SUPREME COURT OF THE PHILIPPINES
ASSOCIATE JUSTICES
HON. RENATO C. CORONA
CHIEF JUSTICE
HON. ANTONIO T. CARPIO
HON. CONCHITA CARPIO MORALES
HON. PRESBITERO J. VELASCO, JR.
HON. ANTONIO EDUARDO B. NACHURA
HON. TERESITA J. LEONARDO-DE CASTRO
HON. ARTURO D. BRION
HON. DIOSDADO M. PERALTA
HON. LUCAS P. BERSAMIN
HON. MARIANO C. DEL CASTILLO
HON. ROBERTO A. ABAD
HON. MARTIN S. VILLARAMA, JR.
HON. JOSE P. PEREZ
HON. JOSE C. MENDOZA
HON. MARIA LOURDES P. A. SERENO
TABLE OF CONTENTS
PHILJA VISION, MISSION, PHILOSOPHY
MESSAGE FROM THE CHANCELLOR
iv
1-2
OUR ORGANIZATION
3
BOARD OF TRUSTEES
4
2010 RESOLUTIONS OF THE BOARD OF TRUSTEES
5
ACADEMIC COUNCIL
6
2010 RESOLUTIONS OF
THE
ACADEMIC COUNCIL
STANDING COMMITTEES
7
8-9
EXECUTIVE OFFICIALS, ACADEMIC AND SUPPORT OFFICES
10-11
OFFICES
12-27
2010 AT A GLANCE
28-29
CORE PROGRAMS
30-33
SPECIAL FOCUS PROGRAMS
34-51
ROUNDTABLE DISCUSSIONS
52-53
CONVENTION-SEMINARS
54-55
ALTERNATIVE DISPUTE RESOLUTION
56
SPECIAL AD HOC COMMITTEE ON ENVIRONMENTAL MEDIATION
57
SPECIAL LECTURES
58-59
RESEARCH AND DEVELOPMENT
60-65
PUBLICATIONS
66-67
INSTITUTIONAL UNDERTAKINGS
68-86
FINANCIAL REPORT
87-95
PHILJA PRAYER
96
PHILJA HYMN
97
VISION
To bring about a Judiciary that is
independent, competent, effective, and
enjoys public trust and confidence.
MISSION
·
To serve the Judiciary;
·
To make available opportunities for the
development of judicial competence;
·
To foster sound values and the formation
of constructive attitudes.
PHILOSOPHY
·
The people are best served when the
Judiciary is independent and its members
are women and men of proven
competence, integrity, probity, and
independence.
·
Judicial education is an indispensable tool
for ensuring an effective, independent and
credible Judiciary.
MESSAGE
It has been an excellent 2010 for PHILJA.
With over 100 regular, special focus, and
development programs meticulously planned
and efficiently conducted this year, it is without
doubt that the Philippine Judicial Academy
remains steadfast to its mandate to serve as a
training school for justices, judges, court
personnel, lawyers, and aspirants to judicial
posts.
Apart from the regular Continuing Legal
Education Programs, Pre-Judicature Programs,
Orientation Seminar-Workshops for Newly
Appointed Judges and Clerks of Courts, and
Seminar-Workshops on CEDAW and Gender
Sensitivity, the Academy also brought forth a
Roundtable Discussion on Court Leadership
which discussed judicial reform and
improvement of judicial administration.
We likewise continued to roll out our special
focus seminars on Speedy Trial and
Disposition of Cases; Small Claims Cases;
Dangerous Drugs Law; Deposit Insurance,
Banking Practices and Bank Conservatorship,
Receivership, and Liquidation; Shari’a vis-à-vis
The Family Code; and Handling Child Abuse
Cases. We also held another National Summit
on Family Courts.
IN PURSUIT OF JUDICIAL EXCELLENCE
1
As 2010 is a national elections year, our seminar on
Election Laws and the Knowledge Sharing on
Adjudication of Disputes in an Automated Election
System were indeed very timely and invaluable for
our Regional Trial Court (RTC) Judges.
The PHILJA Training Center was also finally
inaugurated this year. It was fittingly utilized as the
venue for the conclusion of the Chief Justice
Reynato S. Puno Distinguished Lecture Series.
Other notable topics we addressed this year are the
New Rules on the Protection of the Environment,
Anti-Human Trafficking, Sextortion, and
International Labor Standards in the Judiciary.
Meanwhile, the Metrobank Foundation
Professorial Chair Lecture Series chalked its seventh
this year, with former Supreme Court Associate
Justice Dante Tinga delivering a talk on Corporate
Rehabilitation in the Philippines.
The Personal Security Training for Judges received
such great reviews and media mileage that we
continued the program and expanded it to include
Courtroom Security Training.
During the latter part of the year, I had the privilege
to observe the Schools for Judges in Spain. I thank
the EPJUST and my gracious hosts in Barcelona and
Madrid for the incomparable learning experience.
Mediation was further emphasized this year. Aside
from our usual basic and refresher courses, as well
as the series of Judicial Settlement Conferences for
Judges on Judicial Dispute Resolution, the Academy
held a Seminar-Workshop on the Special Rules of
Court on Alternative Dispute Resolution for the first
time. The very encouraging results guarantee the
continuation of this significant program.
Finally, the year ended with the completion of the
refurbishment of our Manila office. The spanking
new work stations and conference room would
hopefully inspire efficiency, organization, and
harmonious working relations.
Moreover, PHILJA dauntlessly assisted the Philippine
Association of Court Social Workers, Inc., Philippine
Women Judges Association, Judiciary Association
of Clerks of the Philippines, Philippine Association
of Court Employees, Metropolitan and City Judges
Association of the Philippines, Philippine Judges
Association, First Level Clerks of Court Association
of the Philippines, Inc., Court Legal Researchers
Association of the Philippines, Philippine Trial Judges
League, Inc., and Philippine Association of Court
Interpreters in their national convention-seminars.
PHILJA, likewise, skillfully facilitated hundreds of
participants in its conduct of each of the 14
Information Dissemination Seminars for the
Supreme Court’s Enhanced Justice on Wheels
(E-JOW) program this year.
2
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
We thank, of course, all who made these projects,
programs, and activities possible and successful –
our development partners, corps of professors, and
staff. We also thank specially our Board of Trustees
(BOT), headed by the Honorable Chief Justice
Renato C. Corona, and the Supreme Court itself
which has consistently supported all our
endeavors.
Although 2010 may be a tough act to follow, I
further challenge PHILJA to surpass our best and
excel even more in 2011.
OUR ORGANIZATION
IN PURSUIT OF JUDICIAL EXCELLENCE
3
BOARD
OF TRUSTEES
Hon. RENATO C. CORONA
Hon. REYNATO S. PUNO
Chief Justice
Chief Justice
Chair
Chair
Dec 7, 2006 - May 16, 2010
May 17, 2010 onward
Hon. ANTONIO T. CARPIO
Hon. ADOLFO S. AZCUNA
Hon. CONRADO M. VASQUEZ, Jr.
Senior Justice
PHILJA Chancellor
Presiding Justice, Court of Appeals
Vice Chair
Member
Member
(January 1, to February 19, 2010)
Hon. ANDRES B. REYES, Jr.
Hon. EDILBERTO G. SANDOVAL
Hon. ERNESTO D. ACOSTA
Presiding Justice, Court of Appeals
Presiding Justice, SandiganBayan
Presiding Justice, Court of Tax Appeals
Member
Member
Member
(February 20, 2010 onwards)
Hon. JOSE P. PEREZ
Hon. JOSE MIDAS MARQUEZ
Hon. ANTONIO M. EUGENIO, JR.
Court Administrator, Supreme Court
Court Administrator, Supreme Court
President, Philippine Judges Association
Member
Member
Member
Hon. MARIE YVETTE D. DEDEL-GO
Dean PERRY L. PE
Dean RAUL R. VILLANUEVA
Executive Judge, MeTC, Quezon City
Philippine Association of Law Schools
Philippine Association of Law Schools
Member
Member
Member
Hon. JOSE C. VITUG
Resource Person
4
Hon. DELILAH VIDALLON MAGTOLIS
Hon. MARINA L. BUZON
PHILJA Chief of Office for Academic Affairs Office
PHILJA Executive Secretary
Resource Person
Recorder-Secretary
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
The Board of Trustees
(BOT) is the governing
board of the Academy
tasked to formulate and
approve
all
policy
proposals with regard to
the general thrust of the
Academy.
The Chief Justice and the
Senior Associate Justice
are the Chair and V ice
Chair, respectively, of the
PHILJA BOT with the
following members: the
PHILJA Chancellor and six
representatives of the
judicial hierarchy, namely,
the Presiding Justices of
the Court of Appeals,
Sandiganbayan, and Court
of Tax Appeals, the Court
Administrator,
the
President of the Philippine
Judges Association, the
President of the Philippine
Association of Law
Schools, and a Judge of the
First Level Court.
The 2010 Resource
Persons are Justice Jose C.
Vitug, and Justice Delilah
Vidallon-Magtolis. Justice
Marina L. Buzon serves as
the Recorder-Secretary.
2010 RESOLUTIONS OF THE BOARD OF TRUSTEES
IN PURSUIT OF JUDICIAL EXCELLENCE
5
ACADEMIC
COUNCIL
The Academic Council considers and
approves the trainings, programs, and
activities of the Academy and sets
out policies relating to judicial
education.
The Academy has 14 Academic
Departments, each composed of the
Chairperson, a Vice Chair, and three
members who also constitute the
Corps of Professors. All Department
Chairs form the Academic Council,
with the Chancellor as its Presiding
Officer.
Fr. Ranhilio C. Aquino
Jurisprudence and
Legal Philosophy
Chairperson
Associate Dean
Sedfrey M. Candelaria
Special Areas of Concern
Chairperson
6
Dean Pacifico A. Agabin
Constitutional Law
Chairperson
Prof. Ruben F. Balane Justice Magdangal M. De Leon
Civil Law
Remedial Law
Chairperson
Chairperson
Justice Edilberto G. Sandoval Dean Cesar L. Villanueva Dr. Purificacion V. Quisumbing
Criminal Law
Commercial Law
International and
Chairperson
Chairperson
Human Rights Law
Chairperson
Justice Hilarion L. Aquino
Ethics and Judicial Conduct
Chairperson
Court Administrator
Jose Midas P. Marquez
Court Management
Chairperson
Prof. Myrna S. Feliciano
Legal Method
and Research
Chairperson
Justice Jainal D. Rasul
Prof. Emmanuel L. Caparas
Chair Alfredo F. Tadiar
Shari’a and Islamic Jurisprudence Alternative Dispute Resolution
Court Technology
Chairperson
Chairperson
Chairperson
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
2010
RESOLUTIONS
OF THE ACADEMIC COUNCIL
IN PURSUIT OF JUDICIAL EXCELLENCE
7
STANDING COMMITTEES
The PHILJA ManCom
holds bimonthly meetings
to discuss administrative
and financial matters of
the Academy.
Policy
matters taken up are
submitted to the BOT for
its consideration.
MEMBERS
PHILJA Management Committee (ManCom), formerly PHILJA Executive Committee
Its members are Justice Adolfo S. Azcuna, Chancellor; Justice Justo P. Torres,
Jr., Vice Chancellor, Justice Marina L. Buzon, Executive Secretary, Justice
Minerva Gonzaga Reyes, PHILJA Consultant, Justice Oswaldo D. Agcaoili,
PHILJA Professor II; the Chiefs of Offices – Justice Justo P. Torres, Jr., Finance
Office; Justice Delilah Vidallon-Magtolis, Academic Affairs Office; Justice
Marina L. Buzon, (Acting), Philippine Mediation Center Office; Prof. Sedfrey
M. Candelaria, Head, Research, Publications, and Linkages Office; Judge
Thelma A. Ponferrada, Administrative Office; and Mr. Romulo M. Abancio, Jr.,
Acting General Manager of the PHILJA Training Center.
The Office Representatives are Mr. Policarpio G. Felicidario, Jr. (until
September 13, 2010) and Ms. Maria Luisa A. Magno, Finance Office; Atty.
Elmer D. G. Eleria, Administrative Office; Atty. Reynaline G. Tan, Office of the
Chancellor; Atty. Ronaldo M. Garcia, Office of the Vice Chancellor.
The Secretariat is composed of Ms. Ma. Christina M. Molo-Recio, Ms. Eleonor
S. Benbinuto, Mr. Jonathan G. Evangelista, and Mr. Bernie E. Azucena.
The powers and functions
of the Philippine Mediation
Center are vested in the
PMCO–ExeCom.
MEMBERS
Philippine Mediation Center Office Executive Committee (PMCO ExeCom)
Its members are Justice Adolfo S. Azcuna, Chairperson; Ex Officio Members
– Justice Marina L. Buzon, Executive Secretary and Acting Chief of Office for
the Philippine Mediation Center, Court Administrator Jose Midas P. Marquez,
and Judge Selma Alaras; Regular Members – Dean Eduardo D. delos Angeles,
Dean Pacifico A. Agabin, Atty. Linda L. Malenab-Hornilla, Chair Alfredo F.
Tadiar; Resource Persons – Justice Oswaldo D. Agcaoili, PHILJA Consultant,
and the Division Heads of PMCO. The Secretariat is composed of Atty. Rodel
O. Hernandez, and Atty. Jose C. Saluib, Jr.
With the implementation
of Administrative Order
No. 102-2009 on the
organization, powers, and
functions of the PHILJA
Training Center, the PTC
ExeCom was activated
during the 179 th PHILJA
ManCom Meeting in May
2010. The powers and
functions of the PTC are
vested in the PTC ExeCom.
8
MEMBERS
PHILJA Training Center Executive Committee (PTC ExeCom)
Its members are Justice Adolfo S. Azcuna (Chair), Founding Chancellor
Emeritus Justice Ameurfina A. Melencio Herrera (Co-Chair); Ex Officio
Members – Justice Marina L. Buzon, Justice Delilah V idallon-Magtolis;
Members – Prof. Sedfrey M. Candelaria, Engr. Salvador P. Castro, Jr.; Resource
Persons – Judge Thelma A. Ponferrada, PTC Acting General Manager Mr.
Romulo M. Abancio, Jr., and Mr. Policarpio G. Felicidario, Jr. assisted by Ms.
Maria Luisa A. Magno; Representative – Atty. Ria Berbano-Ablan. The
Secretariat is composed of Atty. Elmer DG Eleria and Ms. Micaela J. Hosillos,
Assistance Recorder Secretaries, Ms. Eleonor S, Benbinuto, Support Staff,
Mr. Jonathan G. Evangelista, Technical Staff, and Mr, Bernie E. Azucena, Service
Staff.
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
MEMBERS
The
PPMC
evaluates
qualifications of PHILJA
personnel and oversees their
career advancement. It
screens applicants and
recommends the appointment
of those qualified pursuant
to the Civil Service Law, rules
and regulations, and in strict
observance of merit and
fitness in the selection and
promotion of employees.
