Foundation Professorial Chair Lecture isendowed by the Metrobank Foundation, Inc. to assist PHILJA’sjudicial education programs by providing grants to its Corps ofProfessors to write and publish treatises with innovativeconcepts and approaches in designated areas of law. Since 2004,nine PHILJA Professors have delivered professorial chair lecturesin various fields of law.

On January 25, 2013, PHILJA conducted the NinthMetrobank Foundation Professorial Chair Lecture featuring thetopic “Toward a More Forward-Looking Insolvency System.” Thelecture was delivered by Professor Francis Ed. Lim, the 2012holder of the Metrobank Foundation Professorial Chair inCommercial Law. In attendance were 336 participantscomprising justices of the Supreme Court, Court of Appeals,Sandiganbayan and Court of Tax Appeals; SC, CA and PHILJAofficials and personnel; selected judges of the NCJR; and otherguests.

In his opening remarks, Justice Arturo D. Brion mentionedthat the Financial Rehabilitation and Insolvency Act (FRIA) of2010 (RA No. 10142) is “an innovation as it redefined court-supervised and pre-negotiated rehabilitation; introduced out-of-court rehabilitation; and has incorporated into our legalsystem the Model Law on Cross-Border Insolvency of the UnitedNations Center for International Trade and Development.” Thesubcommittee that drafted FRIA’s implementing rules,composed of Justice Estela M. Perlas-Bernabe, Justice Japar B.Dimaampao, Justice Apolinario D. Bruselas, Jr., Judge ReynaldoB. Daway, IPO Director General Ricardo Blancaflor, andProfessor Lim, is waiting for the completion of responses frommajor stakeholders. The Rules are expected to be approved,promulgated, and made effective by June of this year. ProfessorLim discussed the topics: importance of having an effectiveinsolvency system; international best practices; PhilippineInsolvency Law under Republic Act No. 10142; and additionalkey components for an effective insolvency system. SenatorEdgardo J. Angara and Atty. Monico V. Jacob, FormerCommissioner of the Securities and Exchange Commission, gavetheir reactions to the lecture.

Ninth Metrobank FoundationProfessorial Chair Lecture

Lecture–Forum on theNew Judicial Affidavit Rule

On September 4, 2012, the Supreme Court En Bancapproved the Judicial Affidavit Rule in A.M. No. 12-8-8-SC which took effect on January 1, 2013. Theadoption of the Rule was recommended by theSupreme Court Committee on the Revision of theRules of Court, headed by Senior Associate JusticeAntonio T. Carpio, and its Subcommittee, headed byAssociate Justice Roberto A. Abad. The Rule seeks tofully address case congestion and delays in courts,given the volume of cases filed each year and theslow and cumbersome trial process.

The Philippine Judicial Academy conducted fourlecture–forums which aimed to familiarize judges andstakeholders with the salient features of the newRule and to open for discussion possible issues andconcerns in its implementation. It ensures toaccomplish the very main objective – the efficient,effective and expeditious disposition of cases.

Justice Abad discussed the salient points of thenew Rule including: functions of judicial affidavits;how and when the affidavits are submitted; languageto be used for the affidavits; contents of the affidavits;consequence of false attestation; and application ofthe rule to criminal actions. An open forum cappingeach activity gave the participants opportunity toraise questions on the new Rule.

Below is a summary of participants comprisingjudges, clerks of court, prosecutors, PAO lawyers,and IBP members who attended the lecture–forums:

Date of Venue Area No. ofLecture-Forum ParticipantsJan. 18, 2013 Fort Ilocandia Region I 153

Laoag City (49 judges)

Jan. 25, 2013 The Oriental Region VIII 208Leyte Hotel (44 judges)Palo, Leyte

March 1, 2013 Mallberry Suites Region X 244Business Hotel (68 judges)Cagayan deOro City

March 8, 2013 Forest Lodge Baguio- 256The Manor Benguet (57 judges)Camp John Hay La UnionBaguio City Pangasinan

JANUARY-MARCH 20134

The Philippine Judicial Academy commemorated its 17th

Founding Anniversary with a sportsfest held at the PHILJATraining Center (PTC) in Tagaytay City on March 12, 2013.

The sportsfest, with the theme “In Pursuit of Fitnessand Wellness,”kicked off with a parade of colors by therepresentatives of the different teams and lighting of thetorch by Ms. Bea Azcuna. PHILJA Chancellor Adolfo S.Azcuna delivered the Welcome Remarks andadministered the Oath of Sportsmanship to the athletes.After the teams’ cheering performances, the basketball,badminton, billiards, and table tennis games were heldsimultaneously. The activity culminated with a recognitionprogram for the personnel at the PTC auditorium.

The Loyalty Awardees (10 years) were: Reynaldo A.Daclan, Philippine Mediation Center Office (PMCO); CloydD. Garra, PMCO; Eduardo M. Irigayen, Jr., PMCO;Armando A. Marinduque, PHILJA Training Center Office(PTCO); Ciriaco M. Martos, PTCO; Ma. Christina M. Molo-Recio, Administrative Office; and Vilma L. Velchez, PTCO.

17th PHILJA Founding Anniversary

Chancellor Azcuna (center) tosses theball between Joselito Quines (Redteam) (left) and Dean Sedfrey M.Candelaria (Blue team) (right).

The Model Employees were: Supervisory Level — Atty.Eric Voltaire A. Pablo, Programming and Monitoring Division,Academic Affairs Office; and Non-Supervisory Level — Mr.Joel F. Balatucan, Corporate Planning Division, AdministrativeOffice.

The Chancellor’s Award was granted to Atty. Ronald M.Garcia of the Vice Chancellor’s Office.

JANUARY-MARCH 20136

Roll-out of the CompetencyEnhancement Training for Judges,

Prosecutors, Social Workersand Law Enforcement Investigators

Handling Traffickingin Persons Cases

PHILJA conducted a roll-out of the CompetencyEnhancement Training for Judges, Prosecutors, SocialWorkers and Law Enforcement Investigators HandlingTrafficking in Persons Cases on March 19–21, 2013.This is the first competency enhancement training heldfor such stakeholders.

The lectures covered topics such as Overview ofTrafficking in Persons (TIP); Dynamics of Victimization/The Profile of a Trafficked Victim; Salient Features ofRA No. 9208 and RA No. 10364; How to Interview TIPVictims; Psychosocial Trauma of Trafficking Victims;How to Investigate a Case of Trafficking; Special Ordersand Warrants; and Putting It All Together: Prosecutinga TIP Case. The viewing of the module videos, and theparticipation in the workshops and practicumscomplemented the participants’ learnings on thelectures.

Forty-nine participants, composed of judges,prosecutors, court social workers, police investigatorsfrom Cebu, and representatives from the NationalBureau of Investigation and Alternative Law Groups,attended the activity.

Incumbency Status of Hon. Gregory Ong asAssociate Justice of the Sandiganbayan

office until he shall have successfully completed allnecessary steps, through the appropriate adversarialproceedings in court, to show that he is a natural-bornFilipino citizen and correct the records of his birth andcitizenship.”

· Special Proceedings No. 11767-SJ

Justice Ong filed a petition with RTC Br. 264 PasigCity, docketed as S.P. No. 11767-SJ entitled In Re:Amendment/Correction/Supplementation orAnnotation of an Entry in the Certificate of Birthof Gregory Santos Ong – Gregory Santos Ong,Petitioner v. The Civil Registrar of San Juan, MetroManila, et. al., Respondents. On October 24, 2007,the Court granted Justice Ong’s petition andrecognized him as a natural-born citizen of thePhilippines.

· G.R. No. 179895

In September 2007, Ferdinand Topacio sought toprevent Justice Ong from further exercising thepowers, duties, and responsibilities of an AssociateJustice of the Sandiganbayan because of hisChinese citizenship (Topacio v. Ong). The Courtdismissed Topacio’s petition for being an impropercollateral attack on a public officer’s title and itheld that it could not, “upon the authority of thepresent petition, determine said question on thecitizenship of Justice Ong without encroaching onand pre-empting the proceedings emanating fromthe RTC case.”

· G.R. No. 180543

In July 2010, the Court dismissed the petition forcertiorari and prohibition filed by Sen. Jovito R.Salonga, representing Kilosbayan Foundation andBantay Katarungan Foundation, assailing thedecision rendered in S.P. No. 11767-SJ and theseveral orders issued by Presiding Judge LeoncioJanolo, Jr. of the RTC Br. 264, Pasig City. The Courtheld that Sen. Salonga failed to prove the prejudiceof Presiding Judge Janolo, Jr. with clear andconvincing evidence.

The pronouncements in both G.R. No. 179895 and G.R.No. 180543 and the finality of the decision rendered byRTC Br. 264 Pasig City on October 24, 2007, in S.P. No.11767-SJ recognizing Justice Ong as a natural-born citizenof the Philippines and directing the correction of theexisting records of his birth and citizenship definitivelysettled the query of SP Villa-Ignacio.

On March 5, 2013, the Supreme Court issued Court En BancResolution A.M. No. 07-8-02-SB re: Letter-Query of SpecialProsecutor Dennis M. Villa-Ignacio on the IncumbencyStatus of Hon. Gregory S. Ong as Associate Justice of theSandiganbayan ruling that Justice Ong shall continue tohold office as Member of the Sandiganbayan. The letter-query was sent to the Court in July 2007 from where SPVilla-Ignacio sought guidance on whether Justice Ong couldcontinue to sit as a Member of the Sandiganbayan afterthe Court’s promulgation of the decision in G.R. No. 177721enjoining him “from accepting an appointment to theposition of Associate Justice of the Supreme Court orassuming the position and discharging the functions of that


64th Orientation Seminar-Workshop forNewly Appointed Judges

Date: January 22–31, 2013Venue: PHILJA Training Center, Tagaytay CityParticipants: 36 newly appointed and 4 promoted judges,namely:

A. NEW APPOINTMENTS

REGIONAL TRIAL COURTS

REGION IIIHon. Maximo B. Ancheta, Jr.RTC, Br. 66, Baler, AuroraHon. Marifi P. ChuaRTC, Br. 70, Iba, ZambalesHon. Merideth D. Delos Santos-MaligRTC, Br. 51, Guagua, PampangaHon. Corazon A. Domingo-RañolaRTC, Br. 10, Malolos City, BulacanHon. Hermenegildo C. Dumlao IIRTC, Br. 81, Malolos City, BulacanHon. Mirasol O. DychingcoRTC, Br. 20, Malolos City, BulacanHon. Roline M. Ginez-JabaldeRTC, Br. 74, Olongapo City, ZambalesHon. Mildred V. HernalRTC, Br. 35, Gapan City, Nueva EcijaHon. Ana Marie C. Joson-ViterboRTC, Br. 24, Cabanatuan City, Nueva Ecija

REGION XIHon. Carlos L. Espero IIRTC, Br. 9, Davao CityHon. Retrina E. FuentesRTC, Br. 10, Davao City

REGION XIIHon. Renato B. GleyoRTC, Br. 19, Isulan, Sultan Kudarat

MUNICIPAL TRIAL COURTS IN CITIES

REGION IIIHon. Kelly B. BelinoMTCC, Br. 1, Cabanatuan City, Nueva EcijaHon. Esmeralda B. DavidMTCC, Br. 4, Olongapo City, ZambalesHon. Rosalind R. Jungco-AbrigoMTCC, Br. 3, Olongapo City, ZambalesHon. Zamita T. MationgMTCC, Science City of Muñoz, Nueva Ecija

REGION IVHon. Rean G. Arizala-JoaquinMTCC, Br. 3, San Pablo City, LagunaHon. Petronila P. Tañas-ArguellesMTCC, Br. 1, Batangas City

OrientationMUNICIPAL TRIAL COURTS

REGION IIIHon. Rowena R. ChavezMTC, Paombong, BulacanHon. Ma. Arabella G. Eusebio-RodolfoMTC, Clark Field, PampangaHon. Vicente S. Fernandez, Jr. *

MTC, San Felipe, Zambales

REGION IVHon. EImer H. AleaMTC, San Jose, BatangasHon. Michelle C. Manaig-CalumpongMTC, San Juan, Batangas

REGION XHon. Rosalie D. PlatilMTC, Mainit, Surigao del Norte

MUNICIPAL CIRCUIT TRIAL COURTS

REGION IIIHon. Jane T. Yap-Evangelista3rd MCTC: Victoria-La Paz, TarlacHon. Araceli R. Soñas-Crisostomo5th MCTC: Apalit-San Simon, Pampanga

