1
VOLUME XVI ISSUE NO. 64
OCTOBER-DECEMBER 2014
From the Chancellors Desk
These last three months saw us wrapping up our activities for
2014. I am happy to note that we were able to finish most, if not
all, of the projected activities in our calendar. During this quarter,
we held the 4th and 5th Orientation Seminar-Workshops for Newly
Appointed Sheriffs and Process Servers in Tagaytay City and Cebu
City, respectively; a seminar for RTC Executive Judges, 1st to 3rd
Vice Executive Judges, Single Sala Court Judges of Luzon and the
National Capital Judicial Region in Tagaytay City; and two Career
Enhancement Programs for RTC Clerks of Court of the 7th and
the 10th Judicial Regions in Cebu City and Cagayan de Oro City,
respectively. These completed our regular programs for the
period.
For our Special Focus Programs, we had: the 11th Metrobank
Foundation Professorial Chair Lecture by retired Supreme Court
Associate Justice Jose C. Vitug on Coping with the Changing
Landscape in Civil Law held at the Court of Appeals Auditorium;
a seminar-workshop for Substantive Law and Jurisprudence on
Intellectual Property in Cebu City for the Clerks of Court of Special
Commercial Courts of Regions VI, VII, and VIII and Selected
Court Attorneys of the Court of Appeals of the Cebu City Station;
and another on Procedural, Substantive Law and Jurisprudence
on Intellectual Property for Selected Commercial Court Judges
and Pairing Court Judges of the National Capital Judicial Region
and the 1st to 5th Judicial Regions, in Pasay City. A roundtable
discussion (RTD) was likewise held in Makati City on Issues and
Concerns Relating to Intellectual Property Rights Enforcement.
VOLUME XVI ISSUE NO. 64 ISSN 2244-5862
Several seminar-workshops also took place, such as that on
Strengthening Judicial Integrity and Rule of Law for Executive
and Vice Executive Judges of Regions VI, VII, and VIII in Cebu
City; one for Special Commercial Court Judges and Pairing Court
Judges of the National Capital Judicial Region and 1st to 5th Judicial
Regions in Pasay City; one on Dangerous Drugs Law for Judges,
Prosecutors and Law Enforcers of the 4th Judicial Region; and
one on Various Laws and Rules Relating to Money Laundering
and Other Financial Crimes for Judges in the 4th Judicial Region,
both held in Palawan. A Competency Enhancement Training for
Judges and Court Personnel Handling Cases Involving Children
(Pasay City) and a Personal Security Training (PST) for Judges
(Tagaytay City) were also held.
At the initiative of the Office of the Chief Justice, an
Overview of Investment Treaty Arbitration and the
International Center for Settlement of Investment Disputes
(ICSID) Rules which featured two lecturers of note, Ms. Meg
Kinnear, ICSID Secretary General and Ms. Martina Polasek, ICSID
Senior Legal Counsel/Team Leader, was delivered at the Supreme
Court En Banc Session Hall in November.
Rounding up the years activities, PHILJA continued to assist
in the Enhanced Justice on Wheels Program (EJOW) by delivering
the segment on Information Dissemination through a Dialogue
among Barangay Officials and Court Officials in the Cities of
Malaybalay and Cagayan de Oro in Misamis Oriental.
(Next page)
 2
OCTOBER - DECEMBER 2014

From the Chancellors Desk

(Continued from page 1)
Contents
From the Chancellors Desk . . . . . . . . . . . . . . . 1 PHILJA also assisted in the successful Philippine Judges
Trainings, Programs, and Activities . . . . . . . . 3 Association Midterm Convention in Albay with the theme PJA:
Triumph Over Adversities and in the 21st National Convention
Doctrinal Reminders . . . . . . . . . . . . . . . . . . . . . 14 Seminar of the Philippine Trial Judges League, Inc. (PTJLI), with
Circulars the team Advancing Justice Amidst Challenging Times, in Aklan.
OCA Circular No. 128-2014 Reiteration of The Academy, thru the Philippine Mediation Center Office
OCA Circular No. 33-2003 dated April 8, 2003 (PMCO), conducted a number of activities in support of
(Re: Compliance with Memorandum Circular
Alternative Dispute Resolution, as follows: Refresher/Advanced
No. 2 dated May 26, 1980 [Re: Submission to
the NBI of Report on Decisions in Criminal Courses for Court-Annexed Mediators for the Bulacan, Nueva
Cases, Pursuant to RA No. 157, in Relation to Ecija, Tarlac, Cavite, and Rizal Mediation Programs (Tagaytay
Circular Nos. 37 and 42, dated October 7, City) and the Metro Manila Mediation Programs (Manila).
1953 and May 15, 1969, respectively, of the
We took note of the new rulings, doctrinal reminders and
Department of Justice, and Memorandum
Circular No. 1 dated February 13, 1978 of this recent resolutions, circulars and orders from the Supreme Court
Court]) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 as well as the Office of the Court Administrator.
OCA Circular No. 134-2014 Submission of To our officials and staff, thank you for giving your best to
Project Procurement Management Plan the Academy. This made 2014 one of our strongest years.
(PPMP) for Year 2016 . . . . . . . . . . . . . . . . . . . 18
To our development partners, thank you for the steadfast
OCA Circular No. 136-2014 Case
assistance to us for the attainment of common goals.
Decongestion Status and Monthly Reports . . 19
OCA Circular No. 143-2014 Delivery of To the Supreme Court, we cannot thank you enough for
Supplies, Furniture, Equipment, Library your trust and solid support for all our trainings, programs, and
Materials, Accountable Forms and Other activities.
Materials Needed by the Trial Courts . . . . . . 19
The biggest thanks goes to the Almighty for having let us
OCA Circular No. 144-2014 Clarificatory finish 2014 successfully.
Issuance Relative to OCA Circular No. 10-2014
dated January 20, 2014 (Re: Requirement of
the Law on Adoption Cases) . . . . . . . . . . . . . . 20
OCA Circular No. 148-2014 Reiteration of
the 2004 Rules on Notarial Practice (A.M. No. ADOLFO S. AZCUNA
02-8-13-SC) . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Chancellor
OCA Circular No. 156-2014 Automation of
the Payroll System for All Pensioners/Judges
and Survivorship Pensioners . . . . . . . . . . . . . . 21
Orders In Pursuit of Judicial Excellence
Memorandum Order No. 26-2014
Reorganizing the Committee on Gender
Responsiveness in the Judiciary . . . . . . . . . . . 21
Memorandum Order No. 28-2014
Reorganizing the Committee for the
Decongestion of Provincial, City and
Municipal Jails . . . . . . . . . . . . . . . . . . . . . . . 22
Memorandum Order No. 31-2014
Appointing the Two OCA Assistant Chiefs of
Office (Office of Administrative Services,
Office of the Court Administrator) . . . . . . . . . 23
First Quarter 2015 Trainings, Programs, and
Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
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VOLUME XVI ISSUE NO. 64

Trainings, Programs, and Activities

Citizens Handbook on Environmental Justice

for the Autonomous Region of Muslim Mindanao Launched

The Philippine Judicial Academy
(PHILJA), in coordination with the
Program Management Office
(PMO) of the Supreme Court,
launched the publication entitled
Citizens Handbook on
Environmental Justice for the
Autonomous Region of Muslim
Mindanao on October 1, 2014, at
the Mamitua Saber Research and
Technology Center (MSRTC), Mindanao State University, Marawi
City. The United Nations Development Programme (UNDP),
United Nations Democracy Fund (UNDEF), Tanggol Kalikasan
(TK), Regional Human Rights Commission-ARMM (RHRC), and
Mindanao State University (MSU) provided valuable support
for the project.
The Citizens Handbook on Environmental Justice for ARMM
(Handbook for ARMM, for brevity) is a follow-up publication to
Access to Justice: A Sourcebook on Environmental Rights and
Legal Remedies and the Citizens Handbook on Environmental
Justice produced by PHILJA and PMO of the Supreme Court, in
cooperation with the UNDP. The Sourcebook is a resource
material for environmental advocates and a guide to
understand the Rules of Procedure for Environmental Cases
promulgated by the Supreme Court.
Like the Citizens Handbook on Environmental Justice, the
Handbook for ARMM is a citizen-friendly material designed to
help ordinary people or laypersons understand the key role
citizens play in the protection and promotion of the environment
and to encourage citizen participation in the enforcement of
environmental laws. Aside from introducing the reader to
several important concepts in environmental law to better
understand and appreciate environmental law enforcement,
the Handbook for ARMM presented Islamic principles and
imperatives to show the sacred teachings related to the
protection of land and natural resources from abuse and misuse.
Since this was tailor-made for the ARMM, the national laws are
supplemented by relevant local laws passed by the ARMM
Regional Assembly and their implementing rules and regulations,
in the hope that the Handbook for the ARMM will contribute
towards enforcing environmental laws to protect and preserve
our fragile environment.
 4
OCTOBER - DECEMBER 2014

PHILJA Holds Lecture on ICSID Rules

Chief Justice Maria Lourdes P. A. Sereno and Chancellor Adolfo S. Azcuna present the Plaque of Appreciation to Ms. Meg Kinnear,
International Center for Settlement of Investment Disputes (ICSID) Secretary-General for her lecture on Investment Treaty Arbitration and
the ICSID Rules held on November 24, 2014 at the Supreme Court En Banc Session Hall.

