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Volume XVII Issue No.

67 1

Volume XVII Issue No. 67 July-September 2015 ISSN 2244-5862

From the Chancellors Desk

Retired Family Court Judge Rosalina L. Pison gives new judges pointers on how to solemnize marriages during one of the Orientation Seminar-
Workshops for Newly Appointed Judges regularly conducted by the Academy.

For the period July to September 2015, PHILJA proceeded and Court Personnel Handling Cases Involving Children; and a
with the implementation of our regular training programs Competency Enhancement Training for Judges, Prosecutors,
and activities (TPAs) such as the 73rd Orientation Seminar- Social Workers, and Law Enforcement Investigators Handling
Workshop for Newly Appointed Judges; the 35th Pre- Trafficking in Persons (TIP) Cases.
Judicature Program for judicial aspirants; two Judicial Career A Focus Group Discussion (FGD) for the PHILJA
Enhancement Programs for First Level Court Judges (JCEP) Curriculum Review was also conducted during this period
from Regions IV and VI; one Career Development Program for with court personnel who are officers of the different
Court Legal Researchers of Luzon; and Career Enhancement judiciary associations and members of the Appellate Courts
Programs each for RTC Clerks of Court of Region IV, Court as resource persons.
Social Workers of Regions VIVIII, and RTC Sheriffs of the
NCJR (Batch 2). PHILJA also lent a hand in the conduct of the 17th National
Convention and Seminar of the Metropolitan and City Judges
The following special focus programs were conducted Association of the Philippines (MeTCJAP) in Batangas City. We
during the quarter: Seminar-Workshops on Dangerous Drugs also continued to support the Courts Enhanced Justice on
Law for Judges, Prosecutors and Law Enforcers of Regions V Wheels (EJOW) Program with the conduct of the Information
and VII; Seminar-Workshop on Strengthening Judicial Integrity Dissemination through Dialogue among Barangay Officials
and Rule of Law for Selected Judges of Regions VI and VII; the and Court Officials in the following areasCity of Balanga,
Third Forum on Women Leaders on the topic of biodiversity Bataan and the City of Angeles, Pampanga in Luzon and in the
conservation; the Sixth Seminar-Workshop on Deposit City of Ormoc and Province of Samar in the Visayas.
Insurance, Banking Practices and Bank Conservatorship,
Receivership and Liquidation; a Training Seminar on the The Academy, through the Philippine Mediation Center
Guidelines for Continuous Trial of Criminal Cases and Skills Office (PMCO), conducted a number of activities in support
Development for Judges of Pilot Courts; a Competency of alternative dispute resolution such as the Orientation
Seminar on Legal Writing; two batches of Personal Security Programs on Judicial Dispute Resolution (JDR) for Clerks of
Training (PST) for Judges; a Seminar-Workshop for Judges of Court and Branch Clerks of Court and for Public Prosecutors,
Regions IV and V on the topic of financial crimes and money Public Attorneys and Law Practitioners; Basic Mediation
laundering; a Competency Enhancement Training for Judges (Continued on page 2)
2 July - September 2015

Contents Continued from page 1

Courses; as well as Pre-Internship Orientation and Meeting


From The Chancellors Desk . . . . . . . . . . . . . . . . . . . . . . . 1 with Judges, Clerks of Court, Branch Clerks of Court, Mediation
Training Programs and Activities . . . . . . . . . . . . . . . . . . . 3 Trainees, and PMCU Staff in Palawan and Oriental Mindoro.
Doctrinal Reminders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Other mediation programs conducted this quarter were
the WOSES or Work Orientation and Skills Enhancement
Circulars Seminar given to selected PMC Unit Staff; Orientation
Administrative Circular No. 83-2015 Protocols and Conference with Stakeholders on Court-Annexed Mediation
Procedures in the Promulgation, Publication, and for the North Cotabato and Sultan Kudarat Mediation
Posting on the Websites of Decisions, Final Resolutions, Programs; Refresher/Advanced Courses for Court-Annexed
and Final Orders Using Fictitious Names . . . . . . . . . . . . . . 17 Mediators under the Bohol Mediation Program as well as the
OCA Circular No. 103-2015 Implementation of Cagayan and Isabela Mediation Programs; Orientation and
Section 36 of Republic Act No. 9285 and Submission Screening of Prospective Mediators and PMC Unit Staff under
of Inventory Reports in Relation Thereto . . . . . . . . . . 20 the Palawan, North Cotabato and Sultan Kudarat Mediation
OCA Circular No. 113-2015 Advice and Instructions Programs; and Judicial Settlement Conference for Judges on
Concerning the Piloting of Rules 22 and 24 of the Judicial Dispute Resolution (Skills-based Course).
Proposed Rules of Civil Procedure . . . . . . . . . . . . . . . . . . 21
We also held a Roundtable Discussion (RTD) for Judges
OCA Circular No. 144-2015 Non-Attendance in the on Intellectual Property Rights and Public Health, as well as a
Philippine Judicial Academy Seminars . . . . . . . . . . . . . . 23 Special Lecture under the Academic Excellence Lecture Series
OCA Circular No. 146-2015 Membership Application in the Judiciary (AELSJ) featuring Retired Supreme Court
Form on the Supreme Court Health and Welfare Plan Associate Justice Jose C. Vitug who spoke on Coping with
for the Year 2016 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 the Developing Landscape in Civil Law before an enthusiastic
OCA Circular No. 155-2015 Amendments to A.M. audience composed of students, lawyers, members of the
No. 04-7-02-SC (Re: Guidelines on Corporate Surety bench and professors from the Angeles University Foundation
Bonds) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 in Angeles, Pampanga.
OCA Circular No. 168-2015 Effects of Suspension We likewise continue to take note and share new rulings,
Meted on Justices or Judges . . . . . . . . . . . . . . . . . . . . . . . 24 orders, resolutions and circulars of the Supreme Court, as
OCA Circular No. 173-2015 Submission of Monthly well as new OCA circulars in the quarterly issue of the PHILJA
Inventory of Cases for the Pilot-Testing of Rules 22 Bulletin and learning resources in the PHILJA website.
and 24 of the Draft Revised Rules of Civil Procedure . . 25
In all these activities, the Academy saw the notable
OCA Circular No. 174-2015 Lifting of Compliance performance of its teams and personnel, doing their tasks
with OCA Circular No. 74-2013 (Re: Submission of
with dedication and loyalty. Thank you all.
Copies of Dismissed Drug Cases) . . . . . . . . . . . . . . . . . . . 26
I also wish to thank all our development partners who
OCA Circular No. 189-2015 Unauthorized Collection
of One Thousand Pesos (P1,000) Deposit in have unfailingly extended to us funding, expertise, sharing of
ExtraJudicial Foreclosure Cases . . . . . . . . . . . . . . . . . . . 26 best practices and the bond of friendship for many years now.
Thank you, too, to the Honorable Chief Justice and Associate
OCA Circular No. 206-2015 Resolution Dated June
16, 2015 in A.M. No. 03-03-03-SC (Amendment of Justices of the Supreme Court for the unstinting support
A.M. No. 03-03-03-SC Dated June 17, 2003, for the and inspiration given to PHILJA and all its undertakings. The
Expansion of the Coverage of Cases Cognizable by success of the Academy hinges on all these support for its
the Special Commercial Courts to Include All Cases on endeavors.
Insolvency and Liquidation under the FRIA) . . . . . . . . . . 27
Finally, thanks to the Almighty for the blessings and
OCA Circular No. 213-2015 Guidelines for the graces needed to serve our people effectively.
Special Additional Expense Allowance for Assisting
Court Judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 All the best.
OCA Circular No. 222-2015 Amendment to OCA
Circular No. 07-2013, Timely Submission of Certificates

of Service of Judges and Daily Time Records (DTRs)/
Bundy Cards of Personnel of the Lower Courts . . . . . . 28 ADOLFO S. AZCUNA
Chancellor
Fourth Quarter 2015 Training Programs and Activities . . 32
Volume XVII Issue No. 67 3

Training Programs and Activities

PHILJA Welcomes New Vice Chancellor and Chief for PMCO

On July 22, PHILJA officials and employees warmly welcomed retired Supreme Court (SC) Associate Justice Romeo J. Callejo, Sr.
as PHILJA Vice Chancellor and Judge Geraldine Faith A. Econg as PHILJA Chief of Office for Philippine Mediation Center (PMC).
Justice Callejo, appointed for a term of two years per SC En Banc Resolution A.M. No. 15-07-02-SC-PHILJA, succeeds Justice
Justo P. Torres, Jr. whose term expired on May 9, 2015. Justice Torres served as PHILJA Vice Chancellor for 10 years.
Judge Econg was likewise appointed for a term of two years per the High Courts En Banc Resolution A.M. No. 15-04-01-SC-
PHILJA.

Justice ROMEO J. CALLEJO, Sr.


Justice Callejo obtained his Associate in Arts and Bachelor of Laws degrees from the San Beda College. He
joined the office of the late Senator Jose W. Diokno immediately after passing the Bar. He was a Partner in
Montenegro, Mandayag and Hernandez Law Office before he was appointed in 1987 as Presiding Judge
of the Manila Regional Trial Court. He was appointed in 1994 as Associate Justice of the Court of Appeals
where he served as Chairperson of the 10th Division. In 2002, he was appointed as Associate Justice of
the Supreme Court, during which he chaired the Committee on Legal Education and Bar Matters. Justice
Callejo was the Chairperson of the 2005 Bar Examinations Committee. After his retirement from the High
Court, he became the Chairperson of the Supreme Court Committee that drafted the Revision of Rule 65
of the Revised Rules of Court approved by the Supreme Court and of the Rules of Evidence pending approval by the SC. He
served as Chair of PHILJAs Department of Criminal Law in 1998.
Justice Callejo taught Criminal Law, Criminal Procedure, Evidence and Trial Technique and Remedial Law in San Beda
College, Ateneo de Manila University and the UP Law Center. He is a member of the Board of Trustees of the Society of Judicial
Excellence and an alumnus of the Academy of Comparative and International Law of the University of Texas.
He was named Outstanding Judge of Manila in 1991 and in 1994, and an awardee of the coveted Cayetano Arellano
Award for Judicial Excellence by the Foundation for Judicial Excellence in 1993.
Justice Callejo, who hails from Sta. Ana, Ilocos Sur, is a loving husband to Ma. Filipinas Villanueva, doting father to Romeo
Gerard, and Geraldine Callejo-Geday, and a proud grandfather to Jacqueline, Alicia and Amelie.

Judge GERALDINE FAITH A. ECONG


Before her appointment to the bench, Judge Econg was a private law practitioner specializing in natural
resources and environmental law. Her judicial career started when she was appointed in 2002 as Judge of
the Minglanilla Municipal Trial Court in Cebu and later in 2004 as Presiding Judge of RTC Branch 9, Cebu
City. In 2010, she became the Judicial Reform Program Administrator of the Supreme Courts Program
Management Office. She was designated on May 10, 2015 as Acting Head of the Academys Philippine
Mediation Center Office (PMCO) until her recent appointment as PHILJA Chief of Office for PMC in July
2015.
In 2006 and 2008, she took up special courses in court and case management at the National Center for State Courts
(NCSC) based in United States of America. She is an Associate Mediator at the Singapore Mediation Center.
Judge Econg, obtained her Bachelor of Philosophy and Bachelor of Laws degrees from the University of San Carlos,
Cebu City. She placed 15th in the 1993 Bar Examinations. She also holds a Diploma in Urban and Regional Planning from the
University of the Philippines, a Certificate in Environmental Management and a Certificate in International Criminal Law from
Salzburg University, Austria.
4 July - September 2015

2015 Biotechnology Outreach Project

A 21-member PHILJA delegation attended the 2015 The PHILJA delegation, led by Research, Publications
Biotechnology Outreach Project of the United States and Linkages Office Head Dean Sedfrey M. Candelaria, was
Department of State held at the New World Manila Bay on welcomed by Mr. Richard A. Bakewell, Environment, Science
September 23. and Technology, Health and Energy Officer of the US Embassy.
Dr. Pesach Lubinsky, Science Advisor at the US Department Dean Candelaria thanked the US Embassy for the opportunity
of Agriculture, in his presentation entitled Coexistence: A given to the Academys delegation to learn from a very timely
Perspective from the United States discussed biotechnology, and substantive session on a relevant subject matter such as
organic farming, coexistence of biotechnology and organic biotechnology.
farming practices, and genetically engineered and identically The US Department of State supports the US Biotechnology
preserved crops. He also shared the United States stand on Outreach Program aimed at promoting better understanding
biotechnology and coexistence, and the work of the Advisory and dialogue among stakeholders on biotechnology issues.
Council for the 21st Century Agriculture. A lively open forum In recognition of the country as one of the regional leaders
followed Dr. Lubinskys presentation. (Continued on page 6)

Roundtable Discussion for Judges on


Intellectual Property Rights and Public Health

The Philippine Judicial Academy, in partnership with the United wonderful opportunity for the participants to learn recent
Nations Conference on Trade and Development (UNCTAD), developments on intellectual property and public health that
held a Roundtable Discussion for Judges on Intellectual will be helpful in the administration of justice in our courts.
Property Rights and Public Health on July 29 to 30 at the Mr. Kiyoshi Adachi, Chief of the Intellectual Property Unit of
Century Park Hotel in Manila attended by 24 participants, UNCTAD shared a short background of UNCTAD and briefly
composed of selected RTC judges, representatives from discussed the TRIPS declaration on public health and the
the Intellectual Property Office of the Philippines (IPOPHL), interconnection between intellectual property and public
American Bar AssociationRule of Law Initiative (ABA-ROLI) health. Ms. Thamara Romero, Legal Officer of the Intellectual
and intellectual property law firms. The two-day activity Property Unit, UNCTAD, discussed key issues and current
was designed to discuss issues and concerns affecting the international and local trends in intellectual property rights
disposition of intellectual property rights cases and improve and development in relation to public health and local
the skills of judges in using health-related TRIPS (Trade- pharmaceutical production.
Related Aspects of Intellectual Property Rights) flexibilities in
A series of discussions followed on the following topics:
law interpretations and application.
emerging issues on patents and patentability (international
PHILJA Chancellor Justice Adolfo S. Azcuna said in
(Continued on page 12)
his Opening Remarks that the RTD is a very timely and
Volume XVII Issue No. 67 5

