2008 PHILJA Annual Report - Philippine Judicial Academy

Transcription

The Chancellor’s Message
Who We Are
..............................1
....................................4
Organizational Chart
Board of Trustees
Executive Officials
Academic Council
Corps of Professors
Consultants
The PHILJA Family
PHILJA Standing Committees
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Philippine Judicial Academy Executive Committee
Philippine Mediation Center Office Executive Committee
Research Group Committee
ADR Grievance Committee
Projects
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Revision of the Philippine Benchbook for Trial Court Judges
Casebooks on the Various Fields of Law
Creation of a Judicial Education Methodologies Technical Working Group
Proposed Amendments to the Rules on Special Proceedings
Handbook on Marriage
PHILJA Impact Assessment
PHILJA Website Editorial Board
Enhanced Caseflow Management System in Pasay City
Construction of the PHILJA Training Center
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23
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Continuing Programs for Judicial Excellence
Pre-Judicature Program
Orientation Seminar-Workshops for Newly Appointed Judges
Orientation Seminar-Workshops for Newly Appointed Clerks of Court
Regional Judicial Career Enhancement Program
Convention-Seminars
PHILIPPINE JUDICIAL ACADEMY
v
Enhancing Competencies
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Constitutional Law
Seminar on Election Laws for First Level Court Judges and Clerks of Court
Commercial Law
Roundtable Discussion on Anti-Money Laundering for Judges
Signing of the Memorandum of Understanding Between PHILJA
and the Intellectual Property Office and Second Advanced Course
on Intellectual Property Law
International and Human Rights Law
Series of Multi-Sectoral and Skills-Building Seminar-Workshops on Extralegal Killings
and Enforced Disappearances
Court Management
Judge-to-Judge Dialogues on the Power of the Judge:
Taking Control of Court Proceedings
Court Technology
Court Planning Workshop on Case Management Information System
Basic Computer Literacy Program for Lapu-Lapu City First and Second Level Court Judges
and Selected Personnel
Change Management and Leadership Workshop on Enhanced Caseflow Management
System
Computer Skills Training
Computer Skills Training for Court Legal Researchers:
Trainers’ Training (Computer Fundamentals and Productivity Tools)
Shari’a and Islamic Jurisprudence
Orientation Seminar-Workshop on Comparative Analysis Between the Family Code and
the Code of Muslim Personal Laws
Fulfilling our Social Responsibility
. . . . . . . . . . . . . . . . . . . . . . . . . . 44
Special Focus
Access to Justice
Access to Justice for the Poor Project
Seminar-Workshop on Access to Justice and Code of Conduct
for Court Personnel
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ANNUAL REPORT 2008
Launching of Justice on Wheels, Mobile Court-Annexed Mediation,
and Information Dissemination through a Dialogue Among Barangay Officials
Regional Multi-Sectoral Stakeholders Seminar-Workshop on Improving Access
to Justice in Family Courts
Seminar-Workshop on the Rule of Procedure for Small Claims Cases
Environmental Law
Capacity-Building for Judges and Enhancement of Processes Related to the
Adjudication of Environmental Law Cases in the Philippines
Roundtable Discussion on Strategy for Support to Environmental Courts
Seminar-Workshop on Managing Environmental Cases
Seminar-Workshop on Capacity-Building on Environmental Laws and Procedures
for Lawyers of the Department of Environment and Natural Resources
Multi-Sectoral Consultative Workshop on the Manual and Training Design
for Green Courts
Roundtable Discussion of Women Leaders on Biodiversity Conservation
Public and Private International Law
Capacity-Building on Public and Private International Law Issues for the
Philippine Judiciary
Seminar-Workshop on Capacity-Building on Public and Private International Law
Issues for the Philippine Judiciary
Roundtable Discussion on Public and Private International Law with Focus
on International Commercial Arbitration
Agrarian Justice
Sixth Multi-Sectoral Seminar-Workshop on Agrarian Justice for the Province of
Negros Occidental
CEDAW and Gender Sensitivity
Seminar-Workshop on CEDAW, Gender Sensitivity and the Courts
Committee on Decorum and Investigation
Seminar-Workshop for the Members of the Committee on Decorum
and Investigation
vii
Drugs Law
Seminar-Workshop on Dangerous Drugs Law for Marikina City Stakeholders
Child Abuse Cases
Capacity Enhancement Training for Family Court Judges and Court Personnel
in Handling Child Abuse Cases
Anti-Trafficking
Study Program on the Judicial Helpbook on Republic Act No. 9208
(Anti-Trafficking in Persons Act of 2003)
Filipino in Court Proceedings
Seminar-Workshop sa Paggamit ng Filipino sa Hukuman
Security Training
Personal Security Training for Judges
Mediation
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65
Court-Annexed Mediation
Advocacy and Expansion Programs
Orientation Conference with Stakeholders
Recruitment and Screening of Prospective Mediators
Basic Mediation Course
Pre-Internship Orientation
Internships
Continuing Skills Enhancement and Training Programs
Advanced Course for Mediators
Work Orientation and Skills Enhancement Seminar
Special Programs
Program Assessment on Court-Annexed Mediation
Pre-Settlement Period Orientation
Appellate Court Mediation
Judicial Dispute Resolution
Mobile Court-Annexed Mediation
Statistical Report
International Conference on the International Criminal Court
Distinguished Lecture Series of 2008
viii
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ANNUAL REPORT 2008
The Metrobank Foundation Professorial Lecture Series
PHILJA-Sponsored Research and Studies
. . . . . . . . . . . . . . . . 79
. . . . . . . . . . . . . . . . . . . . . . . 80
Marshall Islands Code of Judicial Conduct
Judicial Reform Handbook Project
Inquiry from Palau: Training Programs for Court Personnel
Inquiry from the Philippine Department of Foreign Affairs:
Capacity-Building Programs for Palestine
Sustaining Linkages
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Asia Pacific Judicial Educators Forum
International Organization for Judicial Training
Judicial Educators Network
Commonwealth Judicial Education Institute
National Judicial Institute of Canada
Agreements with Other Judicial Institutions
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85
Seminars Attended by PHILJA Officials and Professors
Foreign Visitors
84
Nomination of PHILJA Professors to International Bodies
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86
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88
Development Partners–In Appreciation
Institutional Administration
. . . . . . . . . . . . . . . 85
Organizational Strengthening
Human Resource Development
Systems Planning
Financial Planning
Institutional Committees
Publications
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93
ix
Library
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Donations
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96
PHILJA Prayer
PHILJA Hymn
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ANNUAL REPORT 2008
Journey Towards Excellence
Of greater significance than the numbers,
however, are the learning imbibed from the
lectures, the skills that were enhanced, the
attitudes that were improved, the moral and
community values – so important in the
effective rendering of public service – that
were imparted, and the skills that were
developed, all for the improvement of judicial
performance.