On November 24, 2014, PHILJA, upon the directive of the Chief Justice, organized a special lecture entitled An Overview of
Investment Treaty Arbitration and the International Centre for Settlement of Investment Disputes (ICSID) Rules at the Supreme
Court En Banc Session Hall, with Ms. Meg Kinnear and Ms. Martina Polasek, Secretary-General and Senior Legal Counsel/Team
Leader of ICSID, respectively, as lecturers. In attendance were 211 participants comprising SC and PHILJA officials and employees,
CA justices and lawyers, CTA justices, RTC/MeTC judges, and other guests.
Chancellor Adolfo S. Azcuna welcomed the lecturers and guests followed by a message from Chief Justice Maria Lourdes P. A.
Sereno. Ms. Kinnear and Ms. Polasek comprehensively discussed Introduction to ICSID; ICSID and Investment Laws and Treaties;
Trends in Investment Agreements and Investment Disputes; ICSID Dispute Settlement; ICSID Proceedings; Conduct of an ICSID
Convention Arbitration; Jurisdiction under the ICSID Convention (Article 25(1) of the ICSID Convention); Exclusion of Any Other
Remedy (Article 26 of the ICSID Convention); Who Decides the Dispute?; Post-Award Remedies; Annulment: Article 52 of the ICSID
Convention and Grounds; Recognition and Enforcement of Awards; Designations by the Philippines of Competent Courts of Other
Authorities for Recognition and Enforcement; Compliance with ICSID Awards; ICSID and Philippines; and Philippines and Investment
Treaties. Handouts on ICSID Caseload-Statistics were distributed to the participants.
Established in 1966 by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States
(the ICSID Convention), ICSID is an independent, depoliticized and effective investment dispute settlement institution that provides
for settlement of disputes by conciliation, arbitration or fact-finding. It promotes international investment by providing confidence
in the dispute resolution process, as well as greater awareness of international law on foreign investment and the ICSID process.
 5
VOLUME XVI ISSUE NO. 64

Eleventh Metrobank Foundation Professorial Chair Lecture

The 11th Metrobank Foundation Professorial Chair Lecture featuring the topic Coping with the Changing
Landscape in Civil Law was delivered by retired Supreme Court Associate Justice Jose C. Vitug,
the 2014 holder of the Metrobank Foundation Professorial Chair in Civil Law and Chair of PHILJAs
Commercial Law Department, on October 8, 2014 at the Court of Appeals Auditorium. Two
hundred ninety-five participants composed of SC and PHILJA officials and employees, CA officials
and employees, lower court employees and other guests attended the lecture.
PHILJA Chancellor Justice Adolfo S. Azcuna formally welcomed the participants. Mr. Aniceto
M. Sobrepea, President of Metrobank Foundation, Inc., delivered a message. Justice Vitugs
lecture was outlined as follows: Prefatory; The Legal Systems of the World; Increasing
Preponderance in the Application of Equity and Practical Realties; The Marriage Institution; Effects
of Advances in Science and Technology; Coming Up: A Borderless Society; The Judicial System; The
Legal Profession; The Academe; and The Not-Too-Distant Future. After the lecture, Professor
Pacifico Agabin, Chair of PHILJAs Constitutional Law Department, and Professor Ruben F. Balane,
Chair of PHILJAs Civil Law Department, gave their reactions. Chief Justice Maria Lourdes P. A.
Sereno delivered the Closing Remarks.
The Metrobank Foundation Professorial Chair Lecture is endowed by the Metrobank
Foundation, Inc. to assist PHILJAs judicial education programs by providing grants to its Corps of
Professors to write and publish books and treatises with innovative concepts and approaches in
designated areas of law. Since 2004, 11 PHILJA Professors have delivered professorial chair
lectures in various fields of law.
 6
OCTOBER - DECEMBER 2014

Special HRD Session: Kids at Work

On October 30, 2014, PHILJA gathered their employees children, grandchildren, and nephews/nieces in a special human resource
development session entitled Kids at Work held at the SC Training Center. The activity was designed to familiarize the children with
the different community helpers and their functions. They were encouraged to come dressed in community helpers costumes.
The program began with a prayer and singing of the national anthem led by participants Sophia Castillo and Samvielle Valdez,
respectively. The morning session was devoted to activities such as singing of action songs and story-telling that presented the
functions and importance of community helpers; parade of PHILJA Kids at Work where the children showcased their costumes; and
Treat or Treats at PHILJA. Early bird and best in costume awards were given to deserving children as judged by Ms. Ma. Beatriz A.
Azcuna, Atty. Eric Voltaire A. Pablo and Ms. Minerva C. Briones. Tattoo and photo booth sessions were held in the afternoon.
Thirty-eight children aged 2-10 participated in this activity.
 Seminars

7
VOLUME XVI ISSUE NO. 64

METROPOLITAN TRIAL COURT

Orientation Seminars
NATIONAL CAPITAL JUDICIAL REGION
Mr. Pablo C. Sevilla
MeTC, Branch 56, Malabon City
4th Orientation Seminar-Workshop for Newly Appointed
Sheriffs and Process Servers (Batch 2) MUNICIPAL TRIAL COURTS IN CITIES
Date: October 1416, 2014 REGION I
Venue: PHILJA Training Center, Tagaytay City Mr. Mario Manolito S. Del Val
Participants: 22 newly appointed sheriffs and 31 newly MTCC, Branch 3, Baguio City, Benguet
appointed process servers, namely: Mr. Vanny D. Meneses
MTCC, Branch 3, Dagupan City, Pangasinan
I. SHERIFFS Mr. Ernesto T. Pulido, Jr.
MTCC, OCC, San Fernando City, La Union
REGIONAL TRIAL COURTS
REGION III
REGION I Ms. Gebeth R. Macaraig
Mr. Junar G. Armida MTCC, OCC, San Jose City, Nueva Ecija
RTC, OCC, Laoag City, Ilocos Norte
Mr. Juvy G. Funtila REGION V
RTC, Branch 23, Candon City, Ilocos Sur Mr. Elmer E. Bagsic
Mr. Eric F. Ollero MTCC, Branch 1, Sorsogon City, Sorsogon
RTC, Branch 41, Dagupan City, Pangasinan Mr. Aldrin A. Hernandez
Ms. Conchita T. Pagteilan MTCC, Branch 1, Naga City, Camarines sur
RTC, Branch 36, Bontoc, Mt. Province
II. PROCESS SERVERS
REGION II COURT OF TAX APPEALS
Ms. Jessiebelle M. Dela Pea
RTC, Branch 32, Cabarroguis, Quirino Mr. Tomas Macpel A. Corral*
Mr. Paterno D. Palogan CTA, Quezon City
RTC, Branch 20, Cauayan City, Isabela
REGIONAL TRIAL COURTS
REGION III REGION I
Ms. Vivian F. Beltran Mr. Elmer B. Azurin
RTC, Branch 23, Cabanatuan City, Nueva Ecija RTC, Branch 24, Cabugao, Ilocos Sur
Mr. Glenn P. Carlos Mr. Romeo M. Gonzales
RTC, Branch 58, Angeles City, Pampanga RTC, OCC, Batac City, Ilocos Norte
Ms. Andrea C. Eduardo Mr. Joey Vincent T. Liwaliw
RTC, Branch 27, Cabanatuan City, Nueva Ecija RTC, Branch 36, Bontoc, Mt. Province
Ms. Marife M. Nucum Mr. Manolo V. Mariano III
RTC, Branch 51, Guagua, Pampanga RTC, Branch 6, Baguio City, Benguet
Mr. Daniel D. Peralta
REGION V RTC, Branch 49, Urdaneta City, Pangasinan
Ms. Marilyn L. Aonuevo Mr. Eduardo G. Tenedero
RTC, Branch 49, Cataingan, Masbate RTC, OCC, Candon City, Ilocos Sur
Mr. Hector O. Dipasupil
REGION II
RTC, Branch 41, Daet, Camarines Norte
Ms. Armie-Lou C. Amistad
Mr. Jay B. Intia
RTC, Branch 20, Cauayan, Isabela
RTC, Branch 39, Daet, Camarines Norte Mr. Reinville B. Fernandez
Mr. Jose Andreo M. Rili RTC, Branch 28, Bayombong, Nueva Vizcaya
RTC, OCC, Naga City, Camarines Sur
Mr. Zaldy C. Sarcilla * Was issued a certificate of partial attendance only due to
RTC, Branch 28, Naga City, Camarines Sur incomplete attendance.
 8
REGION III
Mr. Narciso M. Ramos
RTC, OCC, Sto. Domingo, Nueva Ecija
Mr. Lutgardo A. Ferrer
RTC, Branch 42, City of San Fernando, Pampanga
REGION V
Ms. Julian P. Brocales
RTC, OCC, Naga City, Camarines Sur
Mr. Christopher S. Lucido
RTC, Branch 3, Legazpi City, Albay
MUNICIPAL TRIAL COURTS
REGION I
Mr. Marcelo B. Avelino
MTCC, Alaminos City, Pangasinan
Mr. Esteban F. Engngeg
MTCC, Branch 2, Baguio City, Benguet
REGION II
Mr. Robert C. Gosiengfiao
MTCC, OCC, Tuguegarao City, Cagayan
REGION III
Mr. Aris C. Tuazon
MTCC, Branch 1, City of San Fernando, Pampanga
Mr. Reynold L. Yabut
MTCC, OCC, City of San Fernando, Pampanga
MUNICIPAL TRIAL COURTS
REGION I
Mr. John G. Baetiong
MTC, San Nicolas, Ilocos Norte
Ms. Florence D. Flora
MTC, Naguilian, La Union
Mr. Victor Benedict R. Torio
MTC, Mapandan, Pangasinan
REGION II
Mr. Joel S. Patricio
MTC, Echague, Isabela
Ms. Melanie Rose F. Trinidad
MTC, Branch 3, Lal-lo, Cagayan
REGION III
Mr. Jay Jay M. Dantis
MTC, San Miguel, Bulacan
Mr. Reggie C. Farmer
MTC, San Leonardo, Nueva Ecija
Mr. Rodrigo C. Galos
MTC, Paombong, Bulacan
Mr. Walvie O. Minola
MTC, San Antonio, Zambales
OCTOBER - DECEMBER 2014
REGION V
Mr. Glody N. Bigueras
MTC, Mercedes, Camarines Norte
Mr. Ricky J. Maago
MTC, Basud, Camarines Norte
MUNICIPAL CIRCUIT TRIAL COURTS
REGION I
Mr. Garry Glenn C. Danao
3rd MCTC: Tubao-Pugo, La Union
REGION III
IN CITIES Mr. Jake A. Piol
4th MCTC: Moncada-San Manuel-Anao, Tarlac
5th Orientation Seminar-Workshop for Newly Appointed
Sheriffs and Process Servers
Date: November 46 , 2014
Venue: BE Hotel, Mactan, Cebu
Participants: 13 newly appointed sheriffs and 27 newly
appointed process servers, namely:
I. SHERIFFS
REGIONAL TRIAL COURTS
REGION VI
Mr. Ramil G. Facurib
RTC, Branch 39, Iloilo City, Iloilo
REGION VII
Mr. Henri Voltaire T. Sojor
RTC, OCC, Dumaguete City, Negros Oriental
REGION VIII
Mr. Lauro Romanus Ceasar P. Castillo III
RTC, OCC, Tacloban City, Leyte
Mr. Mario A. Sabarillo
RTC, Branch 5, Oras, Eastern Samar
REGION X
Mr. Alan M. Banaag
RTC, Branch 40, Cagayan de Oro City, Misamis Oriental
Mr. Antonino L. Mabale
RTC, Branch 37, Cagayan de Oro City, Misamis Oriental
REGION XI
Ms. Mylene C. Novo
RTC, OCC, Tandag City, Surigao del Sur
MUNICIPAL TRIAL COURTS IN CITIES
REGION VII
Ms. Millen D. Lawas
MTCC, Danao City
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VOLUME XVI ISSUE NO. 64