Third Forum of Women Leaders on


Biodiversity Conservation

On July 21, the Academy convened the Philippines leading Justice Fernanda Lampas Peralta, Ombudsman Conchita Carpio
women advocates of biodiversity conservation and Morales, Secretary of Justice Leila M. De Lima, Department of
environmental law enforcement at the Third Forum of Women Environment and Natural Resources Undersecretary Analiza
Leaders on Biodiversity Conservation, in partnership with the R. Teh, Bureau of Fisheries and Aquatic Resources Assistant
United States Agency for International Development (USAID) Director Drusila Esther E. Bayate, Dr. Cecilia N. Gascon of the
and the United States Department of the Interior (USDOI). Southern Luzon State University, Dr. Minerva I. Morales of the
The guests of honor of the Forum, all renowned women Catanduanes State University, Ms. Karen Davila of ABS-CBN
in government, academe and media, were Court of Appeals Integrated News and Current Affairs, and CTI Government
Representatives Ms. Loreta A. Sollestre and Ms. Angelique M.
Songco. Their short presentations highlighted their respective
accomplishments and significant contributions in biodiversity
conservation and environmental law enforcement, and
promoted ways to increase collaborative efforts to protect
the environment.
Chancellor Adolfo S. Azcuna, Department of Agriculture
Undersecretary and BFAR Director Asis G. Perez and USAID
Mission Director Gloria D. Steele delivered their messages
before the 54 Forum participants coming from the Judiciary,
Executive, Institute of Environmental Governance, National
Coral Triangle Coordinating Committee, USAID, and Media.
6 July - September 2015

Training Seminar on the Guidelines


for Continuous Trial of Criminal Cases
and Skills Development for Judges of Pilot Courts

A Training Seminar on the Guidelines for Continuous Trial of Preliminary Investigation and Arrest, Arraignment and Pre-
Criminal Cases and Skills Development for Judges of Pilot Courts Trial, Trial Proper, and Promulgation of Judgment. Participants
was conducted by the Supreme Court, the Special Committee were later divided into groups for a workshop on automated
on Speedy Trial and the Philippine Judicial Academy on July hearing.
23 to 24 at the PHILJA Training Center in Tagaytay City. Fifty-
PHILJA Chancellor Justice Adolfo S. Azcuna started
seven participants attended the activity, among them were
the second day of the activity with his remarks on how the
SC justices, members of the Special Committee on Speedy
Guidelines on Continuous Trial will revolutionize the trial
Trial, the Technical Working Group on Continuous Trial, the
of cases in the country. Justice Peralta then discussed the
Monitoring Team, and pilot court judges.
Rules of Criminal Procedure, the Supreme Court Resolution:
The two-day training seminar provided participants Guidelines for Litigation in Quezon City Trial Courts, the Rules
with a comprehensive view of the Guidelines for Continuous of Procedure for Environmental Cases, the Rules of Procedure
Trial of Criminal Cases in Pilot Courts (Administrative Matter for Intellectual Property Rights Case, Republic Act No. 9165
No. 15-06-10-SC), which the Supreme Court, upon the also known as the Dangerous Drugs Act of 2002, and motions
recommendation of the Special Committee on Speedy Trial, that delay proceedings. Court Administrator Jose Midas P.
approved on June 30, 2015. The guidelines will take effect on Marquez delivered the Closing Remarks.
August 17, 2015.
In April 2015, the Special Committee on Speedy Trial
Newly appointed PHILJA Vice Chancellor Justice Romeo was tasked to formulate guidelines for the pilot and full
J. Callejo, Sr. welcomed the participants to the activity and implementation of the continuous trial system for criminal
remarked that initiatives such as the Guidelines on Continuous cases. The Committee is composed of SC Justice Diosdado M.
Trial are ways to improve the Philippine criminal justice Peralta as Chairperson; SC Justice Lucas P. Bersamin as Vice
system and expressed hope that the judges will perform their Chairperson; and SC Justice Martin S. Villarama, Jr., SC Justice
jobs with integrity, competence and diligence. PHILJA Chief of Jose C. Mendoza, Court of Appeals (CA) Justice Magdangal M.
Office for Academic Affairs Justice Delilah Vidallon-Magtolis De Leon, CA Justice Mario V. Lopez, CA Justice Maria Filomena
read the Keynote Message of Chief Justice Maria Lourdes P. A. D. Singh, CA Justice Fernanda Lampas Peralta, Sandiganbayan
Sereno, wherein the Chief Justice expressed gratitude to the Justice Alexander G. Gesmundo, and Court Administrator
52 judges who have volunteered to implement continuous Jose Midas P. Marquez, as members.
trial in selected criminal cases. If this first batch of volunteer
The Guidelines was one of the reform and innovation
judges succeed in proving that continuous trial can be the
initiatives launched as part of the judicial reform agenda of the
procedural norm in the first pool of hundreds of cases to
Philippine Supreme Court under Chief Justice Sereno. The four
be tried on a continuous basis, then the Filipino judiciary
pillars of this judicial reform agenda are: 1) institutionalized
will have shattered another popular belief: that here in the
integrity and restored public credibility, 2) ensuring the
Philippines, the public has to resign itself to a turtle-paced
predictability, rationality, speed and responsiveness of judicial
justice system, the Chief Justice said in her message. She
actions, 3) improved systems, processes and infrastructures,
also congratulated the members of the Special Committee on
and 4) effective and efficient human resources.
Speedy Trial and the Technical Working Group on Continuous
Trial. Their efforts, as well as those of our volunteer judges,
provide the most effective proof that the judiciary is poised to 2015 Biotechnology Outreach Project
Continued from page 4
fulfill its goal of setting the gold standard in public service, CJ
Sereno said. in agricultural biotechnology development, adoption
and trade, the US Department of State has reached out
Justice Diosdado M. Peralta provided an overview of the to its Philippine partners in the academe, government
Continuous Trial Project and discussed the salient points of the regulators, industry groups, farmers and non-government
Guidelines on Continuous Trial: Application and Jurisdiction, organizations.
Volume XVII Issue No. 67 7

Roundtable Discussion for Judges: Knowledge Sharing in Handling


Financial Crimes Cases Involving Investment Schemes (Pyramid/Ponzi Schemes)

PHILJA conducted a roundtable discussion on handling Atty. Hanks and Atty. Broder shared the international
financial crimes cases involving investment schemes on perspective on the emerging trends and best practices
September 15 at the Manila Diamond Hotel attended by 17 in handling and deciding financial crimes cases involving
selected pairing judges from the National Capital Judicial investment schemes, as well as the key indicators, red
Region and representatives from the United States Federal flags, transaction patterns and tell-tale signs of pyramid/
Trade Commission. The one-day knowledge sharing activity ponzi schemes. Judge Maria Rowena Modesto-San Pedro,
aimed to re-apprise the participants of the various laws, rules on the other hand, discussed various Philippine cases and
and jurisprudence on financial crimes involving investment rules concerning pyramid/ponzi schemes, existing Philippine
schemes and to discover emerging trends and best practices pyramid schemes, potential scams, and the Eight-Point
in other jurisdictions to further enhance Philippine judges Test developed by the Direct Shopping Association of the
capacity to handle and decide investment fraud cases. Philippines (DSAP). Atty. Hanks, Atty. Broder and Judge San
Atty. Jose Jesus M. Disini, Jr., PHILJA Professorial Lecturer II, Pedro facilitated another open discussion where participants
provided an overview of the elements and types of investment shared their experiences and challenges in handling and
schemes and a discussion of related Philippine laws and rules. deciding financial crimes cases involving investment schemes,
His presentation was followed by an open panel discussion on ways on how to deal with media pressure/influence, security
the issues and concerns in handling financial crimes cases on concerns in handling said crimes, and the legal remedies
investment schemes with panelists Securities and Exchange available to victims.
Commission Chairperson Teresita J. Herbosa, PHILJA Vice PHILJA Chancellor Justice Adolfo S. Azcuna welcomed
Chancellor Justice Romeo J. Callejo, Sr., Mr. Eric OMalley of the speakers, resource persons and participants. He said that
the United States Department of Justice Criminal Division roundtable discussions are conducted by the Academy as
Office of Overseas Prosecutorial Development, Assistance and venues for sharing of knowledge and experiences to improve
Training (USDOJ-OPDAT), Atty. Daniel Hanks and Atty. Betsy the quality of administration of justice. Mr. OMalley in his
Broder, both of the United States Federal Trade Commission. message said that he views the Philippines as resourceful
During the said panel discussion, participants were given because it opens itself to learning through sharing of ideas
the opportunity to suggest ways on how to best handle and open dialogue, the ultimate goal of which is to achieve
investment fraud cases. Among their proposals were for the justice. Justice Callejo in his closing remarks expressed his
Supreme Court to issue an administrative circular mandating hope that the sharings and learnings from the activity will
the conduct of continuous trial for investment fraud/anti- enhance the capacity of judges in handling and deciding fraud
money laundering cases and the creation of special courts to cases.
handle syndicated estafa cases.
8 July - September 2015

Orientation-Seminar
Hon. Erriza Dawn B. Narciso
MTCC, Br. 2, Cabanatuan City, Nueva Ecija
73rd Orientation Seminar-Workshop for Newly Appointed
Municipal Trial Courts
Judges
Date: September 817, 2015 Region III
Venue: PHILJA Training Center, Tagaytay City Hon. Ann Eillene S. Morales-Java
Participants: 23 newly appointed and 6 promoted judges, MTC, Jaen, Nueva Ecija
namely: Hon. Wendell M. Ramiterre
MTC, Floridablanca, Pampanga
I. New Appointments
Municipal Circuit Trial Courts
Regional Trial Courts
Region III Region III
Hon. Jonathan M. Agnes Hon. Philip M. Cruz
RTC, Br. 6, Malolos City, Bulacan 1st MCTC: Dinalupihan-Hermosa, Bataan
Hon. Bernar D. Fajardo Hon. Maricar P. Dela Cruz-Buban
RTC, Br. 67, Paniqui, Tarlac 3rd MCTC: Orion-Pilar, Bataan
Hon. Maria Cristina G. Laderas Sharia Circuit Court
RTC, Br. 85, Malolos City, Bulacan
Hon. Robert Alexander R. Malig Region XII
RTC, Br. 45, City of San Fernando, Pampanga Hon. Palawan R. Cayongccat
Hon. Antonio Ray A. Ortiguera Shariff Aguak-Ampatuan, Maguindanao
RTC, Br. 2, Balanga, Bataan
Metropolitan Trial Courts II. Promotion

NCJR Regional Trial Courts


Hon. Don Ace Mariano V. Alagar NCJR
MeTC, Br. 43, Quezon City Hon. Lyn C. Ebora-Cacha
Hon. Minerva M. Alejandria-Bautista RTC, Br. 82, Quezon City
MeTC, Br. 16, Manila Hon. Maria Gilda T. Loja-Pangilinan
Hon. Juliet C. Azarraga-Chanyongco RTC, Br. 230, Quezon City
MeTC, Br. 53, Caloocan City Hon. Mitushealla R. Manzanero-Casio
Hon. Maria Lorenza I. Barias-Siosana RTC, Br. 228, Quezon City
MeTC, Br. 49, Caloocan City Hon. Marilou D. Runes-Tamang
Hon. Rolando A. De Guzman, Jr. RTC, Br. 98, Quezon City
MeTC, Br. 72, Pasig City
Hon. Michelle G. Divina-Delfin Region I
MeTC, Br. 8, Manila Hon. Junius F. Dalaten
Hon. Maria Ella Cecilia D. Dumlao-Escalante RTC, Br. 50, Villasis, Pangasinan
MeTC, Br. 35, Quezon City Region III
Hon. Nio Delvin E. Embuscado Hon. Leo Cecilio D. Bautista
MeTC, Br. 66, Makati City RTC, Br. 38, San Jose City, Nueva Ecija
Hon. Paul A. Flor
MeTC, Br. 20, Manila III. Completion
Hon. Remiebel U. Mondia
MeTC, Br. 45, Pasay City Hon. Sheryll D. Tulabing **
Hon. John Boomsri S. Rodolfo MeTC, Br. 56, Malabon City
MeTC, Br. 38, Quezon City
Municipal Trial Courts in Cities * Was issued Certificate of Compliance only for being absent on
Region III September 8 (whole day) and September 16 (morning).
** Was issued Certificate of Completion for attending missed
Hon. Joeven D. Dellosa* subjects during the 70th Orientation Seminar-Workshop for
MTCC, Br. 2, City of San Fernando, Pampanga Newly Appointed Judges.
Volume XVII Issue No. 67 9

