october-december 2007 philja newsphilja...

PHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSOctober-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007

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October to December 2007 Volume IX, Issue No. 36

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SUPREME COURT

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OF THE PHILIP

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BATAS AT BAYAN

PHILJA BulletinPHILJA BulletinPHILJA BulletinPHILJA BulletinPHILJA BulletinPHILJA BulletinPHILJA BulletinPHILJA BulletinPHILJA BulletinPHILJA BulletinPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWS2

PHILJAACADEMIC PROGRAMS

ORIENTATION SEMINAR-WORKSHOP

FOR NEWLY APPOINTED JUDGES

The 50th Orientation Seminar-Workshop for NewlyAppointed Judges was held on November 13 to 22, 2007,at the PHILJA Development Center, Tagaytay City. Inattendance were 25 newly appointed judges and sixpromoted judges.

A. NEW APPOINTMENTS

REGIONAL TRIAL COURTS

REGION IIIHon. Serafin C. CruzRTC Br. 86, Cabanatuan City, Nueva EcijaHon. Wilfredo L. MaynigoRTC Br. 87, Gapan, Nueva Ecija

REGION IVHon. Jose Bayani J. UsmanRTC Br. 50, Puerto Princesa, Palawan

REGION VHon. Ignacio N. Almodovar, Jr.RTC Br. 2, Legaspi CityHon. Roberto A. EscaroRTC Br. 38, Daet, Camarines SurHon. Noel D. PauliteBr. 30, San Jose City, Camarines SurHon. Victor C. GellaRTC Br. 52, Sorsogon, SorsogonHon. Valentin E. Pura, Jr.RTC Br. 23, Naga City, Camarines Sur

REGION VIHon. Ma. Rita B. SarabiaRTC Br. 58, San Carlos City, Negros Occidental

REGION VIIIHon. Leandro C. CataloRTC Br. 2, Borongan, Eastern SamarHon. Manuel F. Torrevillas, Jr.RTC Br. 23, Allen, Northern Samar

METROPOLITAN TRIAL COURTS

NATIONAL CAPITAL JUDICIAL REGION

Hon. Manuel B. Sta. Cruz, Jr.MeTC Br. 43, Quezon CityHon. Philip G. LabastidaMeTC Br. 58, San Juan CityHon. Glenda C. MarinMeTC Br. 49, Caloocan City

MUNICIPAL TRIAL COURTS IN CITIES

REGION IIIHon. Ma. Lourdes F. TolentinoMTCC Br. 1, San Fernando City, Pampanga

REGION VIHon. Abraham A. BayonaMTCC Br. 7, Bacolod CityHon. Jerry F. MarañonMTCC Passi City, Iloilo CityHon. Edgar R. TupasMTCC La Carlota City, Negros Occidental

REGION VIIIHon. Edgardo C. LeonidoMTCC Maasin City, Leyte

MUNICIPAL TRIAL COURTS

REGION VHon. Arnel P. CezarMTC Pilar, Sorsogon

REGION VIIHon. Alberto C. PitaMTC Barili, Cebu

MUNICIPAL CIRCUIT TRIAL COURTS

REGION VIHon. Ramcez John A. Honrado3rd MCTC Dao-Ivisan, Capiz

REGION VIIHon. Christine M. Abad12th MCTC Moalboal-Badian-Alcantara, Cebu

REGION VIIIHon. Myrna M. Clemens1st MCTC Sta. Margarita-Sto. Niño-Almagro-Tagapul-an, SamarHon. Felipe B. Maglana, Jr.2nd MCTC Sta. Margarita-Tarangnan-Pagsanjan, Samar

B. PROMOTIONS



Hon. Maria Celestina C. MangrobangRTC Br. 38, ManilaHon. Maria Filomena D. SinghRTC Br. 85, Quezon CityHon. Edgardo Montemayor CaldonaRTC Br. 65, Makati City

REGION VHon. Ma. Angela Acompañado ArroyoRTC Br. 58, San Jose City, Camarines Sur

PHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSOctober-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007 3

(Continued on NEXT page)

REGION VIHon. Jesus B. TinaganRTC Br. 35, Dumaguete City

REGION VIIHon. Ester Morales VelosoRTC Br. 6, Cebu City

ORIENTATION SEMINAR-WORKSHOP FOR

NEWLY APPOINTED CLERKS OF COURT

The 6th Orientation Seminar-Workshop for NewlyAppointed Clerks of Court was held on October 9 to 11,2007, at the Bayview Park Hotel, Manila. In attendancewere 54 newly appointed clerks of court.


REGION IVAtty. Rhea R. Alcantara-AquinoRTC Br. 26, Sta. Cruz, LagunaAtty. Czarina B. ArevaloRTC Br. 89, Bacoor, CaviteAtty. Aris Z. BautistaRTC Br. 76, San Mateo, RizalAtty. Jaime D. BugainRTC Br. 28, Sta. Cruz, LagunaAtty. Stanlee D. CalmaRTC Br. 18, Tagaytay CityAtty. Marigrace C. DimaanoRTC Br. 85, Lipa CityAtty. Lilibeth C. LorenaRTC Br. 58, Lucena City, QuezonAtty. Irene C. Manigbas-EspinaRTC Br. 34, Calamba, LagunaAtty. Enrico P. Mantuano IIRTC Br. 40, Calapan, Mindoro OrientalAtty. Ma. Mae V. GutierrezRTC Br. 5, Lemery, BatangasAtty. Mely C. HermosuraRTC Br. 19, Bacoor, CaviteAtty. Glenda M. Lacsamana-KingRTC Br. 1, Batangas CityAtty. Lalaine B. MarananRTC Br. 91, Sta. Cruz, LagunaAtty. Lea E. MendaniaRTC Br. 57, Lucena City, QuezonAtty. Omar Ian R. TuanquinRTC Br. 65,Infanta, QuezonAtty. Noel M. VillanuevaRTC Br. 92, Calamba, Laguna

REGION VAtty. Jaime A. Añonuevo, Jr.RTC OCC, Legaspi City, Albay

Atty. Ruby Charina O. BalmesRTC Br. 55, Irosin, SorsogonAtty. Joseph Raymond D. BorjaRTC Br. 2, Legaspi City, AlbayAtty. Gemma T. Briones-GeronaRTC Br. 65, Bulan, SorsogonAtty. Lyn A. CaramoanRTC Br. 12, Ligao, AlbayAtty. Marites Bordeos-DolanasRTC OCC, Tabaco, AlbayAtty. Nieves L. FedillagaRTC Br. 34, Iriga City, Camarines SurAtty. Louie T. GuerreroRTC Br. 42, Virac, CatanduanesAtty. Glenda F. Gumba-AlmelorRTC Br. 37, Iriga City, Camarines SurAtty. Dara SJ. Mallorca-TormesRTC Br. 57, Libmanan, Camarines SurAtty. Leomar R. LanuzaRTC OCC, Masbate, MasbateAtty. Clara Lina G. LoiloRTC Br. 54, Gubat, SorsogonAtty. Michael Angelo S. RitoRTC Br. 38, Daet, Camarines NorteAtty. Edna B. NantesRTC Br. 13, Ligao, ALbayAtty. Cyril T. ObelidorRTC Br. 15, Tabaco, AlbayAtty. Nicolas A. OcampoRTC Br. 25, Naga City, Camarines SurAtty. Siegfried S. TayoRTC Br. 23, Naga City, Camarines SurAtty. Liza D. Zabala-CariñoRTC Br. 29, Libmanan, Camarines Sur


REGION IVMs. Ma. Eloisa L. AlveroMTCC Br. 2, San Pablo City, LagunaMr. Celso P. FandiñoMTCC Br. 3, San Pablo City, LagunaMs. Filipina A. FandiñoMTCC OCC, San Pablo City, LagunaMs. Marijoy M. MapaladMTCC Br. 3, Lipa City

REGION VIMr. Raymond M. DimaanoMTCC Br. 1, Sorsogon City, Sorsogon


REGION IVMs. Concepcion Ligaya A. AguirreMTC, Mulanay, Quezon


Ms. Mary Odette C. AseocheMTC Cardona, RizalMs. Nenette V. DolorMTC San Pascual, BatangasMs. Mederlyn F. OrfanelMTC, Pitogo, QuezonMs. Zenaida R. RamirezMTC Cuenca, BatangasMs. Alicia M. SalimoMTC San Juan, Batangas

REGION VMs. Delilah E. CanariaMTC Vinzons, Camarines Norte


REGION IVMr. Junny F. AnastacioMCTC San Andres-Calatrava, RomblonMs. Shirley E. Dela PeñaMCTC, Atiminan-Plaridel, QuezonMs. Leona M. MasangcayMCTC, Mabini-Tingloy, BatangasMs. Ma. Antonieta C. RamosMCTC, Alabat, Quezon

REGION VMs. Mildred G. GarridoMCTC, Matnog-Sta. Magdalena, SorsogonMs. Melissa D. LastrillaMCTC, Casiguran-Juban, SorsogonAlfred G. LimMCTC, Mandaun-Balud, Masbate

REGION VIMs. Arlene S. SumayoMCTC Sta. Barbara, Iloilo

The 7th Orientation Seminar-Workshop for NewlyAppointed Clerks of Court was held on November 6 to 8,2008, at the Oasis Hotel, Angeles City, Pampanga. Inattendance were 64 newly appointed clerks of court.

REGIONAL TRIAL COURT

REGION IAtty. Mylene May G. Adube-CabuagRTC Br. 6, Baguio CityAtty. Frenzel A. AyongRTC OCC, La Trinidad BenguetAtty. Cheryll D. CabañeroRTC Br. 72, Narvacan, Ilocos SurAtty. Philip M. CruzRTC Br. 40, Dagupan City, PangasinanAtty. Michelle P. ExiomoRTC Br. 44, Dagupan City, Pangasinan

Atty. Linda B. GumabolRTC Br. 9, La Trinidad, BenguetAtty. Jennylene T. IsipRTC Br. 26, San Fernando, La UnionAtty. Mc Donald B. MalicdemRTC Br. 42, Dagupan City, PangasinanAtty. Linda G. Montes-LoloyRTC OCC, Baguio CityAtty. Leonora P. NovelaRTC Br. 16, Laoag City, Ilocos NorteAtty. Jennifer C. PailasRTC Br. 29, Cabanatuan City, Nueva EcijaAtty. Geraldine B. RamosRTC Br. 20, Vigan, Ilocos SurAtty. Benjamin P. SapitulaRTC Br. 34, Balaoan, La UnionAtty. Bernardita A. SoteloRTC Br. 67, Bauang, La UnionAtty. Charisma Naida S. CastilloRTC Br. 21, Vigan, Ilocos Sur

REGION IIAtty. Marvin P. AnicetoRTC Br. 26, Alfonso Lista, IfugaoAtty. Mary Jane Aranca-AndomangRTC Br. 25, Tabuk, KalingaAtty. Remalie C. CorbeRTC Br. 32, Cabarroguis, QuirinoAtty. Ronaldo M. DaquioagRTC Br. 4, Tuguegarao, CagayanAtty. Voltaire B. GarciaRTC OCC, Bambang, Nueva VizcayaAtty. Pascual P. Kimayong, Jr.RTC Br. 14, Lagawe, IfugaoAtty. Augusto T. Solonio, Jr.RTC Br. 27, Bayombong, Nueva VizcayaAtty. Nelson B. Castillejos, Jr.RTC OCC, Cauayan, Isabela

REGION IIIAtty. Vanessa F. BernardoRTC Br. 82, Malolos, BulacanAtty. Julius King G. CruzRTC Br. 86, Cabanatuan City, Nueva EcijaAtty. Denise A. DacanayRTC OCC, Angeles City, PampangaAtty. Florida F. Daquiz-Sta. MariaRTC Br. 25, Cabanatuan City, Nueva EcijaAtty. Amy Linda D.C. DimarucotRTC Br. 33, Guimba, Nueva EcijaAtty. Marlyds L. Estardo-TeodoroRTC OCC, San Fernando, PampangaAtty. Melvin M. MalangRTC Br. 32, Guimba, Nueva EcijaAtty. Anselma D. MedinaRTC Br. 59, Angeles City, Pampanga


Mr. Victoriano B. Villanueva, Jr.MTC Rosario,La Union

REGION IIMr. Alejo T. TolledoMTC Ibayat, BatanesMs. Susan G. VillamorMTC, Echuage, Isabela

REGION IIIMs. Leticia C. GenerMTC San Ildefonso, BulacanMs. Marissa S. SamsonMTC Arayat, PampangaMs. Melody M. TolentinoMTC Angat, Bulacan


REGION IMr. Raul O. DazaMCTC Bagulin-Burgos, La UnionMr. Agapito J. TorioMCTC Br. 1, Labrador-Sual, Pangasinan

REGION IIMr. Gaspar A. BuminaangMCTC Tamauini-Delfin Albano, IsabelaMr. Fred R. Reyes, Jr.MCTC, Tinglaya-Tanudan, KalingaMs. Josephine Bonita S. CabacunganMCTC, Alfonso Lista-Aguinaldo-Ifugao

The 8th Orientation Seminar-Workshop for NewlyAppointed Clerks of Court was held on December 11 to 13,2007, at the Crown Regency Hotel, Davao City. Inattendance were 39 newly appointed clerks of court.


