volume xv, issue no. 58 april-june 2013

VOLUME XV ISSUE NO. 58APRIL-JUNE 2013

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

ISSN 2244-5862

(Next page)

During the second quarter, PHILJA continued holdingits trainings, programs, and activities at the PHILJATraining Center (PTC) in Tagaytay, such as: the FirstOrientation Seminar-Workshop for Newly AppointedSheriffs and Process Servers; three separate JudicialCareer Enhancement Programs or the JCEP forRegional Trial Court Judges from Regions VII, XII, andII, respectively; a Personal Security Training for Judges;several Orientations on Judicial Dispute Resolution(JDR) for Clerks of Court, Branch Clerks of Court, PublicProsecutors, Public Attorneys, and Law Practitionersrespectively; a skills-based course on JudicialSettlement for Judges assigned in Batangas andCavite; and a Work Orientation and SkillsEnhancement Seminar (WOSES) for PhilippineMediation Center Unit Staff.

On June 13, the Global Distance Learning Center(GDLC) was also launched as part of the SupremeCourt Anniversary celebration for this year. Coincidingwith the launch was the second PHILJA FoundingChancellor Emeritus Justice Ameurfina A. MelencioHerrera Award for the Most Outstanding Lecturerfeaturing Justice Hilarion L. Aquino who delivered apresentation entitled “Revisiting Legal and JudicialEthics: Challenges and Perspectives.” The well-received event was conducted via video conferencing,for the benefit of selected participants at the En BancSession Hall in the Supreme Court in Manila.

On the last week of June, the National Conference for the Revision of the Rules of Civil Procedure was likewise heldat the PTC. It served as the culminating activity for the various consultations and dialogues with justices, judges,academicians, and other stakeholders previously held in the Ateneo Law School (Luzon), Cebu (Visayas), Davao (Mindanao),and SC En Banc Session Hall (for justices and court attorneys). The comments and recommendations gathered from thethree regions were consolidated, evaluated, and integrated in the second draft of the Proposed Revisions of the Rules ofCivil Procedure which was presented on the occasion.

In addition to these activities at the PTC, PHILJA also brought our programs to other regions such as the CareerEnhancement Program for First Level Clerks of Court which took place in Laoag City for Regions I and II; in Banilad City,Cebu, for Region VII; and in Palo, Leyte, for Region VIII. Meanwhile, the Career Development Program for Court LegalResearchers in Region I was held in Baguio City.

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Contents

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

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

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

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

Resolutions

A.M. No. 11-9-4-SC . . . . . . . . . . . . . . . . . . . . . . .

A.M. No. 13-05-02-SC . . . . . . . . . . . . . . . . . . . . . .

Circulars

OCA Cir. No. 48-2013 – Furnishing the Bureauof Immigration with Copies of Issued HoldDeparture Orders . . . . . . . . . . . . . . . . . . . . . . . . .

OCA Cir. No. 59-2013 – Guidelines on Requestsfor Travel Authority and Extension of TravelAbroad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

OCA Cir. No. 74-2013 – Copies of DismissedDrug Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

ADOLFO S. AZCUNAChancellor

Chief Justice Maria Lourdes P. A. Sereno (seated, center) with SC, CA, CTA justices; PHILJA officials; judges; court attorneys; academicians;selected government lawyers; private lawyers and other stakeholders during the National Conference for the Revision of the Rules of CivilProcedure held on June 27–30, 2013, at the PTC, Tagaytay City.

As to our Special Focus Programs, the followingactivities occurred around the country: several lecture-foraon the New Judicial Affidavit Rule for Judges, CourtPersonnel, Prosecutors, Public Attorneys and IBP membersin Puerto Princesa City, Palawan, Naga City, Dagupan City,and in Batangas City; Seminar-Workshop on Various LawsRelating to Court Technology for Judges in the Ninth JudicialRegion in Zamboanga City; second batches of theIncreasing Judicial Efficiency: Seminar-Workshop for Judgeson the Effective Use of the Benchbook for Philippine TrialCourts (Revised and Expanded) in Naga City for Regions IVand V, and in Pampanga for Region III; Seminar-Workshopon Dangerous Drugs Law for Judges, Prosecutors, and LawEnforcers of the Third Judicial Region in Angeles City,Pampanga.

In Manila, the Competency Enhancement Training forJudges and Court Personnel Handling Cases InvolvingChildren was given in two batches. A Seminar on ElectionLaws for RTC Judges was also held in Manila. This quarteralso saw the conduct of two conventions: the Ninth NationalConvention and Election of Officers of the Process ServersAssociation of the Philippines in Iloilo City and the 17th

National Convention and Seminar of the Sheriffs’Confederation of the Philippines (SCOPHIL) in Baguio City.

PHILJA also continued to support the Court’s EnhancedJustice on Wheels (E-JOW) Program with mediation of casesand the conduct of the Information Dissemination throughDialogue among Barangay Officials and Court Officialsduring the Enhanced Justice on Wheels (E-JOW) caravansin Roxas City; Barotac Viejo in Iloilo; Tagbilaran City;Talibon, Bohol; Candon, Ilocos Sur; and Batac, Ilocos Norte.

The Academy, thru the Philippine Mediation CenterOffice (PMCO), conducted a number of activities in supportof Alternative Dispute Resolution: a Refresher/AdvancedCourse for Court-Annexed Mediators for the SamarProvinces, Southern Leyte; Biliran Mediation Programs heldin Palo, Leyte; Orientation of Clerks of Court and BranchClerks of Court on Judicial Dispute Resolution for theProvince of Rizal held in Antipolo City; and one for theProvince of Batangas held in Batangas City. Orientations ofPublic Prosecutors, Public Attorneys, and Law Practitionerson Judicial Dispute Resolution were consecutively held inAntipolo City for the Province of Rizal, and in Batangas Cityfor the province of Batangas. A Basic Mediation Course forthe Bohol Mediation Program and a Pre-InternshipOrientation and Meeting with Judges, Clerks of Court,Branch Clerks of Court, Mediator Trainees and PMCU Staffwere held in Tagbilaran City. Two Orientation Conferenceswith Stakeholders on Court-Annexed Mediation were heldin Legaspi City and Sorsogon City.

We likewise continued taking note of new rulings ofthe Supreme Court and kept up with doctrinal remindersas well as newly issued Court orders, resolutions, andcirculars posted on our website. The same was done fornew OCA circulars.

In closing, I thank the Supreme Court for giving us thehonor and opportunity to serve the Judiciary; and ourofficials and staff for seizing this privilege with unwaveringpassion and dedication.

VOLUME XV ISSUE NO. 58 3

TRAININGS, PROGRAMS AND ACTIVITIES

SC Holds Regional Dialogues and National Conferencefor the Revision of the Rules on Civil Procedure

In November 2012, the Supreme Court formed the CoreCommittee for the National Conference for the Revision ofthe Rules of Civil Procedure through A.M. No. 12-11-7-SC Re:Proposed National Conference for the Revision of the Rules ofCivil Procedure, with the following members:

Chairperson:Justice Roberto A. Abad (Supreme Court)

Co-Chairpersons:Dean Danilo L. Concepcion(University of the Philippines College of Law)Atty. Roan I. Libarios (National President, IBP)

Content Committee Members:Dean Eduardo D. De los Angeles (Partner, RomuloMabanta Buenaventura Sayoc & De los Angeles)Dean Jose Manuel L. Diokno(De La Salle University College of Law)Justice Alexander G. Gesmundo (Sandiganbayan)Justice Amy C. Lazaro-Javier (Court of Appeals)Atty. Victor P. Lazatin (Partner, ACCRALAW)Atty. Simeon V. Marcelo (Partner, CVCLAW)

Conference Procedure Committee Members:Dean Sedfrey M. Candelaria(Ateneo de Manila University School of Law)Prof. Victoria A. Avena(University of the Philippines College of Law)Judge Thelma A. Ponferrada(Chief of Office for Administration, PHILJA)Atty. Edna E. Diño (Chief Attorney of the Supreme Court)Atty. Blesilda B. Abad-Gamo(Professor, Ateneo de Manila University School of Law)

The ultimate objective of the Core Committee was todraft a revised Rules of Civil Procedure that would give truejustice to all civil actions before the courts and ensure thefollowing:

1. The parties are placed on equal footing.2. The cost of litigation is reduced.3. The courts’ time and resources are distributed wisely

among cases in proportion to the amounts involved;the complexity of the issues raised; and the publicinterests in their resolution.

4. All cases are speedily heard and decided.5. The impartiality of the courts is enhanced and

safeguarded.

The Committee focused on identifying portions in thecurrent rules which cause delay in the resolution of cases.Beginning in January 2013, it called upon 30 remedial lawexperts from the academe, the judiciary, governmentlawyers, and private law practitioners who were groupedinto five topical working groups (TWGs) and tasked to studythe 1997 Rules of Civil Procedure and proposals from the

legal community. The topics for the TWGs’ considerationwere on general considerations and pre-filing; filing, pre-trial to trial; special remedies during trial; judgment,execution and appeals; and special civil actions.