46. Katrina Jorelle P. Villena


Pre-Judicature Program 47. Grace L. Yulo
48. Michel Kristian R. Ablan*

35th Pre-Judicature Program Judicial Career Enhancement Program


Date: July 2031, 2015
(JCEP)
Venue: Bayleaf Hotel, Intramuros, Manila
Participants: 47 lawyers, namely:
JCEP for First Level Court Judges
1. Maria Teresa S. Abadilla
2. Romeo E. Agacita, Jr. Fourth Judicial Region (Mindoro, Marinduque,
3. Gina A. Antonio Romblon, Palawan and Batangas)
4. May T. Aquino-Wong Date: July 13, 2015
5. Hannah V. Arriola Venue: PHILJA Training Center, Tagaytay City
6. Lorelei S. Balansay-Tapia Participants: 48 MTCC, MTC and MCTC judges
7. Kate S. Bansuelo Sixth Judicial Region
8. Jennifer E. Bayaua Date: July 1416, 2015
9. Mary Kwen P. Caete-Elefante Venue: PHILJA Training Center, Tagaytay City
10. Niven R. Canlapan Participants: 56 MTCC, MTC and MCTC judges
11. Uriel N. Castillo
12. Ma. Chrsitina G. Castillo
13. Meliecar R. Castro Career Development Program
14. Theresa G. Cinco-Bactat
15. Helen B. Constantino-Balbuena
16. Ana Florence S. Cuntapay-Oamil Career Development Program for Court Legal
17. Joanne Sharon C. Dela Cruz Researchers of Luzon
18. Carmelita R. Delos Santos Date: July 2829, 2015
19. Jennet A. Delos Santos-Paras Venue: PHILJA Training Center, Tagaytay City
20. Erwin Y. Dimayacyac Participants: 72 Sandiganbayan, RTC and MTCC court legal
21. Reichelle S. Divino-Abejero researchers from Luzon
22. Ma. Lorelai Andrea C. Dulig
23. Cherrie Q. Frias-Altura
24. Karla A. Funtila-Abugan Career Enhancement Program
25. Jerico G. Gay-ya
26. David S. Gojunco
Career Enhancement Program for RTC Clerks of Court
27. Deanabeth C. Gonzales
28. Joseph M. Inocencio Region IV
29. Dorina H. Joya Date: July 79, 2015
30. Romeo N. Juayno, Jr. Venue: PHILJA Training Center, Tagaytay City
31. Lily Joy A. Labayo-Patria Participants: 90 RTC clerks of court
32. Grace A. Lagadia Career Enhancement Program for Court Social Workers
33. Joan O. Lumawag
34. Joy Z. Manaog Regions VI VIII
35. Gian Enrico C. Navarro Date: July 79, 2015
36. George C. Omelio, Jr. Venue: Harolds Hotel, Cebu City
37. Marinelle B. OSantos-Tubayan Participants: 25 RTC court social workers
38. Myrna B. Pacala Career Enhancement Program for RTC Sheriffs NCJR
39. Maria Theresita E. Patula (Batch 2)
40. Francisco Benito A. Saavedra Date: July 1416, 2015
41. Rino E. Sabarre Venue: PHILJA Training Center, Tagaytay City
42. Adrian Ferdinand S. Sugay Participants: 44 RTC sheriffs
43. Francis Tom F. Temprosa
44. Allene C. Torres-Pena * From Batch 34, only attended sessions on afternoon of July 29
45. Karyn Lee A. Tribaco and whole day of July 30
10 July - September 2015

Special Focus Program

Seminar-Workshop on Dangerous Drugs Law for Judges, Competency Seminar on Legal Writing
Prosecutors and Law Enforcers Date: July 27, 2015
Venue: Conference Room, Annex 1 Building, Court of
Region V Appeals, Manila
Date: June 30July 2, 2015 Participants: 20 lawyers and non-lawyers from the Office of
Venue: The Avenue Plaza Hotel, Naga City Justice Mariano C. del Castillo
Participants: 93 RTC judges, prosecutors, law enforcers and
representatives from the DOH Information Dissemination through a Dialogue between
Barangay Officials and Court Officials
Region VII
Date: September 13, 2015 City of Balanga
Venue: Harolds Hotel, Cebu City Date: July 30, 2015
Participants: 86 RTC judges, prosecutors, representatives Venue: Bulwagan II, Capitol Compound, Balanga City
from PDEA, AIDSOTF, NBI, PPA, NAPOLCOM and DOH Participants: 78 barangay and court officials

City of Angeles
Seminar-Workshop on Strengthening Judicial Integrity Date: July 31, 2015
Venue: Angeles City Session Hall, Ground Floor, Pulung
and Rule of Law for Selected Judges
Maragul, Angeles City
Regions VI and VII Participants: 91 barangay and court officials
Date: July 1516, 2015
Venue: Hotel Essencia, Dumaguete City City of Ormoc
Participants: 24 RTC judges Date: September 3, 2015
Venue: Ormoc City Superdome, Larrazabal Street, Ormoc
City, Leyte
Third Forum of Women Leaders on Biodiversity Participants: 191 barangay and court officials
Conservation
Date: July 21, 2015 Province of Samar
Venue: Diamond Hotel, Manila Date: September 4, 2015
Participants: 54 representatives from the judicary, other Venue: Covered Court, Provincial Capitol Ground, Catbalogan
government agencies, LGUs, academe, civil society groups, City, Samar
USAID and media Participants: 81 barangay and court officials

Competency Enhancement Training


Sixth Seminar-Workshop on Deposit Insurance, Banking Judges, Prosecutors, Social Workers and Law
Practices and Bank Conservatorship, Receivership and Enforcement Investigators Handling Trafficking in
Liquidation Persons Cases
Date: July 2223, 2015 Date: September 13, 2015
Venue: PHILJA Training Center, Tagaytay City Venue: Hotel Essencia, Dumaguete City
Participants: 28 RTC judges and 10 PDCI observers Participants: 53 RTC judges, prosecutors, social workers and
law enforcers
Judges and Court Personnel Handling Cases Involving
Training Seminar on the Guidelines for Continuous Trial Children
of Criminal Cases and Skills Development for Judges of Date: September 810, 2015
Pilot Courts Venue: Hotel Jen, Roxas Boulevard, Pasay City
Date: July 2324, 2015 Participants: 70 RTC judges, clerks of court/officers in
Venue: PHILJA Training Center, Tagaytay City charge, court interpreters, court social workers, local social
Participants: 57 comprising Supreme Court Justices, workers, prosecutors, PAO lawyers, and representatives
Supreme Court Committee on Speedy Trial, Monitoring from Child Protection Unit Network and Consuelo Zobel
Team, Technical Working Group and pilot court judges Alger Foundation
Volume XVII Issue No. 67 11

Seminar-Workshop for Judges of the Fourth and Roundtable Discussion


Fifth Judicial Regions on Financial Crimes and Money
Laundering
Date: September 1617, 2015 Roundtable Discussion for Judges on Intellectual
Venue: Diamond Hotel, Manila Property Rights and Public Health
Participants: 35 RTC judges from Regions IV and V Date: July 2930, 2015
Venue: Century Park Hotel, Manila
Personal Security Training for Judges Participants: 24 selected RTC judges from NCJR and regions
Date: September 13, 2015 III and IV, representatives from IPOPHL, ABA-ROLI and
Venue: PHILJA Training Center, Tagaytay City Bengzon Perez Untalan IP Law Firm
Participants: 44 RTC, MeTC, MTCC, MTC, and MCTC judges
from NCJR and Region IV Roundtable Discussion: Knowledge Sharing in Handling
Financial Crimes Cases Involving Investment Schemes
Date: September 2224, 2015
(Pyramid/Ponzi Schemes)
Venue: PHILJA Training Center, Tagaytay City
Date: September 15, 2015
Participants: 43 RTC, MeTC, MTCC, MTC, and MCTC judges
Venue: Diamond Hotel, Manila
from NCJR and Regions III, IV and VII Participants: 17 selected RTC judges from NCJR

Special Lecture
Convention-Seminar

Academic Excellence Lecture Series in the Judiciary


17th National Convention and Seminar of the featuring Coping with the Developing Landscape in Civil
Metropolitan and City Judges Association of the Law by Justice Jose C. Vitug
Philippines (MeTCJAP) Date: September 18, 2015
Theme: Sharpening the Saw: Venue: Angeles University Foundation, Angeles City,
Fortifying Judicial Integrity and Dignity Pampanga
Date: September 2325, 2015 Participants: 340 PHILJA officials and employees,
Venue: LIMA Park Hotel, Malvar, Batangas representatives from Metrobank Foundation, Inc., selected
Participants: 133 judges judges, branch clerks of court and court legal researchers
from RTC, MeTC, MTCC, MTC and MCTC, Angeles University
Foundation officials, faculty and students, and other guests

Discussion Session Alternative Dispute Resolution Program

PHILJA Curriculum Review: Orientation and Screening of Prospective Mediators and


Focus Group Discussion (FGD) PMCU Staff
Court Personnel Palawan Mediation Program
Date: September 10, 2015 Date: July 9, 2015
Venue: Alex Reyes Conference Room, Court of Appeals, Manila Venue: Hall of Justice, Puerto Princesa City, Palawan
Participants: 21 court personnel Participants: 46 prospective mediators and PMCU staff

Members of the Appellate Courts North Cotabato Mediation Program


Date: September 10, 2015 Date: September 8, 2015
Venue: Alex Reyes Conference Room, Court of Appeals, Manila Venue: Hall of Justice, Kidapawan City, North Cotabato
Participants: 15 appellate justices Participants: 48 prospective mediators and PMCU staff
12 July - September 2015

Sultan Kudarat Mediation Program Orientation Conference with Stakeholders on


Court-Annexed Mediation
Date: September 10, 2015
Venue: Hall of Justice, Isulan, Sultan Kudarat North Cotabato and Sultan Kudarat Mediation
Participants: 25 prospective mediators and PMCU staff Programs
Date: July 30, 2015
Orientation of Clerks of Court and Branch Clerks of Court Venue: JC Leisure and Business Place, Kidapawan City, North
on Judicial Dispute Resolution Cotabato
Date: July 23, 2015 Participants: 100 judges, clerks of court, representatives
Venue: Malolos Resort Club Royale, Malolos City, Bulacan from the National Prosecution Service, PAO, IBP, LGUs,
Participants: 60 clerks of court and branch clerks of court NGOs, business sector, civil societies, academe and media

Refresher/Advanced Course for Court-Annexed


Orientation of Public Prosecutors, Public Attorneys and Mediators
Law Practitioners on Judicial Dispute Resolution Bohol Mediation Program
Date: July 23, 2015 Date: August 45, 2015
Venue: Malolos Resort Club Royale, Malolos City, Bulacan Venue: Arabelle Suites, Tagbilaran City, Bohol
Participants: 36 prosecutors, PAO and IBP lawyers and law Participants: 22 mediators
practitioners
Cagayan and Isabela Mediation Programs
Date: September 1516, 2015
Basic Mediation Course Venue: The Hotel Sophia, Cauayan City, Isabela
Participants: 27 mediators
Oriental Mindoro Mediation Program
Date: June 30July 3, 2015 Faculty Workshop and Judicial Settlement Conference
Venue: Filipiniana Hotel, Calapan City, Oriental Mindoro for Judges on Judicial Dispute Resolution
Participants: 31 mediators (Skills-based Course)
Date: July 710, 2015
Palawan Mediation Program
Venue: PHILJA Training Center, Tagaytay City
Date: August 1114, 2015
Participants: 65 RTC, MTCC, MTC and MCTC judges
Venue: Sunlight Guest Hotel, Puerto Princesa City, Palawan
Participants: 21 mediators
Roundtable Discussion for Judges on Intellectual Property
Rights and Public Health (Continued from page 4)
Pre-Internship Orientation and Meeting with Judges,
Clerks of Court, Branch Clerks of Court, Mediation perspective: Ms. Romero, Philippine perspective: Atty.
Trainees and PMCU Staff Ferdinand Negre); challenges and best practices on
patents (international perspective: Ms. Romero, Philippine
Oriental Mindoro Mediation Program perspective: Atty. Edmund Jason Baranda); experimental
Date: July 3, 2015 use exception, regulatory review exception and parallel
Venue: Filipiniana Hotel, Calapan City, Oriental Mindoro imports under Patent Law, Canada-patent protection
Participants: 50 judges, clerks of court, branch clerks of of pharmaceuticals (Mr. Adachi); compulsory licenses
court, mediation trainees and PMCU staff (Ms. Romero); protection of pharmaceutical test data
(Mr. Adachi); anti-competitive practices (Mr. Adachi);
Palawan Mediation Program and patent enforcement and permanent injunction (Ms.
Date: August 14, 2015 Romero). The discussions revolved around international
Venue: Sunlight Guest Hotel, Puerto Princesa City, Palawan and Philippine perspectives supported by statistics,
Participants: 47 judges, clerks of court, mediation trainees cases, principles, and policies of the Court and other
and PMCU staff government agencies. Generic medicine production and
its legality, and generics efficacy were also tackled. The
participant-judges participated actively during the open
Work Orientation and Skills Enhancement Seminar for discussions that followed each lecture. Judge Maria
Philippine Mediation Center Unit Staff Rowena San Pedro provided a synthesis of the two-day
Date: August 2627, 2015 roundtable discussion. A Closing Remarks was delivered
Venue: PHILJA Training Center, Tagaytay City by PHILJA Vice Chancellor Romeo J. Callejo, Sr.
Participants: 75 PMCU staff
Volume XVII Issue No. 67 13

Deputy Court Administrator (DCA) Raul B. Villanueva (seated, center) with the participants of the 73rd Orientation Seminar-Workshop for Newly
Appointed Judges held on September 817, 2015, at the PHILJA Training Center, Tagaytay City.

PHILJA Chancellor Adolfo S. Azcuna (seated, center) and Dean Sedfrey M. Candelaria (seated, seventh from right), Head of the Academys Research,
Publications, and Linkages Office (RPLO), with the participants of the Judcial Career Enhancement Program (JCEP) for First Level Court Judges of the
Fourth Judicial Region (Mindoro, Marinduque, Romblon, Palawan and Batangas) held on July 13, 2015, at the PHILJA Training Center, Tagaytay City.

The officers of the Metropolitan and City Judges Association of the Philippines (MeTCJAP) present a Plaque of Appreciation to Guest Speaker Hon.
Mark Llandro L. Mendoza, Representative, Fourth District of Batangas, during their 17th National Convention and Seminar held on September
2325, 2015, at the LIMA Park Hotel, Malvar, Batangas.
14 July - September 2015

Conduct prejudicial to the best interest of the service.