REGION IXAtty. Jerry A. AndrinoRTC OCC, Dipolog CityAtty. Leila Ann A. DigalRTC Br. 30, Aurora, Zamboanga del SurAtty. Kristine Marie Therese O. GayapaRTC Br. 8, Dipolog City

REGION XAtty. Marla M. AvilaRTC OCC, Oroquieta City, Misamis OccidentalAtty. Susan S. AzaresRTC Br. 11, Manolo Fortich, BukidnonAtty. Glenn Mar P. AcasRTC Br. 36, General Santos CityAtty. Marrietta T. GaldoRTC Br. 21, Cagayan de Oro City

Atty. Anne Eillene S. MoralesRTC Br. 24, Cabanatuan City, Nueva EcijaAtty. Jose Eduardo B. NarcisoRTC Br. 66, Capas, TarlacAtty. Emelyn C. OrtegaRTC Br. 45, San Fernando, PampangaAtty. Donna Michelle I. PinlacRTC Br. 43, Gapan, Nueva EcijaAtty. Emelita M. PortilloRTC Br. 30, Cabanatuan City, Nueva EcijaAtty. Aurora V. Rey MatiasRTC Br. 80, Malolos, BulacanAtty. Maria Rehgeis C. ReyesRTC Br. 42, San Fernando, PampangaAtty. Ron F. SalmoRTC OCC, San Jose City, Nueva EcijaAtty. Mary Grace E. SalvadorRTC Br. 85, Malolos, BulacanAtty. Charlemagne T. CalilungRTC Br. 48, San Fernando, PampangaAtty. Rhoderick P. CaraigRTC Br. 84, Malolos, Bulacan

REGION IVAtty. Maria Luz C. ColesRTC OCC, San Pedro, LagunaAtty. Jacqueline R. SuingRTC Br. 16, Cavite City


REGION IMr. Roberto V. BallesterosMTCC Br. 3, Dagupan City, PangasinanMr. Victorio A. DionMTCC OCC, Dagupan City, PangasinanMs. Vivien A. PaguioMTCC Br. 4, Baguio City

REGION IIMs. Hariett Leona T. CiprianoMTCC OCC, Tuguegarao, CagayanMs. Ruby May Tomas-TienzoMTCC Br. 1, San Jose City, Nueva Vizcaya

REGION IIIMs. Rency Arellano-SantosMTCC, San Jose Del Monte City


REGION IMs. Zita Montserrat D. BringasMTC Sto. Domingo, Ilocos SurMs. Malou M. CeraMTC, Mapandan, PangasinanMs. Elnora M. OrealMTC Balaoan, La Union (Continued on NEXT page)


Atty. Maria Luna Llena G. LanticseRTC Br. 38, Cagayan De Oro CityAtty. Sabrina B. LagamonRTC Br. 25, Cagayan De Oro CityAtty. Alma Lorejo-SabugaRTC Br. 28, Mambajao, CamiguinAtty. Raphael Phyllis L. MissionRTC Butuan CityAtty. Nelison U. Pajarillo-SalcedoRTC Br. 41, Cagayan de Oro CityAtty. Evelyn Georgina R. Pangilinan-PalerRTC Br. 37, Cagayan de Oro CityAtty. Arnold B. PedrosaRTC Br. 26, Medina, Misamis OrientalAtty. Carlou Mae W. ToribioRTC Br. 8, Malaybalay, BukidnonAtty. Noreen A. Villaroman-AtoRTC Br. 4, Butuan City

REGION XIAtty. Bathsheba N. Baldoza-AguhobRTC OCC, Mati, Davao OrientalAtty. Anthony A. BarluadoRTC Br. 38, Alabel, SaranganiAtty. Jill Rose S. Jaugan-LoRTC Br. 33, Davao CityAtty. Baisy R. MabutiRTC Br. 20, Malita (Digos), Davao del SurAtty. Maria Eloisa A. MaglanaRTC Br. 15, Davao City

REGION XIIAtty. Jihan Gift C. GonzagaRTC Br. 6, Iligan CityAtty. Fe B. JimenoRTC Br. 5, Iligan CityAtty. Ishac L. MangondatoRTC Br. 4, Iligan City


REGION IXMr. George P. NovesterasMTCC Br. 1, Pagadian City

REGION XMr. Rube K. Gamolo, Jr.MTCC Malaybalay, Bukidnon


REGION XMs. Luzviminda G. HernandezMTC Buenavista, Agusan del NorteMr. Spencer M. ToribioMTC Nasipit, Agusan del Norte

REGION XIMs. Ma. Florida C. MelioMTCC OCC, IGACOS

REGION XIIMr. Samuel S. GuillermoMTC Palimbang, Sultan Kudarat


REGION VIIMs. Antonieta P. MendezMCTC Valencia-Bacong, Negros Oriental

REGION IXMs. Nenita D. Tenefrancia7th MCTC, Liloy-Tampisilan, Zamboanga Del Norte

REGION XMs. Melody M. Almeda8th MCTC Initao-Libertad, Misamis OrientalMs. Rebecca P. Balabat9th MCTC, Laguindingan-Gitagum, Misamis OrientalMr. Lauro R. Cid, Jr.MCTC Jasaan-Claveria, Misamis Oriental

REGION XIMs. Miraflor B. Luna3rd MCTC Tago-San Miguel, Surigao del SurMs. Marybeth Montero-BalasaMCTC Bansalan-Magsaysay, Davao del Sur

SHARI’A COURTS

REGION XIIMr. Rashid S. Rachman14th SCC, Kabacan-Carmen-Banisilan, North CotabatoMr. Montazir A. Solaiman11th SCC Palimbang, Sultan Kudarat

RJCEP

The Philippine Judicial Academy conducted theRegional Judicial Career Enhancement Program (Level 5) forRegional Trial Court and First Level Trial Court Judges of Region8 on October 24 to 26, 2007, at the Leyte Park Hotel,Magsaysay Boulevard, Tacloban City. A total of 109participants attended the said program.

On the other hand, the Regional Judicial CareerEnhancement Program (Level 5) for Regional Trial Court andFirst Level Trial Court Judges of Region X was conductedon December 4 to 6, 2007, at the Dynasty Court Hotel,Cagayan de Oro City. A total of 83 participantsattended the program.


SPECIAL FOCUS

PROGRAMS

SEMINAR-WORKSHOP FOR JUDGES,PROSECUTORS, AND LAW ENFORCERS

ON DRUGS LAW

Three batches of the program Seminar-Workshop forJudges, Prosecutors and Law Enforcers on Drugs Law wereall conducted in the fourth quarter of this year.

One hundred twenty-one participants attendedthe seminar-workshop on October 10 to 12, 2007, atthe Royal Mandaya Hotel, Davao City. One hundredseven participants attended the seminar-workshopon November 21 to 23, 2007, at the Fort IlocandiaResort, Laoag City. One hundred twenty-nineparticipants attended the seminar-workshop onDecember 5 to 7, 2007, at the Tagaytay Country Hotel,Tagaytay City.

The participants were updated on theclassification of drugs, controlled precursors andchemicals; identifying, gathering, handling,presenting and proper use of drug evidence; arrests;search and seizure; well-tested trial techniques; andnew procedures and the latest relevant jurisprudence.The workshops focused on identifying problemsencountered in prosecuting drug related cases, andits solutions.

RULE ON THE WRIT OF AMPARO

Among the significant activities of the Academythis quarter were on educating the members of thejudiciary, specifically targeting the Bench and Bar onthe multi-faceted Rule on the Writ of Amparo.

On October 15, 2007, the Lecture Forum on the Ruleon the Writ of Amparo for Regional Trial Court Judges of theNational Capital Region was held at the Court of AppealsAuditorium, Manila. A total of 232 participantsattended this activity.

Subsequently, the Video Conference on the Rule onthe Writ of Amparo for Regional Trial Court Judges, Clerks ofCourt and Branch Clerks of Court for the 3rd, 4th, 7th, and 11th

Judicial Regions was conducted on November 12, 2007,at the Court of Appeals Auditorium for Manilaparticipants, Waterfront Hotel for Cebu Cityparticipants, and The Royal Mandaya for Davaoparticipants. A total of 248 RTC Judges, RTC Clerks ofCourts, RTC Branch Clerks of Court, CA Cebu DeputyClerks of Court, and guests attended the activity.

The Writ of Amparo – an International Perspective, lecturetitle of the Third Distinguished Lecture for the Year2007 was delivered by Ms. Abigail Hansen Goldmanon December 7, 2007, at the University of the EastConference Hall, Claro M. Recto Avenue, Manila, whichwas simultaneously participated in by judges andclerks of court of Benguet and La Union via videoconferencing at the Session Hall, Supreme CourtBaguio.

Chief Justice Reynato S. Puno, in his ClosingRemarks, congratulated PHILJA and its partners ineducating the public surrounding issues regarding the“greatest lethal weapon to protect the constitutionalrights of the people.” On the Rule, he said that “x x xno matter how good its intent, the Rule ultimately isonly as effective as the judges and justices enforcing it.If the positive developments posted that have beenposted at this early stage in our enforcement of amparowere to be indicators, success seems imminent in ourcrusade to protect human rights. x x x”

CEDAW AND GENDER SENSITIVITY

The Academy, in partnership with theSandiganbayan, conducted the Seminar-Workshop onCEDAW and Gender Sensitivity for Sandiganbayan Employeeson October 26, 2007, at Sandiganbayan,Commonwealth Avenue, Quezon City. A total of 33lawyers and legal researchers participated in theseminar-workshop.

On the other hand, the Seminar-Workshop on CEDAW,Gender Sensitivity and the Courts for Supreme Court Attorneyswas conducted on November 8 to 9, 2007, at theTraining Center, Supreme Court, Manila, with 36participants.

SEMINAR-WORKSHOP ON DISCERNMENT

Pioneered in partnership with the AlternatiaveLaw Groups, Inc. (ALG) was the Seminar-Workshop onDiscernment held on November 19 to 20, 2007, at theAmigo Terrace Hotel, Iloilo City. The 131 participantsestablished a consesus on how discernment inchildren between the ages of fifteen (15) and eighteen(18) years is determined. The guidelines andrecommendations about who determines discernmentand how to determine it as outputs of their workshopswould be presented to the Court for adoption in theImplementing Rules and Regulations of the JuvenileJustice and Welfare Law (R.A. No. 9344).


CONVENTIONS

CLAPHIL

The 3rd National Convention Seminar and Election Officersof the Court Librarians Association of the Philippines, Inc.(CLAPHIL) was held on October 17 to 19, 2007, at theBaguio-Benguet Community Credit Cooperative(BBCCC), Baguio City with the theme, “RevitalizingLibrary Services of the Court Libraries.” Twenty-five courtlibrarians across the country, attended the activity.

PTLJI

The National Convention-Seminar of the Philippine TrialJudges League, Inc. (PTLJI) was conducted on November 8to 10, 2007, at the Garden Orchid Hotel, ZamboangaCity with the theme, “Upholding the Rule of Law and toServe the People, a Continuing Commitment of the First LevelCourts.” A total of 316 trial court judges attended thisannual activity.

PJA

The Convention and Seminar of the Philippine JudgesAssociation (PJA) was held on October 17 to 19, 2007, atthe Manila Hotel, with the theme, “The Judiciary:Responsive, Uncompromising and Committed to the PublicGood.” A total of 658 judges from all over the countryattended the convention.

COSTRAPHIL

The 2nd Convention and Seminar of the Court StenographersAssociation of the Philippines (COSTRAPHIL) (SouthernTagalog Chapter) was conducted on November 28 to 29,2007, at the Development Academy of the Philippines,Tagaytay City with the theme, “Cooperative Reigns inCOSTRAPHIL.” A total of 312 stenographers attendedthis biennial event.

COCAP

The 8th Convention and Seminar of the Regional Trial Court(RTC) Clerks of Court Association of the Philippines (COCAP)was held n November 27 to 29, 2007, at the Prince PlazaHotel, Baguio City with the theme, “Clerks of Court inAction, No Fear, No Favor.” A total of 366 participantsattended the event.

MULTI-SECTORAL SEMINAR-WORKSHOP

ON AGRARIAN JUSTICE

The Philippine Judicial Academy and theAgrarian Justice Foundation Inc. (AJFI), inpartnership with the Department of Agrarian Reform(DAR), the Department of Justice (DOJ), theInterchurch Organisation for Development Co-operation (ICCO), and the Initiatives for Dialogue andEmpowerment through Alternative Legal Services(IDEALS), conducted the Multi-Sectoral Seminar-Workshop on Agrarian Justice for Judges of Selected First andSecond Level Courts in the Province of Iloilo on November27 to 29, 2007, at the Centennial Resort Hotel andConvention Center, Iloilo City.

A total of 51 participants attended the seminar-workshop comprising judges, prosecutors, publicattorneys, representatives from DAR, the PhilippineNational Police, the Commission on Human Rights,and civil society. The participants were provided abetter understanding of the implementation of theagrarian reform program through the variouslectures on the basic laws, jurisprudence andimplementing rules of agrarian laws as well asdiscussion of issues and conflicts affecting theimplementation of the agrarian laws through smallgroup workshops.

PERSONAL SECURITY TRAINING

FOR JUDGES

In coordination with the Supreme CourtCommittee on Security, the Office of the CourtAdministrator (OCA), the Program ManagementOffice (PMO), and the National Bureau of Investigation(NBI), and in partnership with the Rule of LawEffectiveness (ROLE), the Academy conducted thePersonal Security Training for Judges on December 5 to 7,2007, at the PHILJA Development Center, TagaytayCity. A total of 33 judges attended the trainingprogram which highlighted on Threat Awarenessand Personal Security Measures. The participantswere likewise oriented on the proper and practicaluse of firearms, basics of marksmanship andimportance of proficiency.

SPECIAL FOCUS

PROGRAMS


COURT-ANNEXED MEDIATION

The Orientation Conference with Stakeholders on Court-Annexed Mediation (Bicol Mediation Program) was held onOctober 5, 2007, at the Avenue Plaza Hotel, Naga Citywith a total of 141 participants in attendance.