REGIONAL STAKEHOLDERS’ DIALOGUE ON THE REVISION OF THE

RULES OF CIVIL PROCEDURE

Three consequent regional stakeholder’s dialogues on theRevision of the Rules of Civil Procedure, conducted in CebuCity (May 28), Davao City (May 31), and Makati City (June 3),served as venues for consultation with and gatheringcomments of justices, judges, academicians and otherstakeholders on the proposed revisions on the Rules. Someof the significant changes brought about by the dialogueswere on mandatory ADR; problems with the adversarial system;judicial affidavit in place of direct testimonies; face-to-facetrial; efficient use of court time; enforcement of foreignjudgments; modes of discovery; and one step appeals process.

PRESENTATION OF THE FIRST DRAFT OF THE PROPOSED REVISIONS

ON THE RULES OF CIVIL PROCEDURE

After the series of regional dialogues, a Presentation of theFirst Draft of the Proposed Revisions on the Rules of CivilProcedure to 70 SC, CA, CTA and SB justices and courtattorneys was conducted on June 16, 2013, to furtherenhance the proposed revisions. Each TWG again presentedthe highlights of the proposed revisions.

The consolidated comments drawn from the series ofdialogues and the first presentation of the draft Rules werethen evaluated and integrated into the second draft of theproposed revisions which was presented at the NationalConference for the Revision of the Rules of Civil Procedure.

NATIONAL CONFERENCE FOR THE REVISION OF THE RULES OF CIVIL

PROCEDURE

On June 27–30, 2013, the National Conference for theRevision of the Rules of Civil Procedure, held at the PTC,became the forum for consultation with stakeholdersregarding the second draft of the proposed revisions. Onehundred sixty SC, CA, CTA justices; judges; court attorneys;academicians; selected government lawyers; private lawyersand other stakeholders participated in the ensuingpresentations, breakout sessions, debates, and voting onissues. Following the ceremonial signing by the TWG headsof the voting results, these were formally handed over toJustice Abad.

The comments, recommendations,and issues gathered fromthe participants were documented for incorporation in thedraft Proposed Revisions of the Rules of Civil Procedure tobe presented to the Court En Banc for its consideration.

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On April 18, 2013, PHILJA conducted the first in a series ofpublic lectures as part of the Chief Justice Artemio V.Panganiban Professorial Chair on Liberty and Prosperity.PHILJA Chancellor Justice Adolfo S. Azcuna delivered thelecture entitled Supreme Court Decisions on the EconomicProvisions of the Constitution before an audience comprising156 incumbent and retired justices of the SC and CA; officialsand staff of the SC and PHILJA; judges; and other guests.

The Chief Justice Artemio V. Panganiban ProfessorialChair on Liberty and Prosperity is sponsored by theFoundation for Liberty and Prosperity (FLP), with retired ChiefJustice Panganiban as its Chair. The FLP, co-sponsored by theMetrobank Foundation, Inc. and supported by the MetroPacific Investments Corporation, aims to aid in the passingof more laws that will enable the less fortunate to benefitmore from the country’s economic gains. Ten professorialchairholders—nine from leading law schools in the countryand one from PHILJA—are tasked to deliver their lectures onChief Justice Panganiban’s core judicial philosophy thatjurists and lawyers should not only safeguard the liberty ofour people, but must also nurture their prosperity under therule of law. Chancellor Azcuna is the first of the seven namedrecipients of the professorial chairs: Justice Azcuna, DeanSedfrey M. Candelaria (Ateneo de Manila University Schoolof Law), Dean Danilo Concepcion (UP College of Law); DeanAndres Bautista (FEU Institute of Law); Dean Jose ManuelDiokno (De La Salle University College of Law), Dean NiloDivina (UST Faculty of Civil Law); retired Justice AntonioEduardo Nachura (Chair of Arellano Law School Foundation).Three other law school deans from Luzon, Visayas, andMindanao will be conferred said professorial chairs later.

Chancellor Azcuna gave an extensive discussion ofcelebrated Philippine economic cases and of relevanteconomic provisions of the Constitution such as:

Case Relevant Economic Provisionof the Constitution

Manila Hotel case Art. XII, Sec. 10(Manila Prince Hotel v. GSIS)

La Bugal-B’laan case Art. XII, Sec. 2(La Bugal-B’laan TribalAssociation v. Ramos)

PLDT case (Gamboa v. Teves) Art. XII, Sec. 11

Angat Dam case Art. XII, Sec. 2(IDEALS, Inc. v. PSALM)

Other speakers were Justice Bernardo P. Pardo (Ret.),Mandatory Continuing Legal Education (MCLE) Chair; Mr.Aniceto M. Sobrepeña, Metrobank Foundation, Inc. President;Dean Sedfrey M. Candelaria, Dean of Ateneo de ManilaUniversity School of Law; and Chief Justice Artemio V.Panganiban (Ret.).

Chief Justice Artemio V. PanganibanProfessorial Chair on Liberty and Prosperity:

A Series of Public Lectures

CONFERMENT OF THE RULE OF LAW AWARD

Also forming part of the program were the conferment of theRule of Law Award to Chief Justice Panganiban and PHILJAChancellor Emeritus Ameurfina A. Melencio Herrera by theClaudio Teehankee Foundation and the blessing of the newAdvanced Legal Studies Research Office at the TeehankeeCenter for the Rule of Law. The Rule of Law Award recognizesthose who symbolize the very concept of the Rule of Lawbased on the late Chief Justice Teehankee’s deeds and actionsduring the Martial Law period. The latter part of the programwas requested by the Claudio Teehankee Foundation, also apartner in the activity, to commemorate the 95th birthanniversary of Chief Justice Teehankee.

On May 22–24, 2013, PHILJA conducted at the PTC inTagaytay the first orientation seminar-workshop for 65newly appointed sheriffs and process servers. Theprogram aims to prepare new sheriffs and process serversin the discharge of their official functions by increasingtheir knowledge and understanding of their duties andresponsibilities as well as the extent of their authority asprovided by law and applicable rules; and by enablingthem to become aware of ethical considerations in theexercise of their officials functions. The program likewiseattempts to further develop their professional skills, instillin them a sense of dignity in their calling, and give themthe confidence, alacrity, and courage necessary to performtheir duties.

The topics discussed include personnel policies andprocedures including appointments, office attendance andseparation; benefits and privileges of court personnel;improving self-confidence; duties and functions of the OCA;problem areas in the disbursements and use of the Sheriffs’Trust Fund under Rule 141; Code of Conduct for courtpersonnel; duties of sheriffs and process servers under theRules of Court; issuances and circulars involving sheriffs andprocess servers; administrative discipline; guidelines onextrajudicial foreclosure; and guidelines on small claims casesand the role of sheriffs and process servers in relation to thefunctions of sheriffs and process servers. A workshop onethical considerations in the exercise of official functionswas also held.

First Orientation Seminar-Workshopfor Newly Appointed Sheriffs and

Process Servers


PHILJA held the second Founding Chancellor EmeritusJustice Ameurfina A. Melencio Herrera Award for the MostOutstanding Professorial Lecturer on June 13, 2013, atthe PHILJA Training Center in Tagaytay (PTC), made possiblewith funds donated by the children of Justice MelencioHerrera. PHILJA Chancellor Justice Adolfo S. Azcuna wasthe first recipient in 2012. Retired Court of Appeals JusticeHilarion L. Aquino, the 2013 awardee, delivered his lectureon the topic “Revisiting Legal and Judicial Ethics:Challenges and Perspectives” through video conferencingthat reached a total of 361 participants at the Tagaytayvenue and at the remote site, the Supreme Court SessionHall in Manila.

Justice Aquino discussed the following: EthicalConduct; Law Ethics and Justice: Linkages; Legal Ethics: TheImperatives of Principled Legal Advocacy; The Ethics ofProsecutorial Discretion; The Ethos of the Legal Profession;Judicial Ethics: What does this all meant for the Judge;Judicial Ethics and Prosecution; and The Ethos of the Judge.Thereafter, Justice Aquino presented his paper to thechildren of Justice Melencio Herrera who, in turn,presented it to the Supreme Court through Chief JusticeMaria Lourdes P. A. Sereno. The other speakers wereChancellor Azcuna, Justice Jose C. Vitug, and Chief JusticeSereno who gave the closing remarks.

On the same day, prior to the lecture, the SupremeCourt, through PHILJA, formally launched the GlobalDistance Learning Center (GDLC) located at the PTC.

The GDLC, one of the best features of the PTC, wasdesigned to further enhance the delivery of judicialeducation through a high level of interconnection viatechnology. The ribbon cutting ceremony, signalling theGDLC’s formal launch, was led by Chief Justice Sereno,along with Supreme Court Associate Justice TeresitaLeonardo-De Castro, Founding Chancellor Emeritus JusticeHerrera, and Chancellor Azcuna.