It is composed of the Executive Officials and the Chiefs of Office for
Finance, Academic Affairs, RPLO, PMCO, and Administrative Office. The
Employee Representatives are Atty. Eric Voltaire A. Pablo (LawyerEmployee Representative), Atty. David L. Ballesteros (Alternate LawyerEmployee Representative), Ms. Lyra V. Encinares (Employee
Representative, SG 18-25), Ms. Armida M. Salazar (Alternate Employee
Representative, SG 18-25), Mr. Joseph Arvin S. Cruz (Employee
Representative, SG 9-17), Engr. Allan John V. Oriarte (Alternate Employee
Representative, SG 9-17), Mr. Ryan Jay S. Orcullo (Employee
Representative, SG 3-8), and Mr. Gerardo D. Pinca (Alternate Employee
Representative, SG 3-8). The Secretariat is composed of Ms. Lourdes Lolita
S. Pelausa, Secretary, Ms. Mary-Rose C. Segismundo, Assistant Secretary,
and Ms. Julieta L. Herrera, Alternate Assistant Secretary.
MEMBERS
PHILJA Personnel Management Committee (PPMC)
It is composed of Justice Adolfo S. Azcuna (Chair), Justice Delilah VidallonMagtolis (Vice Chair); Members – Justice Marina L. Buzon, Ambassador
Purificacion V. Quisumbing, CA Zenaida N. Elepaño, DCA Nimfa C. Vilches,
Prof. Myrna S. Feliciano, Judge Rosalina Luna Pison, Judge Philip S.
Aguinaldo, Dean Cesar L. V illanueva, Associate Dean Sedfrey M.
Candelaria, Atty. Jose Maria A. Ochave, Atty. Katrina Legarda, and Dr.
Bernadette J. Madrid. Its Recorder-Secretary is Ms. Micaela Javier
Hosillos. The Executive Secretary’s Office provides support, technical,
and service staff.
Research Group
The Research Group conducts
in-depth examination of legal
questions referred to it and
makes recommendations for
judicial reforms to help
ensure a credible, independent,
and effective judiciary.
The
ADR
Grievance
Committee
investigates
complaints filed against
mediators.
MEMBERS
ADR Grievance Committee
The committee is composed of DOJ Undersecretary Linda MalenabHornilla (Chair), and Members – Atty. Ramon F. Dacanay, Mediator, PMC–
Quezon City, and Atty. Polly Dy, Mediator, PMC–Manila Unit. Ms. Joan
Marie C. Tejada, Ms. Joanne Narciso Medina, Ms. Suzette P. Valdez, and
Mr. Lirio F. Balbin compose the Secretariat.
The PDC–PIC oversees all
aspects in the construction of
the PHILJA Training Center and
the continuous monitoring of
the project’s implementation,
including the renovation of the
Annex Training Facility and the
procurement of Furniture,
Fixtures and Equipment.
MEMBERS
PHILJA Development Center–Project Implementation Committee (PDC-PIC)
It is composed of Justice Adolfo S. Azcuna (Chair), Founding Chancellor
Emeritus Justice Ameurfina A. Melencio Herrera (Co-Chair), Justice
Minerva P. Gonzaga Reyes (V ice Chair); Members – Dean Cesar L.
Villanueva, Atty. Edna E. Diño (OCAt), Atty. Corazon F. Flores (FMBO), Mr.
Edilberto A. Davis (PMO); Resource Persons – Engr. Salvador P. Castro, Jr.,
Mrs. Adoracion Yulo, Ms. Maria Luisa A. Magno, Engr. Joan Cabe (OHJ),
Engr. Rodolfo R. Bundoc (OHJ), Architect Arvin M. Natividad (OHJ);
Technical Operations Group – Atty. Eric Voltaire A. Pablo, Engr. Leonel
Urdaneta (PMO), and Engr. Antonio Bayot, Jr. (OAS).
IN PURSUIT OF JUDICIAL EXCELLENCE
9
FOUNDING CHANCELLOR EMERITUS
After 13 years as Chancellor of the Philippine Judicial Academy, Justice Ameurfina
A. Melencio Herrera relinquished her position to then newly retired Supreme Court
Justice Adolfo S. Azcuna who, thereafter, assumed office as PHILJA’s second
Chancellor on June 1, 2009.
Prior to Justice Herrera’s retirement from PHILJA, the Supreme Court en banc
conferred upon her the title Founding Chancellor Emeritus, through its Resolution in
A.M. No. 09-2-17-SC dated February 24, 2009.
Justice Herrera continues to take part in PHILJA activities, particularly as Co-Chair of the PHILJA Development
Center–Project Implementation Committee (PDC-PIC) that takes charge of the construction and equipping
of the PHILJA Training Center in Tagaytay City, and likewise as Co-Chair of the PHILJA Training Center Executive
Committee (PTC ExeCom) that oversees the operations of the PTC.
EXECUTIVE
OFFICIALS
The Academy performs its
mandate through the leadership,
supervision and management of its
three Executive Officials: the
Chancellor Justice Adolfo S.
Azcuna (center), the V ice
Chancellor Justice Justo P. Torres,
Jr. (left) and the Executive Secretary
Justice Marina L. Buzon (right).
10
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
OFFICES
IN PURSUIT OF JUDICIAL EXCELLENCE
11
Justice Adolfo S. Azcuna, Chancellor (first row, center), Left to right:
First row – Atty. Ria Corazon H. Berbano-Ablan, Ms. Ma. Beatriz A.
Azcuna; Second row – Mr. Reynaldo M. Nicor, Ms. Luningning R. Marin,
Ms. Guinevere D. Zuñiga, Ms. Marilen B. Ramos, Ms. Perla D.
Villanueva, Ms. Dulce R. Rovedillo, Ms. Soledad G. Rozon, Mr. Leopoldo
B. Deloria; Third row – Mr. Rolando O. Banquil, Mr. Wilfredo L. Ladores,
and Mr. Joseph Nimo; Not in picture – Atty. Reynaline G. Tan-Francisco.
As the bridge is to a ship, so is the Office
of the Chancellor to the Philippine Judicial
Academy (PHILJA) with the Chancellor
Justice Adolfo S. Azcuna performing the
role of Captain. The PHILJA Chancellor
directs and coordinates the functions and
activities of the PHILJA Professors,
Academic Council, Corps of Professorial
Lecturers, and Offices of the Academy to
ensure the successful implementation of
PHILJA programs; plans, develops and
implements, with the approval of the
Board of Trustees, a continuing program
of judicial education for justices, judges,
court personnel and lawyers; formulates
and recommends to the Board of Trustees
policies for the effective and efficient
administration of the Academy, and
represents the Academy in all transactions
and activities.
Being the “command center,” the Office
of the Chancellor generally directs and
supervises the Academy’s daily activities,
as well as its continuing programs for
judicial education not only for justices and
judges but also for court personnel,
lawyers, and aspirants to judicial posts.
The Office of the Chancellor also
spearheads the formulation of policies for
the effective and efficient administration
of the Academy. The Chancellor then
submits these proposals for consideration
of the PHILJA Board of Trustees (BOT).
The Chancellor and his office likewise
represent the Academy in all its
transactions, activities, meetings, projects,
and conferences both locally and
internationally.
12
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
Justice Adolfo S. Azcuna assumed the position of Chancellor
f the Philippine Judicial Academy on June 1, 2009, after serving
for seven years as an Associate Justice of the Supreme Court.
His previous experience in the academe is serving him in good
stead, as he leads the Academic Council in its continuing
efforts to promote judicial excellence through quality judicial
education.
The year 2010 saw Chancellor Azcuna’s active involvement
in PHILJA activities: at orientation and training programs,
project launches, lectures, seminar-workshops, roundtable
discussions, and similar forums. Whether as a speaker,
resource person or guest, the Chancellor led the Academy’s
officials and staff in their sterling performance in the said
events.
Chancellor Azcuna inculcated his liberal thoughts and realworld ideas in his speeches or remarks. Emphasizing the
important role of a judge in establishing and maintaining a
peaceful and progressive society, he said:
The task of a judge is one of the most difficult and yet also
one of the most satisfying of occupations and professions.
What is a judge and what makes one a judge? In fact, you
can translate it to another question, what is the difference
between a good judge and a great judge? x x x
xxxx
A good judge renders decision according to the law
and according to the fact, but a great judge goes
beyond that. A great judge renders justice and that
is really the sense there. You will not merely be
rendering a decision, you are rendering justice. When
you render justice, you have sabiduria del corazon,
you take into account the human element in the case,
that you are judging not impersonal, intensive,
inanimate beings, but you are judging human beings
in the human context of their real lives.*
* Excerpt from the Welcome Remarks delivered at the 57th Orientation Seminar-Workhop
for Newly Appointed Judges on April 13, 2010, at the Manila Pavillion Hotel, Manila.
IN PURSUIT OF JUDICIAL EXCELLENCE
13
The Vice Chancellor performs the duties and functions of the
Chancellor in the latter’s absence. He assists the Chancellor in
managing and supervising the day-to-day activities of the
Academy, which include administrative and financial matters. He
also assists the Chancellor in the planning, implementation, and
evaluation of PHILJA’s programs, and in the formulation of plans
and policies concerning the organizational structure and
operational procedures of the Academy.
Justice Justo P. Torres, Jr., Vice Chancellor (first row, center), Left to right:
First row – Atty. Rodel O. Hernandez, Atty. Ronaldo M. Garcia; Second row –
Mr. Diodel R. Ametin, Mr. Raymond I. Eisma, Ms. Gina Irene A. Abesamis,
Ms. Joan Marie C. Tejada, Ms. Suzette P. Valdez, Mr. Quirino V. Itliong II;
Third row – Mr. Antonio P. Repiso, Atty. Elmer D.G. Eleria, Mr. Lirio F. Balbin.
“
The PHILJA is committed
to the pursuit of excellence
in judicial education to ensure
the attainment of justice
to all under the rule of law.
”
orres, Jr
– Justice Justo P
P.. T
Torres,
Jr.. –
Vice Chancellor
14
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
The Executive Secretary’s Office serves as the ex officio
Recorder-Secretary of the Board of Trustees and the
Academic Council, and as the custodian of all records of
proceedings. It prepares the agenda for the meetings of the
Board of Trustees, as scheduled by the Chief Justice and the
Academic Council. It prepares Resolutions approved by the
BOT for the consideration and approval of the Court En Banc;
consolidates evaluation reports on PHILJA seminars and
other training activities for submission to the Academic
Council; and coordinates the activities of the various offices
of the Academy performing functions directly related to
PHILJA’s educational programs to ensure efficiency and
effectiveness.
Justice Marina L. Buzon, Executive Secretary (first row, center), Left
to right: First row – Atty. Joicel C. Sopeña, Ms. Micaela J. Hosillos;
Second row – Ms. Gloria M. Gatchalian, Mr. Rolando O. Banquil, Mr.
Jake G. Contreras, Mr. Edward M. Irigayen, Jr., Mr. Rolando G.
Bangayan, and Ms. Michelle P. Rodriguez.
“
An everyday to-do-list is a must
so you won’t miss a task.
”
– Justice Marina L. Buzon –
Executive Secretary
IN PURSUIT OF JUDICIAL EXCELLENCE
15
The Academic Affairs Office performs the core function of the
Academy – to provide and implement a curriculum for judicial
education through programs designed to upgrade the legal
knowledge and capability of Justices, judges, court personnel,
lawyers and aspirants to judicial posts, and to further promote
their moral fitness, probity, and efficiency.
Areas of Responsibility
“
Plans, organizes and implements trainings, seminars and
workshops according to the current development of the
law in order to improve and enhance the knowledge,
skills, and attitudes of judges and court personnel.
·
Recommends as lecturers and resource persons those
with expertise in certain fields of law.
·
Prepares and distributes instructional materials and
educational aids for judges and court personnel.
·
Ensures that training facilities and equipment are
available, operational, and ready for use.
·
Selects training venues conducive to learning and
intellectual interaction.
·
Conducts surveys on training needs of judges and court
personnel to improve their knowledge in specific areas
of law and to enhance their skills for adjudicative or
administrative functions.
·
Monitors and evaluates regularly the profitability and
effectiveness of academic programs.
Divisions
Judicial Education Division
Never underestimate the value
of (judicial) education.
It provides light through an
unknown path.
One can never have too much of it.
”
– Justice Delilah Vidallon-Magtolis –
Chief of Office for Academic Affairs
16
·
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
·
Conceptualizes programs and courses for judges.
·
Recognizes the essential function of judicial education
to the professional needs of individual members of the
Bench and its impact on the judiciary as a whole.
·
Acknowledges that law and jurisprudence are constantly
evolving, creating an ever-changing set of demands on
the judiciary which should immediately be addressed to
maintain a competent and dynamic judiciary.
·
Improves career enhancement programs for judges
through innovative instructional design and teaching
methods.
Court Personnel Education Division
·
Plans, organizes, and implements training programs for
court personnel.
·
Envisions itself as a team of professional legal education
providers which aims to produce, through quality trainings
and seminars, court employees who are exemplars of
competence, integrity, and dedication to the cause of
justice.
·
Updates court personnel with current legal developments
and emerging trends through the conduct of seminars and
training programs, orientation courses for new
appointees, and special focus programs on aspects of the
law, procedure, ethics, and court management.
Program and Monitoring Division
·
Fashions training delivery programs according to the
needs and requirements of the Judicial Education Division
and the Court Personnel Education Division.
·
Evaluates the effectiveness of the training programs.
·
Maintains current and accurate database of the
Academy’s programs.
·
Is the central depository of all data on training programs
and activities.
·
Stores and updates participants’ academic credentials and
records.
Justice Delilah Vidallon-Magtolis, PHILJA Chief of
Office for Academic Affairs (first row, third from left),
Left to right: First row – Atty. Camille Rose D.
Fuentes-Dumlao, Atty. Apple Jane B. Clemente, Atty.
David L. Ballesteros; Second row – Mr. Ruehl A.
Aldea, Ms. Erlinda I. Joya, Ms. Jejen Q. Quilang, Ms.
Jennifer D. Atienza, Mr. Joseph Arvin S. Cruz, Ms.
Nennette G. Zaldivar, Ms. Susan S. Caparros, Mr.
Fontanillo S. Valentin; Third Row – Mr. Romil Q. de
Leon, Mr. Elizalde S. Carmona, Ms. Marita Flora C.
Ayllon, Ms. Rushelle P. Dizon, Ms. Rouschelle G.
Mercado, Engr. Allan John V. Oriarte, Mr. Ismael T.
Origenes; Not in picture – Atty. John Iggy G. Pallera,
Atty. Eric Voltaire A. Pablo, Mr. Mathew R. Fajardo,
Mr. Rodrigo G. Javier, and Mr. Salvador B. Roda.
IN PURSUIT OF JUDICIAL EXCELLENCE
17
The RPLO carries out the Academy’s approved research
undertakings and executes related studies. It takes charge of the
production and distribution of the Academy’s research outputs
and of operations pertaining to all PHILJA publications. It
establishes relationships and collaborative mechanisms to
improve resource generation and mobilization of training
programs including research and development.
The RPLO helps achieve the Academy’s objectives, including the
integration of PHILJA’s philosophy, principles, and instructional
programs in conventions, seminars, and programs of associations
of judges and court personnel.
