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The Bar Tribune August 2012

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The Bar Tribune August 2012 Powered By Docstoc
					 IBP: Celebrating 40 years, 1973 - 2013                                                                                August 2012
                                                                                               IBP moCk Poll

                                                                                                  abad, sereno,
                                                                                                   Brion on top
                                                                                                 SC insiders preferred in survey




DEFINING THE BEST PERSON FOR THE POST. The July 16 IBP forum brought together law deans, Bar
leaders, heads of lawyers organizations and private practitioners.


Celebration of transparency

 IBP Holds 2-day                                                                                   Supreme Court Associate Justices
                                                                                               Roberto Abad, Ma. Lourdes Sereno and


Forum For Next Cj
                                                                                               Arturo Brion topped the mock balloting for
                                                                                               the next Chief Justice conducted by the
                                                                                               IBP during its Board meeting held July
                                                                                               28, 2012 at the IBP National Office. Nine
      Stakeholders define criteria, nominees present agenda                                    members of IBP’s Board of Governors
                                                                                               and 13 National Officers participated in
     A week before the Judicial & Bar Council (JBC) held the first ever                        the poll.
live media coverage of interviews of candidates for the new Supreme
                                                                                                   The top 10 picks were:
Court Chief Justice, the Integrated Bar of the Philippines sponsored the
first ever public forum on the selection process at its National Office in                     1. Associate Justice Roberto Abad
Ortigas Center.                                                                                2. Associate Justice Ma. Lourdes
     “We are all part of history in the making,” said IBP President Roan                          Sereno
Libarios, as he opened the first forum last July 16 featuring law deans,                       3. Associate Justice Arturo Brion
                                                                                               4. Former UP Law Dean Raul
private practitioners, a former SC associate justice, Bar leaders and a
                                                                                                  Pangalangan
SC watchdog group.                                                                             5. Associate Justice Teresita Leon-
     “The IBP has taken it upon itself to help strengthen public discussion                       ardo de Castro
in the search for the next Chief Justice,” Libarios declared. “The IBP be-                     6. Acting Supreme Court Chief Justice
lieves that in the search for the next Chief Justice, public transparency                         Antonio Carpio and PCGG Chair-
                                                                                                  man Andres Bautista
is the best policy.”
                                                                                               7. Solicitor General Francis Jardeleza
     The recently concluded Senate impeachment trial has raised the bar                        8. Securities and Exchange Commis-
of transparency in choosing the next Chief Justice. The current process                           sion Chairperson Teresita Herbosa
is unprecedented, featuring live media coverage of the applicants’ inter-                         and Former Representative Ronaldo
views at the Judicial & Bar Council, submission of waiver of confidential-                        Zamora
ity of bank accounts and the making public of the JBC scoring system.
                                                                                                    IBP Public Information Officer Atty.
“The IBP wishes to promote transparency and accountability in public                           Trixie Cruz-Angeles clarified that “the
office by engaging the public in the process of selecting the next Chief                       votes reflect only the individual prefer-
Justice,” Libarios said.                                                                       ences of the Board of Governors and Na-
                                                                              - see page 3                                  - see page 3


IBP Central Luzon
Regional Convention                  8          CJ Nominees’
                                                Profiles                       16               Mindanao Region
                                                                                                Resolutions                 37
                                                             EdIToRIAL

       The Bar Tribune                                                        The CJ Search Process

                                                                               a deFININg momeNt
         Volume 8                       Number 5

    Official Publication of the
Integrated Bar of the Philippines
    15 J. Vargas Ave., Ortigas Center, Pasig City
  Tel. No. 63.2 6313014 • Telefax No. 63.2 9100417
Website: www.ibp.ph • Email: ibp_national@yahoo.com                                                       Roan I. Libarios

          Board of Governors                               After the cathartic impeachment trial, the      becomes expensive, if not inaccessible to the
               roAn i. liBArios
                                                       search for the next Chief Justice (CJ) is shap-     vast majority of its stakeholders – the poor and
                   Chairman                            ing up as a defining moment and a potential         underprivileged. Thus, a WB study ranked the
              denis B. hABAWel
              Governor for Northern Luzon
                                                       game-changer for the judiciary.                     Philippine justice system in the lower bottom
               oliViA V. JAcoBA
                                                           Compared with the past, the selection for       among the countries in Asia.
               Governor for Central Luzon              the next CJ is by far the most transparent and           The second is the scourge of corrup-
              VicenTe m. JoyAs
              Governor for Southern Luzon
                                                       the most hotly contested. Spiked by live media      tion. An SWS survey revealed that public per-
             dominic c.m. solis                        coverage of the selection process, public inter-    ception of corruption in the judiciary is perva-
              Governor for Greater Manila              est is also at its record peak. And the stakes      sive. As to the sources of corruption, they are
       leonor l. GeronA-romeo
           Governor for Bicolandia                     could not have been higher.                         ranked as follows – 1) judges and justices ask
            mAnuel l. enAGe, Jr.                           The incoming Chief Justice will preside         for bribes (39%); 2) litigants pay bribes (36%);
             Governor for Eastern Visayas
                                                       over a judiciary still reeling from the impeach-    and 3) lawyers suggest bribes to win cases
           erWin m. forTunATo
            Governor for Western Visayas               ment of its highest magistrate (for failure to      (20%). And corruption breeds contempt of the
           isrAeliTo P. Torreon                        properly declare his assets) and seeking to         judicial process.
            Governor for Eastern Mindanao
                                                       renew itself amid the lingering crisis of public         The twin evils of clogged court dockets
             florendo B. oPAy
            Governor for Western Mindanao              trust and confidence in the justice system.         and corruption render our justice system inef-
                                                                                                           ficient, unreliable and unjust. They are the root
             National Officers
                                                                   Privileged membership                   causes behind the low level of public trust and
               roAn i. liBArios                                                                            confidence in the judiciary. They subvert so-
                 National President
        nAsser A. mArohomsAlic
                                                            In a Republican system, the Supreme cial justice, hinder economic development, and
              National Secretary                       Court is designed as the highest institution weaken democracy.
      mAriA TeresiTA c. sison Go
             National Treasurer
                                                       of justice and the last bulwark of democracy.
                Jose V. cABrerA
                                                       While the weakest of the three great branches                   The need for leadership
        National Executive Director for Operations     of government, the judiciary, headed by the
              rolAnd B. inTinG
      National Executive Director for Administration
                                                       Chief Justice, is also the noblest. It is entrusted      The path to judicial reform is narrow but
         rosArio T. seTiAs-reyes                       with dispensing fair justice, determining what clear and compelling. The twin evils of dock-
           National Director for Legal Aid             the law is, and upholding the guarantees of the et congestion and corruption must be tackled
       PurA AnGelicA y. sAnTiAGo
         National Director for Bar Discipline          Bill of Rights even as against the State. They head on and licked. And this requires leader-
           AliciA A. risos-VidAl                       are sublime functions that constitute the cor- ship of the highest caliber. It calls for clarity of
      National Director for Peer Assistance Program
                                                       nerstones of a true and vigorous democracy.         vision, a well-crafted program of action, and
           VicTor c. fernAndez
          National Director for Special Concerns            Thus, entry to the judicial branch is high- infinite passion to communicate the reform
              PAcifico A. AGABin                       ly restricted and privileged. No less than the agenda to stakeholders and to galvanize sup-
                  General Counsel
                                                       Constitution has decreed that membership is port. Massive political will and moral courage
      rose BeATriX cruz-AnGeles
            Public Information Officer                 limited only to lawyers who embody the four are also needed to implement the reform agen-
          merlin m. mAGAllonA                          lofty credentials of judgeship -- competence, da and bring about the desired results.
           Editor-in-Chief, IBP Journal
    PATriciA Ann T. ProdiGAlidAd
                                                       integrity, moral probity and independence. And           To the next primus inter pares in the Su-
          Assistant National Secretary                 in the entire judiciary, the Chief Justice is the preme Court, the real challenge lies in be-
            VicToriA V. loAnzon
              Assistant National Treasurer
                                                       primus inter pares, the first among equals.         coming the chief harbinger of judicial renewal
               dennis B. funA
                                                            At no other time in our history has the and reform. The Constitutional credentials of
           Deputy Director for Bar Discipline          search for the primus inter pares in the Su- judgeship -- competence, integrity, probity and
        rodolfo G. urBizTondo
            Deputy General Counsel
                                                       preme Court generated more public attention independence -- may not suffice. To make a
                                                       than today. With the new and refreshing spirit difference, the next CJ must provide effec-
                Editorial Staff                        of transparency sweeping the JBC, the search tive, honest-to-goodness, leadership. He or
          AurorA G. Geronimo
                                                       process, as aired live on media, has drawn she must be able inspire and lead the judici-
          JAryl Ann V. rAnchez                         public attention to the pressing problems that ary, steer its course from the backwaters of
           coronAcion P. chu
           ViViAn c. cAPiznon
                                                       beset our justice system.                           clogged dockets and corruption into the high
          mArissA T. AlmocerA                                                                              seas of judicial efficiency, integrity, independ-
             mylA l. BernAl
           cherryl m. ArTAJo
                                                                         The twin evils                    ence and excellence.
          mArilyn B. cABulAnG                                                                                   History bears witness to periods of great
          soledAd B. AfroilAn
              ruBy G. elizon
                                                            From the array of problems brought to the renewal being unleashed by cathartic events.
            Jerome m. ABellA                           spotlight, two clearly stand out. And they make The search for the new CJ has brought to the
            dondon d. sAmoy                            up the twin evils that gnaw at the core of the fore not only the ills of our justice system but
         mAriA mimosA m. rAmos
                                                       Philippine justice system.                          also the pressing need for solutions and re-
     Jose e. san Diego, Jr.                                 The first is the vicious menace of court forms. Coming on the heels of a cathartic im-
            Editorial Consultant                       docket congestion and case delay. With peachment trial, the historic search for the next
       eumir C. Lambino                                more cases flowing in than out, our courts are Chief Magistrate may prove to be a real game-
                  Layout Artist
                                                       drowning in clogged dockets. As a result, the changer, the spark that could bring the Philip-
We welcome feedback and suggestions.                   quality and delivery of justice suffer. Case de- pine justice system into a new era of renewal
Please write to ibp_national@yahoo.com                 lays also make our justice system anti-poor. It and renaissance.
                                                                                                                          The bar Tribune
IBP holds... from cover page
                                                  that helped improve case
    Meanwhile, the second forum held              management and dis-
July 20 featured nine of the 22 CJ can-           position in the Supreme
didates discussing their judicial philoso-        Court.
phies and reform agenda.                               Tantuico ran through
                                                  the other qualities and
[Note: As the Bar Tribune went to press,          skills of a Chief Justice:
the JBC has trimmed the original list to 20
applicants. Please turn to page 16-20 for           • Basic oral and written
the candidates’ profiles and pages 21-36              communication skills
for the candidates’ speeches delivered              • Must have practiced
during the July 20 forum.]                            law or has had ex-
                                                      perience sitting as a
     Libarios described the IBP events as             judge, with the wide
a “celebration of transparency,” declar-              perspective that goes
ing the IBP’s JBL Reyes Hall as “the new              with it.
portal of public information” on the selec-         • Leadership and the
tion of the next Chief Justice. In both fora,         ability to inspire oth-
members of the media were joined by IBP               ers, the employees of
members, law students, concerned citi-                the court and his col-
zens, columnists and social media blog-               leagues.
gers.
     Libarios also announced that results           Intellectual power,
of both fora will be forwarded to the JBC         administrative acumen
and the Office of the President to help in            and leadership
the evaluation of the candidate best suit-
ed to become the next Chief Justice.                   Atty. Pete Principe,
     While all the speakers in the July 16        president of the Philippine
forum were unanimous on the constitu-             Trial Lawyers Association
tional requisites of competence, integrity,       (PTLA), said he hoped
probity and independence, many were               that the next Chief Justice
more specific in defining what the best           “would have probity and
candidate for the post must possess.              independence and not be
                                                  swayed or intimidated by
      A “prototype” Chief Justice                 those who possess the
                                                  political and fiscal powers
    For Atty. Fina de la Cuesta Tan-              to impeach and remove him.”                     versity of Cebu College of Law brought
tuico of the UP Women Lawyers Circle                   He noted that aside from qualities the     with him the ideas and opinions of his
(WILOCI), Philippine Judicial Academy             next Chief Justice must possess -- citing       Cebu colleagues, whom he consulted in
chairperson emeritus and former SC As-            provisions of the Code of Judicial Con-         the preparation of his paper.
sociate Justice Ameurfina Melencio-Her-           duct, the 1987 Constitution and the Can-            Estenzo said the Chief Justice must
rera is her “prototype” for the CJ post.          ons of Judicial Ethics -- the Chief Justice     not only possess competence, integrity,
Tantuico started her legal career at the          post requires intellectual power, adminis-      probity and independence “but must be
SC as judicial staff head under Melencio-         trative acumen and leadership.                  perceived by everyone as actually pos-
Herrera.                                               Principe wished that the next Chief        sessing them.”
    “She could have been the first woman          Justice “would not suffer the same fate of          Other strengths the Chief Justice
Chief Justice,” Tantuico said, citing Me-         the impeached Chief Justice,” as he was         must have, Estenzo said, are:
lencio-Herrera’s exceptional academic re-         saddened at how the recent impeachment
cord, long experience as a judge, unsullied       trial “divided our people and sapped the        •   Managerial qualities to administer all
reputation as the epitome of industry and         time and resources of our government.”              the courts
integrity, and the ability to inspire others.     He lamented that the IBP itself “was not        •   Great executive will in shaping judicial
Tantuico also said the CJ candidate must          spared from the painful schism caused by            leadership for corruption-free courts
possess a passion for work and an inno-           the impeachment process.”                       •   Determination to remove “hoodlums
vative spirit, “one that is open to explore all                                                       in robes” to regain the trust and con-
possibilities to improve case management               No more “hoodlums in robes”                    fidence of the people in the judicial
and disposition.” She cited Melencio-Her-                                                             system
rera’s early initiatives in computerization           Dean Baldomero Estenzo of the Uni-          •   Zero tolerance for the miscarriage of
                                                                                                      justice through manipulation and brib-
                                                                                                      ery that have become “art form”
 Abad... from cover page                                                                          •   Imposition of strict values integration
tional Officers and should in no way be                Those who preferred an insider cited           for those charged with administration
                                                                                                      of justice
construed or interpreted as IBP’s official        experience and seniority while those who
                                                                                                  •   Fair and compassionate to the less
vote in the JBC deliberations.”                   preferred an outsider cited dynamism                privileged
    Meanwhile, final results of an infor-         and fresh perspective.                          •   Independent from political dictates
mal survey conducted among IBP chap-                   There are a total of 20 candidates vy-         and interest
ters showed that 78% of those surveyed            ing for inclusion in the shortlist of the Ju-   •   Responsive to the reforms of the Bar
preferred a Supreme Court insider to be-          dicial and Bar Council. President Aquino
come the next Chief Justice while 22%             will choose the next Chief Justice from             Estenzo also hoped that the next
wanted an outsider.                               the JBC shortlist by end of August.             Chief Justice would consider decentral-

                                                  IBP: Celebrating 40 years, 1973-2013                                                      3
august 2012

                                                               previous JBCs a "failure."          Olalia also said the Chief Justice and
    Part 1 speakers: The Stakeholders                          Lazatin has welcomed the        the Supreme Court must confront deep-
                                                               changes to the Chief Jus-       seated problems within the legal and
                                                               tice selection process insti-   judicial system – including endemic cor-
                                                               tuted by the present JBC.       ruption and “palakasan, gapangan or la-
                                                                    Lazatin identified are-    karan” – with the necessary grit and de-
                                                               as where the Chief Justice      termination to effect immediate as well as
                                                               must institute reforms:         long-term reforms.
                                                                                                   Olalia also sought reforms that he
                                                               • Administering and regu-       said are “closer to NUPL hearts and advo-
                                                               lating law schools in co-       cacy,” such as:
                                                               ordination with the Legal
                                                               Education Board                  •   Upholding and consistently applying
                                                               • Bar Examinations                   the political offense doctrine by man-
                                                               • MCLE (Mandatory Con-               dating the charging of proper crimes
• Tantuico       • Principe    • Estenzo       • Lazatin
                                                               tinuing Legal Education)             or striking down the filing of false
                                                               for practitioners                    charges against political dissenters
                                                               • Reforms among the jus-             and opposition and social activists;
                                                               tices, judges, clerks of         •   Disapproving the abusive practice
                                                               court, stenographers, pro-           of mechanical substitution of real
                                                               cess servers, sheriffs               names for generic John/Jane Does
                                                               • Reforms in accepting               in informations and warrants of ar-
                                                               cases that will go up to the         rest against persecuted individuals,
                                                               Supreme Court                        and dismissing cases resulting from
                                                               • Allow finality of decisions        such practice;
                                                               in specialized courts like       •   Abandoning or reversing the doc-
                                                               CTA, NLRC, Sandigan-                 trine in Ilagan v. Enrile “to make the
                                                               bayan, COMELEC, Civil                writ of habeas corpus really effective
• Olalia         • Victorino   • Espejo        • Tamano        Service Commission, etc.             and useful”;
                                                                                                •   Reforming and revising the remedy
                                                                    He also said the Chief          of the writ of amparo to foreclose ob-
                                                               Justice must know the es-            stacles and loopholes to its effectiv-
                                                               sence of the power of judi-          ity for those whose lives, liberty and
                                                               cial review and be able to           security are under continuing attack;
                                                               handle fiscal autonomy.          •   Expediting the resolution of cases
                                                                                                    against human rights violators to
                                                                A dignified statesman,              abate continuing impunity particular-
                                                                    not a politician                ly on extrajudicial killings, disappear-
                                                                                                    ances, and torture;
                                                                    Atty. Edre Olalia of        •   Studying the creation of Special Hu-
                                                               the the National Union of            man Rights Courts to exclusively
• Bacungan       • Agustin     • Quimbo        • Pe            People’s Lawyers said the            try and dispose of civil and criminal
                                                               country needs a Chief Jus-           cases of human rights violations and
                                                               tice “who is first and fore-         implementing a special procedure
                                                               most a master of law, who            for such purpose to make legal rem-
                                                               can give straightforward             edies simple, expeditious and acces-
                                                               answers to complex legal             sible; and
                                                               questions; who will uphold       •   Addressing and instituting concrete
                                                               and apply consistently               and practical measures against un-
                                                               doctrines of law; fairly ad-         duly prolonged and cumbersome le-
                                                               judicate conflicts between           gal processes that have “fossilized”
                                                               rights and interests in so-          many cases.
                                                               ciety; address issues that
                                                               expose the deficiencies,             A former JBC member speaks
• Mawis          • Maceda      • Solis         • Martinez      harmonize the disparities,
                                                               and ultimately, perhaps              Dean Raul Victorino of the Philippine
izing the venue of the Bar examination to      correct the flaws and inadequacies of the       Christian University College of Law, who
benefit the poor but deserving law gradu-      legal and judicial system within the limit of   is a retired Sandiganbayan Justice and a
ates who live in the provinces.                its role and duty.”                             former member of the JBC (representing
                                                    Olalia fleshed out the other qualities     the private sector), said the JBC must be
             The JBC “blackbox”                of a Chief Justice:                             guided by constitutional ideas and strictly
                                                                                               adhere to the constitutional mandate for
    Vincent Lazatin, Executive Director        •   Paragon of independence, impartial-         judiciary members. He said that as a for-
of Transparency and Accountability Net-            ity, fairness and objectivity.              mer JBC member he has been “independ-
work, used the metaphor of a “blackbox"        •   Sensitive to the plight of the ordinary     ent and accountable only to his God and
to describe the previous selection pro-            person                                      to the people” he serve.
cess.                                          •   Moral ascendancy and authority to be             Victorino said the next Chief Justice
    "Names came in to the blackbox and             able to inspire the trust, confidence       must be competent in the rule of law and
after two weeks, names would come out,"            and respect of the bar, the bench and       be of proven integrity. Among the essen-
said Lazatin. "We never really knew the            the general public                          tial qualities mandated in the Constitu-
process," he said, calling the record of the   •   Foresight and prudence                      tion, Victorino emphasized judicial inde-

4                                              IBP: Celebrating 40 years, 1973-2013
                                                                                                                           The bar Tribune

pendence. He said the next Chief Justice          equally and importantly a communicator           but change that impacts the marginalized
must be “unwavering in maintaining and            and an administrator, someone who will           sectors of the society.”
defending the court’s independence” as            win back the people’s confidence in the              Quimbo said a Chief Justice takes on
required in the Constitution while main-          judiciary.”                                      multiple roles -- a teacher, leader, father,
taining a harmonious relationship with the                                                         CEO and moral example all at the same
other branches of the government. “The                   Three constitutions in one                time. “It requires super human qualities.
next Chief Justice must not be beholden                                                            One would be a true Filipino to merely ac-
to the appointing power; be free from any              Former UP College of Law Dean Froi-         cept the position and be serious about it
kind of pressure from the other branches          lan M. Bacungan agrees with the prescrip-        because the position of Chief Justice of
of government or from the parties or from         tions of those who preceded his talk and         the Philippines requires one to be ready
colleagues; be an exemplar or what is             went a step further, naming Acting Chief         to sacrifice his own life.”
good and dutiful above measure and an             Justice Antonio Carpio as his choice for             Quimbo recognizes the awesome
upright public servant.”                          the next Chief Justice. But if Carpio is not     power in the position of Chief Justice. “A
                                                  chosen, Bacungan said he is for Justice          Chief Justice has the power and he must
  Aspirant must be politically neutral            Secretary Leila De Lima.                         use that power to change the practice of
                                                       Bacungan also told his audience of          law. Someone who will revolutionize the
     For Dean Abraham C. Espejo of New            law stakeholders that the Constitution is        practice of law in a way that it becomes
Era University College of Law, the next           three constitutions in one: a constitution       true service, a man or woman who can
Chief Justice must be able to withstand           of sovereignty, a constitution of law and        work to produce a new generation of at-
political pressure.                               a constitution of rights. He said it is impor-   torneys who will simply be good lawyers.”
     “The next Chief Justice must not be          tant to realize that it is the Supreme Court
afraid to take a stand for what he thinks         that made the constitution the constitution                 Consensus builder
is right. He cannot be submissive to what         of rights.
the executive branch wants him to do or                                                                 Dean Perry L. Pe of Palawan State
to what the legislative branch will dictate.”            A patriot and revolutionary               University College of Law says the next
     Espejo said the track record of aspir-                                                        Chief Justice must be a consensus builder
ants must be carefully checked to prevent              Atty. Rodrigo Quimbo of Quisumb-            more than anything else.
situations where the Chief Justice be-            ing Torres Law Office said the Chief Jus-             Making a pitch for legal education,
comes a puppet of the executive. “Once            tice must be a patriot. “He must love our        the managing partner of Romulo Mabanta
a puppet, always a puppet,” Espejo be-            country. A Chief Justice must have the           Sayoc & Buenaventura Law Firm also
lieves.                                           capacity to subordinate all interest to pat-     said that a Chief Justice who does not un-
     “If there is a presidential action that      riotism.”                                        derstand the situation of the law schools
will violate the Bill of Rights, he must de-           At the same time, Quimbo said, the          cannot and should not be a Chief Justice
clare that to be illegal and if a law is passed   Chief Justice must be a revolutionary. “He       “because judicial reform should start from
that amounts to class legislation, then by        must be ready use his position to institute      the law students and the law schools.”
all means declare it unconstitutional,” Es-       change. Change that will be significant not           Pe also called for reforms in the bar
pejo asserted. “He should take care that          merely to judges and court employees,            examinations and in MCLE (Mandatory
checks and balances will remain not just          nor merely to lawyers and businessmen,           Continuing Legal Education). “A Chief
in theory but more importantly that these
checks are actually applied in practice.”               Part 2 speakers: The Nominees
     Espejo also said a Chief Justice must
have a “broad view of the law,” meaning
someone who has had the opportunity to
see how the law has been applied in ac-
tual disputes.
     Neither should an aspirant support a
political party, group, or philosophy, Espe-
jo declared, which he believes limits one’s
view of what the law should be.
     Espejo also batted for a Chief Justice
with “moderate temperament.” “He must
be gentle and compassionate,” he said.

   Administrator and communicator
                                                  • Sereno                • Bautista               • Abad                • Sarmiento
      Dean Adel Fadel A. Tamano of Li-
ceo de Cagayan University College of
Law and presently Vice President for
Public Affairs and Communications for
Coca-Cola Bottlers Philippines, said that
it is vital for a Chief Justice to have the
power to communicate and inspire confi-
dence in the judiciary. “He must be a good
administrator of justice as well as a great
communicator of the rule of law,” Tamano
said.
      The well-known television host said
the Chief Justice should be a leader for
the judiciary of the 21st century, “some-
one who is transparent without fear of be-        • Morales               • Pangalangan            • Valdez              • Siayngco
ing accountable and someone who is also

                                                  IBP: Celebrating 40 years, 1973-2013                                                      5
august 2012
Justice must know practice of law and         ally effective, “must possess outstanding        • He/she must live an upright and moral
should be able to reform the MCLE,” he        ability and commanding stature as well as          life.
said.                                         the purity and nobility of a Sir Galahad.”       • He/she must be accountable and must
    Pe said a Chief Justice must be able           Dean Agustin summed up the quali-             not be a person who has once defied the
to impart reforms in the judiciary. Taking    ties the next Chief Justice must have:             law or even a decision of the Supreme
a comprehensive view of the legal profes-     inspired vision, excellent character, wide         Court.
sion, Pe argued that a Chief Justice “must    legal knowledge and experience, proven           • He/she must have Leadership and Man-
be able to understand the meaning of          administrative skills and a burning pas-           agement skills. He/She must unite, mo-
what is it to become a judge; he must be      sion to energize and transform the ad-             tivate and inspire people around him,
able to teach the judges through PHILJA;      ministration of justice into a transparent,        must be ready to challenge norms, a
he must be able to reach out to the pro-      accountable, and effective justice system.         must be reformer specially on judicial
cess servers, to the sheriffs, to the ste-                                                       matters.
nographers and to the clerks of court. A         A profound and lasting influence              • He/she must be assertive without being
Chief Justice must also know what is it to                                                       offensive.
bring or what case to be brought to the            Dean Ma. Soledad Deriquito-Mawis            • He/she must show respect so that he
Supreme Court. And in the academe, a          of the Lyceum of the Philippines College           may be respected.
Chief Justice must be able to understand      of Law, says the public want a Chief Jus-        • He/she must know when to say I am the
the basic questions.”                         tice who will have a profound and lasting          Chief Justice of the Philippines.
                                              influence on the daily lives of the litigants,   • He/she must not only be learned in law
       Administration of justice              in the Bench and in the Bar, and in the            but must also be a patriot.
        must be transformed                   development of the country.                      • He/she must be willing to sacrifice his
                                                   She listed the qualities the Chief Jus-       time.
     Dean Antonio Agustin of the School of    tice must possess:                               • He/she must not be loyal to anyone but
Law, Manuel L. Quezon University, said                                                           to the institution he serves.
the lessons of the impeachment trial itself   • He/she must know how to truthfully and         • He/she must be a Role Model and inspi-
can help define the best candidate for the      honestly declare his/her assets and li-          ration to the students of law.
position of Chief Justice.                      abilities.                                     • He/she must be able to teach law and ju-
     He said that while age, citizenship or   • He/she must know how to prepare and              risprudence with critical pride.
judicial experience can be documented           defend his statements of assets and li-        • He/she must always be vigilant.
and verified, the constitutional require-       ablities.
ments of competence, probity, integrity       • He/she must know how to properly cite              The moral right to judge others
and independence would require care-            sources lest he/she be accused of pla-
ful determination using the candidates’         giarism; he/she must observe proper                 Dean Ernest B. Maceda of the Pa-
SALNs, other documents as well as the           court decorum.                                 mantasan ng Lungsod ng Maynila Col-
public interview.                             • He/she must know how to foster camara-         lege of Law shared the definition of integ-
     Agustin also discussed the benefits of     derie among his peers without compro-          rity as “the moral right to judge others.” He
having an insider or outsider for the top       mising the law, integrity and the inde-        said integrity is extremely important and
SC post. An insider, he said, is already        pendence of the Judiciary.                     must unite with the other equally impor-
familiar with the internal systems, pro-      • He/she must know how to say NO to his          tant qualifications of the candidates.
cedures and problems of the Supreme             family and friends.                                 He lists the following criteria for the
Court. The disadvantage to an insider, he     • He/she is one who must interpret the law.      position of Chief Justice:
said, is he may already be “tainted with      • He/she must not decide on or make Judi-
the vices” or “been harboring the deadly        cial Legislation when in the Bench.                • Competence
virus infecting the system.” On the other     • He/she must declare his/her relatives              • Knowledge of the Law
hand, Agustin said, an outsider, to be re-      who will take the Bar.                             • Respect of Human Rights




6                                             IBP: Celebrating 40 years, 1973-2013
                                                                                                                        The bar Tribune
    • Sensitivity to the needs of the poor       lectual capacity must be honed and tested        •   A Chief Justice must have the ca-
    • Leadership                                 in the clarity of his logic and the strength         pability to implement resolutions
    • Administrative ability                     of his discourses, as shown by the deci-             with fortitude and patience.
    • Ability to build consensus                 sions he has written. One who fastidiously       •   Probity and integrity are the most
    • Adherence to the rule of law               does his or her homework.”                           crucial qualities that the best can-
                                                      Solis added that a Chief Justice “must          didate should have. Probity means
    Dean Maceda also underscored                 earn the awe and respect not only of his             uprightness, adherence to the
the value of independence as a security          peers but of the public that he serves;              highest principles, synonymous to
against encroachment by other co-equal           must possess probity and independence                honesty, integrity, morality and vir-
branches of government. He clarified,            of mind; and must be fearless.” Solis said           tuousness.
however, that independence does not              that in order to restore public confidence       •   Integrity as a firm adherence to
mean not being oblivious to public senti-        in the judiciary, “he must not only be im-           truth, especially moral values, syn-
ment.                                            partial and judicious but that he must be            onymous to uprightness, probity,
                                                 publicly perceived to be one and appear              morality, righteousness and vir-
          A leader and scholar                   impartial and judicious at all times, espe-          tuesness.
                                                 cially in the face of a popular Executive        •   The best candidate should above
     Atty. Ronald Olivar Solis, President of     and a strong Legislative Leader.”                    all be a GOD-FEARING individual.
the Philippine Bar Association, says the                                                              The best candidate should not be
Chief Justice must be both a leader and                      Probity & integrity                      subject of control by any one. He
a scholar.                                                                                            must be a man with wisdom and
     He said a leader “must understand                In preparing for the IBP public forum,          good conscience, a man of prin-
what the Court’s problems are, and know          former SC Associate Justice and cur-                 ciple and conviction, a man with
how to solve them. He must possess the           rent Adamson University College of Law               good judgment, and faithful to the
imagination and political skills to lead a di-   Dean Ma. Alicia Austria-Martinez said                Constitution, and a man of integ-
vided and often fractious court to work in       she sought the views of her relatives and            rity, he must have a love of the
unison towards quick and effective solu-         friends, some of them via text messaging.            country, one who will set aside
tions to problems that presently confront             The best candidate for Chief Jus-               self-interest; a person who is able
the judiciary.”                                  tice, she reiterated, must possess all the           to think independently.
     “As a Leader,” Solis added, the Chief       qualities cited in the Constitution, such as     •   A Chief Justice should be God-
Justice “must have the concrete vision           competence, integrity, probity, and inde-            fearing, humble, strong build, hon-
about how to go about solving the most           pendence. But since the determination of             est and has compassion for the
pressing problems of the court today; that       such qualities is “essentially subjective in         poor. A person who lives a simple
is, how to decongest the clogged dockets         nature,” she said the key is for the JBC to          lifestyle. Maka-Diyos, may sariling
and offer novel and useful ways to speed         have an “accurate discernment” of such               desisyon, tapat sa servisyo, maka-
up trials and prompt resolution of cases.”       qualities.                                           tao at maka-bayan, dedicated sa
     “To be able to do this, the Leader-              Austria-Martinez expounded on her               trabaho at mapagkakatiwalaan,
Chief Justice must be savvy and tech-            criteria, ranging from the intellectual to the       must have experience of all the
nologically in step with the many uses of        spiritual:                                           subject areas covered by the judi-
computers, the internet, and information                                                              ciary law.
and communication technology which                 •   As to competence, she said the                                             (JESD)
make every day life more productive and                best candidate should have an
efficient in this information age.”                    “above average intellect in the law
     As a Scholar, Solis pointed out that              so that the independence of the ju-
the Chief Justice “must be a giant among               diciary may be safeguarded, main-
intellectuals. His or her exceptional intel-           tained and upheld.”