First Orientation Seminar-Workshop for NewlyAppointed Sheriffs and Process Servers

Date: May 22 to 24, 2013Venue: PHILJA Training Center, Tagaytay CityParticipants: 33 newly appointed sheriffs and 32 newlyappointed process servers, namely:

A. SHERIFFS

REGIONAL TRIAL COURTS

NATIONAL CAPITAL JUDICIAL REGION

Mr. Bayani T. AcleRTC, Branch 132, Makati CityMr. Erwin B. CacheroRTC, Branch 104, Quezon CityMr. Carlos E. CastroRTC, Branch 158, Pasig CityMr. Mark Dondee L. HernandezRTC, Branch 205, Muntinlupa CityMr. Charlie M. LasamRTC, Branch 263, Marikina CityMr. Sherwin M. LuluquisinRTC, Branch 70, Pasig CityMs. Jocelyn D. MacatangayRTC, Branch 198, Las Piñas CityMr. Raymund M. MaravillaRTC, Branch 1, ManilaMr. Ronie L. OrajayRTC, Branch 39, ManilaMr. William D. OrfilaRTC, Branch 28, ManilaMr. Edwin P. OsinadaRTC, Branch 72, Malabon CityMr. Edison P. RadamRTC, Branch 101, Quezon City

REGION IVMr. Jonathan P. TiangcoRTC, Branch 39, Calapan, Mindoro OrientalMs. Purita C. ValeroRTC, OCC, Cavite City, CaviteMr. Ronaldo A. CruzRTC, Branch 80, Morong, RizalMr. Phil R. Grafilo (May 23–24 only)RTC, Branch 95, Antipolo CityMs. Maria Teresa S. LeisRTC, Branch 98, Antipolo City, RizalMr. Alex E. MartinezRTC, Branch 22, Imus, CaviteMs. Resurreccion C. SepidozaRTC, OCC, Binangonan, Rizal

OrientationPHILJA Founding Chancellor EmeritusJustice Ameurfina A. Melencio Herrera

Award for the Most OutstandingProfessorial Lecturer and Launch of the

Global Distance Learning Center

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Mr. Cresenciano T. PitogoRTC, Branch 157, Pasig CityMr. Richard N. ReyesRTC, Branch 6, Manila

REGION IVMs. Jonalyn A. Alfonso (Half day May 22)RTC, OCC, Biñan City, LagunaMr. Reginald D. CadanoRTC, Branch 29, San Pablo City, LagunaMr. Junar B. AvellanaRTC, Branch 27, Sta. Cruz, Laguna

METROPOLITAN TRIAL COURTS

Mr. Fernando A. SustituidoMeTC, Branch 79, Las Piñas CityMr. Lyster M. CabertoMeTC, OCC, Valenzuela CityMr. Nelson A. Cabesuela, Jr.MeTC, Branch 25, ManilaMr. Richard C. CascanteMeTC, Branch 87, Parañaque CityMr. Joseph Roy N. LucasMeTC, Branch 86, Caloocan CityMr. Jonhy P. MarataMeTC, Branch 93, Marikina CityMr. Melson D. RamosMeTC, Branch 23, ManilaMs. Czarina B. SantosMeTC, Branch 94, Marikina CityMs. Maria Monina L. AlmoradieMeTC, Branch 95, Marikina CityMr. James V. AquinoMeTC, OCC, Manila

MUNICIPAL TRIAL COURTS IN CITIES

REGION IVMr. Jeffrey R. BalbaMTCC, Taqaytay CityMr. Aries V. CaturaMTCC, Branch 3, Antipolo CityMr. Vicente C. De GuzmanMTCC, OCC, Batangas CityMs. Karen E. DeguiaMTCC, Branch 1, San Pablo City

MUNICIPAL TRIAL COURTS

REGION IVMr. Ed Jeffrey E. FaltadoMTC, Balayan, BatangasMs. Nelia P. RosalesMTC, OCC, San Pedro, LagunaMs. Maritess M. SantosMTC, Rodriguez, Rizal

Ms. Emmalyn M. AmboyRTC, Branch 84, Batangas City, BatangasMr. Elmer P. BaltazarRTC, Branch 97, Antipolo City, RizalMr. Joseph Anthony Ronard Z. VillanuevaRTC, Branch 56, Lucena City, Quezon

METROPOLITAN TRIAL COURTS

Mr. Ronald T. VillarealMeTC, OCC, ManilaMs. Marietta D. Dela CruzMeTC, OCC, Parañaque CityMr. Anthony N. MesaluchaMeTC, Branch 27, ManilaMr. Norbert V. NotarteMeTC, Branch 94, Marikina CityMr. Merwin I. San DiegoMeTC, Branch 29, ManilaMr. Marco David C. SicamMeTC, OCC, Makati CityMr. Anthony O. TurlaMeTC , Branch 86, Caloocan CityMr. Ramil J. BetonioMeTC, Branch 95, Marikina City

MUNICIPAL TRIAL COURTS IN CITIES

REGION IVMs. Ma. Wilma A. CoronadoMTCC, Branch 3, Antipolo CityMs. Nenita S. GuevaraMTCC, Branch 1, Antipolo CityMr. Manuel P. ViajeMTCC, Branch 4, Antipolo City

B. PROCESS SERVERS

REGIONAL TRIAL COURTS

NATIONAL CAPITAL JUDICIAL REGION

Ms. Rhodora G. ValdezRTC, Branch 163, Pasig CityMr. Joseph G. BasaRTC, Branch 120, Caloocan CityMr. Fidel A. BernardoRTC, Branch 130, Caloocan CityMr. Nelly R. ChavezRTC, Branch 275, Las Piñas CityMs. Teresita C. DandanRTC, Branch 79, Quezon CityMr. Joni James T. Dela CruzRTC, Branch 227, Quezon CityMr. Julianito M. LumactodRTC, Branch 201, Las Piñas CityMr. Jimmy G. MarquezRTC, Branch 7, Manila


MUNICIPAL CIRCUIT TRIAL COURTS

REGION IVMr. Rico G. Magante1st MCTC: Maragondon-Ternate-Magallanes, CaviteMs. Irene G. Asarce3rd MCTC: EI Nido-Gaudencio E. Abordo, Palawan

Seminar for Single Sala RTC Judges Acting as ExecutiveJudges of the Visayas

Date: April 17 to 18, 2013Venue: Radisson Blu Hotel, Cebu CityParticipants: 34 RTC single sala judges

Seminar for Executive Judges (RTC Single Sala Judges ofMindanao)

Date: May 8 to 9, 2013Venue: SMX Convention Center, Davao CityParticipants: 23 RTC single sala judges

CEP for First Level Clerks of Court

Date: April 24 to 25, 2013Venue: Montebello Villa Hotel, Banilad, CebuParticipants: 81 MTCC, MTC, and MCTC clerks of court ofRegion VII

Date: May 8 to 9, 2013Venue: The Oriental Leyte Hotel, Palo, LeyteParticipants: 76 MTCC, MTC, and MCTC clerks of court ofRegion VIII

Date: June 4 to 5, 2013Venue: Fort Ilocandia Hotel, Laoag CityParticipants: 48 MTCC, MTC and MCTC clerks of court ofRegion I (Batch 1)

Date: June 6 to 7, 2013Venue: Fort Ilocandia Hotel, Laoag CityParticipants: 48 MTCC, MTC and MCTC clerks of court ofRegion I (Batch 2)

Date: June 19 to 20, 2013Venue: The Oriental Hotel, Legazpi CityParticipants: 72 MTCC, MTC and MCTC clerks of court ofRegion V

CDP for Court Legal Researchers

Date: May 22 to 23, 2013Venue: Hotel Veniz, Baguio CityParticipants: 66 RTC and MTCC court legal researchers ofRegion I

JCEP for JudgesDate: April 24 to 26, 2013Venue: PHILJA Training Center, Tagaytay CityParticipants: 46 of RTC judges of Region VII

Date: May 15 to 17, 2013Venue: PHILJA Training Center, Tagaytay CityParticipants: 40 RTC, MTCC, MTC, MCTC, SDC and SHCCjudges of Region XII

Date: June 19 to 21, 2013Venue: PHILJA Training Center, Tagaytay CityParticipants: 77 RTC, MTCC, MTC and MCTC judges ofRegion II

Career Enhancement Program (CEP)

Judicial Career Enhancement Program (JCEP)

Pre-Judicature Program

Career Development Program (CDP)

30th Pre-Judicature Program

Date: June 17 to 28, 2013Venue: G Hotel, Roxas Boulevard, ManilaParticipants: 93 lawyers, namely:

1. Karoline J. Abello-Tordecilla2. Rolando T. Abo3. Catherine B. Allas4. Daphne S. Andal-Degoma5. Edilwasif T. Baddiri6. Catherine A. Baldos7. Ruby Charina O. Balmes8. Melani Fay T. Bañarez9. Wilhelmina Barredo Go10. Perfecto Junjun N. Bragais III11. Gemma T. Briones-Gerona12. Ruchin Sherryl C. Caagao-Palaganas13. Teresita D. Castillon-Lora14. Ruth T. Ching15. Irene D. Coloso-Zabala16. Racquel R. Crisologo-Lara17. Raymunda A. Cruz-Apolo18. Jamila R. Cruz-Sarga19. Edwin M. Culla20. Evee Eunice P. De Keyser21. Khrystynn Cyd Rhia G. De Leon-Garcia22. Romel P. Delos Reyes23. Saturnino S. Diaron, Jr.24. Amy Linda D. Dimarucot25. Roger E. Dino26. Dedette B. Diola27. Nelson C. Ditan28. Nadia S. Diumano29. Edsel A. Duque30. George A. Elias