Functions
·
Formulates plans and policies for the effective
implementation of research and development activities
consistent with PHILJA’s mandate.
·
Produces the Academy’s official publications.
·
Updates the Academy’s website at http: philja.judiciary.gov.ph.
·
Publishes Fax/Electronic Alerts.
·
Maintains library, research, and audio-visual materials and
facilities.
·
Produces judicial journals and legal literature for the benefit
of members of the Judiciary nationwide.
·
Establishes and strengthens linkages with other agencies –
government, non-government, foreign, and multi-sector.
Divisions
“
It’s not a problem;
It’s just a concern.
–
Research and Development Division
”
.
Implements and directs research and development activities
of the Academy.
.
Administers the preservation, enhancement and expansion
Prof. Sedfrey M. Candelaria –
Head of the Research, Publications and Linkages Office
18
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
of the Academy’s library, research, and audio-visual facilities.
Publications Division
.
Produces the Academy’s regular
publications, such as the PHILJA Judicial
Journal and the PHILJA Bulletin.
.
Publishes the Academy’s Annual Report
and
other
approved
special
publications.
.
Formulates policies, guidelines, and
techniques for more efficient and
effective operations.
.
Proposes topics, lectures,
proceedings for publication.
.
Maintains the Academy’s website and
the main digital information board.
.
Coordinates with other Offices of the
Academy relative to their publication
needs.
and
Linkages Division
.
Formulates policies, frameworks, and
approaches for the development of
partnerships with other offices,
agencies,
institutions,
and
organizations, both local and foreign.
.
Facilitates continuing exploration,
design,
implementation,
and
management of mutually beneficial
linkages with other institutions.
.
Monitors the implementation of
programs with linkages.
Professor Sedfrey M. Candelaria, Head of RPLO (first row, center),
Left to right: First row – Atty. Melissa R. Dimson-Bautista, Ms.
Arsenia M. Mendoza; Second row – Ms. Joanne L. Narciso-Medina,
Ms. Charmaine C. Saltivan, Ms. Christine A. Ferrer, Ms. Armida
M. Salazar, Ms. Jeniffer P. Sison, Ms. Sarah Jane S. Salazar, Ms.
Jocelyn D. Bondoc; Third Row – Mr. Lope R. Palermo, Mr. Daniel S.
Talusig, Mr. Romeo A. Arcullo, Mr. Ronald P. Caraig; Not in picture
– Mr. Severo N. Maminta and Mr. Reynaldo M. Nicor.
IN PURSUIT OF JUDICIAL EXCELLENCE
19
The PMCO is responsible for the
expansion,
development,
implementation, monitoring,
and sustainability of Supreme
Court Alternative Dispute
Resolution mechanisms (SC
ADR); namely, Court-Annexed
Mediation (CAM), Appellate
Court Mediation (ACM), Judicial
Dispute Resolution (JDR),
Mobile
Court-Annexed
Mediation (MCAM), CourtAnnexed Arbitration (CAA); and
other ADR mechanisms, as well
as the organization of PMC units
throughout the country as it
may deem necessary.
Functions
Justice Marina L. Buzon, Acting PHILJA Chief of Office, PMCO, with Chancellor
A.S. Azcuna, seated at center; Left to right: First row – Atty. Mark Anthony R.
Polonan, Mr. Jose T. Name, Jr., Atty. Rodel O. Hernandez, Atty. Jose C. Saluib,
Jr.; Second row – Mr. Pelagio A. Libradilla, Jr., Mr. Gerardo D. Pinca, Mr. Seiko
Abe M. Sinahon, Mr. Cloyd D. Garra, Ms. Lyra A. Encinares, Ms. Lizel V. Mercado,
Ms. Janis G. Pondevida, Ms. Angelyn P. Maligaya, Ms. Aireena-Lyza G. Cruz,
Mr. Joselito P. Quines, Mr. Ramil B. Ramirez, Ms. Maria Luisa A. Magno; Third
Row – Mr. Edilberto R. Dimson; Not in picture – Mr. Benjie B. Cajandig, Mr.
Louisito A. Reyes, and Mr. Ramil C. Azurin.
·
Develops and promulgates rules and regulations on ADR, subject to the approval of the Supreme Court,
upon recommendation of the Executive Committee and the PHILJA Board of Trustees.
·
Implements, in coordination with the Office of the Court Administrator, rules and policies of the Supreme
Court on ADR mechanisms.
·
Provides a system for the recruitment, screening, training, and accreditation of Mediators.
·
Provides a grievance mechanism and procedure for addressing complaints against Mediators and PMC
Unit Staff.
·
Monitors and evaluates the performance of Mediators in settling disputes and in observing the Code of
Ethical Standards for Mediators, upgrades their mediation skills, and oversees their further development.
Divisions
Mediation Education, Training and Monitoring Division
20
·
Conducts orientation conferences with stakeholders, seminars, trainings and other activities for the
establishment of PMC units.
·
Recruits, screens, and identifies prospective mediators and PMC Unit Staff in coordination with the
Mediation Resource Management Division.
·
Implements an internship program for prospective mediators, including the identification of mentors.
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
·
Recommends to the PMCO Executive
Committee the accreditation of new mediators
after thorough evaluation of their performance
during the internship period.
·
Monitors and evaluates the performance of
mediators, and recommends their reaccreditation to the PMCO Executive
Committee.
·
Coordinates with executive judges for the
efficient workflow between the lower courts
and the PMC units, as well as determines
offices for the corresponding units.
·
Conducts continuing education programs for
mediators and PMC unit staff.
Mediation Planning and Research Division
·
Undertakes continuing research on SC ADR
Mechanisms towards the improvement of
policies, rules and procedures, institutional
framework, technologies, and service delivery.
·
Carries out continuing review of new or
improved policies, procedures and rules, as well
as the organization and the delivery of SC ADR
mechanisms, and makes recommendations
thereon.
·
Formulates strategic and annual operational
plans of the PMCO, monitors and evaluates its
performance, and recommends measures to
implement strategic plans.
Mediation Resource Management Division
·
Formulates, recommends, and implements the
approved annual operating budget for PMC.
·
Prepares and executes approved allotment and
cash programs, including their disbursement,
accounting, and reporting.
·
Formulates, recommends, and implements
approved personnel management policies,
programs, rules and procedures.
·
Supervises PMC Unit Staff.
·
Prepares regular reports on the activities of
the PMCO, performance of the PMC Unit Staff,
and Mediators.
IN PURSUIT OF JUDICIAL EXCELLENCE
21
The Administrative Office formulates the Academy’s
annual and long-term institutional development plans;
monitors and evaluates its non-academic performance;
plans and manages its human resources, supplies, physical
assets, and other logistical services; and creates,
develops, and maintains its information technology
requirements.
Corporate Planning Division
·
Monitors and evaluates the different institutional
projects of the Academy.
·
Prepares and evaluates institutional project
proposals for consideration of the PHILJA ManCom.
·
Provides the necessary information and data
regarding the Academy’s institutional performance
and flagship projects.
·
Facilitates the preparation of the Annual Report
of the Academy.
Administrative Division
The Administrative Division is responsible for the
planning and management of human resources, supplies,
and physical assets and other logistical services of the
Academy. It has two sections:
“
Human Resource Management Section
Do everything as
humanly possible.
”
– Judge Thelma A. P
onferrada –
Ponferrada
Chief of Office for Administration
22
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
.
Takes charge of personnel administration and
human resources development such as personnel
actions.
.
Facilitates the attendance of PHILJA employees in
trainings and seminars and the conduct of human
resource development sessions/echo seminars.
Property and Supply Section
.
Manages PHILJA properties, equipment and
supplies, including canvass and purchase of
supplies, as required.
Information Systems Division
·
Creates, develops and maintains software
programs and systems pertaining to the
Academy’s information technology.
·
Designs, updates, and maintains PHILJA
websites and other functions pertaining to elearning.
·
Sets up and administers Local Area Network
and other connections within the Academy.
·
Maintains PHILJA computers and other IT
requirements.
Judge Thelma A. Ponferrada, PHILJA Chief of Office for Administration, with Justice Minerva Gonzaga-Reyes, PHILJA
Consultant, seated at center; Left to right: First row – Mr. Romulo M. Abancio, Jr., Atty. Elmer D. G. Eleria; Second row – Mr.
Eusebio M. Glor, Mr. Epifanio B. Padua, Ms. Patricia D. Lunario, Ms. Julieta L. Herrera, Ms. Suzette P. Valdez, Ms. Lourdes
Lolita S. Pelausa, Ms. Ma. Christina M. Molo-Recio, Ms. Marissa P. Mariano, Ms. Ma. Cielito C. Castillo, Ms. Eleonor S.
Benbinuto, Ms. Joan Marie C. Tejada, Ms. Ma. Ina D. Macariola, Mr. Eliseo A. Ege; Third Row – Mr. Archimedes P. Jimenez,
Mr. Severo N. Maminta; Mr. Ryan Jay S. Orcullo, Mr. Joel F. Balatucan, Mr. Jonathan G. Evangelista, Mr. Anacleto C. Torres,
Mr. Bernardo C. Fabro, Mr. Bernie E. Azucena, Mr. Antonio M. Peleño, Mr. Rowel E. Saule, Mr. Rolandino D. Due, Mr. Isidro
T. Austria; Not in picture – Ms. Mary-Rose C. Segismundo and Mr. Ronald Rey B. Lopez.
IN PURSUIT OF JUDICIAL EXCELLENCE
23
The Finance Office is responsible for the
formulation, allocation, administration, and
accounting of the Academy’s budget and sources
of financing and other resources.
Budget Division
Functions
·
Plans the finances of the Academy.
·
Prepares, examines, requests and justifies
the Academy’s budget.
Justice Justo P. Torres, Jr., Acting Head of Office, Finance (first row,
center); Left to right: First row – Ms. Joyce P. Abancio, Ms. Maria
·
Reports budgetary status of trainings and Luisa A. Magno; Second row – Mr. Diodel R. Ametin, Ms. Sherryl E.
Casucian, Ms. Evangi Lee A. Garcia, Ms. Jane Antoinnete D.
seminar accomplishments.
Fernandez, Ms. Aireena-Lyza G. Cruz, Mr. Romeo C. De Leon, Jr.,
·
Plans and develops the basic budgetary Ms. Wenna Joy G. Matriz, Ms. Vanessa B. Espera, Ms. Chris M.
system.
Azurin, and Mr. Gregorio N. Agojo; Not in picture – Ms. Soledad O.
Rozon, Ms. Maria Lourdes B. Dela Cruz, and Mr. Quirino V. Itliong II.
Achievements
·
Establishes budgetary controls.
Responsive solutions for improved quality of service:
·
·
·
Monitoring – Pre-numbering of Letter of Authority (LOA) and Certificate of Availability of Funds
(CAF)
Control – Uniform line budget items
Document tracking – Scanning of approved LOA and Budget Estimates
·
Developed more realistic budget proposals to prospective donor/partner agencies and budget estimates
for regular trainings, programs, and activities (TPAs) in spite of limited data, time, and changes during
budget implementation.
·
Procured requirements for TPAs (hotel venues, plane tickets, car rentals, others) under time pressure.
·
Effectively monitored PHILJA special funds.
Challenges
·
Develop and implement a more effective and efficient budgetary system and control for the Academy.
.
Establish proper delineation of duties and responsibilities in the different divisions of the Finance Office.
Cash Division
Function
·
Takes charge of receipts, and the safekeeping and disbursement of funds.
Achievements
·
24
Improved workflow and reduced backlog in payments processing through installation of the PHILJAFinancial Management Information Systems (PHILJA-FMIS) and the Payroll System for the PHILJA (PJA)
and the Philippine Mediation Center (PMC).
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
·
More efficient daily operations through the
procurement of needed equipment (cash vault, check
writer, scanner).
Challenges
·
Installation of software for the PDCI-FMIS and for the
Cash Position Report for PHILJA Special Funds and PDCI
Funds with the assistance of the SC-MISO.
·
Appointment of additional staff.
·
Provision for security and storage space for cash, checks,
official receipts and other accountable forms and
confidential records.
Accounting Division
Functions
·
Records all financial transactions.
·
Prepares and submits financial reports to proper
authorities and agencies.
Achievements
·
Provided financial reports and information to different
PHILJA offices, to the SC–FMBO, and to the COA.
·
Complied with the Donor ’s/Grantor ’s Financial
Reporting Guidelines of the UNICEF, The Asia
Foundation, and the Philippine Deposit and Insurance
Corp. (PDIC), and return of unspent donation/grant
balances per agreement.
·
Received Low-Risk findings from the Manila Consulting
and Management Co. during the spot check of the
UNICEF Fund Account.
·
Complied with the BIR rules and regulations on
withholding and remittance of withholding taxes and
final Expanded Value-Added Tax (EVAT).
Challenges
·
Strengthen internal controls and procedures especially
in accounting for Cash-in-Bank, Cash-Collecting Officers–
Clerk of Courts, and inventory accounts.
·
Secure adequate storage facility for accounting
documents.
·
Adopt and implement the Electronic New Government
Accounting System (E-NGAS) and computerize PHILJA’s
Revenue Monitoring System (PHILJA’s RMS) in
coordination with the SC-FMBO and the Management
Information Systems Office (MISO).
IN PURSUIT OF JUDICIAL EXCELLENCE
25
The Academy continues its vision of an
independent and credible judiciary through
the PHILJA Training Center, its own training
school for justices, judges, court personnel,
lawyers and aspirants to judicial posts.
History
·
The organization of the PHILJA Training
Center was approved on July 24, 2009,
through Administrative Order No.
102-2009. 1
·
The new PTC facility was inaugurated
in April 2010 with President Gloria
Macapagal Arroyo, Chief Justice
Reynato S. Puno, and the Japanese
Ambassador gracing the event.
Mr. Romulo M. Abancio, Jr., Acting PTC General Manager (first row,
center); Left to right: First row – Mr. Arman C. Maribojo, Mr. Reynaldo
A. Daclan, Ms. Vilma L. Velchez, Ms. Celistina D. Ogao, Mr. Rangelo
M. Saclolo, Mr. Ciriaco M. Martos; Second row – Mr. King F. Cura, Mr.
Rodolfo H. Santiago, Mr. Roland B. Ambion, Mr. Franklin C. Karganilla,
Mr. Bernardino M. Evangelista, Mr. Allan M. Almanza, Mr. Antonio
C. Pedroso, Mr. Julius Ceasar C. Parmis; Third row – Mr. Arnold
Vincent M. Fajardo, Mr. Diego P. De Castro, Mr. Allan M. Vigal, Mr.
Rowel E. Saule, Mr. Randolph A. Barro, Mr. Jay Arnold H. Contreras,
John Paul D. Salas, Mr. Joel F. Balatucan (with Corporate Planning
Office), Mr. Armando A. Marinduque, and Mr. Sanchez D. Lavin.
·
Pending the issuance of its Notice of
Organization,
Staffing
and
Compensation Action (NOSCA) by the
DBM, selected personnel from the
PHILJA Administrative Office and the
PTC’s existing casual personnel
assigned to the PTC.