                                                 IBP: Celebrating 40 years, 1973-2013                                                     7
august 2012


   IBP CeNtral luzoN CoNveNtIoN:
rains No match for spirit and enthusiasm
                                           By Aurora G. Geronimo




    The rains that poured at the         de Lima: impeachment was             Constitution and serve the country,
start of the IBP Central Luzon Re-            about public trust              the courts and the public. [The full
gional Convention failed to damp-                                             text of Secretary De Lima’s speech
en the spirit and enthusiasm of                                               appears on page 14.]
the 260-strong assembly that con-
vened on June 28 at the Mimosa                                                          Escudero:
Convention Hall in Clarkfield, Pam-                                               “Kung walang itinatago,
panga.                                                                            walang dapat katakutan”
    Governor for Central Luzon
Region, Atty. Olivia Velasquez-
Jacoba, standing tall and proud
and every bit belying five decades          The first speaker of the day
of law practice and advocacy,          was Justice Secretary Leila M. De
banged the gavel to signal the start   Lima, who found time between of-
of proceedings.                        ficial meetings in Manila to address
    The presidents of each of the      her colleagues in the profession.
seven chapters (Bataan, Nue-           Secretary De Lima maintained that
va Ecija, Bulacan, Pampanga,           the recent impeachment trial of for-       Meanwhile, Senator Francis
Pangasinan, Tarlac and Zambales)       mer Chief Justice Renato Corona        “Chiz” Escudero, arriving in his sig-
came in full force, parading with      was not about judicial transpar-       nature faded jeans, said he was
their chapter pennants, followed by    ency or judicial independence, nor     deeply saddened that long after the
the Regional Officers, National Of-    was it a struggle between branch-      impeachment proceedings have
ficers, Board of Governors, the Na-    es of government. It was, she said,    been put to rest, the issue was still
tional President and Central Luzon     about “public service being a pub-     a raging topic.
local government executives, es-       lic trust.”                                Escudero, who has signed a
corted by PNP officers. Delegates           On yet another plane, Secre-      waiver in regard to his bank ac-
and guests stood solemnly for the      tary De Lima batted for a shift in     counts, believes that the standard
Invocation, National Anthem and        the focus of MCLE (Mandatory           that was applied to former Chief
the IBP March.                         Continuing Legal Education) to         Justice Renato Corona in the im-
                                       teaching lawyers how to uphold the     peachment trial should be applied

8                                      IBP: Celebrating 40 years, 1973-2013
                                                                                                   The bar Tribune

to everyone in the public service,      and Bar Council, namely: 1) to al-      tive image for the legal profession
with wide disparity between the         low live media coverage of the ap-      so that it may continue to be an ef-
SALN and one’s actual assets be-        plicants’ interviews; 2) to open the    fective and unassailable pillar of
ing ground for removal from office.     selection process to qualified ap-      justice and a relevant instrument
“Kung walang itinatago, walang          plicants from the Bar and Bench         for the attainment of a just and hu-
dapat katakutan,” he declared.          and not just to senior members of       mane society.
    Moving forward, Escudero en-        the Supreme Court; 3) to require
couraged everyone to participate        applicants to execute a waiver of           Pampanga’s native son
in the selection of the new Chief       confidentiality of bank accounts, in-
Justice, saying that the process is     cluding SALN, in favor of the JBC;
not over until the next Chief Justice   and 4) to disclose to the public the
is appointed.                           individual votes of JBC members,
                                        including their scoring system, on
   IBP’s CJ selection criteria          all qualified applicants.
                                            Libarios reiterated that the re-
                                        cent impeachment trial has elevat-
                                        ed the standards of transparency
                                        and accountability and strength-        Another legal luminary and
                                        ened the rule of law and democ-     guest speaker was Pampanga’s
                                        racy in the country.                native son and former Solicitor
                                                                            General Estelito P. Mendoza. Atty.
                                             Governor Umali’s hope          Mendoza recounted with pride how
                                                                            the late President Ferdinand Mar-
    Meanwhile, National President                                           cos had called him ”my loyal law-
Roan Libarios told the partici-                                             yer” to illustrate the importance of
pants that he was glad to be back                                           a lawyer’s relationship with his cli-
in Clarkfield. He said that with its                                        ent. Atty. Mendoza delivered a lec-
impressive line up of speakers,                                             ture on the subject “Litigation and
the convention was headed for                                               the Courts.”
the same success it achieved two                                                Keynoting the convention was
years ago. He also congratulated                                            Senior Associate Justice Antonio
the Pampanga Chapter for hosting            Pampanga Governor Aurelio Carpio, whose keynote speech
the Central Luzon Regional Con-         Umali, who was represented by centered on judicial reform. [The
vention for the second time.            Provincial Administrator Alejandro full text of Senior Associate Justice
    President Libarios also shared      Abesamis, said it was his hope that Carpio’s speech at the Central Lu-
with the delegates the criteria for     convention will remind everyone of zon Convention appears on page
the selection of the next Chief Jus-    his sworn duty to uphold the truth 10.]
tice which the IBP Board of Gov-        and the Rule of Law. He called on
ernors submitted to the Judicial        lawyers to build a strong and posi-




                                        IBP: Celebrating 40 years, 1973-2013                                      9
august 2012


     judICIal reForm IN tHe PHIlIPPINes
     [Speech delivered during the Central Luzon Regional Convention of the Integrated Bar of the Philippines, June 29, 2012]

                                                         Antonio T. Carpio
                                               Senior Associate Justice, Supreme Court

                                                  cases. Clogged dockets impair social           by simply going to the website of the
                                                  justice, hinder economic development,          court. Right now, a litigant with a pend-
                                                  and erode public confidence in the             ing case in the CA can go to the CA
                                                  Justice System and ultimately in the           website, type his case number, and
                                                  entire Government.                             instantly he will know if a decision or
                                                       Trials should ideally take not more       resolution has been issued, and if one
                                                  than two years to finish. At present,          has been issued, he can download a
                                                  21% of trials take 2 to 5 years to finish,     copy. A litigant can also go to the CA
                                                  and 13% take more than 5 years to fin-         compound in Manila where there is a
                                                  ish. On the other hand, cases should           computer kiosk. The litigant can find
                                                  ideally be decided as prescribed by the        out the status of his case by simply
                                                  Constitution: not more than 24 months          typing on the touchscreen of the com-
                                                  for the Supreme Court, not more                puter kiosk the case number or title of
                                                  than 12 months for all other appellate         his case.
                                                  courts, and not more than 3 months
                                                  for all other 3 lower courts, all counted      c. The Judiciary must adopt a simpli-
                                                  from the date of submission for resolu-        fied trial procedure for all trial courts.
                                                  tion of the case. At present, the Judi-        The present trial procedure, which is
                                                  ciary does not fully comply with these         obsolete, cumbersome and time con-
                                                  timelines. Since public office is a public     suming, is a principal factor for the
     President Roan Libarios, Central Lu-         trust, the Judiciary must account to the       clogged dockets of the Judiciary. To
zon Governor Olivia Velasco-Jacoba, oth-          public for the clogged dockets.                eliminate clogged dockets, there has to
er Governors and Officers of the IBP, fel-                                                       be a sea change in how courts conduct
low members of the IBP, my co-workers in       2. The solution to clogged dockets is a           trials. Even if courts can comply with
the Judiciary and in Government, friends,         combination of measures to address             the constitutional timelines in deciding
a pleasant morning to you all.                    case management, performance, pro-             cases submitted for decision, the trial
     I wish to thank you for inviting me          cedural, case filtering, personnel, and        of cases still drags on too long.
this morning. Your theme in this Conven-          judge-population issues.                             The way forward is to adopt a sim-
tion - Promoting Integrity, Transparency                                                         plified trial procedure patterned after
and Accountability in the Justice System          a. The Judiciary must adopt a com-             the four existing special rules adopting
- is timely considering that the Judiciary        puterized case management system               simplified trial procedures, namely: (1)
needs to learn, and implement, the les-           (CMS) for all courts, from first level         the Revised Rule on Summary Pro-
sons from the recent impeachment of               courts to the Supreme Court. The tem-          cedure which has been implemented
the former Chief Justice. These lessons           plate for this CMS is the two-year old         by first level courts in certain cases
pertain to integrity, transparency and ac-        case management system of the Court            for over ten years now, (2) the Interim
countability in the Judiciary. Of course,         of Appeals (CA), which is widely ac-           Rules of Procedure Governing Intra-
the Judiciary is only one of the pillars of       knowledged worldwide as a success.             Corporate Controversies which have
the broader Justice System that includes          PJ Andres Reyes of the CA estimates            been implemented by second level
the community as well as agencies of the          that by the end of this year 2012, the         courts also for over ten years now,
Executive branch.                                 CA will comply with the constitutional         (3) the Rules of Procedure for Envi-
     This morning allow me to express my          directive that CA cases should be de-          ronmental Cases adopted two years
personal thoughts on Judicial Reform,             cided within 12 months from date of            ago, and (4) the Rules of Procedure
which inevitably touches on integrity,            submission for resolution. We have             for Intellectual Property Rights Cases
transparency and accountability in the Ju-        to thank our development partner, the          adopted last year. Sufficient jurispru-
diciary. Judicial reform is always a work         USAID, for their support in developing         dence has developed over these exist-
in progress, and the Judiciary must keep          the software for the CMS of the CA.            ing simplified trial procedures. It is high
on building on past initiatives to address                                                       time to expand these simplified trial
intractable problems as well as emerging          b. If the CA can do it - that is, comply       procedures to all civil cases.
ones. I shall discuss case decongestion,          with the constitutional directive - then             Thus, in all civil cases not pres-
integrity and independence of judges,             all other appellate courts, including the      ently governed by special simplified
transparency and accountability in the Ju-        Supreme Court, should be able to do it         trial procedures, the direct testimony
diciary, infrastructure needs of the Judici-      also. A CMS for trial courts, similar to       of witnesses shall be by affidavit only
ary, compensation of judges, court admin-         the CA CMS, will be pilot-tested in all        (except for hostile witnesses), subject
istration, and training and career path for       Quezon City trial courts before the end        to cross-examination by the adverse
judges. These are my personal thoughts,           of this year. If successful, the trial court   party. All affidavits of witnesses shall
as I do not claim to speak for the entire         CMS will be deployed nationwide.               be submitted before the start of the tri-
Court.                                                 The CMS will allow the CJ, PJ, the        al. This alone will cut down trial time by
                                                  Court Administrator and the Deputy             at least one-half. Objections to ques-
I. CASE dECoNGESTIoN                              Court Administrators, to monitor on-           tions will merely be noted by the judge,
                                                  line, and in real time, the caseload, ag-      who anyway knows what testimony is
1. The number one problem of the Judi-            ing, and the rate of disposition of cases      admissible or not, unlike jurors in the
   ciary is clogged dockets, arising from         of any judge or justice. The public can        jury system. Demurrer to evidence,
   delays in trial, and delays in deciding        also find out the status of their cases        motions to dismiss, motions for bill of

10                                             IBP: Celebrating 40 years, 1973-2013
                                                                                                                      The bar Tribune
particulars, motions for reconsidera-          e. The Judiciary must work for legis-            cases per first level judge, in Makati
tion, motions for extension of time to         lation that makes appointment to trial           1,167 cases per first level judge, and
file pleadings,and petitions for certiora-     courts by level of court, not by specific        in Taguig 1,161 cases per first level
ri, prohibition and mandamus against           branch. Right now, an MTC judge who              judge. Clearly, there is a need to reen-
interlocutory orders, shall be prohib-         wants to transfer as an MTC judge to             gineer the distribution of courts in rela-
ited, as they are now prohibited in the        a neighboring city or municipality must          tion to population to insure an equita-
four existing special rules adopting           go through another appointment, as if            ble distribution, and faster disposition,
simplified trial procedures.The judge          he is applying for the first time. This          of cases. This re-engineering requires
shall take active part in questioning          means he must again be nominated by              legislation.
witnesses. After trial, the parties shall      the JBC and appointed by the Presi-
submit their respective memoranda              dent, just to be an MTC judge again
of facts and law, which the judge may          in a neighboring city or town. Every
adopt, in whole or in part, in writing his     time a judge makes a lateral trans-
decision.                                      fer like this, he accumulates political
      The simplified trial procedure in        debts, which weaken his independ-
these four existing special rules can          ence.
be combined with the Guidelines for                 In the Executive branch, a bureau
Litigation now being pilot-tested in Qu-       or regional director can simply be as-
ezon City trial courts, which simplify         signed from one station or region to
further the trial procedure in the four        another by the department head with-
existing special rules on simplified trial     out need of a new appointment from
procedures.                                    the President. This should also be the
      In criminal cases, the simplified        case in the Judiciary. Once appointed         II. INTEGRITY, INdEPENdENCE &
trial procedure in the Revised Rule on         a first or second level judge by the              ACCoUNTABILITY
Summary Procedure, which already               President, the judge can be assigned
applies to crimes where the imposable          by the Supreme Court to a particular          1. Equally important as case decongestion
penalty is arresto mayor or lower, can         branch within the same court level.              is how to insure and maintain integrity
be applied to crimes where the impos-          The Supreme Court should be able                 and independence among judges and
able penalty is prision correccional.          to assign and reassign judges within             justices. The Constitution mandates
      The great majority of pending cas-       the same court level based on the                that judges and justices must have
es in first and second level courts are        caseload of courts, and the need for             integrity (probity) and independence,
criminal cases, constituting 80% of all        lateral advancement of judges.                   aside from competence.
pending cases. Delays in the trial of
criminal cases are largely due to the          f. A high vacancy rate in the position        2. The gatekeeper of integrity and in-
absence of prosecutors, the absence            of judges in trial courts naturally con-         dependence is the Judicial and Bar
of public defenders, or the absence            tributes to clogged dockets. At pre-             Council (JBC), which must insure that
of prosecution witnesses. While these          sent, the overall vacancy rate in first          no one who does not possess integrity
factors are beyond the control of the          and second level courts is 25.6%. This           and independence gets into the list of
Judiciary, they contribute most to the         includes unfunded and unopened trial             nominees submitted to the President.
congestion of court dockets. The Judi-         courts. The vacancy rate in funded               If the JBC deems it necessary that
ciary will have to work closely with the       and opened trial courts, or existing             nominees to the post of Chief Justice
Executive branch to address this im-           trial courts, is 22.4%. These vacancy            should execute bank waivers to verify
portant issue.                                 rates are quite high, exacerbating the           their Statement of Assets, Liabilities
                                               already clogged dockets. The vacancy             and Net Worth (SALN), and hence
d. The Judiciary must strengthen and           rate in existing trial courts should ideal-      determine their integrity or honesty in
expand      court-annexed     mediation        ly be less than 5%, to account only for          declaring their assets, then the bank
(CAM) and judicial dispute resolution          the time needed to fill vacancies arising        waiver requirement must also apply
(JDR), which filter cases and ensure           from normal retirements, promotions              to all other applicants to the Judiciary.
that only cases that cannot be amicably        and resignations. In the United States,          This is not an additional qualification
settled go to trial. This means setting        the vacancy rate in existing federal             for the office, but merely a tool to deter-
up more mediation units, and training          district courts is currently at 10%, and         mine the integrity of the applicant, simi-
more judges on judicial dispute resolu-        they are already talking of a judicial cri-      lar to the requirement to submit police,
tion. The figures are very encouraging:        sis or emergency. The JBC will have to           Ombudsman and court clearances.
out of 209,165 civil cases mediated            find ways to reduce the vacancy rates
as of May 2012, the success ratewas            in first and second level courts.             3. Decisions of a judge or justice are the
63.76%; and out of 23,979 civil cases                                                           best evidence of the competence, in-
placed under judicial dispute resolution       g. The number of courts in a locality            tegrity and independence of the judge
as of May 2012, the success rate was           must follow a judge to population ratio.         or justice. A decision can reveal wheth-
39.53%. Judicial dispute resolution is a       Manila, with a population of 1,652,171,          er the judge or justice knows his law,
second layer filtering mechanism as it         has 30 first level courts, or a ratio of         whether a judge or justice has favored
applies to cases where mediation has           one first level judge for every 55,072           a litigant, and whether a judge or jus-
failed. In effect, mediation and judicial      residents. Makati, with a population of          tice has a steely or wimpy decisional
dispute resolution, which now apply to         510,383, has 7 first level courts, or a          independence. Practicing lawyers can
almost 80% of all first and second lev-        ratio of one first level judge for every         tell, from a collection of decisions of
el courts, can filter out 78% of all civil     72,911 residents.                                a judge or justice, whether the judge
cases filed with first and second level             Taguig, with a population of                or justice has competence, integrity
courts. Mediation and judicial dispute         644,473, has only 1 first level court, or a      and independence. In constitutional
resolution are huge successes in the           ratio of one first level judge for 644,473       cases,decisions or opinions of a jus-
battle to decongest the dockets of trial       residents. This disparity is reflected in        tice can reveal whether the justice has
courts.                                        the caseloads of first level courts: in          decisional independence vis-à-vis the
                                               Manila, the average caseload is 242              Executive or Legislative branches. Yet

                                             IBP: Celebrating 40 years, 1973-2013                                                     11
august 2012
   the JBC has not adequately evaluated            parency and accountability policy of              es. All courthouses to be constructed
   decisions of applicants in screening            the Supreme Court. This is really a no-           in the country should be patterned af-
   nominees to the Judiciary. The JBC              brainer since all these financial reports         ter these model courthouses, which in-
   must give greater weight to decisions           are public documents.                             corporate all the design and equipment
   of applicants who seek promotion in                                                               needed for an efficient and modern
   the Judiciary.                                                                                    courthouse.
        The IBP must make its own evalu-
   ation of the decisions of a judge or jus-                                                      4. Internet connection for all courthouses
   tice to assist the JBC in determining the                                                          is now a necessity. Access to the Su-
   competence, integrity and independ-                                                                preme Court’s E-Library will put at the
   ence of applicants seeking promotion                                                               fingertips of all judges nationwide all
   in the Judiciary. The IBP can submit                                                               the jurisprudence and laws they need
   its own evaluation thru its permanent                                                              in writing decisions. The E-Library now
   representative in the JBC. In this way,                                                            contains, in full text searchable format,
   the IBP will give practical and tangible                                                           all Supreme Court decisions from 1901
   meaning to the theme of this Conven-                                                               to the present, as well as all laws from
   tion - how IBP can help promote Integ-                                                             1900 to the present. Supreme Court
   rity, Transparency and Accountability        III. INFRASTRUCTURE                                   Circulars and Manuals can also be
   in the Justice System.                                                                             found in the E-Library. So are rules and
        Indeed, other groups with acknowl-      1. Adequate courthouses are necessary                 regulations of all government agencies
   edged competence in evaluating deci-            for the administration of justice. All ap-         that are required to be filed with the
   sions of judges and justices, like law          pellate courts have decent and ade-                U.P. Law Center before they can take
   school faculties and professors, should         quate courthouses, but not the first and           effect. Decisions of the Supreme Court
   submit to the JBC their own evaluation          second level courts. The existing Halls            are uploaded to the E-Library within
   of decisions of applicants seeking pro-         of Justice can accommodate only 22%                days from their promulgation.
   motion in the Judiciary. Law professors         of all existing first level courts, and only            Every judge and justice will be pro-
   also have a permanent JBC represent-            51% of all existing second level courts.           vided with a USB 3G wireless thumb-
   ative who can articulate their evalua-          This glaring shortage of courthouses               drive that, once inserted in his laptop
   tion.                                           nationwide needs to be addressed.                  or desktop, will directly connect him
                                                   The annual GAA must provide a budg-                to the Supreme Court website where
4. Once a person is appointed judge or             et for a programmed construction, over             he can access the E-Library. The trial
   justice, the gatekeeper function is             the next decade, of more courthouses               judge can upload his monthly report
   passed on to the Supreme Court,                 throughout the country.                            of pending cases to the OCA section
   which has the constitutional power to                                                              of the Supreme Court website. When
   discipline judges and justices of lower      2. The City of Manila, founded more than              the CMS of trial courts is deployed, the
   courts. The Supreme Court can cre-              440 years ago, with 104 trial courts,              system can automatically upload to the
   ate permanent administrative tribunals          comprising more than ¼ of all trial                OCA updates on pending cases and
   to handle administrative complaints             courts in Metro Manila, still does not             other data. The USB thumbdrive can-
   against judges and justices, instead of         have a Hall of Justice today. It is re-            not be used to go to any website other
   the present ad hoc investigative bod-           ally a shame that the capital city of              than the Supreme Court website. The
   ies. This will expedite the resolution of       the Republic does not have a Hall of               Supreme Court approved two weeks
   administrative complaints.                      Justice. The judges in the City of Ma-             ago the procurement of the USB
                                                   nila continue to hold office and trials in         thumbdrives. We have to thank again
5. The leaders of the Judiciary must lead          cramped and dilapidated rooms and                  the World Bank for its support in set-
   by example. The successful organi-              courtrooms. The construction of the                ting up the E-Library and in procuring
   zations are those whose leaders lead            Manila Hall of Justice must be revived             the USB thumbdrives.
   by example. The leaders of the Judi-            as soon as possible. There is already                   Incidentally, the E-Library is a
   ciary, and I refer to the Chief Justice         a lot for the Manila HOJ titled in the             project that I initiated one year after I
   and the Associate Justices of the Su-           name of the Supreme Court – almost a               joined the Supreme Court. It involved
   preme Court, must be the embodiment             one hectare lot at the back of the Ma-             scanning all decisions of the Supreme
   of integrity and independence for the           nila City Hall.                                    Court since 1901, as well as all laws
   rest of the Judiciary to follow. Thus, the                                                         since 1900. We scanned, whenever
   Supreme Court Justices should lead           3. With funding from the World Bank, the              available, the original of Supreme
   in complying with the law by disclos-           Supreme Court was able to construct                Court decisions and the laws printed in
   ing their SALNs as mandated by the              two model courthouses. The first mod-              the Official Gazette.
   Constitution and the law. The Supreme           el courthouse, located in Lapu-Lapu
   Court has done this as part of the les-         City, was inaugurated in December              IV. CoMPENSATIoN & BENEFITS
   sons learned from the recent impeach-           2007. The second model courthouse,
   ment trial.                                     located in Angeles City, will be inau-         1. There is a saying that to maintain a
                                                   gurated next week, July 5, 2012. The              good judiciary, you must choose your
6. The Judiciaryshould embrace transpar-           construction of these two model court-            judges well, but above all, you must
   ency and accountability in governance           houses is part of the Judicial Reform             pay them well. To choose our judges
   by publishing its COA Audited Annual            Support Program initiated by former               well, we have the JBC. But to pay our
   Reports, its collections and disburse-          Chief Justice Hilario Davide in 2001.             judges well, we have the salary stand-
   ments of the Judiciary Development              The third and last model courthouse               ardization law, which does not distin-
   Fund (JDF) and the Special Allowance            should be the Manila Hall of Justice,             guish between judges and non-judges.
   for Judges (SAJ), as well as all other          which should be constructed once the                  Under the SSL, judges and non-
   financial reports required by law. If you       funding is secured, hopefully with as-            judges have the same pay even if they
   go to the Supreme Court website, you            sistance again from our development               do not have the same work and re-
   will see all these reports now posted           partner the World Bank, whom we must              sponsibility. So how do we resolve this
   online. This is part of the new trans-          thank for the first two model courthous-          issue of paying our judges well?

