he expected long vigil turned out to be a short wait. There was still daylight when the 2010 Bar exams results were announced
on March 17, to the pleasant surprise of the 2010 Bar examinees and their supporters who had trooped to the Supreme
Justice Conchita Carpio Morales, Chair of the 2010
Committee on Bar Examinations, in a press briefing
held around five in the afternoon announced that a
total of 982 out of 4,847 examinees passed the 2010
Bar Examinations held on September 5, 12, 19, and
26 last year at the De La Salle University in Taft
Avenue, Manila. Cesareo Antonio S. Singzon, Jr. of
Ateneo de Manila University Law School topped
with a rating of 89%.
Joining Singzon, Jr. in the top 10 are Filemon Ray
L. Javier, Ateneo de Manila University (86.95%); Paolo
Carlo C. Tolentino, Arellano University (86.80%);
Janette R. Ancog, Ateneo de Davao University
(85.90%); Johana T. Sunga, Ateneo de Manila
University (85.85%); Krizelle Marie F. Poblacion,
University of the Philippines (85.65%); Maria
Christina C. Ortua and Krystal Lyn T. Uy, both from
the University of the Philippines (85.05%); Joanna
Eileen M. Capones, University of the Philippines
(84.80%); William Benson S. Gan, Ateneo de Manila
University (84.75%); and Glenn C. Carampatana,
University of San Carlos, and Darren L. Salipsip,
Arellano University (84.55%).
The number of those who made the cut represents
20.26% of the total number of examinees, Justice
At around five in the afternoon March 17, Justice Conchita Carpio Morales, Chair of the 2010 Committee on Bar Examinations,
Morales added. The exams were administered announces a total of 982 out of 4,847 examinees have passed the 2010 Bar Examinations to the crowd (inset) who had gathered
through Deputy Clerk of Court and Bar Confidant at the Supreme Court.
Atty. Ma. Cristina B. Layusa.
Justice Morales also announced that the sc.judiciary.gov.ph, the official website of the Supreme Total Number Total Number of
examiners were Atty. Sedfrey M. Candelaria and Court. Year Percentage
of Examinees Those Who Passed
Justice Rosalinda A. Vicente (Political and
Justice Roberto A. Abad is the Chairperson of the 2009 5,903 1,451 24.58%
International Law), Philippine Regulatory
Commission Commissioner Jennifer Jardin-Manalili 2011 Committee on Bar Examinations. 2008 6,364 1,310 20.58%
2007 5,626 1,289 22.91%
and Labor Undersecretary Hans Leo J. Cacdac This year’s Bar examinations will be conducted in
(Labor and Social Legislation); Atty. Rita Linda V. 2006 6,187 1,893 30.60%
all four Sundays of November as follows: First
Jimeno (Civil Law); Court of Tax Appeals Justice 2005 5,607 1,526 27.22%
Sunday: Political and International Law, and Labor Bar exams results for the last
The following are the statistics on the1,659
Juanito C. Castañeda, Jr. and Atty. Serafin U. 2004 5,249 31.61%
and Social Legislation (morning) and Taxation 10 years:
Salvador, Jr. (Taxation); Atty. Llewellyn L. Llanillo 2003 5,349 1,108 20.71%
(afternoon); Second Sunday: Civil Law (morning) and
(Mercantile Law); Court of Appeals Justice Mercantile Law (afternoon); Third Sunday: Remedial 2002 4,659 917 19.68%
Apolinario D. Bruselas, Jr. and Court of Appeals Law, and Legal Ethics and Forms (morning) and 2001 3,849 1,266 32.89%
Justice Renato C. Dacudao (Ret.) (Criminal Law); Atty. Criminal Law (afternoon); Fourth Sunday: Trial 2000 4,698 979 20.84%
Rodrigo Lope S. Quimbo and Atty. Herminio Harry Memorandum (morning) and Legal Opinion
L. Roque, Jr. (Remedial Law); and Supreme Court (afternoon). one panel grading the memorandum or decision essay
Justice Ma. Alicia Austria-Martinez (Ret.) and Court while the other the legal opinion essay.
of Appeals Justice Remedios A. Salazar-Fernando Starting this year, the Supreme Court also will
implement the following reforms in the Bar Since this is the first time that the above format will
(Legal Ethics and Practical Exercises).
Examinations: 1. the coverage of the Bar Examinations be implemented, the answers of all candidates in the
The 2010 Bar examinations was the second shall be drawn up by topics and sub-topics rather essay-type examinations will be corrected irrespective
lowest passing percentage mark in the past 10 years, than by just stating the covered laws; 2. the Bar of the results of their MCQ exams which will be known
higher only by .78 from the 19.68 passing percentage Examinations shall be comprised of multiple-choice- earlier because these will be checked electronically.
in 2002. question (MCQ) examinations and essay-type with The Court conducts the Bar examinations pursuant
The 2010 Bar exams also mark the last under the the results of the MCQ and essay-type examinations to Article VIII, Sec. 5 of the Constitution which provides
old mostly essay-type test format. being given weights of 60% and 40%, respectively, in that it shall have the power to promulgate rules
the computation of the candidate’s final grade; and 3. governing the admission to the practice of law.
The list of successful Bar examinees were shown the examiners in all eight Bar subjects shall, apart
on three LCD monitors set up at the Supreme Court from preparing the MCQs for their respective subjects, The first Bar exams were held in 1901, with 13
front yard and was simultaneously viewed at be divided into two panels of four members each with examinees.
SC Disbars Former Law Dean, The Court found that in 1992, Ricafort, then the Dean of the
College of Law of Aquinas University in Legazpi, Albay, obtained
“He [Ricafort] reneged on his duty to render an accounting to
his clients showing that he had spent the amounts for the particular
the amounts of PhP65,000 and PhP15,000 from his clients Arnulfo purposes intended,” held the Court. “He was thereby presumed to
and Erlinda Tarog on the pretext that the said amounts would be have misappropriated the moneys for his own use to the prejudice
deposited in court to counter the PhP60,000 deposit of the buyer of his clients and in violation of the clients’ trust reposed in him. He
By Darylle Evie Mae C. Catabay and Anna Katrina M. Martinez
of the Tarogs’ foreclosed property, and that he would prepare and could not escape liability, for upon failing to use the moneys for the
file the memorandum for his clients. purposes intended, he should have immediately returned the moneys
The Supreme Court has ordered the disbarment of a former
to his clients.”
law dean for gross violation of general morality and of Ricafort, however, deposited the amount of PhP65,000 in his
professional ethics “that impaired public confidence in the legal personal account without the consent of the Tarogs and failed to That this administrative offense was not the first charged and
profession and deserved punishment” and another lawyer for return the money upon demand. He also did not file the memorandum decided against Ricafort aggravated his liability. The Court had
gross misconduct and willful disobedience of the Court’s he proposed to file and had failed to return the amount of PhP15,000 indefinitely suspended Ricafort for his failure to turn over the proceeds
orders. upon demand. of a sale of realty to the complainant who had authorized him to sell
the realty in her behalf.
In a per curiam decision, the Court ruled that disbarment is The Court disbarred Ricafort for violating Canon 16, Rule 16.01
the “commensurate punishment” for Atty. Romulo L. Ricafort, and Canon 17 of the Code of Professional Responsibility. The Court also In a separate case, the Court En Banc ordered the name of Atty.
for grave misconduct for his failure to account for and return directed the Bar Confidant to strike Ricafort’s name from the Roll of Luna B. Avance stricken off from the Roll of Attorneys after she was
the sums of money he had received from his clients in Attorneys, and ordered Ricafort to return to Erlinda Tarog the sums found to have continued to practice law despite a five-year
connection with a civil action to recover their property from a of PhP65,000 and PhP15,000 plus interest of six percent per annum suspension order, and after she had failed to comply with the Court’s
foreclosing banking institution. reckoned from the demand made on December 3, 2002. resolutions. Con’t. on page 3
2 MARCH 2011 Volume XII • Number 03
SC Oks Referral Complaint Against Sen. Villar to Senate PAGCOR Exempt From VAT,
Committee on the Whole Not Corp Income Tax
By Jen T. Tuazon By Arcie M. Sercado
SC Clears PDI Staff of Libel
The Supreme Court has ruled that the Sen. Villar ’s accusation that the Ethics The Philippine Amusement and Gaming
transfer of the complaint involving the C-5 Road Committee, where the complaint was first filed, Corporation (PAGCOR) is exempt from Value-
Extension Project against Senator Manny B. could not act with fairness on his case that Added Tax (VAT) but not from corporate income
By Gleo Sp. Guerra Villar from the Senate Ethics Committee to the prompted Sen. Panfilo M. Lacson as Ethics tax.