BASIC MEDIATION COURSES

The Basic Mediation Course for Bicol and Iligan MediationProgram was conducted on November 12 to 15, 2007,at the Villa Caceres Hotel, Naga City, Camarines Sur;and on November 20 to 23, 2007, at the Crystal Inn,Ma. Cristina Subdivision, Iligan City, Lanao del Sur.Fifty-one prospective mediators attended the BicolMediation Program while 45 prospective mediatorsattended the Iligan Mediation Program.

In partnership with the United States Agency forInternational Development (USAID) and The AsiaFoundation (TAF), the Academy and the Court ofAppeals conducted the Basic Mediation Course: A Skills-Building Workshop for New Mediators in the Court of Appeals(Cebu and Cagayan de Oro) on December 11 to 14, 2007,at the Marco Polo Hotel, Cebu City. A total of 44prospective mediators, from the ranks of retired Courtof Appeals justices, and judges; senior members of theBar; and senior professors of Cebu and Cagayan deOro attended the said program.

APPEALS COURT MEDIATION

In partnership with the United States Agency forInternational Development (USAID) and The AsiaFoundation (TAF), PHILJA and the Court of Appealsconducted two batches of the program Advocates Forumfor Stakeholders on Appeals Court Mediation in the lastquarter of the year. One batch comprise 66 prospectivemediators of the Cebu Mediation Program held onNovember 27, 2007, at the Marco Polo Hotel, Cebu City.The other batch comprise 79 prospective mediators ofthe Cagayan De Oro Mediation Program conductedon December 4, 2007, at the Pryce Plaza Hotel, Cagayande Oro City.

ON MEDIATIONDEVELOPMENT PROGRAM

FOR JUDICIAL PERSONNEL

ORIENTATION-WORKSHOP ON THE CODE OF

CONDUCT FOR COURT PERSONNEL

The Philippine Judicial Academy, in coordinationwith the Program Management Office (PMO), UnitedStates Agency for International Development (USAID),and the American Bar Association-Rule of LawInitiative (ABA-ROLI), conducted a number of theprogram Judicial Reform Advocacy: Orientation-Workshopon the Code of Conduct in the last quarter of the year. Atotal of 2,233 court personnel benefitted from theprogram in batches broken down as follows:

Nueva Ecija court personnelVenue: La Parilla Hotel, Cabanatuan City171 participants - October 9151 participants - October 10175 participants - October 11

Bohol court personnelVenue: Bohol Tropics Resort, Tagbilaran City117 participants - October 16114 participants - October 17

Camarines Sur court personnelVenue: Villa Caceres Hotel, Naga City103 participants - November 6103 participants - November 7103 participants - November 8

Negros Occidental court personnelVenue: Grand Regal Hotel, Bacolod City147 participants - November 13156 participants - November 14157 participants - November 15

Bulacan court personnelVenue: Barcie International Center, Malolos, Bulacan99 participants - November 2094 participants - November 2187 participants - November 22

Selected court personnel of Region VIIIVenue: Leyte Park Hotel, Tacloban City127 participants - November 27134 participants - November 28195 participants - November 29

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CIVIL LAW“Doing business”; meaning of; what does itinclude

As to the first sub-issue, PIL insists that itssole act of “transacting” or “doing business” inthe Philippines consisted of its investment in PPHI.Under Philippine law, PIL’s mere investment inPPHI does not constitute “doing business.”However, we affirm the lower courts’ ruling anddeclare that, based on the allegations in Todaro’scomplaint, PIL was doing business in thePhilippines when it negotiated Todaro’semployment with PPHI. Section 3(d) of RepublicAct No. 7042, Foreign Investments Act of 1991,states:

The phrase “doing business” shall includesoliciting orders, service contracts, openingoffices, whether called “liaison” offices orbranches; appointing representatives ordistributors domiciled in the Philippines orwho in any calendar year stay in the countryfor a period or periods totaling 180 days ormore; participating in the management,supervision or control of any domesticbusiness, firm, entity or corporation in thePhilippines; and any other act or acts that implya continuity of commercial dealings orarrangements and contemplate to that extent

ELECTION LAWRules to be followed in judicial proceedings forinclusion, exclusion and correction of names ofvoters

Section 32 of Republic Act No. 8189 prescribesthe rules to be followed in judicial proceedings forinclusion in the permanent list of voters, as follows:

Sec. 32. Common Rules Governing Judicialproceedings in the Matter of Inclusion, Exclusion,and Correction of Names of Voters. -

a) Petition for inclusion, exclusion orcorrection of names of voters shall be filedduring office hours;

b) Notice of the place, date and time of thehearing of the petition shall be served uponthe members of Board and the challengedvoter upon filing of the petition. Service ofsuch notice may be made by sending a copythereof by personal delivery, by leaving itin the possession of a person of sufficientdiscretion in the residence of the challengedvoter or by registered mail. Should theforegoing procedures not be practicable, thenotice shall be posted in the bulletin boardof the city or municipal hall and in twoother conspicuous places within the cityor municipality;

c) A petition shall refer only to one precinctand implead the Board as respondents;

d) No costs shall be assessed against any partyin these proceedings. However, if the courtshould find that the application has beenfiled solely to harass the adverse party andcause him to incur expenses, it shall orderthe culpable party to pay the costs andincidental expenses;

e) Any voter, candidate or political party whomay be affected by the proceedings mayintervene and present his evidence;

f) The decision shall be based on the evidencepresented and in no case rendered upon astipulation of facts. If the question iswhether or not the voter is real or fictitious,his nonappearance on the day set forhearing shall be prima facie evidence that thechallenged voter is fictitious; and

g) The petition shall be heard and decidedwithin 10 days from the date of its filing.Cases appealed to the Regional Trial Courtshall be decided within 10 days fromreceipt of the appeal. In all cases, the courtshall decide these petitions not later than15 days before the election and the decisionshall become final and executory.

(Ynares-Santiago, J., Mamasaw Sultan Ali v. Hon.Baguinda Ali Pacalna, Presiding Judge, Hon.Pundaya A. Berua, Acting Presiding Judge, HadjiIbra Darimbang, Clerk of Court and Mandag U.Batua-An, Court Stenographer, all of the MunicipalCircuit Trial Court, Municipality of Balindong,Province of Lanao del Sur, A.M. No. MTJ-03-1505,September 25, 2007.)


the performance of acts or works, or theexercise of some of the functions normallyincident to, and in progressive prosecution ofcommercial gain or of the purpose and objectof the business organization: Provided, however,That the phrase “doing business” shall not bedeemed to include mere investment as ashareholder by a foreign entity in domesticcorporations duly registered to do business,and/or the exercise of rights as such investor;nor having a nominee director or officer torepresent its interests in such corporation; norappointing a representative or distributordomiciled in the Philippines which transactsbusiness in its own name and for its ownaccount; (Emphases added)

PIL’s alleged acts in actively negotiating toemploy Todaro to run its pre-mixed concreteoperations in the Philippines, which acts arehypothetically admitted in PIL’s motion to dismiss,are not mere acts of a passive investor in a domesticcorporation. Such are managerial and operationalacts in directing and establishing commercialoperations in the Philippines. The annexes thatTodaro attached to his complaint give us an ideaon the extent of PIL’s involvement in thenegotiations regarding Todaro’s employment. InAnnex “E,” McDonald of Pioneer Concrete GroupHK confirmed his offer to engage Todaro as aconsultant of PIL. In Annex “F,” Todaro acceptedthe consultancy. In Annex “H,” Klepzig of PPHIstated that PIL authorized him to tell Todaro aboutthe cessation of his consultancy. Finally, in Annex“I,” Folwell of PIL wrote to Todaro to confirm that“Pioneer” no longer wishes to be associated withTodaro and that Klepzig is authorized to terminatethis association. Folwell further referred to a Dr.Schubert and to Pioneer Hong Kong. Theseconfirmations and references tell us that, in thisinstance, the various officers and companies underthe Pioneer brand name do not work independentlyof each other. It cannot be denied that PIL hadknowledge of and even authorized the non-implementation of Todaro’s alleged permanentemployment. In fact, in the letters to Todaro, theword “Pioneer” was used to refer not just to PILalone but also to all corporations negotiating withTodaro under the Pioneer name.

As further proof of the interconnection of thevarious Pioneer corporations with regard to theirnegotiations with Todaro, McDonald of Pioneer

Concrete Group HK confirmed Todaro’sengagement as consultant of PIL (Annex “E”) whileFolwell of PIL stated that Todaro renderedconsultancy services to Pioneer HK (Annex “I”).In this sense, the various Pioneer corporationswere not acting as separate corporations. Thebehavior of the various Pioneer corporationsshoots down their defense that the corporationshave separate and distinct personalities,managements, and operations. The various Pioneercorporations were all working in concert tonegotiate an employment contract between Todaroand PPHI, a domestic corporation.

Finally, the phrase “doing business in thePhilippines” in the former version of Section 12,Rule 14 now reads “has transacted business in thePhilippines.” The scope is thus broader in that itis enough for the application of the Rule that theforeign private juridical entity has transactedbusiness in the Philippines.

(Carpio, J. Pioneer International, Ltd. v. Hon. TeofiloGuadiz, Jr., in his capacity as Presiding Judge ofRegional Trial Court, Branch 147, Makati City, andAntonio D. Todaro, G.R. No. 156848, October 11,2007.)

No Law Allows the Change of Entry in the BirthCertificates as to Sex on the Ground of SexReassignment

The determination of a person’s sex appearingin his birth certificate is a legal issue and the courtmust look to the statutes. In this connection,Article 412 of the Civil Code provides:

Art. 412. No entry in the civil register shall bechanged or corrected without a judicial order.

Together with Article 376 of the Civil Code, thisprovision was amended by R.A. No. 9048 in so faras clerical or typographical errors are involved. Thecorrection or change of such matters can now bemade through administrative proceedings andwithout the need for a judicial order. In effect, R.A.No. 9048 removed from the ambit of Rule 108 ofthe Rules of Court the correction of such errors.Rule 108 now applies only to substantial changesand corrections in entries in the civil register.


CIVIL LAW (continued)

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Section 2(c) of R.A. No. 9048 defines what a“clerical or typographical error” is:

Section 2. Definition of Terms. – As used in thisAct, the following terms shall mean:

x x x x

(3) “Clerical or typographical error ”refers to a mistake committed in theperformance of clerical work inwriting, copying, transcribing ortyping an entry in the civil registerthat is harmless and innocuous, suchas misspelled name or misspelled placeof birth or the like, which is visible tothe eyes or obvious to theunderstanding, and can be correctedor changed only by reference to otherexisting record or records: Provided,however, That no correction mustinvolve the change of nationality, age,status or sex of the petitioner.

Under R.A. No. 9048, a correction in the civilregistry involving the change of sex is not a mereclerical or typographical error. It is a substantialchange for which the applicable procedure is Rule108 of the Rules of Court.

The entries envisaged in Article 412 of the CivilCode and correctable under Rule 108 of the Rulesof Court are those provided in Articles 407 and 408of the Civil Code:

Art. 407. Acts, events and judicial decreesconcerning the civil status of persons shall berecorded in the civil register.

Art. 408. The following shall be entered in thecivil register:

(1) Births;(2) marriages;(3) deaths;(4) legal separations;(5) annulments of marriage;(6) judgments declaring marriages void

from the beginning;(7) legitimations;(8) adoptions;(9) acknowledgments of natural children;(10) naturalization;(11) loss, or(12) recovery of citizenship;(13) civil interdiction;(14) judicial determination of filiation;

CIVIL LAW (continued)

(15) voluntary emancipation of a minor;and

(16) changes of name.

The acts, events or factual errors contemplatedunder Article 407 of the Civil Code include eventhose that occur after birth. However, noreasonable interpretation of the provision canjustify the conclusion that it covers the correctionon the ground of sex reassignment.

(Corona, J., Rommel Jacinto Dantes Silverio v.Republic of the Philippines, G.R. No. 174689,October 19, 2007.)

New Rule on petition for declaration of absolutenullity of void marriages

Under the Rule on Declaration of AbsoluteNullity of Void Marriages and Annulment ofVoidable Marriages,1[9] which took effect on March15, 2003, the foregoing guidelines have beenmodified. Section 2(d) of the said Rule provides:

Sec. 2. Petition for declaration of absolute nullityof void marriages.-

x x x x

(d) What to allege.- A petition under Article36 of the Family Code shall specificallyallege the complete facts showing thateither or both parties werepsychologically incapacitated fromcomplying with the essential maritalobligations of marriage at the time ofthe celebration of marriage even ifsuch incapacity becomes manifest onlyafter its celebration.

The complete facts should allegethe physical manifestations, if any, asare indicative of psychologicalincapacity at the time of thecelebration of the marriage but expertopinion need not be alleged.

The new Rule dispensed with the certificationfrom the Solicitor General, stating therein hisreasons for his agreement or opposition to thepetition. Attachment of expert opinions to thepetition is also dispensed with.

(Austria-Martinez, J., Orlando G. Tongol v.Filipinas M. Tongol, G.R. No. 157610, October 19,2007.)

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LABOR LAWStrike; when is a strike illegal; what does itencompass

Noted authority on labor law, Ludwig Teller,lists six (6) categories of an illegal strike, viz:

(1) [when it] is contrary to a specific prohibitionof law, such as strike by employeesperforming governmental functions; or

(2) [when it] violates a specific requirement oflaw, [such as Article 263 of the Labor Codeon the requisites of a valid strike]; or

(3) [when it] is declared for an unlawfulpurpose, such as inducing the employer tocommit an unfair labor practice againstnon-union employees; or

(4) [when it] employs unlawful means in thepursuit of its objective, such as awidespread terrorism of non-strikers [forexample, prohibited acts under Art. 264(e)of the Labor Code]; or

(5) [when it] is declared in violation of anexisting injunction,[such as injunction,prohibition, or order issued by the DOLESecretary and the NLRC under Art. 263 ofthe Labor Code]; or

(6) [when it] is contrary to an existingagreement, such as a no-strike clause orconclusive arbitration clause.