APRIL-JUNE 20138

85. Azee A. Taguines-Arcilla86. Bingle B. Talatala87. Juvy F. Valdez88. Marilyn D. Valino89. Lloyd Nicholas D. Vergara90. Walter T. Young91. Angelina M. Orendain

(29th PJP) – June 19, 24, 26, and 27 only92. Dennis Galahad C. Orendain

(29th PJP) –June 19, 24, 26, and 27 only93. Sheba V. Dela Cruz-Javier

(29th PJP) – June 25 only

Chief Justice Artemio V. Panganiban Professorial Chair onLiberty and Prosperity Lecture featuring the topic“Supreme Court Decisions on the Economic Provisions ofthe Constitution” by Chancellor Adolfo S. Azcuna

Date: April 18, 2013Venue: Ateneo Law School, Ateneo Professorial Schools,Makati CityParticipants: 156 incumbent and retired SC and CA justices,SC and PHILJA officials and employees; RTC, MeTC andMTC judges; representatives of development partners,academe; and other guests

PHILJA Founding Chancellor Emeritus Justice AmeurfinaA. Melencio Herrera Award for the Most OutstandingProfessorial Lecturer and Launch of the Global DistanceLearning Center

Date: June 13, 2013Venue: PHILJA Training Center, Tagaytay City (Main Site);SC En Banc Session Hall, Manila (Remote Site)Participants: 361 comprising 139 SC, CA, and SB justices,SC and PHILJA officials and employees, RTC, MeTC, MTCCand MTC judges from Region IV, and other guests at themain site; 222 SC, CA, SB and CTA justices, SC and PHILJAofficials and employees, CA lawyers and employees, RTC,MeTC, MTCC and MTC judges from the National CapitalJudicial Region, and other guests at the remote site

Personal Security Training for Judges

Date: April 3 to 5, 2013Venue: PHILJA Training Center, Tagaytay CityParticipants: 49 RTC, MTCC, MTC and MCTC judges fromRegions II and IV

Special Lectures

Special Focus Programs

31. Melissa L. Erames-Tuballa32. Wilfredo O. Estorninos33. Conrado A. Estreller, Jr.34. Yvette Marie S. Evaristo35. Bernar D. Fajardo36. Antonino M. Fallarme III37. Vicky C. Fernandez38. Nesauro H. Firme39. Doris P. Gamboa-Sacdalan40. Maria Lourdes P. Garcia41. Gener M. Gito42. Cefelene R. Goco43. Marcelino R. Gonzales II44. Maryther M. Heyrosa-Budomo45. Cyrille E. Hubahib-De Dios46. Julpihir U. Jalambo47. Larnie Fleur P. Kim48. Sarah D. Lalata-Navarro49. Caroline N. Lansang50. Vivian V. Lapuz51. Ulysses G. Loverita52. Samina S. Macabando-Usman53. Brenda D. Mangubat54. Enrico P. Mantuano II55. Karen C. Maramba-Firme56. Tammy Ann R. Mendillo57. Flordeliza G. Merelos58. Benjamin R. Militar59. Desiree Gertrude O. Moldez60. Johann Patrick C. Mones61. Catherine M. Monsod62. Gideon D. Mortel63. Rene D. Natividad64. Benedick D. Nogoy65. Jocelyn S. Nolasco-Santiago66. Olivia V. Non67. Michelle A. Pahati-Manuel68. Mark Anthony D.R. Polonan69. Ferdinand T. Rafanan70. Florendo M. Rallang, Jr.71. Ma. Cristina A. Ramos-Beltran72. Michael F. Real73. Rex A. Resuena74. Filipina T. Ribaya-Geronimo75. Maria Paz I. Rivera-Basangan76. Hilda A. Sacay-Clave77. Maria Edbiesa B. Salve78. Erickson A. Sandel79. Alexander B. Santos80. Fredrick G. Separa81. Danilo B. Sinugbuhan82. Anna Marin F. Sison83. Simplicio M. Sosa, Jr.84. Daniel C. Subido


Lecture-Forum on the New Judicial Affidavit Rule

Date: April 12, 2013Venue: Hotel Centro, Puerto Princesa City, PalawanParticipants: 106 RTC, MTCC, MTC and MCTC judges, clerksof court, court legal researchers, prosecutors, PAO lawyers,and members of the IBP-Palawan Chapter

Date: April 26, 2013Venue: Avenue Plaza Hotel, Naga CityParticipants: 273 RTC, MTCC, MTC and MCTC judges,prosecutors, PAO lawyers, and members of the IBP-Camarines Sur, Camarines Norte, and Albay Chapters

Date: May 17, 2013Venue: Nena’s Garden Restaurant, Dagupan CityParticipants: 179 RTC, MTCC, MTC and MCTC judges, clerksof court, prosecutors, PAO lawyers and members of theIBP-Pangasinan Chapter

Date: June 7, 2013Venue: Hotel Pontefino, Batangas CityParticipants: 222 RTC, MeTC, MTCC, MTC and MCTCjudges, clerks of court, prosecutors, PAO lawyers, andmembers of the IBP-Batangas Chapter

Seminar-Workshop on Dangerous Drugs Law for Judges,Prosecutors and Law Enforcers of the Third Judicial Region

Date: May 6 to 8, 2013Venue: Holiday Inn, Clark Field, Angeles City, PampangaParticipants: 89 RTC judges, prosecutors andrepresentatives from Philippine Drug Enforcement Agency,Parole and Probation Administration, National Bureau ofInvestigation, Bureau of Customs, PNP-Anti-Illegal DrugsSpecial Operations Task Force, and National PoliceCommission

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

Date: April 25, 2013Venue: Avenue Plaza Hotel, Naga CityParticipants: 36 RTC, MTC and MCTC judges of Regions IVand V (Batch 2)

Date: June 14, 2013Venue: Hotel Stotsenberg, Clark Field, Angeles City,PampangaParticipants: 69 RTC, MTCC, MTC and MCTC judges ofRegion III (Batch 2)

Information Dissemination Through a Dialogue BetweenBarangay Officials and Court Officials

Date: April 18, 2013Venue: Capiz Gym, Villareal Stadium, Roxas CityParticipants: 309 barangay officials of the Province of Capiz

Date: April 19, 2013Venue: Barotac Viejo Peoples Gymnasium, Barotac Viejo, IloiloParticipants: 177 barangay officials of the Province of Iloilo

Date: May 23, 2013Venue: Bohol Cultural Center, Tagbilaran CityParticipants: 90 barangay officials of Tagbilaran City

Date: May 24, 2013Venue: Watergate Seaside Restaurant Poblacion, Talibon, BoholParticipants: 132 barangay officials of Talibon Municipality

Date: June 20, 2013Venue: Imelda Cultural Center, Batac CityParticipants: 189 barangay officials of Batac City

Date: June 21, 2013Venue: ABC Session Hall, City Hall Building, Candon CityParticipants: 90 barangay officials of Candon City

Regional Stakeholders’ Dialogue on the Revision of theRules of Civil Procedure

Date: May 28, 2013Venue: Marco Polo Plaza, Cebu CityParticipants: 181 CA-Cebu justices, RTC, MTCC, MTC, andMCTC judges and other stakeholders of Visayas

Date: May 31, 2013Venue: Waterfront Insular Hotel, Davao CityParticipants: 132 CA-CDO justices, and RTC, MTCC, MTC,MCTC and SCC judges and other stakeholders of Mindanao

Date: June 3, 2013Venue: Ateneo Professional Schools Auditorium, Makati CityParticipants: 251 RTC, MeTC, MTCC, MTC and MCTCjudges, SC and CA lawyers, and other stakeholders of Luzon

Presentation of the First Draft of the Proposed Revisionson the Rules of Civil Procedure

Date: June 18, 2013Venue: SC En Banc Session Hall, ManilaParticipants: 70 SC, CA, Sandiganbayan and CTA justices,SC and CA lawyers, and members of the Core Committeeon the National Conference for the Revision of the Rules ofCivil Procedure

National Conference for the Revision of the Rules of CivilProcedure

Date: June 27 to 30, 2013Venue: PHILJA Training Center, Tagaytay CityParticipants: 160 SC, CA, and CTA justices, SC, OCA andPHILJA officials and lawyers, members of the Committeeon the Revision of the Rules of Civil Procedure and TopicalWorking Groups, RTC, MeTC, and MTC judges,representatives from COA, CHR, Office of the GovernmentCorporate Counsel, OSG, PAO, PALS, UPLC and IBP

APRIL-JUNE 201310

Sorsogon Mediation ProgramDate: June 6, 2013Venue: Selvina’s Hotel and Restaurant, Sorsogon City,SorsogonParticipants: 69 RTC, MTCC, MTC, and MCTC judges, clerksof court, other court personnel, and stakeholders from IBP,National Prosecution Service, PAO, LGUs, NGOs, business,academe, and media