REGION IVHon. Ronilo A. Beronio6th MCTC: Roxas-Caganyancillo, Palawan

REGION VIHon. Steven P. Cercado11th MCTC: Janiuay-Badiangan, Iloilo

REGION VIIIHon. Angelo M. Raagas7th MCTC: Guiuan-Mercedes, Eastern Samar

REGION XHon. Dante R. Corminal5th MCTC: Tubod-Alegria, Surigao del NorteHon. Celenito N. Daing4th MCTC: Jimenez-Sinacaban, Misamis OccidentalHon. Ali Joseph Ryan C. Lloren5th MCTC: Jasaan-Claveria, Misamis Oriental

REGION XIHon. Alona T. Labtic4th MCTC: Lupon-Banay-Banay, Davao OrientalHon. Minerva P. Pepino-Estremos1st MCTC: Carmen-Sto. Tomas-Braulio E. Dujali, Davao del NorteHon. Ferdinand R. Villanueva1st MCTC: Compostela-New Bataan, Compostela Valley

REGION XIIHon. Gil A. De La Banda1st MCTC: Makilala-Tulunan, North Cotabato

* Incomplete Attendance

JANUARY-MARCH 20138

B. PROMOTIONS


REGION IIHon. Neljoe A. CortesRTC, Br. 6, Aparri, Cagayan

REGION IVHon. Manolito Y. GumarangRTC, Br. 17, Cavite City

REGION XHon. Richard D. MordenoRTC, Br. 22, Cagayan de Oro CityHon. Vincent Filomeno B. RosalesRTC, Br. 23, Cagayan de Oro City

65th Orientation Seminar-Workshop forNewly Appointed Judges

Date: March 5–14, 2013Venue: PHILJA Training Center, Tagaytay CityParticipants: 37 newly appointed and 3 promoted judges,namely:

A. NEW APPOINTMENTS


REGION IHon. Romeo U. HabbilingRTC, Lagawe, IfugaoHon. Emmanuel C. RasingRTC, Br. 3, Baguio City

REGION IIHon. Cicero B. JandocRTC, Br. 29, Bayombong, Nueva Vizcaya

REGION IVHon. Leah D.R. BaguyoRTC, Br. 48, Puerto Princesa City, PalawanHon. Beatrice A. Caunan-MedinaRTC, Br. 75, San Mateo, RizalHon. Ambrosio B. De LunaRTC, Br. 51 , Puerto Princesa City, PalawanHon. Napoleon E. MatienzoRTC, Br. 62, Gumaca, QuezonHon. Lily Ann M. PadaenRTC, Br. 68, Binangonan, RizalHon. Emmanuel R. RecaldeRTC, Br. 38, Boac, MarinduqueHon. Luvina P. RoqueRTC, Br. 29, San Pablo City, Laguna

REGION VHon. Ignacio C. Barcillano, Jr.RTC, Br. 13, Ligao, AlbayHon. Pedro M. RedoñaRTC, Br. 83, Calabanga, Camarines Sur


REGION IHon. Maria Celestina M. CabaguioMTCC, Candon City, IIocos Sur

REGION IVHon. Maria Christine Isabel Z. Falguera-GuerreroMTCC, Br. 2, San Pablo City, LagunaHon. Mederlyn P. MangalindanMTCC, Br. 1, Cavite CityHon. Barry Boy A. SalvadorMTCC, Br. 1, Antipolo CityHon. Evangeline C. SantosMTCC, Br. 2, Antipolo City

MUNICIPAL TRIAL COURTS

REGION IHon. Rachelle B. Asuncion-PalenMTC, Bolinao, PangasinanHon. Bonhoefer V. BernardezMTC, Bantay, IIocos SurHon. Jesse P. CabrillosMTC, Balaoan, La UnionHon. Rhea S. GallevoMTC, Agoo, La Union

REGION IIHon. Herson S. ValmoresMTC, Kasibu, Nueva Vizcaya

REGION IVHon. Eric S. FortalezaMTC, Sta. Cruz, LagunaHon. Katherine C. Jambaro-AltubarMTC, Angono, RizalHon. Lily D. LabardaMTC, Kawit, CaviteHon. George Andy B. PantanosasMTC, Br. 2, Binangonan, Rizal

REGION VHon. Rene M. Dela CruzMTC, Daet, Camarines SurHon. Maria Christine A. Imperial-BernarteMTC, Calabanga, Camarines SurHon. Maria Kristina C. MalanyaonMTC, Buhi, Camarines SurHon. Maria Gracia P. ValencianoMTC, Pili, Camarines SurHon. Salvador C. Villarosa, Jr.MTC, Labo, Camarines Sur


REGION IHon. Redan A. Acal10th MCTC: Cervantes-Quirino, IIocos Sur


Hon. Modesto D. Bahul, Jr.2nd MCTC: Lamut-Kiangan-Tinoc-Asipulo, IfugaoHon. Gerely C. Rico4th MCTC: San Fabian-San Jacinto, Pangasinan

REGION IIHon. Heherson A. Casareno15th MCTC: Jones-San Agustin, IsabelaHon. Nerissa E. Leal-Rasing2nd MCTC: Dupax del Norte-Dupax del Sur- AlfonsoCastañeda, Nueva Vizcaya

REGION XHon. Melinda B. Mantilla4th MCTC: Claver-Gigaquit, Surigao del Norte

B. PROMOTIONS


REGION IHon. Maria Laarni R. ParaynoRTC, Br. 68, Lingayen, PangasinanHon. Mervin Jovito S. SamadanRTC, Br. 40, Dagupan City, Pangasinan

REGION IIHon. Cresencio I. MaliwatRTC, Br. 21, Santiago City, Isabela

25th Orientation Seminar-Workshop forNewly Appointed Clerks of Court

Date: March 19–22, 2013Venue: PHILJA Training Center, Tagaytay CityParticipants: 80 newly appointed clerks of court, namely:


NATIONAL CAPITAL JUDICIAL REGION

Atty. Rio Nila Licudine AbiangRTC, OCC, Valenzuela CityAtty. Evelyn Tolbe Agravante-AvilaRTC, Br. 41, ManilaAtty. Rizza Abella AquinoRTC, Br. 98, Quezon CityAtty. Jasmin Samonte CabansagRTC, Br. 21, ManilaAtty. Joan Kathlyn Calingasan CagueteRTC, Br. 194, Parañaque CityAtty. Cynthia Celestino CorpuzRTC, Br. 172, Valenzuela CityAtty. Vida Adviento CortezRTC, Br. 209, Mandaluyong CityAtty. Mary Joyce Cruz Diño-SantosRTC, Br. 10, ManilaAtty. Reigi Pura EstilleroRTC, Br. 261, Pasig CityAtty. Marc John Sta. Ana EstrelladoRTC, Br. 157, Pasig City

Atty. Maribel M. FernandezRTC, Br. 270, Valenzuela CityAtty. Rosette Moreno HernandezRTC, Br. 6, ManilaAtty. Gilbert Ilagan IsabedraRTC, Br. 263, Marikina CityAtty. Maria Carla C. LaynesRTC, Br. 202, Las Piñas CityAtty. Michelle Karla C. ManeseRTC, Br. 225, Quezon CityAtty. Francisco Sandino Atienza MarcoRTC, Br. 4, ManilaAtty. Charlene Mae See MigriñoRTC, Br. 222, Quezon CityAtty. Renato Victoria PeraltaRTC, OCC, Las Piñas CityAtty. Pamela Elaine B. QuinayRTC, Br. 165, Marikina CityAtty. Ronaldo Genuino RodriguezRTC, Br. 13, ManilaAtty. Stephen Ivan Matibag SalinasRTC, Br. 102, Quezon CityAtty. Maria Cecilia Gertrudes R. SalvadorRTC, Br. 93, Quezon CityAtty. Phillip Charles Garcia SantosRTC, Br. 18, ManilaAtty. Kelly Adarlo SarmientoRTC, Br. 258, Parañaque CityAtty. Roderick Borlagdan TagniaRTC, Br. 204, Muntinlupa CityAtty. Jennie A. TrinidadRTC, Br. 75 Valenzuela CityAtty. Maria Cielo S. VidalRTC, Br. 192, Marikina CityAtty. Ferdinand Yarra VistaRTC, Br. 38, Manila

REGION IAtty. Leila R. JoseRTC, Br. 42, Dagupan CityAtty. Maribel B. MacarioRTC, Br. 8, La Trinidad, BenguetAtty. Reden Balmores PulmanoRTC, Br. 70, Burgos, PangasinanAtty. Lilybeth Tactay Sindayen-LibiranRTC, Br. 62, La Trinidad, Benguet

REGION IIAtty. Jerome Butic BantiyanRTC, Br. 34, Banaue, IfugaoAtty. Bernard Dominia PaatRTC, Br. 16, Ilagan, IsabelaAtty. Joycee Requimin SabbenRTC, Br. 7, Aparri, Cagayan

REGION IIIAtty. Maricez Joson Ablola-LabangRTC, Br. 1, Balanga, Bataan

JANUARY-MARCH 201310

Atty. Lady Jane Galindez BatisanRTC, Br. 40, Palayan City, Nueva EcijaAtty. Paolo Miguel Tumada BorjaRTC, OCC, Gapan City, Nueva EcijaAtty. Leah Abello De GuzmanRTC, Br. 30, Cabanatuan City, Nueva EcijaAtty. Marianette Aquino GalangRTC, Br. 29, Cabanatuan City, Nueva EcijaAtty. Joanna Patrice David GomezRTC, Br. 49, Guagua, PampangaAtty. Roehl Gonzalez JosonRTC, Br. 77, Malolos City, BulacanAtty. Edmond Baluyot LorenzoRTC, Br. 83, Malolos City, BulacanAtty. Louise Batenga MadriagaRTC, Br. 89, Sto. Domingo, Nueva EcijaAtty. Jerome A. MatasRTC, Br. 6, Malolos City, BulacanAtty. Ryan Scott Fiesta RobiñosRTC, Br. 63, Tarlac City, TarlacAtty. Janette Sanqui SantiagoRTC, Br. 25, Cabanatuan City, Nueva EcijaAtty. Arlynne T. Saludez-EstebanRTC, OCC, Tuguegarao City, Cagayan

REGION IVAtty. Hazel Valiente AbagatRTC, Br. 61, Gumaca, QuezonAtty. Beethoven M. AlbanRTC, Br. 81, Romblon, RomblonAtty. Maria Theresa Obeña AvilaRTC, Br. 53, Lucena City, QuezonAtty. Imee B. Baurile-MalabananRTC, Br. 18, Tagaytay City, CaviteAtty. Marizon Cenidoza CatameoRTC, Br. 95, Antipolo City, RizalAtty. Fridah Lara M. De LeonRTC, Br. 86, Taal, BatangasAtty. Juan Clarete ManaloRTC, Br. 4, Batangas City, BatangasAtty. Julius Cabarles MilaRTC, Br. 98, Antipolo City, RizalAtty. Norberto Mediante Mingao, Jr.RTC, OCC, Antipolo City, RizalAtty. Joycee Mendoza PabellanoRTC, Br. 56, Lucena City, QuezonAtty. Regulus Recio RocafortRTC, Br. 85, Lipa City, Batangas

METROPOLITAN TRIAL COURTS

Atty. Elmer D. CabreraMeTC, Br. 81, Valenzuela CityAtty. Cheryll S. De MesaMeTC, Br. 88, Parañaque CityAtty. Rosario C. Del Rosario-JusayMeTC, Br. 92, Marikina City

Atty. Marneolin L. Estebal-BagaporoMeTC, Br. 91, Parañaque CityAtty. Helen M. EvangelistaMeTC, Br. 82, Valenzuela CityAtty. Glen Galopa EvascoMeTC, Br. 93, Marikina CityAtty. Maria Theresa Cainglet GonzalesMeTC, Br. 53, Caloocan CityAtty. Rommel Fragante LibanMeTC, Br. 95, Marikina CityAtty. Rolando Alog PanaliganMeTC, Br. 94, Marikina CityAtty. Ligaya V. ReyesMeTC, Br. 90, Parañaque City


REGION IMr. Andres M. FernandezMTCC, Dagupan City, Pangasinan

MUNICIPAL TRIAL COURTS

Ms. Bernadith Dequito Del FierroMTC, Pagbilao, QuezonMs. Susan Tuazon GapasinMTC, Alicia, IsabelaMs. Sonia Comia LapathaMTC, Dolores, Eastern SamarMr. Emmanuel Garcia SantiagoMTC, San Leonardo, Nueva Ecija

REGION IMr. Paul Anthony Kibatay AdaisMTC, Itogon, BenguetMs. Eloisa Liberty Rosete NebreMTC, Agno, Pangasinan

REGION IIIMr. Lynyrd Andres MedinaMTC, Clarkfield, PampangaMs. Nelda Garcia TolentinoMTC, Guagua, Pampanga


REGION IMs. Ma. Gemma Radoc Dela Rosa2nd MCTC: Labrador-Sual, PangasinanMs. Frances Cayetano Guerero8th MCTC: Paoay-Currimao, Ilocos Norte