REGION X MUNICIPAL TRIAL COURTS IN CITIES

Mr. Edward Noel L. Casals
MTCC, Branch 1, Butuan City, Agusan del Norte REGION VI
Mr. Constantino P. Gulmatico
REGION XI MTCC, Branch 9, Iloilo City, Iloilo
Mr. Ramonito F. Catubag
MTCC, Tagum City, Davao del Norte REGION VII
Mr. Ricky C. Sucayre
Ms. Vivian P. Dela Cruz
MTCC, Branch 1, Mandaue City, Cebu
MTCC, OCC, Davao City, Davao del Sur
Ms. Jinky T. Cabrillos
Ms. Janeta S. Pazo
MTCC, OCC, Talisay City, Cebu
MTCC Tandag City, Surigao del Sur
Mr. Felix R. Encila
Mr. Darwin Trumata
MTCC, OCC, Madaue City, Cebu
MTCC, Branch 4, Davao City, Davao del Sur
REGION X
II. PROCESS SERVERS Mr. Carlo T. Aranas
MTCC, Branch 2, Butuan City, Agusan del Norte
REGIONAL TRIAL COURTS
REGION VI MUNICIPAL TRIAL COURTS
Mr. Reneboy B. Banggay
REGION VII
RTC, Branch 54, Bacolod City, Negros Occidental
Mr. Michael Nio C. Olivar
Ms. Carmela A. Cayao
MTC, Dalaguete, Cebu
RTC, Branch 48, Bacolod City, Negros Occidental
REGION VIII
REGION VII Ms. Julian M. Lobenia II
Mr. Orville A. Baldado, Jr. MTC, Taft, Eastern Samar
RTC, Branch 36, Dumaguete City, Negros Oriental
Mr. Filemon B. Repollo, Jr. REGION XI
RTC, Branch 43, Tanjay, Negros Oriental Mr. Karlo C. Tan
Mr. Leonilo Q. Villoga MTC, Maco, Compostela Valley
RTC, Branch 66, Talisay City, Cebu
MUNICIPAL CIRCUIT TRIAL COURTS
REGION VIII
Ms. Emmelou C. Cheng REGION VIII
RTC, Branch 5, Oras, Eastern Samar Mr. Raul B. Abrea
9th MCTC: Bato-Matalom, Leyte
REGION IX Mr. Jillver T. Galit
Mr. Ruben S. Languita 4th MCTC: Catubig-Las Navas, Northern Samar
RTC, Branch 16, Zamboanga City, Zamboanga del Sur Mr. Romualdo L. Oreo, Jr.
6th MCTC: Villareal-Pinabacdao, Samar
REGION X Ms. Maria Donnalith P. Tomenio
Mr. Solomon D. Borres 2nd MCTC: Oras-Jipapad, Eastern Samar
RTC, Branch 17, Cagayan de Oro City, Misamis Oriental
REGION X
Mr. Jupe R. Jabien
Mr. Serlanhder O. Dela Cruz
RTC, Branch 22, Cagayan de Oro City, Misamis Oriental
2nd MCTC: Tubay-Santiago, Agusan del Norte
Mr. Elias L. Lutao
RTC, Branch 21, Cagayan de Oro City, Misamis Oriental REGION XI
Mr. Elton Fren S. Margate
REGION XI 3rd MCTC: Lupon-Banaybanay, Davao Oriental
Mr. Noel D. Ma-aya
RTC, Branch 35, General Santos City, South Cotabato REGION XII
Mr. Randie D. Sullano Mr. Regin B. Er-er
RTC, Branch 30, Tagum City, Davao del Norte 6th MCTC: Tubod-Baroy-Magsaysay, Lanao del Norte
 10
Orientation Seminar-Workshop
for Executive Judges
Seminar for Executive Judges (RTC Vice Executive Judges,
1st to 3rd Vice Executive Judges, and Single Sala Courts
Judges of Luzon and the NCJR)
Date: November 2728, 2014
Venue: PHILJA Training Center, Tagaytay City
Participants: 48 RTC judges
Career Enhancement Programs
Career Enhancement Program for RTC Clerks of Court
REGION X
Date: November 1820, 2014
Venue: Seda Centrio, Cagayan de Oro City
Participants: 46 RTC clerks of court
REGION VII
Date: December 24, 2014
Venue: Hotel Elizabeth, Cebu City
Participants: 54 RTC clerks of court
Special Focus Programs
11th Metrobank Foundation Professorial Chair Lecture
Featuring the Topic on Coping with the Changing
Landscape in Civil Law
Date: October 8, 2014
Venue: Court of Appeals Auditorium, Court of Appeals, Manila
Participants: 295 SC, CA and PHILJA officials and employees,
MeTC judges, clerks of court, and legal researchers, and other
guests
Seminar-Workshop on Procedural, Substantive Law and
Jurisprudence on Intellectual Property
FOR CLERKS OF COURT OF SPECIAL COMMERCIAL COURTS REGIONS VI TO
VIII AND SELECTED COURT ATTORNEYS OF THE COURT OF APPEALSCEBU
CITY STATION
Date: October 89, 2014
Venue: Best Western Plus Lex Hotel, Cebu City
Participants: 47 RTC clerks of court and CACebu City Station
lawyers
OCTOBER - DECEMBER 2014
FOR SELECTED COMMERCIAL COURT JUDGES AND PAIRING COURT JUDGES OF
THE NATIONAL CAPITAL JUDICIAL REGION, FIRST, SECOND, THIRD, FOURTH,
AND FIFTH JUDICIAL REGIONS
Date: November 21, 2014
Venue: Traders Hotel, Roxas Boulevard, Pasay City
Participants: 35 RTC judges
Information Dissemination through a Dialogue between
Barangay Officials and Court Officials
CAGAYAN DE ORO CITY
Date: October 23, 2014
Venue: City Tourism Hall, City Hall, Cagayan de Oro City
Misamis Oriental
Participants: 85 barangay officials
MALAYBALAY CITY
Date: October 24, 2014
Venue: Kaamulan Open Theater, Malaybalay City
Participants: 135 barangay officials
Seminar-Workshop on Strengthening Judicial Integrity and
Rule of Law for Executive and Vice Executive Judges of Regions
VI to VIII
Date: October 2829, 2014
Venue: Radisson Blu Hotel, Cebu City
Participants: 23 RTC and MTCC judges
Competency Enhancement Training for Judges and Court
Personnel Handling Cases Involving Children
Date: November 1113, 2014
Venue: PHILJA Training Center, Tagaytay City
Participants: 69 RTC judges, clerks of court/officers in charge,
court interpreters, court social workers, prosecutors, PAO
lawyers, and representatives from Consuelo Foundation and
CPU-PGH
Seminar-Workshop for Special Commercial Court Judges and
Pairing Court Judges of the National Capital Judicial Region,
First, Second, Third, Fourth, and Fifth Judicial Regions
Date: November 1920, 2014
Venue: Traders Hotel, Roxas Boulevard, Pasay City
Participants: 34 RTC judges
An Overview of Investment Treaty Arbitration and the
International Centre for Settlement of Investment Disputes
(ICSID) Rules
Date: November 24, 2014
Venue: SC En Banc Session Hall, SC New Building, Manila
Participants: 211 SC, CA, and CTA justices, SC, CA and PHILJA
officials and employees, RTC and MeTC judges, SC choir and
other guests
 11
VOLUME XVI ISSUE NO. 64