Senate Committee of the Whole does not Committee Chair to move the responsibility
Upholding the constitutionally guaranteed
violate the Senator’s right to due process. from this Committee to be undertaken by the Thus the Supreme Court En Banc held when
freedom of the press, the Supreme Court
Senate acting as a Committee of the Whole. it declared valid and constitutional sec. 1 of RA
recently found lack of probable cause in the
In an En Banc decision penned by Senior Under these circumstances, the referral of the 9337, which amended sec. 27 (c) of the National
criminal complaint for libel filed by the City
Justice Antonio T. Carpio, the Court partially investigation to the Senate Committee of the Internal Revenue Code of 1997 (NIRC) by excluding
Prosecutor of Makati against Isagani M. Yambot,
granted the petition for prohibition with prayer Whole is an “extraordinary remedy undertaken PAGCOR from the enumeration of government-
Letty Jimenez-Magsanoc, Jose Ma. D. Nolasco,
for issuance of a writ of preliminary injunction by the Ethics Committee and approved by a owned and controlled corporations (GOCCs)
Artemio T. Engracia, Jr., and Volt Contreras of
and/or temporary restraining order filed by majority of the members of the Senate,” the exempted from corporate income tax. The Court
the Philippine Daily Inquirer (PDI staff). The libel
Senators Villar, Aquilino Q. Pimentel, Jr., Joker Court ruled. also ruled that BIR Revenue Regulations No. 16-
charge stemmed from a “not quite accurate”
P. Arroyo, Francis N. Pangilinan, Pia S. 2005, insofar as it subjects PAGCOR to 10% VAT,
article that saw print in the PDI quoting a female
Cayetano, and Alan Peter S. Cayetano, ruling The Court also held that the adoption of the is null and void for being contrary to the NIRC.
prosecutor that Judge Escolastico U. Cruz, Jr.
that the referral of the investigation of Senator Rules of the Ethics Committee by the Senate
“still has a pending case of sexual harassment Petitioner PAGCOR argued that its exclusion
Villar to the Senate Committee on the Whole Committee of the Whole did not violate Sen.
filed with the Supreme Court.” from the enumeration of GOCCs exempted from
was a valid extraordinary remedy under the Villar’s right to due process as the Constitution
In a 12-page decision penned by Justice circumstances. It also held that in the same gives Congress the power to promulgate its corporate income tax was violative of the equal
Teresita J. Leonardo–De Castro, the Court manner, the adoption by the Senate Committee own rules of proceedings with the only protection clause of the Constitution. PAGCOR
reversed the finding of probable cause of the of the Whole of the Rules of the Ethics Committee limitation of observance of quorum, voting, and also contended that such exclusion violated the
City Prosecutor as affirmed by both the does not violate Sen. Villar ’s right to due publication when required. “As long as these non-impairment clause of the Constitution.
Secretary of Justice and the Court of Appeals in process. The Court, however, held that the requirements are complied with, the Court will
However, the Court found that the exemption
view of the “glaring absence of maliciousness” referral can take effect only upon publication of not interfere with the right of Congress to
of PAGCOR from paying corporate income tax
in the assailed portion of the news article. The the Rules of the Senate Committee of the Whole amend its own rules,” stressed the Court.
was not based on a classification showing
Court applied the test of “actual malice,” i.e., because the Rules themselves mandate their
substantial distinctions which make for real
that the author of the libelous remarks made publication. While the Court held that the Constitution
differences, but the exemption was granted upon
such remarks with knowledge that it was false does not require publication of the internal rules
the request of PAGCOR that it be exempt from
or with reckless disregard as to the truth or The Court held that while ordinarily an of the House or Senate to take effect when they
the payment of corporate income tax. Moreover,
falsity. investigation about alleged irregular or unethical affect only their own members,and that the Senate
after perusing the deliberations of Congress
conduct of one of the Senate’s members is within Committee of the Whole proceedings, in its
“It can be easily discerned that the article regarding RA 9337, the Court found that it is the
the jurisdiction of the Senate Ethics Committee, exercise of its disciplinary power, affect only its
merely reported the statement of [the said female legislative intent that PAGCOR be subject to the
the petitioners, as members of the Minority, own members, it also held that the publication of
prosecutor] that there was allegedly a pending payment of corporate income tax.
effectively prevented the Ethics Committee the Rules of the Senate Committee of the Whole is
case of sexual harassment against Judge Cruz from pursuing the investigation against Sen. nevertheless required as the Rule itself expressly The Court also said that “under Section 11,
and that said article did not report the existence Villar when they refused to nominate any provides that publication is necessary. (GR Article XII of the Constitution, PAGCOR’s
of the alleged sexual harassment as a confirmed member from the Minority to the Ethics Nos.187714, Pimentel v. Senate Committee of the franchise is subject to amendment, alteration or
fact,” held the Court. It agreed with petitioners Committee. The Court also noted that it was Whole, March, 8, 2011) repeal by Congress such as the amendment under
that the author (Contreras), not having any legal Section 1 of RA 9377. Hence, the provision in
training, cannot be expected to distinguish
Ex-DPWH Usec Guilty of Simple Negligence for Failure
Section 1 of RA 9337, amending Section 27 (c)
between a sexual harassment suit and a suit of RA No. 8424 by withdrawing the exemption
where there was an allegation of sexual of PAGCOR from corporate income tax, which
Quoting Borjal v. Court of Appeals, the Court
to Disclose in SALN Wife’s Business Interests may affect any benefits to PAGCOR’s transactions
with private parties, is not violative of the non-
declared that “[a] newspaper especially one By Jen T. Tuazon impairment clause of the Constitution.”
national in reach and coverage, should be The Supreme Court found former was negligent for failing to comply with his
The Court found that RA 9337 itself exempts
free to report on events and developments in Department of Public Works and Highways duty to provide a detailed list of his assets and
petitioner from VAT, and that PAGCOR’s charter,
which the public has a legitimate interest with (DPWH) Undersecretary Salvador A. Pleyto businesses interests in his SALN, but his
PD 1869, is a special law that grants it exemption
minimum fear if being hauled to court by one guilty of simple negligence for failure to negligence is only simple and not gross, in the
from taxes including VAT. (GR No. 172087,
group or another on criminal or civil charges disclose in his Statement of Assets, Liabilities, absence of bad faith or the intent to mislead or
PAGCOR v. BIR, March 15, 2011)
for libel, so long as the newspaper respects and Net Worth (SALN) for the years 1999-2001 deceive on his part, ruled the Court. It noted
and keeps within the standards of morality and the business interests and financial connections that on the first page of Pleyto’s SALN, it is
civility prevailing within the general of his wife, in violation of RA 6713 or The Code already clearly stated that his wife is a COURT CALENDAR
community.” (GR No. 169895, Yambot v. of Conduct and Ethical Standards for Public businesswoman and that such statement was
Tuquero, March 23, 2011) Officials and Employees. inconsistent with the intention to conceal his APRIL 5-7
wife’s businesses interests. Convention Seminar of the Sheriffs Confederation of
The Court, through Justice Roberto A. Abad,
SC Stops Mandaluyong City
the Philippines, Legazpi City
thus reversed the ruling of the Court of Appeals The Court also gave no weight to Pleyto’s Seminar workshop on Dangerous Drugs Law for
and partially granted the petition by the assertion that the Review and Compliance Judges, Prosecutors, and Law Enforcers, Davao City
from Taking Over MRT
Presidential Anti-Graft Commission (PAGC) and Procedure provided in RA 6713 is a
prerequisite to the filing of an administrative APRIL 6-7
the Office of the President (OP) to uphold their Information Dissemination Campaign on Small Claims
finding that Pleyto violated RA 6713. Instead, complaint for false declarations or
By Jen T. Tuazon and Anti-Trafficking Cagayan de Oro City
of dismissal, however, the Court imposed on concealments in one’s SALN. The Court ruled
The Supreme Court has set aside the writ of Pleyto the penalty of forfeiture of the equivalent that nowhere in RA 6713 does it say that a APRIL 12-14
possession in favor of Mandaluyong City over of six months’ salary from his retirement benefits public officer clearly violating RA 6713 must Seminar-Workshop on Special Rules of Court on
properties forming part of the EDSA Metro Rail for simple negligence. first be notified of any concealed or false Alternative Dispute Resolution, Cebu City
Transit (MRT) III. information in his SALN and allowed to APRIL 13-15
As the petition involved the same omissions correct the same before he is administratively Convention Seminar of the Process Servers Association
The Court, through Justice Jose Portugal as those in a previous case filed before the Court charged. Rather, RA 6713 merely authorizes of the Philippines, Davao City
Perez, granted the petition for review on involving Pletyo’s 2001 and 2002 SALNs, the the Review and Compliance Committee to
certiorari filed by the Republic, as represented Court’s judgment in 2007 on the first case was issue interpretative opinions regarding the APRIL 14-15
by the Department of Transportation and held to be conclusive upon the present case. In filing of SALNs and officers and employees Seminar-Workshop on Land Valuation and Just
Communications (DOTC), against the City of Compensation for Special Agrarian Court Judges,
reiterating its previous ruling, the Court held affected by such opinions as well as all who
Mandaluyong challenging the writ of Tagaytay City
that Pletyo’s failure to indicate the business are similarly situated may be allowed to correct
possession issued by the Mandaluyong interests of his spouse, who was described in their SALNs according to that opinion, APRIL 26
Regional Trial Court (RTC) in the City’s favor. his SALN as a businesswoman, constituted as a explained the Court. It added that the only Seminar-Workshop on the Rules of Procedure for Small
The Court ruled that the writ of possession, violation of sec. 8 of RA 6713 which obligates concern of the Review and Compliance Claims Clases, Manila
which involved EDSA MRT III railways, trains, public officials and employees “to accomplish Procedure is to determine whether SALNs are
and three stations, has no force and effect for APRIL 27-29
and submit declarations under oath of their complete and in proper form and not on the Quarterly Training on Multi-Sectoral Capacity-Building
being premature as the validity of the ownership assets, liabilities, net worth and financial interests substance of what is stated in the SALN such on Environmental Laws and the Rules of Procedure for
of the subject properties is still pending including those of their spouses and of as the truth and accuracy of the answers stated Environmental Cases (Region 4A, Quezon City
determination in the Court of Appeals (CA). unmarried children under 18 years old.” in it. “Officials and employees are assumed to
be accountable for the veracity of the entries
The Court stressed that a writ of possession, The Court, however, found Pleyto’s act as Information Dissemination Campaign on Small Claims
considering that the SALNs are under oath,” and Anti-Trafficking, Sorsogon/Legazpi City
which in this case arose from the exercise of not tantamount to dishonesty and grave the Court stressed. (GR No. 176058, PAGC v.