Petitioner Union contends that the protests orrallies conducted on February 21 and 23, 2001 arenot within the ambit of strikes as defined in theLabor Code, since they were legitimate exercises oftheir right to peaceably assemble and petition thegovernment for redress of grievances. Mainlyrelying on the doctrine laid down in the case ofPhilippine Blooming Mills Employees Organization v.Philippine Blooming Mills Co., Inc., it argues that theprotest was not directed at Toyota but towards theGovernment (DOLE and BLR). It explains that theprotest is not a strike as contemplated in the LaborCode. The Union points out that in PhilippineBlooming Mills Employees Organization, the massaction staged in Malacañang to petition the ChiefExecutive against the abusive behavior of somepolice officers was a proper exercise of theemployees’ right to speak out and to peaceablygather and ask government for redress of theirgrievances.

The Union’s position fails to convince us.

While the facts in Philippine Blooming MillsEmployees Organization are similar in some respectsto that of the present case, the Union fails to realizeone major difference: there was no labor dispute inPhilippine Blooming Mills Employees Organization. Inthe present case, there was an on-going labordispute arising from Toyota’s refusal to recognizeand negotiate with the Union, which was thesubject of the notice of strike filed by the Union onJanuary 16, 2001. Thus, the Union’s reliance onPhililippine Blooming Mills Employees Organization ismisplaced, as it cannot be considered a precedentto the case at bar.

A strike means any temporary stoppage of workby the concerted action of employees as a result ofan industrial or labor dispute. A labor dispute, inturn, includes any controversy or matterconcerning terms or conditions of employment orthe association or representation of persons innegotiating, fixing, maintaining, changing, orarranging the terms and conditions of employment,regardless of whether the disputants stand in theproximate relation of the employer and theemployee.

In Bangalisan v. Court of Appeals, it was explainedthat “[t]he fact that the conventional term ‘strike’was not used by the striking employees to describetheir common course of action is inconsequential,since the substance of the situation and not itsappearance, will be deemed controlling.” The term“strike” has been elucidated to encompass not onlyconcerted work stoppages, but also slowdowns,mass leaves, sit-downs, attempts to damage, destroy,or sabotage plant equipment and facilities, andsimilar activities.

(Velasco, Jr., J. Toyota Motor Phils. Corp. WorkersAssociation (TMPCWA) v. National Labor RelationsCommission, G.R. No. 158798-99, October 19, 2007.)

AGRARIAN LAWThe RTC acting as Special Agrarian Court has theoriginal and exclusive jurisdiction in determiningjust compensation to landowners

In the instant case, the Land Bank properlyinstituted its petition for the determination of justcompensation before the RTC in accordance withR.A. No. 6657. The RTC erred in dismissing the


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CRIMINAL LAWPlea of Guilt by the accused; guidelines in theproper conduct of a searching inquiry

Section 3, Rule 116 of the Rules of Courtprovides:

Sec. 3. Plea of guilty to capital offense; receptionof evidence.—When the accused pleads guiltyto a capital offense, the court shall conduct asearching inquiry into the voluntariness andfull comprehension of the consequences of hisplea and shall require the prosecution to provehis guilt and the precise degree to culpability. The accused may present evidence in his behalf.

Based on this rule, there are three conditionsthat the trial court must observe to obviate animprovident plea of guilt by the accused: (1)it mustconduct a searching inquiry into the voluntarinessand full comprehension by the accused of theconsequences of his plea; (2) it must require theprosecution to present evidence to prove the guiltof the accused and the precise degree of hisculpability; and (3) it must ask the accused whetherhe desires to present evidence on his behalf, andallow him to do so if he so desires.

In People v. Gumimba, we had occasion to revisitthe raison d’etre for the rule:

There is no hard and fast rule as to how ajudge may conduct a “searching inquiry,” or asto the number and character of questions he mayask the accused, or as to the earnestness withwhich he may conduct it, since each case mustbe measured according to its individual merit.However, the logic behind the rule is that courtsmust proceed with caution where the imposablepenalty is death for the reason that the executionof such a sentence is irrevocable and experiencehas shown that innocent persons have at timespleaded guilty. An improvident plea of guiltyon the part of the accused when capital crimesare involved should be avoided since he mightbe admitting his guilt before the court and thusforfeit his life and liberty without having fullycomprehended the meaning and import andconsequences of his plea. Moreover, therequirement of taking further evidence wouldaid this Court on appellate review indetermining the propriety or impropriety of theplea.

This Court, time and again, has reiterated theguidelines to be observed by the trial court in theproper conduct of a searching inquiry:

(1) Ascertain from the accused himself (a) howhe was brought into the custody of the law;(b) whether he had the assistance of acompetent counsel during the custodial andpreliminary investigations; and (c) underwhat conditions he was detained andinterrogated during the investigations. Thisis intended to rule out the possibility thatthe accused has been coerced or placedunder a state of duress either by actualthreats of physical harm coming frommalevolent quarters or simply because ofthe judge’s intimidating robes.

petition. To repeat, Section 57 of R.A. No. 6657 isexplicit in vesting the RTC, acting as a SpecialAgrarian Court, “original and exclusivejurisdiction over all petitions for the determinationof just compensation to landowners.” As we heldin Republic of the Philippines v. Court of Appeals:

x x x. It would subvert this “original andexclusive” jurisdiction of the RTC for the DARto vest original jurisdiction in compensationcases in administrative officials and make theRTC an appellate court for the review ofadministrative decisions.

Consequently, although the new rules [Section11, Rule XIII of the DARAB New Rules ofProcedure] speak of directly appealing thedecision of adjudicators to the RTCs sitting asSpecial Agrarian Courts, it is clear from Section57 that the original and exclusive jurisdictionto determine such cases is in the RTCs. Anyeffort to transfer such jurisdiction to theadjudicators and to convert the originaljurisdiction of the RTCs into appellatejurisdiction would be contrary to Section 57and therefore would be void. Whatadjudicators are empowered to do is only todetermine in a preliminary manner thereasonable compensation to be paid tolandowners, leaving to the courts the ultimatepower to decide this question.

(Sandoval-Gutierrez, J., Landbank of thePhilippines v. Frederico C. Suntay, represented byhis Assignee, Josefina Lubrica, G.R. No. 127903,October 11, 2007.)

AGRARIAN LAW (continued)


(2) Ask the defense counsel a series of questionsas to whether he had conferred with, andcompletely explained to, the accused themeaning and consequences of a plea of guilty.

(3) Elicit information about the personalityprofile of the accused, such as his age, socio-economic status, and educationalbackground, which may serve as atrustworthy index of his capacity to give afree and informed plea of guilty.

(4) Inform the accused of the exact length ofimprisonment or nature of the penaltyunder the law and the certainty that he willserve such sentence. For not infrequently,an accused pleads guilty in the hope of alenient treatment or upon bad advice orbecause of promises of the authorities orparties of a lighter penalty should he admitguilt or express remorse. It is the duty of thejudge to ensure that the accused does notlabor under these mistaken impressionsbecause a plea of guilty carries with it notonly the admission of authorship of thecrime proper but also of the aggravatingcircumstances attending it, that increasepunishment.

(5) Inquire if the accused knows the crime withwhich he is charged and to fully explain tohim the elements of the crime which is thebasis of his indictment. Failure of the courtto do so would constitute a violation of hisfundamental right to be informed of theprecise nature of the accusation against himand a denial of his right to due process.

(6) All questions posed to the accused shouldbe in a language known and understood bythe latter.

(7) The trial judge must satisfy himself that theaccused, in pleading guilty, is truly guilty.The accused must be required to narrate thetragedy or reenact the crime or furnish itsmissing details.

The searching inquiry conducted by the trialcourt falls short of these requirements.

(Tinga, J. The People of the Philippines v. EdisonMira, G.R. No. 175324, October 10, 2007.)

Prerogative of Prosecution to present witnesses

It is basic that the case of the prosecution in acriminal case depends on the strength of its evidenceand not on the weakness of the defense. This is soas proof beyond reasonable doubt is required incriminal cases. Thus, the prosecution must beafforded ample opportunity to present testimonialand documentary evidence to prove its case. A closeperusal of the antecedent facts in the instant caseshows that the prosecution had not been giventhis opportunity.

It must be emphasized that in a catena of caseswe have reiterated the principle that the matter ofdeciding who to present as a witness for theprosecution is not for the defendant or the trialcourt to decide, as it is the prerogative of theprosecutor. It cannot be overemphasized that thetrial court must accord full opportunity for theprosecution, more so in criminal cases, to adduceevidence to prove its case and to properly ventilatethe issues absent patent showing of dilatory ordelaying tactics. The reason is obvious: it is taskedto produce and adduce evidence beyond areasonable doubt. Sans such evidence, a dismissalof the criminal case on a demurrer to the evidenceis proper. In the case at bar, there was no showingthat the presentation of the three witnessespreviously approved by the trial court would bedilatory and manifestly for delay.

(Velasco, Jr., J., Jimmy T. Go v. Alberto T. Looyuko,G.R. No. 147923, October 26, 2007.)

REMEDIAL LAWMootness; four exceptions to the rule on mootness

The moot and academic principle is not amagical formula that can automatically dissuadethe courts in resolving a case. Courts will decidecases, otherwise moot and academic, if: first, thereis a grave violation of the Constitution; second, theexceptional character of the situation and theparamount public interest is involved; third, whenconstitutional issue raised requires formulation ofcontrolling principles to guide the Bench, the Bar,and the public; and fourth, the case is capable ofrepetition yet evading review.

(Continued on page 31)

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SUPREME COURT

RESOLUTION of the COURT En Banc datedDecember 4, 2007, on A.M. No. 07-7-12-SC

AMENDMENTS TO RULES 41, 45, 58 AND 65OF THE RULES OF COURT

Acting on the recommendation of the Chairpersonand Members of the Subcommittee on the Revision ofRule 65 submitting for this Court’s consideration andapproval the proposed amendments to Rules 41, 45, 58and 65 of the Rules of Court, the Court Resolved toAPPROVE the same.

This Resolution shall take effect on December 27,2007 following its publication in a newspaper of generalcirculation.

December 4, 2007.

PUNO, CJ, QUISUMBING, YNARES-SANTIAGO,SANDOVAL-GUTIERREZ, CARPIO, AUSTRIA-MARTINEZ, CORONA, CARPIO MORALES, AZCUNA,TINGA, CHICO-NAZARIO, VELASCO, JR., NACHURA,REYES, LEONARDO-DE CASTRO, JJ. concur.

AMENDMENTS TO RULES 41, 45, 58 AND 65OF THE RULES OF COURT

RULE 41

Section 1. Subject of appeal.– An appeal may be takenfrom a judgment or final order that completelydisposes of the case, or of particular matter thereinwhen declared by these Rules to be appealable.

No appeal may be taken from:

(a) An order denying a petition for relief or anysimilar motion seeking relief from judgment;

(b) An interlocutory order;

(c) An order disallowing or dismissing an appeal;

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

(e) An order of execution;

(f) A judgment or final order for or against one ormore of several parties or in separate claims,counterclaims, cross-claims and third-partycomplaints, while the main case is pending,unless the court allows an appeal therefrom;and

(g) An order dismissing an action withoutprejudice.

In any of the foregoing circumstances, theaggrieved party may file an appropriate special civilaction as provided in Rule 65.

RULE 45

Section 1. Filing of petition with Supreme Court.– Aparty desiring to appeal by certiorari from a judgment,final order or resolution of the Court of Appeals, theSandiganbayan, the Court of Tax Appeals, the RegionalTrial Court or other courts, whenever authorized bylaw, may file with the Supreme Court a verifiedpetition for review on certiorari. The petition mayinclude an application for a writ of preliminaryinjunction or other provisional remedies and shallraise only questions of law, which must be distinctlyset forth. The petitioner may seek the sameprovisional remedies by verified motion filed in thesame action or proceeding at any time during itspendency.

RULE 58

Sec. 5. Preliminary injunction not granted withoutnotice; exception.– No preliminary injunction shall begranted without hearing and prior notice to the partyor person sought to be enjoined. If it shall appear fromfacts shown by affidavits or by the verified applicationthat great or irreparable injury would result to theapplicant before the matter can be heard on notice,the court to which the application for preliminaryinjunction was made, may issue ex parte a temporaryrestraining order to be effective only for a period of 20days from service on the party or person sought to beenjoined, except as herein provided. Within the 20-day period, the court must order said party or personto show cause, at a specified time and place, why theinjunction should not be granted. The court shall alsodetermine, within the same period, whether or notthe preliminary injunction shall be granted, andaccordingly issue the corresponding order.

However, subject to the provisions of thepreceding sections, if the matter is of extreme urgencyand the applicant will suffer grave injustice andirreparable injury, the executive judge of a multiple-sala court or the presiding judge of a single-sala courtmay issue ex parte a temporary restraining ordereffective for only 72 hours from issuance, but shallimmediately comply with the provisions of the nextpreceding section as to service of summons and thedocuments to be served therewith. Thereafter, within


In election cases involving an act or an omissionof a municipal or a regional trial court, the petitionshall be filed exclusively with the Commission onElections, in aid of its appellate jurisdiction.