The corresponding penalty for conduct prejudicial to the best
interest of the service may be imposed upon an erring public
officer as long as the questioned act or conduct taints the image
and integrity of the office; and the act need not be related to
or connected with the public officers official functions. Under
Administrative Law our civil service laws, there is no concrete description of
what specific acts constitute conduct prejudicial to the best
interest of the service, but the following acts or omissions
have been treated as such: misappropriation of public funds;
Doctrine of primary jurisdiction.
abandonment of office; failure to report back to work without
[t]he doctrine of primary jurisdiction does not warrant prior notice; failure to safekeep public records and property;
a court to arrogate unto itself the authority to resolve a making false entries in public documents; falsification of court
controversy the jurisdiction over which is initially lodged orders; a judges act of brandishing a gun, and threatening the
with an administrative body of special competence. When complainants during a traffic altercation; a court interpreters
petitioners recourse lies in an appeal to the Commission participation in the execution of a document conveying
Proper in accordance with the procedure prescribed in MC complainants property which resulted in a quarrel in the
19, the CA may not be faulted for refusing to acknowledge latters family; selling fake Unified Vehicular Volume Program
petitioner before it. exemption cards to his officemates during office hours; a CA
employees forging of receipts to avoid her private contractual
Del Castillo, J., Macario Catipon, Jr. v. Jerome Japson, G.R. No. 191787, obligations; a Government Service Insurance System (GSIS)
June 22, 2015. employees act of repeatedly changing his IP address, which
caused network problems within his office and allowed him
to gain access to the entire GSIS network, thus putting the
Doctrine of exhaustion of administrative remedies. system in a vulnerable state of security; a public prosecutors
act of signing a motion to dismiss that was not prepared by
The doctrine of exhaustion of administrative remedies requires him, but by a judge; and a teachers act of directly selling a
that before a party is allowed to seek the intervention of book to her students in violation of the Code of Ethics for
the court, he or she should have availed himself or herself Professional Teachers. In petitioners case, his act of making
of all the means of administrative processes afforded him or false entries in his CSPE application undoubtedly constitutes
her. Hence, if resort to a remedy within the administrative conduct prejudicial to the best interest of the service; the
machinery can still be made by giving the administrative absence of a willful or deliberate intent to falsify or make
officer concerned every opportunity to decide on a matter dishonest entries in his application is immaterial, for conduct
that comes within his or her jurisdiction, then such remedy grossly prejudicial to the best interest of the service may or
should be exhausted first before the courts judicial power may not be characterized by corruption or a willful intent to
can be sought. The premature invocation of the intervention violate the law or to disregard established rules.
of the court is fatal to ones cause of action. The doctrine of
exhaustion of administrative remedies is based on practical Del Castillo, J., Macario Catipon, Jr. v. Jerome Japson, G.R. No. 191787,
and legal reasons. The availment of administrative remedy June 22, 2015.
entails lesser expenses and provides for a speedier disposition
of controversies. Furthermore, the courts of justice, for
reasons of comity and convenience, will shy away from a
dispute until the system of administrative redress has been
completed and complied with, so as to give the administrative Civil Law
agency concerned every opportunity to correct its error and
dispose of the case. Indeed, the administrative agency
concernedin this case the Commission Properis in the Family Code Psychological incapacity as a ground to
best position to correct any previous error committed in its nullify a marriage; requisites.
forum.
Psychological incapacity, as a ground to nullify a marriage
Del Castillo, J., Macario Catipon, Jr. v. Jerome Japson, G.R. No. 191787, under Article 36 of the Family Code, should refer to no less
June 22, 2015. than a mentalnot merely physicalincapacity that causes a
Volume XVII Issue No. 67 15

party to be truly incognitive of the basic marital covenants that obligations of marriage. Thus, mild characteriological
concomitantly must be assumed and discharged by the parties peculiarities, mood changes, occasional emotional
to the marriage which, as so expressed in Article 68 of the outbursts cannot be accepted as root causes. x x x.
Family Code, among others, include their mutual obligations xxxx
to live together; observe love, respect and fidelity; and render
help and support. There is hardly a doubt that the intendment (6) The essential marital obligations must be those
of the law has been to confine the meaning of psychological embraced by Articles 68 up to 71 of the Family Code
as regards the husband and wife as well as Articles
incapacity to the most serious cases of personality disorders
220, 221 and 225 of the same Code in regard to
clearly demonstrative of an utter insensitivity or inability to
parents and their children. Such non-complied marital
give meaning and significance to the marriage.
obligation(s) must also be stated in the petition,
Psychological incapacity as required by Article 36 must proven by evidence and included in the text of the
be characterized by (a) gravity, (b) juridical antecedence and decision.
(c) incurability. The incapacity must be grave or serious such (7) Interpretations given by the National Appellate
that the party would be incapable of carrying out the ordinary Matrimonial Tribunal of the Catholic Church in the
duties required in marriage. It must be rooted in the history Philippines, while not controlling or decisive, should
of the party antedating the marriage, although the overt be given great respect by our courts. x x x.
manifestations may only emerge after the marriage. It must xxxx
be incurable or, even if it were otherwise, the cure would be
beyond the means of the party involved. (8) The trial court must order the prosecuting attorney or
fiscal and the Solicitor General to appear as counsel
In Republic v. Court of Appeals and Eduardo C. De Quintos, for the state. x x x.
Jr., the Court reiterated the well-settled guidelines in resolving
petitions for declaration of nullity of marriage, embodied in Mendoza, J., Robert F. Mallilin v. Luz G. Jamesolamin and the Republic
Republic v. Court of Appeals and Molina, based on Article 36 of the Philippines, G.R. No. 192718, February 18, 2015.
of the Family Code. Thus:

(1) The burden of proof to show the nullity of the Innocent purchaser for value defined.
marriage belongs to the plaintiff. Any doubt should
be resolved in favor of the existence and continuation An innocent purchaser for value is one who buys the property
of the marriage and against its dissolution and nullity. of another, without notice that some other person has a right
x x x. or interest in the property, for which a full and fair price
is paid by the buyer at the time of the purchase or before
xxxx receipt of any notice of claims or interest of some other
(2) The root cause of the psychological incapacity person in the property. It is the party who claims to be an
must be (a) medically or clinically identified, innocent purchaser for value who has the burden of proving
(b) alleged in the complaint, (c) sufficiently such assertion, and it is not enough to invoke the ordinary
proven by experts and (d) clearly explained presumption of good faith. To successfully invoke and be
in the decision. Article 36 of the Family considered as a buyer in good faith, the presumption is that
Code requires that the incapacity must be first and foremost, the buyer in good faith must have shown
psychologicalnot physical, although its prudence and due diligence in the exercise of his/her rights.
manifestations and/or symptoms may be It presupposes that the buyer did everything that an ordinary
physical. x x x. person would do for the protection and defense of his/her
xxxx rights and interests against prejudicial or injurious concerns
(3) The incapacity must be proven to be existing at the when placed in such a situation. x x x. In fine, for a purchaser
time of the celebration of the marriage. x x x. of a property in the possession of another to be in good faith,
he must exercise due diligence, conduct an investigation, and
xxxx weigh the surrounding facts and circumstances like what any
(4) Such incapacity must also be shown to be medically or prudent man in a similar situation would do.
clinically permanent or incurable. x x x. xxxx
xxxx
A buyer cannot claim to be an innocent purchaser for value by
(5) Such illness must be grave enough to bring about merely relying on the TCT of the seller while ignoring all the
the disability of the party to assume the essential other surrounding circumstances relevant to the sale.
16 July - September 2015

Doctrinal Reminders
Civil Law (continued)

xxxx places upon the present spouse the burden of complying with
In the present case, petitioners sister Hilda Bautista, at the the stringent requirement of well-founded belief which can
time of the sale, was residing near Rogelio and Shirleys only be discharged upon a showing of proper and honest-to-
housethe subject propertyin Ladislao Diwa Village, goodness inquiries and efforts to ascertain not only the absent
Marikina City. Had petitioner been more prudent as a buyer, spouses whereabouts but, more importantly, whether the
she could have easily checked if Rogelio had the capacity absent spouse is still alive or is already dead.
to dispose of the subject property. Had petitioner been
Mendoza, J., Republic of the Philippines v. Edna Orcelino-Villanueva,
more vigilant, she could have inquired with such facility
G.R. No. 210929, July 29, 2015.
considering that her sister lived in the same Ladislao Diwa
Village where the property is locatedif there was any
person other than Rogelio who had any right or interest in
the subject property.
xxxx
Commercial Law
Further, issues surrounding the execution of the Deed of
Absolute Sale also pose question on the claim of petitioner
that she is a buyer in good faith. As correctly observed by
both courts a quo, the Deed of Absolute Sale was executed Requisites to hold a director or officer personally liable
and dated on December 29, 1992. However, the Community for corporate obligations.
Tax Certificates of the witnesses therein were dated January
2 and 20, 1993. While this irregularity is not a direct proof of To hold a director or officer personally liable for corporate
the intent of the parties to the sale to make it appear that obligations, two requisites must concur: (1) complainant must
the Deed of Absolute Sale was executed on December 29, allege in the complaint that the director or officer assented
1992or before Shirley filed the petition for legal separation to patently unlawful acts of the corporation, or that the
on January 29, 1993it is circumstantial and relevant to the officer was guilty of gross negligence or bad faith; and (2)
claim of herein petitioner as an innocent purchaser for value. complainant must clearly and convincingly prove such
unlawful acts, negligence or bad faith. To hold a director
Villarama, Jr., J., Josefina V. Nobleza v. Shirley B. Nuega, G.R. No. personally liable for debts of the corporation, and thus pierce
193038, March 11, 2015. the veil of corporate fiction, the bad faith or wrongdoing of
the director must be established clearly and convincingly.
It is settled that the transaction between Bancom and
Bancap is an ordinary sale. We give weight to the finding of
Family Code Declaration of presumptive death; both the trial court and the Court of Appeals that Bancaps
requisites. liability arose from its contractual obligation to Bancom. The
trial court and the Court of Appeals found that Bancom and
Article 41 of the Family Code provides that before a judicial
Bancap had been dealing with each other as seller and buyer
declaration of presumptive death may be granted, the present
of treasury bills from December 1991 until the transaction
spouse must prove that he/she has a well-founded belief that
subject of this case on April 25, 1994, which was no different
the absentee is dead. In this case, respondent failed. The RTC
from their previous transactions. Nite, as Bancaps President,
and the CA overlooked respondents patent non-compliance
cannot be held personally liable for Bancaps obligation unless
with the said requirement.
it can be shown that she acted fraudulently. However, the
The well-founded belief in the absentees death requires issue of fraud had been resolved with finality when the trial
the present spouse to prove that his/her belief was the result court acquitted Nite of estafa on the ground that the element
of diligent and reasonable efforts to locate the absent spouse of deceit is non-existent in the case. The acquittal had long
and that based on these efforts and inquiries, he/she believes become final and the finding is conclusive on this Court. The
that under the circumstances, the absent spouse is already prosecution failed to show that Nite acted in bad faith. It is no
dead. It necessitates exertion of active effort (not a mere longer open for review. Nites act of signing the Confirmation
passive one). Mere absence of the spouse (even beyond the of Sale, by itself, does not make the corporate liability her
period required by law), lack of any news that the absentee personal liability.
spouse is still alive, mere failure to communicate, or general
presumption of absence under the Civil Code would not Carpio, Acting C.J., Bank of Commerce v. Marilyn P. Nite, G.R. No.
suffice. The premise is that Article 41 of the Family Code 211535, July 22, 2015.
Volume XVII Issue No. 67 17
laws: Republic Act (RA) No. 76101 in cases of child abuse,
exploitation, and discrimination; RA No. 85082 in cases
of rape and other forms of sexual abuse or assault; RA
No. 92083 in cases of human trafficking; RA No. 92624 in
cases of violence against women and their children; and
RA No. 93445 in cases involving children at risk and those
in conflict with the law.
ADMINISTRATIVE CIRCULAR NO. 83-2015
This Protocol shall also apply to cases where the
confidentiality of the identities of the parties, records,
TO: ALL JUSTICES AND CLERKS OF COURT OF THE SUPREME and court proceedings is mandated by laws or rules not
COURT expressly mentioned herein and by similar laws or rules
ALL JUSTICES AND CLERKS OF COURT OF THE COURT OF to be enacted in the future.
APPEALS AND THE SANDIGANBAYAN II. Prospective and Limited Retroactive Application
ALL JUDGES AND CLERKS OF COURT OF THE REGIONAL TRIAL 3. The decisions, resolutions, and orders issued or
COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL promulgated or to be issued or promulgated by the
COURTS IN CITIES, AND MUNICIPAL TRIAL COURTS courts in cases covered by this Protocol shall be modified
in accordance with the provisions of this Administrative
CC: OFFICE OF THE COURT ADMINISTRATOR Circular.
OFFICE OF THE COURT REPORTER
PUBLIC INFORMATION OFFICE The modification of previously issued and promulgated
SUPREME COURT LIBRARY decisions, resolutions, and orders shall extend only to
OTHER COURT LIBRARIES those published on the Official Website of the Supreme
Court (SC Website) beginning 1996, the earliest year
SUBJECT: PROTOCOLS AND PROCEDURES IN THE when decisions of the Court were uploaded and made
PROMULGATION, PUBLICATION, AND POSTING ON THE publicly accessible.
WEBSITES OF DECISIONS, FINAL RESOLUTIONS, AND FINAL III. Modification Requirements for Covered Cases
ORDERS USING FICTITIOUS NAMES
4. The cases covered by this Protocol shall be modified in
In Administrative Matter No. 12-7-1S-SC (Re: Recommendation the following manner:
of Atty. Maria Victoria Gleoresty Sp. Guerra, Director IV and
a. By replacing with fictitious initials the complete
Acting Chief, Public Information Office, to Remove or Modify
names of the women and children victims in the
the Decisions Posted on the SC Website Involving Cases of
decisions, resolutions, and orders of the court in
Violence Against Women and Their Children), the Court
cases covered by this Protocol. For example, AAA
issued Guidelines for the purpose of protecting the privacy
should be written in place of the name of the woman
and dignity of victims, including their relatives, in cases where
victim in the crime of rape.
the confidentiality of court proceedings and the identities of
parties is mandated by law. The courts may, in the exercise of their discretion,
use different combinations of letters as long as the
For the guidance of all courts, their respective clerks
fictitious initials used shall not identify, directly or
of court, and other court personnel, we issue the present
indirectly, the individual whose real name is replaced
Administrative Circular reiterating and supplementing our
by the fictitious initials.
Guidelines in A.M. No. 12-7-15-SC by further detailing the
procedures in the promulgation, publication, and posting of b. The personal circumstances or other information
decisions, resolutions, and final and interlocutory orders in which tend to establish or compromise, directly or
the cases covered by this Protocol. indirectly, the identities of the women and children
victims, such as, but not limited to, their date of
I. Covered Cases
1. This Protocol shall govern the procedure in the 1
Known as the Special Protection of Children Against Abuse,
promulgation, publication and posting of decisions, Exploitation and Discrimination Act.
resolutions, and final and interlocutory orders of 2
Known as the Rape Victim Assistance and Protection Act of
the courts in cases where the confidentiality of the 1998.
identities of the parties, records, and court proceedings 3
Known as the Anti-Trafficking in Persons Act of 2003.
is mandated by law and/or by the rules. 4
Known as the Anti-Violence Against Women and Their
2. Confidentiality of the identities of the parties, records, Children Act of 2004.