PHILJA has reason to be proud. Twelve years
since it was established in 1996, we had
conducted a total of 1,021 seminars for
119,382 judicial officers and employees, a
record by any standard. The journey began in
less than a year of its existence, when PHILJA
was able to hold eight seminars in the midst
of birth pangs, the first one for 43 newly
appointed judges. This year alone we held a
total of 188 seminars involving 21,756 judicial
personnel, including 5,875 judges, who
consistently gave us high marks of
profitability.
In January, we hit the ground running with
a series of seminars including the first of
seven
consecutive
computer
training
programs for justices, judges, clerks of court
and other court personnel, being keenly
aware of the advantages of computer literacy
and enhanced computer skills in the effective
delivery of justice. In the first quarter, four
seminar-workshops were held for justices and
court attorneys of the SC, CA and the CTA, and
for commercial court judges of the NCR and
the Visayas, to build further our judges’
capacities on public and private international
law issues.
Continuing to be at the forefront of judicial
education, we held five distinguished lectures
commencing with that on the Spanish Civil
Code by Honorable Francisco Jose Hernando
Santiago, Chief Justice of Spain; followed by
that of retired Judge Taihakurei Durie of the
High Court of New Zealand, on Resolving
Indigenous Land Issues. Ambassador Lauro L.
Baja, Jr., former Philippine Permanent
1
Representative to the United Nations, gave
the third lecture, also well-attended, on the
Philippine Territory. We enabled a greater
number of judges, through video technology,
to listen to the fourth distinguished lecture of
Dr. Jean Marie Henckaerts, Head of the
Committee in International Humanitarian Law
Project of the International Committee of the
Red Cross, on State and Command
Responsibility. The lecture of Judge Fausto
Pocar, former President of the International
Criminal Tribunal for the Former Yugoslavia,
closed the year’s series with his discourse on
Command Responsibility, a fitting addendum
not only to our international seminarworkshops on public and private international
law issues, but more so on those we held to
focus on extralegal killings and enforced
disappearances. All of these lectures spurred
timely and significant discussions on recurring
problematic areas on the human rights
situation in our country, on the important
matter of our sovereignty, and on global
issues relating to land ownership and
distribution.
rights but also, specifically, on the rights of
the people to a safe, healthy and sustainable
environment. We found welcome support
from the United States Agency for
International Development (USAID), The Asia
Foundation (TAF), the Australia Agency for
International Development (AusAID) and the
European Union (EU) for our concerted
endeavors to increase judges’ awareness and
skills aimed towards enhancing their
capabilities to deal with human rights issues.
We were rewarded in our efforts to gather in
a roundtable discussion women leaders who
would inspire others with their own successes
in environmental protection.
We were pleased at the regular conduct of
our core programs, the Regional Judicial
Career Enhancement Program, now on Level
5, and the orientation seminar-workshops for
newly appointed judges and clerks of court.
The 16th Pre-Judicature Program, conducted
in the Visayas was by far the most attended,
with 46 lawyer-aspirants interested in
pursuing a judicial career.
We share the increasing success of CourtAnnexed Mediation in the 20 mediation areas,
with the areas of Lanao del Sur, Lanao del
Norte, and Rizal recently gaining success rates
of 100 percent.
Our faculty and staff
competently handled the Information and
Dissemination component of the Justice on
Wheels (JOW) project of the Court during its
launch in various places nationwide, including
lectures to indigenous peoples on their land
rights. Proofs of the mounting interest in and
positive response to JOW and to Mobile
Court-Annexed Mediation (MCAM) are the
donations of combined mobile courtrooms
and mediation rooms by the City of Manila
and the International Terminal Container
Services, Inc., and by the government of
Sarangani, which have enhanced our
capabilities for MCAM.
We are proud of our involvement with
global concerns not only relating to human
The journey towards excellence has not
always been smooth-sailing, but through
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ANNUAL REPORT 2008
constant review and modification, including
the use of a variety of teaching
methodologies, we have increased and
strengthened our programs. Over and over
we have reaped gratitude, encouragement
and praise for the conduct of our activities,
particularly for the lecturers or resource
persons who have unhesitatingly shared their
knowledge and expertise. We have gained
international recognition by other judicial
institutions
through
the
unique
implementation of our judicial education
programs, our sights being trained always on
achieving judicial excellence. For such efforts,
PHILJA received the Most Valued Partner
Award from the Child Protection UnitNetwork (CPU-Net), one more testimony to
our hard work and dedication, for the
implementation of the Capacity Enhancement
Training (CET) for Family Courts.