Seminar-Workshop on Dangerous Drugs Law for Judges,

Prosecutors and Law Enforcers of the Fourth Judicial Alternative Dispute Resolution
Region Programs
Date: November 2527, 2014
Venue: Aziza Hotel, Puerto Princesa City, Palawan
Participants: 62 RTC judges, prosecutor, and law enforcers Refresher/Advanced Course for Court-Annexed Mediators
BULACAN, NUEVA ECIJA, TARLAC, CAVITE AND RIZAL MEDIATION PROGRAMS
Seminar-Workshop on Various Laws and Rules Relating
Date: October 1617, 2014
to Money Laundering and Other Financial Crimes for
Venue: PHILJA Training Center, Tagaytay City
Judges in the Fourth Judicial Region
Participants: 54 mediators
Date: November 2627, 2014
Venue: Sheridan Hotel, Puerto Princesa City, Palawan
Participants: 25 RTC judges

Personal Security Training for Judges

Date: December 24, 2014
Venue: PHILJA Training Center, Tagaytay City
Participants: 56 RTC, MTCC, MTC, and MCTC judges

Convention-Seminars

Philippine Judges Association (PJA) Midterm Convention

Theme: PJA: Triumph Over Adversities
Date: October 1416, 2014 METRO MANILA MEDIATION PROGRAM
Venue: Oriental Hotel, Legazpi City, Albay Date: November 1314, 2014
Participants: 292 RTC judges Venue: Court of Appeals Auditorium, Manila
Participants: 51 mediators

Roundtable Discussion

Roundtable Discussion on Issues and Concerns Relating

to Intellectual Property Rights Enforcement
Date: October 2324, 2014
Venue: Dusit Thani Hotel, Makati City
Participants: 38 Philippine (RTC) judges, Myanmar judges, and
representatives from Department of Justice, Intellectual
21st National Convention and Seminar of the Philippine Property of the Philippines and Supreme Court Subcommittee
Trial Judges League, Inc. (PTJLI) on Intellectual Property
Theme: Advancing Justice Amidst Challenging Times
Date: October 2325, 2014
Venue: Crown Regency Resort and Convention Center, Boracay
Island, Malay, Aklan
Participants: 229 RTC, MeTC, MTCC, MTC, MCTC and SHCC
judges
 12
OCTOBER - DECEMBER 2014

Court of Appeals Justices Jose C. Reyes, Jr. (seated left) and Myra G. Fernandez (seated right) with the participants of the Seminar for
Executive Judges (RTC Vice Executive Judges, 1st to 3rd Vice Executive Judges, and Single Sala Courts Judges of Luzon and the NCJR) held on
November 2728, 2014, at the PHILJA Training Center, Tagaytay City.

PHILJA Chancellor, Justice Adolfo S. Azcuna addresses the participants of the Roundtable Discussion on Issues and Concerns Relating to
Intellectual Property Rights Enforcement held on October 2324, 2014, at the Dusit Thani Hotel, Makati City.

PHILJA Executive Secretary and Acting Chief of the Philippine Mediation Center Office Justice Marina L. Buzon, (seated center) with the
participants of the Refresher/Advanced Course for Court-Annexed Mediators (Bulacan, Nueva Ecija, Tarlac, Cavite and Rizal Mediation
Programs) held on October 1617, 2014, at the PHILJA Training Center, Tagaytay City.
 13
VOLUME XVI ISSUE NO. 64

Judge Eugene C. Paras, Presiding Judge of the Regional Trial Court Branch 58, Makati City and Executive Vice President of the Philippine
Judges Association (PJA) speaks before the members of the Association during their Midterm Convention held on October 1416, 2014,
at the Oriental Hotel, Legazpi City, Albay.

Chancellor Adolfo S. Azcuna (seated center, second row), with the facilitators and participants of the Competency Enhancement Training
for Judges and Court Personnel Handling Cases Involving Children held on November 1113, 2014, at the PHILJA Training Center,
Tagaytay City.

CDO Exec. Judge Dennis Z. Alcantar (seated left), and Supreme Court Deputy Court Administrator Jenny Lind Aldecoa-Delorino (seated
right) answer questions from the barangay officials of Cagayan de Oro City during the Information Dissemination through a Dialogue
between Barangay Officials and Court Officials held on October 23, 2014, at the City Tourism Hall, City Hall, Cagayan de Oro City.
 14
Civil Law
Definition and nature of consignation.
x x x consignation [is] the act of depositing the thing due with
the court or judicial authorities whenever the creditor cannot
accept or refuses to accept payment, and it generally requires
a prior tender of payment. It should be distinguished from
tender of payment which is the manifestation by the debtor
to the creditor of his desire to comply with his obligation,
with the offer of immediate performance. Tender is the
antecedent of consignation, that is, an act preparatory to the
consignation, which is the principal, and from which are derived
the immediate consequences which the debtor desires or seeks
to obtain. Tender of payment may be extrajudicial, while
consignation is necessarily judicial, and the priority of the first is
the attempt to make a private settlement before proceeding to
the solemnities of consignation. Tender and consignation, where
validly made, produces the effect of payment and extinguishes
the obligation.
Peralta, J., Elizabeth Del Carmen v. Spouses Restituto Sabordo and Mima
Mahilum-Sabordo, G.R. No. 181723, August 11, 2014.
Right of a buyer in a foreclosure sale.
The buyer in a foreclosure sale becomes the absolute owner of
the property purchased if it is not redeemed during the period
of one year after the registration of the sale. As such, he is
entitled to the possession of the said property and can demand
it at any time following the consolidation of ownership in his
name and the issuance to him of a new transfer certificate of
title. The buyer can in fact demand possession of the land even
during the redemption period except that he has to post a bond
in accordance with Section 7 of Act No. 3135, as amended. No
such bond is required after the redemption period if the property
is not redeemed. Possession of the land then becomes an absolute
right of the purchaser as confirmed owner. Upon proper
application and proof of title, the issuance of the writ of
possession becomes a ministerial duty of the court.
Peralta, J., Fe H. Okabe v. Ernesto A. Saturnino, G.R. No. 196040, August 26,
2014.
OCTOBER - DECEMBER 2014
Competition, when is it considered unfair; its
characteristics.
In order to qualify the competition as unfair, it must have two
characteristics: (1) it must involve an injury to a competitor or
trade rival, and (2) it must involve acts which are characterized
as contrary to good conscience, or shocking to judicial
sensibilities, or otherwise unlawful; in the language of our law,
these include force, intimidation, deceit, machination or any
other unjust, oppressive or high-handed method. The public injury
or interest is a minor factor; the essence of the matter appears
to be a private wrong perpetrated by unconscionable means.
Here, both characteristics are present.
First, both parties are competitors or trade rivals, both being
engaged in the manufacture of plastic-made automotive parts.
Second, the acts of the petitioner were clearly contrary to
good conscience as petitioner admitted having employed
respondents former employees, deliberately copied
respondents products and even went to the extent of selling
these products to respondents customers.
To bolster this point, the CA correctly pointed out that
petitioners hiring of the former employees of respondent and
petitioners act of copying the subject plastic parts of respondent
were tantamount to unfair competition.
Peralta, J., Willaware Products Corporation v. Jesichris Manufacturing
Corporation, G.R. No. 195549, September 3, 2014.
Land Registration Law
Land Registration Law.
Under Section 6, Rule 39 of the Rules of Court, a final and
executory judgment may be executed by the prevailing party as
a matter of right by mere motion within five years from the
entry of judgment, failing which the judgment is reduced to a
mere right of action which must be enforced by the institution
of a complaint in a regular court within 10 years from finality of
the judgment.
It appears that no motion or action to revive judgment was
ever filed by the respondents the prevailing party in Civil Case
No. 15357, to execute and enforce the August 8, 1978 decision.
The title to the subject property, therefore, remained registered
under the petitioners name. As the petitioner argued, his title
had already become incontrovertible since the Torrens system
of land registration provides for the indefeasibility of the decree
of registration and the certificate of title issued upon the
expiration of one year from the date of entry of the registration
decree.