alleged ownership by Mandaluyong City over misconduct but only simple negligence. Pleyto Pleyto, March 23, 2011)
the EDSA MRT III properties by virtue of a tax
delinquency sale, is a mere incident in the THIS MONTH IN HISTORY
transfer of title. Thus it was premature to cause
the transfer of titles to the City’s name pending MARCH 2
the determination before the CA of the validity SC designates 99 Regional Trial Courts nationwide as
of the tax assessment made by Mandaluyong special courts to hear, try
and decide cases involving Extrajudicial Killings in 2007
City on the properties as well as the auction
sale it subsequently held. MARCH 6
Lourdes Paredes-San Diego is appointed the first
The Court added that the denial by the RTC woman Presiding Justice of the
to issue an injunction or TRO in the petition for Court of Appeals in 1980
writ of possession does not automatically give MARCH 7
Mandaluyong City “the liberty to proceed with A Provisional Law on the Judiciary is passed by the
the actions sought to be enjoined.” It further noted Corporation (MRTC), which had entered into a Assessment and Warrant of Levy with a prayer Malolos Congress in 1899
that “this case is, ultimately, between a local Build, Lease, and Transfer agreement with the for temporary restraining order and preliminary
DOTC with Metro Rail Transit Corporation MARCH 12
government’s power to tax and the national injunction. The petitions for TRO and The Philippine Judicial Academy is established with
government’s privilege of tax exemption. That Limited for the construction of a light rail system preliminary injunction were denied and were Ameurfina A. Melencio
issue needs full hearing and deliberation, as for EDSA. The City, after assessing the value thus elevated before the CA, while the issue of Herrera as Chancellor in 1996 (AO 35-96)
indeed, the issue pends before the RTC, at first of the EDSA MRT properties, demanded the validity of the tax assessment remained
payment of real property taxes amounting to MARCH 25
instance. Such trial of facts and issues must pending in the lower court. Pending their The jurisdiction of MeTCs, MTCs, and MCTCs is
proceed.” PhP 1.3 billion from MRTC. As the actual use, resolution, however, Mandaluyong City expanded in 1994 (RA 7691)
possession, and operation of the EDSA MRT III proceeded with a public auction where the
In 2001, the Office of the City Assessor of System had already been turned over to DOTC, MARCH 30
properties were forfeited in favor of the City.
Mandaluyong issued Tax Declaration No. D-013- Maria V. Francisco is the first woman admitted to the
the latter, together with MRTC, filed a case for (GR Nos.184879, Republic v. City of Bar in 1911
06267 in the name of Metro Rail Transit Declaration of Nullity of Real Property Tax Mandaluyong, February, 23, 2011)
Volume XII • Number 03 MARCH 2011
NEW COURT OF APPEALS JUSTICES Justice Gabriel T. Ingles:
By Darylle Evie Mae C. Catabay Preserving and Protecting the Rule of Law
Justice Abraham B. Borreta: Deciding Cases Without Fear or Favor “To preserve and
p r o m o t e
became an associate lawyer of Atty. Jose D.
Palma and then a Senior Partner at the
Judiciary where he was first assigned to the Constitutionalism and Monteclar Ingles Sibi Trinidad Law Firm also
Regional Trial Court Branch 59 of Baguio the rule of law” is in Cebu.
philosophy of newly
City. In November 2001, he was named to Justice Gabriel
appointed CA Justice
the Pasig Regional Trial Court’s Branch 154. “Gabby” T. Ingles’ In October 2001, he was appointed
Abraham B. Borreta is to
He was promoted to the Court of Appeals judicial philosophy. “I presiding judge of the Cebu City Regional
“give justice to every
on March 1. believe that actual and Trial Court Branch 58. He was also designated
man” by deciding cases
p e r c e i v e d spokesman of the Palace of Justice by Cebu
according to the facts of
During his tenure as a trial judge, he was independence are Regional Trial Court (RTC) Executive Judge
the case, according to the
most proud of his decision in the Pasig City equally important,” Meinrado Paredes.
law, and according to his
shabu tiangge case, where he convicted says the 59-year old
operator Amin Imam Boratong and his wife newly appointed From 1997 to 1999, he served as
Justice Borreta did not Sheryl Molera Boratong in 2009. Court of Appeals president of the Integrated Bar of the
originally plan on becoming a lawyer. Growing magistrate. Philippines (IBP) Cebu City Chapter. He also
For Justice Borreta, a good CA justice writes a column for Cebu Daily News on recent
up, he wanted to be a doctor. He, however, “must have judicial courage, that is, to decide
eventually decided to enter law school and in While growing up in Tagbilaran City in Supreme Court rulings of public interest.
what he thinks is right. [He must] decide cases Bohol, young Gabby wanted to be a priest.
1973, graduated from the University of the according to what the law prescribes without
Philippines College of Law. He later placed 8th However, after six years in Christ the King On being appointed to the second highest
fear or favor.” Mission Seminary in Quezon City, he was court of the land, he said, “I feel privileged
in the Bar examinations of that year.
Expressing his commitment, Justice Borreta advised to leave the seminary because of his to be joining the Court of Appeals and of
He engaged in private practice from 1981 said he will “serve the Court of Appeals with being a student activist. He then studied course, honored to get the appointment even
to 1988, working at the law firm Castillo Laman distinction, honesty and integrity” until his Philosophy at the University of San Carlos without any political endorsement.”
Tan and Pantaleon. In 1993, he joined the retirement. (USC) in Cebu City.
For Justice Ingles, in order to be a good
Gabby later took up law and taught CA justice, “It is fundamental not only to be
Justice Victoria Isabel A. Paredes: Law is Her Life Philosophy at the same time. As a law student,
he was “deeply involved in helping farmers
and other marginalized groups organize
always knowledgeable about the Canons of
Judicial Ethics, but also, and even more
importantly, to always bear witness and live
For someone who Upon passing the Bar exams, she worked in themselves.” In 1981, he graduated cum laude. by such Canons and rules.”
did not even dream of the private sector as a corporate lawyer. In 1985,
becoming a lawyer, she began her government service as state In 1982, the year he passed the Bar exams, Justice Ingles is a loving husband to
newly appointed Court counsel at the Department of Justice (DOJ) in he joined the academe. He has been teaching wife Maria Alice and father to eight-month-
of Appeals Associate Manila. She became Quezon City assistant city law for the past 29 years. old daughter Annika Caelyn Gabrielle,
Justice Victoria Isabel prosecutor a year after. both of whom witnessed him take his oath
A. Paredes is doing well From 1994 to 2000, he was dean of the as CA Justice. He considers them his
in the legal profession. For Justice Paredes, her promotion to the University of San Carlos College of Law. He inspiration.
appellate court justice happened in God’s time.
As a child, she first “I knew and, with conviction, I can say that His
wanted to be a nun, then
a teacher, and later on, a
time is the best time.”