Sec. 7. Expediting proceedings; injunctive relief.– Thecourt in which the petition is filed may issue ordersexpediting the proceedings, and it may also grant atemporary restraining order or a writ of preliminaryinjunction for the preservation of the rights of theparties pending such proceedings. The petition shallnot interrupt the course of the principal case, unless atemporary restraining order or a writ of preliminaryinjunction has been issued, enjoining the publicrespondent from further proceeding with the case.

The public respondent shall proceed with theprincipal case within ten (10) days from the filing of apetition for certiorari with a higher court or tribunal,absent a temporary restraining order or a preliminaryinjunction, or upon its expiration. Failure of the publicrespondent to proceed with the principal case may bea ground for an administrative charge.

Sec. 8. Proceedings after comment is filed.– After thecomment or other pleadings required by the court arefiled, or the time for the filing thereof has expired, thecourt may hear the case or require the parties tosubmit memoranda. If, after such hearing or filing ofmemoranda or upon the expiration of the period forfiling, the court finds that the allegations of the petitionare true, it shall render judgment for such relief towhich the petitioner is entitled.

However, the court may dismiss the petition if itfinds the same patently without merit or prosecutedmanifestly for delay, or if the questions raised thereinare too unsubstantial to require consideration. In suchevent, the court may award in favor of the respondenttreble costs solidarily against the petitioner andcounsel, in addition to subjecting counsel toadministrative sanctions under Rules 139 and l39-Bof the Rules of Court.

The Court may impose motu proprio, based on resipsa loquitur, other disciplinary sanctions or measureson erring lawyers for patently dilatory andunmeritorious petitions for certiorari.

A.M. No. 07-7-12-SC (continued)

the aforesaid 72 hours, the judge before whom thecase is pending shall conduct a summary hearing todetermine whether the temporary restraining ordershall be extended until the application for preliminaryinjunction can be heard. In no case shall the total periodof effectivity of the temporary restraining orderexceed 20 days, including the original 72 hoursprovided herein.

In the event that the application for preliminaryinjunction is denied or not resolved within the saidperiod, the temporary restraining order is deemedautomatically vacated. The effectivity of a temporaryrestraining order is not extendible without need ofany judicial declaration to that effect, and no courtshall have authority to extend or renew the same onthe same ground for which it was issued.

However, if issued by the Court of Appeals or amember thereof, the temporary restraining ordershall be effective for 60 days from service on the partyor person sought to be enjoined. A restraining orderissued by the Supreme Court or a member thereofshall be effective until further orders.

The trial court, the Court of Appeals, theSandiganbayan or the Court of Tax Appeals thatissued a writ of preliminary injunction against alower court, board, officer, or quasi-judicial agency shalldecide the main case or petition within 6 monthsfrom the issuance of the writ.

RULE 65

Sec. 4. When and where to file the petition.– The petitionshall be filed not later than 60 days from notice of thejudgment, order or resolution. In case a motion forreconsideration or new trial is timely filed, whethersuch motion is required or not, the petition shall befiled not later than 60 days counted from the notice ofthe denial of the motion.

If the petition relates to an act or an omission of amunicipal trial court or of a corporation, a board, anofficer or a person, it shall be filed with the RegionalTrial Court exercising jurisdiction over the territorialarea as defined by the Supreme Court. It may also befiled with the Court of Appeals or with theSandiganbayan, whether or not the same is in aid ofthe court’s appellate jurisdiction. If the petitioninvolves an act or an omission of a quasi-judicialagency, unless otherwise provided by law or theserules, the petition shall be filed with and be cognizableonly by the Court of Appeals.

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MINISNISTRATIVE ORDER NO. -2

ADMINISTRATIVE CIRCULAR NO. 111-2007

TO: ALL JUDGES AND CLERKS OF COURT OFTHE FIRST AND SECOND LEVEL COURTS

SUBJECT: CLARIFICATION RELATIVE TO THENEW RULE ON LEGAL FEESINVOLVING SHERIFF’SCOMMISSIONS

The Court En Banc acting on the letter dated 24July 2007 of Atty. Enrico M. Lainez seeking clarificationrelative to the New Rule on Legal Fees InvolvingSheriff’s Commissions has issued a Resolution dated2 October 2007 in A.M. No. 07-8-392-RTC, to wit:

In a letter dated July 24, 2007 addressed tothe Office of the Court Administrator (OCA),Atty. Enrico M. Lainez sought clarification onwhether the new rule on legal fees1 repealed theprovision in the Procedure in ExtrajudicialForeclosure of Mortgage2 with respect to themaximum amount of PhP 100,000.00 payableto sheriffs under Rule 141, Section 9(1) (nowSection 10(1)) of the Rules of Court in casesinvolving extrajudicial foreclosure of mortgage.

Atty. Lainez stated that his client haspending petitions for extrajudicial foreclosurein the Regional Trial Courts (RTCs) of Manilaand Cabanatuan City. The clerks of court of thesaid RTCs computed the sheriff’s fees under thenew schedule of fees provided in the RevisedRule on Legal Fees. They claimed that itsuperseded the Procedure in ExtrajudicialForeclosure or Mortgage imposing a maximumcap of PhP 100,000.00 on sheriff’s fees. Atty.Lainez believes otherwise.

In a memorandum dated August 7, 2007,the OCA submitted Atty. Lainez’ letter for theCourt’s consideration. It stated that it had beenreceiving numerous queries on whether thelimit on sheriff’s fees in extrajudicial foreclosureof mortgage had been repealed by the new ratesof legal fees. These queries spawned variousinterpretations leading to confusion and evendisagreements in the computation of thesheriff’s fees.

_____________________________1. Revised Rule on Legal Fees per En Banc resolution dated July

20, 2004 in A.M. No. 04-2-04-SC entitled “Revision of Rule141, Revised Rules of Court”; effective August 16, 2004.

2. En Banc resolution dated January 30, 2001 in A.M. No. 99-10-05-0 entitled “Re: Procedure in Extrajudicial Foreclosure ofMortgage”; effective March 1, 2001.

The Rule on Legal Fees, Rule 141, was revisedon July 20, 2004 precisely to provide funds forthe payment of the special allowances grantedunder R.A. No. 9227. It was pointed out duringthe deliberations of the Committee headed bythen Court Administrator now Supreme CourtAssociate Justice Presbitero J. Velasco, Jr. thatthe funds for the Judiciary Development Fundsubstantially decreased by several millionsstarting March 1, 2001 when A.M. No. 99-10-05-0 was approved prescribing the ceiling ofPhp100,000.00 as maximum amount of fees forthe services of the sheriffs in the extrajudicialforeclosures. The Committee thus approved theremoval of the ceiling of Php100,000.00 to enablethe Supreme Court to raise funds for the specialallowance for the judiciary. When the RevisedRule on Legal Fees was approved per the En Bancresolution dated July 20, 2004 in A.M. No. 04-2-04-SC entitled “Revision of Rule 141, RevisedRules of Court; effective August 16, 2004,” iteffectively repealed A.M. No. 99-10-05-0 datedJanuary 30, 2001, specifically the cap ofPhP 100,000.00.

Incidentally, it has to be clarified that thefees for the services of sheriffs in extrajudicialforeclosures are not payable to the sheriffs butto the clerk of court as said funds belong to thejudiciary and not to the sheriffs. Said fees formpart of the Judiciary Development Fund and thefund for the special allowances under R.A. No.9227.

WHEREFORE, the Court declares that theEn Banc resolution dated July 20, 2004 in A.M.04-2-04-SC entitled “Revision of Rule 141,Revised Rules of Court” which became effectiveAugust 16, 2004 has repealed the PhP 100,000.00cap for the payment of the sheriff’s fees providedin A.M. No. 99-10-05-0 dated January 30, 2001.

SO ORDERED.

For the information and guidance of all concerned.

November 13, 2007.

(Sgd.) REYNATO S. PUNO Chief Justice

PHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSRESOLUTIONS, ORDERS AND CIRCULARSRESOLUTIONS, ORDERS AND CIRCULARSRESOLUTIONS, ORDERS AND CIRCULARSRESOLUTIONS, ORDERS AND CIRCULARSRESOLUTIONS, ORDERS AND CIRCULARSOctober-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007 19

ADMINISTRATIVE CIRCULAR NO. 121-2007

CREATION OF PROVINCIAL COMMITTEES ONSECURITY AND PROVIDING FOR THECOMPOSITION THEREOF

WHEREAS, some members of the judiciary andother court employees are at times threatened withbodily harm by criminal elements. For this reason,the Court must devise ways to safeguard them;

WHEREAS, the Court, through the Chief Justiceissued Memorandum Order No. 18-2007, dated 11 May2007 which reconstituted the Committee on Security(the Committee);

WHEREAS, the Committee sees the need for astructured communication route between the first andsecond level courts and the Committee on Security, tofacilitate the collection of and the dissemination ofinformation regarding security matters;

WHEREAS, the Committee realizes that securitythreats particular to a locality or province would bebetter addressed by a security committee composedof the local members of the judiciary;

WHEREAS, to address concerns there is a need tocreate provincial committees on security;

NOW THEREFORE, Committees on Security arehereby created in every province, with the followingfunctions:

(1) to facilitate the collection and disseminationof information on security matters;

(2) to aid the Task Force Judiciary Protection oninvestigations conducted within theirprovinces or jurisdictions;

(3) to address security threats specific to theirlocalities, or within their jurisdiction;

(4) to ensure that security protocols issued by theCourt are enforced within their areas; and

(5) such other functions that the Court or theCommittee on Security may designate.

The Provincial Committees on Security shall becomposed as follows:


Chairperson: Hon. Reynaldo G. Ros (Manila)Members: Quezon City (Hon. Romeo G. Zamora)

Pasay City (Hon. Pedro B. Corales)Kalookan City (Hon. Calixtro O. Adriatico)

Makati City (Hon. Winlove M. Dumayas)Pasig City (Hon. Amelia C. Manalastas)Malabon City (Hon. Emmanuel D. Laurea)Marikina City(Hon. Geraldine Fiel Macaraig)Mandaluyong City(Hon. Maria A. Cancino-Erum)Parañaque City (Hon. Zosimo V. Escano)Las Piñas City (Hon. Leopoldo E. Baraquia)Muntinlupa City(Hon. Patria Manalastas De Leon)Valenzuela City (Hon. Maria Nena J.Santos)

FIRST JUDICIAL REGION

ABRAChairperson: Hon. Charito B. Gonzales (Bangued)Member: Bucay (Hon. Elpidio C. Cablayan)

BENGUETChairperson: Hon. Edilberto T. Claravall

(Baguio City)Members: La Trinidad (Hon. Marybelle D. Mariñas)

Buguias (Hon. Agapito K. Laoagan, Jr.)

ILOCOS NORTEChairperson: Hon. Conrado A. Ragucos (Laoag City)Members: Batac (Hon. Virgilio V. Macaraig)

Bangui (Hon. Jose C. Pilar)

ILOCOS SURChairperson: Hon. Dominador Ll. Arquelada, Sr. (Vigan)Members: Narvacan (Hon. Isidoro T. Pobre)

Candon (Hon. Gavino B. Balbin, Jr.)Cabugao(Hon. Francisco Roberto D. Quilala-Acting)Tagudin (Hon. Melanio C. Rojas, Jr.)

LA UNIONChairperson: Hon. Victor M. Viloria

(San Fernando City)Members: Agoo (Hon. Clifton U. Ganay)

Bauang (Hon. Ferdinand A. Fe)Balaoan (Hon. Senacio Tan)

MT. PROVINCEChairperson: Hon. Artemio B. Marrero (Bontoc)

PANGASINANChairperson: Hon. Rolando G. Mislang (Dagupan City)Members: Lingayen (Hon. Teodoro C. Fernandez)

Urdaneta City (Hon. Tita R. Villarin)Tayug (Hon. Ulysses R. Butuyan)Alaminos City (Hon. Elpidio M. Abella)



San Carlos City (Hon. Anthony Q. Sison)Villasis (Hon. Manuel Fernandez Pastor, Jr.)Rosales(Hon. Teodorico Alfonso Pinto Bauzon)Burgos (Hon. Ma. Ellen Monje Aguilar)

SECOND JUDICIAL REGION

CAGAYANChairperson: Hon. Conrado F. Manauis (Aparri)Members: Tuguegarao City (Hon. Vilma T. Pauig)

Tuao (Hon. Orlando Deroca Beltran,Sr.)Sanchez Mira (Hon. Leo Saddul Reyes)Ballesteros (Hon. Francisco S. Donato)

BATANESChairperson: Hon. Celedonio Poncio Balasbas (Basco)

IFUGAOChairperson: Hon. Joseph Pawid Baguilat (Lagawe)Members: Alfonso Lista (Hon. Dionisio M. Buduhan)

Banaue (Hon. Ester Piscoso Flor)

ISABELAChairperson: Hon. Isaac R. De Alban (Ilagan)Members: Santiago City (Hon. Efren M. Cacatian)

Cauayan City (Hon. Raul V. Babaran)Cabagan (Hon. Felipe Jesus Torio, II)Roxas (Hon. Bernabe B. Mendoza)Echague (Hon. Bonifacio T. Ong)

KALINGAChairperson: Hon. Marcelino K. Wacas (Tabuk)

APAYAOChairperson: Hon. Quirino M. Andaya (Luna)

NUEVA VIZCAYAChairperson: Hon. Fernando F. Flor, Jr. (Bayombong)Member: Bambang (Hon. Jose Godofredo M. Naui)

QUIRINOChairperson: Hon. Moises M. Pardo (Cabarroguis)Member: Madella (Hon. Menrado V. Corpuz)

THIRD JUDICIAL REGION

AURORAChairperson: Hon. Armando A. Yanga (Baler)

BATAANChairperson: Hon. Remigio M. Escalada, Jr.