·
The PHILJA Training Center–Executive Committee (PTC ExeCom) chaired by Chancellor Adolfo S. Azcuna
held its first meeting on July 26, 2010.
·
The PHILJA Training Center is currently preparing its operational requirements, in coordination with the
PHILJA Development Center–Project Implementation Committee, prior to its full operation.
Realizing the Vision
·
·
1
Center for PHILJA Trainings, Programs, and Activities
·
Core Programs
·
Development Programs for Court Personnel
·
Special Focus Programs
Center for SC–ADR Training Programs
·
Court–Annexed Mediation (CAM)
·
Appellate Court Mediation (ACM)
·
Judicial Dispute Resolution (JDR)
Defining the Organization, Powers, and Functions of the Philippine Judicial Academy Training Center, Tagaytay City.
26
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
·
·
·
Activity Center for the Philippine
Judiciary
·
National and Regional
Conventions of Associations in
the Judiciary
·
Strategic and Corporate Planning
Workshops of SC and Appellate
Courts
·
Team Building for SC and
Appellate Courts
Center for Judicial Training in Asia
and in the Pacific
.
International Conferences
.
Conventions and Regional
Meetings
Alternative Venue for Public and
Private Institutions
.
National and Regional seminars,
meetings, and conferences
.
Team Building and Planning
Workshops
Model for Institutional
Development
.
Environment-Responsive
.
Productive and Efficient
Management
.
Financially Sustained Operations
.
Health and Wellness Facility
PTC Workforce
·
24 Personnel
·
5 Permanent Personnel (from
PHILJA Administrative Office)
·
4 Permanent Personnel (from
Security Division, OAS)
·
15 Casual Personnel
IN PURSUIT OF JUDICIAL EXCELLENCE
27
2010
AT A GLANCE
8 January
Turnover of Donations to the Judiciary from the United States Agency for International
Development (USAID) and the American Bar Association–Rule of Law Initiative (ABAROLI) for the Small Claims Project, held at the Judges’ Lounge, Quezon City Hall of Justice.
23 February
Launch of the publication “International Conference on the International Criminal Court,”
a documentation of the proceedings of the two-day conference conducted in partnership
with the Italian Embassy; held at the Session Hall, New Supreme Court Building.
12 March
Celebration of PHILJA’s 14th Founding Anniversary with the theme “In Continuous Pursuit
of Judicial Excellence” attended by members of the judiciary, development partners, and
key personalities in its 14-year history. The activities included a recognition ceremony for
PHILJA employees with excellent performance, a photo exhibit of PHILJA’s progress and
partnerships with people and organizations in the delivery of quality judicial education, and
projections for the future of PHILJA in the 21st century.
14 April
19 April
Experts’ Meeting on the Election Law Training Curriculum for Regional Trial Court (RTC)
Judges held at Hyatt Hotel, Manila, and a Seminar on Election Laws for RTC Judges held at
Marco Polo Plaza, Cebu City, marking PHILJA’s involvement in the initial implementation of
the automated electoral process prior to the national elections, in addition to the previously
held Knowledge Sharing on the Adjudication of Disputes in an Automated Election System.
7 May
Inauguration of the PHILJA Training Center in Tagaytay with distinguished guests President
Gloria Macapagal-Arroyo, Chief Justice Reynato S. Puno, Chancellor Emeritus Ameurfina A.
Melencio-Herrera, Ambassador of Japan Makoto Katsura, former Chief Justice Andres R.
Narvasa, former Chief Justice Artemio V. Panganiban, and Tagaytay City Mayor Abraham
Tolentino, and coincided with the last Chief Justice Reynato S. Puno Distinguished Lecture
Series delivered by Dean Pacifico A. Agabin, Chair of PHILJA’s Constitutional Law Department,
on “The Judicial Philosophy of the Puno Court” at the PTC auditorium.
28
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
16 June
Outreach Program – the first undertaken by PHILJA independent of other SC support – held
at the Imus National High School in Cavite, with PHILJA donating sporting goods, maps and
Atlas, a globe, a high speed sewing machine, and an artesian well, cylinder type.
25 June
Multi-Sectoral Capacity Building Seminar on Environmental Laws and the Rules of
Procedure for Environmental Cases, a pilot for the amplification of Environmental Justice,
held at the Legend Hotel, Puerto Princesa City, Palawan.
29 July
Knowledge Sharing on New Human Rights Issues: International Humanitarian Law, AntiTorture Law, and Human Security Act in relation to Extralegal Killings and Enhanced
Disappearances, substantiating the vibrancy of International Laws; held at the Filipina Heritage
Building, Makati.
20 August
Launch of the publication Metrobank Foundation Professorial Chair Lecture Series (Vol.
1, 2004-2009) aimed to enrich members of the judiciary by the lecturers’ expertise and to
promote competence, excellence, and efficiency in the Philippine justice system.
23 September Focus Group Discussion on the Medium-Term Philippine Development Plan for the
Criminal Justice System held at the Fr. Bernas Center, Ateneo Professional Schools, Makati
City.
8 October
Start of the refurbishment of the PHILJA main office at the Centennial Building to provide
a more conducive workplace for an increasing number of PHILJA employees and increase
efficiency in its expanding operations.
30 November Start of the four-day skills-based Seminar-Workshop on the Special Rules of Court on
Alternative Dispute Resolution held at the Century Park Hotel, Manila; designed to develop
the skills of judges as conciliators, neutral evaluators, and mediators, as part of the 2010
PHILJA Expansion Program.
3 December
Outreach Program held at the Pinget Elementary School in Baguio City, Benguet, where
PHILJA donated audiovisual equipment, school bags and supplies, and a parachute tent to
cover part of the schoolyard.
IN PURSUIT OF JUDICIAL EXCELLENCE
29
CORE PROGRAMS
Administrative Circular No. 99-7-07-SC
“
Every person appointed as a judge
shall, before entering upon the
performance of his judicial functions
and the discharge of his duties and
responsibilities, take and subscribe
an oath of office, and shall,
whenever applicable, undertake an
orientation seminar-workshop and
undergo an immersion program.
”
·
Parallel sessions were included in the 2010 curriculum so that participants could focus on the
substantive and procedural laws being applied only by RTC Judges or by First Level Court Judges.
CORE PROGRAMS
.
.
30
Topics for RTC Judges: Environmental Law Issues and Land Registration
Topics for First Level Court Judges: Bouncing Check Law and Summary Procedure
Judicial Person, which deals with the values, attitude, behavior and proper conduct of judges and
inculcates in them a sense of duty and responsibility in the discharge of their obligation to promptly
administer justice.
Enhancement of Judicial Skills, which deals with the adjudicative and administrative skills of the judges
and develops their research, communication, management, and decision writing skills.
Acquisition of Judicial Knowledge, which provides the judges with a more intense study of substantive
and procedural law from a judicial perspective to further develop their legal proficiency.
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
·
Upon appointment, clerks of court must
undergo a three-and-a-half-day orientation
seminar-workshop to prepare them for
assumption to office and for the efficient
and effective performance of their
administrative and adjudicative support
functions. This program is conducted by the
Academy to meet the professional and career
enhancement needs of the Clerks of Court as
substitutes for the Mandatory Continuing
Legal Education (MCLE) program.
·
Topics included in the orientation program:
.
.
.
.
.
.
Public Service in the Judiciary
Manual for Clerks of Court
Clerks of Court and VAWC Cases (including Handling of Witnesses: Women and Children)
Records and Personnel Management
Court-Annexed Mediation in the Philippines and the Role of the Clerk of Court
Preparation of Monthly Reports and Docket Inventory.
IN PURSUIT OF JUDICIAL EXCELLENCE
31
·
Three Pre-Judicature Programs were held in 2010 for a total of 124 lawyers serving as clerks of
court, court attorneys, prosecutors, public attorneys, local government lawyers, government
agency lawyers, corporate lawyers, and private practitioners.
.
.
.
·
10th time in Manila
1st time in Laoag City
3rd time in General Santos City
Topics discussed:
.
.
.
.
Justice and Social Order: A
Philosophical Reflection on
Law
Recent Developments in
Taxation
Court-Annexed Mediation and
Judicial Dispute Resolution
(JDR) Mechanisms in the
Philippines
Judicial Clinic: Discussion on Problem Areas in Commercial Law Developments in International
Law, International Human Rights Law, and Domestic Enforcement and Implementation.
·
In the beginning, the Pre-Judicature Program was carried out in two phases – each phase conducted
for two weeks. After the fifth Pre-Judicature Program in 2003, the Academic Council decided to
shorten each program to two weeks.
·
The Pre-Judicature Program has been conducted in :
.
.
.
.
.
.
National Capital Judicial Region (10 times in Manila and once in Pasig)
Region 1 (once in Laoag City)
Region 4 (once in Tagaytay City)
Region 7 (twice in Cebu, once in Dumaguete)
Region 10 (once in Cagayan de Oro)
Region 11 (thrice in General Santos City; once in Davao)
PJP: 3-in-1 EDUCATIONAL PACKAGE FOR LAWYERS
32
1.
It qualifies successful graduates for possible nomination by the Judicial and Bar Council (JBC) to judicial
positions.
2.
Under the consortium agreement between the Philippine Judicial Academy and the San Beda College
Graduate School of Law, the completion of the Pre-Judicature Program and favorable endorsement
of the PHILJA Chancellor earn for the PJP graduate 15 units towards the Master of Laws (LL.M.)
degree at the San Beda Graduate School of Law.
3.
It constitutes full compliance with the MCLE requirements under Bar Matter No. 850 for one
compliance period.
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
·
Section 1 of Bar Matter No. 850 provides that “Continuing legal education is required of members of
the Integrated Bar of the Philippines (IBP) to ensure that throughout their career, they keep abreast
with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the
practice of law.”
·
Lawyers who have served as court attorneys for at least two-thirds of the compliance period
(April 2007 to March 2010) and have attended a PHILJA seminar within the said period may already
apply for exemption from the MCLE requirement. Thus, only court attorneys who have not yet
attended any PHILJA seminar were invited to attend the PHILJA CLE programs for 2010 to qualify
them for exemption.
·
Rule 7, Section 1 of Bar Matter No. 850 provides that “The Chief Justice and Associate Justices of
the Supreme Court, incumbent and retired members of the judiciary, incumbent members of the Judicial
and Bar Council, and incumbent court lawyers covered by the Philippine Judicial Academy program of
continuing judicial education” are exempt from the MCLE requirement. By attending a PHILJA seminar,
a court attorney is deemed covered by the PHILJA program for continuing judicial education.
·
Six CLE programs were conducted in 2010 for a total of 431 court lawyers in Manila (3 batches),
Quezon City, Cebu, and Cagayan de Oro.
·
Among the topics discussed were:
. Current Problems in Legal Ethics, and the
Code of Conduct for Judicial Employees
.
Special Penal Laws
.
Provisional Remedies and Special Civil Actions
.
Legal Writing: Analysis, Logic and Style
.
Banking Laws
.
Rule on the Writs of Amparo and Habeas
Data
.
Torts and Damages and Appreciation of
Evidence
IN PURSUIT OF JUDICIAL EXCELLENCE
33
SPECIAL FOCUS PROGRAMS
COMPETENCY ENHANCEMENT TRAINING FOR FAMILY COURT JUDGES AND
COURT PERSONNEL IN HANDLING CHILD ABUSE CASES
·
·
34
CET
FOR
FAMILY COURT JUDGES
AND
PERSONNEL
IN
HANDLING CHILD ABUSE CASES
Partner:
United Nations Children’s Fund (UNICEF)
Objective:
To improve the competencies of judges and personnel of family courts and single
sala courts handling child sexual abuse and commercial sexual exploitation cases.
Participants:
245, composed of judges, prosecutors, public attorneys, clerks of court, social
workers and court interpreters of family courts and single sala courts (4 batches)
Highlights:
Presentation of six video modules as trigger materials
Skills-building activities, such as: group problem-solving with plenary reporting, open
forum, and mock trial with interactive discussion and verdict
TRAINING OF TRAINERS ON THE CET FOR JUDGES AND COURT PERSONNEL HANDLING CHILD ABUSE AND TRAFFICKING
CASES
Objective:
To enhance skills and deepen knowledge of trainers in CET.
Participants:
32
Highlights:
Appreciation of the basic instructional resource
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
·
CET PROGRAM REVIEW
Objective:
To provide a venue for the debriefing of CET trainers/facilitators and secretariat
pending the release of the final results of post-CET evaluation, and to determine
future program direction.
Participants:
36
Highlights:
Evaluation Program
SEMINAR ON SPEEDY TRIAL AND DISPOSITION OF CASES
Partners:
Office of the Court Administrator, United States Agency for International
Development (USAID), American Bar Association-Rule of Law Initiative (ABA-ROLI).
Objective:
To provide the participants with a deeper understanding of the constitutional
provisions of speedy trial in criminal and civil cases and to implement the rules of
procedure in different courts relative to speedy trial and disposition of criminal and
civil cases.
Participants:
265 regional trial court and first level court judges
Training Program: Lecture on Constitutional Provisions, Laws and Rules of Procedure in Different Courts
Relative to Speedy Trial and Disposition of Criminal Cases
Lecture on Constitutional Provisions, Laws and Rules of Procedure in Different Courts
Relative to Speedy Trial and Disposition of Civil Cases
Sharing of Experience: Disposition of Cases
IN PURSUIT OF JUDICIAL EXCELLENCE
35
MULTI-SECTORAL SEMINAR-WORKSHOP ON DANGEROUS DRUGS LAW FOR JUDGES,
PROSECUTORS, AND LAW ENFORCERS
Partner:
Dangerous Drugs Board (DDB)
Objective:
To coordinate and integrate the overall efforts of the criminal justice system
especially in investigating, prosecuting, and trying drug cases.
Participants:
206
Topics Discussed:
Current National Drug Situation: Government Response to the Dangerous Drugs
Problem
Classification of Dangerous Drugs and other Pharmacological Effects
RA No. 9344 (first-time minor offender/suspension of sentence) in relation to Section
66 of RA No. 9165, and salient features of the Rule on Children charged under RA
No. 9165
Treatment and Rehabilitation of Drug Dependents
Inquest and Preliminary Investigation: Determination of Probable Cause in Drugs
Cases
SEMINAR-WORKSHOP ON COMBATING JUDICIAL CORRUPTION AND STRENGTHENING
THE RULE OF LAW
36
Partner:
USAID
Objective:
To demonstrate awareness of the magnitude of judicial corruption, commitment in
promoting integrity, and competence in conducting proper procedures to investigate,
to establish evidence, and to administer a judicial corruption case.