12                                              IBP: Celebrating 40 years, 1973-2013
                                                                                                                         The bar Tribune
                                                   the difference that instead of holding           Court appoints the clerks of court.
2. A new law, RA No. 9946, makes the               office in Manila, the DCAs will hold of-
   monthly pension of retired judges               fice right in their areas of jurisdiction.    2. The Philja can expand the Pre-Judica-
   equivalent to the salary of incumbent           In short, we simply station the DCA              ture Program into a one-year masteral
   judges. So when incumbent judges get            for Mindanao in Davao City and the               degree course open even to new law-
   a salary increase, the monthly pension          DCA for Visayas in Cebu City, along              yers. You do not have to go abroad to
   of retired judges, which is tax-free, also      with their immediate staff. The DCAs             get a masteral degree from a prestig-
   gets the same increase. There is also           can visit the trial judges more often and        ious institution. The Pre-Judicature
   the SAJ under RA No. 9227, which                know their problems better. They can             Program of Philja will be more relevant
   entitles judges to a monthly allow-             also attend to these problems faster.            to practicing lawyers than masteral
   ance equivalent to 100% of their basic          Problems on maintenance of court-                courses abroad. Those who complete
   monthly salary. While the best com-             houses and the requisition of supplies           the course can be employed as clerks
   pensation and benefit packages are              can be addressed immediately without             of courts in first and second level court.
   those given to officials in government          bringing the problem to Manila. Pa-              Right now, clerks of court of first level
   financial institutions, judges are better       perwork, like travel authority, leave of         courts do not have to be lawyers. With
   compensated compared to govern-                 absences of judges, or acceptance of             this program, new lawyers can see a
   ment officials in the regular executive         resignations of court employees, need            clear career path in the Judiciary start-
   departments. Even then, the Supreme             not be approved in Manila as what is             ing with the Pre-Judicature Program.
   Court must continue to find ways to             happening now.                                   This will follow the practice in other
   improve the compensation package of                                                              countries that provide a career path
   judges and justices.                         3. In the future, if there is a need to decen-      in the judiciary for lawyers as soon as
                                                    tralize further the OCA, RCAOs can be           they pass the bar.
3. LGUs give judges in their areas month-           established gradually starting in fara-
   ly allowances. This may give rise to a           way regions. There is no need, how-               I said earlier that the Judiciary must
   conflict of interest or weakened inde-           ever, to regionalize immediately the         learn the lessons from the recent im-
   pendence on the part of judges when              OCA. We can first simply physically          peachment trial. These lessons touch on
   the LGU or its officials have cases be-          locate the DCAs right in their areas of      integrity, transparency and accountability.
   fore these judges. In one case, LGU              jurisdiction. There is one vacant DCA        But beyond these, the Judiciary must also
   officials withheld the monthly allow-            now and another one will be vacant be-       address other pressing problems beset-
   ance when the LGU lost a case be-                fore the end of the year. By changing        ting the Judiciary, like clogged dockets,
   fore one of the judges. To remove this           the job description of two DCAs, one to      inadequate infrastructure and facilities,
   conflict of interest issue, one province         be stationed in Mindanao and another         the need for competitive compensation for
   decided to give a monthly lump sum               in the Visayas, we can expeditiously         judges, over-centralization of court admin-
   to the Supreme Court, for the Court              decentralize the OCA into three areas        istration, and the need to provide training
   to allocate to the judges in that prov-          - Luzon, Visayas and Mindanao.               and career path for judges. I am happy to
   ince. This should be the template for                                                         share with you this morning my personal
   all financial assistance to be given by      VI. TRAINING ANd CAREER PATH FoR                 thoughts on Judicial Reform, involving
   LGUs to judges - the financial assis-            JUdGES                                       ideas accumulated from more than a dec-
   tance should be given direct to the Su-                                                       ade of service in the Supreme Court, and
   preme Court for the Court to allocate to     1. There are many who have passed the            from knowledge acquired in implement-
   judges stationed in the particular LGU.         very tough Pre-Judicature Program             ing, observing or studying Judicial Reform
                                                   of the Philippine Judicial Academy            programs, in the Philippines and in other
V. AdMINISTRATIoN oF TRIAL                         (Philja). However, they have not been         countries. I share these thoughts with you
   CoURTS                                          employed in the Judiciary. The JBC            because Judicial Reform is too big to be
                                                   rules provide that those who pass the         undertaken by the Judiciary alone. Judi-
1. First and second level courts nation-           Pre-Judicature shall enjoy preference         cial Reform can happen only with the co-
   wide are administered by the Office of          in the selection of nominees for vacan-       operation of all stakeholders in the Justice
   the Court Administrator (OCA), which            cies in the lower courts. But many of         System – the Judiciary, the Executive and
   is under the Supreme Court. The OCA             them are not appointed as judges even         Legislative Branches, the Bar and the
   is centralized in Manila and there are          if they are included in the JBC list sub-     public. All stakeholders must work ear-
   no decentralized offices in the regions,        mitted to the President. The Supreme          nestly together because a well-functioning
   other than the now defunct pilot Re-            Court can give them preference in the         Judiciary is essential for good governance
   gional Court Administration Office              appointment of clerks of court, which         and for the economic development of our
   (RCAO) in Region VII. The Judici-               will give them more preparation for           country. Judicial Reform is simply too im-
   ary is probably the only government             appointment later as judges. This can         portant to fail. Thank you, and once again,
   agency, with extensive operations in            easily be done since the Supreme              a good day to all.
   all regions nationwide, that has not
   yet regionalized. You can just imagine
   the problems, in terms of logistics, fi-
   nance, maintenance, and personnel, in
   administering all trial courts nationwide
   from one central office in Manila.

2. The OCA used to have one DCA for
   Mindanao, and another DCA for the
   Visayas. Today, the DCAs are as-
   signed to a mix of regions nationwide,
   which means they travel to regions in
   Luzon, Visayas and Mindanao, while
   holding office in Manila. The OCA
   should go back to the old set-up, with

                                                IBP: Celebrating 40 years, 1973-2013                                                      13
august 2012


        From HuBrIs to HumBle servICe:
              a lawyer's CHoICe
   [Speech delivered during the convention of the Integrated Bar of the Philippines Central Luzon Region,
                    June 28, 2012, Mimosa Convention Hall, Clark Field, Pampanga.]

                                                       Leila M. de Lima
                                                Secretary, Department of Justice

                                               and compromised from within?                   text, and moving forward with a clear un-
                                                    In truth, the issues were much more       derstanding of why things unfolded the
                                               ordinary than what they were hyped up to       way they did, is the key to restoring the
                                               be. What was at stake was personal rath-       nobility and glory of our profession.
                                               er than institutional. It was, and always           Let's face it, we may all say that the
                                               will be, about the integrity, transparency     IBP and its members are in favor of pro-
                                               and accountability of one man - his worthi-    moting integrity, transparency and ac-
                                               ness of the people's trust and confidence.     countability in the justice system - but how
                                               It was one person who was on trial, and it     many people will actually believe that we
                                               was that same person who was adjudged          mean what we say?
                                               accountable.                                        In a society that has become notori-
                                                    Any attempt to make it about the in-      ously distrustful of lawyers and judges,
                                               dependence of the judiciary, or the honor      where our supposed lack of integrity as a
                                               of the Supreme Court as an institution         class underlies every punch line of virtu-
                                               is to betray a lack of understanding and       ally all lawyer jokes ever conceived, it has
                                               respect for our Constitution, and for the      become too easy for ordinary people to
                                               Filipino people who ordained and promul-       believe the worst about members of the
                                               gated it. There was so much talk of the        Bench and Bar. Everyone hates dealing
                                               principle of separation of powers, yet the     with us, and everyone, especially the poor
                                               equally Constitutionally entrenched coun-      and underprivileged, dreads having to
                                               tervailing principle of checks and balanc-     deal with the justice system, which they
      Good morning, ladies and gentlemen!      es was conveniently forgotten. Cannot          have come to believe was labeled ironi-
It is an honor and a pleasure to be among      the two other branches of government           cally.
the members of the Integrated Bar of the       perform the sacred duty vested in them              Can we blame them? Unfortunately,
Philippines (IBP) of Central Luzon, and        by the Constitution to keep one another        no. People only react to what they see,
most especially to be a part of your Re-       in check without being accused of over-        and what they see is an ineffective sys-
gional Convention during such a critical       stepping their boundaries and of having        tem, unresponsive to their needs, and
period for all of us belonging to the legal    ill motives? To paraphrase and apply by        afflicted with systemic and endemic cor-
profession!                                    analogy Justice Jose P. Laurel's land-         ruption. It may be unfair, I know, but not
      The past six or so months have been      mark pronouncement, when the execu-            difficult to understand. Undoubtedly, there
characterized with conflicts so momen-         tive and the legislature do their respective   are still some honest, hard-working men
tous they've pitched our ranks into ap-        constitutionally enshrined duty to ensure      and women who are dedicating their lives
parent dissension, with one side pitted        the accountability of impeachable public       to making the system work - in fact, I
against the other, seemingly championing       servants, they do not assert any superior-     would hazard to state that there are more
different causes. One side's battle cry was    ity over the judiciary, but only asserts the   good than bad lawyers and judges out
for transparency and accountability, while     solemn and sacred obligation assigned to       there. But, as the adage goes, it takes but
the other's was about judicial independ-       them by the Constitution to uphold the ba-     one rotten apple to spoil the bushel.
ence and its refusal to succumb to the al-     sic and fundamental principle that public           We have to see and understand ex-
leged attempt by the Executive Branch at       service is a public trust.                     actly what went wrong for us to have a
subjugation, supposedly in collusion with           Yes, I am well aware that we are past     fighting chance of regaining the honor
members of the Legislature.                    that stage now, so you must be wondering       and pride we've always associated with
      I, however, never bought into the at-    why I would start my message by recount-       our titles, whether it be "Attorney" or "Your
tempt to characterize the issues of the last   ing such events, which some may wish to        Honor".
few months into such a dichotomy. No one       forget entirely.                                    Perhaps that is precisely what's wrong
who truly understood the issues, purely             I do so not to unnecessarily belabor      in our profession. We earn our degrees,
and without attempts at sensationalism,        the fall from grace of one man, but to drive   we pass the bar, and we get those four
could help but see that it was never about     the point that though the post he once         letters "A-T-T-Y" attached to our name
factions in the legal profession. It was       held, that of Chief Justice of the Republic    and, suddenly, we have instant stature,
never a struggle between competing prin-       of the Philippines, is undoubtedly as pow-     rank and semblance of respectability -
ciples. It was never about a constitutional    erful as any position can get in our system    even though we may have yet to really ac-
crisis or a struggle for supremacy among       of government, his removal from office         complish anything for society to truly earn
the three branches of government. It was       does not solve the problems that plague        such respectability and stature. It's this
never about choosing between transpar-         our judicial system. The impeachment tri-      hubris and sense of entitlement that has
ency and accountability on the one hand,       al and the resulting verdict are not meant     perhaps spoiled our perception of who
and judicial independence on the other -       to be the panacea that would, somehow,         we are. We forget that when we took our
for truly, what good will judicial independ-   magically make everything alright again.       lawyer's oath, we have effectively entered
ence do for our people if it were corrupt           However, seeing it in the proper con-     a profession that is about service and not

14                                             IBP: Celebrating 40 years, 1973-2013
                                                                                                                           The bar Tribune
about being served. We get so used to the        er than the common good and the Rule of          important point I wish to make: that is,
deference shown to us by people that we          Law. But, in truth, those in private prac-       it doesn't matter as much as we think it
forget that a huge part of the weight that       tice - whether they belong to a big firm or      does.
our title brings comes from the weight of        are conducting a solo practice - have the             Of course, it is important to choose
our obligations to our country, to the Con-      same obligations, regardless of the fact         the right person for the post, but we have
stitution, to the laws, to the courts, to the    that they have the particular interests of       to understand that whoever will ultimately
people, whether they be our clients or not       their clients to serve.                          be hailed as the 24th Chief Justice, he or
and, yes, to God.                                     We say that the IBP is for promot-          she is not the be all and end all of the ef-
     People have learned long ago that           ing integrity, transparency and account-         forts to reform the judiciary.
just because one is called "Honorable"           ability in the justice system, but just how           In fact, the most effective and en-
and "Your Honor" does not mean that one          many advocates actually come before the          during reform efforts are those that are
is necessarily so in truth and in fact. That's   courts with an earnestness to prove their        built from the ranks of practicing lawyers,
probably the best known form of "legal fic-      legal skills in presenting the merits of their   whether in the public or private sector -
tion" they've come to be unwittingly famil-      cause and are anxious about the verdict,         that's us. If we spent as much time reflect-
iar with. The only question is whether we,       and how many come in confident of win-           ing on what kind of lawyers we ought to
ourselves, in the midst of all these tradi-      ning their clients' cause, not because of        be, not the kind that would best serve our
tions, rituals and ceremonies, have suc-         their legal acumen, but because, some            personal interests, as we do speculating
cumbed to the delusion that just because         way, somehow, they've already secured            as to who the next Chief Magistrate would
people tend to be awed and subservient           judgment in their favor?                         be, then that is, by itself, going a long way
towards us in our dealings with them in               If there is corruption in the judiciary,    towards reforming the justice system. The
our professional capacity, that we are,          and there are judges whose integrity de-         Bench will correct itself if the Bar toes the
somehow, better than we really are, or           serves close inspection, it is inevitable that   line.
that we are, in any way, superior to them.       we will discover that there are members               Can we do that? I do not ask this of
Thus, the arrogance and the sense that           of the IBP who are tolerating, condoning         the IBP as a body, but of each of you as
we are, somehow, above the law and can-          and, yes, profiting from the weakness in         individuals.
not be held accountable for our faults.          the system.                                           You do not need to answer to me, or
     Since this Regional Convention is                We can, as a body, as members of            to your colleagues, or even to your par-
also about the continuing legal education        the IBP, pronounce that we are in favor          ents, spouses, or your children.
of our colleagues, I take this opportunity       of promoting integrity, transparency and              You only need to answer to yourself.
to propose a paradigm shift in the ethical       accountability in the justice system. But        Can you do it? Can you promise to toe
and professional education of the mem-           do we all, as individuals, mean it? Sincer-      the line, respect the Rule of Law, and do
bers of the Bench and Bar.                       ity is the key, which is why, even weeks         honor to the profession you chose to be-
     We have to be trained to serve, not         after the Senate, sitting as an Impeach-         come a part of? Can you keep your vows,
groomed to expect reverence and defer-           ment Court, rendered its verdict, we can-        as you yourself said, in good fidelity?
ence. We have to replace professional            not truly say that this battle is behind us.          Think about it. Think long and hard
pride, with humble service. We have to           No, in fact, it is only beginning, and the       before you answer. And before you finally
earn a real sense of honor, rather than          next difficult phase is to gauge the sincer-     do answer, know that, in the end, every-
taught to expect the empty platitudes that       ity and worthiness of the candidates for         body pays his or her dues - one way or the
mean less than nothing if the recipient of       the post of Chief Justice of the Supreme         other; willingly or unwillingly; with or with-
the gesture is in fact unworthy.                 Court, and to find that rare individual who      out honor. The impeachment of the Chief
     This applies equally to those who are       can effectively lead the embattled institu-      Magistrate ought to be proof enough of
in private practice, as to those who are in      tion. One who has the competence, the            that.
public service. It may be tempting to think      leadership qualities and the moral forti-             How do you want to pay yours?
that it is those who are in public service       tude to show the world what a truly honor-       Through a fall from grace due to exces-
who have a greater responsibility; that it       able Chief Justice can accomplish.               sive hubris? Or with honor through hum-
is only they who have sworn to protect the            In the end, no matter who will be           ble service?
weak and innocent. True, they may be in          chosen, it would be a leap of faith, for no           That's the question. That's the only
a better position to keep their vows best;       one truly knows what will happen in the          question.
after all, those in the public service, like     future, or read what's in the heart of the
myself, are meant to serve no interest oth-      candidates. But this brings me to the most




                                                 IBP: Celebrating 40 years, 1973-2013                                                      15
august 2012

                                   meet tHe NomINees




     ABAd, RoBERTo                   BAUTISTA, JUAN                    BRIoN, ARTURo                    CARPIo, ANToNIo
         AFAN                        ANdRES doNATo                         dIZoN                             TIRoL
Years in the Practice of Law:     Years in the Practice of Law:    Years in the Practice of Law :    Years in the Practice of Law :
21 years                          21 years                         35 years                          36 years

• Date of Birth: May 22, 1944     • Date of Birth: Mar. 28, 1964   • Date of Birth: Dec. 29, 1946    • Date of Birth: Oct. 26, 1949
• Place of Birth: Tondo, Manila   • Place of Birth: Quezon City    • Place of Birth: Manila          • Place of Birth: Davao City
• Age: 68                         • Age: 48                        • Age: 65                         • Age: 62
• Bar Examination Rating :        • Bar Examination Rating:        • 1st Grade Civil Service         • Bar Examination Rating:
  81.70 percent                     86.90 percent                    Eligible                          85.70 (6th place)
• Year Taken: 1968                • Year admitted to the Bar :     • Bar Examination Rating:         • Year Taken: 1975
• Year admitted to the Bar :        1991                             91.65 (Topnotcher)              • Year admitted to the Bar:
  1968                            • Admitted to New York State     • Year Taken: 1974                  1976
                                    Bar: 1995                      • Year admitted to the Bar:
  Educational Attainment                                             1975                              Educational Attainment
                                    Educational Attainment
• Ateneo De Manila University                                        Educational Attainment          • University of the Philippines
    - Bachelor of Laws            • Harvard Law School                                                   - College of Law
     (Dean’s Lister)                - LLM (1993)                   • Osgoode Ball Law School             - 1970 to 1975
    - 1964 to 1968                  - President, LLM Student           - Master of Laws                  - Cum Laude
• Manuel L. Quezon University         Council                          - 1994                        • Ateneo De Manila University
    - AB                            - Research Assistant to        • Ateneo De Manila University         - AB Economics
    - 1960 to 1964                    Professor Lawrence Tribe         - College of Law                  - 1965 to 1970
                                  • Ateneo de Manila University        - 1970 to 1974
  Professional Experience           - College of Law (1986 to          - Cum Laude                     Professional Experience
                                      1990) Valedictorian          • San Pablo Colleges
• Associate Justice of the          - Gold Medal for Academic          - 1969 to 1970                • Associate Justice of the
  Supreme Court (Aug. 2009            Excellence                       - AB Mathematics                Supreme Court (Oct., 2001
  to present)                                                                                          to present)
• Assistant Solicitor General       Professional Experience          Professional Experience         • Partner, Carpio, Villaraza &
  (July 1985 to July 1986)                                                                             Associates (1997 to 2001)
                                  • Chairman, Presidential Com-    • Associate Justice of the
     Teaching / Academic            mission on Good Govern-          Supreme Court (March 18,            Teaching / Academic
         Experience                 ment (Sept. 2010 to present)     2008 to present)                        Experience
                                  • President and CEO, Shang       • Secretary, Department of
• Dean of the Faculty of Civil      Properties (Sept. 2006 to        Labor and Employment (July      • University of the Philippines
  Law                               June 2010)                       3, 2006 to Mar. 17, 2008)         College of Law
    - University of Santo                                                                                - Professional Lecturer
      Tomas                           Teaching / Academic              Teaching / Academic               - 1983 to 1992
    - Taught Civil Procedure,             Experience                       Experience                    - Taught Corporation
      Criminal Procedure, Spe-                                                                              Law, Negotiable In-
      cial Proceedings, Evi-      • DLSU-FEU                       • Far Eastern University Insti-          struments Law, Credit
      dence and Legal Forms         - MBA-JD Dual Degree             tute of Law                            Transactions, Taxation
• Bar Reviewer for Ateneo De          Program (RCBC Campus             - Faculty Member
  Manila University and UST.        - May 2003 to Present              - 2005 to 2006
  Also lectured at Pamantasan       - Dean of Law Program              - Taught Practicum: Intro-
  ng Lungsod ng Maynila.            - Lecturer in Constitutional         duction to Study of Law
                                      Law                                (Part time)




16                                           IBP: Celebrating 40 years, 1973-2013
                                                                                                                 The bar Tribune

                                  meet tHe NomINees




   CAGAMPANG-                        dE CASTRo,                     dE LIMA LEILA NoRMA                 dIokNo, JoSE
dECASTRo, SoLEdAd                TERESITA LEoNARdo                    EULALIA JoSEFA,                  MANUEL ICASIANo
   MANTERoSo                                                            MAGISTRAdo
                                 Years in the Practice of Law :                                      Years in the Practice of Law :
Years in the Practice of Law :   39 years                          Years in the Practice of Law :    24 years
43 years                                                           26 years
                                 • Date of Birth: Oct. 8, 1948                                       • Date of Birth: Feb. 23, 1961
• Date of Birth: Dec. 15, 1944   • Place of Birth: Manila          • Date of Birth: Aug. 27, 1959    • Place of Birth: Not cited
• Place of Birth: Cabadbaran,    • Age : 63                        • Place of Birth: Iriga City,     • Age: 51
  Agusan del Norte               • Bar Examination Rating: 80.9      Camarines Sur                   • 1st Grade Civil Service
• Age: 67                        • Year Taken: 1972                • Age: 52                           Eligible
                                 • Year admitted to the Bar:       • Bar Examination Rating:         • Bar Examination Rating: not
  Educational Attainment           1973                              87.0150                           indicated (1987)
                                                                   • Year Taken: 1985
• University of Michigan Law       Educational Attainment          • Year admitted to the Bar:         Educational Attainment
  School                                                             1986
    - Doctor of the Juris-       • University of the Philippines                                     • Northern Illinois University
       prudence at Science           - Bachelor of Laws              Educational Attainment              - Juris Doctor of Laws
       (1976)                        - 1968 to 1972                                                      - Magna Cum Laude,
• University of Michigan Law         - Certificates of Merit for   • San Beda College                       American Jurisprudence
  School                               Academic Excellence,            - Bachelor of Laws                   Award for Judicial Ex-
    - Master of Laws (1972)            among the top 4 gradu-          - 1980 to 1985                       cellence in the study of
• Harvard Law School                   ates                            - Class Salutatorian                 contracts
    - Master of Laws (1971)      • University of the Philippines       - Faculty Award               • University of the Philippines
• UP College of Law                  - Bachelor of Arts            • De La Salle University              - Bachelor of Arts in
    - Bachelor of Laws               - 1964 to 1968                    - AB History-Political Sci-          Philosphy
    - Cum Laude (Class Val-          - Cum Laude                         ence (1976 to 1980)
       edictorian)                                                                                     Professional Experience
• Holy Ghost College               Professional Experience           Professional Experience
    - AB English and History                                                                         • Dean, DLSU College of Law
       (1960 to 1964)            • Associate Justice of the        • Secretary of the Depart-        • 2010 to 2012
    - Magna Cum Laude              Supreme Court (December,          ment of Justice (July 2010 to   • Private Practitioner, Alumni
                                   2007 to present)                  present)                          Center, University of the
  Professional Experience        • Presiding Justice, Sandigan-    • Chairperson, Commission on        Philippines Diliman (2006 to
                                   bayan (December 15, 2004          Human Rights (May 2008 to         2012)
• Consultant, De Castro &          to December 3, 2007)              June 2010)                      • Executive Director, Diokno
  Cagampang-de Castro Law                                                                              Law Center, 2006 to 2012
  Firm (2011 to present)             Teaching / Academic               Teaching / Academic
• Partner, De Castro &                   Experience                        Experience                    Teaching / Academic
  Cagampang-de Castro Law                                                                                    Experience
  Offices (2007 to 2011)         • University of Perpetual Help    • San Beda College of Law
                                   of Rizal, Las Pinas City            - 2006 to 2007                • De La Salle University
    Teaching / Academic               - 2001 to 2004                   - Taught Election Laws             - Full time Professor
        Experience                    - Taught Criminal Pro-           - Part-time semestral              - 2010 to 2012
                                        cedure, Public Inter-            contract                    • Ateneo Law School
• Philippine Christian Univer-          national Law, Private                                             - Part time professor
  sity College of Law (2010             International Law (Con-        - 1992 to 1994                     - 2003 to 2010
  – 2011)                               flict of Laws) and Legal       - Taught Transporta-
• Lyceum of the Philippines -           Counseling                       tion laws and Business
  Professional Lecturer (2005           (Part time)                      Organization
  to 2009)                                                               (Part-time) semestral
                                                                         contract


                                            IBP: Celebrating 40 years, 1973-2013                                                  17
august 2012

                                   meet tHe NomINees




 HERBoSA, TERESITA                JARdELEZA, FRANCIS                   LEGARdA, MARIA                       MoRALES, RAFAEL
      JAVIER                           HUISING                        CARoLINA TRINIdAd                        AVELINo
Years in the Practice of Law :    Years in the Practice of Law :     Years in the Practice of Law :     Years in the Practice of Law :
33 years                          35 years                           32 years                           37 years

• Date of Birth: Oct. 28, 1950     • Date of Birth: Sept. 26, 1949   • Date of Birth: Sept. 10, 1954    • Date of Birth: March 3, 1951
• Place of Birth: Manila           • Place of Birth: Jaro, Iloilo    • Place of Birth: Manila           • Place of Birth: Calbayog City
• Age: 61                          • Age: 62                         • Age: 57                          • Age: 61
• Bar Examination Rating:          • Bar Examination Rating :        • Bar Examination Rating: 84.4     • 1st Grade Civil Service
  88.1325% (18th place)              88.35 (Third Placer)              percent                            Eligible
• Year Taken: 1977                 • Year Taken : 1974               • Year Taken: 1980                 • Bar Examination Rating:
• Year admitted to the Bar:        • Year admitted to the Bar :      • Year admitted to the Bar:          87.79 percent
  1978                               1975                              1981                             • (Year Taken : 1974)
                                                                                                        • New York Bar (Admitted by
  Educational Attainment            Educational Attainment             Educational Attainment             Motion - 1986)

• University of Michigan Law      • Harvard Law School               • University of the Philippines        Educational Attainment
  School                              - Master of Laws (1976 to          - Bachelor of Laws
    - Master of Comparative              1977)                           - 1976 to 1980                 • University of Michigan
       Law Degree (1980)          • UP College of Law                    - 5th in class                    - Master of Laws (1977 to
• University of the Philippines       - Bachelor of Laws (1970       • University of Bristol, England         1978) - DeWitt Fellow
  College of Law                         to 1974)                        - BA History                   • UP College of Law
    - Bachelor of Laws (1978)         - Salutatorian / Cum               - 1972 to 1975                    - Bachelor of Laws (1970
    - Cumlaude/Salutatorian              Laude                                                                to 1974)
• University of the Philippines   • UP Iloilo College                  Professional Experience             - Cum Laude, Class Val-
    - 1968 to 1972                    - Political Science (1965                                               edictorian
    - AB Political Science               to 1969)                    • Senior Vice President-Chief      • University of the Philippines
                                      - Most outstanding gradu-        Legal Counsel, GSIS (March          - AB Political Science
  Professional Experience                ate                           2012 to present)                       (1966 to 1970) Cum
                                                                     • Project Management Team                Laude
• Chairperson, Securities and       Professional Experience            Leader, International Justice
  Exchange Commission (May                                             Mission (2012 to present)            Professional Experience
  2011 to present)                • Solicitor-General, Office of
• Angara Abello Concepcion          the Solicitor General (Feb.          Teaching / Academic            • Partner, Salazar Feliciano
  Regala & Cruz Law Offices         2012 to present)                         Experience                   Hernandez & Castillo (Janu-
  (ACCRALAW)                      • Deputy Ombudsman for                                                  ary 1983 to present)
    - Partner-charge of             Luzon, Office of the Ombuds-     • De La Salle University Manila    • Foreign Attorney, Anderson
       finance January 2011 to      man (July 2011 to Feb. 2012)         - 2009 to date                   Mori & Rabinowitz (now
       April 15, 2011                                                    - Professional Lecturer,         known as Anderson Mori &
                                      Teaching / Academic                   College of Law                Tomotsune) - (1984 to 1986)
     Teaching / Academic                  Experience                 • University of the Philippines
         Experience                                                      - 2003 to date - Profes-            Teaching / Academic
                                  • UP College of Law                       sor, College of Law                  Experience
• Lyceum University of the           - Professional Lecturer         • Lyceum University of the
  Philippines                          (2010 - 2011)                   Philippines                      •    UP College of Law
     - 2010 to 2011                  - Taught Administrative             - 2008 to date                     - Professional Lecturer
     - Taught Criminal Pro-            Law and Civil Procedure           - Professor, College of              (1997 to present)
        cedure and Special           - 1st Semester of SY                   Law                             - Is teaching Banking and
        Proceedings                    2009-2010                                                              Financial Law, Corpora-
                                     - Taught Constitutional                                                  tion Law, Legal Ethics,
                                       Law 1                                                                  Selected issues in Com-
                                                                                                              mercial Law

18                                           IBP: Celebrating 40 years, 1973-2013
                                                                                                                The bar Tribune