(Balanga City)Members: Mariveles (Hon. Bartolome V. Flores)

Dinalupihan (Hon. Jose Ener S. Fernando)

A. C. No. 121- 2007 (continued)

BULACANChairperson: Hon. Petrita B. Dime (Malolos City)

NUEVA ECIJAChairperson: Hon. Rodrigo S. Caspillo

(Cabanatuan City)Members: Guimba (Hon. Napoleon R. Sta. Romana)

Gapan City (Hon. Dorentino Z. Floresta)Sto. Domingo (Hon. Cholita B. Santos)San Jose City (Hon. Cicero D. Jurado, Jr.)Palayan City(Hon. Evelyn A. Atienza-Turla)

PAMPANGAChairperson: Hon. Adelaida A. Medina

(San Fernando City)Members: Guagua (Hon. Pamela Ann A. Maxino)

Macabebe (Hon. Josephine R. Mercado)Angeles City(Hon. Ma. Angelica P. Quiambao)

TARLACChairperson: Hon. Bitiy G. Biliran (Tarlac City)Members: Capas (Hon. Alipio C. Yumul)

Paniqui (Hon. Liberty O. Castañeda)Camiling (Hon. Jose S. Vallo)

ZAMBALESChairperson: Hon. Josefina D. Farrales (Iba)Member: Olongapo City

(Hon. Josefina D. Farrales - Acting)

FOURTH JUDICIAL REGION 4-A

BATANGASChairperson: Hon. Ruben A. Galvez (Batangas City)Members: Tanauan City (Hon. Hermenegildo M. Lacap)

Balayan (Hon. Elihu A. Ybañez)Lipa City (Hon. Florencio S. Arellano)Lemery (Hon. Eutiquio L. Quitain)Lipa (Hon. Danilo S. Sandoval)Nasugbu (Hon. Wilfredo D. Mayor)Taal (Hon. Juanita G. Areta)Rosario (Hon. Pablo R. Chavez)

CAVITEChairperson: Hon. Agapito S. Lu (Cavite City)Members: Bacoor (Hon. Eduardo I. Tanguanco)

Imus (Hon. Norberto J. Quisumbing, Jr.)Tagaytay City (Hon. Edwin G. Larida, Jr.)Trece Martires City(Hon. Aurelio G. Icasiano, Jr.)Naic (Hon. Lerio C. Castigador)Dasmariñas (Hon. Perla V. Cabrera-Faller)


LAGUNAChairperson: Hon. Socrates A. Erasmo

(San Pablo City)Members: Biñan (Hon. Marino E. Rubia)

Sta. Cruz (Hon. Mary Ann C. Mañalac)Calamba City (Hon. Jesus A. Santiago)San Pedro (Hon. Francisco D. Pano)Siniloan (Hon. Flotenio P. Bueser)

QUEZONChairperson: Hon. Eloida R. De Leon-Diaz

(Lucena City)Members: Gumaca (Hon. Aurora M. Roman)

Mauban (Hon. Rodolfo D. Obnamia, Jr.)Calauag (Hon. Mariano A. Morales, Jr.)Infanta (Hon. Virgilio C. Alpajora- Acting)

RIZALChairperson: Hon. Ruth C. Santos (Antipolo City)Members: San Mateo (Hon. Francisco C. Rodriguez, Jr.)

Morong (Hon. Ma. Theresa C. San Gabriel)Binangonan (Hon. Narmo P. Noblejas)

ROMBLONChairperson: Hon. Ramiro R. Geronimo (Romblon)Member: Odiongan (Hon. Jose M. Madrid)

FOURTH JUDICIAL REGION 4-B

MARINDUQUEChairperson: Hon. Manuelito O. Caballes (Boac)

MINDORO ORIENTALChairperson: Hon. Manuel C. Luna, Jr. (Calapan City)Members: Pinamalayan (Hon. Recto A. Calabocal)

Roxas (Hon. Pastor A. De Castro)

MINDORO OCCIDENTALChairperson: Hon. Jose S. Jacinto, Jr. (San Jose)Member: Mamburao (Hon. Ulysses D. Delgado)

PALAWANChairperson: Hon. Perfecto E. Pe (Puerto Princesa City)Member: Roxas (Hon. Bienvenido C. Blancaflor)

FIFTH JUDICIAL REGION

ALBAYChairperson: Hon. Edgar L. Armes (Legaspi City)Members: Ligao City (Hon. Edwin R. Ma-Alat)

Tabaco City (Hon. Mamerto M. Buban, Jr.)

CAMARINES SURChairperson: Hon. Jaime E. Contreras (Legaspi City)Members: Libmanan (Hon. Cecilia B. Soler)

Pili (Hon. Jose C. Sarcilla)Iriga City (Hon. Milagros G. Quijano)San Jose (Hon. Jaime E. Contreras)Calabanga (Hon. Freddie D. Balonzo)

CAMARINES NORTEChairperson: Hon. Winston S. Racoma (Daet)Member: Labo (Hon. Erwin Virgilio Ferrer - Acting)

CATANDUANESChairperson: Hon. Genie G. Agbada (Virac)

MASBATEChairperson: Hon. Manuel L. Sese (Masbate City)Members: Cataingan (Hon. Domingo B. Maristela)

San Jacinto(Hon. Arturo Clemente B. Revil)

SORSOGONChairperson: Hon. Jose L. Madrid (Sorsogon City)Members: Gubat (Hon. Leonor Gerona Romeo)

Irosin (Hon. Fred G. Jimena)Bulan (Hon. Adolfo G. Fajardo)

SIXTH JUDICIAL REGION

AKLANChairperson: Hon. Sheila M. Cortes (Kalibo)

ANTIQUEChairperson: Hon. Nery G. Duremdes (San Jose)Members: Bugasong (Hon. Rafael O. Penuela)

Culasi (Hon. Rafael O. Penuela - Acting)

CAPIZChairperson: Hon. Salvador S. Gubaton (Roxas City)Member: Mambusao (Hon. Ignacio I. Alajar)

ILOILOChairperson: Hon. Roger B. Patricio (Iloilo City)Members: Barotac Viejo (Hon. Rogelio J. Amador)

Guimbal (Hon. Domingo D. Diamante)Dumangas (Hon. Gerardo B. Diaz)

GUIMARASChairperson: Hon. Merlin D. Deloria (Jordan)

NEGROS OCCIDENTALChairperson: Hon. Ray Alan T. Drilon (Bacolod City)Members: Silay City (Hon. Felipe G. Banzon)

Himaymaylan City(Hon. Franklin J. Demonteverde)San Carlos City(Hon. Edgardo L. Delos Santos)



Cadiz City (Hon. Renato D. Muñez)Kabankalan City (Hon. Henry D. ArIes)Bago City (Hon. Frances V. Guanzon)La Carlota City(Hon. Francisco N. Rodriguez)

SEVENTH JUDICIAL REGION

BOHOLChairperson: Hon. Fernando G. Fuentes III

(Tagbilaran City)Members: Loay (Hon. Dionisio R. Calibo, Jr.)

Carmen (Hon. Patsita S. Gamutan)Talibon (Hon. Irma Zita V. Masamayor)

CEBUChairperson: Hon. Fortunato M. De Gracia, Jr.

(Cebu City)Members: Lapu Lapu City (Hon. Victor A. Teves)

Mandaue City (Hon. Marilyn L. Yap)Toledo City (Hon. Cesar O. Estrera)Danao City (Hon. Edito Y. Enemecio)Argao (Hon. Maximo Astillero Perez)Barili (Hon. Leopoldo V. Cañete)Bogo (Hon. Antonio D. Marigomen)Oslob (Hon. Jesus S. Dela Peña)

NEGROS ORIENTALChairperson: Hon. Fe Lualhati D. Bustamante

(Dumaguete City)Members: Tanjay City (Hon. Winston M. Villegas)

Bais City (Hon. Candelario V. Gonzales)Guihulngan (Hon. Mario O. Trinidad)Bayawan City(Hon. Rafael Crescencio C Tan, Jr. - Acting)

SIQUIJORChairperson: Hon. Roderick A. Maxino (Acting)

(Larena)

EIGHT JUDICIAL REGION

EASTERN SAMARChairperson: Hon. Elvie P. Lim (Borongan)Members: Guiuan (Hon. Rolando M. Lacdo-o)

Oras (Hon. Juliana A. White)Balangiga (Hon. Rowena Nieves A. Tan)Dolores (Hon. Elvie P. Lim - Acting)

LEYTEChairperson: Hon. Rogelio C. Sescon (Tacloban City)Members: Ormoc City (Hon. Francisco C. Gedorio, Jr.)

Carigara (Hon. Crisostomo L. Garrido)Abuyog (Hon. Buenaventura A. Pajaron)Calubian (Hon. Crescente F. Maraya)

A. C. No. 121- 2007 (continued)

Baybay (Hon. Absalan Urgel Fulache)Burauen (Hon. Yolanda U. Dagandan)Palompon (Hon. Celso L. Mantua)Hilongos (Hon. Ephrem Suarez Abando)

BILIRANChairperson: Hon. Pepe P. DomaelMembers: Naval (Vacant)

Caibiran (Hon. Pepe P. Domael)

NORTHERN SAMARChairperson: Hon. Eugenio G. Dela Cruz (Laoang)Members: Laoang (Hon. Eugenio G. Dela Cruz)

Allen (Hon. Manuel F. Torrevillas, Jr.)Gamay (Hon. Alphinor C. Serrano)

SOUTHERN LEYTEChairperson: Hon. Bethany G. Kapili (Maasin City)Members: San Juan (Hon. Hermes B. Montero)

Sogod (Hon. Rolando L. Gonzalez)

SAMARChairperson: Hon. Agerico A. Avila (Catbalogan)Members: Calbayog City (Hon. Reynaldo B. Clemens)

Basey (Hon. Jovito C. Abarquez)Calbiga (Hon. Carmelita T. Cuares)Tarangnan (Hon. Esteban V. De La Peña)Gandara (Hon. Rosario A. Bandal)

NINTH JUDICIAL REGION

BASILANChairperson: Hon. Leo Jay T. Principe (Isabela City)

SULUChairperson: Hon. Bensaudi I. Araban, Sr. (Parang)Members: Siasi (Hon. Bensaudi I. Arabani, Sr.-Acting)

TAWI-TAWIChairperson: Hon. Abdulmaid K. Muin (Bongao)

ZAMBOANGA DEL NORTEChairperson: Hon. Porferio E. Mah (Dipolog City)Members: Sindangan (Hon. Arturo M. Paculanang)

Siocon (Hon. Laarni N. Dajao)Liloy (Hon. Oscar D. Tomarong)

ZAMBOANGA DEL SURChairperson: Hon. Reynerio G. Estacio (Zamboanga)Members: Pagadian City (Hon. Aniceto B. Galon, Jr.)

Molave(Hon. Ernesto Maximo Victor Laurel-Acting)San Miguel (Hon. Edilberto G. Absin)Aurora(Hon. Ernesto Maximo Victor E. Laurel)


A.C. No. 121-2007 (continued)

ZAMBOANGA SIBUGAYChairperson: Hon. Reuben L. Maraon (Ipil)

TENTH JUDICIAL REGION

AGUSAN DEL NORTEChairperson: Hon. Augustus L. Calo (Butuan City)Member: Cabadbaran (Hon. Dax G. Xenos)

AGUSAN DEL SURChairperson: Hon. Dante Luz M. ViacrusisMember: Bayugan (Hon. Hector B. Salise)

BUKIDNONChairperson: Hon. Josefina G. Bacal (Malaybalay City)Member: Manolo Fortich (Hon. Jose Uy Yamut, Sr.)

MISAMIS OCCIDENTALChairperson: Hon. Henry B. Damasing (Oroqueita City)Members: Ozamis City (Hon. Edmundo P. Pintac)

Tangub City(Hon. Sylvia A. Singidas-Machacon)Calamba (Hon. Ruben R. Cagas)

MISAMIS ORIENTALChairperson: Hon. Jose L. Escobido

(Cagayan de Oro City)Members: Medina (Hon. Oscar N. Abella)

Gingoog City (Hon. Avelino C. Pakino)Initao (Hon. Dennis Z. Alcantar)

CAMIGUINChairperson: Hon. Rustico D. Paderanga

(Mambajao)

SURIGAO DEL NORTEChairperson: Hon. Floripinas C. BuyserMembers: Dapa (Hon. Evangeline S. Yuipco-Bayana)

Dinagat Island (Hon. Louis P. Acosta)

ELEVENTH JUDICIAL REGION

DAVAO DEL NORTEChairperson: Hon. Justino G. AventuradoMember: Panabo City (Hon. Clemente C. Tajon)

COMPOSTELA VALLEYChairperson: Hon. Hilarion P. Clapis (Nabunturan)

DAVAO ORIENTALChairperson: Hon. Nino A. Batingana (Mati)Members: Baganga (Hon. Jose B. Lopez)

Lupon (Hon. Nino A. Batingana - Acting)

DAVAO DEL SURChairperson: Hon. Isaac G. Robillo, Jr. (Davao City)

Members: Digos City (Hon. Albert S. Axalan)Bansalan(Hon. Loida S. Posadas Kahulugan)

SOUTH COTABATOChairperson: Hon. Oscar P. Noel, Jr. (General Santos City)Members: Koronadal City (Hon. Laureano T. Alzate)

Surallah (Hon. Roberto L. Ayco)Polomolok(Hon. Andres N. Lorenzo-Acting)

SARANGANIChairperson: Hon. Jaime I. Infante (Alabel)

SURIGAO DEL SURChairperson: Hon. Ermelindo G. Andal (Tandag)Members: Lianga (Hon. Alfredo P. Jalad)

Bislig City (Hon. Merlyn Pacaro Canedo)Cantilan (Hon. Romeo C. Buenaflor)

TWELFTH JUDICIAL REGION

LANAO DEL NORTEChairperson: Hon. Oscar V. Badelles (Iligan City)Members: Tubod (Hon. Alan Lungay Flores)

Kapatagan (Hon. Jacob T. Malik)

LANAO DEL SURChairperson: Hon. Rasad G. BalindongMember: Marawi City (Hon. Amer R. Ibrahim)

MAGUINDANAOChairperson: Hon. Cader P. IndarMember: Cotabato City (Hon. Cader P. Indar)

NORTH COTABATOChairperson: Hon. Francis E. Palmones, Jr.