We take pride in the commitment and
resolve of our officials, corps of professors,
and staff towards making each and every
program significant and profitable. We thank
the Court En Banc, with Chief Justice Reynato
S. Puno at the helm, for approving, in
September 2008, Revised A.M. No. 01-1-04SC-PHILJA,
Further
Clarifying
and
Strengthening the Organizational Structure
and Administrative Set-up of the Philippine
Judicial Academy. This would allow us greater
flexibility and provide increased capability in
carrying out our mandate. We express
gratitude and satisfaction for our increasing
collaboration
with
both
local
and
international partners who tirelessly share
and support our vision.
Finally, the foundations have been laid for
the PHILJA Training Center and the
construction work is in full swing. Settling
inconspicuously on the hills of Tagaytay, the
building will soon rise to be a landmark for
judicial education, cradle of our unrelenting
work as the Court’s education arm.
With faithful resolve and the unwavering
support of the Court, and with a widening
network of committed development partners,
we continue to offer our best in carrying on a
tradition of judicial excellence, our incessant
work in progress.
Ameurfina A. Melencio Herrera
Chancellor
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Organizational Chart
BOARD OF TRUSTEES 1
Office of the CHANCELLOR 1
CONSULTANTS
Office of the VICE CHANCELLOR 1
Office of the
1
EXECUTIVE SECRETARY
1. ACADEMIC COUNCIL
2. DEPARTMENT CHAIRPERSON
3. CORPS OF PROFESSORS
FACULTY 1
ADMINISTRATIVE
OFFICE 2
FINANCE
OFFICE 2
ACADEMIC
AFFAIRS
OFFICE 1
RESEARCH,
PUBLICATIONS &
1
LINKAGES OFFICE
CORPORATE
PLANNING DIVISION
1
BUDGET
2
DIVISION
JUDICIAL
EDUCATION
1
DIVISION
RESEARCH &
DEVELOPMENT
1
DIVISION
ADMINISTRATIVE
DIVISION 1
ACCOUNTING
2
DIVISION
COURT PERSONNEL
EDUCATION
DIVISION 1
PUBLICATIONS
1
DIVISION
INFORMATION
2
SYSTEMS DIVISION
CASH
2
DIVISION
PROGRAMMING &
MONITORING
1
DIVISION
LINKAGES
1
DIVISION
Legend:
1. As approved in A.M. No. 01-1-04-SC-PHILJA effective
June 15, 2004
2. New Office/Division/Section, as approved in Revised A.M.
No. 01-1-04-SC-PHILJA effective September 23, 2008
3. As approved in A.M. No. 08-2-5-SC-PHILJA dated
February 12, 2008
4
PHILIPPINE
MEDIATION
CENTER 3
MEDIATION
PLANNING &
RESEARCH
3
DIVISION
MEDIATION
3
RESOURCES
MEDIATION
EDUCATION,
TRAINING &
MONITORING
3
DIVISION
ANNUAL REPORT 2008
Board of Trustees
The Board of Trustees (BOT) is the governing board of the Academy tasked to formulate and
approve all policy proposals with regard to the general thrust of the Academy. The PHILJA BOT
is chaired by the Chief Justice, with the Senior Associate Justice as Vice Chair. Its members are
composed of the PHILJA Chancellor, six representatives of the judicial hierarchy, namely, the
Presiding Justices of the Court of Appeals, the Sandiganbayan, and the Court of Tax Appeals;
the Court Administrator, the President of the Philippine Judges Association, the President of the
Philippine Association of Law Schools (PALS), and a Judge of the First Level Court.
CHAIR
VICE CHAIR
Chief Justice Reynato S. Puno
Senior Justice Leonardo A. Quisumbing
MEMBERS
Hon. Ameurfina A. Melencio
Herrera
Hon. Condrado M. Vasquez
Hon. Edilberto G. Sandoval
Hon. Diosdado M. Peralta
Hon. Ernesto D. Acosta
Presiding Justice, Court of Appeals
Acting Presiding Justice, Sandiganbayan
(December 2, 2007 to March 27, 2008)
Presiding Justice, Sandiganbayan
(March 28. 2008 onwards)
Presiding Justice, Court of Tax Appeals
PHILJA Chancellor
Hon. Zenaida N. Elepaño
Hon. Jose P. Perez
Hon. Antonio M. Eugenio, Jr.
Hon. Cecilyn E. Burgos-Villavert
Hon. Perry L. Pe
Court Administrator, Supreme Court
(January 1 to July 9, 2008)
Court Administrator, Supreme Court
(July 10, 2008 onwards)
President, Philippine Judges Association
First Level Court Representative
President
Philippine Association of Law Schools
RESOURCE PERSONS
RECORDER SECRETARY
Hon. Delilah Vidallon Magtolis
Hon. Jose C. Vitug
Consultant, PHILJA
(June 1, 2008 onwards)
Recorder Secretary
Hon. Marina L. Buzon
(June 1, 2008 onwards)
(January to May 30, 2008)
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Executive Officials
The Academy performs its mandate through the leadership, supervision and management of its
three Executive Officials:The Chancellor, Vice Chancellor and Executive Secretary.