Continuing Legal Education for Court Attorneys

Date: February 6–7, 2013Venue: Pryce Plaza Hotel, Cagayan de Oro CityParticipants: 39 CA (Mindanao Station) lawyers

Continuing Legal Education


Date: February 13–14, 2013Venue: Radisson Blu Hotel, Cebu CityParticipants: 48 CA (Visayas Station) lawyers

Date: February 27–28, 2013Venue: PHILJA Training Center, Tagaytay CityParticipants: 64 SB and CTA lawyers

CDP for Court Legal Researchers

Date: February 20–21, 2013Venue: Avenue Plaza Hotel, Naga CityParticipants: 63 court legal researchers of Region V

Date: March 20–21, 2013Venue: Montebello Villa Hotel, Cebu CityParticipants: 60 court legal researchers of Region VII

JCEP for Judges

Date: February 27–March 1, 2013Venue: Dakak Park and Beach Resort, Dapitan CityParticipants: 45 RTC, MTCC, MTC, MCTC, and SHCC judges ofRegion IX

Date: March 13–15, 2013Venue: PHILJA Training Center, Tagaytay CityParticipants: 59 RTC judges of Region III

28th Pre-Judicature Program

Date: February 4–15, 2013Venue: Traders Hotel, Pasay CityParticipants: 36 lawyers, namely:

1. Eileen Eleanor D. Adaza2. Mylene May G. Adube-Cabuag3. Don Ace Mariano V. Alagar4. Candice Guada Cresilda C. Almodovar5. Ivy V. Asetre6. Rosa P. Besedillas7. Leizl L. Calimaran-Soriano8. Pacito M. Canonoy, Jr.9. Larry B. Cabero10. Misael Raymundo C. Dinsay11. Marilou M. Dulalas-Pascual12. Gorgonio B. Elarmo, Jr.13. Kerwyn D. Garcia14. Philger Noel B. Inovejas15. Jeanylene T. Isip-Fukai16. Jesusa R. Lapuz17. Hesiquio R. Mallillin18. Sarah C. Marcos-Martin

Career Development Program (CDP)

19. Nicolas B. Medenilla II20. Gilbert U. Medrano21. Miguel L. Mergal22. Norbert Bong S. Obedoza23. Sinforoso N. Ordiz, Jr.24. Rigor R. Pascual25. Doris A. Rabang-Briones26. Sheila R. Rafanan27. Geraldine B. Ramos28. Ronces Anne S. Reyes-De Leon29. Lean Rico-Obal30. Corazon L. Rodriguez-Bondoc31. Bernard D. Rosario32. Russell D. Sabado33. Alexander A. Tordilla34. Buenagracia D. Umali35. Geronimo I. Ventura III36. Erika Frances S. Buluran-Monzon (attended on

February 13 only)

29th Pre-Judicature Program

Date: March 11–22, 2013Venue: The Bayleaf, Intramuros, ManilaParticipants: 96 lawyers, namely:

1. Juanita Lilet D. Abuel2. Leonard Rey A. Aguinaldo3. Christine Ann Marie R. Alcazar-Batacan4. Jezebel L. Almodal-Espinosa5. Charisse Gail D. Apatan6. Marivic C. Arriola7. Cherrie G. Balderama8. Christopher A. Batacan9. Vanessa F. Bernardo-Agawin10. Elizabeth G. Bringas11. Ma. Theresa C. Bueno12. Isabelo P. Bulos13. Filipina C. Cabauatan14. Melody Anne E. Calo-Villar15. Edwin B. Carabbacan16. Nepomuceno Z. Caylao17. Jenny J. Cera-Bayangos18. Arnel P. Cezar19. Denise A. Dacanay-Sagun20. Rhodalyne E. Dapul-Artazo21. Katherine Faye Darvin-Dizon22. Sheba V. De la Cruz-Javier23. Raymond C. De Lemos24. Maricar P. Dela Cruz-Buban25. Joeven D. Dellosa26. Cresencio Endozo27. Irene M. Espina28. Jocelyn T. Fabian29. Maritess E. Fabila-Vizconde30. Kristine A. Ferrer31. Pagwadan S. Fonacier

Judicial Career Enhancement Program (JCEP)

Pre-Judicature Program


32. Joyce B. Gaballo-Llacer33. Isser Josef V. Gatdula34. Reyes G. Geromo35. Cyrus B. Goco36. Maria Lina P. Gonzaga37. Sherry R. Gonzalvo38. Linda B. Gumabol39. Dante Gil D. Gumpal40. Ricardo C. Ibarreta, Jr.41. Grace P. Ignacio42. Rey P. Inciong43. Roy P. Inciong44. Gil Rose C. Inovejas45. Joel J. Jabal46. Zharone Fritz M. Japzon-Ferreras47. Alvin B. Landicho48. Alma Grace M. Lee-Omengan49. Maria Teresa L. Lee-Rafols50. Melissa N. Leonardo-Rodriguez51. Emery Joy M. Ma52. Emma D. Madronio53. Maricel M. Magpantay-Ng54. Lita T. Maligaya55. Grandis Rem T. Manalabe56. Remedios P. Marcos57. Marilyn M. Martin58. Mischelle Maulion-Jocson59. Arnaldo C. Mendieta60. Kristine Joy M. Meñez-Macalalad61. Camilo A. Oliva62. Jennifer Cabanban Ong63. Rima B. Orbon-Ortega64. Angelina M. Orendain65. Dennis Galahad C. Orendain66. Alejandra P. Paningbatan67. Edmar D. Pascua68. Alexander L. Paulino69. Valerie Love V. Pelayo-Ilagan70. Maria Fatima P. Pepinas-Neri71. Donna Michelle I. Pinlac-Reyes72. Marietta M. Ramirez73. Maybelle C. Ramos-Tolentino74. Francis B. Reyes75. Purissa M. Reyes76. Marietta M. Rodriguez77. Ariel N. Ruiz78. Jeanne Marie A. Sabio79. Annalyn O. Salvatierra-Rodrigazo80. Thyrone Z. Sanchez81. Henry C. Santos82. Isabelito E. Sicat83. Ivalene E. Sigua84. Aura Clarissa B. Tabag-Querubin85. Shirley M. Tagao-Gumiran86. Glenda G. Togonon87. Ma. Lisa L. Tolentino88. Jewelyne Jovette B. Valenton-Carreon

89. Leah Angeli Vasquez-Abad90. Lissa Belle M. Villanueva91. Marlyn C. Willy-Galasa92. Anne Marie U. Yao93. Maria Cleza A. Zamora94. Randy P. Zarate95. Clarence G. Zerrudo96. Marizen B. Grutas

Ninth Metrobank Foundation Professorial Chair Lecture“Toward a More Forward-Looking Insolvency System”

Date: January 25, 2013Venue: Court of Appeals Auditorium, Court of AppealsParticipants: 336 comprising SC, CA, SB, and CTA justices, SC,CA, and PHILJA officials and personnel, selected judges ofthe NCJR judges, and other guests

Capacity Building on Environmental Laws and the Rules ofProcedure for Environmental Cases for the Court of Appeals

Date: January 9–11, 2013Venue: Flushing Meadows Resort, Panglao, BoholParticipants: 22 CA-Cebu justices

Seminar-Workshop for Judges on Various Laws Relatingto Court Technology

Date: January 16–17, 2013Venue: Fort Ilocandia Resort Hotel, Laoag City, Ilocos NorteParticipants: 34 RTC judges of Regions I and II

Date: February 19–20, 2013Venue: Pan Pacific Hotel, ManilaParticipants: 38 RTC judges of Regions III and IV

Date: March 19–20, 2013Venue: Hotel Venezia, Legaspi CityParticipants: 35 RTC judges of Region V

Lecture–Forum on the New Judicial Affidavit Rule

Date: January 18, 2013Venue: Fort Ilocandia Resort Hotel, Laoag City, Ilocos NorteParticipants: 153 comprising selected RTC, MTCC, MTC,and MCTC judges, clerks of court, prosecutors, IBPmembers and PAO lawyers, and law student of Ilocos Norteand Ilocos Sur

Date: January 25, 2013Venue: The Oriental Hotel Leyte, Palo, LeyteParticipants: 208 selected RTC, MTCC, MTC, and MCTCjudges, clerks of court, prosecutors, IBP (Samar and LeyteChapters) members, and PAO lawyers of Tacloban City,Samar, and Leyte

Special Lecture

Special Focus Programs


Date: March 1, 2013Venue: Mallberry Suites Business Hotel, Cagayan de Oro CityParticipants: 250 selected RTC, SDC, MTCC, MTC, andMCTC judges of Region X, clerks of court, prosecutors, IBP(Misamis Oriental and Bukidnon Chapters) members andPAO lawyers of Misamis Oriental

Date: March 8, 2013Venue: Forest Lodge, Camp John Hay, Baguio CityParticipants: 256 selected RTC, MTCC, MTC, and MCTCjudges, clerks of court, prosecutors, IBP members and PAOlawyers of Baguio, Benguet, La Union, and Pangasinan

Increasing Judicial Efficiency: Seminar-Workshop forJudges on the Effective Use of the Benchbook for PhilippineTrial Courts (Revised and Expanded)

Date: January 31, 2013Venue: Harolds Hotel, Cebu CityParticipants: 54 RTC, MTCC, MTC and MCTC judges ofRegions VII and VIII (Batch 2)

Date: February 12, 2013Venue: Fort Ilocandia Hotel, Laoag CityParticipants: 52 RTC, MTCC, MTC and MCTC judges ofRegions I and II (Batch 2)

Date: March 14, 2013Venue: L’ Fisher Hotel, Bacolod CityParticipants: 47 RTC, MTCC, MTC and MCTC judges ofRegion VI (Batch 2)

Personal Security Training for Judges

Date: February 13–15, 2013Venue: PHILJA Training Center, Tagaytay CityParticipants: 46 RTC and MCTC judges

Information Dissemination Through A Dialogue BetweenBarangay Officials and Court Officials

Date: February 14, 2013Venue: Casimiro A. Ynares, Sr. Gym, Binangonan, RizalParticipants: 275 barangay officials of the Province of Rizal

Seminar-Workshop on Strengthening Judicial Integrity andRule of Law for Executive Judges and Single Sala CourtJudges of Regions X, XI, and XII

Date: February 27–28, 2013Venue: Mallberry Suites Business Hotel, Cagayan de Oro CityParticipants: 35 RTC judges

Competency Enhancement Training (CET)For Judges and Court Personnel Handling CasesInvolving Children

Date: March 5–7, 2013Venue: The Bayleaf, Intramuros, ManilaParticipants: 36 RTC judges, clerks of court, courtinterpreters, prosecutors, and PAO lawyers

For Judges, Prosecutors, Social Workers and LawEnforcement Investigators Handling Trafficking inPersons Cases

Date: March 19–21, 2013Venue: Harolds Hotel, Cebu CityParticipants: 49 RTC judges, prosecutors, social workers,and representatives from PNP, NBI and ALG

18th National Convention and Seminar of the PhilippineWomen Judges Association (PWJA)

Theme: “Kababaihan para sa Katarungan at Kalikasan”Date: March 6–8, 2013Venue: The Oriental Hotel Leyte, Palo, LeyteParticipants: 290 women judges

Refresher/Advanced Course for Court-Annexed Mediators(Camarines Sur Mediation Program)

Date: January 30–31, 2013Venue: Villa Caceres Hotel, Naga CityParticipants: 10 mediators

Orientation Conference with Stakeholders on Court-Annexed Mediation (Bohol Mediation Program)

Date: February 21, 2013Venue: Bohol Tropics Resort, Tagbilaran City, BoholParticipants: 92 RTC, MTC, and MCTC judges, clerks of court,and stakeholders from the IBP, National ProsecutionService, PAO, LGUs, business, academe, media and NGOs

Orientation and Screening of Prospective Mediators andPMC Unit Staff (Bohol Mediation Program)

Date: March 6–7, 2013Venue: Hall of Justice, Carmen Bohol and Hall of Justice,Talibon, BoholParticipants: 48 mediators and staff applicants

Faculty Workshop for the Judicial Settlement Conferencefor Judges on Judicial Dispute Resolution (Skills-BasedCourse)

Date: March 19, 2013Venue: PHILJA Training Center, Tagaytay CityParticipants: 17 lecturers and facilitators

Judicial Settlement Conference for Judges on JudicialDispute Resolution (Skills-Based Course)

Date: March 20–22, 2013Venue: PHILJA Training Center, Tagaytay CityParticipants: 59 RTC, MeTC, MTCC, MTC, and MCTC judges

Convention-Seminar

On ADR/Mediation/JDR


PHILJA Chief of Academic Affairs Office Justice Deli lah V. Magtolis (seated far left) and PHILJA Professor JusticeOswaldo D. Agcaoili (seated far right) with participants of the Capacity Building on Environmental Laws and the Rules ofProcedure for Environmental Cases for the Court of Appeals held on January 9–11, 2013, at the Flushing Meadows Resort,Panglao, Bohol.