(Kidapawan City)Member: Midsayap (Hon. Lily Lydia A. Laquindanum)

SULTAN KUDARATChairperson: Hon. Milanio M. GuerreroMember: Isulan (Hon. German M. Malcampo)

This Administrative Circular shall take effect uponits issuance.

November 23, 2007.

(Sgd.) REYNATO S. PUNOChief Justice

(Sgd.) LEONARDO A. QUISUMBINGChairperson, Second Division

(Sgd.) CONSUELO YNARES-SANTIAGOChairperson, Third Division

PHILJA BulletinPHILJA BulletinPHILJA BulletinPHILJA BulletinPHILJA BulletinPHILJA BulletinPHILJA BulletinPHILJA BulletinPHILJA BulletinPHILJA BulletinRESOLUTIONS, ORDERS AND CIRCULARSRESOLUTIONS, ORDERS AND CIRCULARSRESOLUTIONS, ORDERS AND CIRCULARSRESOLUTIONS, ORDERS AND CIRCULARSRESOLUTIONS, ORDERS AND CIRCULARS

6) The EJs shall secure a holding area in the HOJsor in the court house where detentionprisoners shall be temporarily detained whileawaiting trial. When no holding area isavailable, the detention prisoners shall bedetained in the bus, van, or vehicle that theyused as transport, or any secure place outsidethe HOJs or court houses. The detentionprisoners shall be bought to the courtroomonly when their cases are heard.

7) Before leaving the holding area or temporarydetention area, the custodians shall conducta thorough body frisking of detentionprisoners to ensure that they have noconcealed weapon on them.

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

9) In HOJs, the EJs shall ensure that the courtsecurity personnel (CSP) keep a logbook of thename, address, purpose of visit and signatureof guests who enter the premises. All visitorsincluding law enforcement officers shall berequired to log-in before allowed entry. Allvisitors are required to present adequateidentification documents, which they shallleave with the CSP in exchange for a court IDto be worn at all times while inside the HOJ.

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

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 usedas weapons, 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 the

MEMORANDUM ORDER NO. 42-2007

PROVIDING FOR AN INTERIM SECURITYPROTOCOL FOR THE FIRST AND SECOND LEVELCOURTS

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

WHEREAS, the Committee on Security for theJudiciary in a meeting held on October 3, 2007, hasresolved to provide the judges of the first and secondlevel courts with an interim security protocol toimprove security and safety measures inside the courtrooms and halls of justice (HOJ);

NOW THEREFORE, pending the issuance of acomprehensive security protocol for the lower courtsand in the interest of the service, the following interimmeasures are hereby adopted and shall be immediatelyimplemented:

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

2) All law enforcement officers on officialbusiness should wear and display their officialIDs while inside the HOJs and buildingswhich house court rooms.

3) During hearings, the court shall coordinatewith the appropriate agency which hascustody of detention prisoners, (e.g., Bureauof Jail Management and Penology, PhilippineNational Police, National Bureau ofInvestigation, etc.) on the trial calendar andschedule of criminal cases involving thesedetention prisoners.

4) During trial of detention prisoners, theExecutive Judge shall request the PNP toassign or detail at least two (2) uniformedpolicemen to secure and patrol the hallwaysof the HOJs and court houses and theirpremises.

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

24

PHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSRESOLUTIONS, ORDERS AND CIRCULARSRESOLUTIONS, ORDERS AND CIRCULARSRESOLUTIONS, ORDERS AND CIRCULARSRESOLUTIONS, ORDERS AND CIRCULARSRESOLUTIONS, ORDERS AND CIRCULARSOctober-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007

Revised 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 court room for detention of prisoners.No one, except lawyers, shall be allowed totalk to, 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 safe proceedingsin the court room.

17) Finally, PJs whose lives are endangered orthreatened, shall immediately inform any ofthe following officials of the Task ForceJudiciary Protection:

DCA Reuben P. De la Cruz3rd Floor, Old Supreme Court Building,Supreme CourtTaft Ave. cor. Padre Faura St., Ermita, ManilaTelephone Nos.

Office: 525-7143Mobile: 0918-39635491Fax No.: 523-2315e-mail address: [email protected]

Atty. Allan C. ContadoChiefAnti-Graft Division and Liaison OfficerTask Force on Judiciary ProtectionNational Bureau of InvestigationTaft Avenue, ManilaTelephone Nos.

Office: 523-8231 local 3424/3467Mobile: 0917-9777442/0919-5887817Fax No.: 5261216e-mail address: [email protected]

This Memorandum Order shall take effect upon itsissuance.

November 23, 2007.

(Sgd.) REYNATO S. PUNO Chief Justice

The Judge-to-Judge Dialogue held with ABA-ROLI and PMO received high profitabilityratings, focusing as it did on judges takingcontrol of court proceedings.

We commend the librarians (all of themfemale), the trial judges, the courtstenographers (Southern Tagalog chapter), andthe RTC Clerks of Court for their activeinvolvement in their convention-seminars topromote their respective organizations andenhance their learning, through seminar topicsand lecturers that we gladly provided upontheir express request.

Our landmark project on Mediation (CAM,ACM, and JDR) has expanded and we nowhave PMC units in all 13 judicial regionscovering a total of 796 courts. Interest hasincreased, for Judicial Dispute Resolution (JDR)as well, with our Center trying its level best toaccommodate all requests. Hopefully, with thecooperation of all stakeholders, particularly thereferral of cases to mediation, the decloggingof court dockets will be accelerated. Thesuccessful introduction of Court-AnnexedMediation on Wheels (CAMOW) haspromoted significantly our project on accessto justice for the poor and marginalized. Theprogram has also been deeply appreciated bylocal government officials.

Continuing seminars on the Code of Conductfor Court Personnel have received their shareof attention with 69 Justices, 1,776 judges, and15,040 court personnel having been reachedsince 2004. Only 33.31% remain to be trained.Hopefully, with Integrity becoming thebenchmark for the entire judiciary,administrative cases involving violations of theCode of Conduct will be reduced.

We thank the Chief Justice, the SupremeCourt, our stakeholders, partners, supportersand the general public for their invaluablecooperation and support and assure them ofour unwavering resolve to be true to ourmandate.

To everyone, a blessed and productive 2008.

FFFFFrom the Chancellor’rom the Chancellor’rom the Chancellor’rom the Chancellor’rom the Chancellor’s Desks Desks Desks Desks Desk(Continued from page 1)

25


3. The Performance Evaluation ReviewCommittee in the Lower Courts (PERC-LC), created pursuant to OCA-Circular No.94-2001 dated December 11, 2001, shallcontinue to resolve protests of lower courtemployees regarding ratings obtained.

4. Appeals

(a) An employee who feels aggrieved ordissatisfied with his final performancerating can file a protest with thePerformance Evaluation ReviewCommittee in the Lower Courts(PERC-LC) within 10 days from thedate of receipt of the performancerating forms.

(b) The PERC-LC shall resolve the protestwithin 15 days from receipt of theprotest.

(c) In the event that the employee isdissatisfied with the resolution of thePERC-LC on his performance rating,he may appeal the PERC-LC resolutionto the Office of the CourtAdministrator PerformanceEvaluation Review Committee (OCA-PERC), indicating the reasons therefor,copy furnished his supervisor, nexthigher supervisor and the PERC-LCChairperson.

(d) The appeal shall be made within 15days from receipt of the PERC-LCResolution, otherwise it shall bedeemed as a waiver of such right toappeal.

(e) The OCA-PERC shall resolve theappeal within 30 days from the date itis submitted for resolution.

Strict compliance herewith is hereby enjoined.

September 20, 2007.

(Sgd.) CHRISTOPHER O. LOCK Court Administrator

OCA CIRCULAR NO. 92-2007

TO: ALL JUDGES AND COURT PERSONNEL OFTHE REGIONAL TRIAL COURTS, SHARI’ADISTRICT COURTS, METROPOLITANTRIAL COURTS, MUNICIPAL TRIALCOURTS IN CITIES, MUNICIPAL TRIALCOURTS, MUNICIPAL CIRCUIT TRIALCOURTS, AND SHARI’A CIRCUIT COURTS

SUBJECT: DEFERMENT OF THE CONTINUOUSIMPROVEMENT OF PERFORMANCEAND ACCOMPLISHMENT GAUGE(CIPAG)

For the information and guidance of all concerned,quoted hereunder is the Resolution of the Court EnBanc dated August 21, 2007, in “Re: Deferment of theContinuous Improvement of Performance andAccomplishment Gauge (CIPAG).”

Re: Deferment of the Continuous Improvementof Performance and Accomplishment Gauge(CIPAG) — The Court Resolved, upon therecommendation of Assistant CourtAdministrator Nimfa C. Vilches, Chair, OCAPerformance Evaluation Review Committeewith recommending approval of CourtAdministrator Christopher O. Lock, to DEFERthe implementation of the ContinuousImprovement of Performance andAccomplishment Gauge (CIPAG), andALLOW the continued use of the oldperformance evaluation system, until the newperformance evaluation for the entirejudiciary is implemented.

In consonance with the above Resolution, thefollowing guidelines are hereby issued for all lowercourts :

1. For those who have submitted theirperformance rating for the rating periodJanuary to June 2007 using the CIPAGForms, they shall submit anotherperformance rating using the oldperformance rating form.

2. All lower court employees are thereforehereby enjoined to submit theirperformance rating using the oldperformance rating form for the ratingperiod January to June 2007 within 15days from receipt of this Circular.

OFFICE OF THE COURT ADMINISTRATOR

26



TO: ALL EXECUTIVE JUDGES

SUBJECT: GUIDELINES ON THE AUTHORITY OFTHE INVESTIGATING EXECUTIVEJUDGE

The First Division acting on the letter dated 28June 2007 of Judge Raul E. De Leon, Regional TrialCourt, Branch 258, Parañaque City, requesting theopinion of the Court on whether he can continue withhis investigation pursuant to the Resolution dated 22November 2006, considering that a new ExecutiveJudge had been designated in the Regional Trial Court,Parañaque City, Resolved:

x x x x

(2) to APPROVE the following guidelines onthe authority of the Investigating ExecutiveJudge, to wit:

(a) If the investigation in anadministrative case had alreadystarted or if the parties therein hadalready submitted their evidence, theInvestigating Executive Judge to whomthe case had been assigned by the Courtshall continue to hear the case orprepare the corresponding report, asthe case may be, regardless of whetherhe is subsequently relieved as ExecutiveJudge or his term as such expires. Thedesignation of a new Executive Judgeshall not work to undermine theauthority of the former InvestigatingExecutive Judge over the case;

(b) Conversely, if the investigation has notstarted and the Investigating ExecutiveJudge is subsequently relieved asExecutive Judge or his term as suchexpires, the new Executive Judge shalltake over the investigation. The formerExecutive Judge to whom the case wasoriginally referred to shall inform theCourt, by way of a simplemanifestation, of such development. Heshall, however, immediately forwardthe records of the case to the newExecutive Judge who shall begin theinvestigation;


TO: ALL JUDGES AND CLERKS OF COURT OFTHE REGIONAL TRIAL COURT (RTC)

SUBJECT: STRICT OBSERVANCE ANDIMPLEMENTATION OF SECTION 87,PARAGRAPH 3, ARTICLE X OFREPUBLIC ACT NO. 9165 OTHERWISEKNOWN AS “THE COMPREHENSIVEDANGEROUS DRUGS ACT OF 2002”

The Dangerous Drugs Board (DDB) of the Office ofthe President has called the attention of this Officeregarding the various reports submitted by thePhilippine Drug Enforcement Agency (PDEA) and otherauthorized law enforcement units stating that despitefinality of decisions or orders handed down by theRegional Trial Courts, the Board has yet to receive anyamount representing fines imposed by said Courtspursuant to Paragraph 3 of Section 87, Article X ofRepublic Act No. 9165, quoted hereunder as follows:

(c) If the Investigating Executive Judge towhom the case was originally assignedis dismissed/retires from the service,dies or is suspended by the Court, thenew/acting Executive Judge shall takeover the case regardless of the stage it isin. The new/acting Executive Judge shallinform the Court of such developmentby way of a simple manifestation; and

(d) The new Executive Judge who takes overthe case shall have the remaining periodoriginally allotted by the Court tocontinue the investigation and submitthe corresponding report. In the eventthat the remaining balance of the periodis not sufficient, the new Executive Judgeshall make the appropriate request tothe Court for an extension of the period;and x x x. x x x

For the information and guidance of all concerned.

October 3, 2007.



27



TO: JUDGES AND CLERKS OF COURT OF THEREGIONAL TRIAL COURTS

SUBJECT: COMPLIANCE WITHADMINISTRATIVE ORDER NO. 25-2007DATED MARCH 1, 2007 ONMANDATORY CONTINUOUS TRIALOF CASES INVOLVING EXTRAJUDICIAL KILLINGS OF POLITICALIDEOLOGISTS AND MEMBERS OFMEDIA

The Office of the President thru the PresidentialHuman Rights Committee, has invited the attentionof this Office that some judges failed to observe themandatory continuous trial pursuant toAdministrative Order No. 25-2007. The said orderprovides that cases involving extra judicial killings ofpolitical ideologists and members of media shouldundergo mandatory continuous trial and shall beterminated within 60 days from commencement oftrial. And that judgment thereon shall be renderedwithin 30 days from submission for decision, unless ashorter period is provided by law, or otherwisedirected by this Court.