Hon. Ameurfina A.
Melencio Herrera
PHILJA Chancellor
Hon. Justo P. Torres, Jr.
PHILJA Vice Chancellor
The PHILJA Chancellor directs and coordinates functions and
activities of the PHILJA Professors, Academic Council, Corps of
Professorial Lecturers and other Offices of the Academy to ensure
successful implementation of PHILJA programs; plans, develops,
and implements, with the approval of the Board of Trustees, a
continuing program of judicial education for justices, judges, court
personnel and lawyers; formulates and recommends to the Board
of Trustees policies for the effective and efficient administration
of the Academy; and represents the Academy in all transactions
and activities. Holding the reins of the Philippine Judicial Academy
is the Honorable Justice Ameurfina A. Melencio Herrera. She was
appointed as PHILJA Chancellor on March 12, 1996, in the same
year that PHILJA was established.
The Vice Chancellor performs the duties and functions of the
Chancellor in the latter’s absence; assists the Chancellor in the
implementation of PHILJA education programs and in the
supervision of activities of the service units of the Academy; and
coordinates with other units or agencies of the Courts and other
government agencies to ensure the attainment of PHILJA’s
educational mission. The Vice Chancellor also heads the
Administrative and Finance Offices. Justice Justo P. Torres, Jr. was
appointed as PHILJA Vice Chancellor on May 9, 2005.
The Executive Secretary serves as the ex
officio Recorder-Secretary of the Board of
Trustees
and
the
Academic
Council;
recommends, plans and develops policy direction
of PHILJA training programs and seminar; directs
the implementation of education and training
programs of the Academy to ensure efficiency
and effectiveness; makes recommendations
Hon. Marina L. Buzon
Hon. Delilah V. Magtolis
based on the reports submitted by focal persons
PHILJA Executive Secretary
PHILJA Executive Secretary
of seminars and training programs; and performs
(June 1, 2008-onwards)
(January 2008-May 30, 2008)
such other duties and functions that may be
assigned by the Chancellor from time to time. Justice Marina L. Buzon, a retired member of the
Court of Appeals, was appointed as PHILJA Executive Secretary on June 1, 2008, succeeding Justice
Delilah V. Magtolis who was appointed to the Academic Affairs Office.
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ANNUAL REPORT 2008
Academic Council
The Academy has 14 Academic Departments, each of which is headed by a Chairperson, with a
Vice Chair and Members, who constitute the Corps of Professors. Department Chairs, all
authorities in the various areas of law and judicial management, form the Academic Council,
which is presided over by the Chancellor.
PRESIDING OFFICER
Justice Ameurfina A. Melencio Herrera
Chancellor
CHAIRPERSONS
Dean Pacifico A. Agabin
Prof. Ruben F. Balane
Justice Alfredo L. Benipayo
Justice Edilberto G. Sandoval
Dean Cesar L. Villanueva
Constitutional Law
Civil Law
Remedial Law
Criminal Law
Commercial Law
Dr. Purification V. Quisumbing
Fr. Ranhilio C. Aquino
Justice Hilarion L. Aquino
CA Jose P. Perez
Prof. Myrna S. Feliciano
International and Human Rights Law
Jurisprudence and Legal Philosophy
Ethics and Judicial Conduct
Court Management
Legal Method and Research
Dean Sedfrey M. Candelaria
Prof. Emmanuel L. Caparas
Justice Jainal D. Rasul
Chair Alfredo F. Tadiar
Special Areas of Concern
Court Technology
Shari’a and Islamic Jurisprudence
Alternative Dispute Resolution
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Corps of Professors
I.
DEPARTMENT HEADS AND MEMBERS
CONSTITUTIONAL LAW
Chair: Dean Pacifico A. Agabin
Vice Chair: Dean Marvic F. Leonen
Members: 1. Fr. Joaquin G. Bernas
2. Dean Raul C. Pangalangan
3. Dean Antonio G.M. La Viña
Chair Emeritus: Justice Hugo E. Gutierrez
CIVIL LAW
Chair: Prof. Ruben F. Balane
Vice Chair:
Members: 1. Justice Delilah V. Magtolis
2. Dean Eduardo de los Angeles
3. Dean Ed Vincent S. Albano
Chair Emeritus: Justice Ricardo C. Puno, Sr.
REMEDIAL LAW
Chair: Justice Alfredo L. Benipayo
Vice Chair: Justice Lucas P. Bersamin
Members: 1. Justice Noel G. Tijam
2. Justice Alexander G. Gesmundo
3. Judge Cristina Cornejo
Chair Emeritus: Justice Oscar M. Herrera, Sr.
CRIMINAL LAW
Chair: Justice Edilberto G. Sandoval
Vice Chair: Justice Rodolfo G. Palattao
Members: 1. Justice Diosdado M. Peralta
2. Justice Efren N. dela Cruz
3. Justice Rodolfo A. Ponferrada
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DESIGNATION
Professor II
Professor II
Professor II
Professor II
Professor II
Professor II
DESIGNATION
Professor II
Professor II
Professor II
Professor II
Professor II
DESIGNATION
Professor II
Professor II
Professor II
Professor II
Professor I
Professor II
DESIGNATION
Professor II
Professor II
Professor II
Professor II
Professor II
ANNUAL REPORT 2008
COMMERCIAL LAW
Chair: Dean Cesar L. Villanueva
Vice Chair: Justice Sixto C. Marella, Jr.