Participants of the Judicial Career Enhancement Program for Regional Trial Court Judges of Region III held on March 13–15,2013, at the PHILJA Training Center, Tagaytay City.

CA Jose Midas P. Marquez (seated center, second row) with the participants of the Personal Security Training for Judges heldon March 13–15, 2013, at the PHILJA Training Center, Tagaytay City.


8_ejow binangonan

Justice Oswaldo D. Agcaoili lectures during the Information Dissemination Through a Dialogue Between Barangay and CourtOfficials held on February 14, 2013, at the Casimiro A. Ynares, Sr. Gym, Binangonan, Rizal.

Judge Divina Luz P. Aquino-Simbulan(seated, center) with participants of theRefresher/Advanced Course for Court-AnnexedMediators (Camarines Sur Mediation Program)held on January 30–31, 2013, at the VillaCaceres Hotel, Naga City.

Justice Edilberto G. Sandoval (ret.) and Justice Rodolfo G. Palattao (ret.) (seated) with participants of the Career DevelopmentProgram for Court Legal Researchers held on March 20–21, 2013, at the Montebello Villa Hotel, Cebu City.


Justice Teresita J. Leonardo-De Castro, PresidentJustice Remedios A. Salazar-Fernando, Executive Vice PresidentJustice Amelia C. Manalastas, Vice President – Appellate CourtsJudge Ma. Theresa M. Arcega, Vice President – RTCJudge Maria Zoraida S. Zabat-Tuazon, Vice President – MeTC/MTCCJudge Myla M. Villavicencio-Olan, Vice President – MTC/MCTCJudge Tita P. Villordon, SecretaryJudge Ma. Bernardita J. Santos, TreasurerJudge Sylva G. Aguirre-Paderanga, AuditorJudge Josefina E. Siscar, Public Relations OfficerJudge Rosalyn M. Loja, NCR – District 1Judge Perpetua Atal-Paño, NCR – District 2Judge Emma M. Torio, Region I

Associations of Judges and Court Personnel

Philippine Women Judges Association (PWJA)Officers and Directors Directory 2013–2015

Judge Precious Lovely Olivia A. Sales-Jao, Region IIJudge Josefina D. Farrales, Region III – District 1Judge Sita J. Clemente, Region III – District 2Judge Amy Melba S. Belulia, Region IV – District 1Judge Lorelle Moana R. Hitosis, Region IV – District 2Judge Cecilia R. Borja-Soler, Region VJudge Alicia Cruz Barrios, Region VIJudge Ester M. Veloso, Region VIIJudge Evelyn P. Riños-Lesigues, Region VIIIJudge Deborah P. Garcia-Nazario, Region IXJudge Evelyn G. Nery, Region XJudge Loida S. Posadas-Kahulugan, Region XIJudge Lily Lydia A. Laquindanum, Region XII


Hon. Roman G. Del Rosario was appointed by PresidentBenigno S. Aquino III on March 13, 2013, as PresidingJustice of the Court of Tax Appeals.

JUDICIAL MOVES

Before the signing of President Aquino on March 1, 2013of the appointment of Hon. Edward B. Contreras asAssociate Justice of the Court of Appeals, he wasExecutive Judge of the RTC in Roxas City and presidedover Branch 17, therein. He rose from being presidingjudge of the Municipal Circuit Trial Court and MunicipalTrial Court in Cities up to his appointment as ExecutiveJudge of the Regional Trial Court. As trial judge, JusticeContreras was cited in the PHILJA Bulletin, April–June2003 issue, for rendering 22 full-length decisions on long–pending cases within the first 20 days of his assumptionto duty. In 2005, he was nominated for Judicial Excellenceas Outstanding RTC Judge by the Office of the CourtAdministrator.

He had also served for 29 years in local governmentunits and in the judiciary, including a brief stint asconfidential attorney to Supreme Court Justice Josue N.Bellosillo from whom he received rigid training in researchand decision writing.

In his student days, he was a prolific writer, an editorin chief of his school’s publication, a student leader, andchairman of the student council.

DCA Delorino hails from Dumaguete City, NegrosOriental. A consistent academic scholar, at SillimanUniversity, she earned her Bachelors Degrees in Arts,major in Political Science (magna cum laude), andBachelor of Laws (cum laude). At the same time, shehoned her vocal performance skills in the School of Musicand Fine Arts.

In 2002, she was appointed as Presiding Judge ofBranch 37, RTC, Dumaguete City, and, in 2005, she wastransferred to Branch 137, RTC, Makati City, where shealso served as a Vice Executive Judge. In a span of eightyears, she presided over a court of general jurisdiction,as well as those specially designated to handle cases ofheinous crimes, Family Court cases, and Commercial Courtcases.

Hon. EDWARD B. CONTRERAS Associate JusticeCourt of Appeals

appointed on March 1, 2013

Hon. JENNY LIND R.ALDECOA-DELORINO

Deputy Court AdministratorOffice of the Court

Administratorappointed on January 10, 2013

Justice Del Rosario obtained his law degree fromthe University of the Philippines College of Law in 1981.He earned his AB Economics degree from the Universityof Santo Tomas. In 1998 and 2000, he attended theHarvard Law School Program of Instruction for lawyers.

After a brief stint with the Bureau of InternalRevenue as Technical Assistant to the Planning and PolicyService Chief, Justice Del Rosario joined the Office of theSolicitor General (OSG) in 1983, starting as a TrialAttorney I until his appointment as Assistant SolicitorGeneral in 1994. He headed the OSG team representingthe Anti-Money Laundering Council (AMLC) since itscreation in 2001. He was speaker or participant in variousfora, both here and abroad, particularly on the role ofthe OSG in the litigation of anti-money launderingmatters. He also served as the Executive Director of thespecial committee on Naturalization at the OSG.

Hon. ROMAN G. DEL ROSARIO Presiding Justice

Court of Tax Appealsappointed on March 13, 2013


We agree with the CA that the legislature clearlyintended to shorten the period of redemption for juridicalpersons whose properties were foreclosed and sold inaccordance with the provisions of Act No. 3135.

The difference in the treatment of juridical personsand natural persons was based on the nature of theproperties foreclosed – whether these are used asresidence, for which the more liberal one-year redemptionperiod is retained; or used for industrial or commercialpurposes, in which case a shorter term is deemed necessaryto reduce the period of uncertainty in the ownership ofproperty and enable mortgagee-banks to dispose soonerof these acquired assets. It must be underscored that theGeneral Banking Law of 2000, crafted in the aftermath ofthe 1997 Southeast Asian financial crisis, sought to reformthe General Banking Act of 1949 by fashioning a legalframework for maintaining a safe and sound bankingsystem. In this context, the amendment introduced bySection 47 embodied one of such safe and sound practicesaimed at ensuring the solvency and liquidity of our banks. Itcannot therefore be disputed that the said provisionamending the redemption period in Act No. 3135 was basedon a reasonable classification and germane to the purposeof the law.

This legitimate public interest pursued by the legislaturefurther enfeebles petitioner’s impairment of contracttheory.

The right of redemption being statutory, it must beexercised in the manner prescribed by the statute, andwithin the prescribed time limit, to make it effective.Furthermore, as with other individual rights to contractand to property, it has to give way to police power exercisedfor public welfare. The concept of police power is well-established in this jurisdiction. It has been defined as the“state authority to enact legislation that may interfere withpersonal liberty or property in order to promote the generalwelfare.” Its scope, ever-expanding to meet the exigenciesof the times, even to anticipate the future where it couldbe done, provides enough room for an efficient and flexibleresponse to conditions and circumstances thus assumingthe greatest benefits.

The freedom to contract is not absolute; all contractsand all rights are subject to the police power of the Stateand not only may regulations which affect them beestablished by the State, but all such regulations must besubject to change from time to time, as the general well-being of the community may require, or as thecircumstances may change, or as experience maydemonstrate the necessity. Settled is the rule that the non-

Section 47 of RA No. 8791 is constitutional.

Petitioner’s contention that Section 47 of RA No. 8791violates the constitutional proscription against impairmentof the obligation of contract has no basis.

The purpose of the non-impairment clause of theConstitution is to safeguard the integrity of contractsagainst unwarranted interference by the State. As a rule,contracts should not be tampered with by subsequent lawsthat would change or modify the rights and obligations ofthe parties. Impairment is anything that diminishes theefficacy of the contract. There is an impairment if asubsequent law changes the terms of a contract betweenthe parties, imposes new conditions, dispenses with thoseagreed upon or withdraws remedies for the enforcementof the rights of the parties.

Section 47 did not divest juridical persons of the rightto redeem their foreclosed properties but only modifiedthe time for the exercise of such right by reducing the one-year period originally provided in Act No. 3135. The newredemption period commences from the date of foreclosuresale, and expires upon registration of the certificate of saleor three months after foreclosure, whichever is earlier.There is likewise no retroactive application of the newredemption period because Section 47 exempts from itsoperation those properties foreclosed prior to its effectivityand whose owners shall retain their redemption rightsunder Act No. 3135.

Petitioner’s claim that Section 47 infringes the equalprotection clause as it discriminates mortgagors/propertyowners who are juridical persons is equally bereft of merit.

The equal protection clause is directed principallyagainst undue favor and individual or class privilege. It isnot intended to prohibit legislation which is limited to theobject to which it is directed or by the territory in which itis to operate. It does not require absolute equality, butmerely that all persons be treated alike under like conditionsboth as to privileges conferred and liabilities imposed. Equalprotection permits of reasonable classification. We haveruled that one class may be treated differently from anotherwhere the groupings are based on reasonable and realdistinctions. If classification is germane to the purpose ofthe law, concerns all members of the class, and appliesequally to present and future conditions, the classificationdoes not violate the equal protection guarantee.

Civil Law

(Continued on page 31)


Jurisdiction over the person of defendant; howacquired.

In civil cases, jurisdiction over the person of the defendantmay be acquired either by service of summons or by thedefendant’s voluntary appearance in court and submissionto its authority.

In this case, the MeTC acquired jurisdiction over theperson of respondent Hertz by reason of the latter’svoluntary appearance in court.

In Philippine Commercial International Bank v. SpousesDy, we had occasion to state:

Preliminarily, jurisdiction over the defendant in acivil case is acquired either by the coercive powerof legal processes exerted over his person, or hisvoluntary appearance in court. As a generalproposition, one who seeks an affirmative relief isdeemed to have submitted to the jurisdiction of thecourt. It is by reason of this rule that we have hadoccasion to declare that the filing of motions toadmit answer, for additional time to file answer,for reconsideration of a default judgment, and tolift order of default with motion for reconsideration,is considered voluntary submission to the court’sjurisdiction. This, however, is tempered by theconcept of conditional appearance, such that aparty who makes a special appearance tochallenge, among others, the court’s jurisdictionover his person cannot be considered to havesubmitted to its authority.

Prescinding from the foregoing, it is thus clear that:

(1) Special appearance operates as an exceptionto the general rule on voluntary appearance;

(2) Accordingly, objections to the jurisdiction ofthe court over the person of the defendantmust be explicitly made, i.e., set forth in anunequivocal manner; and

(3) Failure to do so constitutes voluntarysubmission to the jurisdiction of the court,especially in instances where a pleading ormotion seeking affirmative relief is filed andsubmitted to the court for resolution.(emphases supplied)

In this case, the records show that the followingstatement appeared in respondent’s Motion for Leave toFile Answer:

Remedial Law

[I]n spite of the defective service of summons, thedefendant opted to file the instant Answer withCounterclaim with Leave of Court, upon inquiringfrom the office of the clerk of court of this HonorableCourt and due to its notice of hearing on March 29,2005, application for TRO/Preliminary MandatoryInjunction was received on March 26, 2006.(emphasis supplied)

Furthermore, the Answer with Counterclaim filed byHertz never raised the defense of improper service ofsummons. The defenses that it pleaded were limited to litispendentia, pari delicto, performance of its obligations andlack of cause of action. Finally, it even asserted its owncounterclaim against Optima.

Measured against the standards in PhilippineCommercial International Bank, these actions lead to noother conclusion than that Hertz voluntarily appearedbefore the court a quo.

We therefore rule that, by virtue of the voluntaryappearance of respondent Hertz before the MeTC, the trialcourt acquired jurisdiction over respondent’s.

Sereno, CJ, Optima Realty Corporation v. Hertz Phil. Exclusive Cars,Inc., G.R. No. 183035, January 9, 2013.

Interlocutory order; appeal from interlocutory ordernot allowed; remedies against an interlocutory order.