and court proceedings is mandated by the following 5


Known as the Juvenile Justice and Welfare Act of 2006.
18 July - September 2015

Circulars
ADMINISTRATIVE CIRCULAR No. 83-2015 (continued)
The use of fictitious initials, however, may be waived
by the victims in accordance with paragraph 9 of this
birth, complete address, complete names of parents, Protocol.
relatives, or other household members, shall be 6. The order or resolution issued by the court under
blotted out from the decision, resolution, and order paragraph 5 of this Protocol shall be effective in all
of the courts in covered cases. subsequent proceedings in the case, even on appeal to
The complete names and personal circumstances of the higher courts.
the victims family members or relatives, who may be The courts order or resolution shall also apply to petitions
mentioned in the courts decision or resolution, shall for certiorari under Rule 65 of the Rules of Court, filed
likewise be similarly treated. by either the accused-appellant or the minor or children
c. At the victims instance or if the victim is a minor victims, assailing the proceedings, orders, or judgment by
that of his or her guardian, the complete name of a lower court in covered cases.
the accused may be replaced by fictitious initials and 7. In cases where the victims or their guardians have
his or her personal circumstances blotted out from manifested their desire to replace the complete name of
the decision, resolution, or order if the name and the accused with fictitious initials, the caption or title of
personal circumstances of the accused may tend to the case should be written as follows:
establish or compromise the victims identities. The
victims or their guardians should manifest to the trial a. The fictitious initials in the caption or title of the case
court at the earliest opportunity, i.e., after the filing of shall be followed by the case number, or government
the complaint, information, or original petition, their record (G.R.) number, assigned to the case written
desire to have the name of the accused be replaced in parenthesis. For example, in the lower courts,
with fictitious initials and his personal circumstances People of the Philippines v. AAA (Case No.).
be blotted out from the decision, resolution, and b. If the case is appealed to the higher courts, the
order of the court. fictitious initials shall be followed by the case number
If the accused is a minor, the complete name of the assigned by the appellate court with proper notation
accused shall be replaced with fictitious initials and of the original case number of the case before the
his or her personal circumstances, except for the fact trial court written in parenthesis. For example,
of minority, shall be blotted out from the decision, BBB v. People (current appellate court case number
resolution or order. [formerly lower court case number]).
d. As to geographical location, the decisions, c. If the case filed is a separate and independent
resolutions, and orders in covered cases should refer petition for certiorari under Rule 65, the fictitious
only to the province where the incident occurred initials shall be followed by the case number assigned
or where the crime was committed. References to by the higher court. Examples are: BBB v. Public/
the specific barangay or town should be blotted out Private Respondents (Case No. ), and People of the
from the body of the decision, resolution, or order if Philippines and BBB v. Public/Private Respondents
its identification could lead to the disclosure of the (Case No._______).
identities of the women or children victims. 8. The rules under this Protocol shall also be observed in
5. The court shall determine the use of fictitious initials modifying the decisions, resolutions, and orders to be
in place of the victims complete names at the earliest uploaded and already uploaded on the SC Website or the
opportunity, i.e., after the filing of the complaint, SC E-Library.
information, or original petition, and shall then issue an IV. Waiver by the Victims
order or resolution to this effect.
9. The women and children victims in covered cases may,
The fictitious initials determined by the court to replace at any time, consent to the disclosure of their real names
the real names of the victims in covered cases should be and personal circumstances in the decisions, resolutions,
used consistently in the body and dispositive portion of and orders of the court. In such case, the victims giving
the decision, resolution, or order and in all subsequent the consent must personally, or with the assistance of
court issuances. counsel, execute a written waiver in the presence of the
The court may, however, use the real names of the court or before a notary public.
victims in its issuance of interlocutory orders, where the In cases where the victim giving the consent is a minor,
identification of the victims is necessary to avoid mistake the waiver must be executed by the minors parent or
or confusion in the enforcement of these orders. guardian. In the absence of a parent or guardian, the
Volume XVII Issue No. 67 19

VI. Publication and Posting


court shall designate a person who shall execute the
waiver on the minors behalf. The person so designated 13. Only the decisions, final resolutions, and final orders in
by the court must fully explain the consequences of the covered cases promulgated by the Supreme Court and
waiver to the minor. The waiver may be executed in the modified under this Protocol shall be published in the
presence of the handling court or before a notary public, Philippine Reports and in the Supreme Court Reports
and must be approved by the handling court. Annotated.

10. For good and meritorious cause shown to the handling 14. Only the decisions, final resolutions, and final orders in
court, the waiver under paragraph 9 of this Protocol may covered cases promulgated by the Supreme Court and
be revoked by the victims who gave their consent to the modified under this Protocol shall be posted on the SC
disclosure of their real names and personal circumstances Website and the Courts E-Library.
in the decisions, resolutions, and orders of the court. The modified version of the decisions, final resolutions
The revocation of the waiver must be in writing and and final orders promulgated by the Court of Appeals,
executed in the presence of the handling court or before Sandiganbayan and the lower courts may also be posted
a notary public. In the latter case, the revocation shall be in the SC Website, if so directed by the Supreme Court.
effective upon the approval by the handling court. VII. Prohibition Against Release to the
In cases where the waiver was executed on behalf of a Public and the Media
minor, the revocation of such waiver may be executed 15. Hard and soft copies of the original or unmodified version
by either the minors parent, guardian or person duly (first copy) of promulgated decisions, resolutions, and
designated by the court. orders in covered cases shall not be released to the public
and to the media, except when the victims have executed
The handling court to which the revocation is submitted a written waiver in accordance with paragraph 2 of this
shall give its approval if, in the exercise of its discretion, Protocol.
the revocation will serve the greater good of the women
or children victims. The handling court shall set the terms Neither shall the records containing the real names and
for the modification of decisions, resolutions, or orders personal circumstances of the parties, mentioned under
between the time a waiver is made and its revocation. paragraph 5 above, be released to the public and to the
media, except with the authority of the handling court.
11. The women or children victims waiving the confidentiality
of their identities or revoking such waiver must present VIII. Responsibility for the Modification of
the waiver or revocation of the waiver, duly executed Promulgated Decisions, Final Resolutions, and Orders
under the provisions of paragraphs 9 and 10 of this 16. The clerks of court of the Regional Trial Courts and the First
Protocol, to the handling judge or the court office or Level Courts shall be responsible for the modification of
officer responsible for the modification of the decisions, the decisions, resolutions, and orders in their respective
resolutions, and orders in cases covered by this Protocol. courts, as instructed in the order or resolution issued by
V. Promulgation the court referred to in paragraph 5 of this Protocol.

12. In the promulgation of decisions, final resolutions, and 17. The handling clerks of court of the Court of Appeals
final orders in covered cases, the court shall prepare two and the Sandiganbayan shall be responsible for the
copies of its decision, resolution, and final order. The first modification of the decisions, resolutions, and orders
copy shall be the unmodified version of the decision, of their respective courts in covered cases. They shall
resolution, and final order, where the real names of the furnish their respective libraries, the SC Library, the
parties are used and the parties personal circumstances PHILJA libraries, and the Courts Public Information Office
are disclosed. The second copy shall be the version of the with a monthly list of modified decisions, resolutions, and
decision, resolution, and order as modified in accordance orders.
with this Protocol. Both copies shall be attached and 18. The Office of the Court Administrator, through its Legal/
made part of the records. Court Management Office, shall be responsible for the
The unmodified version (or first copy) of the promulgated modification of the decisions, resolutions, and orders of
decision, final resolution, and final order of the court is the lower courts to be uploaded on the SC Website, as
confidential and shall be sealed in an envelope before directed by the Supreme Court.
it is attached to the records. The sealed envelope shall 19. The Public Information Office shall be responsible for the
only be opened upon the authority of the handling judge/ modification of the decisions, resolutions, and orders of
justice and must be re-sealed thereafter. The second copy the Supreme Court already uploaded and to be uploaded
shall form part of the open records of the case. on the SC Website.
20 July - September 2015

Circulars
ADMINISTRATIVE CIRCULAR No. 83-2015 (continued)
OCA CIRCULAR NO. 103-2015
The PIO shall also be responsible for the modification
of the decisions, resolutions, and orders of the Court of TO: ALL PRESIDING JUDGES AND CLERKS OF COURT OF
Appeals and the Sandiganbayan that are directed by the THE REGIONAL TRIAL COURTS
Supreme Court to be uploaded on the SC Website.
SUBJECT: IMPLEMENTATION OF SECTION 36 OF REPUBLIC
The PIO shall furnish the SC Clerk of Court, the Office of ACT NO. 9285 AND SUBMISSION OF INVENTORY REPORTS
the Reporter, the SC Library, and the PHILJA libraries with IN RELATION THERETO
a monthly list of its modified decisions, resolutions, and
orders. The Construction Industry Arbitration Commission (CIAC)
through its Chairman, Mr. Manuel M. Cosico, and Members,
20. The SC Library shall be responsible for the modification Messrs. Antonio A. Abola and Emilio Lolito J. Tumbocon,
of decisions, resolutions, and orders uploaded on the has invited the attention of this Office on the problems that
E-Library and other websites of the Supreme Court which they have encountered in the implementation of Section 39,
are accessed by a username and password provided Republic Act No. 9285, and in the submission of inventory
by the SC Library. reports in relation thereto, which were the subject of OCA
Circular No. 34-2012, dated April 27, 2012, and reiterated
IX. Liability in OCA Circular No. 111-2014, dated August 22, 2014. Said
problems are briefly stated as follows:
21. The court officials responsible for the modification of 1. Notwithstanding the issuance of the abovementioned
the decisions, resolutions, and orders by the courts in OCA Circulars, there are only few cases that have
covered cases or tasked to handle the covered cases been filed with the CIAC over a 3-year period, which
under the terms of this Protocol, as well as the court indicates the under-reporting of the required referrals.
employees designated to carry out tasks related to the A possible cause is the acceptance by the trial courts
implementation of this Protocol, must strictly observe for docketing of construction disputes that are
the provisions of this Protocol. The judges, justices, clerks disguised as merely for collection of a sum of money
of court and heads of court offices concerned shall adopt which, if examined carefully, would have revealed that
appropriate measures within their courts or offices to the cause of action is unpaid construction work;
fully implement the terms and purpose of this Protocol. 2. There is the reluctance of some judges to dismiss
the construction disputes without any motion being
22. The unauthorized release to the public or to the media filed. Such hesitation is misplaced, considering that
of hard or soft copies of the unmodified version (first the aforesaid OCA Circulars have precisely given the
copy) of the decision, resolution, or order of the courts judges the authority to dismiss said disputes; and
in covered cases shall be considered a grave offense and
3. There is likewise the plaintiffs perceived difficulty of
shall be punishable with the penalties provided under
access to the Makati-based CIAC in contrast with the
the Civil Service Rules on Administrative Cases for grave
easier access to the nearby courts, which problem has
offenses, without prejudice to the criminal liabilities that been effectively addressed, whereby construction
the violators may incur under applicable laws. disputes can now be filed by virtue of an arrangement
23. Third parties who do not have any direct responsibility between the Construction Industry Authority of the
Philippines (CIAP) and the Department of Trade and
for the implementation of this Protocol and who violate
Industry (DTI) at the CIAP Windows in the DTI Regional
the confidentiality covered by this Protocol, may be held
Offices as follows: a) Region 1 [San Fernando City,
liable under the appropriate laws or rules.
La Union]; b) Region 3 [Angeles City, Pampanga]; c)
Region 5 [Legazpi City, Albay]; d) Region 7 [ Cebu City,
X. Effectivity Cebu]; Region 10 [Cagayan de Oro City]; Region 11
[Davao City]; and CAR [Baguio City].
24. This Protocol shall take effect immediately.
In view of the foregoing and in order to more effectively
Issued this 27th day of July 2015. enforce the exclusive and original jurisdiction of the CIAC over
construction disputes in the Philippines as provided in Section
39 of RA No. 9285, as well as to reduce the increased judicial
(Sgd.) ANTONIO T. CARPIO workload occasioned by such disputes, all concerned judges
Acting Chief Justice are hereby DIRECTED to:
Volume XVII Issue No. 67 21

(1) REVIEW judiciously all pending civil cases for collection to the Court Management Office, Office of the Court
of sum of money to determine whether they arise from Administrator, using the attached Form No. 1.
a construction dispute. In the affirmative, they shall Accordingly, this Circular amends the OCA Circular Nos.
DISMISS such cases and REFER the same to the CIAC or 34-2012 and 111-2014 dated April 27, 2012 and August 22,
the appropriate ClAP Windows in DTI Regional Offices 2014, respectively.
for proper arbitration, with advice to the plaintiff as to
where to file his/her case, UNLESS both parties, assisted Strict compliance is hereby enjoined. Failure to comply
by their respective counsels, shall submit to the Regional with directives shall result in administrative sanctions.
Trial Court a written agreement that the dispute shall be June 1, 2015.
exclusively resolved by the trial court, rather than the
CIAC; and
(Sgd.) JOSE MIDAS P. MARQUEZ
(2) SUBMIT, within 15 days from notice, an inventory of such Court Administrator
construction disputes filed in their respective courts,