Members: 1. Prof. Jose Claro S. Tesoro
2. Prof. Jose Salvador Y. Mirasol
3. Dr. Cheselden George V. Carmona
Chair Emeritus: Justice Jose C. Vitug
INTERNATIONAL AND HUMAN RIGHTS LAW
Chair: Dr. Purificacion V. Quisumbing
Vice Chair: Prof. Carlos P. Medina, Jr.
Members: 1. Dean Merlin M. Magallona
2. Prof. Amparita S. Sta. Maria
3. Prof. Herminio Harry L. Roque, Jr.
JURISPRUDENCE AND LEGAL PHILOSOPHY
Chair: Fr. Ranhilio C. Aquino
Vice Chair: Prof. Emmanuel Q. Fernando
Members: 1. Dr. Fortunato I. Gupit, Jr.
2. Prof. Pedro P. Perez, Jr.
3. Fr. Luis S. David, S.J.
ETHICS AND JUDICIAL CONDUCT
Chair: Justice Hilarion L. Aquino
Vice Chair: Justice Hector L. Hofileña
Members: 1. Justice Jose L. Sabio, Jr.
2. Justice Edgardo L. Cruz
3. Justice Mariano C. Del Castillo
COURT MANAGEMENT
Chair: CA Jose P. Perez
Vice Chair: ACA Edwin I. Villasor
Members: 1. DCA Reuben Dela Cruz
2. Judge Geraldine Faith A. Econg
3. Judge Lelu P. Contreras
DESIGNATION
Professor II
Professor II
Professor I
Professor I
Professor I
Professor II
DESIGNATION
Professor II
Professor II
Professor II
Professor II
Professor I
DESIGNATION
Professor II
Professor II
Professor II
Professor I
Professor I
DESIGNATION
Professor II
Professor II
Professor II
Professor II
Professor II
DESIGNATION
Professor II
Professor I
Professor II
Professor I
Professor I
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LEGAL METHOD AND RESEARCH
Chair: Prof. Myrna S. Feliciano
Vice Chair: ACA Nimfa C. Vilches
Members: 1. Prof. Eduardo Labitag
2. Prof. Dante B. Gatmaytan
3. Prof. Ma. Theresa G. Libunao
SPECIAL AREAS OF CONCERN
Chair: Assoc. Dean Sedfrey M. Candelaria
Vice Chair: Prof. Melencio S. Sta. Maria, Jr.
Members: 1. Justice Teresita Dy-Liacco Flores
2. Prof. Angela P. Sarile
3. Prof. Thelma L. Mendoza
COURT TECHNOLOGY
Chair: Prof. Emmanuel L. Caparas
Vice Chair: Prof. Francis Ed. Lim
Members: 1. Prof. Jesus M. Disini, Jr.
2. Mr. Philip S. Evangelista
3. Ms. Helen P. Macasaet
SHARI'A AND ISLAMIC JURISPRUDENCE
Chair: Justice Jainal D. Rasul
Vice Chair: Justice Omar U. Amin
Members: 1. Justice Japar B. Dimaampao
2. Justice Hakim S. Abdulwahid
3. Dean Carmen A. Abubakar
ALTERNATIVE DISPUTE RESOLUTION
Chair: Chair Alfredo F. Tadiar
Vice Chair: Dean Eduardo D. De los Angeles
Members: 1. DCA Bernardo T. Ponferrada
2. Dean Eulogia M. Cueva
3. Usec. Linda L. Malenab-Hornilla
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DESIGNATION
Professor II
Professor II
Professor II
Professor II
Professor I
DESIGNATION
Part-time Professor II
Professor II
Professor II
Professor II
Professor II
DESIGNATION
Professor II
Professor II
Professor II
Professor I
Professor I
DESIGNATION
Professor II
Professor II
Professor II
Professor II
Professor II
DESIGNATION
Professor II
Professor II
Full-time Professor II
Professor II
Professor II
ANNUAL REPORT 2008
II.
PROFESSORS WITH ADMINISTRATIVE DUTIES
DESIGNATION
1. Justice Oswaldo D. Agcaoili
Head, PMC
(up to June 30, 2008)
2. DCA Bernardo T. Ponferrada
3. Associate Dean Sedfrey M. Candelaria
4. Prof. Ma. Cristina M. Cabrera
III.
Head, RPLO
Part-time Professor II
Full-time Professor I
(up to July 16, 2008)
PROFESSORIAL LECTURERS
DESIGNATION
1.
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28.
Justice Ruben T. Reyes
Justice Rizalina S. Bonifacio-Vera
Justice Magdangal M. De Leon
Justice Portia A. Hormachuelos
Justice Aurora S. Lagman
Justice Nicolas P. Lapeña, Jr.
Justice Mario V. Lopez
Justice Regalado E. Maambong
Justice Vicente V. Mendoza
Justice Jose C. Reyes, Jr.
Justice Remedios Salazar-Fernando
Justice Josefina G. Salonga
Justice Alicia V. Sempio-Diy
Justice Mariano M. Umali
Justice Martin S. Villarama, Jr.