Under Section 1, Rule 41 of the 1997 Revised Rules of CivilProcedure, as amended, appeal from interlocutory ordersis not allowed. Said provision reads:

SECTION 1. Subject of appeal. — An appeal may betaken from a judgment or final order that completelydisposes of the case, or of a particular mattertherein when declared by these Rules to beappealable.

No appeal may be taken from:

(a) An order denying a motion for new trial orreconsideration;

(b) An order denying a petition for relief orany similar motion seeking relief fromjudgment;

(c) An interlocutory order;

(d) An order disallowing or dismissing anappeal;

(e) An order denying a motion to set aside ajudgment by consent, confession orcompromise on the ground of fraud,mistake or duress, or any other groundvitiating consent;

(f) An order of execution;

(g) A judgment or final order for or against


one or more of several parties or inseparate claims, counterclaims, cross-claims and third-party complaints, whilethe main case is pending, unless the courtallows an appeal therefrom; and

(h) An order dismissing an action withoutprejudice;

In all the above instances where thejudgment or final order is not appealable, theaggrieved party may file an appropriate specialcivil action under Rule 65. (emphasis supplied)

The remedy against an interlocutory order not subjectof an appeal is an appropriate special civil action underRule 65 provided that the interlocutory order is renderedwithout or in excess of jurisdiction or with grave abuse ofdiscretion. Having chosen the wrong remedy in questioningthe subject interlocutory orders of the RTC, petitioner’sappeal was correctly dismissed by the CA.

Villarama, Jr., J., Ma. Carminia C. Calderon represented by herAttorney-In-Fact, Marycris V. Baldevia v. Jose Antonio F. Roxas andCourt of Appeals, G.R. No. 185595, January 9, 2013.

Local government officials may properly secure theservices of private counsel.

In Alinsug v. RTC Br. 58, San Carlos City, Negros Occidental,the Court ruled that in instances like the present case wherepersonal liability on the part of local government officials issought, they may properly secure the services of privatecounsel, explaining:

It can happen that a government official, ostensiblyacting in his official capacity and sued in thatcapacity, is later held to have exceeded hisauthority. On the one hand, his defense would havethen been underwritten by the people’s money whichordinarily should have been his personal expense.On the other hand, personal liability can attach tohim without, however, his having had the benefit ofassistance of a counsel of his own choice. In Correav. CFI, the Court held that in the discharge ofgovernmental functions, ‘municipal corporationsare responsible for the acts of its officers, except ifand when, and only to the extent that, they haveacted by authority of the law, and in conformitywith the requirements thereof.

In such instance, this Court has sanctioned therepresentation by private counsel. In one case, Weheld that where rigid adherence to the law onrepresentation of local officials in court actionscould deprive a party of his right to redress for avalid grievance, the hiring of a private counsel

would be proper. And in Albuera v. Torres, this Courtalso said that a provincial governor sued in hisofficial capacity may engage the services of privatecounsel when “the complaint contains otherallegations and a prayer for moral damages, which,if due from the defendants, must be satisfied bythem in their private capacity. (citations omitted)

Consequently Attys. Fandiño and Saulon had theauthority to represent petitioner at the initial stages of thelitigation and this authority continued even up to his appealand the filing of the petition for certiorari with the CArespecting the execution of the RTC judgment. It wastherefore an error for the CA to have dismissed the saidpetition for certiorari on the ground of unauthorizedrepresentation.

Perlas-Bernabe, J., Romeo A. Gontang, in his Official Capacityas Mayor of Gainza, Camarines Sur v. Engr. Cecilia Alayan,G.R. No. 191691, January 16, 2013.

Party’s duty to inform the court of its counsel’s demise.

In Mojar, et al. v. Agro Commercial Security Service Agency,Inc., the Court explained that it is the party’s duty to informthe court of its counsel’s demise, and failure to apprise thecourt of such fact shall be considered negligence on thepart of said party. Expounding further, the Court stated:

x x x It is not the duty of the courts to inquire, duringthe progress of a case, whether the law firm orpartnership representing one of the litigantscontinues to exist lawfully, whether the partnersare still alive, or whether its associates are stillconnected with the firm.

x x x They cannot pass the blame to the court, whichis not tasked to monitor the changes in thecircumstances of the parties and their counsel.

x x x x

In Ampo v. Court of Appeals, this Court explainedthe vigilance that must be exercised by a party:

x x x x

Litigants who are represented by counselshould not expect that all they need to dois sit back, relax and await the outcome oftheir cases. Relief will not be granted to aparty who seeks avoidance from the effectsof the judgment when the loss of theremedy at law was due to his ownnegligence. The circumstances of this caseplainly show that petitioner only hashimself to blame. Neither can he invokedue process. The essence of due processis simply an opportunity to be heard. Dueprocess is satisfied when the parties are

Doctrinal RemindersRemedial Law (continued)


Doctrinal RemindersRemedial Law (continued)

afforded a fair and reasonable opportunityto explain their respective sides of thecontroversy. Where a party, such aspetitioner, was afforded this opportunityto participate but failed to do so, he cannotcomplain of deprivation of due process. Ifsaid opportunity is not availed of, it isdeemed waived or forfeited withoutviolating the constitutional guarantee.

Thus, for failure of petitioner to notify the CA of thedeath of its counsel of record and have said counselsubstituted, then service of the CA Decision at the place orlaw office designated by its counsel of record as his address,is sufficient notice. The case then became final andexecutory when no motion for reconsideration or appealwas filed within the reglementary period therefor.

Peralta, J., O. Ventanilla Enterprises Corporation v. AdelinaS. Tan and Sheriff Reynante G. Velasquez, Presiding Judge,G.R. No. 180325, February 20, 2013.

Inhibition of judges must be for just and valid causes.

In Gochan v. Gochan, the Court elucidated further:

Verily, the second paragraph of Section 1 of Rule137 does not give judges the unfettered discretionto decide whether to desist from hearing a case.The inhibition must be for just and valid causes.The mere imputation of bias or partiality is notenough ground for them to inhibit, especially whenthe charge is without basis. This Court has to beshown acts or conduct clearly indicative ofarbitrariness or prejudice before it can brand themwith the stigma of bias or partiality.

In a string of cases, the Supreme Court has saidthat bias and prejudice, to be considered validreasons for the voluntary inhibition of judges, mustbe proved with clear and convincing evidence. Bareallegations of their partiality will not suffice. Itcannot be presumed, especially if weighed againstthe sacred oaths of office of magistrates, requiringthem to administer justice fairly and equitably–both to the poor and the rich, the weak and thestrong, the lonely and the well-connected.(emphasis and underscoring supplied)

The Court applied the same precept in PagodaPhilippines, Inc. v. Universal Canning, Inc. where the judge’sright to inhibit was weighed against his duty to decide thecase without fear of repression. Indeed, the automaticgranting of a motion for voluntary inhibition would openthe floodgates to a form of forum-shopping, in whichlitigants would be allowed to shop for a judge more (Continued on page 31)

sympathetic to their cause, and would prove antitheticalto the speedy and fair administration of justice.

A judge must decide based on a rational and logicalassessment of the circumstances prevailing in a case broughtbefore him. In the present case, petitioners cite publicrespondent’s affiliation with an alumni association as thesole ground to which they anchor their motion for thevoluntary inhibition of public respondent.

Before the trial court, petitioners alleged that the lawschool ties among public respondent, Ong and his counsel,they having graduated from San Beda College of Law, albeityears apart, spell partiality.

Inhibition is not allowed at every instance that aschoolmate or classmate appears before the judge ascounsel for one of the parties, however. In one case, theCourt ruled that organizational affiliation per se is not aground for inhibition.

Membership in a college fraternity, by itself, doesnot constitute a ground to disqualify aninvestigator, prosecutor or judge from acting onthe case of a respondent who happens to be amember of the same fraternity. A trial Judge,appellate Justice, or member of this Court who isor was a member of a college fraternity, a universityalumni association, a socio-civic association likeJaycees or Rotary, a religion-oriented organizationlike Knights of Columbus or Methodist Men, andvarious other fraternal organizations is notexpected to automatically inhibit himself or herselffrom acting whenever a case involving a memberof his or her group happens to come before him orher for action.

A member in good standing of any reputableorganization is expected all the more to maintainthe highest standards of probity, integrity, andhonor and to faithfully comply with the ethics ofthe legal profession. (underscoring supplied)

The added fact that the law school’s alumni associationpublished statements in support of Ong’s application cannotlend credence to the imputation of bias on the part of pubicrespondent. No clear and convincing evidence was shownto indicate that public respondent actively sponsored andparticipated in the adoption and publication of the alumniassociation’s stand. It is inconceivable to suppose that thealumni association’s statement obliged all its members toearnestly embrace the manifesto as a matter of creed.

Arbitrariness cannot be inferred either from the factthat public respondent resolved the motion for voluntaryinhibition one day after it was filed. Since the personal


TO: ALL JUSTICES OF THE COURT OF APPEALS,SANDIGANBAYAN AND COURT OF TAX APPEALS, JUDGESOF THE TRIAL COURTS, THE INVESTIGATING OFFICERSAND BODIES AUTHORIZED BY THE SUPREME COURT TORECEIVE EVIDENCE, INCLUDING THE INTEGRATED BAROF THE PHILIPPINES AND ARBITERS OF SPECIAL COURTSAND QUASI-JUDICIAL BODIES WHOSE RULES OFPROCEDURE ARE SUBJECT TO DISAPPROVAL OF THESUPREME COURT, INSOFAR AS THEIR EXISTING RULESOF PROCEDURES CONTRAVENE THE PROVISIONS OF THISRULE

SUBJECT: MODIFICATION OF THE PUBLIC PROSECUTORS’COMPLIANCE WITH THE PROVISIONS ON THE JUDICIALAFFIDAVIT RULE

On January 8, 2013 the Supreme Court En Banc issued aResolution modifying the public prosecutors’ compliancewith the provisions set forth on the Judicial Affidavit Rulefor a period of one year, from January 1 to December 31,2013, quoted hereunder as follows:

A.M. No. 12-8-8-SC (Judicial Affidavit Rule) — Actingon the petition of the Prosecutors’ League of thePhilippines dated December 12, 2012 for thedeferment of the effectivity of the Judicial AffidavitRule insofar as the prosecution of criminal casesis concerned, the Court resolves not to defer theeffectivity of the Rule in such cases but instead tomodify the public prosecutors’ compliance withits provisions for a period of one year, from January1 to December 31, 2013, as follows:

1. The public prosecutors shall use, for thepurpose of complying with the JudicialAffidavit Rule in the first and second levelcourts during the one-year period, the swornstatements that the complainant and his orher witnesses submit during the initiation ofthe criminal action before the office of thepublic prosecutor or directly before the trialcourt. In such cases, the attending publicprosecutor shall, when presenting the witness,require him or her to affirm the truth of whatthe sworn statement contains and ask thewitness only those additional directexamination questions that have not beenamply covered by the sworn statement.

2. The one-year modified compliance heregranted shall not apply where the complainantis represented by private prosecutor dulyempowered in accordance with the Rules ofCourt to appear in court and prosecute the

Administrative Order No. 27-2013

WHEREAS, under Section 4 of A.M. No. 03-11-16-SC (2),the Chief Justice shall be the Ex Officio Chairman of theJBC;

WHEREAS, under the same section, the Ex Officio Chairmanshall exercise, among others, decision-making authorityover all operational matters, and may delegate suchauthority to lower level management personnel.

WHEREAS, under Section 4(a) of A.M. No. 03-11-16-SC (2),the Ex Officio Chairman shall exercise overall administrativeauthority in the execution of the JBC’s mandate;

WHEREAS, under Section 4(d) of A.M. No. 03-11-16-SC (2),the Ex Officio Chairman may delegate authority for theperformance of any operational functions to officials andemployees of the Council in accordance with existing lawsand rules and resolutions of the Council En Banc;

WHEREAS, under Section 6, the JBC Executive Officer isdirectly under the supervision of the Ex Officio Chairman;

WHEREAS, under Section 6(a) of A.M. No. 03-11-16-SC (2),the JBC Executive Officer shall assist the Ex Officio Chairmanin providing direct executive supervision over theoperations of the various offices and personnel;

WHEREAS, under Section 8 of A.M. No. 03-11-16-SC (2),the heads of the operating units or officers of the JBC shallreport directly to and are under the administrativesupervision of the JBC Executive Officer;

WHEREAS, in a Memorandum from Regular Membersdated January 2, 201 3, it was proposed that certain officesof the JBC be under the direct supervision of the RegularMembers;

NOW, THEREFORE, the following Regular Members shallassist the Ex Officio Chairman in the supervision of thefollowing offices in accordance with and to the extent notinconsistent with A.M. No. 03-11-16-SC (2) and pertinentlaws, rules and regulations:

Office of the Justice Regino C. Hermosisima, Jr.Executive Officer

Office of Recruitment, Justice Aurora Santiago-LagmanSelection, and Nomination

Office of Administrative Atty. Jose V. Mejiaand Financial Services

Office of Policy Development Atty. Maria Milagros N.and Research Fernan-Cayosa

February 1, 2013.