Participants:
42 lawyers from the Office of the Court Administrator and the Judicial and Bar
Council
Topics Discussed:
Judicial Corruption: Major Threat to the Rule of Law and An Independent Judiciary
How to Conduct Background Investigation
Surveillance and Investigative Techniques with Practicum
Available Modes of Discovery and Gathering of Evidence
How to Interview Witnesses and Determination of Required Evidence
Recognizing and Handling Lying Witnesses with Practicum
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
WORKSHOP ON THE RULE OF PROCEDURE FOR SMALL CLAIMS CASES
IN PURSUIT OF JUDICIAL EXCELLENCE
37
Partners:
Office of the Court Administrator, USAID, ABA-ROLI
Objective:
To govern civil claims which are exclusively for the payment or reimbursement of a
sum of money not exceeding P100,000, and to provide a simpler, more inexpensive,
and expeditious means of settling disputes involving purely money claims without
the need of a lawyer.
Participants:
1,621 first level court judges and clerks of court (16 batches)
Topics Discussed:
The Rule of Procedure for Small Claims Cases and
Administrative Guidelines
Conflict Resolution Skills
Forms and Legal Fees
Clerks of Court as Information Officers under the
Rule of Procedure on Small Claims Cases
Monthly Reporting on Small Claims
SEMINAR ON ELECTION LAWS FOR JUDGES OF THE REGIONAL TRIAL COURTS
38
Partners:
USAID, ABA-ROLI, LIBERTAS, International Foundation for Electoral Systems (IFES)
Objective:
To augment the working knowledge of the participants with the Automated Election
Legal Framework, the processes involved in the Precinct Count Optical Scan (PCOS)
and the Automated Election System (AES), the distinction between the spheres of
jurisdiction and competence of courts and the Commission on Elections and the
techniques for the speedy resolution of the cases, including the proper docketing
and reporting of election cases.
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
Participants:
671
Topics Discussed:
Automated Election Legal Framework
PCOS, AES and Simulation of Working Day
Handling Election Contests under the PCOS Automated Election System
Rules on Electronic Evidence
Election Offenses
SEMINAR-WORKSHOP ON THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF
DISCRIMINATION AGAINST WOMEN (CEDAW) AND GENDER SENSITIVITY FOR COURT
OF APPEALS LAWYERS AND EMPLOYEES
Partners:
Court of Appeals, Supreme Court Committee on Gender Responsiveness in the
Judiciary (CGRJ), Court of Appeals Gender and Development (CA-GAD) Focal Point,
Ateneo Human Rights Center
Objective:
To develop awareness of and skill in using gender-fair language and to deepen
understanding of women’s rights under the CEDAW.
Participants:
242, composed of Court of Appeals lawyers and employees in Manila (3 batches),
Cebu, and Cagayan de Oro.
Topics Discussed:
Gender and the Courts
Gender-fair Language
Gender Sensitivity and its Relevance to the Court’s Decisions and Proceedings
Historical Background of Women’s Rights
Sexual Harassment
IN PURSUIT OF JUDICIAL EXCELLENCE
39
ORIENTATION SEMINAR-WORKSHOP ON COMPARATIVE ANALYSIS BETWEEN THE FAMILY
CODE AND THE CODE OF MUSLIM PERSONAL LAWS
Objectives:
To educate the participants on
the Shari’a court system vis-àvis the regular court system
and with the Code of Muslim
Personal Laws, to identify the
problems confronting the
Shari’a court system, and to
propose
solutions
to
strengthen present Shari’a and
Islamic Jurisprudence.
40
Participants:
151, composed of judges, public attorneys, and representatives from the Commission
on Muslim Filipinos, Integrated Bar of the Philippines (IBP), Commission on Human
Rights (CHR), Public Attorney’s Office (PAO), National Bureau of Investigation (NBI),
Armed Forces of the Philippines, Philippine National Police (PNP), Philippine Navy,
and Philippine Coast Guard (3 batches)
Topics Discussed:
The Agama Arbitration Council Proceedings
Right Responses to the Age-Old Problems of Mindanao and Its Autonomous Region
International Humanitarian Law
Comparative Studies of the Family Code of the Philippines and the Muslim Code (PD
No. 1083)
Overview of the Shari’a Court System
Best Unifying Features of Christian and Muslim Ways of Life
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
NINTH MULTI-SECTORAL SEMINAR-WORKSHOP ON AGRARIAN JUSTICE
Partners:
Department of Agrarian Reform (DAR), Department of Justice (DOJ), Public Attorney’s
Office (PAO), Initiatives for Dialogue and Empowerment through Alternative Legal
Services (IDEALS), Agrarian Justice Foundation, Inc. (AJFI)
Objective:
To increase the sensitivity of participants to the plight of vulnerable sectors of the
agrarian society and to gain better understanding and appreciation of how agrarian
reform seeks to improve their situation in the context of the social justice provision
of the Philippine Constitution.
Participants:
59, composed of judges, prosecutors, public attorneys, law enforcers, representatives
from the Department of Agrarian Reform, Commission on Human Rights, NGOs,
and various people’s organizations
Topics Discussed:
Social and Constitutional Context of Agrarian Reform
Salient Features of Agrarian Reform Laws
Criminal Law and Agrarian Reform
Jurisdiction in Agrarian Reform Cases
Implementation of the Comprehensive Agrarian Reform Program
PERSONAL SECURITY TRAINING FOR JUDGES
IN PURSUIT OF JUDICIAL EXCELLENCE
41
42
Partners:
Supreme Court–Committee on Security, Office of the Court Administrator (OCA),
European Union–Philippine Justice Support Programme (EPJUST), National Bureau
of Investigation (NBI)
Objective:
To raise the personal security awareness of judges and to equip them with basic
knowledge and skills to self-protection.
Participants:
177
Topics Discussed:
Basic Martial Arts
Counter-Surveillance Schemes on the Regional Scene
Technical Nomenclature of Firearms
Ballistic Effectiveness
Zero Tolerance Policy
Identification System for Visitors
Courtroom Regulation and Emergency Scenarios based on the European Experience
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
INFORMATION DISSEMINATION THROUGH A DIALOGUE BETWEEN THE BARANGAY
OFFICIALS AND THE CHIEF JUSTICE WITH OTHER COURT OFFICIALS
IN PURSUIT OF JUDICIAL EXCELLENCE
43
Partners:
Committee on Enhanced Justice on Wheels and the Local Government unit
concerned
Programs in Calbayog, Ormoc, Bohol, and Cebu were held in partnership with the
Program Management Office.
44
Objective:
To provide the poor and the marginalized sectors improved access to justice.
Participants:
2,788 barangay officials (programs held in Laguna, Bulacan, Taguig, Tarlac,
Muntinlupa, La Union, Baguio, Davao Oriental, Abra, Iloilo, Calbayog, Ormoc, Cebu,
and Bohol)
Topics Discussed:
Philippine Legal System
Barangay Protection Order (BPO) under RA No. 9262
Diversion under RA No. 9344
Enforcement of Compromise Agreement before the Barangay in Small Claims Court
Agrarian Reform Law and Land Registration Law
Overview of Court-Annexed Mediation and Judicial Dispute Resolution (JDR)
Mechanism
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
SEMINAR-WORKSHOP ON COMBATING HUMAN TRAFFICKING IN THE PHILIPPINES
Partners:
United States Department of Justice Criminal Division, USAID, ABA-ROLI
Objective:
To eradicate modern-day slavery and to combat human trafficking.
Participants:
112 family court and single sala court judges
Topics Discussed:
Anti-Trafficking in Persons Act of 2003 (RA No. 9208)
Victim-Witness-Centered Approach
The Mindset of Trafficking Victims
Best Practices in Court for Victim-Witnesses
International Best Practices in Docket
Distinguished Speakers:
His Excellency Harry K. Thomas, Jr.
Ambassador Extraordinary and Plenipotentiary
Embassy of the United States of America
Ms. Doreen Bailey
Second Secretary and Political Affairs Officer for Human Rights and Trafficking in
Persons
Embassy of the United States of America
Ms. Sheila Phillips
Legal Adviser
U.S. Department of Justice Criminal Division
Office of Overseas Prosecutorial Development Assistance and Training (OPDAT)
Hon. Leila M. De Lima
Secretary of Justice
Department of Justice
Atty. Persida Rueda-Acosta
Chief, Public Attorney’s Office
IN PURSUIT OF JUDICIAL EXCELLENCE
45
SEMINAR-WORKSHOP ON THE IMPROVED USE OF INTERNATIONAL LABOUR STANDARDS
IN THE JUDICIARY
Objective:
To equip the participants with knowledge to enable them to use international labor
law sources at the national level.
Participants:
67 lawyers of the Supreme Court and Court of Appeals
Speakers:
Opening Remarks
Mr. Lawrence Jeff Johnson
Director, ILO Manila
Introduction to the International Labour
Organization (ILO)
Mr. Tim De Meyer
Senior Specialist, ILO Bangkok
Introduction to International Labour
Standards (ILS) on Freedom of Association and
Right to Collective Bargaining
Mr. Jajoon Coue
Specialist, ILS and Labor Law, ILO Bangkok
ILO Supervisory Mechanisms and the Use of
International Instruments in Domestic
Jurisdictions
Hon. Robyn Layton QC
Adjunct Professor, School of Law, University of
South Australia
Overview of the Philippine Labor Relations
Law and the Judicial Systems
Hon. Hans Leo J. Cacdac
Undersecretary, Department of Labor
and Employment
46
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
SEMINAR-WORKSHOP ON THE DEVELOPMENT OF A SEXTORTION TOOLKIT
Objective:
To enable participants to competently handle suspected cases of sextortion occurring
at various settings and requiring different interventions.
Participants:
43, composed of representatives from the five pillars of the justice system (judges,
prosecutors, public defense counsels, and officials and representatives from the
Department of Social Welfare and Development, Philippine National Police, Bureau
of Jail Management and Penology, various NGOs, and the media)
Topics Discussed:
The Investigation of Sextortion
Available Modes of Discovery
Types of Evidence to Prove Sextortion
How to Conduct a Background Investigation
FINAL VALIDATION WORKSHOP
OF THE
SEXTORTION TOOLKIT
Objective:
To evaluate the clarity, comprehensiveness, and accuracy of the sextortion toolkits
which were the outputs of the seminar-workshop.
Participants:
36
Highlight:
The Development of Sextortion Toolkits
SEMINAR-WORKSHOP ON DEPOSIT INSURANCE, BANKING PRACTICES AND BANK
CONSERVATORSHIP, RECEIVERSHIP, AND LIQUIDATION
IN PURSUIT OF JUDICIAL EXCELLENCE
47
Objective:
To address the problems and
issues that courts may
encounter due to the significant
number of banks that are
closing or filing for receivership
and/or liquidation.
Participants:
129, composed of judges of
commercial courts, and
Regional Trial Courts of the NCJR
with pending cases on bank
conservatorship, receivership,
and liquidation cases
Topics Discussed:
Overview of the Revised PDIC Charter
Conducting Banking Business in an Unsafe and Unsound Manner
Bank Conservatorship, Receivership, and Liquidation
Bank Frauds, Irregularities, and Anomalies
The Anti-Money Laundering Law
NATIONAL SUMMIT ON FAMILY COURTS: STRENGTHENING THE MULTI-SECTORAL
FRAMEWORK FOR THE PROTECTION OF FAMILY, WOMEN AND CHILDREN
48
Partnership:
Supreme Court, the Committee on Gender Responsiveness for the Judiciary, Philippine
Judges Association
Objective:
To address the following concerns: Regularization of Family Courts, Codification of
Rules on Women and Children, and Law Reform.
Participants:
222, composed of Supreme Court Justices, officials and lawyers, family court judges,
clerks of court, court interpreters, court social workers, and representatives from
the Presidential Human Rights Committee (PHRC), House of Representatives,
Philippine Judges Association (PJA), Prosecutor’s Office, Public Attorney’s Office
(PAO), Parole and Probation Administration, Bureau of Jail Management and Penology
(BJMP), Philippine National Police (PNP), Department of Social Welfare and
Development (DSWD), Development Partners, Council for the Welfare of Children
(CWC), Philippine Commission on Women, Inter-Country Adoption Board, National
Statistics Office(NSO), Bureau of Immigration and Deportation, Civil Service
Commission, Ombudsman, Civil Society, church, academe, and media.
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
Development of the Think Papers:
Based on the consolidated results of the workshop
Delivered to all family court judges nationwide for their review in preparation for the validation
workshop during the National Summit
Authored by renowned experts in the fields of family, women, and children as follows:
Speakers:
Keynote Speaker
Implementation of RA No. 8369 or the Law Creating Family Courts
Hon. Reynato S. Puno
Chief Justice
Guest Speakers
Trekking the Rugged Slopes to the Summit for the Filipino Family
Hon. Flerida Ruth P. Romero
Retired Supreme Court Justice
Gender Responsiveness of the Philippine Judiciary through Law Reform
Hon. Pia S. Cayetano
Senator
IN PURSUIT OF JUDICIAL EXCELLENCE
49
MULTI-SECTORAL CAPACITY BUILDING ON ENVIRONMENTAL LAWS AND THE RULES OF
PROCEDURE FOR ENVIRONMENTAL CASES
50
Partners:
Program Management Office (PMO), United Nations Development Programme
(UNDP), Department of Environment and Natural Resources (DENR)
Objective:
To address the need of judges and other stakeholders in identified priority areas to
properly address environmental issues using the new Rules of Procedure for
Environmental Cases promulgated by the Supreme Court.
Participants:
379, composed of judges, branch clerks of court, prosecutors, public attorneys, and
representatives from the Department of Environment and Natural Resources,
Department of Agriculture–Bureau of Fisheries and Aquatic Resources, Department
of the Interior and Local Government, National Commission on Indigenous Peoples,
National Economic Development Authority, United Nations Development
Programme, Asian Development Bank, Federation of Philippine Industries, Philippine
Coast Guard, law enforcement agencies, local government units, and civil society.
Topics Discussed:
Overview of Environmental Concepts, Principles, Environmental Justice, Law of
General Application
Institutions, Plans, Actors in Environmental Governance, Administrative
Environmental Proceedings
Civil Procedure, Criminal Procedure, Special Writs, Evidence
Use of Alternative Dispute Resolution (ADR) Mechanisms in Environmental Litigation
Updates on Laws, Appellate Procedure, Rules and Regulations, Jurisprudence, and
Mechanisms for Implementation classified as follows:
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
IN PURSUIT OF JUDICIAL EXCELLENCE
51
ROUNDTABLE DISCUSSIONS
KNOWLEDGE SHARING ON THE ADJUDICATION OF DISPUTES IN AN AUTOMATED
ELECTION SYSTEM
Objective:
To give an overview of the experience of the United States in the adjudication
of disputes under an Automated Election System in preparation for the May
2010 Philippine Automated Elections.
Date and Venue:
February 8, 2010
Hyatt Hotel, Manila
Participants:
48 composed of:
· Supreme Court Lawyers
· PHILJA Executive Officials and Professors
Representatives from the Commission on Elections (COMELEC),
International Foundation for Electoral System (IFES), and American Bar
Association–Rule of Law Initiative (ABA-ROLI)
EXPERTS’ MEETING ON THE ELECTION LAW TRAINING CURRICULUM FOR REGIONAL
TRIAL COURT JUDGES
Objective:
To generate inputs from the participants on the design of the Academy’s 2010
Election Law Training Curriculum for Regional Trial Court Judges.