Orientation of Clerks of Court and Branch Clerks of Courton Judicial Dispute Resolution

Date: April 5, 2013Venue: GEMS Hotel and Conference Center, Antipolo CityParticipants: 37 RTC, MTCC, MTC, MCTC clerks of courtand branch clerks of court of Rizal Province

Date: April 11, 2013Venue: PHILJA Training Center, Tagaytay CityParticipants: 32 RTC, MTCC, MTC, MCTC clerks of courtand branch clerks of court of Cavite Province

Date: June 26, 2013Venue: Pontefino Hotel and Residences, Pastor Village,Gulod, Labac, Batangas CityParticipants: 55 RTC, MTCC, MTC, MCTC clerks of courtand branch clerks of court of Batangas Province

Orientation of Public Prosecutors, Public Attorneys andLaw Practitioners on Judicial Dispute Resolution

Date: April 5, 2013Venue: GEMS Hotel and Conference Center, Antipolo CityParticipants: 42 prosecutors and PAO lawyers of RizalProvince

Date: April 11, 2013Venue: PHILJA Training Center, Tagaytay CityParticipants: 28 PAO lawyers, prosecutor and members ofthe IBP- Cavite Chapter

Date: June 26, 2013Venue: Pontefino Hotel and Residences, Pastor Village,Gulod, Labac, Batangas CityParticipants: 78 prosecutors, PAO lawyers and members ofthe IBP-Batangas Chapter

Basic Mediation Course (Bohol Mediation Program)

Date: April 15 to 18, 2013Venue: Bohol Tropics Resort, Tagbilaran City, BoholParticipants: 36 mediator-trainees

Pre-Internship Orientation and Meeting with Judges,Clerks of Court, Branch Clerks of Court, Mediator-Trainees,and PMCU Staff (Bohol Mediation Program)

Date: April 18, 2013Venue: Bohol Tropics Resort, Tagbilaran City, BoholParticipants: 91 RTC, MTCC, MTC and MCTC judges, clerksof court, mediator-trainees and PMCU staff

Seminar-Workshop on Various Laws Relating to CourtTechnology for Judges in the Ninth Judicial Region

Date: April 16 to 17, 2013Venue: Garden Orchid Hotel, Zamboanga CityParticipants: 30 RTC, MTCC, and MCTC judges

Competency Enhancement Training for Judges and CourtPersonnel Handling Cases Involving Children

Date: April 24 to 26, 2013Venue: Century Park Hotel, ManilaParticipants: 28 RTC judges, clerks of court, interpreters,prosecutors and PAO lawyers of NCJR and Regions I to V

Date: June 5 to 7, 2013Venue: Century Park Hotel, ManilaParticipants: 39 RTC judges, clerks of court, interpreters,prosecutors and PAO lawyers of NCJR and Regions I to V

Seminar on Election Laws for RTC Judges

Date: June 27, 2013Venue: Bayleaf Hotel, Intramuros, ManilaParticipants: 57 selected RTC judges

9th National Convention and Election of Officers of theProcess Servers Association of the Philippines (PROSAPHIL)

Theme: Process Servers Gearing Towards Wellness and Well-BeingDate: April 10 to 12, 2013Venue: Sarabia Manor Hotel, Iloilo CityParticipants: 491 process servers

17th National Convention and Seminar of the Sheriffs’Confederation of the Philippines (SCOPHIL)

Theme: Meeting New Challenges Towards JudicialIndependence and Upholding the Rule of LawDate: April 16 to 18, 2013Venue: Baguio Convention Center, Baguio CityParticipants: 849 sheriffs

Orientation Conference with Stakeholders on Court-Annexed Mediation

Albay Mediation ProgramDate: June 5, 2013Venue: Hotel St. Ellis, Legazpi City, AlbayParticipants: 103 RTC, MTCC, MTC, and MCTC judges, clerksof court, other court personnel, and stakeholders from IBP,National Prosecution Service, PAO, LGUs, NGOs, business,academe, media, and civil society

Convention-Seminar

On ADR/Mediation/JDR


Refresher/Advanced Course for Court-Annexed Mediators

Samar Provinces, Southern Leyte and Biliran MediationProgram

Date: April 2 to 3, 2013Venue: The Oriental Leyte Hotel, Palo, LeyteParticipants: 24 mediators

Work Orientation and Skills Enhancement Seminar forPhilippine Mediation Center Unit Staff

Date: April 11 to 12, 2013Venue: PHILJA Training Center, Tagaytay CityParticipants: 62 PMCU staff

Team Building and Faculty Workshop for JudicialSettlement Conference for Judges on Judicial DisputeResolution (Skills-based Course)Date: May 7, 2013Venue: PHILJA Training Center, Tagaytay CityParticipants: 21 lecturers, facilitators and PMCO staff

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

Date: May 8 to 10, 2013Venue: PHILJA Training Center, Tagaytay CityParticipants: 49 RTC, MeTC, MTCC, MTC and MCTC judgesfrom Region IV

PHILJA Chancellor Adolfo S. Azcuna (second row, center) and Justice Marina L. Buzon, PHILJA Executive Secretary and ActingChief of Office for the Philippine Mediation Center Office (beside Justice Azcuna) with the participants of the WorkOrientation and Skills Enhancement Seminar for Philippine Mediation Center Unit Staff held on April 11–12, 2013, at the PHILJATraining Center, Tagaytay City.

PHILJA Executive Secretary Justice Marina L. Buzon (seated fourth from right) with participants of the Refresher/AdvancedCourse for Court-Annexed Mediators (Samar Provinces, Southern Leyte, and Biliran Mediation Program) held on April 2–3,2013, at The Oriental Leyte Hotel, Palo, Leyte.

APRIL-JUNE 201312

DCA Jenny Lind A. Delorino (seated at table, center) with participants of the Seminar for Single Sala RTC Judges Acting as Executive

Judges of the Visayas held on April 17–18, 2013, at the Radisson Blu Hotel, Cebu City.

CA Associate Justice Magdangal M. de Leon (seated, center) with participants of the Judicial Career Enhancement Program forJudges of Region II held on June 19–21, 2013, at the PTC, Tagaytay City.

DCA Raul B. Villanueva (seated, center) with participants of the Judicial Career Enhancement Program for Judges of Region VII heldon May 15–17, 2013, at the PTC, Tagaytay City.


Associations of Court Personnel

Process Servers Association of the Philippines(PROSAPHIL)

National Officers2013–2015

Eric H. Atienza, PresidentJohn Joseph, Executive National PresidentVirginia J. Torio, National SecretaryJosephine Perez, Assistant SecretaryTeodorico B. Ibas, National TreasurerIsmael A. Cuerdo, Jr., National AuditorArniel Cabrera, Business ManagerLino Ortile, Vice President for LuzonRahmel Tuazon, Vice President for VisayasEdres Ibrahim, Vice President for MindanaoRosanna San Pedro, Public Information Officer–EnglishJeremias Rubio, Public Information Officer–Tagalog

Regional Directors

Luisito B. Mayor, National Capital Judicial RegionGerman Martin, Region IMaria Esperanza Jacob, CARRosemarie Perico, Region IIAnnabelle Pangan, Region IIINoel Lino Encarnacion, Region IV-ANo Regional Director, Region IV-BLeonardo Longoria, Region VErnesto Soliva, Region VINo Regional Director, Region VIIJonathan Avila, Region VIIICesar Padao, Region IXCerilio Beligolo, Region XNo Regional Director, Region XI

JUDICIAL MOVES

Hon. MA. BELEN RINGPIS LIBAN Associate Justice

Court of Tax Appealsappointed on May 17, 2013

Prior to her appointment as Associate Justice of the Court of TaxAppeals on May 17, 2013, Hon. Ma. Belen Ringpis Liban was aRegional Trial Court Judge in Malolos and Quezon City for 17 years.She was a solicitor at the Office of the Solicitor General, aconfidential attorney at the Court of Appeals, a legal assistant atthe Philippine National Construction Corporation, and a legalassociate at the Puruganan, Ongkiko & Chato Law Offices.

Justice Liban graduated from the University of the PhilippinesCollege of Law and earned her AB Economics degree at theUniversity of Santo Tomas. She finished her elementary and highschool studies in the public schools.

She was Secretary and Auditor of the Philippine Women JudgesAssociation and held the positions of Senior Vice President,Secretary General, Vice President for External Affairs, and Directorfor Region III of the Philippine Judges Association. She was also aLiaison Officer of the International Association of Women Judges.

She attended various international and local conferencessponsored by the World Jurist Association and the Philippine JudgesAssociation, and participated in the Sta. Clara University Seminarson International Business Transactions. She was also a delegate atthe Consultative Commission on Conference on the Law of the Sea.

She is married to Atty. Luisito V. Liban, a senior partner at the SycipSalazar Hernandez & Gatmaitan Law Offices, with whom she hasfive children; Paolo Luis, Juan Rafael, Andrea Marie, Leo Fidel, andJose Miguel. She is a member of the Couples for Christ Foundationfor Family and Life.