                                   meet tHe NomINees




    PANGALANGAN,                    SARMIENTo, RENE                  SERENo, MARIA                   SIAYNGCo, MANUEL
      RAUL CANo                        VERGARA                     LoURdES PUNZALAN                      dE JESUS
                                                                        ARANAL
Years in the Practice of Law :    Years in the Practice of Law :                                    Years in the Practice of Law :
28 years                          35 years                         Years in the Practice of Law :   not cited
                                                                   25 years
• Date of Birth: Sept. 1, 1958    • Date of Birth: Dec. 15, 1953                                    • Date of Birth: Oct. 30, 1949
• Place of Birth: Manila          • Place of Birth: Bato, Cat-     • Date of Birth: July 2, 1960    • Place of Birth: Manila
• Age: 53                           anduanes                       • Place of Birth: Manila         • Age: 62
• Bar Examination Rating: 83.8    • Age: 58                        • Age: 52                        • First Grade (Professional
  percent                         • Bar Examination Rating :       • Bar Examination Rating: 89       exam) Rating: 95.62% - Year
• Year Taken: 1983                  76.35 percent                  • Year Taken: 1984                 Taken: 1976
                                  • Year Taken: 1978               • Year admitted to the Bar:      • Teachers Board Exam Rat-
  Educational Attainment          • Year admitted to the Bar:        1985                             ing: 81.92% Year Taken:
                                    1979                                                              1978
• Harvard Law School                                                 Educational Attainment         • Bar Examination Rating:
   - 1987 to 1990 SJD               Educational Attainment                                            75.70%
     (Charles Summer Prize)                                        • University of Michigan         • Year Taken: 1986
   - 1985 to 1986 LLM (John       • UP College of Law                 - Master of Laws
     Laylin Prize)                   - Bachelor of Laws (1974         - 1992 to 1993                  Educational Attainment
• UP College of Law                    to 1978)                    • School of Economics, U.P.
   - Bachelor of Laws - 1979         - President, Law Student         - 1991 to 1992                • UP College of Law
     to 1983                           Government                     - 18 Units in the Master         - Bachelor of Laws (1981
• University of the Philippines   • San Beda College                    of Arts in Economics             to 1986)
   - 1974 to 1978                    - AB Political Science             Program                     • San Carlos Seminary
   - AB - Cum Laude, Dean’s            (1970 to 1974)              • UP College of Law                 - Bachelor of Arts (1965 to
     Medal for Leadership            - Magna Cum Laude, Rec-          - 1980 to 1984                     1969)
     Excellence                        tor’s Award                    - Valedictorian Cum Laude        - Masters in Philosophy
                                                                   • Ateneo De Manila University         and Theology (1969 to
  Professional Experience           Professional Experience           - 1976 to 1980                     1972)
                                                                      - Bachelor of Arts in Eco-
• Chairman, Bantay Katarun-       • Commissioner, COMELEC               nomics                        Professional Experience
  gan (2006 to present)             (2006 to present)
• Professor of Law, UP (1984      • OIC Presidential Adviser on      Professional Experience        • Presiding Judge, Regional
  to present)                       the Peace Process (2005 to                                        Trial Court - Bulacan (June
                                    2006)                          • Associate Justice of the         2001 to December 2011)
    Teaching / Academic                                              Supreme Court (Aug 2010 to     • Presiding Judge, Metro-
        Experience                    Teaching / Academic            present)                         politan Trial Court - Malolos
                                          Experience               • Exec. Director, Asian Insti-     (June 1995 to May 2001)
• UP College of Law                                                  tute of Management (Feb.,      • Provincial Legal Officer,
   - Professor of Law (1984       • San Beda Law                     2009 - Aug. 2010)                Provincial Government of Bu-
     to present)                     - Faculty Member (2006 to                                        lacan (June 16, 1988 to June
   - Teaches Constitutional            present)                        Teaching / Academic            4, 1995)
     Law, Public International       - Teaches Political Law               Experience
     Law                               Review, Constitutional                                           Teaching / Academic
   - Taught Obligations and            Law, Evidence, Legal        • Philippine Judicial Academy            Experience
     Contracts, Public Offic-          Philosophy, Election Law       - Lecturer
     ers, Labor Relations,        • PUP College of Law                - 2004 to 2008                • Marcelo H. Del Pilar, Profes-
     Social and Welfare Leg-         - Professor (2001 to 2006)       - Taught Law and Eco-           sor (Nov. 2002 to Oct. 2007)
     islation, Human Rights          - Taught Constitutional             nomics                     • Centro Escolar University,
     and Humanitarian Law              Law, Human Rights                                              Professor (June 1979 to
     and Legal Theory                  Law, Legal Ethics, Legal                                       March 1986)
                                       Writing

                                             IBP: Celebrating 40 years, 1973-2013                                              19
august 2012

                                  meet tHe NomINees




     VALdEZ, AMAdo                     VELASCo,                     VILLANUEVA, CESAR                 ZAMoRA, RoNALdo
        doMINGo                     PRESBITERo JR.,                       LAPUZ                           BAYAN
                                         JoSE
Years in the Practice of Law :                                     Years in the Practice of Law:     Years in the Practice of Law :
42 years                         Years in the Practice of Law :    28 years                          42 years
                                 39 years
• Date of Birth: May 5, 1946                                       • Date of Birth: May 8, 1952      • Date of Birth : Dec. 4, 1944
• Place of Birth: Pangasinan     • Date of Birth: Aug. 8, 1948     • Place of Birth: Angeles City    • Place of Birth : Manila
• Age: 66                        • Place of Birth: Pasay City      • Age: 52                         • Age: 67
• 1st Grade Civil Service        • Age: 63                         • Bar Examination Rating:         • Bar Examination Rating:
  Eligible                       • Bar Examination Rating:           90.15 (2nd place)                 87.3 (Topnotcher)
• Bar Examination Rating:          85.85                           • Year Taken: 1981                • Year Taken: : 1970
  80.65 percent                  • Year Taken: 1971
• Year Taken: 1969               • Year admitted to the Bar:         Educational Attainment            Educational Attainment
                                   1972
  Educational Attainment                                           • Harvard Law School              • UP College of Law
                                   Educational Attainment             - Master of Laws (1988 to         - Bachelor of Laws
• University of the East                                                1989)                           - 1965 to 1969, Magna
    - Bachelor of Laws           • University of the Philippines   • Ateneo De Manila University          Cum Laude
    - 1966 to 1969                   - College of Law                 - Juris Doctor (1977 to
• Manuel L. Quezon University        - 1967 to 1971                     1981)                        • University of the Philippines
    - 1965 to 1966                   - 8th in 1971 graduating         - Cum Laude / Valedicto-          - Bachelor of Arts Political
• MLQU/Northeastern College            class                            rian                              Science
    - 1963 to 1965               • University of the Philippines   • San Beda College                   - 1961 to 1965, Magna
    - 1961 to 1962                   - AB Political Science           - Diplomate in Juridical            Cum Laude
                                     - 1964 to 1967                     Science (2004 to 2005)
  Professional Experience                                                                              Professional Experience
                                   Professional Experience           Professional Experience
• Dean, UE College of Law,                                                                           • Chairman, Cagdianao Mining
  (2005 to present)              • Associate Justice of the        • Senior Founding Partner,          Corporation (January 1, 2012
• Member, Board of Regents,        Supreme Court (March 18,          Villanueva Gabionza & De          to present)
  Universidad de Manila (2007      2006 to present)                  Santos Law Offices (July        • Chairman, Rio Tuba Nickel
  to present)                    • Chairperson, House of Rep-        1990 to present)                  Mining Corporation (July
• Member, Board of Regents,        resentatives Electoral Tribu-   • Dean, Ateneo de Manila Law        2010 to January 2012)
  Laguna State Polytechnic         nal (June 2011 to present)        School                          • Member, Board of Direc-
  University (2006 to 2010)      • Court Administrator (Septem-    • Chairman, Commercial Law          tors, Nickel Asia Corporation
                                   ber 2001 to March 2006)           Department, Philippine Judi-      (January 2011 to present)
     Teaching / Academic                                             cial Academy (April 2004 to     • Senior Partner, Zamora Po-
         Experience                  Teaching / Academic             present)                          blador Vasquez and Bretaña
                                         Experience                • Director/Corporate Secretary,     Law Offices (January 1987 to
• UE College of Law                                                  PhilJa Dev. Corp. Inc. (July      present)
    - Part time (1993 to pre-    • Raising the Bar Competence,       2003 to present)                • Representative, San Juan
      sent)                        Integrated Bar of the Philip-                                       City, House of Representa-
    - Civil/Polital/Remedial       pines 9th National Conven-          Teaching / Academic             tives (July 1, 2001 to June
      Law                          tion                                    Experience                  30, 2010; June 30, 1998 to
• FEU-DLSU Dual Degree           • Civil Disobedience, Philip-                                         June 30, 1992)
  Program                          pine Law Journal                • Ateneo School of Law Dean
    - Part time (2005 to 2008)                                       (2004)
    - Taught Legal Ethics and                                      • Ateneo School of Law As-
      Conflict of Laws                                               sociate Dean for Academic
                                                                     Affairs (2000-2004)                  [With materials from
                                                                                                     inquirer.net and IBP archives.]


20                                           IBP: Celebrating 40 years, 1973-2013
                                                                                                                      The bar Tribune




"NoTHING LESS THAN HISToRIC," was how a social media blogger excitedly described the two-part IBP public
forum on the search for the next Supreme Court Chief Justice. For the first time ever in the history of CJ selection, the public saw the
nominees up close and listened to their judicial philosophies and reform agenda.

The Bar Tribune is pleased to publish the full text of the presentations of the nine qualified CJ nominees who participated in the July
20 IBP public forum.



                                           tHe Need For
                                          CHaNges IN our
                                           legal system
                                                                             Roberto A. Abad
                                                                       Associate Justice, Supreme Court

I. THE MAkING oF THE LAWYER                    the graduates in that year were ready for      ing with the Legal Education Board, is
                                               my multiple choice exams.                      considering the possibility of reducing the
     Since the lawyer is the basic human            But we retained an essay portion to       number of Bar subjects from 8 to 4 so law
component of our legal system, any se-         test the examinees’ lawyering skills. We       schools could free more units in the third
rious reform must begin with preparing         required them to prepare one trial memo-       and fourth years of schooling and tune
and qualifying him for the practice of the     randum and one legal opinion based on          them to specific career paths in litigation,
profession. Everybody complains about          given case problems. We added a little         adjudication, and commercial practice.
the legal and moral bankruptcy of our law-     library of applicable laws and Supreme
yers, but very little has been done about      Court rulings. Four examiners graded           II. A NEW SYSTEM FoR HEARING ANd
training and screening them.                   each of the two essays, thus minimizing        dECIdING CASES
     Last year, the Supreme Court took a       subjectivity in corrections. We measured
small step in that direction. It changed the   the examinee’s ability to put the relevant          Studies show that 75% of our people
format of the Bar exams to attune it to our    facts together, identify the issues in the     live in crowded cities. Consequently, the
needs. The essay kind of Bar exams that        case, and craft persuasive arguments.          occasions for human conflict are unavoid-
you and I took was good when the exami-        Because of the introduction of this kind       able.
nees were a few hundreds. But with more        of essay exams, law schools have begun              The records show that our courts in
than 6,000 examinees per year, the grad-       to shift the direction of teaching students    these cities are drowning in cases. Many
ing of essays had become haphazard.            from just learning the law to practicing it.   have 1,000 plus cases each. They hear
     In 2004, the Court assisted by Ameri-          When we took our bar exams, we            30 to 60 cases a day. Our courtrooms
can experts approved the giving of the         memorized ridiculously useless things          are full. Some litigants have to wait out-
universally accepted multiple choice           because none of us knew from where the         side to be called. Cases take from 3 to 5
questions. But with law schools object-        questions would come. We put an end to         years, at times up to 8 or 9 years or more
ing, implementation failed. In late 2009,      this senseless torture. We asked experts       to hear and decide, inflicting a sense of
on learning that I would chair the 2011        from the UP Law Center to draw up in           hopelessness over our justice system.
Bar Exams, I knew what I needed to do.         each subject a syllabus of topics relevant     Because of so many ridiculously long and
I spoke to over 1,500 law professors in        to law practice. We gave these to the ex-      repeated postponements, complainants
campuses all over the country and taught       aminees and asked no questions outside         in criminal cases simply give up coming
them how to prepare multiple choice ques-      the syllabus.                                  to court. As a result, 40 out of every 100
tions for their classroom tests. By 2011,           Our Committee on Bar matters, work-       persons accused of crimes walk free. Vic-

                                               IBP: Celebrating 40 years, 1973-2013                                                  21
august 2012
tims of crimes find no speedy justice in our to endure beginning-to-end testimonies. ties and (2) the factual and legal issues
courts.                                        He knows from the pleadings the facts that he needs to resolve. At the prelimi-
      The consequences of delays in civil that are admitted, and the facts that re- nary conference, the judge and the par-
actions are dire. Few foreign business- main in issue.                                       ties will finalize the case summary, agree
men make long-term investments in our                We tinkered with the possibility of on the order in which the factual issues
country because our courts cannot pro- adopting a one-time face-to-face hearing will be heard, and identify the needed wit-
vide protection to their investments.          of cases that tribunals in other countries nesses.
      Result: we do not attain economic are employing to solve problems of delay.                 All the facts that the parties allege in
growth; our people remain poor.                But before recommending the proposal to their pleadings and affidavits, when not
      What causes these terrible delays in the Supreme Court, we opted to bring it to put in issue, shall be deemed admitted or
our justice system? There are many caus- those that would be affected for consulta- regarded as irrelevant.
es. Our courts are few. Prosecutors and tions. Thus, we presented the proposed
public attorneys are few. Our system for change to the Integrated Bar of the Philip-              oNE FACE To FACE HEARING
hearing and deciding cases is slow and pine (IBP).
cumbersome. We could do nothing about                “One-time, face-to-face hearing???”          The court will then set the case for
our shortage in number of courts, and the they asked. But after a study, the IBP of- one, face-to-face hearing. Actually, with
few prosecutors and public attorneys we fered to hold nationwide discussions re- the direct testimonies of witnesses em-
have. But are we earnest in examining our garding it. The IBP sponsored dialogues bodied in affidavits, together with the doc-
system for hearing and deciding cases to at regional and chapter levels with judges, uments, the substance of the evidence for
see if we can increase the capacity of our prosecutors, public attorneys, and private both sides are already before the judge.
judges for disposing of their cases?           practitioners of all kinds. Thanks to the          At the face-to-face hearing, the judge
      In 2009, upset with the mess of de- IBP we met them in IBP Chapter centers will have all the witnesses sworn in simul-
lays in the hearing and adjudication of or campus halls.                                     taneously. She may then question the wit-
cases, I asked the Chief Justice to create                                                   nesses present regarding the first factual
a Committee to Address Case Congestion                         CoNSENSUS                     issue. Counsels for the parties may also
in the lower courts and offered to head it.                                                  examine the witnesses. Then the court
The conventional thinking was to stream-             Those who took part in the dialogues will move on to the next factual issue.
line the system and pound hard on judges agree based on experience that piece-                    Under the new procedure, the exami-
to speed up the disposition of cases.          meal trials have escalated to crisis propor- nation of the witnesses by the judge and
      But Albert Einstein once said that it is tions over the years. As a result, the judge the lawyers will generally be free-flowing,
madness to do the same thing the same is unable to hear every item of fact in the shifting from one witness to another, thus
way when it is no longer working. How old context of the whole case. He is forced to promoting spontaneity in answers and
is our system for hearing and deciding rely more on the transcript than on his per- vivid contrast between opposing versions.
cases? The Americans gave it to us over sonal recollection of what the witness said               This gives the judge the opportunity to
a hundred years ago. It is a system unique and how he said it. The judge often finds observe the demeanors of the witnesses
to their history and culture. Yet we adopted no real value in paying attention to what and their reactions to each other. Nothing
it in this country and we were
taught in our law schools the
                                  “We are preparing to shift from a purely adversarial system to a beats face-to-face confronta-
                                                                                                             tion in sensing what is true.
idea that there is no way to combined adversarial and inquisitorial system patterned after Conversation, says the Bible,
hear and decide cases fairly successful European models. It consists of a preliminary confer- is the test of a man. Sirach
except the American way.           ence and one face-to-face hearing with a decision at the end of 27:5 NAB In a way, our high-
      The American system is                                                                                 ly successful small -claims
adversarial and heavy in cer-                                  the hearing.”                                 court is a forerunner of the
emonials.                                      the witness says at the time he testifies. proposed face-to-face hearing.
      The plaintiff and the defendant match Why should he when he would be decid-                 Testimonies will be taken in the ver-
skills in presenting evidence before a ing the case 3 or 5 years later. In contrast, nacular. No longer will they be interpreted
judge set high on a pedestal but, ironical- the traditional European system for try- into English. They will be electronically
ly, doomed to sit back and listen to what ing cases is inquisitorial. When a crime recorded. Testimonies will be quoted in
the parties want him to hear.                  is reported, the judge summons the wit- pleadings in their original version with the
      We also adopted a system designed nesses, queries them, and makes his find- English translation in parenthesis provid-
for both a jury trial and a Bench trial. Re- ings. He takes a direct and proactive role ed by the party, subject to counter transla-
sult: we have a shadow jury sitting in our in searching for evidence. A subsequent tion by opposing side.
courtroom.                                     trial is largely confirmatory of the findings      Trial will no longer be treated as a
      Our judge pre-screens the questions of the investigating judge.                        field of combat where the opposing law-
to prevent a supposedly unlearned jury               We are preparing to shift from a purely yers stand as champions of their clients.
from hearing inadmissible answers. But adversarial system to a combined adver- But rather, as an occasion for the judge
this is pointless since the judge is himself sarial and inquisitorial system patterned and the parties to collectively search for
the jury and, with his legal training, can after successful European models. It con- truth. As a rule, the judge will hear
disregard inadmissible answers even if he sists of a preliminary conference and one every case in one sitting. One continuous
hears them.                                    face-to-face hearing with a decision at the hearing will enable him to see every item
      Another thing, since the jurors sup- end of the hearing.                               of fact in the context of the whole. In con-
posedly know nothing about the facts of                                                      trast, the piecemeal trials we have today
the case, witnesses must tell their sto-              PRELIMINARY CoNFERENCE                 run for years. The poor judge would hard-
ries from beginning to end through direct                                                    ly remember what he heard two or three
examination required under section 4 of              Under the proposed rules, the judge years ago considering the volume of his
Rule 132. This means bearing with series will hold a preliminary conference and a cases.
of preliminary questions because, in direct one-time, face to face hearing. The parties
examination, counsel has to elicit new will submit the affidavits of witnesses and                PIECEMEAL TRIAL IS FARCE !
facts based on previously testified facts, documents already marked as exhibits.                        IMMEdIATE dECISIoN
like placing one stone on top of another.      The judge will then prepare a summary of:
      But our judge does not actually need (1) the conflicting factual claims of the par-         Since the rules require the judge to

22                                             IBP: Celebrating 40 years, 1973-2013
                                                                                                                           The bar Tribune
render an immediate oral decision, she             When the crime charged is punish-            other contact diseases. The food is inad-
will be forced to focus on the issues and      able by imprisonment in excess of six            equate. Gang wars are abundant, result-
the testimonies and seek the facts she         years, the judge shall require the wit-          ing in death or maiming. And since reha-
needs to make a correct decision when          nesses during the face to face hearing to        bilitation is for the guilty, city jail detainees
the hearing ends. After the hearing, the       narrate their testimonies in chief, first, the   do not enjoy the benefits of sympathy or
judge will, unless the issues are excep-       prosecution witnesses, then, those of the        group cure.
tionally difficult, immediately announce       defense. In this way, the judge will have              The irony of it is that the majority of
her decision to the parties. The judge may     the additional benefit of observing the de-      city jail dwellers are charged in court for
ask the winning party to prepare a draft of    meanor of the witnesses both on their tes-       the first time. Many of them are held for
the decision along the lines of reasoning      timonies in chief and on their cross.            non-violent offenses. About half are in-
she gave. She will issue the correspond-                                                        volved in drugs and only need rehabilita-
ing written decision within fifteen days.      III. CLUSTERING oF CoURTS                        tion. Yet they are mixed with the hardy
     What are the advantages of immedi-                                                         ones for lack of space. Many detainees
ate decision after hearing?                         Our committee will shortly submit to        are eventually released because of in-
                                               the Court a proposal for the clustering of       adequacy of the evidence against them
a) the judge will decide the case when         courts of neighboring cities and munici-         or because complainants simply give up
   she has the clearest picture of the dis-    palities so that courts with small dockets       coming to court after repeated postpone-
   pute;                                       of cases could take some of the burden           ments.
b) the judge will be deterred from ren-        of those with large dockets. This should               Such detainees leave the jail but the
   dering an unjust decision since those       substantially relieve congestion of cases        scars of pain, degradation, and hopeless-
   present heard the evidence just as he       in problem cities and municipalities.            ness remain with them. They are perma-
   did;                                                                                         nently damaged.
c) knowing that he must decide the case        IV. dECoNGESTING oUR HoLdING                           Working with the International Com-
   immediately, the judge will be forced       JAILS                                            mittee of the Red Cross, we are introduc-
   to pay attention to the hearing;                                                             ing the following changes which should
d) she can avoid approaches by inter-                Many of us live in comfort and free-       substantially decongest holding jails in the
   ested parties between the trial and         dom. We go home after a day’s work to            next two years: 1. The creation of a pilot
   judgment; and                               our families. We have never been locked          task force “Kalayaan at Katarungan” in the
e) the procedure makes a point for au-         in a small room that is crammed with             City of Manila that is currently establishing
   thentic speedy justice in our courts.       strangers and reeking with the foul smell        the methods and standards for monitoring
                                               of dried sweat. Welcome to our city jails.       and moving forward the cases of detained
 APPLICATIoN To CRIMINAL CASES                       One of the great tragedies in life that    accused persons; and 2. The correction
                                               could strike you is for you to be detained       of the anti-poor culture dominating the
     The same procedure will be observed       in any of them while your case is being          bail system for detainees who, it is often
in hearing and deciding criminal cases.        tried. The Constitution assures you that         forgotten, still enjoy the presumption of in-
Question: would this not impair the consti-    you are presumed innocent until the con-         nocence.
tutional rights of the accused? It won’t. It   trary is proved. Yet, you suffer, even be-             For the same purpose, we are shortly
takes into account all his rights. The face    fore you are convicted, a worse fate than        submitting to the Court En Banc for ap-
to face hearing will be no less exhaustive.    one who quickly pleads guilty and is taken       proval detailed guidelines for:
What is more, the required proof of guilt to   to the national penitentiary to serve sen-
support conviction remains the same.           tence. Why?                                      1. Getting back into the hands of the
     Of course, since the accused is pre-            First, because trial in our courts aver-      courts from the Department of Justice
sumed innocent, the burden is on the pros-     ages from 3 to 5 years and on occasions,            the fixing of the amounts of bail, taking
ecution to prove his guilt. The prosecution    8 to 9 years, you spend all that time be-           into account the financial ability of the
is required before hand to lay its evidence    hind iron bars. Second, our city jails are          accused;
on the table by submitting the affidavits of   extremely overcrowded. The Manila city           2. Releasing on recognizance poor de-
the complainant and his witnesses. Evi-        jail for instance could handle no more than         tainees who are not involved in violent
dence not so disclosed shall be barred.        1,000 detainees. Yet it has taken in more           crimes;
The prosecution cannot change its theory       than 4,000. As a result, those awaiting          3. Provisionally dismissing cases where
of the case. The accused has the right to      trial live in sub-human conditions. Ventila-        the complainants or their witnesses
withhold his testimony until the prosecu-      tion and sanitation are extremely poor, re-         have repeatedly failed to appear and
tion has done this.                            sulting in frequent outbreaks of boils and          testify despite notice; and
                                                                                                4. One time summary hearing of applica-
                                                                                                   tions for bail of persons charged with
                                                                                                   capital offenses to determine if they
                                                                                                   can avail themselves of the right to
                                                                                                   bail when the evidence of guilt is not
                                                                                                   strong.
                                                                                                     We have to do something for these
                                                                                                men and women who are presumed inno-
                                                                                                cent but are made to suffer years of tor-
                                                                                                ture and deprivation. Society has no right
                                                                                                to punish them until they are proven guilty.
                                                                                                They are children of God like us, made out
                                                                                                of His image and entitled to dignity and re-
                                                                                                spect. Yet, we may have already become
                                                                                                indifferent to their sufferings. Unless we
                                                                                                do something for them, Jesus could very
                                                                                                well say to us, “I was in prison and you did
                                                                                                not care for me.” (Mathew 25:43)


                                               IBP: Celebrating 40 years, 1973-2013                                                         23
august 2012




                                                    vIsIoN,
                                                  Courage &
                                                aCCouNtaBIlIty
                                                                        Maria Lourdes P. A. Sereno
                                                                        Associate Justice, Supreme Court




     Our country re-emerged in democ-           and operated a cottage industry in the         years into the practice saw me struggling'
racy following the 1987 People Power            daytime. My father, who hails from Siasi,      between work and caring for a young in-
Revolution, with high hopes for a truly         Sulu, was for the most part of his life a      fant, with another one on the way. Decid-
accountable government. Sadly, the fall         small entrepreneur, whose efforts were,        ing that my family was more important to
of one leader after another - political and     like those of many small entrepreneurs,        me, I resigned from the law firm, and took
judicial - has caused the sentiments of our     mostly unsuccessful. Though we were of         the low-paying job of a law professor.
countrymen to descend to a state of de-         modest means, my parents believed in                 Some partners of the firm warned me
spair and surrender. In part, cynicism de-      the value of books. They would scour the       I would regret the decision to resign. One
veloped from the perception that the 1987       newspapers to locate expatriate families       even said: "You know what you are? You
Constitution had been assaulted, manipu-        disposing of books in garage sales. Hard-      are afraid of success." In their eyes, I was
lated, and pulled from one direction to an-     up as we were, they would buy us those         degrading my family's chances in life by
other, even by those who are supposed           precious books. It was, in solitude with       leaving. I was only 26, but I thought that
to uphold it. Some blame the Supreme            those books, that I developed my skills        their definition of success was not rel-
Court for having faltered in this duty and to   and habit of reflection, which served me       evant to me. What mattered to me at the
have likewise failed in upholding the rule      well in later years.                           time I left the law firm was that I should do
of law. To them, it is because the leaders            I am a proud product of the public       the right thing, and the right thing for me
of the Court appear to have clay feet, and      school system. I graduated with honors         was to be near my young children, and to
its Members suspected to vote with mixed        from the Kamuning Elementary School            make my husband happy.
motives. It is with this grave thought that     and the Quezon City High School. I re-               I immensely enjoyed the challenges
I view our nation's present search for a        ceived scholarships from the government        of teaching law at UP. I unfolded mental
new Chief Justice as a search for the re-       and from a private-foundation to obtain an     maps in the different fields of civil and
mooring ofthe Filipino soul.                    economics degree at the Ateneo de Ma-          commercial law, maps that my students
     I have made myself available to lead       nila and a Bachelor ofLaws Degree from         appreciatively developed further. This ap-
the judiciary, not from any sense of entitle-   the University ofthe Philippines. In Ateneo,   preciation by young people and sufficient
ment, but because those who have nomi-          the Jesuits imbibed in me the value of de-     time with my children convinced me that
nated me believe that I bring a dimension       veloping oneself to be a "man for others."     simultaneous personal and professional
to the debate on the kind of leadership         In UP, I learned from the country's leading    fulfillment is attainable for women.
the judiciary needs, that has not yet been      minds in constitutional, civil, and criminal         I practiced part-time. Like any other
brought forth. And to share with you why        law; and was introduced to nonconven-          lawyer, I also faced temptations to take
I agreed to be nominated, I will have to        tional approaches in legal analysis. My        shortcuts, to bend the law, and to look
share with you my life - who I am, who I        philosophy of law is heavily informed by       the other way. I was not oblivious to well-
have been, how I think, how I feel, how I       what I learned in those great universities.    meaning encouragement from colleagues
have made decisions in my 52 years.             I also fully learned that poverty, far from    to take the easy way out. But each time I
     My journey to this point has been          being an excuse to engage in self-pity,        succeeded in resisting these enticements,
marked by strong challenges to the values       is but a testing ground for hard work and      I found myself growing in the strength
and principles that I hold dear. With perse-    excellence. By God's grace, I graduated        to adhere to the right path. I constantly
verance, courage and an abiding faith in        valedictorian from the UP College of Law.      sought to diminish the influence of these
God's sovereignty, I have prevailed over              Like most married female lawyers, I      temptations in my life, so that I would al-
those trials and. have come to discern my       faced the challenge of choosing between        ways be free to do what was right.
defining public role as a humble servant of     a prestigious law practice and taking care           In 1993, after I obtained my Master
our people - through the judiciary.             of my family. I joined the largest law firm    of Laws degree from the University of
     I was born to a simple family. My          in the country after graduation that offered   Michigan in Ann Arbor, my friends urged
mother, a native of Bae, Laguna, taught         enormous professional challenge,' with a       me to stay .in America and have our visas
at a public high school in the evening          lifetime of wealth and privilege. But two      converted to working visas for the sake