Justice Pamela Ann A. Maxino: An Honor and
Privilege to Serve
visual artist or painter. A Judicial Excellence Awardee in 2009 and
But her father, a criminal lawyer, saw her potential 2010 in the Second-Level Courts category,
as a lawyer. she received the Chief Justice Cayetano
Arellano Award for Outstanding RTC Judge in Justice Pamela She earned a degree in Chemistry at the
Indeed, her family expected her to go either 2010. Ann Maxino’s Silliman University before entering its College of
into law or politics as most of them did. Her appointment to the Law, where she graduated magna cum laude in
great-uncle, the late Quintin B. Paredes, for Her gender-sensitive decisions on cases second highest court 1989.
instance, was also a lawyer who became Senate involving violations of RA 8353 (Anti-Rape of the land is one more
President in 1955. law) and RA 7610 which is against child abuse, proud moment for her While waiting for the results of the Bar exams
exploitation and discrimination also earned family. in 1990, she worked at the Court of Appeals as
Justice Paredes finished her law degree with her the Most Outstanding Gender-Sensitive Private Secretary in the Office of Justice Venancio
honors in 1979 at the University of the Judge in the Philippines award in 2009. Born on October D. Aldecoa, Jr., her professor in criminal law. In
Philippines, where she also graduated cum laude 3, 1956 in Dumaguete 1992, she worked as Court Attorney V for the
with the degree Bachelor of Arts in Philosophy Justice Paredes discloses her personal City, Negros Oriental, Office of Justice Cezar D. Francisco. She was
in 1975. She was the first lawyer among her tenet, thus: “The law is my life; Justice is my Justice Maxino comes appointed Division Clerk of Court of the CA-First
siblings; her three brothers also became lawyers. moral compass; and God is my guide.” from a family of Division in 1995. Three years later, she became
achievers. Her father State Prosecutor of the National Prosecution
from page 1, SC Disbars Former Law Dean Luciano was a lawyer, Service.
her brother Roderick is the presiding judge of
In 2003, Avance was suspended from the practice of law for five years and ordered to return Regional Trial Court, Branch 32 of Negros Oriental, In 1999, Justice Maxino joined the Judiciary as
PhP3,900 to her client after she was found guilty of gross misconduct for abandoning her client while her sister Carol is an Undersecretary in the Presiding Judge of the Municipal Trial Court Branch
in bad faith and failing to comply with the Court’s orders. While suspended, however, Avance Department of Science and Technology. Her other 1, Guagua, Pampanga. In 2002, she was promoted
appeared in three cases as “Atty. Liezl Tanglao,” before the sala of Judge Consuelo Amog-Bocar siblings are all professionals. to Presiding Judge of the Regional Trial Court,
of Iba, Zambales, Regional Trial Court Branch 71. Avance failed to comment on Judge Amog- Branch 51, also in Guagua. She became Vice-
Bocar’s letter-report despite being ordered by the Court in several resolutions. Justice Maxino finished both elementary and Executive Judge and later Executive Judge in 2004.
high school at the Foundation University, where
On September 29, 2009, the Court issued a resolution finding Avance guilty of indirect her father was former president. (In 2006, she was Justice Maxino considers her being a CA justice
contempt for such failure and ordering her to pay a PhP30,000 fine. It also sternly warned her that to be chosen Outstanding Alumnus awardee by “an honor and privilege to serve God, country,
a repetition of the same or similar infractions will be dealt with more severely. Despite due notice, the Foundation University.) and people.”
however, she still failed to pay the fine. (AC No. 8253, Tarog v. Ricafort, March 15, 2011; AC No.
534, Santeco v. Avance, et al, February 22, 2011)
In Memoriam : ATTY. J CONRADO P. CASTRO
he Judicial and Bar Council’s Atty. J Conrado
P. Castro, representing the Integrated Bar of the
Philippines, died in a vehicular accident last
March 19. A memorial mass was held for him on
March 25 at the SC Training Center.
DCA Villasor Retires
Handgun Acquisition Program; Chairperson of
Atty. Castro is an alumnus of the University of the Technical Working Group, Committee On
Security; Liaison Officer to the National Bureau
the Philippines, from where he received both his By Patricia Grace P. Libo-on
of Investigation-Task Force Judiciary
undergraduate (Bachelor of Arts in Philosophy, 1980) and law (1985) When appointed as Protection; Chairperson, Bids and Awards
degrees. He was admitted to the Bar in 1985, with a grade of 83.015%. Assistant Court Committee for Infrastructure; Chairperson, Bids
Administrator in 2008, and Awards Committee for Consultancy
ACA Jesus Edwin A. Services; Professor II, PHILJA Department of
Atty. Castro started his legal career in the private sector, working as Villasor, in an interview Court Management; Vice-chairperson, PHILJA
carried by Benchmark, Department of Court Management. Vice
an associate for several law firms. In 2003, Atty. Castro became the advised judges to Chairperson, Regional Court Administration
youngest regular member of the Judicial and Bar Council. As a JBC “perform their work to the Office Oversight Committee 7th Judicial Region;
member, he was known for his dedication and commitment to his duty. best of their abilities, and Vice-Chairperson, Drug Prevention Committee
strive to do better to for First- and Second-Level Courts;
As a testament to this, the JBC on July 3, 2007, issued a resolution improve and bring honor Representative of the Court Administrator,
commending Atty. Castro for demonstrating “fairness, objectivity and to the Judiciary.” Until his Committee to Review the Plantilla Positions
impartiality so as to generate highly qualified nominees for judicial retirement three years and Salary Grades of Officials and Employees
later on March 30, 2011, Deputy Court in the Judiciary; Member, Technical Working
positions” in all phases of the judicial selection process. Administrator Villasor apparently heeded his Committee, Multi-Sectoral Anti-Corruption
own advice. Council; Member, Technical Working Group,
Over the years, Atty. Castro served the IBP and the Philippine Bar While in the Court, DCA Villasor was part
Rule of Procedure for Environmental Cases.
Association (PBA) in numerous capacities over the years. He was also of several committees. He was the Chairperson Admitted to the Philippine bar on March 9,
a Court of Appeals mediator. (Patricia P. Libo-on) of the Committee to Review the Lower Courts’ 1972, DCA Villasor started his law career in the
Operations and Organization; Chairperson of private sector working as an associate in the
the Supreme Court Motorcycle, Computer and Quasha Law Firm.
4 MARCH 2011 Volume XII • Number 03
FROM THE BENCH
n celebration of this year’s Women’s comprehensive women’s human rights law To achieve these worthy goals, committed As chairperson of the 2010 Bar
Month, the judiciary adopted the that seeks to eliminate discrimination advocates, especially those from the legal Examinations, I congratulate the 982
slogan, “Magna Carta of Women, against women by recognizing, protecting, profession, are needed. Hopefully, a successful examinees. The nation is
Philippine CEDAW: In Support of the fulfilling and promoting the rights of Filipino number of such advocates will emerge pinning its hope on them – the new
Millennium Development Goals: women, especially those in the from those who passed the 2010 Bar workers in the vineyard of justice – as
Celebrating a Nation’s Quest for marginalized sectors.” Examinations. they improve the landscape of the legal
Development towards the New profession and hopefully bear the fruit
Millennium.” The Magna Carta of Women is supportive of May they keep in mind that law is not of gender equality and women
the Millennium Development Goals just a noble profession; it is an ennobling empowerment.
Republic Act No. 9710 (August 14, 2009) (MDGs), which aim to (1) eradicate extreme profession. More than just a circle of a few
or the Magna Carta of Women is the poverty and hunger; (2) achieve universal who are stamped with a status that exacts
Philippine version of the United Nations primary education; (3) promote gender high moral principles, the law profession
Convention on the Elimination of All Forms equality and empower women; (4) reduce should lend greater dignity to its every area
of Discrimination Against Women child mortality; (5) improve maternal health; of operation. The majesty of the law should
(CEDAW). It is, as the Philippine (6) combat HIV and AIDS, malaria and other hold its upright sway and spread its beneficial
Hon. Conchita Carpio Commission on Women (formerly diseases; (7) ensure environmental influence on virtually all aspects of social life
National Commission on the Role of sustainability; and (8) develop a global and spheres of human activity, most urgently
Filipino Women) summarizes, “a partnership for development. those areas identified by the MDGs.
EJOW Visits Isabela Province
By Joachim Florencio Q. Corsiga
Chairperson of the Committee on the Enhanced
Justice on Wheels Program Justice Mariano C. Del Castillo,
Court Administrator and SC spokesperson Jose Midas
P. Marquez, and Deputy Court Administrator Raul
Bautista Villanueva led the launching of the EJOW
program in the Province of Isabela in Santiago City, on
March 25, 2011. The EJOW caravan also travelled to
the cities of Cauayan and Ilagan on March 28 and 29,
Also present as lecturers for the Information dissemination campaign
for barangay officials were Deputy Court Administrator Nimfa C. Vilches,
Justice Oswaldo D. Agcaoili (ret.), and Judge Rosalina L. Pison (ret.).