In view thereof, you are hereby directed to strictlyobserve abovementioned administrative order. Youare likewise directed to SUBMIT to this Office amonthly report on the status of aforesaid casesincluding the reason why the provisions of theadministrative order could not be strictly followed, if

any, on or before the 10th day of the succeeding month.

Strict compliance is hereby enjoined.

October 16, 2007.



TO: ALL JUDGES OF THE LOWER COURTS

SUBJECT: GUIDELINES ON THE PAYMENT OFTHE SERVICES OF A HIRED SIGNLANGUAGE INTERPRETER

For the information and guidance of all concerned,quoted hereunder is Memorandum Order No. 59-2004dated September 10, 2004 in “Re: Authorizing theCourt Administrator to Act on and Approve Requestsof Lower Courts for the Hiring of Sign LanguageInterpreters”:

WHEREAS, some cases before trial courtsmay involve parties or require witnesses who,to be fully understood and prevent possiblemiscarriage of justice, may require a signlanguage interpreter, and

WHEREAS, in such cases, the trial judgehas to request the Supreme Court, through theOffice of the Court Administrator, to hire theservices of a sign language interpreter. TheCourt Administrator would, thereafter,recommend to the Court the hiring of the signlanguage interpreter. The procedure may causedelays.

WHEREFORE, in the interest of the service,the Court Administrator is hereby authorizedto act on and grant requests of trial court judgesto hire the services of a sign languageinterpreters in actions or proceedings wheresuch services would be rendered.

The Court Administrator may fix the fee ofthe sign language interpreter on a per day orper appearance basis, and such expenditure/sshall be chargeable against the savings inappropriations for the Lower Courts.

This Memorandum Order shall take effectupon its issuance.

Sec. 87. Appropriations.- x x x

‘The fines shall be remitted to the Board by thecourt imposing such fines within 30 days, fromthe finality of its decisions or orders. (Emphasisunderlined) x x x

Henceforth, you are here by REMINDED andDIRECTED to strictly comply with theabovementioned provision of the law, all for purposesof augmenting the funds necessary for the operationsof the DDB and the PDEA.

For your information and guidance.

October 3, 2007.

(Sgd.) CHRISTOPHER O. LOCK

OCA Cir. No. 95-2007 (continued)

28



In connection herewith, the following guidelinesare hereby issued for the payment of service/srendered by a hired sign language interpreter:

1. Upon recommendation of the PresidingJudge and after confirmation/approval ofthe Court Administrator, the designatedsign language interpreter shall render theservices required.

2. For payment of the services rendered, thedesignated sign language interpreter shallsubmit the following documents to theFinance Division, FMO-OCA:

a) Confirmation/approval by the CourtAdministrator of the designation assign language interpreter;

b) Certificate of appearance issued by theBranch Clerk of Court or Officer-In-Charge;

c) Certified copy of the minutes of thehearing.

3. For cases to be heard within the NCJR, thedesignated sign language interpreter shallbe entitled to a fee to be fixed by the CourtAdministrator in a per day or perappearance basis.

4. For cases to be heard outside the NCJR, thesign language interpreter shall likewise beentitled to an additional expenseallowance, and traveling andtransportation allowance subject to theguidelines set forth under SCAdministrative Circular No. 15-2005dated March 22, 2005, if the sign languageinterpreter shall come from the NCJR.However, where there is an available signlanguage interpreter outside the NCJR,they shall only be entitled to the fee fixedby the Court Administrator.

The amount specified for the purpose shall bechargeable against the savings in appropriations forthe lower courts, subject to the compliance of itemNo. 2 hereof.

October 18, 2007.



TO: ALL JUDGES AND CLERKS OF COURT OFTHE REGIONAL TRIAL COURT

SUBJECT: ALL COURT ORDERS ADDRESSED TODSWD RESIDENTIAL FACILITIESCOPY FURNISHED THE DSWD-NCRFIELD OFFICE

This pertains to the letter dated October 10, 2007of Thelsa P. Biolena, Regional Director, DSWD-NCRField Office informing this Court of the bulk of courtorders and decisions they received from the differentRTCs all over the Philippines in compliance with OCACircular No. 61-2007. However, Ms. Biolena requeststhat only those court orders and decisions concerningthe centers/institutions managed by DSWD-NCR shallbe furnished to them. Hence, OCA Circular No. 61-2007 is MODIFIED; court orders and decisionsconcerning the centers/institutions managed byDSWD-NCR shall be sent to the following addresses,contact persons and contact numbers:

Reception and Study Center (RSCC) Address: Misamis Ext., Bago Bantay, Q.C. Tel. No.: 927-4244 Contact Person: Mrs. Florcelia Rosas Contact No.: 0918-5956369 Clients: children 0 to 7 yrs. old e-mail address: [email protected]

Nayon ng Kabataan (NK) Address: Welfareville Compound, Correctional Road, Mandaluyong City Tel. No.: 532-9152/533-1701 Contact Person: Mrs. Evangeline Lawas Contact No.: 0917-4718484 Clients: street children & youth offender e-mail address: [email protected]

Elsie Gaches Village (EGV) Address: Alabang, Metro Manila Tel. No.: 807-6023 Contact Person: Mrs. Evelyn M. Lontok Contact No.: 0917-6992311 Clients: mentally retarded including autistic, mongoloid, etc. e-mail address: [email protected]

Marillac Hills (MH) Address: Alabang, Metro Manila Tel. No.: 807-1589/807-1585 Telefax: 807-1587 Contact Person: Ms. Asuncion Flores Contact No.: 0921-6392402

29



TO: ALL CLERKS OF COURT/ OFFICERS-IN-CHARGE OF THE FIRST AND SECONDLEVEL COURTS

SUBJECT: EXEMPTION OF THE INDIGENTCLIENTS OF THE PUBLIC ATTORNEY’SOFFICE (PAO) FROM THE PAYMENT OFDOCKET AND OTHER FEES

Hon. Persida V. Rueda-Acosta, Chief PublicAttorney, PAO, in her letter requests reconsiderationof OCA Circular No. 67-2007 dated July 12, 2007particularly the conditions imposed in the availmentof the PAO clients exemption from payment of courtdocket fees.

Acting on the said request the same is herebyGRANTED. Henceforth, the clients of the PAO shallbe exempt from payment of docket and other feesincidental to instituting an action in court, x x x, as anoriginal proceeding or on appeal.

The conditions imposed in OCA Circular No. 67-2007 for the entitlement to the exemption is herebyREVOKED.

For strict compliance.

December 11, 2007.

(Sgd.) ZENAIDA N. ELEPAÑO Court Administrator

OCA Cir. No. 119-2007 (continued)

Clients: girls and women (10 to 30 yrs. old) who areunwed mother, white slavery victims ofdrugs, exploitation and mentally disturb

e-mail address: [email protected]

Jose Fabella Center (JFC) Address: Welfareville Compound,

Mandaluyong City, Metro Manila Tel. No.: 531-8697 Contact Person: Mrs. Manuela Loza Contact No.: 0918-5029491 Clients: mendicants and person in crisis situation e-mail address: jfc [email protected]

Golden Acres (GA) Address: EDSA, Bago Bantay District, Q.C. Tel. No.: 929-1187/426-6854 Contact Person: Ms. Edna Sacedor Contact No.: 0916-8221007 Clients: dependents, needy and unattached senior situation e-mail address: [email protected]

Sanctuary Center (SC)Address: Welfareville Compound, Mandaluyong City, Metro ManilaTel. No.: 532-1164 (telefax)Contact Person: Ms. Nieve GentelizoContact No.: 0917-9919235Clients: vagrants and newly recovered psychoticse-mail address: [email protected]

National Vocational Rehabilitation Center (NVRC)Address: J.P. Burgos St., Proj. 4, Q.C.Tel. No.: 913-9784Telefax: 913-9780Contact Person: Mr. Fausto SantosClients: persons with disabilitiese-mail address: [email protected]

Rehabilitation Sheltered Workshop (RSW)Address: J.P. Burgos St., Proj. 4, Q.C.Tel. No.: 912-7698Telefax: 913-9782Contact Person: Mr. Tito MortelContact No.: 0917-4537483Clients: persons with disabilitiese-mail address: [email protected]

Haven for Women (HW)Address: Alabang, Metro ManilaTel. Nos.: 807-1586/807-1590Telefax: 807-1592Contact Person: Mrs. Elizabeth PanamboContact No.: 0920-4198664Clients: physically and sexually abused girls and women; and unwed mothers

e-mail address: [email protected]

Haven for Children (HC)Address: Alabang, Metro ManilaTelefax: 807-1591Contact Person: Ms. Clara de GuzmanContact No.: 0916-6434129Clients: street childrene-mail address: [email protected]

CRADLEAddress: Camp Bagong Diwa, Taguig, M.M.Contact Person: Ms. Kathy NañolaContact No.: 496-7668Clients: CICL

For strict compliance.

December 5, 2007.

(Sgd.) ZENAIDA N. ELEPAÑO Court Administrator

30

PHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSOctober-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007October-December 2007

All the foregoing exceptions are present hereand justify this Court’s assumption of jurisdictionover the instant petitions. Petitioners alleged thatthe issuance of PP 1017 and G.O. No. 5 violatesthe Constitution. There is no question that theissues being raised affect the public interest,involving as they do the people’s basic rights tofreedom of expression, of assembly and of thepress. Moreover, the Court has the duty toformulate guiding and controlling constitutionalprecepts, doctrines or rules. It has the symbolicfunction of educating the bench and the bar, andin the present petitions, the military and thepolice, on the extent of the protection given byconstitutional guarantees. And lastly,

respondents contested actions are capable ofrepetition. Certainly, the petitions are subject tojudicial review. (Emphasis supplied).

(Reyes, J., SPO2 Geronimo Manalo, SPO2Morcilla, PO3 Rico M. Landicho, PO2 RomeoMedalla, Jr., SPO2 William Relos, Jr., P/Insp.Roberto N. Marinda v. Hon. PNP Chief OscarCalderon, Hon. P/Dir. Geary Barias, Directoratefor Investigation and Detective Management,Camp Crame, Hon. Regional Director, PoliceChief Supt. Nicasio J. Radovan, Hon. Police Sr.Supt. Aaron Deocares Fidel, Hon. Police Sr. Supt.Luisito De Leon, G.R. No. 178920, October 15,2007.)

REMEDIAL LAW (continued from page 15 )

51st Orientation Seminar-Workshop for Newly Appointed Judges2nd Seminar-Workshop on Capacity Building on Public and Private

International Law Issues for the Philippine JudiciaryJudge-To-Judge Dialogue on the Power of the Judge:

Taking Control of Court Proceedings15th Pre-Judicature Program

The First Distinguished Lecture Series of 2008 (Reform of the Spanish Civil Code: Basis and Content)

Seminar-Workshop on CEDAW, Gender Sensitivity, and the Courts forJudges and Court Personnel of the Cities of Baguio and San FernandoRJCEP Level 5 for RTC and First Level Trial Court Judges of Region 6

Multi-Sectoral and Skills-Building Seminar-Workshop on Human Rights Issues: Extrajudicial Killings and Enforced Disappearances

Seminar-Workshop for the Members of the CODI of the SC, CA,Sandiganbayan, and CTA

3rd Seminar-Workshop on Capacity Building on Public and PrivateInternational Law Issues for the Philippine Judiciary

9th Orientation Seminar-Workshop for Newly Appointed Clerks of CourtSeminar-Workshop for the Members of the CODI of the

NCJR and Southern TagalogMulti-Sectoral and Skills-Building Seminar-Workshop on

Human Rights Issues: Extrajudicial Killings and Enforced DisappearancesAnnual Convention-Seminar of the PWJA

Second Distinguished Lecture, Series of 2008 “The New ZealandExperience of Resolving Indigenous and Land Issues in the

Context of a Treaty Settlement ProcessSeminar-Workshop for the Members of the CODI of Region 6 & 7

Seminar-Workshop on CEDAW, Gender Sensitivity,and the Courts for Judges and Court Personnel of Cebu

RJCEP Level 5 forRTC and First Level Trial Court Judges of Region 12Gender Equality and CEDAW:

A Discussion Session among Justices of the Court of Appeals

Date Seminars / Activities Venue

Feb 5-14Feb 14-15

Feb 15

Feb 18-28Feb 20

Feb 20-21

Feb 26-28

Feb 28-29

Feb 28-29

Mar 3-4

Mar 4-7Mar 6-7

Mar 6-7

Mar 7-8Mar 10

Mar 10-11

Mar 12-13

Mar 26-28

Mar 26

PHILJA, Tagaytay CityThe Pearl Manila Hotel,ManilaAvenue ConventionCenter, Naga CityPHILJA, Tagaytay CityUE, Manila

Ridgewood Hotel,Baguio CitySarabia Manor Hotel,Iloilo CityOasis Hotel, AngelesCity, PampangaBayview Park Hotel,ManilaCSB Hotel, Manila

PHILJA, Tagaytay CityBayview Park Hotel,ManilaOasis Hotel, AngelesCity, PampangaManila Hotel, ManilaUST, Manila

Crown Regency Hotel,Guadalupe, CebuWaterfront Hotel,Mactan, CebuMontebello Villa Hotel,Banilad, Cebu CityOld Session Hall,Supreme Court, Manila

31

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