24                                              IBP: Celebrating 40 years, 1973-2013
                                                                                                                          The bar Tribune
of our children. Friends reproached me                I deepened my passion for consti-           there is a place under the judicial sun for
by asking what I was to go back to in the        tutional rule 'when, at age 39, I was ap-        the quiet and hard-working ones.
Philippines - a UP professor's life and sal-     pointed as the lone female member of the              I would face difficult choices in my new
ary? I knew, however, that dishonoring my        25-Member Presidential Commission on             role. A day after my assumption of office,
commitment to return to my country and           Constitutional Reform headed by Chief            I took an active role in the oral argument
serve was not the right decision. So we          Justice Andres Narvasa, together with            involving Hacienda Luisita, despite the
returned.                                        leaders as important as former Prime             Chief Justice saying I was not expected to
     I continued to write on and teach Law       Minister Cesar Virata. As Chairperson of         participate. Weeks later, I raised two im-
and Economics and International Trade            the Steering Committee, I shepherded             portant policy questions for the Court: Can
Law. Even without the incentive of a huge        the work of the various Committees into a        a case that is already with the Supreme
income, I persisted in making contribu-          framework that showed economic issues            Court and that has already been heard in
tions to forge a new area in the practice        in the context of the Constitution.              oral argument be subjected to mediation
of law in the country. On the recommen-               At 43, I became local co-counsel for        as ordered by the Chief Justice? And can
dation of Justice Florentino Feliciano, the      the Philippines in the two international ar-     the Chief Justice individually give such an
Supreme Court invited me (I was then 34)         bitration cases involving NAIA Terminal 3,       order that constitutes a major policy deci-
to deliver a speech on International Trade       a role I was to discharge for nearly five        sion?
Law, the first of its kind, before the Court's   years. I reported to Cabinet Secretaries in           Three weeks after my appointment, I
Session Hall. Years of hard work yielded         Malacañang and to the Solicitor General.         would object to the issuance of a tempo-
opportunities – to become a legal consult-       I resigned in 2008 because of important          rary restraining order for a Petition that I
ant for the government in international          policy differences with one of my princi-        and other justices had not even seen - in
trade law and to be appointed as the first       pals. The country won both cases at the          the case involving the impeachment of
Asian legal counselor of the WTO's Ap-           ICSID and the ICC, but the victory in the        former Ombudsman Merceditas Gutier-
pellate Body Secretariat in Geneva. My           former was to be subsequently partially di-      rez.
contributions to international trade law         minished. Afterwards, I focused my efforts            Five weeks later, I was to object to
were recognized in 1998, when I was              on developing policy reforms to improve          the majority's characterization of the De-
named one of The Outstanding Women in            governance and the country's economy             cision in Vinuya v. Secretary of Foreign
the Nation's Service for law.                                                                                 Affairs as "honest, hard work."
     Organizational difficulties         “I believe it was my consistent decision                             Instead, I showed a chart that
also tested my grit. At 26, to-                                                                               compares passages from the
gether with a team of profes-
                                     to take the difficult road and my ability to                             Decision that were lifted verba-
sionals, I had co-written the       think ‘out of the box’ when solving problems                              tim from other works. I endured
organizational plan of the Pres-                                                                              much adversity, because I re-
idential Commission on Human        that opened opportunities for me to do much                               fused to call what was black,
Rights. As a law professor in              pioneering and sensitive work.”                                    white. I was wrongly accused
UP, I had stood up for aca-                                                                                   of having committed a similar
demic freedom in a professor's evaluation        as head of the Asian Institute of Manage-        offense, but I refused to back down from
of student performance and for effective         ment's policy think-tank - the AIM Policy        my Dissent. In a twist of poetic justice, I
teaching, even if it had cost me great per-      Center.                                          was vindicated, as it turned out that it was
sonal pain, As head of two units in UP, I             Considering what I have had to face,        my work that had been plagiarized.
was able to productively run them despite        taking on one challenging role after anoth-           I objected to any attempt to sanction
severely limited budgets. For my success         er, I believe it was my consistent decision      the professors decrying the Vinuya De-
in causing the publication of one of the         to take the difficult road and my ability to     cision. I thought that in order to gain the
highest numbers of journals and books, I         think "out of the box" when solving prob-        moral authority to impose any disciplinary
became a finalist in UP's search for the         lems that opened opportunities for me to         measure on them, the Court first had to
Most Outstanding Research Administra-            do much pioneering and sensitive work.           gain the moral high ground by admitting
tor. At 35, I wrote the concept paper on         It helped that I had steeled myself to be-       its own mistakes and correcting the re-
judicial reform for the UNDP. That paper         come immune to the promise of ease from          cord. This was, of course, not an easy
was to serve as a seed for the large-scale       compromises and had submitted myself             stance to take.
donor-funded judicial reform programs            to the fires of adversity, in order to uphold         My dissents in various highly con-
currently in place. I continued to partici-      what was true and excellent. Little did I re-    troversial cases have been written about
pate in some of those programs for some          alize then that I was being prepared for         and quoted. I disagreed with the major-
more years.                                      my present role.                                 ity's striking down the executive order
     Those organizational experiences                 In 2010, at age 50, I was appointed         creating the Philippine Truth Commission,
whetted my interest in information tech-         by President Aquino on the basis of what         their upholding the laws creating the 16
nology. At 36, I wrote the legal infrastruc-     he believed I could deliver for justice and      cities, their upholding the creation of the
ture for the first paperless securities trad-    judicial reform. Prior to my swearing in, I      Province of Dinagat Island, their awarding
ing in the country, that for the Bureau of       had only met him twice - the first in 2008       20% share in San Miguel Corporation in
Treasury. I would pursue this advocacy           when I gave him a briefing on the Japan-         favor of Danding Cojuangco as against
for paperless, electronic transactions and       Philippines Economic Partnership Agree-          the government's claim, their grant of a
research when I co-founded Accesslaw in          ment; and the second in 2010, during the         TRO.in favor of former President Gloria
1999 with former Justice Jose Campos,            anniversary celebration of GMA 7. I had          Arroyo in November 2011, their grant of
Commissioner Haydee Yorac and other              no political affiliation to rely on; there was   a TRO against the Senate's subpoena
UP Law professors. It was the company            no influential business bloc supporting          of the Philippine Savings Bank account
that created the first annotated electronic      me; I did not have well placed relatives;        documents of then Chief Justice Renato
research system in Philippine law.               and neither was I a media figure. Perhaps        Corona, and their prohibition on the dis-

                                                 IBP: Celebrating 40 years, 1973-2013                                                     25
august 2012

closure of material information to the Sen-          For what is leadership if it is not the asked a colleague who was perceived to
ate impeachment court.                          willingness to fall as a grain of wheat falls be close to me who I really was, the latter
     What has been not equally publicized to die, in order that more abundant life can replied: "Ganyan lang talaga yang si Jus-
is that I voted against the administration on spring forth? In all those years of leading tice Sereno, kung anong paniwala nya,
the grant of a TRO in favor of Bai Omera people, I have not asked anyone to make sinasabi nya."
Lucman in one of the Executive Order No. a sacrifice, to go through any hardship                  I have no hidden, personal agenda,
2 (E.O. 2) cases and partially against the that I was not willing to bear myself. I have and I have no interest in creating one. I
ARMM Synchronization Law that was and not asked others to improve their work un- simply see my role as a judge as a hum-
is a key program of the President's Lib- less my own revealed an unrelenting drive ble; yet highly edifying one. We justices
eral Party.What also seems to be forgot- for excellence. Yet, in calling for sacrifice of the court are to simply apply the law to
ten is that in July of last year, my Dissent and excellence, I have always remem- the truth that is staring us in the face, af-
in the first Hacienda Luisita Decision was bered that we are all human, and that our ter much searching by the mind and after
heralded by the farmers, the media and destinies ultimately lie in the hands of our much reflection by the heart. It is a humble
scholars alike, for it demolished the ma- Creator.                                            role because we can go no further than
jority's argument to support the holding             My leadership is to be exercised to what the Constitution, the law, and the
of a referendum on the Stock Distribution uphold the truth the way I have sought to rules of statutory construction allow us.
Option. One columnist-professor called it uphold the truth. It is to be exercised in We do not replace the shared values of
"rare and brave" for a new appointee of favor of those who are weak, in order that the community with our own. Yet, our role
the President to have written what I had.       justice in its true sense may be rendered. as judges is a highly edifying one to soci-
     What the above shows is that I take It is to apply the rule of law in a way that ety. For in invoking the lofty vision of the
my oath of office very                                                                                         Constitution, in painting
seriously. While tradi-           “My view on the rule of law is concretized by two Dissent- before our people the
tion has witnessed jun-         ing Opinions I have written - in Paulino v. Varilla and in prospect of a more just
ior justices rarely being
heard, I believe that the
                              FASAP v. PAL. Rules of procedure are not to be strictly con- society, in livingthat we
                                                                                                               lives in order
                                                                                                                                    upright

Constitution requires all strued against the poor; and in the Paulino Resolution, not can be in a position to
Members of the Court to against the poor policemen in the case. But they are to be so tell our people "This is
apply all their strength                                                                                       the truth, this is the right
and skills to understand construed against PAL vis-a-vis the illegally dismissed employ- way, this is the path," we
every case before them, ees who had won three successive Decisions affirming their po- are edifying our society
and to participate vigor-
ously so that the truth-
                             sition. If rules are meant to facilitate justice, then when these and building aforfounda-
                                                                                                               generations
                                                                                                                                     future

might be unearthed, and rules frustrate justice especially when the system itself creates tion that is built on solid
that justice be done. I         the injustice - genuine justice must be allowed to prevail.” rock - not on the passing
believe that the con-                                                                                          fancies of politics, but on
stitutional design of collegiality requires shows no favoritism for the privileged, no the more enduringvalues of our people.
the exercise of everyone's conscience existence of the "old boys club" and no                     It has been asked how I can be the
in a transparent manner in en banc and need for the informal network of brokers Chief Justice if I am largely known as a
division discussions, without inhibitions and lobbyists. My view on the rule of law dissenter. Was Chief Justice Claudio
brought about by the comparative insuf- is concretized by two Dissenting Opinions Teehankee unqualified when he was so
ficiency of age or seniority. While seniority I have written - in Paulino v. Varilla and in appointed because of his reputation as a
has its rightful place in preserving tradi- FASAP v. PAL. Rules of procedure are not dissenter? Or did not his brave dissent in
tions of the Court, to believe that ' it should to be strictly construed against the poor; the face of much opposition by the estab-
dominate deliberations and adjudication and in the Paulino Resolution, not against lished majority in fact qualify him to lead
is not to take our oath of office seriously.    the poor policemen in the case. But they the Court in its period of renewal? Yes,
     My past 52 years have been not are to be so construed against PAL vis- I was a dissenter in the highly explosive
young years; rather, they have been years a-vis the illegally dismissed employees political cases, and I will again dissent if
of adversity, and of overcoming adversity. who had won three successive Decisions there is a concerted effort to deny obvious
Years of paying the price for my convic- affirming their position. If rules are meant truth, but in a high majority of the Deci-
tions, of inconvenience, of having to work to facilitate justice, then when these rules sions promulgated since I joined the court,
doubly hard, of avoiding shortcuts and frustrate justice especially when the sys- I have acted with the majority and penned
the easy road. Those years were also tem itself creates the injustice - genuine many important Decisions that were con-
years of proving my mettle, of holding my justice must be allowed to prevail.                 curred in unanimously. My colleagues in
own, and of testing by fire the quality of           If we are to uphold the rule of law, the court have sworn to the same oath of
my judgment and instincts –before inter- then we in the Court must be perceived to office and are bound by the same Con-
national judges, chief justices and associ- be fair and predictable. There is nothing stitution. We are all professionals. And I
ate justices of the Supreme Court, cabi- mysterious about how I analyze things, believe I have gained the respect of my
net secretaries, heads of universities and how I come to a conclusion, and how I colleagues with the quality of my writing
very senior professors. I have been honed ultimately vote. There is nothing layered and analysis and with the very hard work
in the world of the wise, the elders, and about me; no context you have to imag- I have put in.
key public leaders. I have steadily - with- ine, no agenda you have to fathom. I am               The judiciary is not only the Supreme
out wasting time - forged years of gaining who I am, I vote what I think. I say what Court, but also its 1,700 other justices
wisdom, of gaining a tranquil sense of the I mean, and I mean what I say. As one and judges nationwide. It is supported by
world, of understanding the real meaning fellow justice, puzzled by my unexpected 24,000 other court officers and person-
of leadership and stewardship.                  willingness to be upfront about things, nel. These are the public servants I am

26                                             IBP: Celebrating 40 years, 1973-2013
                                                                                                                            The bar Tribune

                                                                                                         I reiterate what I had said in your na-
                                                                                                    tional convention last year in Subic that
                                                                                                    no friend of mine, including the IBP presi-
                                                                                                    dent, gains anything from my appoint-
                                                                                                    ment, save for the thought that I will not
                                                                                                    let the country down. I shall continue to be
                                                                                                    our people's steward of justice - resolving
                                                                                                    disputes with an even hand and an eye
                                                                                                    towards re-establishing faith in the rule of
                                                                                                    law. Indeed, even my husband does not
                                                                                                    gain anything from my appointment. As
                                                                                                    proof of this, I watched silently last year
                                                                                                    as the Court en banc reversed the victory
                                                                                                    that my husband and his company had al-
                                                                                                    ready merited from an RTC in Makati. If I
                                                                                                    will not do anything ethically wrong to ad-
                                                                                                    vance my husband's cause by refusing to
                                                                                                    promote it with any of my fellow justices,
                                                                                                    neither will I do it for anybody else.
                                                                                                         I ask you to be with us in our journey.
willing to lead. Recently, two newly ap-         cultural prejudices that have prevented us         I ask that you measure us, that you de-
pointed judges sought to take their oaths        from becoming a great judiciary, a noble           mand of us, what is demanded by justice.
of office before me. One went up all the         profession.                                        But I also ask that you support us first by
way to Baguio with her entire family, so               The judiciary must regain the trust          refusing to engage in practices that bring
that I could be the one to administer her        of our people, so that Congress can en-            disrepute to the judiciary; second,by help-
oath. The other was a Muslim judge, who          trust to it the funds to make the delivery of      ing us identify the good souls who must
brought with him his pregnant wife, an           justice efficient and their families secure.       populate the ranks of the judiciary, and
infant daughter and other relatives. Both        I hope to regain that trust by presenting          third, by policing your own ranks and also
were largely unfamiliar to me, but both          myself as a leader worthy of trust, and my         our ranks. I will also ask the IBP to con-
said the same thing: they sought me out          work and my life as proof that the people's        tinue its journey with us in legal reform,
to administer the oath to them, because          trust will not be misplaced. I am a servant        especially in procedural reform. But I will
I am their role model, and they want to          of the public, and if asked to lead the judi-      also ask you to be as excited as I am in
pattern their professional lives after mine      ciary, I would also be a steward of public         exploring frontier areas of law, as life in
especially the strength of my convictions        treasures and of the lives of the men and          our country and in this century become
as reflected in my writings. The wife of         women who have made service in the ju-             increasingly complex. Together, we shall
the male judge expressed the hope that           diciary their career. It would be my duty to       restore our people's faith in a justice sys-
her daughter would grow up to be like me.        succeed.                                           tem that works and responds to those who
Separately, a senior judge sent me word                To demonstrate that we in the judici-        desperately need it the most.
that newly appointed female RTC judges           ary have no skeletons to hide, if appoint-              In the meantime, I wish you every
had conveyed to him that they look up to         ed, I will disclose to the public our case         success and thank you for your patience.
me as a role model. A colleague in the           disposal rate; official reports on our budg-
Court has confided to me that the younger        et and COA's audit of our expenditures;                 ERRATUM
judges are rooting for me to succeed in          the state of our various funds, including
bucking the system, and that he is con-          support funds from the donor community;
fident I will so succeed. These incidents        and I will, in consultation with the commu-
have strongly convinced me of my leader-         nity, set key result areas with milestone
ship role.                                       dates by which we will measure our per-
     If I am to lead, then my first duty is to   formance.
inspire. And I can only inspire if I under-            I present 18 years of possibilities,
stand the hopes and aspirations of every         of being able to conduct a deep search
member of the judiciary and its staff for a      for the best and the brightest in our land,
better future for their families. And I think    who are to be set apart as a generation
                                                                                                        Atty. Miles Santos (left), com-
I do understand - what it is to be part of       of judges who will commit themselves to
the struggling poor, who make up much            lives of uprightness and excellence. I am          panion of the late Atty. Leonardo
of the rank and file in the judiciary. But I     willing - through how I have lived, and how        Jacinto Soriano, receives the
also understand the sense of dignity and         I will live - by God's grace, to be the first to   welfare benefit assistance check
honor of members and staff of the judici-        be daily tested if I meet the highest stand-       from Atty. Alicia Risos-Vidal, IBP
ary, how they equally dream of justice be-       ard of integrity and credibility. I am willing
                                                                                                    Peer Assistance Director.
ing realized in our country, and that they       to be measured by the degree of sacrifice
are important channels of justice. And if I      I make, by what I am willing to give up in             The Bar Tribune misidentified
have overcome, then I say that we in the         order that the vision of a judiciary that is       this picture that was published in
judiciary and the legal profession can col-      truly noble, upright, independent, learned         the June 2012 Bar Tribune and
lectively overcome. We can overcome not          and excellent in every way can become a            regrets the error.
only our personal obstacles, but also the        reality.


                                                 IBP: Celebrating 40 years, 1973-2013                                                      27
august 2012


                                                   “less aBout CHoosINg oNe
                                                      PersoN, more aBout
                                                     eNsurINg tHat geNuINe
                                                    reForms are truly set”
                                                                                Juan Andres d. Bautista
                                                              Chairman, Presidential Commission on Good Government

     Being the first to be interviewed, or      as well. With due respect to my honest               and keep the best and brightest within the
in law school language – to be called for       and hard working friends in the Philippine           judicial ranks.
recitation, is both a burden and a bless-       justice system – unfortunately you have                   Finally, on credibility. Yes, the Su-
ing. It is a burden because at this point,      become the exception rather that the gen-            preme Court has the final say on what the
I have no idea what questions my JBC            eral rule.                                           Constitution and other laws mean and that
professors will be asking. As the youngest           Congestion of court dockets and de-             all are duty bound to obey its rulings. But
in the class, I was hoping to learn from,       lay in deciding cases are kindred prob-              the Court should never forget it remains
perhaps even copy, some of the answers          lems. 25 years ago, a legal command was              accountable to the people and the high-
of my older classmates.                         made as follows:                                     er court of public opinion. Decisions that
     But being the first to recite is also a                                                         are perceived to be manifestly or that flip
blessing because one gets the opportu-             “The Supreme Court shall, within one              flop, chip away at the very credibility that
nity to set the tone, provide a context and        year after the ratification of this Con-          the Court ultimately anchors its authority
perhaps even help frame the important is-          stitution, adopt a systematic plan to             upon.
sues relating to these proceedings.                expedite the decision or resolution of                 It is only right that if we identify chal-
     Indeed, choosing the next Chief Jus-          cases or matters pending in the Su-               lenges, we must also proactively propose
tice is a defining moment for the Philippine       preme Court or the lower courts prior             solutions:
legal system.                                      to the effectivity of this Constitution.               To address the issues of corruption
     But while the importance of this              A similar plan shall be adopted for all           and competence, the first thing the Su-
changing of the guard cannot be gainsaid,          special courts and quasi-judicial bod-            preme Court Should do is to mount as
we should not lose sight of the larger ob-         ies.”                                             aggressive campaign to recruit the best
jective which is to overhaul an ineffective,                                                         and brightest lawyers and law students.
inefficient and inadequate justice system.           This command is contained in Article            This should be done fully realizing that its
     Indeed, this process should be less        XVIII, Section 12 of the 1987 Constitution.          work is only as good as the people who
about choosing one person but more                   In this regard, the latest figures as           do them.
about ensuring that genuine reforms are         contained in the 2010 Supreme Court an-                   The three branches of government
truly set in place to achieve that objective.   nual report show the following: (see table           should work hand in hand to improve the
     In the 2011 Global Competitiveness         below)                                               compensation packages, equipment and
Report released by the World Economic                You will note that the average disposi-         court infrastructure taking into account the
Forum, the Philippines ranked the lowest        tion rate for the entire Judiciary is 39%. In        work loads of judges as well as the physi-
among ASEAN countries in respect of the         other words, more than 60% of pending                cal and reputational risk that their position
three main indicators of a functioning legal    cases are not decided. It is quite apparent          entails.
system.                                         then what has happened to that 25 year                    While it is not practicable to fully
     Back home, in the most recent SWS          old Constitutional directive – not much. I           benchmark the judges’ pay versus the pri-
survey regarding public satisfaction with       shudder when I think about the financial             vate sector, the Court has the luxury of ap-
top government institutions, the Supreme        repercusions that this delay and conges-             pealing to a lawyer’s sense of patriotism.
Court’s net satisfaction rating dropped by      tion has caused our economy.                         I remember in College there was a poster
14 points from + 27 in March 2012 to +13             Unlike in the US and other developed            as recruiting potential Jesuits with the line
in May 2012. This is the lowest rating re-      countries where top law school gradu-                question “Why sell soap, build people.” In
ceived by the Court in recent memory. The       ates vie for limited judicial clerkships, in         the same spirit, perhaps the Court can en-
Court also ranked the lowest as compared        the Philippines, the bee line is with the            tice law graduates with a line like “ Why
to the other branches of government: the        top Makati law firms. We all know that any           just practice law, dispense justice.”
Senate, the House of Representatives            agency, be it in the private or public sec-               The issues relating to congestion of
and the Cabinet.                                tor, is as good as the people who are in             court dockets(as distinguished from judi-
     The first step in solving any problem      it. Hence there must be a concerted effort           cial writing) to the private sector so that the
is to acknowledge that there is a problem.      on th part of the Supreme Court to hire              latest technology can be used to track the
And the opposite to the saying, “if it is
broke, then we should fix it.”                                    Courts            Case input Case output % of Case Disposal
     I believe that the Philippine Legal sys-
tem faces four major challenges that all                     RTCs / MTCs            - 992,817     - 377,839       - 38 %
begin with the letter “C”. Corruption, Con-                  Court of Tax Appeals   - 1,067       - 315           - 30 %
gestion/Delay, Competence and Credibil-                      Sandiganbayan          - 2,405       - 247           - 10 %
ity.                                                         Court of Appeals       - 33,032      - 13,241        - 40 %
     “Hoodlums in Robes”, “Its not whether                   Supreme Court          - 22,547      - 14,057        - 62 %
you know the law but whether you know
the judge” are phrases mouthed not just                      total                  - 1,051,186   - 405,699       - 38.5 %
by legal practitioners but by non-lawyers

28                                              IBP: Celebrating 40 years, 1973-2013
                                                                                                                           The bar Tribune

status of cases. This way, judicial score      encouraged to write shorter decisions and         and accountable in its use of public funds.
cards can be developed to effectively          use language that the non-lawyer parties          It’s about time the Gods of Faura should
monitor court performance. Similarly, why      can understand.                                   realize they are more human and less di-
should court administration be assigned             A major culprit for delay is Article VIII,   vine. Every year, it should let the public
to lawyers when other professionals could      Sec 15 (1). This section counts the period        know what its goals, objectives and key
do a better job? Now if a lawyer had an        within which to decide cases from the time        result areas are. Thereafter, it should per-
MBA degree as well, that would be a dif-       a case has been submitted for decision.           haps hold its own State of the Judiciary
ferent story.                                  But, it can take 5,15, even 30 years before       address to report on its performance.
     The inter-related problems of conges-     a case is deemed submitted. So in reality,             In short, the Supreme Court should
tion and delay stem from the inflow and        the Constitution has not arrested but has         exhibit not just political but judicial will in
outflow of cases. The simple solution is       in fact countenanced delay. The quick fix         creating a justice system that we can all
to reduce the inflow and increase the out-     is to amend this section so that we count         be proud of.
flow. How do i propose to do this.             the period not from the date of submission             These are my initial thoughts on the
     The Supreme Court should educate          but from the date of filing.                      challenges facing our legal system. I have
the citizenry that going to court is not the        Finally, to maintain and enhance its         a few more but i do not wish to abuse the
only, and more often than not, the more        credibility, the Supreme Court should lead        time given by the Council. I am now ready
cost and time efficient way of settling a      by example. It should wipe out its own            for recitation.
dispute. Hence, the use of Alternative Dis-    back log. It should be more transparent
pute Resolution techniques such as Court
Annexed Mediation and Judicial Dispute
Resolution should continue to be encour-
aged. This can significantly decrease the
cases that the Courts have to deal with.
     On the other hand, to increase the
outflow, the Supreme Court should incen-
tivize and properly recognize performers
both in terms of the quantity and quality
of decisions penned. In the same spirit,
it should disincentivize and penalize the
laggards who are not doing their job.
     The Rules of Court should be amend-
ed so that the filing of frivolous cases
and interlocutory appeals are minimized.
There should be a limit to the motions to
postpone and seek an extension of time
to file a pleading. Judges should also be




                                                goverNINg wIsely
                                                   aNd justly
                                                 (My Quintessential Judicial Philosophy, Vision, Mission And Work Program)


                                                                                 Rene V. Sarmiento
                                                                          Chairman, Commission on Elections


    My Judicial Philosophy is found in two         realization of basic human rights,                and objectively secular concep-
concepts most close to the hearts of Filipi-       the enhancement of human dignity                  tion may at least be approximated.
nos. They are Social Justice and Human             and effective participation in dem-               Social justice means the promo-
Rights.                                            ocratic practices.”                               tion of the welfare of all the peo-
                                                                                                     ple, the adoption of the Govern-
Social Justice                                            -- II Record 606-607.                      ment of measures calculated to
                                                                                                     insure economic stability of all the
    Social justice is the centerpiece of            Coming close to this meaning of So-              competent elements of society,
the 1987 Constitution. There is, however,      cial Justice is Justice Jose P. Laurel’s              through the mainteanace of the
no definition of Social Justice in the 1987    explanation what this concept is all about            proper economic and social equi-
Constitution. But the framers of the funda-    when he wrote:                                        librium in the interrelations of the
mental law share the meaning of Social                                                               members of the community, con-
Justice articulated by the Chairman on             “Social justice is ‘neither commu-                stitutionally, through the adoption
Committee on Social Justice, Teresa F.             nism, nor depotism, nor atomism,                  of the measures legally justifiable,
Nieva, when she said that:                         nor anarchy,’ but the humaniza-                   or extra-consttituionally, through
                                                   tion of laws and the equalization of              the exercise of powers underlying
    “Social justice provides the mate-             social and economic forces by the                 the existence of all governments
    rial and social infrastructure for the         State so that justice in its rational             on the time-honored principle of

                                               IBP: Celebrating 40 years, 1973-2013                                                        29
august 2012

     salus populi est suprema lex.”             A. Maximize Section 5, Par. 5, Article            and establish ties with the Su-
                                                   X of The 1987 Constitution (“Prom-             preme Courts of other countries
         -- Calalang vs. Williams                  ulgate rules concurring the protec-            and foreign foundations for the
         G.R. No. 47800, (1940).                   tion and enforcement of consti-                purpose of knowledge-and-
                                                   tutional rights, pleading, practice            technical sharing on best judi-
Human Rights                                       and proceedure in all courts, the              cial practices like the epistolany
                                                   admission to the practice of law,              jurisdiction in India and the Ju-
      Human Rights refer to privileges,            the integrated bar, and legal assis-           dicial Conference of the United
claims and entitlements that pertain to            tance to the underprivileged”).                States of America. If there are
man and woman because of their human-                                                             best business, electoral and
ity based on the three principles of indivis-      1. Promulgate rules on new writs               peace practices, there are also
ibility, inter-dependence and universality            like writ of salvacion, writ of             best judicial practices. The Phil-
and because they are created in the im-               paglalansag, writ of juvenis, writ          ippine Supreme Court can learn
age and likeness of God.                              of bagong bayani, etc.                      from other countries and vice-
                                                   2. Creation of Special Human                   versa.
Achieving Social Justice and Human                    Rights Courts to declog court
Rights                                                dockets.                              D. Boost Philippine Judicial Academy
                                                   3. Improve legal assistance to the
      To achieve Social Justice and Human             underprivileged through “bare-           1. Establish Institute on Para-Le-
Rights, there must be a balance between               foot” lawyers and senior law                gal Work that will train para-le-
Judicial Restraint and Judicial Activism.             students.                                   gals to assist lawyers in provid-
Judicial Restraint means that justices and         4. Encourage development of a                  ing legal assistance to the poor.
judges must show great deference to the               law curriculum that includes ad-         2. Explore and study new vistas
legislature and previous court decisions              ditional units on values and vir-           and models in law that will make
and therefore slow to make drastic chang-             tues.                                       law an all-out tool for changing
es in public policy. Judicial Activism holds       5. Intensify automation of judicial            lives and institutions.
that justices and judges play an important            system.                                  3. Study Role Models/Who In-
role in public policy and are open to over-                                                       spires You for new judges, jus-
turn law and precedents.                        B. Enhance Communication/Linkage                  tices, lawyers. A role model is
      To further achieve Social Justice and        with the Public                                worth a thousand arguments.
Human Rights, there must be a balance
between Strict Construction and Loose              1. Once-a-month or quarterly            Blaze New Trails
Construction. Strict Construction believes            Steps-of-the-Supreme      Court
that justices and judges should limit them-           chat with the media.                     Amid calls to rejuvenate the Supreme
selves to narrow interpretation of the             2. Connect with governmental in-        Court and make it faithful to its role as bul-
Constitution’s text and avoid enlarging               stitutions and non-governmen-        wark of the people’s rights, it is worth pon-
the power of the government. Loose Con-               tal organizations that seek to       dering the words of Chief Justice Roberto
struction maintain that the Constitution al-          enable and empower the vul-          C. Concepcion when he spoke on the oc-
lows the government to adopt to specific              nerables.                            casion of his retirement from the Supreme
crises or to the call of times.                    3. Build bridges with Government        Court:
      All these four approaches find bal-             Organizations/Non-Govern-
ance in what I call Judicial Creativity. It           mental Organizations that are            “...the Supreme Court is now called
is harmonizing the approaches to bring                involved in peace work. Use              upon to blaze new trails, and the
about the function of the common good                 the vast reservoir of peace,             Philippine Bench, as well as the
through law.                                          goodwill, talent and expertise           Bar and the people in general, are
      A Chief Justice who, to me, is an               of Justices, Judges and law              looking forward to administrative
epitome of judicial creativity is Roberto C.          professors to advance conflict           measures and precedent setting
Concepcion with his ponencias in Stone-               resolution and transformation in         decisions tending to bolster up the
hill vs Diokno, 20 SCRA 383 and Lansang               society.                                 independence of the juduciary, ex-
vs. Garcia, 42 SCRA 448 and his expla-                                                         pedite the administration of justice
nation of the meaning of judicial power in      C. Enhance International Networking            and otherwise foster the people’s
The 1987 Constitution.                             with Judicial Bodies and Foreign            faith in our courts of justice as in-
                                                   Foundations/Organizations.                  strumentalities of their welfare.”
Vision-Mission
                                                   1. The Supreme Court shall open             Thank you.
    My vision is a judiciary that is ethical          channels of communication
and moral, independent and transpar-
ent, and committed to the promotion of
common good. A judiciary that will wage
a revolution by law to touch and change
people’s lives especially the vulnerable
and marginalized.