The EJOW Program, which features the use of a specially-designed bus
that serves as a mobile court, has so far resulted in the provisional release
of 5,192 inmates from jails across the country.
The program launch in Isabela also included a new component, a
Members of the Justice and Court Reporters Association and the Justice Reporters Organization who took part in the Court’s Forum for Media on Judiciary
separate team building activity for the court employees. DCA Villanueva Coverage in Baguio City on March 30, 2011 pose for posterity with forum lecturers, namely Atty. Maria Victoria Gleoresty Sp. Guerra (seated, second from left),
explained that the activity was conceptualized to give something back to Atty. Ismael G. Khan (seated, third from left), Mr. Reynaldo G. Panaligan (seated, fourth from left), and Court Administrator Jose Midas P. Marquez (seated, fifth
the court staff for their efforts in the preparation of the EJOW program, and from left).
also to provide them a venue to express their concerns.
The EJOW launch resulted in the release of 29 inmates from the different
city jails, 222 inmates being given medical and dental attention, 147 inmates SC Conducts Media Forum on Judiciary Coverage
being the recipients of free legal aid, 49 cases successfully court-annexed By Anna Katrina M. Martinez
mediated, with 46 cases being reset.
To “demystify” the Supreme Chief of the PIO and editor in chief of court-media relations issues such as lack
One of those released, due to the complainant’s failure to prosecute, Court and its procedures, the Public Benchmark, presented a summary and of understanding of the judicial process
was Gina Asentista, an inmate in the Cauayan City Jail, who was originally Information Office (PIO), with support analysis of significant Court decisions and the use of legalese in court decisions,
charged with illegal recruitment and incarcerated for a year and six months. from the Program Management and issuances on libel, contempt, and among others. Court Administrator and
Asentista expressed her gratitude to DCA Villanueva. Office, conducted the 2011 Forum for the right to privacy. Mr. Reynaldo G. incumbent PIO Chief Jose Midas P.
Media on Judiciary Coverage last March Panaligan, Senior Reporter of the Marquez then spoke on the roles of the
A total of 629 barangay officials, from among the three cities, participated 30 at the Training Center of the Baguio Manila Bulletin, then delivered the Court and its justices, highlighting the
in the information dissemination lectures on enforcement of barangay Country Club. presentation on court reporting do’s and procedural traditions involved in the
compromise agreements in small claims courts, court-annexed mediation, don’ts on behalf of Ms. Fil C. Sionil, appointment and in the discharge of
barangay protection orders in cases of violence against women and children, The Forum was attended by Managing Editor of the Manila Bulletin. functions of the 15-member tribunal.
diversion proceedings for children in conflict with the law, and land titles Manila-based print, radio and Mr. Panaligan added valuable personal
and laws on the environment. television broadcast, and online media inputs and insights based on his 34-year Questions from the participating
persons who are members of the experience of covering the justice and members of the media were entertained
Isabela has been the EJOW Program’s 2nd stop this year. So far, over 500 courts beat. and answered by the four resource
Justice and Court Reporters
inmates have benefitted from the EJOW Program this year. persons during an open forum following
Association (JUCRA) and the Justice
Reporters Organization (JUROR). Retired Assistant Court Administrator the lectures. Court Administrator
SC Conducts Personal Security Training
and current Philippine Judicial Academy Marquez then gave the closing remarks
Atty. Maria Victoria Gleoresty Sp. professor Atty. Ismael G. Khan, also the and led the awarding of certificates of
for Judges in Quezon City
Guerra, Director IV and Assistant first Chief of the PIO, gave a lecture on participation.
By Anna Katrina M. Martinez
SC Amends Rule on Service of Summons to Private Foreign Entities
The Supreme Court, through the Philippine Judicial Academy (PHILJA), By Patricia Grace P. Libo-on
conducted the Personal Security Training for Judges for the 3rd, 4th, and the
National Capital Judicial Regions, at the Imperial Palace Suites in Quezon The Supreme Court En Banc has provided for means to serve summons to private foreign entities that are not
City from March 22 to 24, 2011. registered in the Philippines or have no resident agent.
Fifty-six selected judges from the second-level and first-level courts As amended, Rule 14, sec. 12 of the Rules of Civil Procedure now provides that service of summons may be made to
were selected by the PHILJA to participate in the three-day training. The a private juridical entity not registered in the Philippines or one who has no resident agent with leave of court, through
judges were oriented lectures on threats assessment, crime prevention and any of the following means: a) by personal service coursed through the appropriate court in the foreign country with the
basic first aid, and actual instructions on firearms orientation and assistance of the Department of Foreign Affairs; b) by publication once in a newspaper of general circulation in the
marksmanship through a series of lectures and marksmanship training. country where the defendant may be found and by serving a copy of the summons and the court order by-registered mail
at the last known address of the defendant; c) by facsimile or any recognized electronic means that could generate proof
The training was a joint project of the SC Committee on Security, the of service; or d) by such other means as the court may in its discretion direct. (AM No. 11-3-6-SC, Amendment of Section
PHILJA, and the Office of the Court Administrator, in coordination with the 12 Rule 14 of the Rules of Court on Service upon Foreign Private Juridical Entity, March 15, 2011)
National Bureau of Investigation, and was the 11th of its kind since the
signing of the Memorandum of Agreement on Judicial Security between
the Supreme Court and the NBI in January 2008.
Court Admonishes Vizconde, Fines Ex-VACC Chair
By Jay B. Rempillo
The Supreme Court has admonished Lauro Vizconde for publicly stating that the Court had been bought when it
acquitted Hubert Jeffrey Webb and co-accused, and that a High Court justice put pressure on its members to vote for
acquittal when Vizconde himself was not prepared to substantiate his allegations.
In an eight-page resolution, the Court also found former Volunteer Against Crime and Corruption Chair Dante
Jimenez guilty of contempt of court for badmouthing the members of the Court and fined him PhP100,000. (The penalty
was later reduced to PhP30,000 to conform with sec. 6, Rule 71 of the Rules of Court.)
The Court ruled that Jimenez “cannot invoke his right to freedom of speech and expression to justify his foulmouthed
remarks against the members of the Court.” Citing Roxas v. De Zuzuaregui, Jr., the Court reiterated that “the making of
contemptuous statements directed against the Court is not an exercise of free speech, but an abuse of such right.
Unwarranted attacks on the dignity of the courts cannot be disguised as free speech, for the exercise of said right cannot
be used to impair public respect and confidence in the courts.”
Citing the prosecution’s failure to prove their guilt beyond reasonable doubt, the Supreme Court on December 14,
PHILJA Chancellor Adolfo S. Azcuna welcomes the judges participants to the Personal Security 2010 acquitted Webb and six other co-accused for the rape with homicide of Estrelita Vizconde and daughters Jennifer and
Training for Judges for the 3rd, 4th, and the National Capital Judicial Regions held from March 22- Carmela. The Court ordered the immediate release of Webb, et al. (GR No. 176389, Lejano v. People; GR No. 176864, People
24, 2011 at the Imperial Palace Suites in Quezon City. v. Webb, Min. Res., February 15, 2011)
Volume XII • Number 03 MARCH 2011
Judiciary Celebrates Women’s Month
T he Supreme Court Committee on Gender Responsiveness in the Judiciary
(CGRJ), chaired by Justice Conchita Carpio Morales led the Judiciary in
celebrating Women’s Month this March with the theme Magna Carta of Women,
the Philippine CEDAW: In support of the Millennium Development Goals.
By Atty.Anne Perpetual S. Rivera
The CGRJ held an image enhancement
seminar (Journey to a New You) on March 9 at
the SC Training Center, Centennial Building.
attended by CGRJ members and SC chiefs of
office, including Philippine Judicial Academy
(PHILJA) Chancellor Adolfo S. Azcuna
formerly Co-Chair of the CGRJ. Resource
person Ms. Baby V. Doble, a member of the
Association of Image Consultants International
(Singapore Chapter), gave tips on good
grooming, proper table etiquette, and dressing games for all lady employees in the afternoon
for success, among others. The seminar was of the same day.
conducted in coordination with the SC Office
of Administrative Services and was emceed Winners in the fun run activities were Mylyn
by CGRJ member Atty. Gleo Sp. Guerra of the Muriel (1st Place), Hannah Cardinosa (2nd
SC Public Information Office. Place), and Jocelyn dela Cruz (3rd Place), while
the winners in the bowling events were Lily
On March 11, a training session on Baniqued (1st Place), Doris dela Cruz (2nd
parenting skills for court employees, whose Place), and Vanessa Liyo (3rd Place). A
children get their early education at the the SC badminton doubles game was also held, with
Day Care Center, was conducted. Earlier, or Meleen Canicula and Jasmin Aquino (1st Place)
on March 2, there was a gender sensitivity and Hannah Cardinoza and Mylyn Muriel (2nd
training for court employees. Place) emerging as winners.