Date and Venue:
April 14, 2010
Hyatt Hotel, Manila
Participants:
27 composed of:
· PHILJA Executive Officials and Professors
· Representatives from the COMELEC, IFES, and ABA-ROLI
KNOWLEDGE SHARING ON NEW HUMAN RIGHTS ISSUES: INTERNATIONAL HUMANITARIAN LAW,
ANTI-TORTURE LAW, AND HUMAN SECURITY ACT IN RELATION TO EXTRALEGAL KILLINGS AND
ENFORCED DISAPPEARANCES
Objective:
To give an overview of the European experience on new human rights issues on
International Humanitarian Law, Anti-Torture Law, and Human Security Act.
Date and Venue:
August 29, 2010
Filipinas Heritage Building
Makati Avenue, Makati City
Participants:
49 composed of:
· Judges
· Prosecutors
· PAO
· CHR
· AFP
52 ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
ROUNDTABLE DISCUSSION ON THE IMPROVED USE OF
INTERNATIONAL LABOR STANDARDS IN THE JUDICIARY
Objective:
To equip the justices with knowledge
to enable them to use international
labor law sources at the national
level and to gain knowledge of the
instruments and supervisory
machinery of the ILS system.
Date and Venue:
November 10, 2010
College of Saint Benilde (CSB) Hotel
Manila
Participants:
34 Court of Appeals Justices
ROUNDTABLE DISCUSSION ON COURT LEADERSHIP:
JUDICIAL REFORM AND IMPROVING JUDICIAL
ADMINISTRATION
Objective:
To share experiences in Court
Leadership, Judicial Reform, and
Improving Judicial Administration.
Date and Venue:
October 7, 2010
Shangri-la Hotel
Makati City
Participants:
46 composed of:
Chief Justice Hon. Renato C. Corona
Associate Justice Teresita J. Leonardo-De Castro
Court Administrator Jose Midas P. Marquez
Justice Edilberto G. Sandoval
Justice Ernesto D. Acosta
PHILJA Executive Officials
JRSP Administrator Geraldine Faith A. Econg
Court of Appeals Justices
RTC and MTC Judges
Representatives from:
USAID
ABA-ROLI
Hon. Clifford Wallace, Senior Judge
US Court of Appeals for the Ninth Circuit
IN PURSUIT OF JUDICIAL EXCELLENCE 53
CONVENTION-SEMINARS
PHILJA managed the academic components of the following convention-seminars:
54 ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
IN PURSUIT OF JUDICIAL EXCELLENCE 55
ALTERNATIVE DISPUTE RESOLUTION
Court-Annexed Mediation (CAM) Programs
CAM is one of the Supreme Court Alternative Dispute Resolution
mechanisms being implemented by the Academy, whereby a case
eligible for mediation at the First Level Court or Regional Trial Court
is referred by the presiding judge to the Philippine Mediation Center
Unit. Mediation is successful if the parties enter into a compromise
agreement, and the judge renders a decision based on this agreement.
If it fails or the parties refuse to undergo mediation, the case goes
back to court for trial.
Appellate Court Mediation (ACM)
ACM is a mediation program in the Court of Appeals (CA), corollary
to the CAM in the trial courts. In ACM, the case, which had undergone
trial and judgment rendered by the trial court, is appealed to the CA
by the aggrieved party.
Mobile Court-Annexed Mediation (MCAM)
This is another form of court-annexed mediation whereby mediation
proceedings are conducted in a mobile court deployed in an area for
a certain period. The MCAM program is one of the component
activities of the Enhanced Justice on Wheels (E-JOW) program of the
Court.
Judicial Dispute Resolution (JDR)
JDR is another alternative dispute resolution mechanism whereby a
JDR judge, acting sequentially as conciliator, neutral evaluator, and
mediator, or a combination of the three, attempts to convince the
parties to settle their case amicably if mediation fails in CAM/MCAM
or the parties refuse mediation. Whatever the result of the JDR may
be, the case is always returned to the court for appropriate action
— either for approval of the compromise agreement or for trial.
56 ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
SPECIAL AD HOC COMMITTEE
ON ENVIRONMENTAL MEDIATION
The Philippine Mediation Center–Executive Committee (PMC ExeCom) created an Ad Hoc Committee on
Environmental Mediation following the approval of the Rules of Procedure for Environmental Cases in A.M.
No. 09-6-8-SC dated April 13, 2010, particularly to implement Section 3 of Rule 3 that requires the referral of
a civil case during pre-trial to mediation.
The Committee’s primary task is to develop a training curriculum and module on mediation in environmental
cases, as provided for in Rule 3, specifically for court-annexed mediators, clerks of court, legal researchers,
and trainers. The said Rules likewise state that the court shall refer the case to the PMC Unit for mediation
or, if not available, to the clerk of court or legal researcher.
Scope of work of the Committee:
1.
2.
3.
4.
5.
6.
7.
8.
Define the target population.
Determine the work by the target trainees on the job.
Set standards for competency levels.
Develop the training design, including modules, instructional objectives, text and description of
training methods, based on such training framework as the Committee may approve.
Provide appropriate examples and information for use in the exercises.
Draft guidelines for the facilitator and course director/leader.
Pilot-test training materials.
Revise and finalize training materials based on the pilot-test results.
The Committee will also create Technical Working Groups (TWGs) from among its members for specific
and separate functions and appoint case study writers, as necessary.
The Ad Hoc Committee is composed of the following:
Chair:
Co-Chair:
Members:
Justice Adolfo S. Azcuna
Chair Alfredo F. Tadiar
Justice Oswaldo D. Agcaoili
Dean Antonio G.M. La Viña
Dr. Evelina Maclang Vicencio
Atty. Brenda Jay Angeles Mendoza
Atty. Salvador S. Panga, Jr.
Atty. Maria Generosa T. Mislang
Prof. Rhodora Ferrer
Ms. Brenda S. Batistiana
IN PURSUIT OF JUDICIAL EXCELLENCE 57
SPECIAL LECTURES
Distinguished Lecture Series
The goal of this lecture series is to deepen and broaden our understanding
of the law by inviting legal scholars to give discourses that shall not only
consider the realism and the pragmatism of contemporary legal principles,
but also the theoretical and the transcendental issues that will complete our
vision of what the law is and ought to be.
– Chief Justice Reynato S. Puno –
Initially conceptualized as part of the celebration of the Supreme Court’s centennial year, the Centenary
Lecture Series featured 14 lectures by well-known legal experts and jurists who spoke on various legal
and judicial topics of fundamental significance to the development of the Philippine Judiciary, as well as
on current laws and jurisprudence.
2010 Chief Justice Reynato S. Puno Distinguished Lectures
Third CJ Puno Distinguished Lecture
The Supreme Court, through PHILJA, in
partnership with the ASEAN Law
Association (ALA) of the Philippines
and the Program Management Office,
held the Chief Justice Reynato S. Puno
Third Distinguished Lecture on
February 19, 2010 (Friday), 9:00 a.m.,
at the En Banc Session Hall, New
Supreme Court Building, Padre Faura,
Manila, with Cebu and Davao Cities as
the video-conference remote sites.
The lecturer was Ambassador Rosario Gonzalez-Manalo, Senior Foreign Service Adviser to the
Secretary of Foreign Affairs, Philippine Representative to the ASEAN Intergovernmental
Commission on Human Rights, and Philippine Governor to the Board of Governors of the AsiaEurope Foundation, on the topic “The ASEAN Charter.”
Ambassador Alistair MacDonald, Head of Delegation, European Commission to the Philippines,
and Mr. Jeffrey Wah Tech S.C., Deputy Solicitor General, Attorney-General’s Chambers of
Singapore, were the Reactors.
58 ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
Fourth CJ Puno Distinguished Lecture
The Supreme Court, through the
Philippine Judicial Academy, in
partnership with the Program
Management Office, held the Chief
Justice Reynato S. Puno Fourth
Distinguished Lecture on May 7, 2010
(Friday), 10:30 a.m., at the PHILJA
Training Center Auditorium, Tagaytay
City .
The lecturer was Dean Pacifico A.
Agabin, Chair, PHILJA Department of
Constitutional Law, on the topic
“Judicial Philosophy of the Puno
Court.”
Metrobank Professorial Lecture
The Metrobank Professorial Chair Lecture,
which started in November 2004, is a yearly
endowment of the Metrobank Foundation,
Inc., as its assistance to the Academy in the
development and enhancement of its
programs in judicial education, by
encouraging its Corps of Professors to author
and publish treatises with innovative
concepts and approaches in designated areas
of law, which will promote competence,
excellence, and efficiency in the Philippine
Justice System.
The 2010 Metrobank Foundation Professorial
Chair Recipient in Commercial/Remedial Law,
retired Supreme Court Justice, Hon. Dante O.
Tinga, lectured on the topic “Corporate
Rehabilitation in the Philippines,” on
November 24, 2010, at the Court of Appeals
Auditorium, Maria Orosa, Manila.
IN PURSUIT OF JUDICIAL EXCELLENCE 59
RESEARCH AND DEVELOPMENT
Development of Framework and Capacity Assessment on Environmental Justice
The “Development of Framework and Capacity Assessment on Environmental Justice,” funded by the
United Nations Development Programme (UNDP) under the Enhancing Access to the Pillars of Justice
Component of its Fostering Democratic Governance Programme, is the maiden research project of the
Research Division of PHILJA’s Research, Publications and Linkages Office (RPLO).
The research project resulted in the production of two outputs: (1) the “Access to Environmental Justice:
A Sourcebook on Environmental Rights and Legal Remedies” and (2) the “Access to Environmental
Justice: A Capacity Assessment on the Pillars of the Justice System.” Both adopted a multi-sectoral
approach and were based on the inputs drawn from individual consultations and Focus Group Discussions,
and from the pillars of the Justice System:
Law Enforcement Department of Environment and National Resources (DENR), Philippine National
Police (PNP), National Bureau of Investigation (NBI), Armed Forces of the
Philippines (AFP), and other related agencies
Prosecution
National Prosecution Service (NPS), Public Attorney’s Office (PAO), Department
of Justice (DOJ), and other related agencies.
Courts
Office of the Court Administrator (SC)
Corrections
Bureau of Jail Management and Penology (BJMP), Department of the Interior
and Local Government for provincial and subprovincial jails, Philippine National
Police (PNP) for district, city, and municipal jails
Community
Non-government organizations dealing with environmental law advocacy such
as but not limited to ELAC, SALIGAN, LRC, HARIBON, NCIP, Tanggol Kalikasan,
among others
The Capacity Assessment provides:
.
An evaluation of the roles and responsibilities of the pillars of justice to execute and implement
the provisions of the Constitution and Environmental Laws;
.
Identifies experiences involving access to judicial and administrative proceedings, including redress
and remedy as well as innovative approaches and assessment of the five pillars’ strengths and
weaknesses;
.
Determines the level of awareness of vulnerable groups on their environmental rights and
entitlements and their ability to access environmental justice;
.
Re-evaluates the Environmental Impact Statement System (EISS) and the Environmental Impact
Assessment (EIA) process and provides the necessary recommendations.
60 ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
The Sourcebook lays down the principles and framework of environmental justice in the Philippines,
identifies the emerging trends in environmental jurisprudence and best practices, and recommends
strategies to remedy policy gaps and to promote and enhance Environmental Justice in the Philippine
legal system.1
The Sourcebook outline was presented to the participants of the various group discussions consisting of
representatives from government agencies, non-governmental organizations, and peoples’ organizations.
Validation workshops were also conducted, reintegrating the participants of the five pillars during the
Focus Group Discussion to finalize the capacity assessment report as well as to review the contents of
the Sourcebook. The final draft of the Sourcebook was subsequently subjected to consultation with a
panel of editors composed of:
.
Prof. Sedfrey M. Candelaria
.
Justice Oswaldo D. Agcaoili
.
Dean Mikhail Lee L. Maxino
.
Atty. Ronaldo R. Gutierrez
.
Atty. Lisa Belle M. Villanueva
.
Atty. Grizelda Mayo-Anda
.
Ms. Maryam Cecilia L. Mamorno
The Research Team is headed by Attorney Joan Michelle M. Legaspi with the following members:
.
Atty. Gregorio Rafael P. Bueta
.
Ms. Tanya Justine R. Baldovino
.
Ms. Maria Cristina T. Mundin
.
Ms. Marychelle T. Mendoza
Justitia et Lex: Handbook and Casebook on Commercial Law
History – From Chief Justice Puno: Casebooks on Various Fields of Law
In its 105th Meeting held last June 10, 2008, the Academic Council decided to work on the project through
the Curricular Departments, with the Office of the Executive Secretary monitoring. The casebooks are
envisioned as ready references for judges. Each department is free to adopt a format. They may produce
Benchbooks, updates, or trends either doctrinal or with case digests. These could be merged and abridged
for easy reference. The Departments of Civil Law, Commercial Law, and Remedial Law have commenced
preparations for their respective outputs.
1
Lifted from the Inception Report on the Development of Framework and Capacity Assessment on the Five Pillars of the
Justice System in Enhancing Access to Environmental Justice prepared by Atty. Joan Michelle Legaspi, researcher contracted
by PHILJA for the project.
IN PURSUIT OF JUDICIAL EXCELLENCE 61
On August 21, 2008, the Commercial Law Department prepared a Casebook for judges and court
personnel. Its members reviewed all existing benchbooks, handbooks, manuals, and other issuances
related to Commercial Law from PHILJA or the Department. It was agreed that the casebook would
include doctrines as well as substantive law provisions which would allow judges and practitioners to
use it as basis for review or as seed materials for further in-depth research on related issues.
The Department decided to provide a commercial law series covering the following publications:
.
Benchbook on Corporate Rehabilitation (Atty. Francis Ed Lim)
.
Handbook on Corporate Jurisdictions of the RTC and the SEC (Dean Cesar L. Villanueva)
.
Handbook for Trial Judges on Primary Jurisdiction and Related Considerations (Fr. Ranhilio C.
Aquino)
.
Handbook on Intellectual Property (Fr. Ranhilio C. Aquino)
.
Write-up entitled “Approaches to Commercial Laws” (Dean Cesar L. Villanueva)
.
Article “Evolving Philippine Commercial Law Systems” (Dean Cesar L. Villanueva)
.
Expanded syllabus on Corporate Law (Dean Cesar L. Villanueva)
.
Expanded syllabus on Partnership Law (Dean Cesar L. Villanueva)
.
Expanded syllabus on Commercial Papers and Credit Transactions (Justice Sixto C. Marella, Jr.)
.
Expanded syllabus on Transportation and Maritime Law (Atty. Jose Claro S. Tesoro)
.
Article on Air Law (Atty. Jose Claro S. Tesoro)
.
Expanded syllabus on Insurance Law (Atty. Jose Claro S. Tesoro)
.
Expanded syllabus on Banking Laws (Atty. Jose Salvador Y. Mirasol)
.
Write-up on Law and Economics (Dr. Cheselden George V. Carmona)
.
Expanded syllabus on Foreign Investments in the Philippines (Dr. Cheselden George V. Carmona)
.
Write-up on Enforcement of Foreign Judgments and Foreign Arbitral Awards (Dean Cesar L.