Work Program

    Judicial Philosophy, Vision-Mission
shall only be meaningful if there are pro-
grammatic activities to give them “breath”
and “feeling.” To make them fully alive.
In concrete, these activities will fall under
three categories, to wit:

30                                              IBP: Celebrating 40 years, 1973-2013
                                                                                                                           The bar Tribune


                                                  tHe suPreme Court
                                                  a Quarter CeNtury
                                                     aFter edsa 1
                                                                                Raul C. Pangalangan
                                                                    Professor and Former Dean, UP College of Law

     I am glad that the Integrated Bar of       dation for friends, family or lobbyists, or        now holds it to account to the people.
the Philippines has asked the nominees          as vendetta against personal or political               Just to be clear. When I say this, I am
to focus on precisely the two key issues        foes. That is a genuine and real problem.          not pointing an accusing finger at anyone,
that require the leadership of the Supreme      Unless we address it, all the other reforms        but merely pointing out how history has
Court and its Chief Justice at this critical    look hollow.                                       brought us to this moment. In other words,
point in our history.                                 I think we have unduly focused on just       judicial overreach and the expansive ex-
     The IBP has called upon the nominees       one aspect of de-politicizing the courts,          ercise of judicial power is the product of
to discuss their judicial philosophy, which     namely, insulating the institution from the        the inexorable march of history that be-
focuses on the Supreme Court’s work of          political branches of government. We do            gan in the anti-Marcos struggle. Remem-
deciding cases, of writing decisions to set-    this by minimizing the role of the politi-         ber that when we were under martial law,
tle “actual cases and controversies” that       cians in the appointment and promotion             and faced with the abuses and excesses
are brought before it. Through its power        of judges, and by safeguarding the judi-           of executive power, democracy activists
of judicial review, the SC interprets the       ciary’s fiscal autonomy in the budgetary           sought refuge in the courts and the rule of
Constitution and can strike down the acts       process so that it can adequately reward           law. And when we regained our democra-
of the political branches of government. In     its judicial and support staff for jobs well       cy under Cory Aquino, the Constitutional
so doing, the SC establishes judicial prec-     done. That is all well and good. Indeed the        Commission appointed by Cory wrote that
edents that will guide all the courts of the    Court’s structural autonomy is built into          belief into the 1987 Constitution.
land on how to decide similar cases in the      the 1987 Constitution, and it has been a                The result is the expanded definition
future. This first topic thus deals with the    continuing struggle to preserve that au-           of judicial power under Article VIII §1 of
Court’s leadership in the task of adjudica-     tonomy in actual operation.                        the Constitution that enables the courts to
tion by which the Chief Justice and the               But this focuses merely on the admin-        review just about any act of government.
Court define justice for our time.              istrative aspects of de-politicizing. There        The clause, coupled with increased public
     The IBP has also called on the nomi-       is actually a judicial aspect that fosters         expectations, has pushed the courts into
nees to present their plans for judicial re-    politicization. It is the root of politicization   what an SC justice himself called the “un-
form, which deals with the Chief Justice’s      which draws the politicians and lobbyists          charted ocean of social and economic pol-
administrative leadership in addressing         to see the court as open season for po-            icy making.” In doing so, the Court steps
the perennial problems of the judicial sys-     litical pressure. It opens the floodgates to       down from its Olympian pedestal from
tem. At the outset, let me identify these       the manipulation of legal reasoning that           which applies the transcendent norms
problems as the following: delay, docket        eventually infects and contaminates the            enshrined in the Constitution, and joins
congestion and judicial backlog; graft and      judiciary even in non-political cases.             the fray with the politicians in the elected
corruption; and the recruitment of the best           That judicial aspect is the expansive        branches whose business is to engage in
and the brightest into the ranks of the Bar     use of judicial review through which un-           mere day-to-day politics.
and of the Bench. This second topic thus        elected judges pass judgment over what                  I am not saying that the Court should
deals with the Court’s leadership in judi-      are essentially discretionary policy deci-         shy away from the most contested issues
cial administration by which the Chief Jus-     sions made by the elected branches of              of our time. There are many progressive
tice and the Court manage the practical         government.                                        causes that have been constitutionalized
mechanisms by which we deliver justice                I will not go over the list of the many      like human rights, social and economic
to our people.                                  SC decisions that have thrust the courts           equality, and the protection of the environ-
                                                into the thick of political debates, and ex-       ment. But there are also time-tested legal
Judicial philosophy:                            posed it to political attack just like any oth-    doctrines to ensure that the judicial power
De-politicization of the courts                 er branch of government. The best proof            is used wisely and judiciously, and that its
                                                in fact is that today the Supreme Court            legitimacy is not dissipated needlessly.
     As to the first, the principal challenge   has an official spokesman, a break from
today is the de-politicization of the courts.   the long tradition that a court speaks only        A managerial approach to
     We have long struggled to ensure           through its decisions, nothing more and            judicial reform
that judges decide cases solely on the          nothing less. That the Court has seen fit
basis of law and on the merits, and have        to designate a spokesman to announce                     In the past decade and a half, I have
long feared the intrusion of all sorts of       and explain its decisions on mass media            been exposed to many judicial reform ac-
improper influences that push judges to         shows that, after Edsa 1 and under the             tivities as Law Dean for two terms at the
use their decisions for political payback       1987 Constitution, the Filipino pubic has          U.P. College of Law, and as chair of Ban-
to their patrons, as personal accommo-          made more demands upon the Court and               tay Katarungan. I recognize the advances

                                                IBP: Celebrating 40 years, 1973-2013                                                      31
august 2012
that have been accomplished. What I pro-        cedure: maximizing pre-trial and modes             CHAPTER NEWS
pose is to take these exclusively legalistic    of discovery, the continuous trial system
reforms and look at them from a manage-         now being piloted in some courts, the use          IBP Bulacan Chapter
rial standpoint, to see how they operate in     of “judicial affidavits” in lieu of direct ex-    Round-Up of Activities
actual operation.                               amination, etc. But we must also ask our-
     For instance, we need quality control      selves why it has been difficult to imple-
in the hiring of our judges but in order to     ment these reforms at ground level, and
do so, we must improve recruitment and          why at times the very lawyers and litigants
selection at the lower levels of the courts.    who should insist on hastening the pro-
I propose that, rather than just wait for ap-   cess are loathe to avail of these reforms.
plicants for judicial vacancies, rather than    We must also review the MCLE to make it
just announce these vacancies in news-          more meaningful and practice-oriented so
papers, we must more proactively encour-        that lawyers become more open to these
age quality applicants to the judiciary.        procedural reforms.
                                                     Finally, another example will show
 • We must begin spotting good material         the need to situate legal reforms in con-
   for judicial posts starting with the law     text. Under the leadership of the Court,
   schools, where we can organize semi-         through the initiatives of Justice Roberto
   nars for students who show interest in       Abad, we have embarked on the most
   becoming judges.                             radical and progressive reforms thus far
 • We must work hand in hand with the           in the Philippine bar examinations. I fully
   IBP in identifying potential judges from     support those reforms. But I would also
   the ranks of practitioners.                  add that these reforms are best institution-          In the aftermath of the recent devas-
 • We must streamline the application           alized through a sitting committee of Bar        tating natural calamities affecting various
   process. From my own experience,             Examiners. For as long as we remember,           regions of the country, forewarned is fore-
   the documentary requirements before          the bar exams have always been admin-            armed, which was the underlying theme
   the JBC are really heavy. It is in fact      istered by what I call “solitary Bar Examin-     of the Bulacan Environment Summit. The
   a practical deterrent that can other-        ers.” But that is also the best guarantee        summit was organized by IBP Bulacan
   wise discourage interested applicants,       that the reform effort has no “institutional     Chapter in partnership with the Bulacan
   especially if they are young lawyers         memory”, that mistakes committed this            Environment & Natural Resource Office
   thinking of the entry-level seats in the     year will not be repeated next year, and         and Bulacan State University.
   bench. The clearances alone – from           that over time successive Bar Examiners               The summit was held last June 21
   the Ombudsman, the Bar Confidant,            will build upon the experience of those          at the Hiyas Pavilion Center in Malolos,
   the Police, the NBI, the Mandatory           who came before them. Otherwise our re-          Bulacan. The summit focused on Effec-
   Continuing Legal Education Commit-           forms are hostage to a system based on           tive Disaster Risk Reduction and Climate
   tee, all the way to the notarized medical    the solitary Bar Examiner which keeps us         Change Adaptation.
   certificate – can be streamlined so that,    from benefitting from accrued wisdom.                 Meanwhile, IBP Bulacan Chapter
   government-issued clearances can be               I give these examples merely by way         President Atty. Ted Villanueva has re-
   secured by the JBC via inter-agency          of demonstrating what a managerial ap-           leased a summary of accomplishments
   cooperation that actually merely sup-        proach can bring to judicial reform. This is     for the first six months of 2012. The list
   plements the background investigation        what ties together my judicial philosophy        includes Accidental Death Insurance cov-
   that the JBC already undertakes. That        with my approach to judicial reform. The         erage for IBP Bulacan Chapter members
   will lessen the burden of applying as        common thread is that a Chief Justice, as        in the amount of One Hundred Thousand
   a judge, so that the applicant can fo-       the leader of the judiciary, has to see the      Pesos, a Legal Mission in Calumpit and
   cus on the substantive requirement of        Supreme Court in the context of history,         San Ildefonso and a golf tournament
   demonstrating merit and competence.          stand above the grayness of reality, and         dubbed “Hampas Lupa para sa Inaaping
                                                define its role in the grand constitutional      Dukha.”
   Second, we must give credit to the           design for the “shaping and application of            The chapter also sponsored the IBP
Court for all the reforms to streamline pro-    those wise restraints that make us free.”        Bulacan Invitational Basketball Tourna-
                                                                                                 ment, Jail Visitation and Holy Wednesday
                                                                                                 Recollection.
                                                                                                      The Chapter conducted two Legal
                                                                                                 Fora - with the BIR in regard to the Cor-
                                                                                                 rect Filing of Taxes, and with the DENR
                                                                                                 on the matter of Environment Cases. The
                                                                                                 chapter also took part in the Central Lu-
                                                                                                 zon Shootfest and a Regional Sportsfest.
                                                                                                      Among the regular Chapter activi-
                                                                                                 ties are: Legal Aid Clinics on Tuesdays
                                                                                                 and Thursdays; Bible Study Meetings on
                                                                                                 Tuesdays; Monthly Legal Aid Committee
                                                                                                 Meetings; Monthly Board Meetings and
                                                                                                 Quarterly Jail Visitations for the Jail De-
                                                                                                 congestion Program.



32                                              IBP: Celebrating 40 years, 1973-2013
                                                                                                                           The bar Tribune




                                                            tHougHts oN
                                                            tHe judICIary
                                                                                     Amado d. Valdez
                                                                                   Dean, UE College of Law




      There must be a thorough re-assess-         sion, a way of life that may be desirable        as expressed in their Constitution. Javel-
ment of the entire legal experience from          even if the law cannot achieve or enforce        lana did not follow the wisdom of the 1935
the conference rooms of law to the court-         it”. There is a public clamor for good gov-      Constitution requiring people’s ratification
rooms, hearing rooms of quasi-judicial            ernance, accountability and elimination          of the proposed constitution resulted in
bodies, and even the chambers and offic-          of graft and corruption. The justices must       Martial Law, while De Castro ignoring the
es of judges, justices, arbiters, arbitrators.    capture these prevailing aspirations and         evil to be avoided in the midnight ban of
      Yes, people admire the public display       make them real in their decisions over and       the 1987 Constitution resulted in the un-
or demonstration of legal procedures, but         above technicalities and avoid narrowing         precedented impeachment of the Chief
are these not in many cases mere preten-          of the application of judicial precedents to     Justice. Perhaps, an important lesson to
sions to show that justice is done although       suit a certain result. Describing his role as    be drilled in the consciousness is the dic-
the reality is that what is delivered to the      a decision-maker, a US Supreme Court             tum that the will of the people expressed
litigants are the dictates from the power-        Justice said that “every time he writes a        through their law is the will of God.
ful, wealthy, or influential parties working      decision he feels he’s adding one more                The first order of business of the
behind the scenes?                                chapter to the American saga.”                   new Chief Justice, therefore, must be the
      I am sure that during client-lawyer               Judges must understand that law is a       adoption of measures, in fact a vision, to
conferences, many advice or suggestions           carrier of the nation’s values derived from      restore in the judiciary that collective con-
given include talks about enlisting pow-          previous experiences. The notoriety of the       sciousness of making their decision not
erful and influential persons in addition         Javellana decision giving judicial imprima-      only consistent with the letters of the law
to discussions of sound legal principles          tur to the constitutional basis of Marcos’s      but the spirit expressed therein. In this
that apply in a particular case. This gives       martial law, gave rise to the provisions in      way, the judiciary will be immensely con-
credence to the scuttlebutt that one’s suc-       the 1987 Constitution on judicial inquiry        tributing in cultivating the pre-conditions
cess in law practice begins at the start of       of the factual basis of the declaration of       for economic development, such as politi-
the process for judicial appointment.             martial law. The midnight appointment            cal stability, peace and order, rule of law,
      The work to redeem the judiciary from       during the last days of the Garcia admin-        and disciplined people for the common
cynicism of its own members, of the legal         istration likewise brought constitutional        good. An Integrity Council in every region
community and of the public as a whole,           prohibitions. Yet, nine (9) members of the       must be installed as peer mechanism to
will take a long road and the first step be-      present Supreme Court in the case of De          sustain this ideal vision.
gins with an acceptance that the judiciary        Castro v. Judicial and Bar Council held               Looking in the long term is the pos-
as a community has lost the collective            that the said constitutional ban did not ap-     sibility creating a Constitutional Court that
consciousness of the basic function of the        ply to appointments in the Supreme Court.        will deal with political questions. Under
law and of the courts.                            They abandoned the 1998 Valenzuela               the second clause of Article VIII, Section
      The credibility of a decision is not be-    decision, saying condescendingly that “it        I, par. 2 of the 1987 Constitution, the Su-
cause the judge is competent, while this          deserves to be quickly sent to the dustbin       preme Court is no longer the weakest of
quality is equally important. The decision        of the unworthy and forgettable.” Reading        the three departments of the government,
must be a acceptable in the light of reason       the Javellana and De Castro decisions in         metamorphosing from a timid judiciary
and experience which when taken togeth-           1973 and 2010 respectively, show basic           which was prevented from looking into the
er constitute the spirit of the law. Every fair   disregard of the collective will of the people   validity of martial law because of the po-
and just decision builds people’s trust and
confidence in the long run.
      The Supreme Court has a unique and
paramount responsibility when it renders
a decision. This way it participates in mak-
ing the laws. It also shares governance.
It exercises a sort of legislative function
because its decision becomes part of the
law of the land. It partakes of governance
because its decision becomes precedent
that guides the implementation of the vi-
sion of the people expressed through the
laws or Constitution.
      Judges must be reminded that a
case, beneath the legalese, is a contest
between right and wrong and a good de-
cision is a story of good prevailing over
evil. A judge guides and “promotes a vi-

                                                  IBP: Celebrating 40 years, 1973-2013                                                     33
august 2012
litical questions doctrine. It can now look      Spanish Constitutional Court comprises         other concepts worth looking into like trial
into policies of the political departments of    twelve members, four are proposed by the       by jury perhaps up to less grave offenses
the government if there is grave abuse of        Chamber Deputies, four by the Senate,          and in civil cases in such amounts where
jurisdiction amounting to lack or excess of      two by the Government and two by the           paying the members of the jury will not
jurisprudence. This offers a temptation for      General Council of the Judiciary. In order     worth it. We can introduce the no-contest
political partisans to win Supreme Court         to ensure continuity of the Tribunal’s ac-     be system of pleas and community service
justices on their side, starting with their      tions, one third of its members shall be ap-   as penalty for youthful offenders, instead
selection, appointment and stay in office.       pointed every three years. The President       of exempting them from criminal liability.
The intensity of political issues will con-      of the Court is elected among the mem-         The requirement of legal aid service must
tribute to the erosion of public trust in the    ber. The decisions of the Constitutional       be mandatory and longer for those who
Supreme Court’s independence and in-             Court cannot be appealed by anyone.            aspire for judicial posts. The profession-
tegrity especially those cases heightened             The Federal Supreme Court of the          alization of the management of courts, a
by high public expectations.                     United States is substantially a constitu-     course on court management for exam-
      A constitutional court shall handle        tional court, respecting the jurisdiction of   ple, computerization of records, introduc-
these issues. In Spain, according to Wike-       the State Supreme Courts.                      tion of recording technology during trial,
pedia, a Constitutional Court, other than             The Integrated Bar of the Philippines     vigorous introduction of cyber-technology
its Supreme Court, is the highest judicial       is the most dynamic professional organi-       are in order. All these measures, from hu-
body with the power to determine the con-        zation in the country. Taken cumulatively,     man engineering to technology can expe-
stitutionality of acts and statutes of the       our experiences are more than the best of      dite the delivery of justice in the country.
Spanish government. It is the “supreme           logic look into different modes to ensure      All measures or innovations, however, will
interpreter” of the Constitution, but since it   the viability of our judicial system. There    fail if the human component, especially
is not part of the rest of the Spanish Judici-   is already a successful implementation of      those in the High Court, will fail.
ary for almost all other judicial matters, the   the mediation system as well other alter-           Hope springs eternal with the IBP.
Supreme Court is the highest court. The          natives in disputes resolution. There are



                                                  “tHe CorreCt treatmeNt
                                                 wIll dePeNd oN dIagNosIs
                                                 oF tHe root Causes uNder-
                                                    lyINg tHe symPtoms”
                                                                            Manuel de Jesus Siayngco
                                                                          Judge, RTC Branch, Malolos, Bulacan

     Today we are gathered in a public fo-       ating mga hukom at empleyado ng mga            magbayad ng sedula, maglimos sa mga
rum on “The search for the next Supreme          hukuman at gayun din ang mga abogado           sermonias at sakramento ng simbahan
Court Chief Justice.” The letter invitation      at mamamayang humaharap sa ating mga           at lumuhod at mag-Besa-Mano sa Kura
that I received from our IBP President           hukuman at naghahanap ng katarungan?           Paroko ng tinaguriang AMONG.
Atty. Roan I. Libarios stated that the twen-           Matapos ang nakaraang unang li-               The answers to the present ques-
ty-two (22) candidates are being invited         mang (5) buwan ng taong 2012 ng pa-            tions and issues on corruption, delay in
to present their “Judicial Philosophy and        glilitis at paghatol ng Senado sa impeach-     the disposition cases and injustices within
Judicial Program or Reform Agenda”.              ment case number 02-2011 laban sa              the halls of justice were the same issues
Let me present to you right away, ladies         dating Punong Mahistrado Renato C. Co-         confronted by our national hero Dr. Jose
and gentlemen, my JUDICIAL PHILOS-               rona, ang buong bayan ay nagtatanong           Rizal in his novel Noli Me Tangere. In
OPHY: Mat. 25, 31 – 46; my JUDICIAL              at naghihintay ng mga kasagutan sa ka-         more recent times, these problems have
PROGRAM: Lk. 4, 18 – 19, my REFORM               nilang mga suliranin at hinaing tungkol        been exposed and given a wide publicity
AGENDA: 2 Tim. 4, 6 – 8.                         sa katarungan. Ang kasalukuyang yugto          in the book “Shadow of Doubt” written by
     I believe that the IBP is interested not    ng kasaysayan ng ating bansa ay naha-          Marites Vitug.
so much in the personal lives or religious       hawig sa kalagayang umiiral dito noong              Sa loob ng labing-anim (16) na taon
beliefs of the candidates but on what an-        mga taong 1896–1898, na kinakitaan din         ng pagiging hukom ng inyong lingkod
swers they would give to the questions           ng pagtitiis, pag-aalsa, paglaban at pag-      sa MTC Malolos Br. 2 (1995 – 2001) at
that are in the minds of everyone spe-           tatagumpay ng Sambayanang Pilipino             RTC Bulacan (2001 – 2011), ako po ay
cifically on the issue of how each of the        laban sa pagmamalabis at pagpapahirap          naging saksi at nagpasan ng maraming
candidates would prove themselves to the         ng mga mananakop na Kastila, at laban          krus sa pakikibaka laban sa mga suliran-
JBC and to the Filipino people on the con-       sa pangangamkam ng mga lupain at               ing nabanggit maging sa mga panulat ni
stitutional requirement of moral integrity,      pambubuntis ng mga prayle sa kanilang          Bb. Marites Vitug. Upang pangalagaan
probity, competence and independence.            mga kadalagahan. Ang ating mga ninu-           ang mga pangalan at pagkatao ng mga
     Bilang tayo ay mga mag-aaral ng             no, matapos mamulat sa pamamagitan             nasasangkot sa mga kasong naidulog sa
batas at bilang mag-aaral ng kasaysayan          ng mga nobelang Noli Me Tangere at El          ating hukuman at naging daan para sa
mayroong mga katanungan at isyu tung-            Filibusterismo ay nag-alsa, lumaban, at        kasalukuyang kawalan ng tiwala “betray-
kol sa ating Hudikatura na naghahanap            nagwagi sa kapangyarihang kolonyal ng          al of public trust” ng ating mamamayan sa
ng mga kasagutan. Ano ba ang kasaluku-           Espanya na pinairal ng mga prayle, guar-       ating mga hukuman, bayaan po ninyong
yang kalagayan ng ating mga hukuman at           dia sibil at Huez de Paz na nagpatupad         aking tunghayan ang mga panulat at
mga institusyon ng katarungan sa ating           ng mga kinamumuhiang batas at nagpa-           karanasan ni Gat. Marcelo H. Del Pilar:
bansa? Ano kaya ang mga karanasan ng             rusa sa mga lumalabag sa tungkulinng                “Noong binata pa si Del Pilar at mag-

34                                               IBP: Celebrating 40 years, 1973-2013
                                                                                                                   The bar Tribune
                                                                                           Supreme Court will depend on his diag-
                                                                                           nosis of the fundamental problem affect-
                                                                                           ing the judiciary and the administration of
                                                                                           justice. In the eyes of a doctor, the correct
                                                                                           treatment of any disease will depend on
                                                                                           what is his diagnosis of the root causes
                                                                                           underlying the symptoms: corruption
                                                                                           within the ranks, delay in the disposition
                                                                                           of cases, unequal justice for the rich and
                                                                                           the poor, selective/preferential treatment
                                                                                           of detention and convicted prisoners, etc.
                                                                                                 On June 15, 1215, rebels in England
                                                                                           led by nobles and barons defeated King
                                                                                           John and compelled him to sign what
                                                                                           was, and is, known as the Magna Carta.
                                                                                           The most substantive clause of the Mag-
                                                                                           na Carta was giving the subjects or the
                                                                                           citizens the right to be tried first and ad-
                                                                                           judged by their fellowmen and peers be-
aaral ng batas sa Pamantasan ng Sto.         pagbabangon sa Kabite, si Pari Toribio        fore they can be imprisoned or beheaded
Tomas, siya’y tumayong ninong ng isang       del Pilar, panganay na kapatid ni Plaridel,   or deprived or property or freehold or lib-
sanggol sa isang binyagan. Napansin ni-      ay ipinadakip dahil kasabawat diumano         erty. The establishment of the jury system
yang ang lahat ay nagbabayad ng dala-        nina Padre Jose Burgos. Si Pari Toribio       in England deprived the King of the Power
wang reales, ngunit sa kanya ang siningil    ay pansamantalang ipiniit sa Malolos.         to judge his subjects.
ay apat na reales sa dahilang ang sang-          Pagkaraan ng ilang araw, siya’y inalis          Before the signing of the Magna Car-
gol ay isinilang sa ibang pook.              sa kulungan mula sa Malolos patungo sa        ta, King John was so despotic, ruthless,
    “Ito’y mahigpit na tinutulan ng ating    kanyang Bulakan, may piring ang mga           corrupt and so brutal to the people he
binata hanggang ang prayle ay nagbitiw       mata at nakatali ang mga kamay ng lubid       would suspect of defaming him or simply
ng maalipusta at malaswang pananalita.       na nakakabit sa renda ng kabayo.              criticizing him. Since the day Jury System
Pinanatili ni Del Pilar ang kanyang pag-         Nang matunghayan ni Plaridel ang          began in England, English people lived a
kamaginoo. Siya’y magalang na nagpaal-       kalunus-kunos na kalagayan ng kanyang         peaceful life. They no longer experienced
am kasabay ng pagsasabing hindi siya         kapatid, kanyang pinakiusapan ang kapi-       to be hanged just because the King or
maaaring maging isang ninong o kaya’y        tan ng mga guwardiya sibil ng mangyaring      Queen decreed it so. Since the signing of
mamalagi sa isang bahay dalanginan na        isakay sa kanyang kabayo si Pari Toribio      Magna Carta, no more King or Queen be-
ang panuntunan ng mabuting edukasyon         at pahintulutang makapanhik kahit isang       came despotic or abusive and those who
ay hindi sinusunod.                          saglit man lamang sa kanilang tahanan sa      were punished by the jury were only those
    Isinumbong ng kura ang binatang          Cupang upang mabasbasan ng kanilang           were truly guilty. Thus, Winston Church-
Del Pilar sa gobernador sibil ng Maynila     may karamdamang ina. Ang pakiusap ay          ill later said that there can be no govern-
bilang filibustero. Siya’y nahatulang nag-   hindi dininig ng puno ng guardiya sibil sa    ment that will be abusive if there is a jury
kasala sa hukuman ng Unang Dulugan sa        upat ng isang prayle.                         that exists.
Quiapo at ikinulong sa Bilibid. Sa tulong        Buhat sa kanyang baying sinilangan,             When the United States of America
ng isang kapitbahay ng puno ng military      si Pari Toribio ay dinala sa Maynila upang    (USA) was born July 4, 1787 in Philadel-
sa Maynila, si Plaridel ay pinalaya pag-     ipatapon sa Marianas, sa gitna ng Kara-       phia, the leaders led by General George
karaan ng isang buwan sa bilangguan.         gatang Pasipiko, kasama ang kanyang           Washington made it sure that the jury
    Ang pangyayari ang dahilan kung          kababayang si Pari Mariano Sevilla y Vil-     systems were installed to ensure that the
bakit pinigil ng mga prayle ang kanyang      lena.”                                        Whites would not discriminate against the
pag-aaral ng abogasya sa loob ng isang           Whatever solutions may be proposed        Blacks and other races. Thomas Jeffer-
taon.                                        and whatever reform program may be            son described the jury as the anchor by
    Noong 1872, matapos maganap ang          launched by the new Chief Justice of the      which the nation can hold together.