CA Zenaida N. Elepaño
Ambassador Lilia R. Bautista
ACA Ismael G. Khan
Dean Froilan M. Bacungan
Dean Joe-Santos B. Bisquera
Dean Salvador T. Carlota
Dean Carlos P. Ortega
Dean Willard Riano
Dean Gil Marvel P. Tabucanon
Prof. Dennis Villa-Ignacio
Com. Dominador V. Calamba III
Com. Rene V. Sarmiento
Prof. Danilo L. Concepcion
Professorial Lecturer II
Professor II
Professor II
Professor II
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Prof. Jacinto D. Jimenez
Prof. Katrina Legarda
Prof. Jose Maria A. Ochave
Prof. Elizabeth A. Pangalangan
Prof. Ma. Lourdes A. Sereno
Dr. Bernadette J. Madrid
Judge Divina Luz P. Aquino-Simbulan
Judge Iluminada P. Cabato
Judge Caridad G. Cuerdo
Judge Marivic T. Daray
Judge Reynaldo B. Daway
Judge Ma. Lorna P. Demonteverde
Judge Pepito B. Gellada
Judge Lucia V. Isnani
Judge Caridad Walse-Lutero
Judge Rosalina L. Pison
Judge Ma. Rowena M. San Pedro
Judge Maria Filomena D. Singh
Judge Cesar O. Untalan
Judge Joselito DJ. Vibandor
Fr. Rafael T. Cruz
Prof. Ruby Alvarez
Prof. Vicente S. Aquino
Prof. Timoteo B. Aquino
Prof. Sarah Lou Y. Arriola
Prof. Flordeliza L. Bolante
Prof. Hans Leo J. Cacdac
Prof. Antonio C. Cope
Prof. Ma. Carina M. Cunanan
Prof. Ray C. Espinosa
Prof. Ronaldo R. Gutierrez
Prof. Salvador C. Hizon
Prof. Arturo V. Noblejas
Prof. Andrew Michael S. Ong
Prof. Rena M. Rico
Prof. Ma. Cleofe Gettie Sandoval
Prof. Edwin R. Sandoval
Prof. Gilbert V. Sembrano
Prof. Hector D. Soliman
Prof. Ronald S. Tolentino
Dr. Mariella S. Castillo
Dr. Leticia V. Competente
Dr. Evangeline de la Fuente
Dr. Luis Esteban Latorre
Dr. Elizabeth Protacio-De Castro
Engr. Salvador P. Castro
Judge Eduardo I. Tanguanco
Professorial Lecturer I
ANNUAL REPORT 2008
IV. SPECIAL PROFESSORS
DESIGNATION
1. Chief Justice Reynato S. Puno
2. Senior Associate Justice Leonardo A.
Quisumbing
3. Associate Justice Consuelo Ynares Santiago
4. Associate Justice Antonio T. Carpio
5. Associate Justice Ma. Alicia Austria-Martinez
6. Associate Justice Renato C. Corona
7. Associate Justice Conchita Carpio Morales
8. Associate Justice Adolfo S. Azcuna
9. Associate Justice Dante O. Tinga
10. Associate Justice Minita V. Chico-Nazario
11. Associate Justice Presbitero J. Velasco, Jr.
12. Associate Justice Antonio Eduardo B. Nachura
13. Associate Justice Teresita J.
Leonardo-De Castro
14. Associate Justice Arturo D. Brion
15. Associate Justice Diosdado M. Peralta
Professor II
Professor II
Professor II
Professor II
Professor II
Professor II
Professor II
Professor II
Professor II
Professor II
Professor II
Professor II
Professor II
Professor II
Professor II
Consultants
Engr. Salvador P. Castro, Jr.
Justice Minerva Gonzaga-Reyes
Atty. Orlando B. Cariño
13
14
ANNUAL REPORT 2008
15
Philippine Judicial Academy Executive Committee
The Philippine Judicial Academy Executive Committee (PHILJA ExeCom) is composed of:
Chairperson: Chancellor
Members:
Vice Chancellor; Executive Secretary;
Chiefs of Office for Academic Affairs; Research, Publications and Linkages;
Philippine Mediation Center; Administration and Finance
The PHILJA ExeCom meets weekly to discuss and approve administrative matters. Policy
proposals, on the other hand, are recommended to the PHILJA BOT. The PHILJA ExeCom also
invites Consultants as resource persons, as the need arises. A staff from the Administrative
Division acts as its recorder-secretary.
Philippine Mediation Center Office Executive Committee
(Formerly Alternative Dispute Resolution–Design Management Committee)
Following the approval of the formal organization of the Philippine Mediation Center Office, the
Supreme Court, in its En Banc Resolution dated June 3, 2008, approved the membership of the
Executive Committee of the Philippine Mediation Center Office effective April 15, 2008. The
Executive Committee is composed of the PHILJA Chancellor, Justice Ameurfina A. Melencio
Herrera, as Chairperson; Court Administrator Zenaida N. Elepaño, PHILJA Executive Secretary,
Justice Marina L. Buzon, PHILJA Chief of Office for PMC, DCA (Ret.) Bernardo T. Ponferrada,
Chairperson of the PHILJA-ADR Department, Chair Alfredo F. Tadiar, as ex officio members;
Dean Eduardo D. De los Angeles, Dean Pacifico A. Agabin, Judge Divina Luz P. Aquino Simbulan,
and DOJ Undersecretary Linda L. Malenab-Hornilla, as Regular Members. Under Section 2 of
Administrative Order No. 33-2008 dated February 12, 2008, the powers and functions of the
PMC are vested on the Executive Committee.
Among the significant resolutions approved by the PMCO ExeCom include: recommending
the designation of PMC Resource Persons; recommending the grant of provisional authority to
the trained mediators to conduct mediation of pending cases in the Court of Appeals, Cagayan
de Oro, pending completion of their required internship, as requested by some litigants; and
recommending the participation of all concerned judges in the Settlement Period from
November 3 to December 15, 2008.