Villanueva)
Dean Villanueva submitted the hard and soft copies of the e-handbook and casebook on Commercial
Law to the Council at its 122nd meeting on March 11, 2009. The Council agreed to produce and distribute
the material in CD form, in cooperation with the SC-MISO, and the same posted on the SC website with
links to full text of cases cited in both books.
On May 29, 2009, the Commercial Law casebook and handbook were launched under the Justitia et
Lex Series and presented to the Court during the program for Justice Herrera on her retirement from
PHILJA.
The Justitia et Lex (JeLex), a pioneer project of the Academy, is a series of compilations of casebooks,
handbooks, and special titles on the various fields of law and judicial management. The JeLex CD on
Commercial Law includes a search engine and hyperlinks of SC decisions promulgated since 1997.
62 ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
Helpbook on Human Rights Issues: Extralegal Killings and Enforced Disappearances
The phenomenon of extrajudicial killings of political activists and members of the media was the subject
of a Report, dated January 22, 2007, of the Independent Commission to Address Media and Activists
Killings created by President Gloria Macapagal-Arroyo through Administrative Order No. 157. President
Arroyo viewed with “alarm and concern the unabated killings of political activists and members of media”
and thus recommended the designation of Special Courts throughout the country to hear and try these
criminal cases.
To arrest the rising threat to our basic rights to life, liberty, and security, the writs of amparo and
habeas data were promulgated by the Supreme Court in September 2007 and January 2008, respectively.
These writs complement the existing writ of habeas corpus long provided for in Philippine laws to combat
the problem of ELKs and EDs.
In view of the promulgation of the Resolution, dated September 25, 2007, in A.M. No. 07-9-12-SC
Re: The Rule on the Writ of Amparo, the Supreme Court revoked its previous circular on the designation
of special courts and directed that all Regional Trial Court Judges shall take cognizance of extralegal
killings and enforced disappearances or threats thereof. Hence, the Academy decided to hold a series of
seminar-workshops that would include prosecutors and other representatives from the five pillars of
justice. The Academy has conducted 20 batches of the seminar-workshops with funding assistance from
development partners.
Among the recommendations in the seminar-workshops is the integration of the learnings and
recommendations derived therefrom to be published as a helpbook, which would serve as a guide to
stakeholders.
The Helpbook project, funded by the United States Agency for International Development, through
The Asia Foundation, focuses on State responsibility, human rights and humanitarian law, the doctrine of
command responsibility, extralegal killings (ELK), and enforced disappearances (ED). It is intended to (a)
further disseminate the knowledge shared during the seminar-workshops on ELK and ED; (b) provide
applicable laws, systems and processes to guide the pillars of the justice system, the NGOs, and the
community on how best to address the needs of victims of human rights violations, and to effectively
resolve cases of ELK and ED; and (c) identify gaps in the laws, systems, and processes and make
recommendations to address them.
From May 7, 2010, to September 30, 2010, the following were undertaken to achieve the project
objectives: (a) Program Planning Implementation Meetings, (b) Constitution of Helpbook Writers,
Consultants, Research and Editorial Assistants and Layout Artist, (c) Helpbook Writers’ Meeting, Helpbook
on Human Rights Issues Writeshops, (d) Helpbook Focus Group Discussion, and (e) Validation Workshop.
Considering its broad target of users, the book was designed to be practical, easily understood, and
handy.
The editorial board is composed of the following:
Writers
Dean Pacifico A. Agabin
CHR Commissioner Cecilia Rachel V. Quisumbing
Professor Sedfrey M. Candelaria
IN PURSUIT OF JUDICIAL EXCELLENCE 63
Professor Carlos P. Medina, Jr.
Professor Herminio Harry L. Roque, Jr.
Editorial Consultants
PHILJA Chancellor Justice Adolfo S. Azcuna
Dr. Purificacion Valera-Quisumbing
PHILJA Executive Secretary Justice Marina L. Buzon
Editor
Ms. Yvonne Chua
Research Assistants
Atty. David L. Ballesteros, Focal Person
Atty. Ria Corazon B. Ablan, Office of the Chancellor
Ms. Joan Marie C. Tejada, Focal Person/Recorder-Secretary
Editorial Assistant
Ms. Charmaine Saltivan, Assistant Recorder-Secretary
Revision and Expansion of the Benchbook for Philippine Trial Court Judges
A primary reference for first and second level trial court judges, the Benchbook for Philippine Trial Courts
was jointly launched in 2004 by the Supreme Court and PHILJA with generous support from the Australian
Aid International Development (AusAID) and the International Development Law Institute (IDLI).
In its Resolution in A.M. No. 09-5-11-SC-PHILJA, dated June 30, 2001 and July 7, 2009, the Court en banc
approved the budget for the revision of the Benchbook. The Benchbook Revision Committee was
organized, with the PHILJA Chancellor presiding. Out of 16 subjects in the Revised Benchbook, 15 were
accepted by the Revision Committee for editing. An average of 17 committee members met 16 times
for a total of 48 hours in 2010 to discuss the author’s proposed revisions.
The Publication was for completion in December 2010, but due to delays, the target date was moved to
early 2011. The USAID, through the ABA-ROLI, funded its publication and related trainings.
The Benchbook Revision Committee is composed of:
Editorial Consultant
Justice Adolfo S. Azcuna
Project Director
Chair Alfredo F. Tadiar
Members
Justice Diosdado M. Peralta (Criminal Procedure)
Justice Lucas P. Bersamin (Decision Writing)
Justice Magdangal De Leon (Civil Procedure and Outline of Procedure)
Justice Alexander G. Gesmundo (Evidence)
Retired Justice Hilarion L. Aquino (Judicial Ethics)
64 ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
Retired CA Zenaida N. Elepaño (Court and Case Management)
DCA Nimfa C. Vilches (Special Proceedings)
Chair Alfredo F. Tadiar (ADR and Rule on Summary Procedure)
Judge Marivic T. Daray (Trial Court Performance and Management Systems)
Prof. Myrna S. Feliciano (Legal Research and Glossary of Legal Terms and Index)
Dr. Antonio G. M. La Viña (Environmental Law and Procedural Rules)
Atty. Rita Linda Jimeno (Special Civil Action and Provisional Remedies)
Editorial Board
Chairman Alfredo F. Tadiar (Editor)
Justice Marina L. Buzon (Editorial Assistant)
Atty. Emmanuel L. Caparas (IT Consultant)
Atty. Rodel O. Hernandez (Research Assistant)
Atty. Ria Corazon H. Berbano-Ablan (Research Assistant)
Committee Secretariat
Ms. Joan Marie C. Tejada
Ms. Suzette P. Valdez
Mr. Raymond I. Eisma
Mr. Lirio F. Balbin
IN PURSUIT OF JUDICIAL EXCELLENCE 65
PUBLICATIONS
PHILJA Judicial Journal
·
Agrarian Justice
PHILJA Bulletin
·
Vol. XI, Issue 44, October-December 2009 with Supplement
·
Vol. XII, Issue 45, January-March 2010
·
Vol. XII, Issue 46, April-June 2010
·
Vol. XII, Issue 47, July-September 2010
PHILJA Fax/Electronic Alerts
·
January-December 2010
PHILJA Website
Uploaded the following in PDF format:
·
Publication of the Metrobank Foundation Professorial
Lecture Series, Volume 1, 2004-2009
·
2004, 2005, 2007, 2008, and 2009 PHILJA Annual Reports
·
PHILJA Bulletin Issue Nos. 1 to 44
·
Introduction to PHILJA
Laws, Rules and Issuances on Environmental Cases
This special publication provides Courts, especially Environmental
Courts, and other pillars of the Criminal Justice System with a
helpful reference on laws, rules, and issuances on environmental
cases.
Laws, Rules and Issuances for Cases involving Family, Domestic
Relations, Women and Children
This special publication provides Courts, especially Family Courts,
and other pillars of the Criminal Justice System with a helpful
reference on laws, rules and issuances for cases involving family,
domestic relations, women, and children.
66 ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
Proceedings of the International Conference on the
International Criminal Court
This is a compilation of the proceedings and papers delivered during
the International Conference of the International Criminal Court
on the theme Protecting Human Rights – Upholding International
Justice held on September 25-26, 2008, at the Renaissance Makati
City Hotel, Makati.
Metrobank Professorial Lecture Series (Volume 1)
This publication contains the following:
·
Injunction and Its Related Problems (2004 Professorial Chair
Lecture in Remedial Law)
·
On Amending the Constitution (2005 Professorial Chair
Lecture in Constitutional Law)
·
Corporate Governance: Law and Jurisprudence (2006
Professorial Chair Lecture in Commercial Law)
·
International Humanitarian Law (2007 Professorial Chair
Lecture in International Law and Human Rights Law)
·
The Future of Environmental Law and Governance (2008
Professorial Chair Lecture in Environmental Law)
·
Law at Its Margins: Questions of Identity, Ancestral
Domains, Indigenous Peoples and the Diffusion of Law (2009
Professorial Chair Lecture in Constitutional Law)
Introduction to PHILJA
A PHILJA primer which contains the Academy’s history, vision,
mission, organization structure, functions, offices, and offerings,
and that serves as an introductory guide for newly appointed judges,
development partners, guests, as well as to its newly hired
personnel.
Annual Report 2009
A yearly report on the Academy’s conduct of its Regular and Special
Focus programs, Alternative Dispute Resolution programs,
seminars and workshops, special lectures, training activities, and
convention-seminars for the year 2010, and highlights the
inauguration of the newly constructed PHILJA Training Center, the
country’s landmark for judicial education.
Updates on the activities, performance, challenges, and
concerns of each office in the year are likewise reported.
IN PURSUIT OF JUDICIAL EXCELLENCE 67
INSTITUTIONAL UNDERTAKINGS
INTERNATIONAL LINKAGES AND DEVELOPMENT PARTNERS
PHILJA’s linkages and partnerships in 2010 mainly involved program support, knowledge sharing efforts, and
foreign institutional visits.
Program Support
PHILJA’s training programs received continued support from various institutions, agencies, and committees
in the sourcing of materials and optimizing the use of available resources toward the achievement of a
common goal.
United Nations Children’s Fund
(UNICEF)
Child Protection Unit Network
(CPU-Net)
Dangerous Drugs Board (DDB)
Training of Trainers in the Competency Enhancement Training for Judges and
Court Personnel Handling Child Abuse and Trafficking Cases
Competency Enhancement Training for Judges and Court Personnel Handling
Child Abuse and Trafficking Cases (4 batches)
Competency Enhancement Training Program Review
Seminar-Workshop on Dangerous Drugs Law for Judges, Prosecutors and Law
Seminar on Speedy Trial and Disposition of Cases (5 batches)
Office of the Court
Administrator (OCA)
United States Agency for
International Development
(USAID)
American Bar Association–Rule
of Law Initiative (ABA-ROLI)
USAID
ABA ROLI
Seminar-Workshop on the Rule of Procedure for Small Claims Cases
(16 batches)
Seminar-Workshop on Combating Human Trafficking in the Philippines
(2 batches)
Seminar-Workshop on Combating Judicial Corruption and Strengthening the
Rule of Law (2 batches)
Experts’ Meeting on the Election Law Training Curriculum for Regional Court
Judges
Seminar on Election Laws for Judges of the Regional Trial Courts (5 batches)
LIBERTAS
Ateneo Human Rights Center
(AHRC)
Seminar-Workshop on CEDAW and Gender Sensitivity for Court of Appeals
(5 batches)
Court of Appeals
(CA)
SC-Committee on Gender Responsiveness
in the Judiciary (SC-CJRJ)
CA-Committee on Gender Development
Focal Point
68
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
National Bureau of
Investigation (NBI)
Personal Security Training for Judges (4 batches)
OCA
SC-Committee on Security
Philippine Deposit Insurance
Corporation (PDIC)
Seminar-Workshop on Deposit Insurance, Banking Practices, and Bank
Conservatorship (2 batches)
United Nations Development
Programme (UNDP)
Multi-Sectoral Capacity Building on Environmental Laws and The Rules of
Procedure for Environmental Cases (3 batches)
Department of Environment
and Natural Resources (DENR)
SC-Program Management Office
(SC-PMO)
UNDP
Multi-Sectoral Capacity Building on Environmental Laws and The Rules of
Procedure for Environmental Cases
DENR
Department of the Interior and
Local Government (DILG)
(SC-PMO)
International Labour
Organization (ILO)
Seminar-Workshop on the Improved Use of International Labour Standards
in the Judiciary
Roundtable Discussion on the Improved use of International Labour Standards
in the Judiciary
European Union–Philippines
Justice Support Programme
(EPJUST)
Courtroom Security Training for Judges
National Bureau of
Investigation (NBI)
OCA
SC-Committee on Security
Agrarian Justice Foundation Inc.
(AJFI)
Multi-Sectoral Seminar-Workshop on Agrarian Justice for the Province of
Camarines Sur
IN PURSUIT OF JUDICIAL EXCELLENCE
69
Knowledge Sharing Efforts
The Academy enters into educational partnerships with institutions, agencies, organizations, sectors,
and communities through various knowledge sharing activities to enhance legal capacities, foster judicial
cooperation, and promote access to justice.
Local Government Units (LGUs)
SC-Committee on Enhanced Justice on Wheels
USAID
The Asia Foundation
(TAF)
USAID
Information Dissemination Through A Dialogue Between Barangay Officials
and Court Officials (14 batches)
Development of the Helpbook on Human Rights Issues: Extralegal Killings
and Enforced Disappearances
Helpbook on Human Rights Issues Writeshop (Parts 1 and 2)
Validation Workshop on the Helpbook on Human Rights Issues: Extralegal
Killings and Enforced Disappearances
Knowledge Sharing on the Adjudication of Disputes in an Automated Election
System
ABA-ROLI
International Foundation for
Electoral Systems (IFES)
USAID
Revision and Expansion of the Benchbook for Philippine Trial Courts
ABA-ROLI
USAID
Roundtable Discussion on Court Leadership: Judicial Reform and Improving
Judicial Administration
ABA-ROLI
SC-PMO
UNDP
Development of Framework and Capacity Assessment on Environmental
Justice
SC-PMO
70
Embassy of Italy in Manila
Launch of the Publication of the Proceedings of the International Conference
on the International Criminal Court
EPJUST
Knowledge Sharing on New Human Rights Issues: International Humanitarian
Law, Anti-Torture Law and Human Security Act in Relation to Extralegal Killings
and Enforced Disappearances
ASEAN Law Association (ALA)
Chief Justice Reynato S. Puno Third Distinguished Lecture Series–The ASEAN
Charter
Integrated Bar of the Philippines
(IBP)
Orientation for Clerks of Court, Prosecutors and Lawyers on Judicial Dispute
Resolution
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
Philippine Women Judges
Association (PWJA)
International Association of
Women Judges
National Convention and General Meeting of the PWJA
Seminar-Workshop on the Development of Sextortion Toolkit
Final Validation of the Sextortion Toolkit
Government of Netherlands
PWJA
Philippine Judges Association
(PJA)
National Summit on Family Courts–Strengthening the Multi-Sectoral
Framework for the Protection of Family, Women, and Children
SC-CGRJ
PJA
Philippine Association of Court
Social Workers, Inc. (PACSWI)
Judiciary Association of Clerks
of the Philippines (JACOPHIL)
Philippine Association of Court Employees
(PACE)
Metropolitan and City Judges
Association of the Philippines
(METCJAP)
First Level Clerks of Court Association
of the Philippines (FLECCAP)
Midterm National Convention of the PJA
Seventh National Convention and Seminar of the PACSWI
Convention and Seminar of the JACOPHIL
14th National Convention and Seminar of the PACE
12th Convention-Seminar of the METCJAP
10th National Convention and Seminar of the FLECCAP
Court Legal Researchers
Association of the Philippines,
Inc. (CLERAP)
8th Biennial National Convention and Seminar-Workshop of the CLERAP
Philippine Trial Judges League,
Inc. (PTJLI)
17th Annual Convention and Seminar of the PTJLI
Philippine Association of Court Interpreters
(PHILACI)
Metrobank Foundation, Inc.