   CHAPTER NEWS

               10th easterN vIsayas regIoNal CoNveNtIoN
                        to Be Held IN Palo, leyte
                                             The 10th IBP Eastern Visayas              following account:
                                         Regional Convention will be held
                                         on September 20-22 at the Ori-                     Account Name: IBP Leyte
                                         ental Hotel & Resort, Baras, Palo,                 Chapter Metro Bank Zamora
                                         Leyte. The convention offers 18                    Branch, Tacloban City.
                                         units of MCLE.                                     Account No.: 007-007-20707-3
                                             Registration Fees are: P6,000,
                                         if payment is made on or before                   For more details please contact
                                         August 20; P6,000 for lifetime                the IBP Leyte Chapter at Tel. (053)
                                         members; and P6,500, if payment               321-7811; IBP Cebu Chapter at
          Atty. Manuel L. Enage, Jr.     is made after August 20 or on-site.           Tel. (032) 2547787 and IBP Cebu
         Governor for Eastern Visayas    Payments may be deposited to the              City Chapter at (032) 2536713.

                                             IBP: Celebrating 40 years, 1973-2013                                                  35
august 2012



                                                         a suPreme Court
                                                         IN tHe servICe oF
                                                          law aNd justICe
                                                                                   Rafael A. Morales
                                                                   Partner, Sycip Salazar Hernandez & Gatmaitan Law

     Unlike in the United States where the       grave abuse of discretion amounting to          pose of it according to law and justice.
power of judicial review is not expressly        lack or excess of jurisdiction. For instance,   Pursuant to Rule 2.03, Canon 2, of the
conferred in the U.S. Supreme Court and,         if I were in the Supreme Court at the time      Code of Judicial Conduct, he must “not al-
therefore, there was a need for Chief Jus-       the case of Allied Banking Corporation v.       low family, social, or other relationships to
tice Marshall in Marbury v. Madison to           Court of Appeals was decided, I would           influence judicial conduct or judgment.” A
fashion and claim it for the U.S. Supreme        have dissented, because the majority            judge who cannot act independently must
Court, the Supreme Court of the Philip-          there effectively expanded the coverage         recuse or inhibit himself from the case. If
pines is expressly granted the power of          of the Trust Receipts Law, in violation of      appointed as Chief Justice of the Supreme
judicial review in Article VIII of the 1987      the fundamental tenet that penal laws           Court, I will observe these guidelines.
Constitution. Moreover, our Supreme              must be strictly construed in favor of the            Let me turn now to my reform agenda.
Court can handle and decide cases in the         accused and cannot be enlarged in scope         Aside from institutionalizing transparency
first instance, meaning it is the first and      by implication. However, I would have           and accountability in the judiciary, there is
final judge of certain cases. I am referring     sided with the majority in Salvacion v.         an urgent need to decongest court dock-
here, for instance, to the Supreme Court’s       Central Bank of the Philippines, in allow-      ets, and make the courts more accessible
original jurisdiction over petitions for cer-    ing the garnishment of the U.S. dollar de-      to the people. In this connection, I will ini-
tiorari, prohibition, mandamus, quo war-         posit of a foreign national who had raped       tially pursue the following reforms:
ranto, and habeas corpus.                        a 12-year old Filipina and was trying to
     Whether the Supreme Court is exer-          use as a defense the prohibition in the         1. Upward adjustment of the salary
cising judicial review or hearing a case         Foreign Currency Deposit Act against the           scales of judges to attract a wider
originally, each and every Justice (includ-      garnishment or attachment of foreign cur-          range of applicants to the judiciary.
ing the Chief Justice) is bound by certain       rency deposits. Indeed, the literal enforce-    2. Further revision of the Rules of Court
rules of conduct that shape his judicial         ment of that prohibition would have com-           to reduce or eliminate technical re-
philosophy or decision-making process.           pounded the injustice to the rape victim.          quirements, and to make litigation
Rule 3.02, Canon 3, of the Code of Ju-           On the other hand, I would have objected           more affordable by reducing the filing
dicial Conduct mandates that: “In every          to the promulgation by the Supreme Court           fees.
case, a judge shall endeavor diligently to       of the Rules of Procedure on Corporate          3. Establishment of additional divisions
ascertain the facts and the applicable law       Rehabilitation, because this set of rules          of the Court of Appeals and strength-
unswayed by partisan interests, public           is not only procedural but also legislative        en the research staff of the judiciary
opinion or fear of criticism.”                   in thrust as it effectively amended the In-        to expedite the disposition of cases
     In cases where there are clear-cut le-      solvency Law. The Supreme Court should             more competently.
gal provisions or rules applicable to a set      have exercised judicial restraint there and     4. Filling up vacancies in the lower courts
of facts, a judge should find no difficulty      avoided performing what was essentially            and improving court infrastructure.
in complying with Rule 3.02 of Canon 3.          a legislative function.                         5. Stricter enforcement of the deadlines
His task here is simply to apply preexist-             I am aware of the criticism that to          for the disposition of pending cases.
ing legal provisions or rules to the facts, in   strike down an executive order or a leg-        6. Greater support for the Philippine Ju-
deciding the case. However, the task be-         islative act is to be counter-majoritarian,        dicial Academy in its mandate to en-
comes somewhat difficult when there are          since (according to the argument) the              hance the professional competence
no clear-cut legal provisions or rules ap-       President of the Philippines as well as            of judges.
plicable to the case in hand. Whether the        members of Congress are elected by the
judge likes it or not, he must decide that       majority of the people unlike the Justices           In this regard, I will actively work for a
case, in the light of the instruction in Arti-   who are merely appointed. However, this         substantial increase in the share of the ju-
cle 9 of the Civil Code that: “No judge or       criticism overlooks the fact that the people    diciary in the national budget, through the
court shall decline to render judgment by        themselves have given that power to the         Supreme Court’s participation in the Ju-
reason of the silence, obscurity or insuf-       Supreme Court, as the Justices are man-         dicial Executive and Legislative Advisory
ficiency of the laws.” It is in this situation   dated by the Constitution “to determine         and Consultative Council.
that a member of the judiciary must navi-        whether or not there has been a grave                We have been wishing the executive
gate uncharted waters on his own, using          abuse of discretion amounting to lack or        and the legislative branches to exercise
his experience and guided by his beliefs.        excess of jurisdiction on the part of any       political will to implement much-needed
     There is here a spectrum one end of         branch or instrumentality of the Govern-        reforms in government. It is high time that
which is judicial restraint and the other is     ment.” Indeed, this quoted language of          we ask the Supreme Court to have the ju-
judicial activism. I am somewhere in be-         the Constitution has eroded the political-      dicial will to restore dignity and credibility
tween these two extremes. I will be in-          question doctrine.                              in the judiciary. I intend to guide the Su-
clined to be an activist and rein in execu-            Above all, the Chief Justice, like any    preme Court in this direction if I am ap-
tive or legislative action that unreasonably     other judge, must be independent. He            pointed as its Chief Justice.
deprives a person of his life or liberty, or     must confine himself to the merits of the            Thank you and good day.
even his property, or if there has been a        case and have no interest except to dis-

36                                               IBP: Celebrating 40 years, 1973-2013
                                                                                                                                    The bar Tribune


           IBP mINdaNao PreseNts
        resolutIoNs For Board aCtIoN




      At the Joint Eastern and Western Mindanao Regional Consultative Meeting (left to right): IBP President Roan Libarios, Governor for Eastern
          Mindanao Israelito Torreon, Governor for Western Mindanao Florendo Opay and Zambasulta Chapter President Jose Rizalino Ortega.


    The IBP Board of Governors, in its June 8-9,                                      dite the filling up of vacancies in the Ju-
2012 meeting, adopted and approved nine reso-                                         diciary.
lutions endorsed by the Joint Eastern and West-
ern Mindanao Regional Consultative Meeting. .                                         RESoLUTIoN No. XX-2012-168B –
    The joint meeting was held May 18, 2012 at the                                    requesting the Department of Justice
Quest Conference Hotel, Cebu City and attended                                        and the Office of the President to ex-
by IBP chapter presidents of Eastern and West-                                        pedite the filling up of vacancies in the
ern Mindanao. Governor for Eastern Mindanao Is-                                       Prosecution Service and in the Public
raelito Torreon, Governor for Western Mindanao                                        Attorney’s Office (PAO).
Florendo Opay and IBP President Roan Libarios
also attended the joint meeting.                                                      RESoLUTIoN No. XX-2012-168C --
    Aside from the resolutions, the joint meeting                                     requesting the Supreme Court to allow
also discussed plans for the holding of the Mind-                                     the IBP Eastern and Western Mindanao
anao Regional Convention in Zamboanga City on                                         Regions to set-up pay toilets in the Halls
October 4-6.                                                                          of Justice within their respective areas.
    Following are the resolutions submitted by the
Mindanao chapters and subsequently adopted by                                         RESoLUTIoN No. XX-2012-168d --
the IBP Board:                                                                        calling on the IBP Board of Governors
                                                                                      to prepare a comprehensive directory of
      RESoLUTIoN No. XX-2012-168 -- re-                                               all lawyers, including a list of all IBP ac-
      questing the Judicial and Bar Council to                                        tivities for the year, and to provide a free
      delete the “1st time bar-taker criteria” in                                     copy of said directory to all attendees of
      the nominations for the Judicial Excel-                                         the National Convention.
      lence Awards.
                                                                                      RESoLUTIoN No. XX-2012-168E --
      RESoLUTIoN No. XX-2012-168A --                                                  the IBP Board of Governors adopts the
      requesting the Judicial and Bar Council                                         policy that all IBP National and Chapter
      and the Office of the President to expe-                                        Officers who will run for elective office

                                                 IBP: Celebrating 40 years, 1973-2013                                                              37
 august 2012




              will be deemed resigned from the date                                                                                            attendance to said election meetings as
              of the start of the official campaign and                                                                                        duty on official time.
              NOT from the date of filing of certificates
              of candidacy.                                                                                                                    RESoLUTIoN No. XX-2012-168G --
                                                                                                                                               the IBP Board of Governors reconsid-
              RESoLUTIoN No. XX-2012-168F --                                                                                                   ers the disqualification of clerks of court
              the IBP Board of Governors amends                                                                                                from running for election as IBP officers.
              Section 12 (a) of the IBP Chapter By-
              Laws to effect the change of date of                                                                                             RESoLUTIoN No. XX-2012-168H --
              election of IBP Officers and Directors                                                                                           the IBP Board of Governors amends
              from the last Saturday of February of                                                                                            Section 12 (g) of the IBP Chapter By-
              every other year to the last Friday of                                                                                           Laws proscribing the ELECTION and
              February of every other year; resolving                                                                                          not the NOMINATION of a person in
              further to request the Supreme Court                                                                                             more than one office during the same
              and Government Offices to authorize                                                                                              election.

                                                                              IBP mINdaNao CHaPter PresIdeNts




arcedel i. libarios            rustico a. peñas                   isidro l. Caracol                 Carlo C. Borromeo           Jonathan M. Jocom              Casiano s. retardo, Jr.        Cynthia C. Doromal           Gilberto M. Maduay
   Agusan Del Norte                 Agusan Del Sur                         Bukidnon                          Camiguin                   Davao City                    Davao Del Norte              Davao Del Sur                Davao Oriental




alphon r. lagamon             alfonso s. Casurra                edwin M. Malazarte                         noel a. Ben        alizedney M. Ditucalan             Basari D. Mapupuno              Daniel C. lao             Vicente C. andiano
   Misamis Oriental                Surigao Del Norte                    Surigao Del Sur                      Cotabato                 Lanao Del Norte                  Lanao Del Sur             Misamis Occidental             North Cotabato




               rosalio C. Cariño                 elvie e. albano                      rutillo B. pasok            Jose rizalino l. ortega            Michael l. ajoc            edgar B. Bongalos          richard B. rambuyong
                      Saranggani                       South Cotabato                     Sultan Kudarat                 Zambasulta                  Zamboanga Del Norte           Zamboanga Del Sur            Zamboanga Sibugay




 38                                                                                       IBP: Celebrating 40 years, 1973-2013
                                                                                                    The bar Tribune


    duterte Pledges all out suPPort
For 14tH NatIoNal CoNveNtIoN oF lawyers
                                           By Aurora G. Geronimo

    Davao City Vice Mayor Rodrigo      chapter delegates; P4,000.00 –
Duterte has pledged the local gov-     early bird rate (registration before
ernment’s all out support for the      December 1, 2012), senior citizens
14th National Convention of Law-       and lifetime members; P3,500.00 –
yers and the IBP’s 40th Anniversa-     Luzon chapter delegates who will
ry Celebration, scheduled January      register before December 1, 2012.
15-19, 2012 at the SMX Conven-         Law students get a 20 per cent dis-
tion Center in Davao City.             count while groups of 10 delegates
    Duterte attended the coordina-     pay only for nine on lumpsum pay-
tion meeting held July 13, 2012 at     ment.
the Marco Polo Hotel in Davao, to-         The convention schedule was
gether with chapter presidents of      also firmed up during the meeting:
Eastern and Western Mindanao,          January 14 & 15, 2013 – registra-
the chapter officers of Davao City     tion and sportsfest; January 15,
and National Officers led by Presi-    2013 – tree planting, inauguration
dent Roan Libarios. The meeting        of IBP Park and welcome dinner;
was called to firm up plans for the    January 16, 2013 – opening cer-
biennial meeting of lawyers.           emonies, Bench and Bar dialogue
                                                                                        Atty. Rodrigo Duterte
    When asked for sponsorships        and grand ball; January 17, 2013                Vice Mayor, Davao City
from the city, Duterte, a lawyer       – MCLE lectures, cultural and
by profession, said “Aw bisan pag      awards night; January 18, 2013 –       the 40th foundation year of the
pamahaw, paniudto ug panihapon”        plenary and closing session; Janu-     IBP; and the design of lectures on
(“Even breakfast, lunch and din-       ary 19, 2013 – MCLE sessions.          a diverse range of topics such as
ner.”)                                     The coordinating body also         the mining industry, Scarborough
    The organizing committee is tar-   agreed on preparatory activities       Shoal, election issues/poll automa-
geting a record attendance of 5,000    for the convention and ruby anni-      tion, office management, charter
IBP members and has finalized the      versary, such as gathering of old      change and stress management.
registration fees: P5,000.00 – on-     pictures by the chapters for pos-          The next meeting of the coordi-
site registration and regular regis-   sible publication in the IBP coffee    nating body will be held in October
tration for Mindanao and Visayas       table book that will memorialize       2012.




                                       IBP: Celebrating 40 years, 1973-2013                                     39
august 2012


               IBP stePs uP PreParatIoNs
                 For Pola CoNFereNCe
                                           By Aurora G. Geronimo




    With less than a month away,       are the guest speakers.                of Hong Kong; Mr. Kenji Yamagi-
the IBP is stepping up preparations        Manila Mayor Alfredo S. Lim        shi, President, Japan Federation of
for the 23rd Presidents of Law As-     and Pasay City Mayor Antonino          Bar Associations.
sociations in Asia (POLA) Confer-      Calixto will welcome the delegates         Session III – “Globalization
ence to be held on August 27-29 at     in separate programs to be held in     and Its Impact on the Legal Pro-
Marriott Hotel, Pasay City.            their respective cities.               fession.” Moderator: Mr. Akira
    Forty-nine foreign delegates           The line-up of panelists for the   Kawamura, President, Interna-
have already registered for the        business sessions have been final-     tional Bar Association. Panelists:
conference, which will be attended     ized:                                  Mr. Youngmoo Shin, President,
by presidents and key officers of          Session I – “Combating Hu-         Korean Bar Association; Mr. David
bar organizations in 25 countries in   man Trafficking, Drugs and Cross-      Liou, President, Taiwan Bar Asso-
Asia and the Pacific, including of-    Border Crimes: Challenges and          ciation; Ms. Catherine Gale, Presi-
ficers of international bar associa-   Responses.”      Moderator:     Ms.    dent, Law Council of Australia; Mr.
tions.                                 Malathi Das, President, LAWASIA.       Kimitoshi Yabuki, Attorney-at-Law,
    The conference program has         Panelists: Hon. Jose Vicente B.        Yabuki Law Offices; Ms. Alison
been completed, with the theme         Salazar, former IBP National Pres-     Hook, Managing Director, Hook In-
”The Legal Profession and the Re-      ident & Undersecretary of Justice;     ternational;
newed Challenges of Globaliza-         Mr. Isomi Susuki, President-elect,         Session IV - “Role of Lawyers
tion.” Vice President Jejomar C. Bi-   LAWASIA; Mr. Christopher Leong,        in Promoting Corporate Social Re-
nay, the country’s highest ranking     Vice President, LAWASIA & Vice         sponsibility.” Moderator: Mr. Jona-
lawyer, will deliver the keynote ad-   President, Bar Council of Malay-       than Temm, President, New Zea-
dress at the opening ceremonies        sia; Ms. Catherine Gale, President,    land Law Society. Panelists: Mr.
on August 28, 2012.                    Law Council of Australia.              Adish Aggarwala, Chairman, All In-
    Meanwhile, Executive Secre-            Session II - “The Globalized       dia Bar Association; Atty. Solomon
tary Paquito N. Ochoa, Jr. will wel-   Employment Market: Examina-            M. Hermosura, Philippines - Legal
come the delegates at the opening      tion of Laws on Migrant Workers.”      Counsel, Ayala Corporation; Mr.
function on August 27, 2012, where     Moderator: Atty. Rosario T. Setias-    Lok Vi Ming, Vice President, Law
Senate President Juan Ponce En-        Reyes, IBP National Director for       Society of Singapore; Mr. Doil Son;
rile and Senator Miriam Defensor       Legal Aid; Panelists: Atty. Patricia   Vice President, Korean Bar Asso-
Santiago, recently elected to a        Rosalind Salvador-Daway, Associ-       ciation.
nine-year tenure as Judge of the       ate Dean, UP College of Law; Mr.
International Criminal Court (ICC),    Dieter Yih, President, Law Society

40                                     IBP: Celebrating 40 years, 1973-2013
                                                                                                                       The bar Tribune

  IN Cold Blood: the case of jimmy
         manlus-ag liguyon
                           By Maria Mimosa M. Ramos

     The killing of 37-year-old indigenous            Witnesses said that they heard Salu-
leader and village Captain Datu Jimmy           sad saying: “Akong gipatay si kapitan tun-
Liguyon on March 5, 2012 shocked Ma-            god kay wala kini mipirma sa SANMAT-
laybalay City, Bukidnon. He was allegedly       RIDA o wala mohatag og certification sa
shot to death by a group of armed men led       SANMATRIDA (“I killed the captain [vil-
by Aldy Salusad a.k.a. “Butsoy”.                lage chief] because he wouldn’t sign the
     News of Liguyon’s murder spread            SANMATRIDA and refused to give certi-
quickly and was featured in broadcast,          fication to SANMATRIDA”). Salusad also
print and the internet. It was another act of   warned the people that whoever com-
all too common impunity.                        plains and fights back, especially the
     Liguyon had strongly been against the      Liguyon siblings, will also be killed.
introduction of the proposed large-scale              The SANMATRIDA, or the San
mining to be operated by the SANMAT-            Fernando Tribal Datus Association,
RIDA organization, in lieu of the existing      is a group of Lumads that had report-
small-scale mining activities by which not      edly acquired from the government a Cer-
only residents of Barangay Dao were ben-        tificate of Ancestral Domain Title (CADT)
efiting but also individuals coming from        over 52,000 hectares of land in several
other places including the so-called “CNN”      villages in San Fernando, Bukidnon, in-
(military abbreviation for CPP-NPA-NDF)         cluding Dao. The SANMATRIDA Multi-
operating in the area.                          purpose Cooperative, chaired by retired
                                                military official Herman Cris P. Estrella,
   The killing of Jimmy M. Liguyon              has been enticing mining investors into           Jimmy M. Liguyon
   (Information provided by the NGO,            their area. The tribal datu of Barangay
             KARAPATAN)                         Dao under the SANMATRIDA is Alde’s
                                                uncle, Datu ‘Manayab” Carillo Salusad.
      On the 5th day of March 2012, at                Jimmy strongly resisted the entry of
about 6:30 in the evening, at Purok 2,          large-scale mining companies in his vil-       gawad (village council members) Melyn
Barangay Dao, Municipality of San Fer-          lage and this made him a target of SAN-        Isidro, Medy Mancilla and Fausto Bacliran
nando, in the province of Bukidnon, Jim-        MATRIDA and its armed force, led by Ben        were allegedly planning to kill him through
my M. Liguyon was shot dead inside his          Salusad a.k.a. Nonong, who is also Alde’s      the armed men of Nonong Salusad.
residence by paramilitary man Alde Salu-        father.                                             It was learned that the three Barangay
sad a.k.a. “Butsoy” using an armalite rifle.          In October 2011, Jimmy reported a        Kagawad were the local buyers of gold
Emelio and Arser Liguyon, brothers of the       series of harassment and attempts on his       in the area through their financier from
victim, narrated that at about 5:30 p.m. in     life, particularly by Nonong Salusad, who      Davao City and Valencia City. It was also
the afternoon, they went to Jimmy’s house       is associated with the Philippine Army’s       reported that the three were encouraging
to borrow money and rice for family con-        8th Infantry Battalion, and from the para-     large-scale mining companies to operate
sumption as well as for supplies for their      military group TRION Force.                    in their locality.
livelihood. Emelio and Arser recounted                On October 13, 2011, Ben Salusad
that they were talking with Jimmy at the        called Jimmy, and threatened that should              The Liguyons Fight Back
terrace of his house when Salusad ar-           he go back to Dao, they would kill him.
rived, accompanied by fifteen (15) armed        On October 16, Angge Del-anay, anoth-               For their part, the Liguyons have con-
men in military fatigues. Salusad walked        er leader of TRION Force, went with his        tinued their public awareness campaign.
in without giving courtesy.                     group to Jimmy’s house, but the Liguyon        They have also asked the IBP for assis-
      When Salusad was about one meter          family moved out of Dao after Salusad’s        tance in the investigation of the killing of
away from Jimmy, he asked the victim            threats.                                       Liguyon and other harassment allegedly
about the presence of the military in the             On October 28, 2011, Jimmy and his       perpetrated by the NIPAR and other para-
area. Jimmy replied that he did not notice      wife were coming home from a human             military groups in the community.
soldiers roving the area. Salusad then          rights day rally in Cagayan de Oro City
ordered Jimmy to transfer to the oppo-          when they were stopped by armed men               Referred to IBP on April 25, 2012
site bench. Jimmy obeyed and stood up.          led by Dal-anay who led them to a vacant
Salusad then pretended to offer his hand        house. Dal-anay told Jimmy to stop join-            The National President of the Inte-
to shake Jimmy’s, when, without a word,         ing rallies and that he should allow mining    grated Bar of the Philippines, Atty. Roan
Salusad shot him with his baby armalite         in Barangay Dao. Jimmy said he did not         I. Libarios held a meeting and conducted
rifle, hitting Jimmy in the chest, instantly    want it.                                       interviews with the Liguyons at the Na-
killing him.                                          Jimmy also reported that SANMAT-         tional Office of IBP last April 25. The case
      Terrified, Emelio and Aser ran in         RIDA convinced him and everyone else           was referred to Atty. Rosario T. Setias-
separate directions, leaving their brother      to join their organization. He also reported   Reyes, National Director of IBP-National
behind.                                         receiving information that Barangay Ka-        Center for Legal Aid, and Atty. Dante P.

                                                IBP: Celebrating 40 years, 1973-2013                                                   41
august 2012
IN COLD BLOOD...

Mercado, Senior Deputy Director of IBP-
National Center for Legal Aid (IBP-NCLA)       IBP NCla wINs aCQuIttal
as assisting counsels.
                                                                             By Dondon D. Samoy
     The IBP-NCLA coordinated with the
Chief of Police of the Municipality of San
                                                    THE IBP NATIONAL CENTER FOR              ior Deputy Director Atty. Rosalie J. De la
Fernando, Bukidnon thru a letter dated
April 27, 2012, requesting a copy of the       LEGAL AID recently obtained the acquit-       Cruz and this writer, carefully reviewed
result of the police investigation, with       tal of an accused who was wrongfully          the records of the proceedings in Duma-
statements of witnesses and that of the        charged with the crime of large-scale ille-   los’ case and filed an Appellant’s Brief on
suspects. Also, on the same date, the          gal recruitment by a syndicate.               December 21, 2010. The IBP-NCLA team
IBP-NCLA communicated with the Deputy               The information against Elizabeth        was able to establish that Dumalos was
Provincial Prosecutor of Malaybalay City,      Dumalos and two others was originally         in fact an ordinary applicant for overseas
Bukidnon to inquire as to the status of the    filed before Branch 6 of the Regional Trial   work and was not part of an alleged illegal
case and to forward the documents or           Court of Baguio City. At the time she was     recruitment syndicate.
pleadings relative to the case. The IBP-       charged, Dumalos was a typical applicant           The Court of Appeals issued its judg-
NCLA has received the copies of the po-        for overseas employment.                      ment 14 months later on February 28,
lice investigation and documents.
                                                    In its decision dated October 24,        2012, acquitting Dumalos on grounds of
     The IBP-NCLA has also inquired from
                                               2007, the Baguio RTC found Dumalos and        reasonable doubt and modifying the deci-
Ma. Shirlene Sario, Provincial Officer of
the National Commission on Indigenous          her co-accused guilty beyond reasonable       sion of the Regional Trial Court.
Peoples, about the satus of the applica-       doubt of the crime of Illegal Recruitment          The IBP-NCLA team visited Dumalos
tion for Certificate of Ancestral Domain       Committed in Large Scale by a Syndicate.      on March 2, 2012 at the Correctional for
filed by SANMATRIDA.                           The crime is penalized under Sections 6       Women in Mandaluyong City to inform
     The IBP-NCLA, in a letter to President    and 7 of R.A. 8042 (Migrant Workers and       her of the acquittal. An overjoyed Duma-
Benigno “Noynoy” Aquino III, condemned         Overseas Filipinos Act of 1995). Duma-        los cried as she hugged and thanked Atty.
in the strongest terms the senseless killing   los and her co-accused were sentenced         Rosario T. Setias- Reyes and Atty. Rosa-
of innocent civilians by military and non-     to life imprisonment, fined P500,000.00       lie J. De la Cruz for the legal assistance
military personnel. The IBP-NCLA asked         each and made to shoulder the costs of        provided her. Dumalos has come to call
the President to immediately disband           suit.                                         them her “angels” from the NCLA.
and disarm the New Indigenous People’s
                                                    Dumalos subsequently filed a Notice           On March 08, 2012, Dumalos finally
Army Reformer (NIPAR) and ordered the
                                               of Appeal, elevating the case to the Court    secured her release order from the Na-
immediate investigation of the killing of
Jimmy M. Liguyon and the immediate ar-         of Appeals, which appointed the IBP-          tional Penitentiary and returned to her
rest of Alde Salusad and his fourteen (14)     NCLA as her counsel de oficio.                family in Benguet, seven years after los-
cohorts.                                            In compliance with the CA resolution     ing her freedom.
     The IBP-NCLA called the KARAPA-           the IBP-NCLA, through Executive Direc-
TAN (Alliance for the Advancement of           tor Atty. Rosario T. Setias-Reyes, Sen-
People’s Rights) Chairperson Marie Hi-
lao-Enriquez to forward the documents on
the extrajudicial killing of Jimmy Liguyon.
The KARAPATAN transmitted to IBP-
NCLA the profile of the case and prom-
ised to send the other pending documents
from Malaybalay City, Bukidnon.
     The IBP-NCLA has also asked the
help of Lieutenant General Jessie D. Del-
losa, Chief of Staff of the Armed Forces
of the Philippines, to immediately disband
and disarm the NIPAR; arrest Alde Salu-
sad and fourteen (14) John Does involved
in the said killing and conduct a thorough
investigation on the killing.

            The Road Ahead

    As things stand, doubts have been
raised if the case will prosper. While a
warrant of arrest has been issued, sus-
pect Alde Salusad and his 14 cohorts
have not been arrested and continue to
remain at large, five months after they
snuffed out the life of one of their own —
Jimmy Manlus-ag Liguyon.
                                                                                                    Elizabeth Dumalos: free again.