16
ANNUAL REPORT 2008
It likewise recommended the accreditation and re-accreditation of the following mediators
in the different PMC units:
PMCO-Resolution Number
Subject
ADR-DMC Resolution No. 01-08,
January 10, 2008
Accreditation of 19 mediators for Tuguegarao and 1
mediator for Batangas, from February 1, 2008 to
January 31, 2010
January 10, 2008
Re-accreditation of 38 mediators for Metro Manila, 9 for
Cebu, and 16 for Davao, from March 1, 2008 to
February 28, 2010
February 22, 2008
Re-accreditation of Mr. Jose Ramiro A. Carpio of Cebu
and Mr. Semuel Mendoza of General Santos, from
March 1, 2008 to February 28, 2010 and December 1,
2007 to November 30, 2009
PMCO-EXECOM Resolution No. 02-2008,
May 20, 2008
Re-accreditation of 28 mediators for the Cities of Davao,
Tagum, Panabo and Digos, from June 1, 2008 to May 31,
2010
May 20, 2008
Accreditation of 26 mediators for Camarines Sur, from
June 1 , 2008 to May 31, 2010
July 15, 2008
Accreditation of 27 mediators for Iligan and Ozamis,
from July 15, 2008 to July 14, 2010
October 21, 2008
Accreditation of 3 mediators for Iligan and Ozamis for
Camarines Sur, from June 1, 2008 to May 30, 2010
October 21, 2008
Accreditation of 2 mediators for Iligan, Lanao del Norte
and Ozamis for Camarines Sur, from November 2, 2008
to November 1, 2010
November 4, 2008
Re-accreditation of 64 Mediators from San Fernando,
La Union, Metro Manila, Cebu, Davao; Cagayan De Oro
City, Misamis Oriental, and Ormoc City, Leyte, from
November 2, 2008 to November 1, 2010
Concurrently as the governing body of the PMC, the PMCO ExeCom is studying the
Guidelines to Implement Mediation in Regional Trial Courts Acting as Appellate Courts in
Appeals from First Level Courts, the Consolidated Guidelines for the Expanded Coverage of
Court-Annexed Mediation and Judicial Dispute Resolution, and is presently revising the
Implementing Rules and Regulations for the PMC.
17
Research Group Committee
In its 86th Meeting held on October 21, 2008, the Research Group (RG) embarked on its First
Paperless Meeting. Armed only with computers and Portable Document Format (PDF) and
Microsoft Word files, the Group set out on its first meeting without any hard copies of
documents on hand. Each member was assigned a computer, and the RG Agenda was flashed
on the screen as guide during the discussion.
The Research Group continues with its paperless meetings in order to do away with rigorous
staff work and the high cost entailed in the reproduction of voluminous documents needed
during “paper meetings.”
ADR Grievance Committee
Pursuant to the “Implementing Rules and Regulations on Mediation in the Trial Courts,” in
Administrative Matter No. 04-3-15-SC, dated March 23, 2004, the ADR Grievance Committee
had investigated and resolved two complaints filed against mediators from Metro Manila for
2008.
The complaints filed against mediators consist of, among others: abusive conduct
unbecoming of a mediator, and commission of serious irregularities in the performance of
duties as mediator.
The six-month term of the ADR Grievance Committee, composed of DOJ Undersecretary
Malenab-Hornilla as Chairperson, and Attys. Juan B. Banez, Jr., Ramon F. Dacanay as Members,
was renewed up to December 31, 2008.
Atty. Polly C. Dy was appointed as member of the ADR Grievance Committee effective July 1,
2008 vice Atty. Juan B. Banez, Jr., who declined his re-appointment due to his migration to the
U.S.
18
ANNUAL REPORT 2008
Revision of the Philippine Benchbook for Trial Court Judges
Presiding Officer:
Project Director:
Members:
Justice Ameurfina A. Melencio Herrera
Justice Diosdado M. Peralta, Justice Lucas P. Bersamin,
Justice Magdangal M. De Leon, Justice Alexander G. Gesmundo,
Justice Hilarion L. Aquino (Ret.),
Court Administrator Zenaida N. Elepaño (Ret.),
Deputy Court Administrator Nimfa Cuesta Vilches, Judge Marivic T. Daray,
Professor Myrna S. Feliciano, Dr. Antonio G.M. La Viña,
Atty. Rita Linda Jimeno
Since the launch of the Philippine Benchbook for Trial Court Judges in 2000, there have been
hundreds of new legislations affecting the courts, as well as amendments to rules of procedure.
The amendments could not have been considered when the Benchbook was written in 2000.
There have also been many landmark cases that were decided by the Supreme Court, thus, the
urgent need for major revisions and updating of the Benchbook.
In 2008, the Committee met twice to discuss preparatory activities. The results of the
consultations with judges and lawyers, through surveys, were reviewed and given to the
members of the Committee for their consideration in writing their subjects. The Committee
has looked into several benchbooks from other jurisdictions and several members have initially
prepared their respective outlines on their assigned subjects.
Teleconference meetings with development partners were held to discuss possible funding
assistance for the revision of the benchbook. The Academy requested the assistance of the
International Development Law Organization (IDLO), through its Representative and Director
for Asia Pacific, Ms. Hongxia Liu, for funding of the project. Since August 2007, PHILJA and IDLO
have been communicating relative to the project. It was raised that once the Benchbook has
been revised, it should be updated every six months or annually.
The Supreme Court, in its Resolution in A.M. No. 08-3-02-SC, dated March 11, 2008,
approved the request of the Academy to regularly update the Benchbook for Trial Court Judges,
and allocate an annual budget of PhP 806,500.00 for its updating.