Justice Morales, in her message during Now on its third year, the Sandiganbayan
CGRJ-sponsored flag ceremony on March 21, photo-essay contest this year had the theme
noted that six out of the 12 examinees who Babae Bilang Ina. Besting 23 other entries were
obtained the highest ratings in the 2010 Bar three winning photos, respectively titled Aking
Examinations are women. The Chair of the Guro, Aking Ina by Mark Oliver Mercader of
Committee on 2010 Bar Examinations noted that the Office of Presiding Justice Edilberto G.
this brings to 60 -- as opposed to 49 men – the Sandoval (1st Prize and the People’s Choice
total number of females who made it to the top Award); Motherhood -- A Blessing and a
10 Bar passers from 2000 to 2010. Responsibility of Hanna Leila Francisco of the
Office of Associate Justice Alexander G.
Deputy Court Administrator Nimfa C. Gesmundo (2nd Prize); and Oras at
Vilches led the prayer, while Atty. Guerra led Pagmamahal ng Isang Ina, Walang Katumbas
the singing of the National Anthem and Judicial na Bagay o Anumang Halaga of the Office of
Reform Program Administrator Geraldine Faith Associate Justice Napoleon E. Inoturan (3rd
A. Econg the Panunumpa sa Watawat. Prize).
As part of empowering women, the GAD
Focal Point sponsored last March 17, seminar-
workshops on make-up and hairstyling, held in
cooperation with the Ricky Reyes Learning
Institute; and the basics of self-defense, in
cooperation of the UP College of Human
COURT OF APPEALS
By Elizabeth L. Sorianosos
The Court of Appeals Gender and
Development Focal Point Committee chaired
by Justice Priscilla J. Baltazar-Padilla and co-
chaired by Justice Marlene Gonzales-Sison
began its celebration on March 8.The
Committee sponsored a film-showing of Eat,
Pray, Love, starring Julia Roberts. Atty. Flordeliz
ATTY. ROAN I. LIBARIOS Chief of Office of Policy and
Cabanlit-Fargas, COURT OF TAX APPEALS
By Atty. Elsie R. Tiauzon-Forteza
Development Research of the Judicial and Bar
Council (JBC), discussed the gender sensitive Lakas ng Kababaihan, Sagot sa Kaunlaran
issues touched upon in the film, giving emphasis was the winning entry in the Court of Tax Appeals
on the need to show love and respect towards (CTA) slogan-writing contest which ushered in
women and recognizing their economic and the tax court's celebration of Women’s Month.
political roles as well as achievements in the Atty. Margarette Y. Guzman, First Division Clerk
society. of Court, submitted the winning entry
The CA-GAD Focal Point Committee also In coordination with the CTA Health and
initiated the distribution of the Book on Laws, Welfare Plan Officers, a flu immunization activity
Rules, Issuances for Cases Involving Domestic was held on March 3 and 7. A total of 174 CTA
Relations, Women, and Children to all CA Justices. employees availed themselves of the free
On March 11, a total of 92 female CA
employees availed themselves of free breast To empower women with additional
examination conducted by breast cancer livelihood opportunities, a tiangge (flea market)
surgeon Dr. Cristina Santos. Organized by the was held on March 15 and16.
Sub-committee on Health and Welfare, Dr.
Santos also served as resource speaker during An afternoon Bowl-o-Fun participated in by
223 CTA personnel was held on March 18 at the
CJ Corona Approves Release of JDF
the launching of a free breast cancer lecture
titled Keep Abreast at the CA Auditorium. Ever Gotesco Commonwealth Lanes. To further
deepen the awareness of women empowerment,
the teams were named after Filipina stalwarts on By Sheena Mae T. Dagum
women empowerment, namely Melchora Chief Justice Renato C. Corona has authorized the release of the Additional Cost of Living
Aquino, Gabriela Silang, Marcella Agoncillo. Allowance (COLA) under the Judiciary Development Fund (JDF) for Ferbruary 2011 as an
and Gregoria de Jesus. Team Melchora Aquino additional benefit to qualified court officials and personnel.
members emerged as the victors.
The Chief Justice granted the release of the additional COLA to qualified court personnel for
On March 24 to 25 a Reorientation on Gender February 2011, pursuant to Memorandum Order No. 15-2011, dated March 04, 2011, in amounts
and Development and the Magna Carta of Women ranging from PhP2,300 to PhP2,500, depending on one’s salary grade.
By Sandra Peralta-Calugay
was held at the Subic International Hotel for all
CTA personnel. The additional benefit under the JDF is given to all qualified employees and officials of the
The Sandiganbayan-GAD Focal Point Judiciary pursuant to and by virtue of the authority vested upon the Chief Justice under PD 1949.
started its celebration of Women's Month with Capping the CTA celebration, a talk on The said allowance is taken from the eighty per centum (80%) allotted for the purpose from the
sports activities. There was a fun run held in the social graces by Ms. Doble was held on income of the JDF from February 1-28, 2011.
morning of March 5, 2011 followed by bowling March 29.
6 MARCH 2011 Volume XII • Number 03
FOREIGN CHAMBERS OF COMMERCE MEMBERS VISIT SC. Members of the Foreign Chambers of Commerce pose for posterity with Chief Justice Renato C. Corona (fifth from left) during a courtesy call on the chief magistrate on March 17, 2011 at the
Dignitaries’ Lounge, New Building, Supreme Court, Faura, Manila. (From left) Nobuo Fujii of the Japanese Chamber of Commerce, John Forbes of the American Chamber of Commerce, Robert Sears of the American Chamber of Commerce, Mr. Hubert d' Aboville of
the European Chamber of Commerce, Chief Justice Corona, SC Justice Teresita J. Leonardo-de Castro, Mr. Julian Payne of the Canadian Chamber of Commerce, Mr. Henry Schumacher of the European Chamber of Commerce, Mr. Roger Lim of the European Chamber
of Commerce, Court Administrator Jose Midas P. Marquez, Judicial Reform Program Administrator Judge Geraldine Faith Econg, and Atty. Rolando Villones of the Korean Chamber of Commerce. During the meeting, the Foreign Chambers of Commerce members
personally asked the chief magistrate on how they could help the Judiciary in its reform initiatives and took special interest on the Rules on Alternative Dispute Resolution (ADR), reciprocity and environmental rules, as well as the Judiciary’s integrity initiatives.
Judiciary Supports Business Sector
By Jay B. Rempillo
When public interest is at stake, the Judiciary, equitably reduced or even invalidated
without fail, will work with the business sector. unconscionable interest rates.
Thus Chief Justice Renato C. Corona assured In Solidbank Corporation v. Permanent Homes,
the business people during the 26th National Inc. (GR No. 171925, July 23, 2010), the Court
Convention of the Bankers Institute of the ruled that there is an indispensable requirement
Philippines, Inc. held on March 19, 2011 at the for mutual notice and written consent on the
Taal Vista Hotel, Tagaytay City imposition of increased interest rates which, in
this case, seemed to be on the high side. In
“I assure you that the Supreme Court and other words, the debtor should be given the
all inferior courts will be working with business, option to prepay the loan if he does not want to
not against it, especially if public interest is at pay the higher interest rate being demanded by
stake. I believe that government, including the
courts, should play the role of facilitator of
the lender, regardless of any contrary provision
in the promissory note. The Court said that a Protect Your Kidney
Signs and Symptoms of Having Urinary Stones
growth. This can only be done with good “contract containing a condition which makes
governance,” said Chief Justice Corona. its fulfillment dependent exclusively upon the
uncontrolled will of one of the contracting
parties is void. ” Compiled by Dr. Prudencio P. Banzon, Jr.
Chief Justice Corona said that the banking
industry plays a key role in directly spurring
national, institutional, and individual socio- In Pasco v. Heirs of Filomena de Guzman, Small, smooth kidney stones may remain in the kidney or may pass without causing pain.
economic growth on one hand, while indirectly represented by Cresencia de Guzman (GR No. These are stones that lodge in the tube that carries urine from the kidneys to the bladder
distributing wealth on the other. As such, there 165554, July 26, 2010), the Court, clarified that (ureter) and may cause the urinary system to spasm and produce pain. The pain is related to
is a need for the supervision and regulation of excessive and exorbitant interest rates should be the size of the stone and often radiates from the lower back to the side of the groin.
the banking industry by the government. In reduced.
some indirect way, the judiciary is a part of this A “small” stone (usually 4 mm in diameter or less) has a 90 percent chance of spontaneous
control mechanism, the chief magistrate added. Chief Justice Corona said that there are other
passage. Stones that are 8 mm in diameter or larger usually require medical intervention.
recent and landmark decisions which are
Chief Justice Corona underscored that important to the banking industry, including those OTHER SIGNS AND SYMPTOMS OF KIDNEY STONES
bankers and banks have to understand that the pertaining to negotiable instruments, foreclosure MAY INCLUDE THE FOLLOWING:
reason the Supreme Court has been intervening of mortgages, which BAIPhil hopefully will also
Blood in the urine (hematuria); increase frequency of urination; nausea and vomiting; pain
and setting legal standards on imposable interest include in its continuing training to lessen the
during urination (stinging, burning); tenderness in the abdomen and kidney region; and signs
is to thwart a banking crisis just like what possibility of litigation. “As all bank executives
and lawyers know, litigation in many instances and symptoms of urinary tract infection such as fever, chills, loss of appetite.
happened to Iceland. He said that despite
occasional periods of difficulty, the country has only serves to sap bank resources unnecessarily • HOW ARE THESE STONES FORMED?
not undergone a serious banking crisis. Iceland and distracts our focus from more productive
Kidney stones form when there is a high level of calcium (hypercalciuria), oxalate
deregulated its banks in 2001 and the said undertakings,” he said.