6th National Convention and Seminar of the PHILACI
Launching of the Publication of the Metrobank Foundation Professorial Chair
Lecture Series
7th Metrobank Foundation Professorial Chair Lecture
IN PURSUIT OF JUDICIAL EXCELLENCE
71
FOREIGN INSTITUTIONAL VISITS
PHILJA continues to gain international recognition through visits of representatives of foreign institutions
with whom knowledge is shared, institutional capabilities are promoted, and experiential learnings are
mutually exchanged.
72
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
IN PURSUIT OF JUDICIAL EXCELLENCE
73
UPDATES ON ADMINISTRATIVE MATTERS
Appointment of PHILJA Officials and Professors
·
Justice Marina L. Buzon, Executive Secretary, June 1, 2010 (renewal)
·
Justice Delilah Vidallon-Magtolis, Chief of Office for Academic Affairs Office, June 1, 2010 (renewal)
·
Justice Oswaldo D. Agcaoili, Professor II with administrative duties, April 12, 2010 (renewal)
·
Prof. Sedfrey M. Candelaria, Professor II with administrative duties, and Head of Research, Publications
and Linkages Office, April 12, 2010 (renewal)
·
Judge Fortunato M. de Gracia, Professor I with administrative duties, and Coordinator for the Visayas
and Mindanao, April 12, 2010 (renewal)
Contract of Consultancy for PHILJA Consultants
·
Justice Teresita Dy-Liacco Flores (January 1, 2010 to May 31, 2010)
·
Justice Minerva P. Gonzaga-Reyes
·
Fr. Ranhilio C. Aquino
·
Engr. Salvador P. Castro, Jr.
·
Atty. Orlando B. Cariño
Contract of Services of Mediation Advisers
·
Mr. Salvador C. Vilches (January 1, 2010 to December 31, 2010)
·
Mr. Francisco D. Pabilla, Jr. (January 1, 2010 to December 31, 2010)
Appointment of PHILJA Employees
New appointment to permanent positions
74
·
Mr. Ronald P. Caraig, Judicial Staff Officer V, Linkages Division, Research, Publications and Linkages
Office, March 19, 2010
·
Ms. Wenna Joy G. Matriz, Accounting Clerk, Finance Office, September 23, 2010
·
Atty. Camille Rose F. Dumlao, PHILJA Attorney II, Judicial Education Division, Academic Affairs
Office, September 24, 2010
·
Mr. Rangelo M. Saclolo, Security Guard III, Administrative Division, Administrative Office (assigned
to PTC, Tagaytay City), December 2, 2010
·
Mr. John Paul D. Salas, Security Guard III, Administrative Division, Administrative Office (assigned
to PTC, Tagaytay City), December 2, 2010
·
Mr. Lirio F. Balbin, Clerk III, Office of the Vice Chancellor, December 2, 2010
·
Mr. Romeo C. de Leon, Jr., Utility Worker II, Budget Division, Finance Office, December 3, 2010
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
Promotion to permanent positions
·
Engr. Allan John V. Oriarte, Judicial Staff Officer III, Programming and Monitoring Division, Academic
Affairs Office, March 19, 2010
·
Mr. Romil Q. de Leon, Training Specialist II, Judicial Education Division, Academic Affairs Office,
March 19, 2010
·
Mr. Matthew R. Fajardo, Training Specialist II, Court Personnel Education Division, Academic
Affairs Office, March 19, 2010
·
Ms. Angelyn P. Maligaya, Training Specialist II, Mediation Education, Training and Monitoring
Division, March 19, 2010
·
Mr. Seiko Abe Sinahon, Training Specialist II, Mediation Education, Training and Monitoring
Division, March 19, 2010
·
Mr. Ryan Jay S. Orcullo, Storekeeper IV, Administrative Division, Administrative Office, March 19,
2010
·
Ms. Rushelle P. Dizon, Training Specialist I, Judicial Education Division, Academic Affairs Office,
March 19, 2010
·
Mr. Ruehl Aldea, Training Specialist I, Court Personnel Education Division, Academic Affairs Office,
March 19, 2010
·
Ms. Maria Luisa A. Magno, SC Chief Judicial Staff Officer, Budget Division, Finance Office,
September 23, 2010
·
Mr. Rowel E. Saule, Computer Operator II, Information Systems Division, Administrative Office,
(assigned to PTC, Tagaytay City), December 2, 2010
·
Ms. Vanessa B. Espera, Bookkeeper I, Accounting Division, Finance Office, December 2, 2010
·
Mr. Antonio C. Pedroso, Security Guard III, Administrative Division, Administrative Office (assigned
to PTC, Tagaytay City), December 2, 2010
Lateral appointment/transfer
·
Ms. Jane Antonniete D. Fernandez, Accountant II, Accounting Division, Finance Office, December
2, 2010
UPDATES ON STANDING COMMITTEES
PHILJA ManCom
Implementation
·
Approval of the Activation of the PTC Executive Committee (PTC-ExeCom) per Administrative
Order No. 102-2009, “Defining the Organization, Powers and Functions of the Philippine Judicial
Academy Training Center, Tagaytay City”
·
Facilitation of the issuance of NOSCA for the PHILJA Staffing Pattern including the PTC, Tagaytay
City
IN PURSUIT OF JUDICIAL EXCELLENCE
75
Studies
·
PHILJA Operations Manual (Draft and Review)
·
Management and Operations Plan for the PTC
·
Statistics on the Pre-Judicature Program
·
Overtime Pay/Compensatory Time-Off
Programs
·
Approval of the Inauguration of the PHILJA Training Center (PTC), Tagaytay City, on May 7, 2010
·
Approval of the PHILJA Anniversary Program and Recognition Awards for PHILJA personnel on
March 11, 2010
·
Approval of the PHILJA Outreach Program in Baguio City on November 15, 2010
Financial Matters
·
Approval of the transfer of the PMC Trust Fund to Treasury Bills
·
Approval of the payment of the MERALCO Bills of the PTC, Tagaytay City, under the PHILJA Fiscal
Autonomy Account for Training
·
Approval of the proposed accounting procedure for processing PDCI expenses, for submission
to the Board of Trustees
Publications
·
Approval of the 2009 Annual Report and its uploading to the PHILJA website
·
Approval of the revision of the handbook Introduction to PHILJA
Institutional Giveaways
·
Approval of the PHILJA Calendar design and purchase of calendar jackets
·
Approval of the purchase of brass and glass PHILJA-designed paperweights
PTC ExeCom
At its first meeting on July 27, 2010, the PTC ExeCom designated Mr. Romulo M. Abancio, Jr., of the
Corporate Planning Division, as Acting General Manager of the PTC. Since the approval of its membership
in August 2010, that included as regular members Prof. Sedfrey M. Candelaria, Head of the RPLO, and
Engr. Salvador P. Castro, Jr., PHILJA Consultant, the PTC ExeCom had been busy monitoring the cleanup
and completion phases of the PTC project. These involved the turnover of old furniture, fixtures, and
equipment to the SC-OAS Property Division; the testing, orientation, and commissioning of equipment
for the facility; and the monitoring of the contractor’s list of corrective work for completion. The PTC
ExeCom is also reviewing the draft of the PTC Implementing Rules and Regulations before it is formally
adopted for its operations.
The PTC also welcomed site visits such as the educational tour of the PTC facilities made by the
Metropolitan Trial Court Judges Association of the Philippines (MeTCJAP) during their 2010 convention.
76
ANNUAL REPORT 2010 I PHILIPPINE JUDICIAL ACADEMY
PMCO ExeCom
The PMCO ExeCom promulgated a total of 19 PMCO Resolutions for 2010, which were approved by the
PHILJA Board of Trustees (BOT) and the Supreme Court En Banc. Two significant Resolutions are the
Interim Guidelines for Implementing Mediation in the Court of Tax Appeals and the Consolidated and
Revised Guidelines to Implement the Expanded Coverage of Court-Annexed Mediation (CAM) and Judicial
Dispute Resolution (JDR).
Research Group
The PHILJA Research Group continued its Green Meetings and started the year with a seminar-workshop
on Combating Judicial Corruption and Strengthening the Rule of Law held on February 25-27, 2010, at the
Summit Ridge Hotel, Tagaytay City.
On August 2010, with the Research Group at the helm, PHILJA finished the Competency Enhancement
Training (CET) for Judges and Court Personnel Handling Child Abuse and Trafficking Cases of all Family
Courts. Under this program, PHILJA trained a total of 150 judges, 148 branch clerks of courts, 135
interpreters, 121 court social workers, 132 prosecutors, 139 PAO lawyers, 31 PNP personnel, 24 CA lawyers,
10 SC lawyers and 49 observers. The CET Facilitators’ and Participants’ Handbooks were also revised for
the continuing conduct of the CET.
The Research Group also submitted to the SC Subcommittee on Family Court: (1) the Proposed
Guidelines Where Child Abuse Victim Desists, Recants, Impeaches His/Her Own Testimony or is Unable
or Unavailable to Testify in Court, and (2) the Draft Guidelines to All Courts Handling Family Relations
Cases and Cases Involving Children (Rule on Court-Annexed Family Mediation and Code of Ethical Standards
for Mediators).
In addition, the RG members partnered with the International Women Judges Association (IWJA),
the Dutch Government, and the Philippine Women Judges Association (PWJA) on the project “Stopping
the Abuse of Power for Purposes of Sexual Exploitation: Naming, Shaming and Ending Sextortion.”
ADR Grievance Committee
The Alternative Dispute Resolution (ADR) Grievance Committee was created on March 23, 2004, pursuant
to the “Implementing Rules and Regulations on Mediation in the Trial Courts,” as provided for in
Administrative Matter No. 04-3-15-SC.
·
Complaints against mediators are filed through the Philippine Mediation Center Office. Finding a
complaint to be prima facie meritorious, the PHILJA Chancellor directs the Committee to investigate
the complaint and to submit a report and recommendation after 30 days.
Out of three complaints filed against mediators in 2009, two were resolved in 2010, with two
mediators suspended for one month and one censured. Of the eight complaints filed in 2010, one
complaint was dismissed for lack of merit and one mediator was suspended twice. Five complaints
were recommended for further investigation
·
For 2010, the complaints consisted of the following:
.
failure to render mediation services
.
overlapping of mediation schedules
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.
dishonesty and falsification of documents
.
violation of the ADR Grievance Committee’s order of suspension
.
unequal distribution of cases
.
collecting affidavits of desistance from the Courts and making it appear that the cases were
mediated
.
abuse of authority
.
lack of authority to act for PHILJA/PMCO
.
bias in conducting mediation proceedings
.
non-compliance with the Order of the Court and that of the PMCO.
PDC-PIC
·
As of January 6, 2010, the work on the Main and Lodging Buildings of the PHILJA Training Center
(PTC) is 74.99 percent complete. Intervening circumstances extended the construction period to
February 26, 2010. In a letter dated July 8, 2010, the PDC–PIC issued a Certificate of Completion to
E.M. Cuerpo, Inc., the Works Contractor for the Project, declaring the PTC substantially complete,
without prejudice to the EMCI completion of the punchlist works.
·
With World Bank funds for the renovation of the Annex Training Facilities (ATF, formerly the Clubhouse),
the PDC–PIC coordinated with TCGI Engineers, Inc., design consultant for the Project, for the revision
of the design of the ATF to include the Global Distance Learning Network (GDLN) suggested by the
World Bank.
·
At its 182nd Meeting on June 4, 2011, the PDC–PIC approved the final drawings, technical specifications,
and cost estimates for the ATF, which were referred to the Bids and Awards Committee for Action
Program for Judicial Reform (BAC-APJR) for the procurement of a works contractor.
·
In December 2010, the works contract was awarded to E.M. Cuerpo, Inc. for a six-month construction
period with a non-extendible deadline for completion on June 30, 2011.
Seminars Attended by PHILJA Officials and Staff
Seminars Attended by PHILJA Officials
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Human Resource Development Sessions
To achieve and sustain efficiency and effectiveness, the Academy continues to empower its personnel
through its human resource development programs.
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FINANCIAL REPORT
The graph shows the sources of funds for the operation of PHILJA activities. Funds are provided by the
Supreme Court-Fiscal Autonomy, JRSP-WB, and MDS for PHILJA’s regular programs, special focus programs,
and GOP counterpart for special focus programs. PMC Funds are used exclusively for its operations as provided for in section 9, Rule 141 of the Rules of Court. Various grants helped in the implementation of the
Academy’s Projects.
The graph shows the gross amounts received
as grants and donations, which contributed to
the Academy’s Funds for the implementation
of its projects and programs for the year.
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PHILJA PRAYER
by Fr. Ranhilio C. Aquino, PhD, JurDr
Father of the Eternal Word,
the same Yesterday, Today, and Forever,
You call forth from all creation,
all that is noblest and most exalted.
In Your people’s thirst for justice,
we recognize a yearning for Your Kingdom,
When we, Your sons and daughters,
render unto each other that which is due and fair,
we serve You and conform ourselves to Your Holy Will.
Grant that through us,
Your servants at the Philippine Judicial Academy,
the courts of our land may be so permeated by Your Spirit
and strive for excellence in the Judiciary,
so that there may be established among us,
a reign of justice and of profound
respect for the rights of all.
Make us instruments of justice and equity,
by serving with competence and ardor,
so that all may see Your hand at work in our world,
and Your compassion guiding us through PHILJA’s history.
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PHILJA HYMN
by Fr. Ranhilio C. Aquino, PhD, JurDr
They ascend the dais
Our ministers of the law
At the Bench they preside
Our High Priests of Justice
To the plaint of all they must give ear
And to all who before them stand
They must render right and redress the wrong.
Refrain
To imbue their hearts with a passion for justice
To set their souls ablaze with zeal for the law
To nurture them in the truth
And to steel them in adversity
Thus, we swear to serve at the Philippine Judicial Academy.
Respect for the law
In all they must impress
Confidence in its processes
They must in all inspire
With motives pure and conscience clear
Render justice as the law ordains
At the Supreme Court’s Academy, this is our pledge.
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