42                                             IBP: Celebrating 40 years, 1973-2013
     Atty. Frederico M. Gapuz
                                                                                                                  The bar Tribune




                                                       (1934 - 2012)
                          IBP Pays trIBute to PIllar
                        IN PuBlIC INterest lawyerINg
                                                 By Maria Mimosa M. Ramos

                                     de Oro City, to pay tribute to their                 memories of his late boss and men-
                                     beloved brother in the profession.                   tor while retired Court of Appeals
                                     Officers of the Chapter, headed                      Justice Alfredo Lagamon, Sr. nar-
                                     by its President, Atty. Alphon R.                    rated his encounters with Gapuz,
                                     Lagamon, led the service. Other                      praising him for his long and admi-
                                     officers --- Attorneys Rex Raagas,                   rable career as a staunch defender
                                     Mylene M. Durano, Carlomagno                         of human rights. Attorneys James
                                     Calingin --- read from Scripture,                    Judith and Francisco del Castillo
                                     while Chapter member Atty. Ben-                      also offered eulogies for their dear
                                     ber Apepe was service leader.                        friend before one of Gapuz’s sons,
                                         The mood was solemn as                           Frederico Jr., thanked the Chapter
                                     heartfelt eulogies delivered by                      on behalf of the family.
                                     members of the Gapuz family and                          IBP-National Director for Le-
                                     close friends, including colleagues                  gal Aid, Atty. Rosario T. Setias-
                                     from the Integrated Bar of the Phil-                 Reyes also paid tribute to Atty.
                                     ippines, resonated at the IFI Pro-                   Gapuz and presented a posthu-
                                     Cathedral. Many of Atty. Gapuz’s                     mous Presidential Plaque of Merit
    The IBP is deeply saddened colleagues braved the rains to                             and the IBP Death Benefit Check
by the passing of Atty. Frederico pay their last respects, including                      in the amount of Twenty Thousand
M. Gapuz on May 12, 2012, at his Court of Appeals Executive Justice                       Pesos (P20,000.00) to his widow
home in Alubijid, Misamis Oriental, Romulo V. Borja, Court of Appeals                     Mrs. Liberty Janubas Gapuz and
after a long illness. He was 77.     Associate Justice Edgardo T. Llor-                   their children, namely: Emmanuel,
    Atty. Gapuz is remembered for en, RTC Executive Judge Evelyn                          Michael, Andrew, Maria Catherine
his inspiring and exemplary com- Gamotin-Nery, MTC Executive                              and Fernando Frederico.
mitment as a peoples’ lawyer, a Judge Eleuteria Badoles-Algodon,                              Atty. Setias-Reyes acknowl-
nationalist, true patriot and a mod- Xavier University College of Law                     edged the many achievements of
ern Filipino hero.                   Dean Raul R. Villanueva and other                    Atty. Gapuz as a true “Manlalaban
    On May 17, 2012, the Integrat- members of the judiciary. Those                        ug Bayani sa Katawhan.” (Warrior
ed Bar of the Philippines Misamis who attended the necrological ser-                      and Hero for Humanity)
Oriental Chapter gathered at the vice can attest to how loved and                             Atty. Gapuz was laid to rest on
Iglesia Filipina Independiente-Agli- admired their fallen brother was.                    May 18, 2012 at the Alubijid Cem-
payan Church, in Bulua, Cagayan          Atty. Armando Kho shared fond                    etery.

    "Poverty is a question of wealth, they say.
     But poverty is a question of law, as well.
    Law legitimizes this unequal, exploitative,
  inhumane social order. And it is our challenge
 as public interest lawyers to save what remains
 of the law for the benefit of our people's human
    rights, as we envision a social order where
    equality is lived and does not merely exist
             as a concept in legalese."

--- Atty. Federico M. Gapuz, welcome address at the 5th Conference   Atty. Setias-Reyes presents a posthumous Presidential Plaque of
          of Lawyers in Asia-Pacific (COLAP), November 2010             Merit and the IBP Death Benefit Check to the Gapuz family,
                                                                                led by his wife, Mrs. Liberty Janubas Gapuz.

                                              IBP: Celebrating 40 years, 1973-2013                                                43
august 2012


            IBP to HelP PoPularIze
        alterNatIve dIsPute resolutIoN
    The Integrated Bar of the Phil-
ippines has joined forces with the
Office for Alternative Dispute Res-
olution (OADR) to increase public
awareness of alternative dispute
resolution (ADR) as a substitute
way of resolving disputes.
    ADR refers to any process or
procedure used to resolve a dis-
pute or controversy other than by
adjudication of a presiding judge of
a court or an officer of a govern-
ment agency. A neutral third party
assists in the resolution of issues
under ADR.                                       Justice Undersecretary Jose Vicente Salazar (second from right) discusses a point with OADR
                                                  members (left to right) Atty. Ismael Khan, Mr. Francis Chua, and UST Law Dean Nilo Divina.
    The OADR was created under
R.A. 9285, the Alternative Dis-                 2010 through Department of Jus-                 and Industry, IBP President Roan
pute Resolution Act of 2004, which              tice Order No. 210 issued by then               Libarios and Dean Nilo Divina of
was enacted on April 2, 2004. The               Secretary of Justice Alberto Agra.              the University of Santo Tomas
OADR is an attached agency of                        The Advisory Council has been              (UST) Faculty of Civil Law. The
the Department of Justice and is                formally constituted with the fol-              Council is advisor to the OADR Ex-
tasked to promote, develop and ex-              lowing pioneer members: former                  ecutive Director on policy, opera-
pand the use of ADR in the private              SC Associate Justice Consuelo                   tion and other relevant matters.
and public sector. ADR is a means               Ynares-Santiago; Atty. Ismael                       IBP President Libarios has
to achieve speedy and impartial                 Khan, former SC Assistant Court                 promised to actively promote ADR
justice and declog court dockets.               Administrator and Chief of the Pub-             and suggested including the OADR
    To hasten ADR development                   lic Information Office; Mr. Francis             during National Law Week activi-
and public acceptance, an Advi-                 Chua, Chairman Emeritus of the                  ties this September. (Ma. Christina
sory Council was created in March               Philippine Chamber of Commerce                  V. Abalos)




     OADR Advisory Council members (left to right): Atty. Khan, Atty. Libarios and Associate Justice Ynares-Santiago with OADR Directors.


44                                              IBP: Celebrating 40 years, 1973-2013
                                                                                                                            The bar Tribune


                         ProPosals For
                     Peer assIstaNCe PusHed
                                                                                                     ting for a group personal accident
                                                                                                     insurance for IBP members. A sam-
                                                                                                     ple plan would have 1,000 minimum
                                                                                                     enrolees paying one hundred pesos
                                                                                                     (P100.00) annual premium each.
                                                                                                         Under this program, lawyers will
                                                                                                     be entitled to P100,000.00 accidental
                                                                                                     death benefit insurance, P50,000.00
                                                                                                     for unprovoked murder and assault,
                                                                                                     burial benefit for accident victims at
                                                                                                     P10,000.00 and Daily Hospital Income
                                                                                                     Benefit (maximum 30 days/year) at
                                                                                                     P150.00 per day.
                                                                                                         Atty. Risos-Vidal has also consult-
                                                                                                     ed the Social Security System (SSS)
                                                                                                     on how IBP can help self-employed
                                                                                                     law practitioners become SSS mem-
                                                                                                     bers. The SSS, through Mr. Raul Ma-
                                                                                                     tan (Program Specialist, Professional
                                                                                                     Sector Department) proposed that it
    Peer Assistance Program Director                 ing the propriety and / or permissibility       conduct brief presentations on SSS
Alicia A. Risos-Vidal is presenting to               of lawyers publicizing their services           membership and benefits to interest-
the IBP Board of Governors a number                  through various media such as print,            ed IBP Chapters.
of proposals affecting legal practice                banners, TV, radio, broadcast and the               Interested chapters are asked to
and members’ welfare.                                internet. One promotional project in-           get in touch with the PAP Director at
    Atty. Risos-Vidal is proposing the               volves the emailing of discount cards.          the IBP National Office to arrange the
issuance of uniform guidelines regard-                   The PAP Director is likewise bat-           briefings.

IBP, NuPl dIsCuss ProteCtIoN For lawyers




                                                                                                      Peer Assistance Program Director Ali-
                                                                                                      cia A. Risos-Vidal recently discussed
                                                                                                      with Public Attorneys Office (PAO)
                                                                                                      Chief Persida R. Acosta (left) the con-
            Atty. Alicia A. Risos-Vidal, National Director for Peer Assistance Program with           cerns of the 1,500 PAO lawyers work-
                         Atty. Edre U. Olalia (right), Secretary General of NUPL                      ing in over 300 districts and 17 regional
     Peer Assistance Program Director                rights cases or issues.                          offices all over the country.
Alicia A. Risos-Vidal recently met with Na-               The available data point to unidenti-
tional Union of Peoples' Lawyers (NUPL)              fied parties or military/intelligence person-
Secretary General Atty. Edre U. Olalia to            nel as alleged perpetrators. Atty. Olalia
discuss the surge of physical attacks and            himself has been the subject of a number
threats on lawyers, judges and even law              of harassment and threats in the course of
students.                                            his work as a human rights lawyer.
     Based on a 28-page list of cases                     Attorneys Risos-Vidal and Olalia have
prepared by the NUPL and Counsels for                began sharing information and identified
the Defense of Liberties (CODAL), the                cases which need immediate attention.
total number of judges or lawyers killed             They are also considering a possible tie
or physically attacked since 2001 have               up with the Lawyers to Lawyers Program
reached 95, 51 of them involving human               of the Netherlands.

                                                     IBP: Celebrating 40 years, 1973-2013                                                   45
august 2012

  CHAPTER NEWS

   IBP CalmaNa & rotary CluB oF
CalooCaN wow tHe CHIldreN at rsCC
    The Integrated Bar of the Philip-    Mackay, President; Atty. Emerson
pines Caloocan-Malabon-Navotas           T. Barrientos, Treasurer; Atty. Jon-
(CalMaNa) Chapter, in partnership        athan Mario D. Ibe, Auditor; Atty.
with the Rotary Club of Caloocan,        Marvin J. Urmenita, PRO; Atty.
held a Storytelling, Feeding and         Nancy Aurora D. Quimpo, Director;
Gift-Giving project last July 21 at      Atty. Albert P.Revilles, Director;
the Reception and Study Center           and Atty. Eric C. Alajar, PAO Ma-
for Children in Bago Bantay, Qu-         labon Chief.
ezon City.                                   The Rotary Club of Caloocan
    The RSCC is a home for the           contingent was led by Eric Ma-
abandoned, abused, neglected,            ranan, President; Atty. Emiliano
and exploited children aged seven        A. Mackay, Past President; and
years old and below.                     members Ricky Angeles, Rey Vis-
    IBP CalMaNa Chapter partici-         tro, Ronald Abrenica and Salvador
                                                                                       The IBP Central Luzon Region
pants included Atty. Emiliano A.         Quimpo.
                                                                                   organized its first ever fun run –
                                                                                   “LakaRun Para Sa Katarungan” --
                                                                                   on the third day of its Regional Con-
                                                                                   vention held last June at the Clark
                                                                                   Freeport Zone.
                                                                                       The event was well attended and
                                                                                   will henceforth become a regular
                                                                                   feature of every Central Luzon Re-
                                                                                   gional Convention. Central Luzon
                                                                                   Chapters are the beneficiaries of the
                                                                                   fun run.


                                                                                   from the standpoint of law enforce-
                                                                                   ment agencies and the judiciary.
                                                                                        Also discussed were the Depart-
                                                                                   ment of Justice-led Inter-Agency
                                                                                   Council Against Trafficking (IACAT)
                                                                                   Philippines protocol on handling child
                                                                                   trafficking, the role of the Department
                                                                                   of Labor and Employment in TIP cas-
                                                                                   es in relation to child labor and illegal
                                                                                   recruitment and the rights-based ap-
                                                                                   proach in handling TIP cases.
                                                                                        According to ATLAS Executive
                                                                                   Director Jocelle Batapa-Sigue, the
                                                                                   training aims to provide a strong and
    The IBP Negros Occidental Legal      ti-Trafficking in Persons Act of 2003.    skilled pool of lawyers in the private
Aid Committee recently partnered with    The training was held July 5 and 6,       and public sector to ensure the suc-
the Anti-Trafficking Legal Advocates     2012 at The Ripples, L’Fisher Hotel,      cessful conviction of TIP cases in Ne-
Society (ATLAS) of Bacolod City in or-   Bacolod City.                             gros Occidental. ATLAS was awarded
ganizing the 2nd Quarter Legal Train-         The seminar was organized to         a grant by the Australian Embassy to
ing For Investigation And Prosecution    equip participants in handling TIP cas-   fund the trainings. (With a report from
of Trafficking In Persons (TIP) Cases    es, covering issues related to rescue     iloiloNEWSTODAY.com)
under Republic Act No. 9208, the An-     and investigation of trafficked victims

46                                       IBP: Celebrating 40 years, 1973-2013
                                                                                                             The bar Tribune

18 June 2012

    The Bureau of Jail Management and Penology ex-
presses its warmest gratitude to the Integrated Bar of         July 20, 2012
the Philippines for the support and assistance during the
conduct of the National Legal Consultation’s Day in jail            I wish to thank you for organising the first ever public
units nationwide, as part of BJMP’s celebration of the         forum on the Search for the Next Chief Justice. I can con-
Community Relations Service Month this June. We owe            fidently say it was a success!
you the great success of our community relations efforts.           We look forward to more media forum organised by
    This undertaking did not only bring us closer to the       IBP in the future, especially on matters of national inter-
community but also proved that IBP is as committed to          est involving the judiciary. It's comforting to know IBP is
the corporate social responsibility of promoting commu-        taking an active role in disseminating information on the
nity development.
                                                               state and the future of the Judiciary!
    With these, the Jail Bureau shall always be enthusi-
                                                                    I'm delighted to share we have created a Poll Question:
astic to take part in any of IBP’s projects should you wish
                                                               “Who will be the next Chief Justice?” in Pinoyexchange.
our participation. Our CRS shall eagerly accommodate
                                                               com. Currently, members can discuss their thoughts on
you through its officer in charge, Jail Inspector Xavier A.
                                                               the ongoing JBC Live interview and on the manner the
Solda at 927-6383 local 117.
    Again, thank you and we look forward to more years         CJ candidates answer the questions. Pinoyexchange mem-
of partnership.                                                bers will start casting their vote as soon as we have the
                                                               official shortlist from the JBC. Please see http://www.
               Very respectfully yours,                        pinoyexchange.com/forums/showthread.php?t=581262
                                                                    We have created a new thread – “Decisions - IN THE
               (Sgd.) DIONY D. MAMARIL, CES (E)                EYE OF THE SUPREME COURT OF THE PHILIP-
               Jail Chief Superintendent                       PINES” Please see: http://www.pinoyexchange.com/fo-
               Officer-in-Charge                               rums/showthread.php?t=580533
               Bureau of Jail Management                            This thread aims to address and encourage discus-
               and Penology                                    sions on decisions and any issues related to the Supreme
                                                               Court of the Philippines. Another thread “Who is NOT
                                                               nominated to be Chief Justice?” [See: http://www.
                                                               pinoyexchange.com/forums/showthread.php?t=575770]
July 2, 2012                                                   aims to encourage discussion on the CJ nominees and pos-
                                                               sibly the selection process of the JBC. After the Impeach-
    The Philippine Overseas Employment Administration          ment trial of Former CJ Corona, there has never been a
would like to commend the Integrated Bar of the Philip-        time where the public passionately discuss the role of the
pines’ initiative to render legal aid to Overseas Filipino     Judiciary in our society.
Workers through the IBP’s OFW Legal Assistance Unit.                I'd like to take this opportunity to clarify that although
    As the lead agency in the regulation of private sector
participation in recruitment and placement of workers          I am not a Moderator or Administrator of Pinoyexchange.
for overseas employment, we appreciate every effort ex-        com. I took it upon myself, as a member, to disseminate
ercised by other entities to extend help to OFWs seeking       information and/or speak my mind on issues concerning
redress from illegal recruiters and recruitment violators      the Judiciary.
who exploit the public’s demand for honest labor.                   I look forward to attend the next IBP Forum! Again,
    In this connection, we would like to set a meeting         thank you for organising such a successful public-media
with you to discuss the possibilities of forging an official   forum.
partnership to come up with complementing programs for
the benefit of our Filipino Workers.                                           (Sgd.) Leugenn Alipio
                                                                               Concerned Citizen
               Thank you very much.

               (Sgd.) HANS LEO J. CACDAC
               Administrator
               Philippine Overseas Employment
               Administration




                                          IBP: Celebrating 40 years, 1973-2013                                              47
22
                  INTEGRATED BAR OF THE PHILIPPINES                                                                                                                                                                             CHAPTER DIRECTORY
     Chapter        President                                Address                                                           Tel./Mobile        Chapter      President                                        Address                                                                    Tel./Mobile
     NORTHERN LUZON                                                                                                                               EASTERN VISAYAS
     Abra           CONDE CLARO C. VENuS                     IBP Office, 2/F, Hall of Justice, Bangued, Abra                   (074) 752-8322     Biliran      MELJOHN B. DE LA PENA                            IBP Office, 2/F, Solite Building cor.                                      (053) 500-9389
     Baguio-Benguet FRANKLIN B. CALPITO                      IBP Office, Hall of Justice, Baguio City                          (074) 442-8937                                                                   Vicentillos & Ballesteros Sts., Naval, Biliran
     Cagayan        ORLANDO D. BELTRAN                       IBP Office, Hall of Justice, Carig, Tuguegarao City               (078) 844-1221     Bohol                       CRISTIFIL D. BALuMA               RTC-IBP Law Library, Capitol Bldg.Tagbilaran City, Bohol                   (038) 235-5919
     Ifugao         ROMEO u. HABBILING                       IBP Office, Hall of Justice, Lagawe, Ifugao                                          Cebu                        FERDINAND A. PEPITO               IBP Building, Capitol Compound, Cebu City                                  (032) 254-7787
                                                                                                                                                                                                                                                                                                             February 2012




     Ilocos Norte   MARIANO R. NALuPTA JR.                   IBP Office, 2/F, Marcos Hall of Justice                           (077) 772-0845 /   Cebu City                   EARL M. BONACHITA                 IBP Building, Capitol Compound, Cebu City                                  (032) 253-6713
                                                             Laoag City, Ilocos Norte                                          792-3045           Eastern Samar               JOSE VICENTE R.M. OPINION         IBP Building, Borongan, Eastern Samar
     Ilocos Sur           JOSE ROSARIO JIMENEz               IBP Office, Provincial Capitol, Vigan City, Ilocos Sur            (077) 722-3364     Leyte                       ROY PERCIVAL M. PEREz             IBP Building Leyte Sports Development Center Comp.                         (053) 321-3615
     Isabela              NERIzA M. DASIG-CACATIAN           IBP Bldg. Alibagu, Ilagan, Isabela                                (078) 622-2323 /                                                                 Sta. Cruz., Tacloban City
                                                                                                                               0939 557-8257      Northern Samar    ROLANDO P. DuBONGCO                         Allen, Northern Samar
     Kalinga-Apayao       FRANCIS B. CALSIYAO                IBP Office, Magsaysay St., Tabuk, Kalinga-Apayao                                     Samar             CESAR T. MABANSAG                           IBP Building, Court House Compound, Catbalogan, Samar
     La union             ABRAHAM F. DATLAG                  IBP Office, 2/F G.E.Antonio Bldg.,                                (072) 888-5579 /   Southern Leyte    MANuEL L. ENAGE, JR.                        IBP Office, Bulwagan ng Katarungan, Maasin City, southern Leyte            (053) 381-2191
                                                             San Fernando City, La union                                       0905 411-0640      WESTERN VISAYAS
     Mountain Province    WILSON K. KALANGEG                 IBP Office, Bontoc, Mountain Province                             (078) 805-1068     Aklan             FLORA B. ALMERO                             IBP Office, Hall of Justice, Godofredo Ramos Street, Kalibo, Aklan         (036) 621-1499
     Nueva Vizcaya        EMMANuEL C. RASING                 IBP Office, Justice Hall Bldg.                                    (078) 805-1068 /   Antinque          CORNELIO P. ALDON                           San Jose, Antique
                                                             Bayombong, Nueva Vizcaya                                          0908 862-5152      Capiz             LORENCITO B. DIAz                           IBP Office, 2/F, Hall of Justice, Roxas City                               (036) 621-1499
     Quirino     EDWIN O. BETGuEN                            IBP Office, Hall of Justice, Cabarroguis, Quirino Province        0917 580-7360      Guimaras          ROMMEL C. BELLONES                          M. Chavez Hall, Hall of Justice, San Miguel, Jordan, Guimaras              (033) 329-6440
     CENTRAL LUZON                                                                                                                                Iloilo            PAuLINO L. SALMON, JR.                      4/F, Hall of Justice, Iloilo City                                          (033) 337-5224
     Bataan      JuLIET S. SALARIA               IBP Bldg., Capitol Compound, City of Balanga, Bataan                          (047) 921-1085     Negros Occidental FILOMENO B. TAN, JR.                        IBP Building, Nursery Compound, Gatuslao Ctreet, Bacolod City              (034) 433-1611
     Bulacan     CECILIO ALEJANDRO C. VILLANuEVA IBP Office, Provincial Capitol, Malolos, Bulacan                              (044) 662-4768     Negros Oriental   ARTuRO M. DuPIO                             IBP Office, Hall of Justice, Capitol Area                                  (035) 225-2624/
     Nueva Ecija LYDIA BAuTO-HIPOLITO            IBP Bldg., Ramos St., Cabanatuan City, Nueva Ecija                            (044) 600-2553 /                                                                 Dumaguete City, Negros Oriental                                            225-4579
                                                                                                                               311-2106           Palawan                     NESARIO G. AWAT                   G/F, Capitol Building, Capitol Compound, Fernandez St.
     Pampanga             CASIANO C. SABILE            IBP Bldg., Capitol Compound                                             (045) 963-5007                                                                   Puerto Princesa City, Palawan                                              (048) 434-8411
                                                       San Fernando City, Pampanga                                                                Romblon          MARK ANTHONY N. GANAN                        Batiano, Odiongan, Romblon
     Pangasinan         FARAH MARIE G. DECANO          IBP Bldg., Judge Jose R. De Venecia Sr. Memorial Hall,                   (075) 614-3119    Siquijor         ALFONSO L. SALCEDO                           Camangki, Enrique Villanueva, Siquijor
                                                       Bonuan, Tondaligan, Dagupan City, Pangasinan                                               EASTERN MINDANO
     Tarlac             ARNALDO P. DIzON               IBP Bldg., Tarlac City                                                   (045) 982-7813    Agusan del Norte ARCEDEL I. LIBARIOS                          IBP Office, Capitol Building, Capitol Site, Butuan City                    (085) 342-5224/
     zambales           CHRISTOPHER LAWRENCE B. MONATO IBP Bldg., Ohio St., upper Kalaklan, Olongapo City                       (047) 811-1534                                                                                                                                             342-8980
     SOUTHERN LUZON                                                                                                                               Agusan del Sur              RuSTICO A. PEñAS                  IBP Office, Beside RTC, Government Center, Patin-ay                        (085) 343-8847
     Aurora             SHARON T. YLANAN               IBP Office, Brgy. Suklayin, Baler, Aurora                                                                                                                Prosperidad, Agusan Del Sur
     Batangas           LOIDA C. CONTI                 IBP Office, Bulwagan ng Katarungan, Pollocan West, Batangas City                           Bukidnon                    ISIDRO L. CARACOL                 Free Legal Aid Office, Malaybalay, Bukidnon                                (088) 221-3225
     Calmana            EMILIANO A. MACKAY             IBP Office, 3/F, Aurelio Bldg., 9th Avenue, Caloocan City                                  Camiguin                    CARLO C. BORROMEO                 Poblacion, Mambajao, Camiguin
     Cavite             RENANTE C. BIHASA              IBP Chapter Bldg., E. Aguinaldo Highway, Imus, Cavite                                      Davao City                  JONATHAN M. JOCOM                 2/F, Hall of Justice, Candelaria Street, Ecoland, Davao City               (082) 296-0070
     Laguna             VIRGILIO B. GALEON             IBP Office, Don Tomas Dizon Hall, Hall of Justice, San Pablo City                          Davao del Norte             CASIANO S. RETARDO, JR.           Solaon Building, Quezon Street, Tagum Ciyt, Davao Del Norte                (084) 400-5468
     Makati             GRACE P. QuEVEDO-PANAGSAGAN IBP Office, uG 39, Cityland Dela Rosa Condominium, Dela Rosa St., Makati City                 Davao del Sur               CYNTHIA CARADO DOROMAL            IBP Building, Hall of Justice Compound, Digos City
     Marinduque         MA. AuRORA P. SORI-ROMANO      IBP Office, unit 5, 3K Bldg., Barangay 2, Poblacion Gasan, Marinduque                      Davao Oriental              GILBERTO M. MADuAY                Mati, Davao Oriental
     Occidental Mindoro ALFREDO A. CASTILLO            IBP Office, San Jose, Occidental Mindoro                                                   Misamis Oriental            ALPHON R. LAGAMON                 IBP Bldg., Provincial Capitol Compound                                     (088) 856-4209
     Oriental Mindoro   CHARLOTTE F. AGuBA-GOCO        IBP Office, Capitol Square, Calapan City                                                                                                                 Cagayan De Oro City, Misamis Oriental
     PPLM               PATERNO S. LARRACAS            IBP Office, Rm. 217, Pasay City Hall, F.B. Harrison St., Pasay City                        Surigao del Norte           ALFONSO S. CASuRRA                IBP Office, Parola P. Reyes Street, Surigao City, 8400 Surigao Del Norte   (086) 826-6015
     Quezon             RONALDO A. SALAMILLAS          IBP Building, near RTC, Lucena City                                                        Surigao del Sur             EDWIN M. MALAzARTE                RTC IBP Law Library, Palace of Justice Building,                           (086) 211-3414
     Rizal              JuLIAN R. TORCuATOR JR.        Rizal Provincial Jail Compound, Cabera Road, Sitio Kaytikling, Brgy. Dolores, Taytay                                                                     Capitol Hills, Tandag, Surigao Del Sur
     GREATER MANILA                                                                                                                               WESTERN MINDANAO
     Manila I           FRANCISCO A. SANCHEz III       IBP Office, 1929 Tomas Mapua Street                                                        zambasulta          JOSE RIzALINO L. ORTEGA                   2/F, Room 201, Hall of Justice, zamboanga City                             (062) 993-2899
     Manila II          ROSARIO T. SETIAS-REYES        unit 427, Madrigal Building, No. 286, Escolta, Manila                    0919-8184068      Cotabato            NOEL A. BEN                               Hall of Justice, Regional Complex, Cotabato City, Cotabato                 (064) 421-3841
     Manila III         GISELA F. LOOD                 IBP Office, Rm. 504, Doña Amparo Bldg.                                   735-7275          Lanao del Norte     ALIzEDNEY M. DITuCALAN                    IBP Bldg., Badelles Street, Iligan City, Lanao Del Norte                   (063) 352-0328
                                                       Cataluña Street, Sampaloc, Manila                                                          Lanao del Sur       BASARI D. MAPuPuNO                        IBP Building, Bongon, Marawi City, Lanao Del Sur                           (063) 352-0328
     Manila IV          YOLANDO F. LIM                 IBP OffiCe, L2 F1 uG Floor, Bugundy Transpacific Place                   0915-1804059      Misamis Occidental DANIEL C. LAO                              Hall of Justice, Ozamis City, Misamis Occidental                           (088) 521-3306
                                                       2444 Taf Ave., Malate, Manila                                                              North Cotabato      VICENTE C. ANDIANO                        Public Attorneys Office, Kidapawan City, North Cotabato                    (064) 288-5429
     Quezon City        VICTORIA V. LOANzON            IBP Office, Rm. 235, 2Flr, Justice Hall,                                 925-7183          South Cotabato      ELVIE E. ALBANO                           IBP Room, Hall of Justice, lagao General Santos City, South Cotabato       (083) 552-3221
                                                       City Hall Compound, Quezon City                                                            Sultan Kudarat      RuTILLO B. PASOK                          Magsaysay Avenue, Poblacion, Tacurong City, Sultan Kudarat                 (064) 201-3550
     BICOLANDIA                                                                                                                                   Samboanga del Norte MICHAEL L. AJOC                           2/F, Hall of Justice, Dipolog City, zamboanga Del Norte                    (065) 212-2638
     Albay              VIENTE P. DEL ROSARIO          IBP Office, RTC Hall, Rawis, Legaspi City                                (052) 4820281/    zamboanga del Sur EDGAR B. BONGALOS                           2/F, Hall of Justice, Pagadian City, zamboanga Del Sur                     (062) 214-3953
                                                                                                                                4814640           zamboanga Sibugay RICHARD B. RAMBuYONG                        Ipil, zamboanga Sibugay                                                    (062) 333-5704
     Camarines Norte    ELAINE GAY R. BELEN            IBP Office, Daet, Camarines Norte                                        (054) 440-0902    Sarangani           ROSALIO C. CARIñO                         Rm. 206 Arenas Building, Pioneers Ave., General Santos
     Camarines Sur      ANTONIO C. RIVERO              IBP Building, J. Miranda Avenue, Naga City                               (054) 473-2042
     Catanduanes        GREGORIO M. SARMIENTO, JR.     IBP Office, Hall of Justice, Capitol Compound, Virac, Catanduanes        (052) 811-2245
     Masbate            ROSALITO B. APOYA              IBP Office, Hall of Justice, Masbate, Masbate                                               Compiled by Aurora Geronimo, Ron-ron Chu and Roel Lepasana
     Sorsogon           WILLIAM E. ERLANO              IBP Office, Bulwagan ng Katarungan, Sorsogon City, Sorsogon              (056) 211-3272     Encoded by Precious Caseñas

				
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