(hyperoxaluria), or uric acid (hyper-uricosuria) in the urine; lack of citrate in the urine; or
industry almost collapsed less than ten years
While the bankers and banks have kept up
insufficient water in the kidneys to dissolve waste. When dehydration occurs, high levels of
later in 2008-2010. The Iceland banking crisis,
with high technology, such as electronic fund substances that do not dissolve completely (e.g., calcium, oxalate, uric acid) may form crystals
Chief Justice Corona said, was the result of a
flawed economic policy coupled with bad transfer at the point of sale, automatic teller that slowly build up into kidney stones.
governance and lack of regulation and control. machines, mobile banking, online banking,
• WHAT ARE KIDNEY STONES?
telephone banking, video banking, direct credit,
Kidney stones or calculi are hardened mineral deposits that form in the kidneys. Originating
In our country, the High Court has been direct debit, internet banking, and numerous
other convenient methods, the banking industry as microscopic particles, these deposits develop into stones overtime. Medically, they are
filling in the gaps left by Central Bank Circular
should also “continue to evolve and improve called nephrolithiasis or renal stone disease.
No. 905 which effectively removed the ceiling
on interest rates on loans or forbearance of on ways to achieve better services and thereby
The kidneys filter waste products from the blood that are later excreted through the urine,
money, goods, or credit. immortalize the fairly immutable basic character
a byproduct of the kidneys. When waste materials in the urine do not dissolve completely,
of the banking industry, that of connecting its
customers with capital surpluses to its crystals and kidney stones are likely to form.
Chief Justice Corona cited the following
decisions when the Supreme Court took customers with capital deficits,” stressed the Small stones can cause discomfort as they pass out of the body. Regardless of size, stones
cognizance of CB Circular No. 905 but Chief Justice.
may pass out of the body, become lodged in the tube that carries urine from the kidney to the
bladder (ureter) and cause severe pain that begins in the lower back and radiates to the side of
groin. A lodged stone can block the flow of urine causing pressure to build in the affected
ureter and kidney. Increased pressure results in stretching and spasm which cause severe
• WATCH WHAT YOU EAT
Diet plays an important role in the development of kidney stones, especially in patients
who are predisposed to the condition. A diet high in sodium, fats meat, and sugar, unrefined
carbohydrates increases the risk for renal stone disease. Recurrent kidney stones may form in
patients who are sensitive to the chemical byproducts of animal protein and who consume
large amounts of meat.
High doses of Vitamin c (i.e., more than 500 mg a day) can result in high levels of oxalate
in the urine (hyperoxaluria) and increase the risk for kidney stones. Oxalate is found in berries,
vegetables (e.g., green beans, beets, spinach, squash, tomatoes), nuts, chocolate, and tea.
VERY HIGH PURINE
Anchovies, brains, gravies, kidneys, liver, sardines, sweet breads
Bacon, beef, calf tongue, chicken soup, duck, goose, pork rabbit, shellfish,
MODERATELY HIGH PURINE
Asparagus, bouillon, cauliflower, chicken, crab, ham, beans, lobster, mushroom, oatmeal,
oysters, peas, salmon, spinach, tuna
Chief Justice Corona assures business people that the Supreme Court and all inferior courts “will be working with business,
not against it, especially if public interest is at stake” during the 26th National Convention of the Bankers Institute of the Source: Brochure by Metro Drug, Inc.
Philippines, Inc. held on March 19, 2011 at the Taal Vista Hotel, Tagaytay City.
Volume XII • Number 03 MARCH 2011
PHILJA at 15: “Greening the Academy”
By Anna Katrina M. Martinez
GREENING THE ACADEMY ON THE
The Philippine Judicial Academy (PHILJA), who have demonstrated exceptional BRIEF REMARKS
the educational arm of the Supreme Court for performance and exemplary work attitude in
all justices and judges nationwide, adopted the the Academy.
Justice Justo P. Torres, Jr. (Ret.)
theme Greening the Academy as it celebrated its
15 th founding anniversary through a tree- Chancellor Azcuna conferred the Vice Chancellor
planting activity held last March 11, 2011 at the Chancellor’s Award to Gloria M. Gatchalian,
PHILJA Training Center in Tagaytay City. Executive Assistant III of the Office of the We are gathered here this morning to celebrate the 15th Anniversary of the
Executive Secretary, in cognizance of her
professional integrity, dedication to work, Philippine Judicial Academy with a special activity in its program: GREENING
Led by incumbent PHILJA Chancellor
Adolfo S. Azcuna, Vice-Chancellor Justo P. and outstanding performance. THE ACADEMY. This is as it should be – in our desire to create an
Torres, Jr., retired Supreme Court Justice and Environmental awareness so essential for the survival of mankind.
Founding PHILJA Chancellor Emeritus Also recognized were Atty. Joicel
Ameurfina A. Melencio-Herrera, former Sopeña-Bote, PHILJA Attorney III of the
Tagaytay City Mayor and current Chairperson Office of the Executive Secretary, as PHILJA While the greening of the Academy’s landscape may be a symbolism to
of Metropolitan Manila Development Authority Employee of the Year for Supervisory Level for purify the winds of change, it nevertheless, prevents the awesome dangers of
Francis N. Tolentino, court officials and PHILJA her utmost diligence and dedication to duty
and for her exemplary leadership, and Romeo pollution which unknowingly carry harmful ingredients of destruction to
employees planted saplings around the Training
Center compound in line with the Academy’s A. Arcullo, Judicial Staff Employee II of the healthy living.
goal of raising environmental awareness and Research, Publications and Linkages Office
accountability. Also present were Court of Tax as PHILJA Employee of the Year for Non-
Supervisory Level for diligently performing his
Aside from incalculable success of PHILJA in its objectives and programs
Appeals Presiding Justice Ernesto D. Acosta,
PHILJA Executive Secretary and retired Court official duties and for being a team-player as the educational unit of the Supreme Court, it has earned a respectable place as
of Appeals (CA) Justice Marina L. Buzon, while competently handling multi-tasking a bastion of judicial excellence in this part of the world. I am certain, that more
PHILJA Academic Affairs Office head and functions.
will be said and written about these – for the moment let us just concern
retired CA Justice Delilah Vidallon-Magtolis,
PHILJA Consultant and retired Supreme Court The PHILJA also conferred on its ourselves about the trees we have planted because as a Chinese sage would say,
Justice Minerva P. Gonzaga-Reyes, and PHILJA employees who have rendered 10 years of “planting trees is an act by which we become immortal.”
Professor and retired CA Justice Oswaldo D. continuous service to the Academy the
Agcaoili. PHILJA Loyalty Award. This year ’s Loyalty
Awardees were Joyce Abancio, Romulo The roots of trees strengthen and protect the soil, and provide shelter
The tree-planting activity was followed by Abancio, Jr., Elizalde Carmona, Lordes Dela when it rains. It’s amazing, but like humans, trees grow where they are planted;
a recognition program for PHILJA personnel Cruz, and Romil Q. De Leon.
like people, they avoid those who would like to cut you down; but like things of
beauty, trees bloom with colors unspeakable in charm and elegance – amazingly,
it is not difficult to plant trees – better still we take care of them as they grow
luxuriantly under the sun with therapeutic properties for those in pain and for
those who will read the wisdom of the ages from the windows of the Academy
they will be refreshed by the trees they see from afar.
For we know only God can make a tree!
PHILJA, like a tree is forever, Immortal! Mabuhay!
Reminiscing PHILJA’s 15th Anniversary
By Arsenia M. Mendoza, PHILJA
It had rained in Tagaytay days before the date for the Philippine Judicial Academy’s
15 th anniversary celebration drew near, but on the morning of Friday, March 11, 2011,
the sky was at its bluest, the clouds their whitest. Blissful sunshine and a refreshing
breeze welcomed 150 PHILJA officials, staff, consultants, guests, including six SC
support staff from the medical services, PIO, and motor pool, when they arrived at the
premises of the newly built PHILJA Training Center (PTC) on hilly Tagaytay.