VOLUME XVI ISSUE NO. 64
We cannot, however, allow the petitioner to maintain his
title and benefit from the fruit of his and his predecessors
fraudulent acts at the expense of the respondents who are the
rightful owners of the subject property. The Torrens system of
registration cannot be used to protect a usurper from the
true owner, nor can it be used as a shield for the commission
of fraud, or to permit one to enrich oneself at the expense of
others.
Notwithstanding the indefeasibility of the Torrens title, the
registered owner can still be compelled under the law to
reconvey the property registered to the rightful owner under
the principle that the property registered is deemed to be held
in trust for the real owner by the person in whose name it is
registered. The party seeking to recover title to property
wrongfully registered in another persons name must file an
action for reconveyance within the allowed period of time.
An action for reconveyance based on an implied or
constructive trust prescribes in 10 years from the issuance of
the Torrens title over the property. There is, however, an
exception to this rule where the filing of such action does not
prescribe, i.e. when the plaintiff is in possession of the subject
property, the action, being in effect that of quieting of title
to the property, does not prescribe.
In the present case, the respondents, who are the plaintiffs
in Civil Case No. 18421 (the action for annulment and cancellation
of title filed in 2013), have always been in possession of the
subject property. Worth noting are the CAs findings on this
respect:
x x x Of course, the defendant-appellant (petitioner
herein) has a certificate of title in his favor. But it cannot
be denied that he has never been in possession of the
subject property. Neither did he exercise acts of
ownership over the said land since the time he allegedly
purchased it from his father in 1977. Similarly, the
defendant-appellant was not able to show that his
predecessor-in-interest, Jose Campit, claimed
ownership or was ever in possession of the said land.
The defendant-appellant has admitted that he has paid
realty tax covering the subject land only once when he
applied for the issuance of title in his favor.
xxxx
On the other hand, the continuous possession of the
subject premises by the plaintiffs-appellees has not been
denied or disputed by the defendants-appellants (sic).
The possession in the concept of an owner by the
plaintiffs-appellees has also been confirmed by witness
Charlie Martin. (Emphasis ours)
Considering that the action for annulment and cancellation
of title filed by the respondents is substantially in the nature of
an action for reconveyance based on an implied or constructive
15
trust, combined with the fact that the respondents have always
been in possession of the subject property, we shall treat Civil
Case No. 18421 as an action to quiet title, the filing of which
does not prescribe. Thus, we find the respondents filing of Civil
Case No. 18421 to be proper and not barred by the time
limitations set forth under the Rules of Court in enforcing or
executing a final and executory judgment.
Brion, J., Juanario G. Campit v. Isidra B. Gripa, Pedro Bardiaga, and Severino
Bardiaga, represented by his son Rolando Bardiaga, G.R. No. 195443,
September 17, 2014.
Commercial Law
Doctrine of piercing the veil of corporate fiction.
The doctrine of piercing the corporate veil applies only in three
basic instances, namely: a) when the separate and distinct
corporate personality defeats public convenience, as when the
corporate fiction is used as a vehicle for the evasion of an existing
obligation; b) in fraud cases, or when the corporate entity is
used to justify a wrong, protect a fraud, or defend a crime; or c)
is used in alter ego cases, i.e., where a corporation is
essentially a farce, since it is a mere alter ego or business
conduit of a person, or where the corporation is so organized
and controlled and its affairs so conducted as to make it
merely an instrumentality, agency, conduit or adjunct of
another corporation.
Piercing the corporate veil based on the alter ego theory
requires the concurrence of three elements, namely:
1. Control, not mere majority or complete stock control,
but complete domination, not only of finances but of
policy and business practice in respect to the transaction
attacked so that the corporate entity as to this
transaction had at the time no separate mind, will or
existence of its own;
2. Such control must have been used by the defendant to
commit fraud or wrong, to perpetuate the violation of
a statutory or other positive legal duty, or dishonest
and unjust act in contravention of plaintiffs legal right;
and
3. The aforesaid control and breach of duty must have
proximately caused the injury or unjust loss complained
of.
The absence of any of these elements prevents piercing the
corporate veil.
In the present case, the attendant circumstances do not
establish that WPM is a mere alter ego of Manlapaz.
Brion, J., WPM International Trading, Inc. and Warlito P. Manlapaz v. Fe Corazon
Labayen, G.R. No. 182770, September 17, 2014.
 16
OCTOBER - DECEMBER 2014

Criminal Law
order of arrest or may order the bond for his appearance to be
forfeited and confiscated, or both. (Underscoring supplied)
Estafa, elements of syndicated estafa.
Jurisprudence dictates that the primary requisite before a
Under Section 1 of PD No. 1689, there is syndicated estafa if the bench warrant shall be issued is that the absent-party was duly
following elements are present: 1) estafa or other forms of informed of the hearing date but unjustifiably failed to attend
swindling as defined in Articles 315 and 316 of the RPC was so. As stated above, complainant was undeniably notified of
committed; 2) the estafa or swindling was committed by a the June 8, 2011 hearing but she failed to attend.
syndicate of five or more persons; and 3) the fraud resulted in
Mendoza, J., Esther P. Magleo v. Presiding Judge Rowena De Juan-Quinagoran
the misappropriation of moneys contributed by stockholders, or and Branch Clerk of Court Atty. Adonis Laure, Both of Branch 166, Regional
members of rural banks, cooperatives, samahang nayon[s], Trial Court, Pasig City, A.M. No. RTJ-12-2336 (formerly A.M. OCA-IPI No. 11-
or farmers associations or of funds solicited by corporations/ 3695-RTJ), November 12, 2014.
associations from the general public.
The factual circumstances of the present case show that Demurrer to Evidence.
the first and second elements of syndicated estafa are present;
there is probable cause for violation of Article 315(2)(a) of the An order granting an accuseds demurrer to evidence is a
RPC against the petitioners. Moreover, in Dys supplemental resolution of the case on the merits, and it amounts to an
complaint-affidavit, he alleged that the fraud perpetrated acquittal. Generally, any further prosecution of the accused
against him was committed, not only by Ngo and the petitioners, after an acquittal would violate the constitutional proscription
but also by the other officers and directors of State Resources. on double jeopardy. To this general rule, however, the Court
The number of the accused who allegedly participated in has previously made some exceptions.
defrauding Dy exceeded five, thus satisfying the requirement
People v. Tan eruditely instructs that double jeopardy will
for the existence of a syndicate.
not attach when the trial court acted with grave abuse of
However, the third element of the crime is patently lacking. discretion amounting to lack or excess of jurisdiction, such as
The funds fraudulently solicited by the corporation must come where the prosecution was denied the opportunity to present
from the general public. In the present case, no evidence was its case or where the trial was a sham. In addition, in People v.
presented to show that aside from Dy, the petitioners, through Bocar, the Court ruled that there is no double jeopardy when
State Resources, also sought investments from other people. the prosecution was not allowed to complete its presentation
Dy had no co-complainants alleging that they were also deceived of evidence by the trial court.
to entrust their money to State Resources. The general public
The circumstances obtaining in this controversy placed it
element was not complied with. Thus, no syndicated estafa
within the realm of the exception.
allegedly took place, only simple estafa by means of deceit.
Brion, J., Ma. Gracia Hao and Danny Hao v. People of the Philippines, G.R. No.
The records demonstrate that the prosecution, with
183345, September 17, 2014. respondent O ilink International Corporation as private
complainant, had not yet rested its case when the Demurrer to
Evidence was filed and eventually granted by the RTC Branch
161.
Remedial Law xxxx
The RTC Branch 161 should have ruled on the prosecutions
Bench warrant defined. Formal Offer of Evidence before acting on petitioners Demurrer
to Evidence. Having failed to do so, there is nary a doubt that no
A bench warrant is defined as a writ issued directly by a judge to a double jeopardy attached. Petitioners blind insistence that she
law-enforcement officer, especially for the arrest of a person who is made to face trial after having been acquitted carries no
has been held in contempt, has disobeyed a subpoena, or has to conviction.
appear for a hearing or trial. The provision on bench warrant is
expressed under Section 9, Rule 71 of the Rules of Court which Mendoza, J., Esther P. Magleo v. Presiding Judge Rowena De Juan-Quinagoran
and Branch Clerk of Court Atty. Adonis Laure, Both of Branch 166, Regional
states that [w]hen a respondent released on bail fails to appear Trial Court, Pasig City, A.M. No. RTJ-12-2336 (formerly A.M. OCA-IPI No. 11-
on the day fixed for the hearing, the court may issue another 3695-RTJ), November 12, 2014.