OCA CIRCULAR NO. 103-2015


FORM NO. 1

Inventory of Construction Disputes

Latest Status
No. Case No. Case Title Date Filed
(If not yet Referred to CIAC)

Prepared by: Verified by:


Clerk-in-Charge Clerk of Court/OIC

Noted:
Presiding Judge

Pursuant to the Resolution dated March 18, 2014 of the Court


OCA CIRCULAR NO. 113-2015 En Banc in A.M. No. 14-03-02-SC (Re: Program for Piloting
and Assessing the Proposed Revised Rules of Civil Procedure),
and to test the usefulness of Rules 22 and 24 of the proposed
Revised Rules of Civil Procedure, the selected Pilot Courts
TO: THE CONCERNED JUDGES FOR THE PILOTING OF involved and those charged with its implementation are
RULES 22 (CASE MANAGEMENT CONFERENCE) AND 24 advised and instructed as follows:
(TRIAL ON THE ISSUES) OF THE PROPOSED RULES OF
Common Instructions
CIVIL PROCEDURE
1. Coverage In the interest of orderly implementation
SUBJECT: ADVICE AND INSTRUCTIONS CONCERNING THE of the proposed Rules 22 and 24, Pilot Court judges are
PILOTING OF RULES 22 AND 24 OF THE PROPOSED RULES advised to apply such rules to all civil cases that are re-
OF CIVIL PROCEDURE raffled to them for trial beginning July 1, 2015 following
22 July - September 2015

Circulars
OCA CIRCULAR NO. 113-2015 (continued) 8. Filing and service of the draft TOR. The Pilot Courts may,
a failed Judicial Dispute Resolution (JDR) in those cases. if they deem it suitable under the circumstances, require
However, upon written mutual agreement of the parties, the parties to file their draft TORs and serve copies of
such Rules may also be applied to cases that have been the same upon the adverse party also by email or SMS,
re-raffled to the Pilot Courts before July 1, 2015 following wherever such means of communication are available.
a failed JDR. If this is not possible, the parties may personally file the
same and furnish copies thereof by personal service upon
2. Cases of special courts Pilot Courts that serve as special
the adverse party within 15 days from notice.
courts, like family courts and commercial courts, are
advised to apply the proposed Rules 22 and 24 to cases 9. Final TOR controls scope of the trial. The TOR prepared
that are assigned to them for trial. The face-to-face trial by the Pilot Court during the preliminary conference,
shall not apply to special civil actions, special proceedings, after consultation with the parties and their counsels,
cases that involve a child or a disadvantaged witness, and shall be final and shall control the scope of the trial.
where the court perceives the danger of uncontrollable 10. Evidence to be presented deemed admitted. The direct
passion arising from deep animosity between the parties. testimony of a witness shall be deemed offered and
3. Voluntary application of pilot rules to cases where JDR admitted upon submission of the judicial affidavit, subject
failed prior to July 1, 2015 In cases that are re-raffled to to motion for exclusion of inadmissible testimony at the
Pilot Courts where the failure of the JDR occurred prior to appropriate time and to the examination of such witness.
the effectivity of the pilot period, the provisions of Rules Thus, an offer of evidence is no longer required after the
22 and 24 may be applied by the Court only upon written trial has been terminated.
unanimous agreement of the parties.
11. Objection to presentation of witnesses or judicial affidavits
4. Inhibition of Pilot Court judge In the event of the Any objection to the presentation of a witness or to any
inhibition of a Pilot Court judge in a case governed by the of the questions propounded in the judicial affidavits or
proposed Rules 22 and 24, such case shall be re-raffled to the judicial affidavits themselves shall be raised not later
another Pilot Court, should a qualified one be available in than the preliminary conference and before the TOR is
the same station. Otherwise, the non-Pilot Court to which finalized.
it is re-raffled shall try the case under the applicable rules
of procedure. Instructions for Rule 24
5. Application of the Judicial Affidavit Rule. The Judicial i. Face-to-Face Trial
Affidavit Rule shall apply to cases covered by the 12. Face-to-face trial to be given priority The Pilot Court
proposed Rules 22 and 24. The period for its submission must encourage the parties to agree on the mode of
shall, however, be reckoned from the date set in Section trial of issues that will govern their case. If they cannot
22.2 (a) of the proposed Rule 22 since the latter is the agree, it is preferable for the Pilot Court judge to give
controlling rule. In the event the parties have already priority to face-to-face trial, a shorter proceeding, unless
submitted their judicial affidavits incidental to the failed insufferable circumstances dictate otherwise.
JDR, it would be reasonable for the Pilot Court to allow
them to adopt the same for the purpose of such Rule. The 13. Exclusion of witness not encouraged in face-to-face trial
parties may submit reply affidavits pursuant to Section The exclusion of a witness in a face-to-face trial is
22.2(b) of Rule 22. discouraged since direct confrontation is the essence of
such mode of trial. Should there be compelling reasons
Instructions for Rule 22 for excluding a witness, it is preferable that the court
6. Notice to submit draft Terms of Reference (TOR). It is convert the mode of trial to alternate trial of issues.
preferable that Pilot Courts serve notice on the parties 14. Examination by the judge To avoid the appearance of
to submit their draft TOR by electronic mail (email) or partiality when the judge examines a witness from one
short messaging system (SMS), wherever such means side and elicits testimony in his/her favor, the judge
of communication are available, at the mobile phone should ask the witness from the other side to respond
numbers that counsels of the parties have been required to that testimony or ask him/her a question that will also
to submit, to ensure simultaneous receipt. elicit testimony in favor of his/her side.
7. Submission of TOR. Within 15 days from notice, the ii. Alternate Trial
parties shall personally file the required TOR with the 15. Examination of witnesses per issue During an alternate
Pilot Courts and simultaneously serve a copy thereof to trial, the Pilot Court and the counsels for the parties are
the opposing parties. required by the proposed Rules to examine each witness
Volume XVII Issue No. 67 23

solely with respect to the issue or related issues stated in


the order of trial. However, if a party has only one witness OCA CIRCULAR NO. 144-2015
for all or several of the issues that are to be tried, then
the witness should be examined on all the issues, but one
issue after the other, in the order stated in the final TOR. TO: ALL JUDGES OF THE FIRST AND SECOND LEVEL
COURTS
16. Exclusion of witness allowed in alternate trial In
alternate trial, the exclusion of witnesses is allowed upon SUBJECT: NON-ATTENDANCE IN THE PHILIPPINE JUDICIAL
the discretion of the judge. ACADEMY SEMINARS

Similar Instructions for Trial of Issues The attention of this Office has been called that despite the
directive of the Philippine Judicial Academy (PHILJA) requiring
17. Trial of issues to be terminated in one hearing Trial of trial court judges to attend its scheduled seminars, some of
issues, as far as practicable, should be terminated in one them still fail to comply and inform PHILJA of the reason/s for
hearing date. As such, the Pilot Court shall maintain a their non-attendance.
separate calendar for cases covered by these rules.
In view of the foregoing, all concerned are DIRECTED to
18. Non-adversarial environment for trial of issues It is faithfully and conscientiously OBSERVE the PHILJA directive
preferable for a Pilot Court to provide a non-adversarial requiring attendance in all its seminars and to judiciously
environment during the trial of issues, whether it adopts INFORM the PHILJA of the reason/s in case of inability to
a face-to-face trial or an alternate trial. This can be attend. This is to enable the PHILJA to properly monitor the
best achieved, if permitted by office space, through a compliance of all attendees with its seminars conducted
conference type of hearing where the judge sits at the for the educational advancement of the trial court judges
head of the table and the parties are seated on either nationwide.
side of the table.
Strict compliance is enjoined.
19. Apparent biased questions not a ground for inhibition
of the Pilot Court judge A Pilot Court judge shall not July 9, 2015.
inhibit from hearing and deciding a case covered by
these proposed rules on the ground of apparent biased (Sgd.) JOSE MIDAS P. MARQUEZ
questions, provided that such questions are relevant to Court Administrator
the issues being tried.
20. No delegation of trial of issues to the clerk of court In
the event that a party is declared in default due to his or OCA CIRCULAR NO. 146-2015
her failure to appear during the preliminary conference,
the Pilot Court judge shall not delegate the trial of issues TO: ALL JUDGES AND PERSONNEL OF THE FIRST AND
involving the remaining party to the clerk of court. It is to SECOND LEVEL COURTS (REGIONAL TRIAL COURTS,
the judge that the proposed rules entrust the examination SHARIA DISTRICT COURTS, METROPOLITAN TRIAL
of witnesses. COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT
21. Change in the mode of trial allowed The parties, upon TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES,
written unanimous agreement and on or prior to the SHARIA CIRCUIT COURTS AND MAINTENANCE STAFF OF
scheduled trial of issues, may opt to change the mode of THE HALLS OF JUSTICE)
trial from a face-to-face trial to an alternate trial or from
SUBJECT: MEMBERSHIP APPLICATION FORM ON THE
an alternate trial to a face-to-face trial, provided that the
SUPREME COURT HEALTH AND WELFARE PLAN FOR THE
conduct of the new mode of trial is not unduly affected.
YEAR 2016
This promotes party autonomy. Should the Pilot Court
judge perceive the danger of uncontrollable passion In connection with the healthcare plan for the year 2016,
arising from deep animosity, the mode of trial may be the herein attached Membership Application Form is hereby
converted from a face-to-face trial to an alternate trial. required to be duly accomplished by all the judges and
For your strict compliance. personnel of the Lower Courts and all the maintenance staff
of the Halls of Justice.
June 16, 2015.
The Membership Application Form will determine the
preferred healthcare plan for the year 2016. Thus, the said
(Sgd.) JOSE MIDAS P. MARQUEZ form should be accomplished within 10 days from notice, or
Court Administrator not later than August 15, 2015.
24 July - September 2015

Circulars
OCA CIRCULAR NO. 146-2015 (continued)

The Supreme Court Health and Welfare Plan Committee In accordance with the Resolution dated April 21, 2015 of the
will tally the individual preferences of the concerned judges, Court in A.M. No: 04-7-02-SC (Re: Guidelines on Corporate
personnel and maintenance staff to determine whether an Surety Bonds), all concerned justices, judges, court officials
In-House Healthcare Plan, the reimbursement plan that was and personnel are hereby informed of the following
operated from 1998 to 2014, or an Outsourced Healthcare amendments/clarifications to the said guidelines:
Plan, such as the plan contracted to a Health Maintenance
(a) That the obligation on the part of the accused/defendant
Organization via public bidding which was won by Medocare
to pay the annual premium necessary for the renewal
Health Systems, Inc. for the year 2015, will be implemented for
of the surety bond previously approved by the court
the year 2016.
REMAINS;
If both healthcare plans are amenable to any judge,
personnel or staff, then the latter may choose both and (b) The phrase Unless and until the Supreme Court directs
the majority will determine which healthcare plan will be otherwise appearing in the first paragraph of Section VII
implemented for the year 2016. If a judge, personnel or staff of A.M. No. 04-7-02-SC is AMENDED to read as Unless
prefers only the In-House Healthcare Plan but the majority and until the court concerned directs otherwise; and
prefers the Outsourced Healthcare Plan, the said judge, (c) The second paragraph of Section VII of A.M. No. 04-7
personnel or staff will not be covered for the year 2016, and -02-SC is AMENDED to include the following statement:
vice-versa. Non-submission of the form shall be considered If the surety company seeks to be discharged from its
waiver of the benefits of either plan and exemption from obligation because of the failure/refusal of the accused/
payment of the employee share for any of the healthcare plan. defendant to pay the premiums, it shall make the same
For the distribution of the form, the Clerk of Court - OCC, notice within 10 days from the occurrence of such fact
Branch Clerk of Court or Officer in Charge of each office or and the court shall decide accordingly.
court station shall be responsible for the distribution of the This Circular supersedes prior circulars/memoranda
form to the concerned judges, personnel and staff by having inconsistent herewith and shall remain in force until further
the attached form photocopied for as many judges, personnel orders from the Court.
and staff that the particular office or court station may have.
Strict compliance is hereby enjoined.
Thereafter, the concerned Clerk of Court - OCC, Branch
Clerk of Court or Officer in Charge should collate, scan and July 23, 2015.
email the duly accomplished forms to the schwp.secretariat@ (Sgd.) JOSE MIDAS P. MARQUEZ
gmail.com starting on August 17, 2015 and no later than Court Administrator
August 20, 2015. In the event that there is no option on the
part of the concerned Clerk of Court - OCC, Branch Clerk of
Court or Officer-in-Charge to email them, the forms should be
mailed within the above period to the Supreme Court Health
and Welfare PlanSecretariat, Supreme Court Compound,
OCA CIRCULAR NO. 168-2015
Padre Faura St., Ermita, Manila. In either event, said official
should contact +632 525 5796 to inform the Secretariat that
the subject forms have been either emailed or sent thru mail. TO: ALL THE JUSTICES OF THE COURT OF APPEALS, THE
SANDIGANBAYAN, AND THE COURT OF TAX APPEALS,
For strict compliance. AND ALL JUDGES OF THE REGIONAL TRIAL COURTS, THE
July 13, 2015. SHARIA DISTRICT COURTS, THE METROPOLITAN TRIAL
(Sgd.) JOSE MIDAS P. MARQUEZ COURTS, THE MUNICIPAL TRIAL COURTS IN CITIES, THE
Court Administrator MUNICIPAL TRIAL COURTS, THE MUNICIPAL CIRCUIT
TRIAL COURTS, AND THE SHARIA CIRCUIT COURTS
SUBJECT: EFFECTS OF SUSPENSION METED ON JUSTICES
OR JUDGES
OCA CIRCULAR NO. 155-2015
In accordance with the January 27, 2015 Resolution of the
Court En Banc in A.M. No. RTJ-12-2316 [Formerly A.M. No.
TO: JUSTICES, JUDGES, COURT OFFICIALS AND PERSONNEL
09-7-280-RTC] (Office of the Court Administrator v. Hon.
OF THE THIRD, SECOND AND FIRST LEVEL COURTS
Liberty O. Castaeda, et al.), all justices and judges are hereby
SUBJECT: AMENDMENTS TO A.M. NO. 04-7-02-SC (RE: REMINDED of the following effects of any meted suspension,
GUIDELINES ON CORPORATE SURETY BONDS) whether preventive or indefinite:
Volume XVII Issue No. 67 25