Deputy Court Administrator Thelma C. Bahia is a certified courtinsider having spent all years of her professional life in the SupremeCourt. After passing the Bar, she entered the Supreme Court as LawClerk in the Office of the Clerk of Court, Second Division (now ThirdDivision). She transferred to the Office of the Clerk of Court En Bancas Court Attorney III, and was promoted to Court Attorney IV andCourt Attorney V. In 1991, she was appointed Senior Chief StaffOfficer and Chief of Staff of then Court Administrator Ernani CruzPaño. Thereafter, she was appointed Chief of the Court ManagementOffice until she was appointed Assistant Court Administrator in2008. On April 16, 2013, she was appointed by the Court En Banc asDeputy Court Administrator.

At present, she is the Chairperson of the following committees inthe Supreme Court: Bids and Awards Committee for Goods andServices (BAC-GS), Bids and Awards Committee for the Manila Hallof Justice and Court of Appeals Cebu and Cagayan de Oro Projects,Committee on Office Uniforms for Supreme Court, PresidentialElectoral Tribunal and Lower Courts and Personnel Developmentfor the lower courts.

DCA Bahia finished her pre-law and law degrees from the Universityof Santo Tomas.

Hon. THELMA C. BAHIA Deputy Court Administrator

Office of the Court Administratorappointed on April 16, 2013

APRIL-JUNE 201314

First Level Courts have the power to preliminarilyresolve questions on ownership.

When the issue of ownership is raised in an ejectment case,the first level courts are not ipso facto divested of itsjurisdiction. Section 33(2) of Batas Pambansa (BP) Blg. 129,as amended by Republic Act (RA) No. 7691, provides:

SEC. 33. Jurisdiction of Metropolitan Trial Courts,Municipal Trial Courts, and Municipal Circuit TrialCourts in Civil Cases. – Metropolitan Trial Courts,Municipal Trial Courts, and Municipal Circuit TrialCourts shall exercise:

x x x x

(2) Exclusive original jurisdiction over cases offorcible entry and unlawful detainer: Provided,That when, in such cases, the defendant raisesthe question of ownership in his pleadings andthe question of possession cannot be resolvedwithout deciding the issue of ownership, theissue of ownership shall be resolved only todetermine the issue of possession.[Underscoring supplied.]

x x x x

In this regard, Section 16, Rule 70 of the Rules of Courtallows the first level courts, in ejectment cases, toprovisionally determine the issue of ownership for the solepurpose of resolving the issue of physical possession.

SEC. 16. Resolving defense of ownership. – When thedefendant raises the defense of ownership in hispleadings and the question of possession cannotbe resolved without deciding the issue ofownership, the issue of ownership shall be resolvedonly to determine the issue of possession.

Accordingly, it is unquestionably clear that the first levelcourts are clothed with the power to preliminarily resolvequestions on the ownership of real property, if necessary,to arrive at the proper and complete determination of thequestion on physical possession or possession de facto. Thus,as correctly ruled by the CA, the MTCC should have takencognizance of the complaint as it was well within itsjurisdiction to do so. Moreover, considering that BP Blg.129, as amended, has distinctly defined and granted theMTCC with jurisdiction, it is the trial court’s duty andobligation to exercise the same when properly invoked.

Mendoza, J., Manila Electric Company v. Heirs of Spouses Dionisio Deloyand Praxedes Martonito, represented by Policarpio Deloy, G.R. No.192893, June 5, 2013.

Valid Certificate of Candidacy as a condition sine quanon for candidate substitution.

Section 77 of the OEC provides that if an official candidateof a registered or accredited political party dies, withdrawsor is disqualified for any cause, a person belonging to andcertified by the same political party may file a CoC to replacethe candidate who died, withdrew or was disqualified. Itstates that:

SEC. 77. Candidates in case of death, disqualificationor withdrawal of another. – If after the last day forthe filing of certificates of candidacy, an officialcandidate of a registered or accredited politicalparty dies, withdraws or is disqualified for anycause, only a person belonging to, and certified by,the same political party may file a certificate ofcandidacy to replace the candidate who died,withdrew or was disqualified. (Emphasis supplied)

Evidently, Section 77 requires that there be an “officialcandidate” before candidate substitution proceeds. Thus,whether the ground for substitution is death, withdrawalor disqualification of a candidate, the said sectionunequivocally states that only an official candidate of aregistered or accredited party may be substituted.

As defined under Section 79(a) of the OEC, the term“candidate” refers to any person aspiring for or seeking anelective public office who has filed a certificate ofcandidacy by himself or through an accredited politicalparty, aggroupment, or coalition of parties. Clearly, thelaw requires that one must have validly filed a CoC in orderto be considered a candidate. The requirement of having aCoC obtains even greater importance if one considers itsnature. In particular, a CoC formalizes not only a person’spublic declaration to run for office but evidences as well hisor her statutory eligibility to be elected for the said post.In Sinaca v. Mula, the Court has illumined:

A certificate of candidacy is in the nature of aformal manifestation to the whole world of thecandidate’s political creed or lack of political creed.It is a statement of a person seeking to run for apublic office certifying that he announces hiscandidacy for the office mentioned and that he iseligible for the office, the name of the political partyto which he belongs, if he belongs to any, and hispost office address for all election purposes beingas well stated. (Emphases and underscoringsupplied)

Election LawRemedial Law


In this regard, the CoC is the document which formallyaccords upon a person the status of a candidate. In otherwords, absent a valid CoC one is not considered a candidateunder legal contemplation. As held in Talaga:

x x x a person’s declaration of his intention to runfor public office and his affirmation that hepossesses the eligibility for the position he seeksto assume, followed by the timely filing of suchdeclaration, constitute a valid CoC that render theperson making the declaration a valid or officialcandidate. (Emphasis supplied)

Considering that Section 77 requires that there be acandidate in order for substitution to take place, as well asthe precept that a person without a valid CoC is notconsidered as a candidate at all, it necessarily follows thatif a person’s CoC had been denied due course to and/orcancelled, he or she cannot be validly substituted in theelectoral process. The existence of a valid CoC is thereforea condition sine qua non for a disqualified candidate to bevalidly substituted.

Perlas-Bernabe, J., Silverio R. Tagolino v. House of RepresentativesElectoral Tribunal and Lucy Marie Torres-Gomez, G.R. No. 202202,March 19, 2013.

Doctrinal RemindersElection Law (continued)

Derivative suit; requirements for a derivative suit.

A derivative suit is an action brought by a stockholder onbehalf of the corporation to enforce corporate rightsagainst the corporation’s directors, officers or otherinsiders. Under Sections 23 and 36 of the Corporation Code,the directors or officers, as provided under the bylaws,have the right to decide whether or not a corporation shouldsue. Since these directors or officers will never be willing tosue themselves, or impugn their wrongful or fraudulentdecisions, stockholders are permitted by law to bring anaction in the name of the corporation to hold these directorsand officers accountable. In derivative suits, the real partyin interest is the corporation, while the stockholder is amere nominal party.

This Court, in Yu v. Yukayguan, explained:

The Court has recognized that a stockholder’s rightto institute a derivative suit is not based on anyexpress provision of the Corporation Code, or eventhe Securities Regulation Code, but is impliedlyrecognized when the said laws make corporatedirectors or officers liable for damages sufferedby the corporation and its stockholders forviolation of their fiduciary duties. Hence, astockholder may sue for mismanagement, waste

or dissipation of corporate assets because of aspecial injury to him for which he is otherwisewithout redress. In effect, the suit is an action forspecific performance of an obligation owed by thecorporation to the stockholders to assist its rightsof action when the corporation has been put indefault by the wrongful refusal of the directors ormanagement to make suitable measures for itsprotection. The basis of a stockholder’s suit isalways one in equity. However, it cannot prosperwithout first complying with the legal requisitesfor its institution. (Emphasis in the original)

Section 1, Rule 8 of the Interim Rules imposes thefollowing requirements for derivative suits:

1. [The person filing the suit must be] astockholder or member at the time the acts ortransactions subject of the action occurredand the time the action was filed;

2. [He must have] exerted all reasonable efforts,and alleges the same with particularity in thecomplaint, to exhaust all remedies availableunder the articles of incorporation, bylaws,laws or rules governing the corporation orpartnership to obtain the relief he desires;

3. No appraisal rights are available for the actor acts complained of; and

4. The suit is not a nuisance or harassment suit.

Carpio, J., Juanito Ang, for and in behalf of Sunrise Marketing (Bacolod),Inc. v. Spouses Roberto and Rachel Ang, G.R. No. 201675, June 19, 2013.Corporation Law

Remedial Law

Writ of Possession; proceeding in a petition for a writof possession is ex parte and summary in nature.

A writ of possession is simply an order by which the sheriff iscommanded by the court to place a person in possession ofa real or personal property. Under Section 7 of Act No.3135, as amended, a writ of possession may be issued infavor of a purchaser in a foreclosure sale either (1) withinthe one-year redemption period, upon the filing of a bond;or (2) after the lapse of the redemption period, withoutneed of a bond. Within the one-year redemption period,the purchaser may apply for a writ of possession by filing apetition in the form of an ex parte motion under oath, inthe registration or cadastral proceedings of the registeredproperty. The law requires only that the proper motion befiled, the bond approved and no third person is involved.After the consolidation of title in the buyer’s name forfailure of the mortgagor to redeem the property,entitlement to the writ of possession becomes a matter ofright. In the latter case, the right of possession becomes

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APRIL-JUNE 201316

Doctrinal RemindersRemedial Law (continued)

absolute because the basis thereof is the purchaser’sownership of the property.