All immediately gathered around the flagpoles and sang while the flags of the
Philippines, the Supreme Court, and the Academy snapped gently in the wind as they
were raised. Everyone then trooped to the grounds where the tree saplings awaited
planting. It was a heartwarming sight – the officials and staff, including the DENR
guests, bent as they dropped saplings into the freshly dug holes in the earth, then
spread and tapped the soil firmly around the roots. The PTC’s resident gardener could
not help but remark, “How beautiful it would be to see all these plants grow at the same
time.” Many of those present felt they had somehow renewed their bond with the
earth and had heeded nature’s call, in a small way, for the restoration of its resources
on this unpretentious patch of land.
It was only the third consecutive year that PHILJA had celebrated its anniversary
since its establishment 15 years ago. PHILJA’s officials and staff had earlier decided to
hold another memorable celebration made more meaningful through a tree planting
activity at the PTC. Working around the theme Greening the Judiciary, the anniversary
committee set to work, drawing up plans for activities that would include an awarding
ceremony for deserving PHILJA employees and a session on environmental awareness
through a video presentation aimed to elicit commitment to care for our environment.
Chancellor Adolfo S. Azcuna sressed that the day belonged to all PHILJA, “buong
PHILJA,” in observation of “our anniversary, our day” in the beautiful complex “we
can all be proud of.” He thanked the members of the PHILJA Development Center–
Project Implementation Committee (PDC–PIC), co-chaired by working Chairperson
and working Chancellor Emeritus Ameurfina A. Melencio Herrera, for their hard work
in ensuring that the facility would be ready for operations this year.
After a simple lunch shared over peals of laughter and pleasant conversation, the
majority proceeded, upon invitation, to the lovely rustic home of Chancellor Emeritus
Herrera who hosted a sweet merienda for those who came. The group was treated to
an awesome view of the Taal Volcano from Justice Herrera’s wide glass windows or
from the downstairs balcony facing the crater. A plus was the invitation to trek with
the almost 89 year old Lady Justice, down the bush- and tree-lined path winding down
and up the landscaped cliff that separated her home from the border of Taal Lake. And,
surprise, surprise, the game room on the ground floor was transformed into a
memorabilia room of Justice’s life and achievements, with PHILJA mementos covering
half of the walls.
As we boarded the buses that would take us back to Manila, we could not help but
feel proud and thankful for the tangible evidences of the Academy’s never-waning
efforts to sustain the pursuit of excellence in the Judiciary. We imagine their wide
smiles and energized steps as they enjoy the comforts of the state-of-the-art training
facility. We imagine them looking forward to benefiting from the lectures of legal
experts on top of having a wonderful stay that they would long remember.
As for my tree, I would like to see it grow to its full height, crowned with luxuriant
green, its hardy roots pressed to the ground, its boughs raised to the God Unseen, as
if in prayer, for the nurturing rain that would make it live forever. PHILJA. Vice
Chancellor Justo P. Torres, Jr. reflected as he closed the program, saying that “PHILJA,
like a tree, is forever, is immortal.” How nice that Joyce Kilmer ’s words come to mind
at this point telling me that, no matter how I may wax romantic or philosophical,
“poems are made by fools like me, but only God can make a tree.”
8 MARCH 2011 Volume XII • Number 03
Snap Judgments PIO Z
Photos by Doranne I. Lim, Francisco S. Gutierrez, Cesar Tito P. Royeras, and Randy R. Samonte
Captions by Arcie M. Sercado
Chief Justice Renato C. Corona administers the oath to the 2011 board officers and directors of the Ateneo Alumni Association (AAA) during their induction held at the Ateneo de Manila University Professional Schools, Rockwell Campus, Rockwell Drive, Makati City on
March 16, 2011. The new board officers and directors of the AAA are President Tony Veloso, Vice-President Vince Araneta, Corporate Secretary Shar Cua, Treasurer Fritz Ocampo, and Directors Ting Bengzon, Mon Murillo, Vic Lim, Jr., Jun Orubia, Jr., Jun-Jun Capistrano,
Jr., Raul Buan, Joey Pengson, Bob Villaroman, JQ Quesada, Ivan Henares, Joel Caballa and Brian Zialcita. Chief Justice Corona was the President of AAA in 1991.
Chief Justice Renato C. Corona exchanges pleasantries with National Bureau of Investigation (NBI) Director Atty. Magtanggol B. Gatdula during
the flag-raising rites of the NBI held at the NBI Headquarters, Taft Avenue, Manila on March 14, 2011. In his short remarks after the rites, Chief
Justice Corona said that harmonizing the functions of the Supreme Court and the NBI, as major components of the Philippine criminal justice
system, “ensures that only the guilty are prosecuted and punished according to the Constitution and applicable statutes, and that all persons
brought before the law are assured of the zealous protection of their rights and liberties within the framework of the fundamental law of the
land.” He ended his speech by saying that “it is thus both our challenge and our honor to serve our country and fellowmen by pursuing truth
and justice despite the many obstacles that lie ahead.”
Chief Justice Renato C. Corona gets a briefing from Philippine Coast Guard officers aboard the vessel, EDSA II, during an ocular
inspection of the Manila Bay, in connection with the Supreme Court decision requiring various government agencies to rehabilitate
the bay, on March 11, 2011. The Chief Justice was joined by some justices of the High Court and DENR Secretary Ramon J.P. Paje
who committed to submit the comprehensive plan for the complete rehabilitation of the bay on or before the Supreme Court-imposed
deadline of June 30, 2011.
University of Bohol (UB) President Atty. Victoriano B. Tirol, Jr. congratulates Chief Justice Renato C. Corona after the Chief Justice was conferred
with the degree of Doctor of Laws honoris causa at the 140th Commencement Exercises of the university held in Tagbilaran City, Bohol on March
23, 2011. The Chief Justice was conferred the degree for his “legal scholarship, professional integrity, and judicial independence.”
Chief Justice Renato C. Corona spearheads the groundbreaking ceremony of the additional Regional Trial Courts for Sarangani Province at the
Capitol Compound, Alabel, Sarangani Province on March 2, 2011. Joining him in the groundbreaking are (from left) Sarangani Governor Miguel
Dominguez, Sarangani Representative Emmanuel “Manny” D. Pacquiao, and Court Administrator Jose Midas P. Marquez.
Deputy Court Administrator Raul B. Villanueva acts as the moderator during the open forum of the First Judges’ General Assembly, with the
Chief Justice Renato C. Corona and Court Administrator Jose Midas P. Marquez applaud for Centro Escolar University (CEU) School of Law and theme “SAJ IS WORTH FIGHTING FOR!,” held at the Century Seafood Restaurant, Century Park Hotel, Adriatico, Manila on March 18, 2011. The
Jurisprudence Dean Senior Justice Josue N. Bellosillo (middle) during the launching of the latter’s latest book, “Effective Pre-Trial Technique (2011 event was organized by the Philippine Judges Association, Metropolitan and City Judges Association of the Philippines, Philippine Trial Judges
edition),” held at the Student Activity Center, CEU, Gil Puyat Avenue, Makati City on March 31, 2011. In his remarks during the launch, Chief League, Inc., and the Retired Judges Association of the Philippines. These four judges’ associations later on signed a Memorandum of Agreement
Justice Corona said that the publication of the book definitely complements the Court’s efforts towards the speedy resolution of cases, and “serves with the Department of Budget and Management, which provided that the judges will continue to receive their SAJ which will persist to be
as a powerful reminder to lawyers to remain faithful to their duties, to their clients and the court.” separate and distinct from their basic salaries.
NEWLY APPOINTED EMPLOYEE
List provided by the Office of Administrative Services as of March 31, 2011
ANTONIO H. ABAD, JR., Regular Member Representing the Active Law Practitioners, Legal Education Board
NEWLY APPOINTED JUSTICES AND JUDGES
List provided by the Office of the Clerk of Court as of March 31, 2011
COURT OF APPEALS ABRAHAM B. BORRETA, Associate Justice • GABRIEL T. INGLES, Associate Justice • ZENAIDA GALAPATE LAGUILLES, Associate Justice • VICTORIA ISABEL A. PAREDES, Associate • Justice CARMELITA SALANDANAN
MANAHAN, Associate Justice• PAMELA ANN ABELLA MAXINO, Associate Justice • MELCHOR QUIRINO C. SADANG, Associate Justice • RTC EMMANUEL P. PASAL, RTC, Br. 38, Cagayan de Oro, Misamis Oriental • MTCC CARLO MARTIN
R. ALCALA, MTCC, Br. 3, Zamboanga City, Zamboanga del Sur • MCTC ADELYN PONGCOL ALVARADO, 2nd MCTC, Salay-Binuangan, Misamis Oriental CAROLYN CASIÑO DAMASING, 3rd MCTC, Kinoguitan-Sugbungcogon, Misamis Oriental
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