OCA CIRCULAR NO. 173-2015

1. Upon receipt of the Courts resolution of suspension, TO: THE CONCERNED TRIAL COURT JUDGES
justices/judges suspended from office are prohibited
SUBJECT: SUBMISSION OF MONTHLY INVENTORY OF
from performing any of their official functions during the
CASES FOR THE PILOT TESTING OF RULES 22 AND 24 OF
period of suspension until further orders from the Court;
THE DRAFT REVISED RULES OF CIVIL PROCEDURE
2. To prevent a hiatus in the performance of judicial and In connection with the pilot testing of Rules 22 and 24 of
administrative functions in the lower courts, an acting the proposed Revised Rules of Civil Procedure pursuant to
presiding judge, or an assisting judge where appropriate, the March 8, 2014 Resolution of the Supreme Court in A.M.
shall be immediately designated in his/her stead; No. 14-03-02-SC (Re: Program for Piloting and Assessing the
Proposed Revised Rules of Civil Procedure), all concerned
3. Respondent justices/judges shall not receive their regular
judges are hereby directed to submit a Monthly Inventory of
basic salary and other remunerative allowances and
Cases for Pilot Testing of the said Rules.
fringe benefits in accordance with existing guidelines and
those to be issued by the Court for the purpose; The monthly inventory of cases shall be filed within
the first five days of the succeeding month and shall be
4. During the period of suspension, respondent justices/ sent through registered mail to the Office of the Court
judges shall not be eligible to receive other benefits from Administrator and through email to srdcmo@sc.judiciary.gov.
the Court such as training, nomination for promotion, ph. In both instances, the concerned judges should request
or any other similar non-remunerative benefits in for a confirmation receipt of their registered mail and/or
accordance with existing guidelines and those to be email.
issued by the Court for the purpose; and
The above-required monthly inventory of cases is in
5. Respondent justices/judges may face such other addition to the regular monthly reports being submitted by
consequence, as may be determined by the Court or the the courts. The form for said report is hereto attached for use
Office of the Court Administrator. by the concerned pilot courts.

For your information and guidance. For strict compliance.

August 3, 2015. August 6, 2015.

(Sgd.) JOSE MIDAS P. MARQUEZ (Sgd.) JOSE MIDAS P. MARQUEZ


Court Administrator Court Administrator

OCA Circular No. 173-2015


Form 1

Monthly Inventory of Cases for Pilot Testing


of Rules 22 & 24 Draft Rules of Civil Procedure

Branch ,

for the Month of

DATE OF DATE DATE OF


CASE NATURE AMOUNT DATE DATE/S
CASE TITLE REFFERAL TO (CASE MGT) FINAL REMARKS
NUMBER OF CLAIM INVOLVED FILED HEARING
PILOT COURT CONFERENCE DECISION
26 July - September 2015

THAT WOULD BE ISSUED RELATIVE TO THE TRIAL OF


OCA CIRCULAR NO. 174-2015
THE CASE. IN CASE THE INITIAL DEPOSIT OF ONE
THOUSAND PESOS (P1,000) IS NOT SUFFICIENT, THEN
THE PLAINTIFF OR PETITIONER SHALL BE REQUIRED TO
TO: ALL BRANCH CLERKS OF COURT OF THE REGIONAL MAKE AN ADDITIONAL DEPOSIT. THE SHERIFF, PROCESS
TRIAL COURTS SERVER OR OTHER COURT AUTHORIZED PERSON
SUBJECT: LIFTING OF COMPLIANCE WITH OCA CIRCULAR SHALL SUBMIT TO THE COURT FOR ITS APPROVAL A
NO. 74-2013 (RE: SUBMISSION OF COPIES OF DISMISSED STATEMENT OF THE ESTIMATED TRAVEL EXPENSES FOR
DRUG CASES) SERVICE OF SUMMONS AND COURT PROCESSES. ONCE
APPROVED, THE CLERK OF COURT SHALL RELEASE THE
In OCA Circular No. 74-2013 dated June 27, 2013 all trial MONEY TO SAID SHERIFF OR PROCESS SERVER. AFTER
courts were ordered to furnish the Office of the Court SERVICE, A STATEMENT OF LIQUIDATION SHALL BE
Administrator with copies of all decisions dismissing drug SUBMITTED TO THE COURT FOR APPROVAL. AFTER
cases, including provisional dismissals, beginning January RENDITION OF JUDGMENT BY THE COURT, ANY EXCESS
2013, for a comprehensive study. Considering that the said FROM THE DEPOSIT SHALL BE RETURNED TO THE PARTY
study has already been terminated, the directive in the OCA WHO MADE THE DEPOSIT. (Emphasis ours)
Circular No. 74-2013 is now lifted. Please be reminded that the One Thousand Pesos (P1,000)
For immediate and strict compliance. referred to in the abovementioned provision is intended
August 6, 2015. for actual travel expenses in the service of court processes
relative to the trial of the case. Simply put, an extrajudicial
(Sgd.) JOSE MIDAS P. MARQUEZ foreclosure proceeding is not one of the cases contemplated
Court Administrator in said rule since it is not considered as part of a court trial.
Moreover, Section 3 of Act No. 3135 does not require
posting of notices in the barangay where the property is
OCA CIRCULAR NO. 189-2015 located. Thus:
Sec. 3. Notice shall be given by posting notices of the
sale for not less than 20 days in at least three public
TO: EXECUTIVE/PRESIDING JUDGES, CLERKS OF COURT/ places of the municipality or city where the property
OFFICERS IN CHARGE/ACCOUNTABLE OFFICERS AND is situated, and if such property is worth more than
SHERIFFS OF THE SECOND LEVEL COURTS four hundred pesos, such notice shall also be published
once a week for at least three consecutive weeks in a
SUBJECT: UNAUTHORIZED COLLECTION OF ONE newspaper of general circulation in the municipality or
THOUSAND PESOS (P1,000) DEPOSIT IN EXTRAJUDICIAL city. (Emphasis ours.)
FORECLOSURE CASES
In fact, in Fortune Motors (Phils.) Inc. v. Metropolitan
As a result of the financial audits conducted by the Fiscal Bank and Trust Company, et al., G.R. No. 115068, November
Monitoring Division, Court Management Office, Office of the 28, 1996, the Honorable Court ruled:
Court Administrator, a number of second level courts were x x x Act 3135 does not require posting of the notice
found to have collected One Thousand Pesos (P1,000) for of sale on the mortgaged property. Section 3 of the
every extrajudicial foreclosure case filed in their respective said law merely requires that the notice of the sale be
courts to defray the expenses related to the posting of posted for not less than 20 days in at least three public
court notices where the subject property is located or in the places of the municipality or city where the property
barangay where the property is situated. is situated. The aforementioned places, to wit: the
In this regard, Paragraph 2 of Section 10, Rule 141, Revised Sheriffs Office, the Assessors Office and the Register
Rules of Court is instructive. The same provides: of Deeds are certainly the public places contemplated
by law, as these are places where people interested in
IN ADDITION TO THE FEES HEREINABOVE FIXED, THE purchasing real estate congregate.
AMOUNT OF ONE THOUSAND (P1,000) PESOS SHALL BE
DEPOSITED WITH THE CLERK OF COURT UPON FILING Henceforth, considering the foregoing pronouncements,
OF THE COMPLAINT TO DEFRAY THE ACTUAL TRAVEL the clerk of court/accountable officer is hereby directed to
EXPENSES OF THE SHERIFF, PROCESS SERVER OR OTHER refrain from collecting One Thousand Pesos (P1,000) as cost
COURT AUTHORIZED PERSONS IN THE SERVICE OF for the posting of notices in every extrajudicial foreclosure
SUMMONS, SUBPOENA AND OTHER COURT PROCESSES case. The posting of notices where the property is located
Volume XVII Issue No. 67 27

or in the barangay where the property is situated is the


obligation of the interested party. Resolution

For your information and strict compliance. WHEREAS, Section 6 of Republic Act (RA) No. 10142,
otherwise known as the Financial Rehabilitation and
August 17, 2015.
Insolvency Act of 2010 (the FRIA) empowers the Supreme
Court to designate the courts that will hear and resolve
(Sgd.) JOSE MIDAS P. MARQUEZ cases brought thereunder and to promulgate the rules of
Court Administrator pleading, practice, and procedure that will govern such
proceedings;
WHEREAS, in view of the passage of RA No. 8799, which
OCA CIRCULAR NO. 206-2015 transferred the jurisdiction of the Securities and Exchange
Commission over all cases enumerated under Section 5 of
Presidential Decree No. 902-A, including cases involving
TO: ALL PRESIDING JUDGES AND CLERKS OF COURT OF rehabilitation of corporations, partnerships, and other
THE SECOND LEVEL COURTS associations, to the Regional Trial Courts, A.M. No. 03-03-
SUBJECT: RESOLUTION DATED JUNE 16, 2015 IN A.M. 03-SC dated June 17, 2003 designated Special Commercial
NO. 03-03-03-SC (AMENDMENT OF A.M. NO. 03-03-03- Courts to handle these cases, as well as intellectual property
SC DATED JUNE 17, 2003, FOR THE EXPANSION OF THE cases;
COVERAGE OF CASES COGNIZABLE BY THE SPECIAL WHEREAS, A.M. No. 03-03-03-SC needs to be further
COMMERCIAL COURTS TO INCLUDE ALL CASES ON strengthened in order to address the gaps in venue caused
INSOLVENCY AND LIQUIDATION UNDER THE FRIA) by the limited number of designated Special Commercial
Courts per judicial region;
Pursuant to the Resolution dated June 16, 2015 in A.M.
WHEREAS, Sections 18 and 23 of Batas Pambansa Bilang
No. 03-03-03-SC, the Court En Banc, among other matters,
129 (The Judiciary Reorganization Act of 1980) authorize
expanded the coverage of cases cognizable by the special
the Supreme Court to define the territorial authority of the
commercial courts by including all cases on insolvency and branches of the Regional Trial Court to allow better access
liquidation under the Financial Rehabilitation and Insolvency to justice;
Act of 2010 (FRlA).
WHEREAS, cases governed by the FRIA for (1) the
The Resolution dated June 16, 2015, appended herein as rehabilitation of sole proprietorships, (2) insolvency
Annex A, was published in the Official Gazette on August 24, and liquidation of corporations, partnerships and other
2015 and shall take effect on September 8, 2015. associations, and (3) insolvency and suspension of
Any prior circular from the Office of the Court payments/discharge of individuals, are likewise special
Administrator on this matter which is contrary to the foregoing cases that are commercial in nature;
is hereby superseded. WHEREAS, liquidation cases emanating, not from the
FRIA but, from administrative proceedings are likewise
For your information, guidance and strict compliance.
commercial in nature;
September 8, 2015.
WHEREAS, to streamline the court structure and promote
(Sgd.) JOSE MIDAS P. MARQUEZ expediency and efficiency in handling special commercial
Court Administrator cases, the exercise of jurisdiction to hear and decide all
rehabilitation, insolvency and liquidation cases brought
under the FRIA and those emanating from administrative
proceedings are best consolidated under the Special
Commercial Courts;
Annex A NOW, THEREFORE, the Court Resolves:
EN BANC 1. That (1) cases governed by the FRIA for (a) the
rehabilitation of sole proprietorships, (b) the insolvency
A.M. NO. 03-03-03-SC and liquidation cases of corporations, partnerships and
AMENDMENT OF A.M. NO. 03-03-03-SC DATED JUNE other associations, and (c) insolvency and suspension
17, 2003, FOR THE EXPANSION OF THE COVERAGE OF of payments/discharge of individuals, and (2) those
CASES COGNIZABLE BY THE SPECIAL COMMERCIAL liquidation cases emanating from administrative
COURTS TO INCLUDE ALL CASES ON INSOLVENCY AND proceedings shall be heard and decided by the
LIQUIDATION UNDER THE FRIA designated Special Commercial Courts;
28 July - September 2015

Circulars
OCA CIRCULAR NO. 206-2015 (continued) Eight Thousand Pesos (P8,000) a month, provided that
they receive and hear at least 10 cases from their Assisted
2. Upon the effectivity of this Resolution, all newly filed Court for that month.
and pending cases mentioned in the immediately 2. Judges of Assisting Courts with more than one Assisted
preceding paragraph shall be assigned or transferred Court shall be entitled to a special additional expense
to the designated Special Commercial Courts having allowance of Twelve Thousand Pesos (P12,000) a month,
territorial jurisdiction over them; provided that they receive and hear at least 10 cases from
3. When there is no Special Commercial Court designated each of their Assisted Courts for that month. Should the
to hear and decide a case filed within a specific territory number of cases received and heard for the month from
in accordance with the existing rules on venue, the each Assisted Court be less than 10, but if added together
case may be filed in any designated Special Commercial amounts to at least 10 cases, the judge of the Assisting
Court within the judicial region of said territory; and Court shall be entitled to Eight Thousand Pesos (P8,000)
4. In order to ensure a just and equitable distribution of as special additional expense allowance.
cases, the designated Special Commercial Courts shall 3. For the release of the special additional expense
continue to participate in the raffle of other cases. allowance, a Certification issued by the Branch Clerk
Provided, however, that the Executive Judge concerned of Court as to the number of cases received and heard
shall adopt a procedure whereby every rehabilitation,
by the judge of the Assisting Court from the Assisted
insolvency or liquidation case assigned or transferred
Court for the month must be submitted to the Financial
to a Special Commercial Court shall be duly credited to
Management Office (FMO), OCA, within the first five days
such court.
of the succeeding month.
This Resolution shall take effect 15 days following its
publication in the Official Gazette or in two newspapers of 4. Entitlement to the special additional expense allowance
national circulation. shall retroact from the start date of the Assisting Courts
project, as provided in OCA Circular Nos. 10-2015-A, 10-
June 16, 2015. 2015-AA, 61-2015, and 69-2015, subject to the submission
of the required Certification.
(Sgd.) SERENO, CJ, CARPIO, VELASCO, Jr., LEONARDO-DE
CASTRO, BRION, PERALTA (on official leave), BERSAMIN, 5. The special additional expense allowance shall be charged
DEL CASTILLO, VILLARAMA, Jr., PEREZ, MENDOZA, REYES, against the Maintenance and Other Operating Expenses
PERLAS-BERNABE, LEONEN (on official leave), JARDELEZA, of the lower courts for Fiscal Year 2015.
JJ. For your guidance and information.
September 15, 2015.