The rule is likewise settled that the proceeding in apetition for a writ of possession is ex parte and summary innature. As one brought for the benefit of one party onlyand without notice by the court to any person adverse ofinterest, it is a judicial proceeding wherein relief is grantedwithout giving the person against whom the relief is soughtan opportunity to be heard. The issuance of the writ ofpossession is, in turn, a ministerial function in the exerciseof which trial courts are not granted any discretion. Sincethe judge to whom the application for writ of possession isfiled need not look into the validity of the mortgage or themanner of its foreclosure, it has been ruled that theministerial duty of the trial court does not becomediscretionary upon the filing of a complaint questioningthe mortgage. Corollarily, any question regarding thevalidity of the extrajudicial foreclosure sale and the resultingcancellation of the writ may, likewise, be determined in asubsequent proceeding as outlined in Section 8 of Act No.3135.

Perez, J. Spouses Montano T. Tolosa and Merlinda Tolosa v. UnitedCoconut Planters Bank, G.R. No. 183058, April 3, 2013.

Two modes of appealing an RTC decision.

There are two modes of appealing an RTC decision orresolution on issues of fact and law. The first mode is anordinary appeal under Rule 41 in cases where the RTCexercised its original jurisdiction. It is done by filing a Noticeof Appeal with the RTC. The second mode is a petition forreview under Rule 42 in cases where the RTC exercised itsappellate jurisdiction over MTC decisions. It is done by filinga Petition for Review with the CA. Simply put, the distinctionbetween these two modes of appeal lies in the type ofjurisdiction exercised by the RTC in the Order or Decisionbeing appealed.

As discussed above, the MTC has original and exclusivejurisdiction over the subject matter of the case; hence,there is no other way the RTC could have taken cognizanceof the case and review the court a quo’s judgment exceptin the exercise of its appellate jurisdiction. Besides, thenew RTC Judge who penned the May 4, 2004 Resolution,Judge Diaz de Rivera, actually treated the case as an appealdespite the October 22, 2003 Order. He started hisResolution by stating, “This is an appeal from the Judgmentrendered by the Municipal Trial Court (MTC) of La TrinidadBenguet” and then proceeded to discuss the merits of the“appeal.” In the dispositive portion of said Resolution, he

(Continued on page 19)

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 20)

26th Orientation Seminar-Workshop for NewlyAppointed Clerks of CourtJuly 30–August 2, Cebu

Stakeholders’ Consultation Workshop andPresentation of the First Draft of the Helpbook onCombating Human Trafficking in the PhilippinesAugust 13, Manila

Seminar-Workshop on Dangerous Drugs Law forJudges, Prosecutors and Law EnforcersRegion I, August 13–15, Laoag City

RTD: Knowledge Sharing on Laws, Rules and Trendson Asset Forfeiture and ManagementAugust 23, Manila

Refresher/Advanced Course for Court-AnnexedMediatorsIsabela Mediation ProgramSeptember 4–5, Cauayan CitySOCSARGEN Mediation ProgramSeptember 17–18, General Santos CityDavao del Norte and Davao del SurMediation ProgramSeptember 19–20, Davao City

CEP for First Level Clerks of CourtRegion III, Batch 1, August 27–28, Tagaytay CityRegion III, Batch 2, August 29–30, Tagaytay CityRegion VI, September 11–12, Bacolod City

Increasing Judicial Efficiency: Seminar-Workshop forJudges on the Effective Use of the Benchbook forPhilippine Trial Courts (Revised and Expanded)Regions VI-IX, September 12, Cebu City

Internship of Mediation Trainees (Legaspi andSorsogon)September 1–October 31 , Sorsogon City

31st Pre-Judicature ProgramSeptember 2–13, General Santos City

Ceremonial Turnover of the Final Draft of theProposed Revised Rules of Civil ProcedureSeptember 3, Manila

Orientation of Clerks of Court and Branch Clerks ofCourt on Judicial Dispute ResolutionLaguna, September 12, Calamba, Laguna

Orientation of Public Prosecutors, Public Attorneys,and Law Practitioners on Judicial Dispute ResolutionLaguna, September 12, Calamba, Laguna

Seminar-Workshop on Various Laws Relating to CourtTechnologyRegion X, September 18–19, Cagayan de Oro City

Convention Seminar of the MeTCJAPSeptember 18–20, Roxas City

Convention Seminar of the RTC COCAPSeptember 24–26, Aklan

FGD on FRIA and other Commercial Court ConcernsSeptember 27, Manila


A.M. No. 11-9-4-SC

EFFICIENT USE OF PAPER RULE

Re: DEFERRED COMPLIANCE WITH SOFT COPYREQUIREMENT OF THE EFFICIENT USE OF PAPER RULE

WHEREAS, on November 13, 2012 the Court issued theEfficient Use of Paper Rule, the pertinent portion of Section5 of which reads:

Parties to cases before the Supreme Court arefurther required, on voluntary basis for the first sixmonths [January 1 to June 30, 2013] following theeffectivity of this Rule and compulsorily afterwardsunless the period is extended, to submit,simultaneously with their court-bound papers, softcopies of the same and their annexes (the latter inPDF format) either to the Court’s e-mail address orby compact disc. This requirement is in preparationfor the eventual establishment of an e-filingpaperless system in the judiciary.

WHEREAS, pursuant to the above, the compulsorysubmission of soft copies of pleadings and annexes to theSupreme Court will begin on July 1, 2013 unless the Courtextends the date;

WHEREAS, the Court is still enhancing its system forprocessing and using the soft copies of court-bound papersthat are filed with it and many law practitioners are notyet prepared for full compliance with the submissionrequirement;

NOW, THEREFORE, the Court RESOLVED, as it herebyRESOLVES, to EXTEND the PERIOD OF VOLUNTARYSUBMISSION of soft copies of court-bound papers in casesbefore the Supreme Court from June 30 to October 1, 2013,AND AFTERWARDS REQUIRE THE COMPULSORYSUBMISSION OF THE SAME.

Let this Resolution be published in two newspapers ofgeneral circulation in the Philippines.

Manila, June 18, 2013.

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

A.M. No. 13-05-02-SC

EN BANC NOTICE

Sirs/Mesdames:

Please take notice that the Court en banc issued aResolution dated JUNE 4, 2013, which reads as/allows:

A.M. No. 13-05-02-SC (Re: MCLE Governing BoardNominees). – Acting on the Letter dated March 13,2013 of MCLE Chairperson Bernardo P. Pardo, theCourt Resolved to APPOINT the following asmembers of the MCLE Governing Board:

a. Dean Ernesto P. Maceda, Jr. – as representativeof the Philippine Association of Law Schools(PALS);

b. Dean Danilo L. Concepcion – as representativeof the UP Law Center; and

c. Dean Sedfrey M. Candelaria – as representativeof the Philippine Judicial Academy (PHILJA).

In the meantime, the appointment of therepresentative of the Integrated Bar of the Philippines tothe MCLE Governing Board is hereby DEFERRED.

Carpio, J., on official leave.

Very truly yours,

(Sgd.) ENRIQUETA E. VIDALClerk of Court

(Next page)

TO: ALL REGIONAL TRIAL COURT JUDGES

SUBJECT: FURNISHING THE BUREAU OF IMMIGRATIONWITH COPIES OF ISSUED HOLD DEPARTURE ORDERS

Acting on the letter dated February 25, 2013 of the Hon.Ricardo A. David, Jr., Commissioner, Commission of theBureau of Immigration, reiterating his previous

OCA Circular No. 48-2013

APRIL-JUNE 201318

recommendation that trial “courts be advised of the presentlimitation imposed by the Temporary Restraining Orderfrom the Supreme Court last November 2011, preventingthe Department of Justice (DOJ) from implementing DOJCircular 41 (otherwise known as the Consolidated Rulesand Regulations Governing the Issuances andImplementing of Hold Departure Orders, Watchlist Ordersand Allow Departure Orders), considering that“(t)he Bureau, on its own, has no authority to detain orprevent the departure of persons leaving the country unlessthere exists an active Hold Departure Order issued by acompetent court,” all Regional Trial Court Judges arehereby DIRECTED TO DESIST from furnishing the Bureauof Immigration with copies of Warrants/Orders of Arrest,but instead should furnish the Bureau with copies of issuedHold Departure Orders, if any.

For strict compliance.

April 1, 2013.