(Sgd.) MARIA LOURDES P. A. SERENO Chief Justice

OCA Circular No. 05-2013


case. The private prosecutor shall be chargedin the applicable cases with the duty to preparethe required judicial affidavits of thecomplainant and his or her witnesses andcause the service of copies of the same uponthe accused.

3. The Court expects the public prosecutors inboth first and second level courts to take stepsduring the one-year modified complianceperiod (i) to seek the needed augmentation oftheir ranks; and (ii) to develop methods andsystems that would enable them to fully complywith the requirements of the Judicial AffidavitRule when the modified compliance periodends. The Court notes that 80 percent of thebacklog in the first and second level courtsinvolve criminal cases, and that delays inthose cases are caused mainly by lack ofprosecutors, absence of the prosecutionwitnesses, and lack of PAO lawyers.

4. The judicial affidavit rule shall remain in fullforce and effect in all other cases andsituations not covered by this resolution.

This resolution shall take effect immediately(underscoring supplied).

Any prior circular from the Office of the CourtAdministrator on this matter which is contrary to theforegoing is hereby superseded.

For your information, guidance and strict compliance.

January 10, 2013.

(Sgd.) JOSE MIDAS P. MARQUEZCourt Administrator

TO: ALL JUDGES AND COURT PERSONNEL OF THE LOWERCOURTS

SUBJECT: TIMELY SUBMISSION OF CERTIFICATES OFSERVICE OF JUDGES AND DAILY TIME RECORDS (DTRs)/BUNDY CARDS OF PERSONNEL OF THE LOWER COURTS

All judges and personnel of the lower courts are herebyENJOINED to strictly observe the following guidelines inthe submission of the Certificates of Service of judges andDaily Time Records (DTRs) / Bundy Cards of personnel ofthe lower courts, viz:

1. After the end of each month, every personnel of thelower courts shall accomplish the DTRs (Civil ServiceForm No. 48)/Bundy Cards, indicating therein truthfully

OCA Circular No. 05-2013 (continued)


and accurately the time of arrival in and departurefrom the office. The judges shall accomplish a Certificateof Service;

2. DTRs/ Bundy Cards shall be certified correct by theconcerned employee and verified by the ExecutiveJudge (for those in the Office of the Clerk of Court) orthe Presiding Judge (for those in the court branches) orthe Clerk of Court, as delegated by the ExecutiveJudge/ Presiding Judge in writing.

3. Every Clerk of Court in the Office of the Clerk of Court(OCC) and in the respective branches shall:

3.1 maintain a registry book of attendance (logbook)in which all officials and employees of that courtmust log in chronologically by signing and indicatingtherein their time of arrival in and departure fromthe office;

3.2 check the accuracy of the entries in the DTRs/Bundy Cards by comparing them with the entriesin the logbook and ensuring that the timeappearing in the DTRs/Bundy Cards tallies withthe time recorded in the logbook; and,

3.3. prepare a Monthly Report on Absences, Tardinessand Undertime.

4. If there are entries in the DTRs/Bundy Cards which theExecutive Judge, Presiding Judge, or the Clerk of Courtfinds questionable even after comparing them withthe entries in the logbook, the subject DTRs/BundyCard shall still be signed to confirm the entries whichare not in question, with a notation “with reservation”beside the signature. Insofar as the questionableentries are concerned, the Executive Judge, PresidingJudge, or the Clerk of Court shall attach to the subjectDTRs/Bundy Cards a letter informing the Office of theCourt Administrator (OCA), through the Office ofAdministrative Services (OAS), of the particular datesof the entries in question and the basis or reason/stherefor so that appropriate action can be taken onthe matter.

5. The Clerk of Court in the OCC and in the respectivebranches shall thereafter forward, within the first fivedays after the end of each month, the Certificates ofService and DTRs/Bundy Cards, together with theproperly accomplished application/s for leave (CivilService Form No.6), if applicable, of all employees inthe office/branch, and the Monthly Report onAbsences, Tardiness and Undertime in one batch, tothe:

Employees’ Leave DivisionOffice of Administrative ServicesOffice of the Court AdministratorSupreme Court 1000 Manila

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6. To avoid overpayment, the salaries and benefits ofjudges and personnel of the lower courts whoseCertificates of Service and DTRs/Bundy Cards,respectively, are not received by the Employees’ LeaveDivision (ELD), OAS, OCA, within the next twosucceeding months shall be withheld without priornotice beginning March 2013. All Certificates of Serviceand DTRs/Bundy Cards and leave applications of theprevious months which have not yet been submitted tothe ELD, OAS, OCA, must be received by the said officeon or before March 29, 2013.

7. The term Daily Time Record shall include the computerprint-out of the attendance record of those using thebiometric time clock.

8. Those whose salaries and benefits have been withheldfor two consecutive months or at least twice within aperiod of six months shall be required to explain inwriting their failure to comply with the foregoingdirectives and their explanation shall be referred tothe Legal Office, OCA for appropriate disciplinary action.

This Circular shall serve as notice to all concerned.

All prior circulars, orders, and other issuancesinconsistent with this OCA circular are hereby revoked.

For immediate compliance.

January 16, 2013.

(Sgd.) JOSE MIDAS P. MARQUEZ Court Administrator

TO: ALL JUDGES AND COURT PERSONNEL OF THE FIRSTAND SECOND LEVEL COURTS

SUBJECT: REITERATING SECURITY PROTOCOL FOR THEFIRST AND SECOND LEVEL COURTS

In the wake of the recent shooting incident that occurredin the Palace of Justice, Cebu City, Memorandum Order No.42-2007 providing for an interim security protocol for thefirst and second level courts, is hereby REITERATED. Thepertinent provisions of Memorandum Order No. 42-2007are as follows:

WHEREAS, members of the judiciary especially thejudges of the first and second level courts arecontinuously exposed to violent attacks from would-be assassins and there are no existing securityprotocols for the safety of the judges and other courtemployees;

WHEREAS, the Committee on Security for the Judiciaryx x x has resolved to provide the judges of the firstand second level courts with an interim securityprotocol to improve security and safety measuresinside the courtrooms and halls of justice (HOJ);

NOW THEREFORE, pending the issuance ofcomprehensive security protocol for the lowercourts and in the interest of the service, the followinginterim measures are hereby adopted and shall beimmediately implemented:

1. All court employees are required to wear andprominently display their identification cards(lD) at all times while on official duty. Onlyjudges are exempted from wearing ID.

2. All law enforcement officers on officialbusiness should wear and display their officialIDs while inside the HOJs and building whichhouse courtrooms.

3. During hearings, the court shall coordinatewith the appropriate agency which has custodyof detention prisoners, (e.g., Bureau of JailManagement and Penology, Philippine NationalPolice, National Bureau of Investigation, etc.)on the trial calendar and schedule of criminalcases involving these detention prisoners.

4. During trials of detention prisoners, theExecutive Judge (EJ) shall request the PNP toassign or detail at least two uniformedpolicemen to secure and patrol the hallways ofthe HOJs and court houses and their premises.

5. Where applicable, the HOJ shall only have oneentry and exit point for visitors.

6. The EJs shall secure a holding area in the HOJsor in the court house where detention prisonersshall be temporarily detained while awaitingtrial. When no holding area is available, thedetention prisoners shall be detained in thebus, van, or vehicle that they used as transport,or any secure place outside the HOJs or courthouses. The detention prisoners shall bebrought to the courtroom only when their casesare heard.

7. Before leaving the holding area or temporarydetention area, the custodians shall conduct athorough body frisking of detention prisonersto ensure that they have no concealed weaponon them.

8. While in the court ’s premises, detentionprisoners shall always be handcuffed, unlessthe Presiding Judge (PJ) directs otherwise.

9. In HOJs, EJs shall ensure that the court securitypersonnel (CSP) keep a logbook of the name,address, purpose of visit and signature ofguests who enter the premises. All visitorsincluding law enforcement officers shall be




required to log-in before allowed entry. Allvisitors are required to present adequateidentification documents which they shallleave with the CSP in exchange for a court ID tobe worn at all times while inside the HOJ.

10. For courts not in the HOJs, the sheriff, processserver, or other staff member shall be assignedby the PJ to provide security inside thecourtroom.

11. All persons who wish to enter the courtroomshall be subjected to body frisking by thecourt’s sheriff, process server, or other courtpersonnel, before entry. A female guest shallbe frisked only by a female court employee. Inaddition, all bags and other things broughtinside the room shall be thoroughly inspected.

12. All firearms and objects which may be used asweapons, except those belonging to lawenforcement officers who are on officialbusiness, shall be deposited with the guard-on-duty of the HOJs, or with the sheriff or inthe latter’s absence, the Branch Clerk of Court,for courts not found in the HOJs.

13. Any illegal weapon or article, under theRevised Penal Code or existing laws, shall beconfiscated and surrendered to the policeofficers assigned to patrol the hallways. In theirabsence, these things shall be surrendered tothe nearest police station.

14. Where applicable, the PJ shall specify an areain the courtroom for detention prisoners. Noone, except lawyers, shall be allowed to talkto or go near the detention prisoners.

15. The PJ shall place the witness stand at leastone and a half meters (1 ½ m) away from hisseat. When the prisoner is on the witnessstand, the custodian shall stand between thejudge and the prisoner.

16. The PJ shall assign the Sheriff, Process Server,or other court employee to be present duringcourt hearings for orderly and safeproceedings in the courtroom.

17. Finally, PJs whose lives are endangered orthreatened, shall immediately inform any ofthe following officials:

Hon. Jose Midas P. MarquezCourt AdministratorOffice of the Court AdministratorG/F, Old Supreme Court BuildingSupreme CourtTaft Avenue corner Padre Faura StreetErmita, Manila

Attention: Atty. Leah M. EnriquezTelephone Nos.Office: 5257143Mobile: 0917 8278872Fax No.: 5232315E-mail Address: [email protected]. Nonnatus Ceasar R. RojasDirectorNational Bureau of InvestigationTaft Avenue, Ermita, ManilaAttention: Atty. Reynaldo O. EsmeraldaDeputy DirectorTelephone Nos.Office: 5238231/5246232E-mail Address: [email protected]

This order shall take effect immediately upon its signing.

January 24, 2013.


TO: ALL JUDGES AND CLERKS OF COURT OF MULTI-SALAREGIONAL TRIAL COURTS OUTSIDE THE NATIONALCAPITAL JUDICIAL REGION AND MUNICIPAL TRIAL COURTSIN CITIES IN ALL JUDICIAL REGIONS

SUBJECT: GUIDELINES IN THE IMPLEMENTATION OF THEAUTOMATED PAYROLL SYSTEM IN THE MULTI-SALAREGIONAL TRIAL COURTS OUTSIDE THE NATIONALCAPITAL JUDICIAL REGION AND THE MUNICIPAL TRIALCOURTS IN CITIES IN ALL JUDICIAL REGIONS

Pursuant to the existing Memorandum of Agreement(MOA) between the Supreme Court and the Landbank ofthe Philippines (LBP) dated October 25, 2006, whichbecame the basis for the Automated Payroll System (APS)in the Supreme Court and in the trial courts in the NationalCapital Judicial Region, and in view of the objective toautomate the payroll system in the entire Judiciary, thefollowing guidelines shall be observed in theimplementation of the APS in the Multi-Sala Regional TrialCourts outside the National Capital Judicial Region and theMunicipal Trial Courts in Cities in all Judicial Regions:

1. All judges and court personnel shall open theirrespective ATM Payroll Savings Accounts with thebranch of the LBP nearest their official station.Executive Judges and Clerks of Court shall coordinatewith the LBP Branch Manager as to the opening of theindividual ATM Payroll Savings Account of judges andcourt personnel.


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2. The requirements for the opening of an individual ATMPayroll Savings Account are as follows:

a. A duly accomplished application form andspecimen card by the judge and courtpersonnel properly authenticated by theExecutive Judge;

b. Photocopies of two valid identification cardswhich include the Supreme Court ID; and

c. 1 x 1 recent ID picture.

3. After the opening of the accounts of the judges andcourt personnel, the Clerks of Court shall submit thelist of the ATM Account Numbers with the photocopiesof the ATM cards to the Office of AdministrativeServices (OAS), Office of the Court Administrator (OCA).Thereafter, the OAS-OCA shall submit the list to theLBP-SC Extension Office for validation before inclusionof the names of judges and court personnel in the APSMasterlist Payroll.