VOLUME XVI ISSUE NO. 64
Alternative Dispute Resolution
Arbitration
The policy in favor of arbitration has been affirmed in our Civil
Code, which was approved as early as 1949. It was later
institutionalized by the approval of Republic Act No. 876, which
expressly authorized, made valid, enforceable, and irrevocable
parties decision to submit their controversies, including
incidental issues, to arbitration. The Court recognized this policy
in Eastboard Navigation, Ltd. v. Ysmael and Company, Inc.:
As a corollary to the question regarding the existence
of an arbitration agreement, defendant raises the issue
that, even if it be granted that it agreed to submit its
dispute with plaintiff to arbitration, said agreement is
void and without effect for it amounts to removing said
dispute from the jurisdiction of the courts in which the
parties are domiciled or where the dispute occurred. It
is true that there are authorities which hold that a
clause in a contract providing that all matters in dispute
between the parties shall be referred to arbitrators and
to them alone, is contrary to public policy and cannot
oust the courts of jurisdiction (Manila Electric Co. v.
Pasay Transportation Co., 57 Phil., 600, 603), however,
there are authorities which favor the more intelligent
view that arbitration, as an inexpensive, speedy and
amicable method of settling disputes, and as a means of
avoiding litigation, should receive every encouragement
from the courts which may be extended without
contravening sound public policy or settled law (3 Am.
Jur., p. 835). Congress has officially adopted the modern
view when it reproduced in the new Civil Code the
provisions of the old Code on Arbitration. And only
recently it approved Republic Act No. 876 expressly
authorizing arbitration of future disputes. (Emphasis
supplied)
In view of our policy to adopt arbitration as a manner of
settling disputes, arbitration clauses are liberally construed to
favor arbitration. Thus, in LM Power Engineering Corporation
v. Capitol Industrial Construction Groups, Inc., this court said:
Being an inexpensive, speedy and amicable method of
settling disputes, arbitrationalong with mediation,
conciliation and negotiationis encouraged by the
Supreme Court. Aside from unclogging judicial dockets,
arbitration also hastens the resolution of disputes,
especially of the commercial kind. It is thus regarded
as the wave of the future in international civil and
commercial disputes. Brushing aside a contractual
agreement calling for arbitration between the parties
would be a step backward.
17
Consistent with the above mentioned policy of
encouraging alternative dispute resolution methods,
courts should liberally construe arbitration clauses.
Provided such clause is susceptible of an interpretation
that covers the asserted dispute, an order to arbitrate
should be granted. Any doubt should be resolved in
favor of arbitration. (Emphasis supplied)
A more clear-cut statement of the state policy to encourage
arbitration and to favor interpretations that would render
effective an arbitration clause was later expressed in Republic
Act No. 9285:
SEC. 2. Declaration of Policy. It is hereby declared the
policy of the State to actively promote party autonomy
in the resolution of disputes or the freedom of the party
to make their own arrangements to resolve their
disputes. Towards this end, the State shall encourage
and actively promote the use of Alternative Dispute
Resolution (ADR) as an important means to achieve
speedy and impartial justice and declog court dockets.
As such, the State shall provide means for the use of
ADR as an efficient tool and an alternative procedure
for the resolution of appropriate cases. Likewise, the
State shall enlist active private sector participation in
the settlement of disputes through ADR. This Act shall
be without prejudice to the adoption by the Supreme
Court of any ADR system, such as mediation,
conciliation, arbitration, or any combination thereof
as a means of achieving speedy and efficient means of
resolving cases pending before all courts in the
Philippines which shall be governed by such rules as
the Supreme Court may approve from time to time.
xxxx
SEC. 25. Interpretation of the Act. In interpreting the
Act, the court shall have due regard to the policy of the
law in favor of arbitration. Where action is commenced
by or against multiple parties, one or more of whom are
parties who are bound by the arbitration agreement
although the civil action may continue as to those who
are not bound by such arbitration agreement. (Emphasis
supplied)
Thus, if there is an interpretation that would render effective
an arbitration clause for purposes of avoiding litigation and
expediting resolution of the dispute, that interpretation shall
be adopted.
Leonen, J., Gerardo Lanuza, Jr. and Antonio O. Olbes v. BF Corporation, Shangri-
la Properties, Inc., Alfredo C. Ramos, Rufo B. Colayco, Maximo G. Licauco III,
and Benjamin C. Ramos, G.R. No. 174938, October 1, 2014.
 18
OCA Circular No. 128-2014
TO: ALL JUDGES AND CLERKS OF COURT OF THE FIRST AND
SECOND LEVEL COURTS
SUBJECT: REITERATION OF OCA CIRCULAR NO. 33-2003 DATED
APRIL 8, 2003 (RE: COMPLIANCE WITH MEMORANDUM
CIRCULAR NO. 2 DATED MAY 26, 1980 [RE: SUBMISSION TO
THE NBI OF REPORT ON DECISIONS IN CRIMINAL CASES,
PURSUANT TO RA NO. 157, IN RELATION TO CIRCULAR NOS.
37 AND 42, DATED OCTOBER 7, 1953 AND MAY 15, 1969,
RESPECTIVELY, OF THE DEPARTMENT OF JUSTICE, AND
MEMORANDUM CIRCULAR NO. 1 DATED FEBRUARY 13, 1978
OF THIS COURT])
Acting on the August 19, 2014 letter of Atty. Virgilio L. Mendez,
Director, National Bureau of Investigation (NBI), requesting the
reiteration of issuances relative to the requirement of furnishing
the NBI with copies of decisions in all criminal cases, it appearing
that there are some trial court judges who do not comply with
the directives of the said issuances, all judges and clerks of court
of the first and second level courts, in furnishing copies of
decisions in all criminal cases rendered by their respective
courts, are hereby REMINDED to strictly comply with the
directives set forth in OCA Circular No. 33-2003, quoted
hereunder, as follows:
OCA Circular No. 33-2003
TO: ALL JUDGES AND CLERKS OF COURT OF THE FIRST
AND SECOND LEVEL COURTS
SUBJECT: COMPLIANCE WITH MEMORANDUM CIRCULAR
NO. 2 DATED MAY 26, 1980
This Office has received a report from the National
Bureau of Investigation that most courts are not
complying with Memorandum Circular No. 2 dated May
6, 1980 [sic], directing all courts in the first and second
levels that in their reports on decisions rendered in
criminal cases to the National Bureau of Investigation
the following shall be stated:
(1) full name of the accused and/or convicted or
acquitted persons including maternal
surname;
(2) date of birth;
OCTOBER - DECEMBER 2014
(3) place of birth;
(4) address; and
(5) all other pertinent descriptions and
information which will identify said
persons.
The above directive is hereby reiterated and
the said report shall be submitted to the National
Bureau of Investigation within 10 days from
promulgation of the decision (emphasis supplied).
Strict compliance is hereby enjoined.
April 8, 2003.
(Sgd.) PRESBITERO J. VELASCO, JR.
Court Administrator
September 30, 2014.
(Sgd.) JOSE MIDAS P. MARQUEZ
Court Administrator
OCA Circular No. 134-2014
TO: ALL JUDGES, CLERKS OF COURT, BRANCH CLERKS OF
COURT, AND OFFICERS IN CHARGE OF THE FIRST AND SECOND
LEVEL COURTS
SUBJECT: SUBMISSION OF PROJECT PROCUREMENT
MANAGEMENT PLAN (PPMP) FOR YEAR 2016
All Clerks of Court, Branch Clerks of Court, and Officers in Charge
of the first and second level courts are hereby DIRECTED to
complete and submit the attached Project Procurement
Management Plan (PPMP) Form for the allocation of your
supplies for 2016 which is also available for download at
oca.judiciary.gov.ph. This process is being undertaken to ensure
that a sufficient quantity of supplies/equipment is allocated for
each court. Indicate therein the quantity requirement and
current stock position of the office supplies listed in the form
as this shall be part of the basis in the distribution of your supplies.
For item/s not needed by your office/court, please leave them
blank. On the other hand, for item/s needed but are not found
in the list, please attach a separate list thereof. In case your
court needs necessary repairs, renovations, repainting and the
like, please also indicate these in your PPMP Form, or in a separate
sheet.
The PPMP Form shall be accomplished immediately and
thereafter forwarded for review to the Presiding Judge (or the
Executive Judge for the Office of the Clerk of Court).