(Sgd.) JOSE MIDAS P. MARQUEZ


OCA CIRCULAR NO. 213-2015
Court Administrator

TO: ALL JUDGES OF THE ASSISTING COURTS IN THE


METROPOLITAN TRIAL COURTS IN MANILA CITY, THE
REGIONAL TRIAL COURTS IN CEBU CITY, AND THE MUNICIPAL
TRIAL COURT IN CITIES IN MANDAUE CITY, CEBU
OCA CIRCULAR NO. 222-2015
SUBJECT: GUIDELINES FOR THE SPECIAL ADDITIONAL
EXPENSE ALLOWANCE FOR ASSISTING COURT JUDGES TO: ALL JUDGES AND COURT PERSONNEL

Pursuant to the July 9, 2015 request of the Office of the Court SUBJECT: AMENDMENT TO OCA CIRCULAR NO. 07-2013,
Administrator (OCA) for the grant of a Special Additional TIMELY SUBMISSION OF CERTIFICATES OF SERVICE
Expense Allowance for Assisting Court Judges, which was OF JUDGES AND DAILY TIME RECORDS (DTRs)/BUNDY
approved by the Honorable Chief Justice Maria Lourdes P. CARDS OF PERSONNEL OF THE LOWER COURTS
A. Sereno on August 28, 2015, the following Guidelines for For the information and guidance of all concerned, item nos.
the Special Additional Expense Allowance for Assisting Court 5 and 6 of OCA Circular No. 07-2013 dated January 16, 2013
Judges shall be observed: are hereby amended to read as follows:
1. Judges of Assisting Courts with one Assisted Court shall 5. The Clerk of Court in the OCC and in the respective
be entitled to a special additional expense allowance of branches shall thereafter forward, within the first
Volume XVII Issue No. 67 29

five days after the end of each month, the Certificates (d) having incurred at least one day
of Service and DTRs/Bundy Cards, together with the vacation or sick leave of absence
properly accomplished application/s for leave (Civil spent outside the country without
Service Form No. 6), if applicable, of all employees securing travel authority.
in the office/branch, and the Monthly Report on 6.2 The withheld salaries and benefits of the
Absences, Tardiness and Undertime in one batch, to concerned judges and personnel shall be
the: released after they have submitted their
Employees Leave Division Certificates of Service/DTRs/Bundy Cards or
Office of Administrative Services after they have reported for work following
Office of the Court Administrator their continuous sick leave of absence,
Supreme Court travel abroad or long leave.
1000 Manila 6.3 The following shall be grounds for exclusion
5.1. In the event that one or more personnel from the payroll:
failed to submit his/her DTR for the month, (a) absence without official leave for
the Clerk of Court shall make a declaration more than 30 consecutive working
or statement in the transmittal letter of days;
the reason/s why such personnel failed to (b) failure to report for work for more
submit his/her DTR. Such declaration must than 30 consecutive working days
be subscribed and sworn to before the after the lapse of the period covered
Executive/Presiding Judge (see attached by the approved authority to travel
copy of form); abroad;
5.2. The reason/s cited by the Clerk (c) The judge or personnel has filed an
of Court shall be the basis of the intent to retire/resign but has not
Employees Leave Division (ELD), officially filed an application form
OAS, OCA for the withholding of for retirement/resignation and the
salary or exclusion from the payroll judge or personnel has continuously
of the concerned judge and/or failed to submit his/her Certificate
dropping from the rolls by reason of Service or DTRs/Bundy Cards
of absence without official leave after the effectivity date of his/her
(AWOL) of the concerned personnel; retirement or resignation;
6. To avoid overpayment and over-remittance, the (d) And other similar cases.
salaries and benefits of judges and personnel of
the lower courts shall be withheld or excluded 6.4 The concerned judges and personnel shall
from the payroll, without prior notice, based on be re-included in the payroll after they
the following grounds: have submitted to the OCA proof that
they have reported back for work and that
6.1 The following shall be grounds for their absences or failure to submit their
withholding of salaries and benefits: Certificates of Service/DTRs/Bundy Cards
(a) failure to submit Certificate of is based on meritorious grounds, as may be
Service or DTR/Bundy Card within determined by the OCA.
the next two succeeding months; This Circular shall serve as notice to all concerned.
(b) having incurred approved sick leave
All prior circulars, orders, and other issuances inconsistent
without pay for 30 consecutive
with this OCA circular are hereby revoked.
working days, spent within or
outside the country; For immediate compliance.
(c) having incurred approved vacation September 18, 2015.
leave without pay for at least one
day by reason of travel abroad or
(Sgd.) JOSE MIDAS P. MARQUEZ
long leave for the purpose of taking
Court Administrator
the bar or board examination; and
30 July - September 2015

OCA CIRCULAR No. 222-2015


Form 1

Republic of the Philippines


Supreme Court
Office of the Court Adminstrator
Manila


Date

THE CHIEF
Employees Leave Division
Office of the Court Administrator
Supreme Court, Manila

Dear Sir/Madam,

Enclosed herewith are the Certificate of Service, Daily Time Records (DTRs) and Leave Application/s
for leave of absence/s for the month of of the following court employees of
the :
(Station)
Employee Names Position

Please take note that Mr./Ms. ,


(name) (position)

(station)
did not submit to the undersigned his/her DTR as required due to

(reason for not submitting)

Respectfully yours,

(Clerk of Court/Officer in Charge)

SUBSCRIBED AND SWORN to before me this day of ,


affiant exhibiting to me his/her Supreme Court issued Identification Card No.


(Executive/Presiding Judge)
Volume XVII Issue No. 67 31

Fourth Quarter 2015 Training Programs and Activities (Continued from page 32)

November 12 Career Enhancement Program for Regional Trial Court


OSG Padilla Hall, Office of the Solicitor General, Makati City Sheriffs of the National Capital Judicial Region (Batch 3)
Roundtable Discussion on Issues and Concerns Relating to November 2426, PHILJA Training Center, Tagaytay City
Intellectual Property Rights and Enforcement Orientation of Clerks of Court and Branch Clerks of Court
October 2728, New World Hotel, Makati City on Judicial Dispute Resolution
Career Enhancement Program for Lawyers-Clerks of Court November 24, Microtel by Wyndham, Cabanatuan City
of the National Capital Judicial Region Nueva Ecija
Batch 1: Manila, Caloocan and Pasay Orientation of Public Prosecutors, Public Attorneys, and
October 2830, PHILJA Training Center, Tagaytay City Law Practitioners on Judicial Dispute Resolution
November 24, Microtel by Wyndham, Cabanatuan City
12th Metrobank Foundation Professorial Chair Lecture
Nueva Ecija
October 2830, Metrobank Plaza, Makati City
Judicial Career Enhancement Program for First Level Court
Good Practices for the Judiciary in Adjudicating Terrorism
Judges of the Eighth Judicial Region
Offenses (Southeast Asia Regional Meeting)
November 2527, PHILJA Training Center, Tagaytay City
November 35, InterContinental Manila Hotel, Makati City
Seventh Seminar-Workshop on Deposit Insurance, Banking
Judicial Career Enhancement Program for First Level Court
Practices and Bank Conservatorship, Receivership and
Judges of the Seventh Judicial Region
Liquidation
November 46, PHILJA Training Center, Tagaytay City
November 2526, Hotel Elizabeth, Arch. Reyes, Cebu City
12th National Convention and Seminar of the Regional Trial
PHILJA Curriculum Review: Focus Group Discussion (FGD)
CourtClerks of Court Association of the Philippines
for the Academe and Civil Society
Theme: E-Administration of Justice: Clerks of Court
November 25, San Beda College, Mendiola, Manila
Adapting thru the Changing Times
November 46, City of Dreams, Paraaque City Roundtable Discussion for Justices and Selected Court
Attorneys of Court of AppealsCagayan de Oro Station on
Refresher/Advanced Course for Court-Annexed Mediators Financial Crimes and Money Laundering
Davao Mediation Program December 23, Limketkai Luxe Hotel, Cagayan de Oro City
November 910, The Royal Mandaya Hotel, Davao City Career Enhancement Program for Court Social Workers of
the 9th to 12th Judicial Regions
SOCSARGEN Mediation Program
December 24, Waterfront Insular Hotel, Lanang, Davao
November 1213, Hotel San Marco, General Santos City
City
Samar and Leyte Mediation Programs Competency Enhancement Training for Judges,
December 23, XYZ Hotel, Tacloban City Prosecutors, Social Workers, and Law Enforcement
Investigators Handling Trafficking in Persons Cases
Metro Manila Mediation Program
December 24, Quest Hotel and Conference Center, Cebu
December 1011, Bayview Park Hotel, Roxas Boulevard
City
Ermita, Manila
Seminar on Election Laws for Supreme Court Lawyers
Continuing Legal Education Program for Court Attorneys of
December 4, PHILJA Training Center, Tagaytay City
the Court of Appeals
Seminar-Workshop on Dangerous Drugs Law for Judges,
Batch 1
Prosecutors and Law Enforcers of the 10th Judicial Region
November 910, PHILJA Training Center, Tagaytay City
December 810, Limketkai Luxe Hotel, Cagayan de Oro City
Batch 2 Capacity Building on Environmental Laws and the Rules
November 1213, PHILJA Training Center, Tagaytay City of Procedure for Environmental Cases for Selected Judges
Seminar-Workshop on Strengthening Judicial Integrity and and Branch Clerks of Court of Regions I and II
Rule of Law for Selected Judges of Regions IV and V December 911, PHILJA Training Center, Tagaytay City
November 1213, Avenue Plaza Hotel, Naga City
3rd Floor, Supreme Court Centennial Building
32 Padre Faura Street corner Taft Avenue, Manila
PRIVATE OR UNAUTHORIZEDJulyUSE- September
TO AVOID 2015
PAYMENT OF POSTAGE IS PENALIZED BY FINE OR
1000 Philippines IMPRISONMENT OR BOTH

Fourth Quarter 2015 Training Programs and Activities


Justice Adolfo S. Azcuna
Pre-Internship Orientation and Meeting Batch 3 Chancellor
with Judges, Clerks of Court, Branch October 2223
Clerks of Court, Mediation Trainees PHILJA Training Center, Tagaytay City Professor Sedfrey M. Candelaria
and PMC Unit Staff in Court-Annexed Philippine Judges Association Annual Editor in Chief
Mediation Convention
October 1416 Editorial and Research Staff
North Cotabato Mediation Program Atty. Orlando B. Cario
October 1 Manila Marriot Hotel, Newport
Boulevard, Newport City Complex Atty. Ma. Melissa Dimson-Bautista
Kidapawan City, North Cotabato
Pasay City Armida M. Salazar
Sultan Kudarat Mediation Program Jocelyn D. Bondoc
October 2 36th Pre-Judicature Program Ronald Paz Caraig
Tacurong City, Sultan Kudarat (As Prescribed by Section 10, Republic Joseph Arvin S. Cruz
Act No. 8557) (Complete Compliance Christine A. Ferrer
30th Orientation Seminar-Workshop for with MCLE Requirements) Joanne Narciso-Medina
Newly Appointed Clerks of Court October 2030, Bayview Park Hotel Charmaine S. Nicolas
October 69, Roxas Boulevard, Manila Sarah Jane S. Salazar
PHILJA Training Center, Tagaytay City
Basic Judicial Training on Cybercrime
Judicial Settlement Conference for for Judges Circulation and Support Staff
Judges on Judicial Dispute Resolution October 2022 Romeo A. Arcullo
(Skills-based Course) Crown Regency Hotel, Cebu City Judith B. Del Rosario
October 69 Michael Angelo P. Laude
Validation/Vetting Session on the Final Lope R. Palermo
PHILJA Training Center, Tagaytay City
Draft of the Helpbook on Combating Daniel S. Talusig
7th Orientation Seminar-Workshop for Human Trafficking in the Philippines
Newly Appointed Sheriffs and Process October 22, Diamond Hotel Printing Services
Servers Roxas Boulevard, Manila Leticia G. Javier and Staff
October 68, Lahug, Cebu City 22nd National Convention Seminar of
Roundtable Discussion for Justices the Philippine Trial Judges League, Inc.
and Selected Court Attorneys of Court October 2224
Villa Caceres Hotel, Naga City The PHILJA Bulletin is published
of AppealsCebu Station on Financial
quarterly by the Research,
Crimes and Money Laundering Field Guide Information Drive on Publications and Linkages Office
October 78, Mactan, Cebu the Philippine Judicial Academy and of the Philippine Judicial Academy,
Continuing Legal Education Program for the Special Course on International with office at the 3rd Floor of the
Court Attorneys of the Supreme Court Criminal Law and Security Supreme Court Centennial Building,
Batch 1 October 26 Padre Faura Street corner Taft
October 1213 Alex Reyes Conference Room Avenue, Manila. Tel: 552-9524; Fax:
PHILJA Training Center, Tagaytay City Court of Appeals 552-9621; Email: research_philja@
yahoo.com; philja@sc.judiciary.gov.
Batch 2 November 9
ph; Website: http://philja.judiciary.
October 1416, Social Hall, House of Representatives
gov.ph
PHILJA Training Center, Tagaytay City Batasan, Complex, Quezon City
(Continued on page 31)