(Sgd.) JOSE MIDAS P. MARQUEZCourt Administrator

TO: ALL JUDGES AND COURT PERSONNEL OF THE LOWERCOURTS

SUBJECT: GUIDELINES ON REQUESTS FOR TRAVELAUTHORITY AND EXTENSION OF TRAVEL ABROAD

To lessen the delay and to expedite the processing ofrequests for travel authority and extension of travel abroadof judges and lower court personnel, the followingguidelines shall be observed:

1. All judges and personnel of the lower courts who planto travel abroad, regardless of the number of days,must secure a Travel Authority from the Supreme Courtthrough the Office of the Court Administrator (OCA).The following documents shall be submitted:

a. For Judges:

• Letter-request addressed to the CourtAdministrator stating the purpose of thetravel abroad;

• Properly accomplished Application for Leave(C.S. Form No.6) covering the period of thetravel abroad with the favorable

OCA Circular No. 48-2013 (continued)


recommendation of the Executive Judge, orthe Deputy Court Administrator or AssistantCourt Administrator in charge of the area ofjurisdiction if the applicant is the ExecutiveJudge; and

• Certification from the Statistics Division, CourtManagement Office, OCA, as to the casedocket of the court.

b. For Court Personnel:

• Letter-request addressed to the CourtAdministrator stating the purpose of thetravel abroad;

• Properly accomplished Application for Leave(C.S. Form No.6) covering the period of thetravel abroad with the favorablerecommendation of the Executive Judge (forthose in the Office of the Clerk of Court), orthe Presiding Judge (for those in the courtbranches), or the Clerk of Court as delegatedby the Executive Judge/Presiding Judge inwriting;

• Clearance as to Money and/or PropertyAccountability;

• Clearance as to pending criminal and/oradministrative case/s filed against theapplicant, if any;

• Clearance as to pending stenographic notesfor transcription from the applicant’s court andfrom the Court of Appeals, for CourtStenographers; and

• Approved Supreme Court (SC) Certificate ofClearance, in case the period of travel resultsin the applicant’s incurrence of leave withoutpay in excess of one month (Sec. 57 of theOmnibus Rules on Leave) or 30 calendar days.

2. The complete documentary requirements must besubmitted to and received by the OCA not earlier thantwo months before the intended departure date butnot later than 10 working days before said date.Otherwise, the request shall not be entertained.

3. Pursuant to A.M. No. 09-7-03-O (Setting the MaximumPeriod of Vacation Leave of Lower Court Officials andPersonnel) dated February 1, 2011, the maximumperiod for vacation leave of absence including the


OCA Circular No. 59-2013 (continued)

extension thereof, whether to be spent abroad orwithin the Philippines, is 30 working days, except incases of study leave/scholarship grants or sick leavewith medical certificate.

4. Request for extension of the Travel Authority, togetherwith the corresponding properly accomplished leaveapplication and other supporting documents, as thecase may be, must be submitted to and received by theOCA at least 10 working days before the expiration ofthe period covered by the previous Travel Authority.Otherwise, the request shall not be entertained.

5. The salaries and benefits of the concerned official oremployee shall be withheld without prior notice to avoidoverpayment in case of incurrence of one day vacationleave without pay to be spent abroad or in excess of 30calendar days vacation leave without pay to be spentwithin the Philippines, including the period of theextension thereof. The release of the withheld salariesand benefits shall be directed only upon the applicant’ssubmission of a certification issued by the ExecutiveJudge (for those in the Office of the Clerk of Court), orthe Presiding Judge (for those in the court branches),or the Clerk of Court as delegated by the ExecutiveJudge/Presiding Judge in writing, stating that theapplicant has reported back to work. Said certificationshall be accompanied by the applicant’s DTR, ifapplicable. In the case of judges, the release of salariesand benefits shall be effected upon submission of acertification executed by the concerned judge statingthat he/she has reported back to work.

6. Judges and court personnel who shall leave the countrywithout a Travel Authority or extend his/her travelabroad without the approval of the extension of his/her Travel Authority shall be subject to disciplinaryaction, and all corresponding absences incurred shallbe considered as unauthorized leave of absence.

All judges and lower court personnel are herebyENJOINED to strictly observe these guidelines.

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

This Circular shall take effect immediately.

May 6, 2013.



TO: ALL BRANCH CLERKS OF COURT OF THE REGIONALTRIAL COURTS

SUBJECT: COPIES OF DISMISSED DRUG CASES

The Office of the Court Administrator is presently conductinga study on drug cases resolved by the courts. To enable theOCA to come up with a more comprehensive study, all trialcourts are ORDERED to furnish this Office with copies of alldecisions dismissing drug cases, including provisionaldismissals, beginning January 2013. The required copies ofdecisions shall be mailed through regular postal service tothis Office at:

Office of the Court Administrator1st Floor, SC Old BuildingPadre Faura St., ErmitaManila 1000

OR emailed to:

[email protected].

For immediate and strict compliance.

June 3, 2013.


reversed the MTC’s findings and conclusions andremanded residual issues for trial with the MTC. Thus, infact and in law, the RTC Resolution was a continuationof the proceedings that originated from the MTC. It wasa judgment issued by the RTC in the exercise of itsappellate jurisdiction. With regard to the RTC’s earlierOctober 22, 2003 Order, the same should be disregardedfor it produces no effect (other than to confuse theparties whether the RTC was invested with original orappellate jurisdiction). It cannot be overemphasized thatjurisdiction over the subject matter is conferred only bylaw and it is “not within the courts, let alone the parties,to themselves determine or conveniently set aside.”Neither would the active participation of the partiesnor estoppel operate to confer original and exclusivejurisdiction where the court or tribunal only wieldsappellate jurisdiction over the case. Thus, the CA iscorrect in holding that the proper mode of appeal shouldhave been a Petition for Review under Rule 42 of theRules of Court, and not an ordinary appeal under Rule41.

Del Castillo, J., Darma Maslag v. Elizabeth Monzon, William Geston,and Registry of Deeds of Benguet, G.R. No. 174908, June 17, 2013.

Doctrinal RemindersRemedial Law (continued from page 16)

PRIVATE OR UNAUTHORIZED USE TO AVOIDPAYMENT OF POSTAGE IS PENALIZED BY FINE ORIMPRISONMENT OR BOTH

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

Justice Adolfo S. AzcunaChancellor

Professor Sedfrey M. CandelariaEditor in Chief

Editorial and Research StaffAtty. Orlando B. Cariño

Arsenia M. MendozaArmida M. SalazarJocelyn D. BondocRonald P. Caraig

Judith B. Del RosarioChristine A. Ferrer

Joanne Narciso-MedinaCharmaine S. NicolasSarah Jane S. Salazar

Jeniffer P. SisonCirculation and Support Staff

Romeo A. ArculloLope R. PalermoDaniel S. Talusig

Printing ServicesLeticia G. Javier and Printing Staff

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

Floor of the Supreme CourtCentennial Building, Padre FauraStreet corner Taft Avenue, Manila.Tel: 552-9524; Fax: 552-9621; E-mail:[email protected];[email protected]; Website:http://philja.judiciary.gov.ph (Continued on page 16)

Orientation and Screening ofProspective Mediators andPMC Unit StaffAlbay Mediation ProgramJuly 1–2, Legazpi CitySorsogon Mediation ProgramJuly 3–4, Sorsogon City

Orientation Seminar Workshop forNewly Appointed Judges66th, July 2–11, Tagaytay City67th, August 6–15, Tagaytay City

PST for JudgesJuly 3–5, Tagaytay CitySeptember 3–5, Tagaytay City

CET for Judges and Court PersonnelHandling Cases Involving ChildrenJuly 3–5, ManilaSeptember 4–6, Cebu City

E-JOWJuly 4, Surigao CityJuly 5, Butuan CityAugust 23, San Pablo CitySeptember 26–27, General Santos Cityand Tacurong, Sultan Kudarat

Seminar-Workshop onStrengthening Judicial Integrityand Rule of Law for ExecutiveJudges and Single Sala Court JudgesJuly 10–11, Laoag CityAugust 6–7, Cebu City

Work Orientation and SkillsEnhancement Seminar (WOSES) forPMC Unit StaffJuly 11–12, Tagaytay City

1st General Assembly and Seminarof the Association of Clerks of Courtand Ex Officio SheriffsJuly 11–12, Manila

JCEP for RTC JudgesRegion V, July 17–19, Tagaytay CityRegion I, August 14–16, TagaytayCity

Basic Mediation CourseAlbay and Sorsogon MediationProgramJuly 22–25, Legazpi City

2nd Orientation Seminar-Workshop for Newly AppointedSheriffs and Process ServersJuly 24–26, Tagaytay City

CDP for Court Legal ResearchersRegion X, July 24–25, Tagaytay CityRegion XI, September 18–19,Tagaytay City

Seminar-Workshop onSubstantive Laws andJurisprudence on IntellectualProperty for Special CommercialCourt Judges in the NCJR andSelected Attorneys of theSupreme Court and Court ofAppealsJuly 25–26, Makati City

Pre-Internship Orientation andMeeting with Judges, Clerks ofCourt, Branch Clerks of Court,Mediation-Trainees, and PMCUStaffAlbay, July 25, Legazpi CitySorsogon, July 26, Sorsogon City

Judicial Settlement Conferenceon JDR (Skills-based Course)Laguna Judges, July 30–August 2Tagaytay City

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

volume xv, issue no. 58 april-june 2013

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