4. The APS shall cover the releases for the payment ofsalaries, regular allowances as authorized by theGeneral Appropriations Act (GAA) as well as allowancesand other fringe benefits, if any, as may be authorizedby the Chief Justice.

5. The ATM Payroll Savings Account shall be subject tothe initial opening and maintaining balance of P100,and a minimum balance requirement of P500 to earninterest. Judges and court personnel shall have theoption to open a current account with ATM access,with a maintaining balance of P5,000.

6. Inquiry on individual bank balances and statements ofaccount can be effected through enrollment in the I-Access facility of the LBP for savings account and currentaccount. Inquiries can likewise be made through theLBP Phone Banking Facility.

7. The ATM Payroll Savings Account shall be subject toservice charges imposed by the Expressnet/Megalink/BancNet member banks on the usage of their ATMs orthose that may be imposed in the future.

8. The Clerk of Court is hereby held accountable toimmediately report to the OAS-OCA, copy furnishedthe Financial Management Office (FMO), OCA, and theLBP branch where the accounts were opened, thenames of judges and court personnel who have ceasedtheir services in the court due, but not limited, toresignation, retirement, death, transfer, long orunauthorized leave of absence. After receipt of thenotice from the clerks of court, the names of the judgesor court personnel shall forthwith be excluded from

the payroll with notice to the LBP for the terminationof the accounts.

9. Release of salaries and allowances which werepreviously directed to be withheld shall only be creditedone month after receipt of the notice of release.

10. Non-crediting of salaries and allowances which aredirected to be withheld shall only be for a period of sixmonths. Thereafter, the name of the judge or courtpersonnel shall already be excluded from the payroll.

11. The payroll credit dates are as follows:

Regular Salaries – every 12th and 27th of themonth

RATA – on or before the 7th workingday of every month

EME – on or before the 7th day ofthe following month

Regular Allowances – as may be authorized by theas may be provided Chief Justicefor by the GAA

Other allowances – as may be authorized by theand fringe benefit, Chief Justiceif any

However, the payroll credit dates of the regularsalaries and allowances provided for under the GAAshall strictly be subject to the release of cash allocationfrom the national government. If the payroll creditdate falls on a Saturday, Sunday or holiday, creditingshall be on the Friday or the day before the holiday.

12. All judges and court personnel are directed to timelysubmit to the OAS-OCA their Certificates of Services/Daily Time Records to avoid withholding of salaries andregular allowances.

13. Newly appointed judges and court personnel shallindividually open their ATM Payroll Savings Accountwith the LBP Branch nearest their official station.Thereafter, they shall submit to OAS-OCA, thephotocopies of their ATM cards for validation and forinclusion in the APS payroll.

14. The List of ATM Account Numbers and the photocopyof the ATM cards shall be submitted to the OAS-OCAon or before the last working day of March 2013.Concerned judges and court personnel shall beinformed accordingly on the commencement of theAPS. Thereafter, no checks for payment of the regularsalaries and other allowances shall be released.

For strict compliance.

February 8, 2013.



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TO: ALL LOWER COURT JUDGES, CLERKS OF COURT, ANDLIBRARIANS

SUBJECT: GUIDELINES ON THE USE OF MOBILEBROADBAND STICKS AND OFFICIAL EMAIL

WHEREAS, there is a need for all lower courts to accessthe Supreme Court website which contains the latestjurisprudence, Court issuances and latest news about thecourts, and which is also a portal for, among others, theOffice of the Court Administrator (OCA) website, thePhilippine Judicial Academy (PHILJA) website, the Judicialand Bar Council (JBC) website, the Supreme Court e-Library,and the Judiciary Webmail;

WHEREAS, to access the Supreme Court website, all courtsmust have internet connection;

WHEREAS, the Supreme Court, after the required bidding,purchased PLDT mobile broadband sticks for the use of thelower courts;

WHEREAS, these mobile broadband sticks are designed tomeet the needs of lower courts for internet connection toaccess the Supreme Court website;

WHEREAS, there is a need to maximize the use of saidmobile broadband sticks;

THEREFORE, to maximize the use of said PLDT mobilebroadband sticks, the following guidelines shall be observed;

1. The mobile broadband stick package is issued by theSupreme Court for the official use only of the Judges,Clerks of Court, personnel, and librarians of lowercourts throughout the country;

2. It shall be used for, but not limited to research,accessing the Supreme Court website, the OCAwebsite, the PHILJA website, the JBC website, theSupreme Court e-Library, the Judiciary Webmail, thetransmission of monthly reports, and other officialcorrespondence;

3. The mobile broadband stick package must be directlyreceived from the PLDT by the person it is intended forin accordance with the list provided by the SupremeCourt. In the event that the recipient is not availableto receive the mobile broadband package, it will bedelivered to the Clerk of Court and the intendedrecipient must claim it from said Clerk of Court;

4. The mobile broadband stick package contains thefollowing:

a. One mobile broadband stick;b. One USB connector cable;c. One SIM card package;d. One quick-start guide;

OCA Circular No. 24-20135. Also included in the mobile broadband stick package

are the following documents:

a. Memorandum of Dispatch which must bestored for future reference;

b. Memorandum Receipt in four copies: onecopy to be retained, while the other threecopies to be received, signed, and returned;

c. Endorsement of Property Form in two copies:one copy to be retained, while the other copyto be received, signed, and returned;

6. The quick-start guide provided in the mobile broadbandstick package contains the necessary steps to beginusing the mobile broadband stick;

7. For official email correspondence, Judges, Clerks ofCourt, and librarians must activate their individualJudiciary Webmail accounts which the ManagementInformation Systems Office of the Supreme Court hascreated;

8. The Judiciary Webmail may be accessed by typinghttps://webmail.judiciary.gov.ph into the web browser,and by subsequently entering the username andpassword, and by selecting the server (see Figure 1);

Figure 1

9. The username shall be comprised of the following:initial of first name, initial of middle name, andsurname (e.g., if full name is Jose Protacio Rizal,then the username shall be jprizal);

10. The password shall be comprised of the eight-digitemployee number, and date of birth. Months shallbe in the standard three-letter abbreviation (e.g.,if date of birth is June 19, 1861, password shall be1234567819jun61);

11. The server selected shall be lower court;

12. The complete Judiciary Webmail address shall becomprised of the username followed by thed o m a i n , @ l c . j u d i c i a r y . g o v . p h ( e . g . ,[email protected]);



13. For confidentiality and exclusivity, the JudiciaryWebmail password must be changed immediately uponthe first login. This may be done by clicking on Settingson the upper right hand corner (see Figure 2), andthen by clicking on password on the left pane (seeFigure 3). Once a new password is entered twice it isconfirmed by clicking on save. The new password willtake effect on the succeeding login;

Figure 2

Figure 3

14. Once the password has been changed, the JudiciaryWebmail administrator will no longer be able torecover such password;

15. Upon completion of the above mentioned steps, themobile broadband stick and Judiciary Webmail areready for use;

16. The SIM card package must be stored properly forfuture reference of pertinent account numbers;

17. For any technical concerns regarding the PLDT mobilebroadband stick that may not be addressed by thequick-start guide, users may call 177 toll free, and mustbe ready to provide the unit’s MIN# indicated on theSIM package;

18. For any technical concerns regarding JudiciaryWebmail, users may [email protected];

This circular shall take effect immediately.

February 13, 2013.(Sgd.) JOSE MIDAS P. MARQUEZ

Court Administrator

TO: ALL JUDGES OF THE REGIONAL TRIAL COURTS,SHARI’A DISTRICT COURTS, METROPOLITAN TRIALCOURTS; MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPALTRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS ANDSHARI’A CIRCUIT COURTS

SUBJECT: ISSUANCE OF MITTIMUS OR COMMITMENTORDER, OTHER DOCUMENTS NEEDED FOR THE TRANSFEROF INSULAR PRISONERS FROM THE BUREAU OF JAILMANAGEMENT AND PENOLOGY TO THE NEW BILIBIDPRISON OF THE BUREAU OF CORRECTIONS INCOMPLIANCE WITH OCA CIRCULAR NO. 4-92-A

The Bureau of Jail Management and Penology (BJMP)through its Jail Chief Superintendent and Officer in Charge,Mr. Diony D. Mamaril CES(E), has invited the attention ofthis Court regarding the non-issuance of mittimus orcommitment order, and the non-submission of the sameand other documents consisting of decision, certificate ofnon-appeal or notice of appeal, certificate of non-pendingcase, certificate of detention and detainee’s manifestationof some trial courts to the BJMP. This is in connection withthe BJMP’s accumulated 700 more or less insular prisonersnationwide, whose transfer to the New Bilibid Prison of theBureau of Corrections (BuCor) is still pending due to non-compliance of said requirements.

In view thereof, and in order for the BJMP to adhere tothe BuCor’s policy of not accepting convicts for service ofsentence without the aforesaid complete documents, andultimately to decongest the provincial, city and municipaljails nationwide, all trial judges concerned are herebyDIRECTED to STRICTLY COMPLY with OCA Circular No.4-92-A and ISSUE the corresponding mittimus orcommitment order of national prisoners immediately aftertheir conviction, and SUBMIT the same, together with thenecessary documents in support thereof, such as thedecision, certificate of non-appeal or notice of appeal,certificate of non-pending case, certificate of detentionand detainee’s manifestation, as cited above, to thenearest BJMP within their respective adjudicativeterritorial jurisdiction, so that they may be remitted ortransferred to the New Bilibid Prison of the BuCor.

Strict compliance is hereby enjoined.

March 13, 2013.




TO: ALL REGIONAL TRIAL COURT JUDGES

SUBJECT: BOARD REGULATION NO. 3, SERIES OF 2008(AMENDING BOARD REGULATION NO. 1, SERIES OF 2007ENTITLED “GUIDELINES ON THE DISPOSITION OFCONFISCATED, SEIZED AND/OR SURRENDEREDDANGEROUS DRUGS, PLANT SOURCES OF DANGEROUSDRUGS, CONTROLLED PRECURSORS AND ESSENTIALCHEMICALS, INSTRUMENTSIPARAPHERNALIA, AND/ORLABORATORY EQUIPMENT IN CONNECTION WITHCASES UNDER INVESTIGATION, PRELIMINARYINVESTIGATION OR REINVESTIGATION”)

Pursuant to Section 21 of Republic Act No. 9165, otherwiseknown as “The Comprehensive Dangerous Drugs Act of2002,” the Dangerous Drugs Board issued Board RegulationNo. 3, Series of 2008, amending the Board Regulation No.1,Series of 2007, entitled “Guidelines on the Disposition ofConfiscated, Seized and/or Surrendered Dangerous Drugs,Plant Sources of Dangerous Drugs, Controlled Precursorsand Essential Chemicals, Instruments/Paraphernalia, and/or Laboratory Equipment in connection with Cases underInvestigation, Preliminary Investigation orReinvestigation.”

The copy of the said Board Regulation No. 3, Series of2008 is appended herein as “Annex A” for your easyreference and guidance.

For strict compliance.

March 13, 2013.


Annex “A”

DANGEROUS DRUGS BOARDBOARD REGULATION NO. 3

Series of 2008

SUBJECT: AMENDING BOARD REGULATION NO. 1, SERIESOF 2007 ENTITLED “GUIDELINES ON THEDISPOSITION OF CONFISCATED, SEIZED AND/ORSURRENDERED DANGEROUS DRUGS, PLANTSOURCES OF DANGEROUS DRUGS, CONTROLLEDPRECURSORS AND ESSENTIAL CHEMICALS,INSTRUMENTS/PARAPHERNALIA, AND/ORLABORATORY EQUIPMENT IN CONNECTIONWITH CASES UNDER INVESTIGATION,PRELIMINARY INVESTIGATION ORREINVESTIGATION

WHEREAS, Section 3 of Dangerous Drugs Board (DDB)Regulation No. 1, Series of 2007, provides the procedure forthe disposal of the Confiscated, Seized and/or Surrendered

OCA Circular No. 41-2013Dangerous Drugs, Controlled Precursors and EssentialChemicals, InstrumentsIParaphernalia and/or LaboratoryEquipment in connection with cases under investigation,preliminary investigation or reinvestigation;

WHEREAS, several queries from PDEA and other lawenforcers were received asking to clarify the issue of whothe proper prosecutors that will sign the petition fordestruction of seized drug-related pieces of evidence in casethe search warrant was issued by a Court from other judicialjurisdiction;

WHEREAS, there is a need to amend Section 3 para. (a) ofBoard Regulation No. 1, Series of 2007, to clarify anddesignate the concerned prosecutor that will confirm or signthe conformity in the Petition for Destruction of Confiscated/Seized or Surrendered drug-related evidence;

WHEREFORE, be it RESOLVED, as it is hereby RESOLVED, toamend the DDB Regulation No 1, Series of 2007 as hereinprovided:

SEC. 3. Disposal of Seized Dangerous Drugs,Controlled Precursors and Essential Chemicals,Instruments/Paraphernalia, and/or LaboratoryEquipment. – Dangerous drugs, controlled precursorsand essential chemicals, instruments/paraphernalia,and/or laboratory equipment confiscated, seized and/or surrendered and covered by this Regulation shallbe disposed of as follows:

a. Upon the receipt of the final certification ofthe forensic laboratory examination resultsissued by the government forensic laboratory,pursuant to Section 21 of RA No. 9165 andSection 4 of Board Regulation No. 1, Series of2002, the PDEA may file a petition for theimmediate destruction of the confiscated,seized and/or surrendered dangerous drugs,plant sources of dangerous drugs, controlledprecursors and essential chemicals,instruments/paraphernalia and/or laboratoryequipment with the Regional Trial Courtpresided over by the Executive Judge of theprovince or city where the confiscation/seizureand/or surrender took place. If theconfiscation, seizure or surrender was by virtueof a search warrant, the appropriate motionshall be filed with the prior written conformityof the Provincial or City Prosecutor “OF THEPROVINCE OR CITY, AS THE CASE MAY BE, WHERETHE CONFISCATION/SEIZURE and/orSURRENDER TOOK PLACE OR THE CHIEF STATEPROSECUTOR OR HIS DULY DESIGNATEDREPRESENTATIVE” which shall be indicated inthe pleading. The trial court where the criminalcase is subsequently filed shall take judicialnotice of the proceedings thereof.”

x x x x

This Regulation shall take effect 15 days afterits publication in two newspapers of generalcirculation and after its registration with the Officeof the National Administrative Register (ONAR), UP

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Law Center, Quezon City.