VOLUME XVI ISSUE NO. 64
The completed PPMP Form shall then be submitted to the
Property Division, Office of the Administrative Services, Office
of the Court Administrator, on or before November 15, 2014.
It may be transmitted via regular mail, door to door courier
services or through the following electronic mail address: i)
OCAProperty@sc.judiciary.gov.ph or ii) tblibed@sc.judiciary.gov.ph. This
is to facilitate the immediate submission of the consolidated
lower court office supplies requirement and/or necessary repairs
and renovations needed to the Procurement Planning
Committee (PPC) and ultimately to the Bids and Awards
Committee for Goods and Services and Office of the Halls of
Justice, respectively, and thus avoid delay in the delivery thereof
to your respective courts.
Failure to submit the duly accomplished forms within the
deadline would mean that no delivery shall be made to your
court as it is presumed that you have adequate stocks/supplies
for the fiscal year 2016. Likewise, if no request for repairs and
renovations is listed, it is presumed that your court is in good
condition.
For strict compliance.
October 28, 2014.
(Sgd.) JOSE MIDAS P. MARQUEZ
Court Administrator
OCA Circular No. 136-2014
TO : ALL JUDGES AND CLERKS OF COURT OF THE FIRST AND
THE SECOND LEVEL COURTS UNDER THE HUSTISYEAH! CASE
DECONGESTION PROJECT
SUBJECT: CASE DECONGESTION STATUS AND MONTHLY
REPORTS
WHEREAS, in a Resolution dated April 16, 2013 in A.M. No.
13-04-11-SC, the Court en banc approved the full roll out of the
Hustisyeah!, a case decongestion project in selected courts to
be implemented by the Office of the Court Administrator (OCA)
and The Asia Foundation (TAF);
WHEREAS, to fully implement Hustisyeah!, the OCA and
TAF formed inventory teams led by judicial supervisors and
deployed them to the participating courts;
WHEREAS, after an inventory in a particular court, the
judicial supervisor is tasked to prepare the Initial Inventory
Report and, together with the presiding judge, submit the Case
Decongestion Plan (CDP), which shall thereafter be implemented;
19
WHEREAS, TAF has been tasked to consolidate the results
of Hustisyeah!;
NOW, THEREFORE, to assist TAF in monitoring the
implementation of Hustisyeah!, all judges and clerks of court of
the first and the second level courts under the Hustisyeah! case
decongestion project are hereby required to:
1. Continuously monitor the status of cases listed in the
CDPs;
2. Accomplish the attached status report form* and submit
to TAF at the end of the third and sixth month after the
signing of the CDP and thereafter every end of January
and end of July; and
3. Provide TAP electronic or hard copy of the courts
Monthly Reports from the starting month of the
inventory to the last month of implementation of the
CDP.
For strict compliance.
November 5, 2014.
(Sgd.) JOSE MIDAS P. MARQUEZ
Court Administrator
OCA Circular No. 143-2014
TO: ALL CLERKS OF COURT, OFFICERS IN CHARGE, LIBRARIANS
AND ACCOUNTABLE OFFICERS OF THE REGIONAL TRIAL
COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL
COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL
CIRCUIT TRIAL COURTS, SHARIA DISTRICT COURTS, SHARIA
CIRCUIT COURTS AND MAINTENANCE OFFICES OF THE HALLS
OF JUSTICE
SUBJECT: DELIVERY OF SUPPLIES, FURNITURE, EQUIPMENT,
LIBRARY MATERIALS, ACCOUNTABLE FORMS AND OTHER
MATERIALS NEEDED BY THE TRIAL COURTS
It has been observed that documents for the delivery of the
above-enumerated items such as: (i) Bills of Lading; (ii) Requisition
and Issue Slips (RIS) for supplies; and (iii) Acknowledgement
Receipts for Equipment (AREs), are being disregarded and
ignored by some Clerks of Court/Officers in Charge, as some
documents submitted to this Office by the freight forwarder
* Available for download at http://philja.judiciary.gov.ph
 20
Circulars
OCA Circular No. 143-2014 (continued)
after the completion of delivery have not been signed by a
representative of the court, while some were signed by person/s
who are not even court employees.
All Clerks of Court, Officers in Charge, Librarians and
Accountable Officers are hereby directed to ensure the following:
i) All documents pertaining to the delivery of the above
mentioned items to your respective court/offices must
be duly signed. The complete name and position of the
person who signed the documents must be legibly
written and the date of receipt must also be indicated;
and
ii) In the absence of the Clerk of Court or Officer in Charge,
the signing of documents is the responsibility of the
next in rank employee of the recipient court.
For strict compliance.
November 13, 2014.
(Sgd.) JOSE MIDAS P. MARQUEZ
Court Administrator
OCA Circular No. 144-2014
TO: ALL JUDGES OF THE FAMILY COURTS
SUBJECT: CLARIFICATORY ISSUANCE RELATIVE TO OCA
CIRCULAR NO. 10-2014 DATED JANUARY 20, 2014 (RE:
REQUIREMENT OF THE LAW ON ADOPTION CASES)
In her October 7, 2014 letter, Secretary Corazon Juliano-Soliman
of the Department of Social Welfare and Development (DSWD)
recommended the issuance of a clarificatory circular
emphasizing the requirement of the law on adoption cases,
particularly on cases which involve children who are considered
wards of the State, it appearing that some trial court judges fail
to require both a certification that the child is legally available
for adoption pursuant to Republic Act No. 9523; and a Consent
to Adopt issued by the DSWD for children who are considered
wards of the State. Acting on the said letter, all family court
judges are hereby enjoined to STRICTLY OBSERVE the mandate
of Republic Act Nos. 9523 (An Act Requiring the Certification of
the Department of Social Welfare and Development [DSWD] to
Declare a Child Legally Available for Adoption as a Prerequisite
OCTOBER - DECEMBER 2014
for Adoption Proceedings, x x x), 8552 (Domestic Adoption Act
of 1998), and 8043 (Inter-Country Adoption Act of 1995), and
other related laws and issuances when handling adoption cases
before your respective courts, with a REMINDER that particular
attention be given to the following provisions:
Republic Act No. 9523
SEC. 8. Certification. The certification that a child is
legally available for adoption shall be issued by the
DSWD in lieu of a judicial order, thus making the entire
process administrative in nature.
The certification shall be, for all intents and
purposes, the primary evidence that the child is legally
available in a domestic proceeding, as provided in
Republic Act No. 8552, and in an inter-country adoption
proceeding, as provided in Republic Act. No. 8043.
Republic Act No. 8552
SEC. 9. Whose Consent is Necessary to the Adoption.
After being properly counseled and informed of his/her
right to give or withhold his/her approval of the
adoption, the written consent of the following to the
adoption is hereby required:
xxxx
(b) The biological parent(s) of the child if known, or
the legal guardian, or the proper government
instrumentality which has legal custody of the
child; (Emphasis supplied)
For your information and guidance.
November 17, 2014.
(Sgd.) JOSE MIDAS P. MARQUEZ
Court Administrator
OCA Circular No. 148-2014
TO: ALL EXECUTIVE JUDGES AND CLERKS OF COURT OF THE
REGIONAL TRIAL COURTS
SUBJECT: REITERATION OF THE 2004 RULES ON NOTARIAL
PRACTICE (A.M. No. 02-8-13-SC)
It has been observed that despite the clear directive in A.M. No.
02-8-13-SC (2004 Rules on Notarial Practice), many Executive
Judges have not been furnishing the Office of the Court
Administrator copies of the data recorded in the registers of
notaries public.

VOLUME XVI ISSUE NO. 64
Section 12, Rule III, 2004 Rules on Notarial Practice,
provides:
SEC. 12. Register of Notaries Public. The Executive Judge
shall keep and maintain a Register of Notaries Public
in his jurisdiction which shall contain, among others,
the dates of issuance or revocation or suspension of
notarial commissions, and the resignation or death of
notaries public. The Executive Judge shall furnish the
Office of the Court Administrator information and data
recorded in the register of notaries public. The Office of
the Court Administrator shall keep a permanent,
complete and updated database of such record
(Emphasis supplied).
Accordingly, all Executive Judges are hereby REMINDED to
strictly comply with the above quoted provision, submit the
data to the Office of the Court Administrator immediately, and
henceforth twice a year, on or before the 15th day of the months
of February and August.
Strict compliance is hereby enjoined.
November 25, 2014.
(Sgd.) JOSE MIDAS P. MARQUEZ
Court Administrator
OCA Circular No. 156-2014
TO: All PENSIONERS/JUDGES AND SURVIVORSHIP
PENSIONERS
SUBJECT: AUTOMATION OF THE PAYROLL SYSTEM FOR ALL
PENSIONERS/JUDGES AND SURVIVORSHIP PENSIONERS
Pursuant to OCA Circular No. 56-2004 dated April 20, 2004,
pensioners/judges were advised to open an ATM account with
the Land Bank of the Philippines for the implementation of the
Automated Payroll System (APS) for their monthly pensions/
annuities. However, due to the request of some pensioners/
judges, the receipt of their monthly pensions/annuities by
Modified Disbursement Scheme (MDS) checks was retained.
On February 25, 2014, the Department of Budget and
Management issued Circular Letter No. 2013-16 B to promote
the use of the Authority to Debit Account (ADA) as a mode of
disbursement for all National Government Agencies in order to
reduce the volume of outstanding checks, thus, resulting in a
21
more predictable cash outflow in the Bureau of Treasury. The
aforementioned DBM circular letter now restricts the issuance
of MDS checks as payment of claims.
Accordingly, in compliance with the directive of the
abovementioned DBM circular letter, the issuance of MDS
checks as payment of the monthly pensions/annuities shall no
longer be used for ALL pensioners/judges and survivorship
pensioners beginning the Fiscal Year 2015. ALL PENSIONERS/
JUDGES AND SURVIVORSHIP PENSIONERS who are receiving
their monthly pensions/annuities through MDS checks are hereby
required to open an ATM account with any branch of the Land
Bank of the Philippines of their choice and to submit a clear copy
of the same with the Financial Management Office, Office of
the Court Administrator, for inclusion in the ATM payroll of
pensions/annuities, on or before the last day of January 2015.
The monthly pensions/annuities of pensioners/judges and
survivorship pensioners who fail to comply with the
abovementioned directive shall not be released.
Similar to the guidelines in the implementation of the
Automated Payroll System for the lower courts, any inquiry on
individual bank balances shall be effected through enrolment in
the I-Access facility of the Land Bank of the Philippines, or through
the LBP Phone Banking Facility.
For strict compliance.
December 9, 2014.
(Sgd.) JOSE MIDAS P. MARQUEZ
Court Administrator
Memorandum Order No. 26-2014
REORGANIZING THE COMMITTEE ON GENDER
RESPONSIVENESS IN THE JUDICIARY
In view of the retirement, resignation, promotion, and
appointment of some justices, judges, officials, and employees
 22
OCTOBER - DECEMBER 2014

Orders
Memorandum Order No. 26-2014 (continued)
of the judiciary, the Committee on Gender Responsiveness in
the Judiciary, is hereby reorganized as follows:
Chairperson
Hon. Teresita J. Leonardo-De Castro
Vice Chairperson
Hon. Remedios Salazar-Fernando, Court of Appeals
Memorandum Order No. 28-2014
REORGANIZING THE COMMITTEE FOR THE DECONGESTION
OF PROVINCIAL, CITY AND MUNICIPAL JAILS
In the interest of service, the Committee for the Decongestion
of Provincial, City and Municipal Jails is hereby reorganized as
follows:

Members
Hon. Leoncia R. Dimagiba, Court of Appeals
Hon. Teresita V. Diaz-Baldos, Sandiganbayan
Justice Ma. Belen Ringpis-Liban, Court of Tax Appeals
Court Administrator or his representative
President or his representative,
Philippine Judges Association
Chief, Office of Administrative Services
Chief, Fiscal Management and Budget Office
Chief, Office of the Chief Attorney
Prof. Myrna S. Feliciano, Philippine Judicial Academy
Judicial Reform Program Administrator,
Program Management Office
Chief, Public Information Office
Representative, Office of the Chief Justice
Secretary
Atty. Catherina N. Manzano,
Office of the Chairperson
Assistant Secretary
Ms. Ma. Theresa S. Victoriano-Baylon,
Office of the Chairperson
The Chairperson, Co-Chairperson, Members, and
Secretariat of the above Committee, including those who have
rendered service as part of the said Committee prior to the
issuance of this Memorandum Order, shall receive the expense
allowance presently authorized.
This Memorandum Order shall take effect upon its issuance
this 7th day of October 2014.
(Sgd.) MARIA LOURDES P. A. SERENO
Chief Justice
Chairperson, First Division
Chairperson
CA Associate Justice Mario V. Lopez
Vice Chairpersons
CA Associate Justice Elihu A. Ybaez
SC Deputy Court Administrator Raul Bautista Villanueva
Members
Judge Jansen R. Rodriguez (RTC Branch 6, Manila)
Judge Bernelito R. Fernandez (RTC Branch 97, Quezon City)
Judge Patria Manaslastas de Leon
(RTC Branch 206, Muntinlupa City)
Judge Maximo M. De Leon (RTC Branch 143, Makati City)
Judge Emily L. San Gaspar-Gito (RTC Branch 5, Manila)
Judge Rowena Tan (RTC Branch 118, Pasay City)
Judge Phoeve C. Meer (MTC Branch 17, Manila)
OCJ Representative
Atty. Renelie B. Mayuga/Atty. Jilliane Joyce De Dumo
Secretary
Atty. Djonivie Jomare Junasa
Josephine B. Asuzano, Stenographer
Jane M. Hernandez, Stenographer
The Chairperson, V ice Chairpersons, Members, and
Members of the Secretariat of the Committee, including those
who have rendered service as part of the said Committee prior
to the issuance of this Memorandum Order, shall receive the
usual expense allowances.
This Memorandum Order shall take effect upon its issuance
this 16th day of October 2014.
(Sgd.) MARIA LOURDES P. A. SERENO
Chief Justice
Chairperson, First Division

(Sgd.) ANTONIO T. CARPIO (Sgd.) ANTONIO T. CARPIO

Senior Associate Justice Senior Associate Justice
Chairperson, Second Division Chairperson, Second Division

(Sgd.) TERESITA J. LEONARDO-DE CASTRO (Sgd.) ARTURO D. BRION

Associate Justice Associate Justice
(Per S.O. No. 1819 dated October 3, 2014) (Per S.O. No. 1819 dated October 3, 2014)
 23
VOLUME XVI ISSUE NO. 64

Memorandum Order No. 31-2014 First Quarter 2015 Trainings, Programs, and Activities
(continued from page 24)

APPOINTING THE TWO OCA ASSISTANT CHIEFS OF OFFICE

 Pre-Pilot Seminar on Rules 22 and 24 of the Proposed
(OFFICE OF ADMINISTRATIVE SERVICES, OFFICE OF THE COURT
Revised Rules of Civil Procedure
ADMINISTRATOR)
February 1718, Iloilo City
WHEREAS, the two positions of OCA Assistant Chiefs of Office
(Office of Administrative Services, Office of the Court  Refresher/Advanced Course for Mediators in Sorsogon
Administrator) are vacant; the notice of vacancy and the deadline and Camarines Sur
for the filing of the applications for appointment thereto were February 1718, Legazpi City
duly published; and the matrix (showing the applicants present
positions with salary grades, highest educational attainment,  Orientation Seminar-Workshop for Newly Appointed
performance rating, relevant experiences, trainings and Sheriffs and Process Servers (Luzon)
seminars, dates of entrance to the Supreme Court, and dates of February 2426, PTC, Tagaytay City
last promotion) prepared by the Secretariat of the Selection
and Promotion Board for the Supreme Court (SPB-SC) were  Orientation Conference with Stakeholders on
submitted to the Chief Justice; Court-Annexed Mediation
February 26, Calapan City
WHEREAS, evaluations have been made based on the
criteria for the selection of the most qualified applicants.
 Multi-Sectoral Capacity Building on Environmental Laws
NOW, THEREFORE, the undersigned, for and in behalf of and the Rules of Procedure for Environmental Cases
the Supreme Court, by virtue of and pursuant to the power and March 35, PTC, Tagaytay City
authority vested in the revised Resolution in A.M. No. 99-12-08-
SC, do hereby appoint:  Information Dissemination through a Dialogue among
Barangay Officials and Court Officials, with Mobile Court-
1) Atty. Maria Teresa O. Demesa-Razal Annexed Mediation
2) Atty. Raquel M. Ladrillano March 12, Puerto Princesa City
as OCA Assistant Chiefs of Office (Office of Administrative
Services, Office of the Court Administrator).  Seminar on the Rules of Procedure on Financial
Rehabilitation
This appointment shall take effect on the 7th day of March 13, Manila
November 2014.
Issued this 7th day of November 2014.  Orientation Seminar-Workshop for Newly Appointed
Judges
(Sgd.) MARIA LOURDES P. A. SERENO March 1726, PTC, Tagaytay
Chief Justice
Chairperson, First Division  Seminar-Workshop on Various Laws and Rules Relating
to Money Laundering and Other Financial Crimes
(Sgd.) ANTONIO T. CARPIO March 1718, Davao City
Senior Associate Justice
Chairperson, Second Division  Seminar-Workshop on Strengthening Judicial Integrity
and Rule of Law
(Sgd.) PRESBITERO J. VELASCO, JR. March 2627, Legazpi City
Associate Justice
Chairperson, Third Division  Competency Enhancement Training for Judges,
Prosecutors, Social Workers and Law Enforcement
Investigators Handling Trafficking in Persons Cases
March 2527, TBA
 24
3rd Floor, Supreme Court Centennial Building OCTOBER - DAVOID
ECEMBER 2014
PRIVATE OR UNAUTHORIZED USE TO
Padre Faura Street corner Taft Avenue, Manila 1000 PAYMENT OF POSTAGE IS PENALIZED BY FINE
Philippines OR IMPRISONMENT OR BOTH

First Quarter 2015 Trainings, Programs, and Activities

Justice Adolfo S. Azcuna
 Pre-Pilot Seminar on Rules 22 and 24 of  Orientation Conference with Chancellor
the Proposed Revised Rules of Civil Stakeholders on Court-Annexed Professor Sedfrey M. Candelaria
Procedure Mediation Editor in Chief
January 8 9, Cebu City Editorial and Research Staff
ILOCOS NORTE
February 4, Laoag City Atty. Orlando B. Cario
 Seminar-Workshop on Various Laws and Arsenia M. Mendoza
Rules Relating to Money Laundering and ILOCOS SUR Armida M. Salazar
Other Financial Crimes Jocelyn D. Bondoc
February 5, Vigan City Ronald Paz Caraig
January 1314, Bacolod City Joseph Arvin S. Cruz
 Judicial Career Enhancement Program Christine A. Ferrer
 Seminar-Workshop on Procedural, (First level court judges of NCJR) Joanne Narciso-Medina
Substantive Law and Jurisprudence on Charmaine S. Nicolas
BATCH 1 Sarah Jane S. Salazar
Intellectual Property Jeniffer P. Sison
January 2122, Cagayan de Oro City February 46, PTC, Tagaytay City
Circulation and Support Staff
BATCH 2 Romeo A. Arcullo
 Seminar-Workshop on Various Laws and February 2527, PTC, Tagaytay City Judith B. Del Rosario
Rules Relating to Money Laundering and Michael Angelo P. Laude
Other Financial Crimes  Career Enhancement Program for RTC Lope R. Palermo
January 2829, Cebu City Daniel S. Talusig
Clerks of Court (Region VIII)
February 1012, Cebu City Printing Services
 Pre-Pilot Seminar on Rules 22 and 24 of Leticia G. Javier and Staff
the Proposed Revised Rules of Civil  Seminar for EJs, VEJs, Single Sala Court
Procedure Judges (Mindanao)
January 2930, Makati City February 1011, Davao City
The PHILJA Bulletin is published
 Pre-Pilot Seminar on Rules 22 and 24 of  Pre-Pilot Seminar on Rules 22 and 24 of quarterly by the Research,
the Proposed Revised Rules of Civil the Proposed Revised Rules of Civil Publications and Linkages Office
Procedure Procedure of the Philippine Judicial
February 23, Quezon City February 1213, Davao City Academy, with office at the 3 rd
Floor of the Supreme Court
 Pre-Judicature Program  Seminar-Workshop on Procedural, Centennial Building, Padre Faura
February 213, Manila Street corner Taft Avenue, Manila.
Substantive Law and Jurisprudence on
Tel: 552-9524; Fax: 552-9621; E-mail:
Intellectual Property
 Career Development Program for Court (NCJR and Region VI)
research_philja@yahoo.com;
Legal Researchers (Luzon) philja@sc.judiciary.gov.ph; Website:
February 1718, PTC, Tagaytay City http://philja.judiciary.gov.ph
February 45, PTC, Tagaytay City
(Continued on page 23)