APPROVED and ADOPTED this 2nd of October,in the year of Our Lord, 2008 in Quezon City.

(Sgd.) Secretary VICENTE C. SOTTO IIIChairman, Dangerous Drugs Board

Attested by:

(Sgd.) Undersecretary EDGAR C. GALVANTESecretary of the Board

TO: ALL JUDGES AND COURT PERSONNEL

SUBJECT: AMENDMENT OF OCA CIRCULAR NO. 74-2010 –GUIDELINES IN THE SUBMISSION OF APPLICATIONS FORAPPOINTMENT IN THE LOWER COURTS

To expedite the processing and filling of vacant positions,Item Nos. 2, 3, 4, and 5 of OCA Circular No. 74-2010, datedMay 21, 2010, are hereby amended to read as follows:

2. The notice of vacancy shall be posted in threeconspicuous places in the court’s premises andin other public places for at least 10 calendardays. It shall include the qualificationstandards for the position and the checklist ofrequirements prepared by the OAS-OCA,necessary for the evaluation of the application.Within one month from the expiration of the10 day period for posting, the applicant/s shallsubmit the requirements to the judge wherethe vacancy exists.

3. All applications, together with the completeor incomplete requirements received by theExecutive Judge/Presiding Judge, shall beindorsed to the OAS-OCA within 10 days afterthe lapse of one month from the expiration ofthe 10-day period of posting. The indorsementshall be accompanied by a certification, underoath, by the Executive Judge/Presiding Judgethat the list submitted contains the name/s ofall applicant/s who applied for the position.

The date of mailing shall be thedetermining factor to consider whether theindorsement was sent after the one-monthperiod. For application/s personally filedbefore the OAS-OCA, the date of receipt by theOAS-OCA is the controlling factor.

4. All application/s directly filed with the OAS-OCA personally or sent through mail withinthe one-month period, shall be referred to theExecutive Judge or Presiding Judge for commentand/or appropriate action within five daysfrom receipt of the application/s. The Executive

Judge/Presiding Judge shall provide theapplicant/s with a checklist of requirementsto be submitted to the OAS-OCA after the sameperiod of one month following the expirationof the 10-day period for posting. Thereafter,the OAS-OCA shall evaluate all the applicationsand shall submit the list to the Selection andPromotion Board-Lower Courts (SPB-LC) within15 days. Those with incomplete form or lackingrequirement/s shall be included in the list tobe submitted to the SPB-LC with a notation asto the lacking form or requirement/s. If afterassessment of competence and qualificationof candidates, the applicant found by the SPB-LC to be the most qualified for the positionapplied for has incomplete form and/or lackingrequirement/s, the SPB-LC shall require the saidapplicant to accomplish the incomplete formand/or to submit the lacking requirement/s.

5. All application/s received from the OAS-OCAor personally filed with the Executive Judge/Presiding Judge after the aforesaid one-monthperiod may still be endorsed by the ExecutiveJudge/Presiding Judge to the OAS-OCA forsubmission to the SPB-LC. The name/s of theaforesaid applicant/s shall be included in thelist of candidate/s as long as the resolutioncontaining the list of candidate/s has not yetbeen submitted to the Court by the SPB-LC. Anotation that the aforesaid application/s was/were submitted after the one-month periodshall be indicated.

Before transmitting the documentaryrequirements of the applicant/s to the OAS-OCA, the Executive Judge/Presiding Judge,through the Clerk of Court, should make surethat all the documents provided in the checklistof requirements have been properlyaccomplished and submitted by applicant/s.Documents which require the signature of thePresiding Judge/Executive Judge and/or theClerk of Court must be duly signed by saidofficials. Those documents which will not besigned by them shall be included in the list oflacking requiremens of the applicant/s. Refusalby the concerned official to sign the documentwill not, however, cause the disqualificationof the applicant/s concerned. On a case to casebasis, his/her application will still be givendue course after notice to the OAS-OCA of suchrefusal to sign.

For the information and guidance of all concerned. Thiscircular shall take effect immediately.

Issued this 18th day of March 2013.




20 13 Upc oming PHILJA Even t s20 13 Upc oming PHILJA Even t s20 13 Upc oming PHILJA Even t s20 13 Upc oming PHILJA Even t s20 13 Upc oming PHILJA Even t s(Continued from page 32)

JCEP for RTC JudgesRegion VII, April 24-26, Tagaytay CityRegion XII, May 15-17, Tagaytay CityRegion II, June 19-21, Tagaytay City

Increasing Judicial Efficiency: Seminar-Workshop for Judgeson the Effective Use of the Benchbook for Philippine TrialCourts (Revised and Expanded)Regions IV and V, Batch 2, April 25, Naga CityRegion III, Batch 2, June 14, Pampanga

Seminar-Workshop on Dangerous Drugs Law for Judges,Prosecutors and Law EnforcersRegion III, May 6–8, Angeles City

Judicial Settlement Conference for Judges on JDR(Skills-Based Course)May 7–10, Tagaytay City

Seminar for Executive Judges(RTC Single Sala Judges of Mindanao)May 8–9, Davao City

Career Development Program for Court Legal ResearchersRegion I, May 22–23, Baguio City

1st Orientation Seminar-Workshop for Newly AppointedSheriffs and Process ServersMay 22–24, Tagaytay City

Regional Stakeholders Dialogue on the Revision of theRules of Civil ProcedureVisayas, May 28, Cebu CityMindanao, May 31, Davao CityLuzon, June 3, Makati City

Internship Mediation Trainees (Bohol)May-June, Tagbilaran City

Orientation Conference with Stakeholders on CAMAlbay Mediation Program, June 5, Legaspi CitySorsogon Mediation Program, June 6, Sorsogon City

Launch and Video Conferencing of Global Distance LearningCenter (GDLC)June 13, Tagaytay City

PHILJA Founding Chancellor Emeritus Justice Ameurfina A.Melencio Herrera Award for the 2013 Most OutstandingProfessorial Lecturer Justice Hilarion L. AquinoTopic: Revisiting Legal and Judicial Ethics: Challenges andPerspectivesJune 13, Tagaytay City

30th Pre-Judicature ProgramJune 17–28, Manila

Presentation of the First Draft of the Proposed Revisions on theRules of Civil ProcedureJune 18, Manila

Seminar of Election Laws for RTC JudgesJune 27, Manila

National Conference for theRevision of the Rules of Civil ProcedureJune 27–30, Tagaytay City

New RulingsCivil Law (continued from page 18)

impairment clause of the Constitution must yieldto the loftier purposes targeted by theGovernment. The right granted by this provisionmust submit to the demands and necessities ofthe State’s power of regulation. Such authority toregulate businesses extends to the bankingindustry which, as this Court has time and againemphasized, is undeniably imbued with publicinterest.

Having ruled that the assailed Section 47 ofRA No. 8791 is constitutional, we find no reversibleerror committed by the CA in holding thatpetitioner can no longer exercise the right ofredemption over its foreclosed properties afterthe certificate of sale in favor of respondent hadbeen registered.Villarama, Jr., J., Goldenway Merchandising Corporation v.Equitable PCI Bank, G.R. No. 195540, March 13, 2013.

Doctrinal RemindersRemedial Law (continued from page 21)

process of “careful self-examination” is essentiallya matter of conscience, the judge may decide assoon as the factual basis of the motions has beenclearly laid before the court because from thereon the resolution of the motion enters thesubjective phase.

That public respondent, Ong and his counselformer Senator Rene Saguisag are all graduatesof San Beda College of Law was clearly and earlyon established. Hence, this sole ground reliedupon by petitioners in their motion, it bearsrepeating, no longer required a hearing or calledfor the submission of a comment or opposition,and the absence thereof did not prejudicepetitioners.

Carpio Morales, J., Kilosbayan Foundation and BantayKatarungan Foundation, as represented by Jovito R. Salongav. Leoncio M. Janolo, Jr., Presiding Judge, RTC, Branch 264,Pasig City; Gregory S. Ong, Associate Justice,Sandiganbayan; and the Local Civil Registrar of San Juan,Metro Manila, G.R. No. 180543, July 27, 2010.

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The PHILJA BulletinPHILJA BulletinPHILJA BulletinPHILJA BulletinPHILJA Bulletin is publishedquarterly by the Research,Publications and Linkages Officeof the Philippine JudicialAcademy, with office at the 3rd

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(Continued on page 31)

Refresher/Advanced Course forCourt-Annexed Mediators (SamarProvinces, Southern Leyte andBiliran Mediation Program)April 2-3, Palo, Leyte

PST for JudgesApril 3-5, Tagaytay City

Orientation of Clerks of Court andBranch Clerks of Court on JudicialDispute ResolutionApril 5, Antipolo CityApril 11, Tagaytay CityJune 26, Batangas City

Orientation of Public Prosecutors,Public Attorneys, and LawPractitioners on Judicial DisputeResolutionApril 5, Antipolo CityApril 11, Tagaytay CityJune 26, Batangas City

9th National Convention andElection of Officers of thePROSAPHILApril 10-12, Iloilo City

Work Orientation and SkillsAssessment Seminar (WOSES) forPMC Unit Staff (Batch 1)April 11-12, Tagaytay City

Lecture Forum on the New JudicialAffidavit RuleApril 12, Puerto Princesa CityApril 26, Naga CityMay 17, Dagupan CityJune 7, Batangas City

Basic Mediation CourseBohol Mediation ProgramApril 15-18, Tagbilaran City

Seminar-Workshop on VariousLaws Relating to Court TechnologyRegion IX, April 16-17, Zamboanga City

17th National Convention andSeminar of the SCOPHILApril 16-18, Baguio City

Seminar for Single Sala RTCJudges Acting as ExecutiveJudges of the VisayasApril 17-18, Cebu City

Chief Justice Artemio V.Panganiban Professorial Chairon Liberty and Prosperity Lecturefeaturing the topic “SupremeCourt Decisions on the EconomicProvisions of the Constitution”by Chancellor Adolfo S. AzcunaApril 18, Makati City

Pre-Internship Orientation andMeeting with Judges, Clerks ofCourt, Branch Clerks of Court,Mediator-Trainees, and PMCU StaffApril 18, Tagbilaran City

E-JOWProvince of CapizApril 18, Roxas CityProvince of IloiloApril 19, Barotac Viejo, IloiloMay 23, Tagbilaran CityMay 24, Talibon, BoholJune 20, Batac City, Ilocos NorteJune 21, Candon City, Ilocos Sur

CET for Judges and CourtPersonnel Handling CasesInvolving ChildrenApril 24-26, ManilaJune 5-7, Manila

Career Enhancement Program forFirst Level Clerks of CourtRegion VII, April 24-25, Cebu CityRegion VIII, May 8-9, Palo, LeyteRegion I, Batch I, June 4-5, Laoag CityRegion I, Batch II, June 6-7, Laoag CityRegion V, June 19-20, Legazpi City

2013 Upcoming PHILJA Events2013 Upcoming PHILJA Events2013 Upcoming PHILJA Events2013 Upcoming PHILJA Events2013 Upcoming PHILJA Events