A comprehensive proposal on the Benchbook Revision Project has also been submitted for
possible funding by development partners.
Despite the uncertainty of funding assistance, the Academy is committed to continue with
the project considering the importance and the clamor for its revision and updating.
19
Casebooks on the Various Fields of Law
In its 105th Meeting held on June 10, 2008, the Academic Council decided to work on the
casebooks through the Curricular Departments, with the Office of the Executive Secretary
monitoring the project. The casebooks are envisioned to be for ready reference of judges. Each
department is free to adopt the needed format; such as updates and trends which could be
doctrinal or with case digests. These could be put together and abridged for easy reference.
The Departments of Civil Law, Commercial Law and Remedial Law have commenced
preparations for their respective outputs.
Creation of a Judicial Education Methodologies
Technical Working Group
Head:
Members:
Justice Marina L. Buzon, Usec. Linda L. Malenab-Hornilla,
Judge Divina Luz P. Aquino-Simbulan
The TWG, envisioned to be part of the Academic Affairs Office (AAO), will provide expertise on
training curricula in relation to the Academic Council as a whole. The TWG will act as liaison
officer for each Department Chair in relation to individual faculty members on the training
activities that pertain to his/her department. It will also act as the technological expert to assist
individual faculty members on particular training assistance needs. The TWG is also envisioned
to be an independent, external auditor that will assess the effectiveness of the methodologies
of lecturers. As suggested by Fr. Ranhilio C. Aquino, its members or consultants should be those
with experience in professional, as well as graduate education, and those who teach
educational technology subjects. The Department of Shari’a and Islamic Jurisprudence was
proposed for pilot testing. The composition of the TWG is under discussion.
The creation of the TWG was one of the proposals made during the Knowledge Exchange
Sharing with the National Judicial Institute held on July 3-4, 2008 at the Renaissance Makati City
Hotel, Makati City. The composition of the sub-committee tasked to study the creation of the
TWG was decided upon in the PMCO Meeting held on July 15, 2008.
Proposed Amendments to the Rules on Special Proceedings
Head:
Members:
20
Justice Lucas P. Bersamin
Justice Noel G. Tijam, Justice Alexander G. Gesmundo,
Justice Hilarion L. Aquino, Justice Omar U. Amin, Justice Oswaldo D. Agcaoili,
Dr. Fortunato Gupit, Jr., Judge Cristina Cornejo
ANNUAL REPORT 2008
Upon the request of the Supreme Court Subcommittee on the Revision of the Rules on Special
Proceedings, headed by Justice Antonio Eduardo B. Nachura, the Sub-Committee submitted a
study on urgently needed changes in the Rules.
The Academy also transmitted Fr. Aquino’s proposed amendments to the Rules, which was
also requested by the Academic Council in its 45th Planning Session on March 26, 2008.
Handbook on Marriage
Head:
Members:
Justice Delilah V. Magtolis, Justice Jainal D. Rasul, Judge Rosalina L. Pison
Per suggestion of Chief Justice Reynato S. Puno at a BOT meeting, it was decided to include
Solemnization of Marriage as a topic in the Orientation Program for Newly Appointed Judges.
The Academic Council, in its 45th Planning Session on March 26, 2008, created a subcommittee
to prepare a handbook on solemnization of marriage to ensure solemnity and uniformity, as
rites are becoming informal. City and municipal mayors will be furnished with copies of the
handbook.
PHILJA Impact Assessment
Co-Chairpersons:
Members:
Consultant:
Chair Alfredo F. Tadiar and Prof. Emmanuel L. Caparas
Justice Marina L. Buzon, Justice Oswaldo D. Agcaoili,
Dean Pacifico A. Agabin, Associate Dean Sedfrey M. Candelaria
Dr. Purificacion V. Quisumbing
In the meeting held on September 3, 2008, the Academic Council approved the proposal to
create a Technical Research Group (TRG) to design the program for impact assessment based
on the experience with the Justice Reform Initiatives Support (JURIS) Project. The terms of
reference will be prepared and posted online, and there will be a call for proposals, instead of
bidding. The TRG will then assess the capability and experience of research groups.
PHILJA Website Editorial Board
Chair:
Members:
Dean Fortunato I. Gupit, Jr.
Justice Delilah V. Magtolis, Justice Alicia V. Sempio-Diy,
Justice Marina L. Buzon, Associate Dean Sedfrey M. Candelaria,
Prof. Emmanuel L. Caparas
In relation to the plan to develop a business model for the Academy’s library of materials to be
posted in the PHILJA website, the Academic Council, in its 46th Planning Session on April 30,
2008, formed a subcommittee to oversee materials that will be shared with the public, define
subscribers and their entitlements, and determine how funds would be treated. The Curricular
21
Departments were requested to provide one or two materials in the form of lectures, video,
and books. Associate Dean Candelaria provided materials on environmental law that would be
useful for judges.
The Academy also agreed to start with a PHILJA series on civil law, commercial law and
remedial law, since the handbooks prepared by the Academy are very authoritative as they are
prepared by experts who belong to the Corps of Professors. The Editorial Board could develop a
peculiar style for the series, which would be produced on-line and also in print.
Enhanced Caseflow Management System in Pasay City
The Enhanced Caseflow Management (eCFM) System was installed in the second quarter of
2007 at the Pasay City Courts where the original Caseflow Management System was pilottested and implemented from 2003 to 2007, with the technical assistance of the Court’s
Management Information Systems Office (MISO). The eCFM software now operates on a more
sophisticated programming language than the original CFM System and has additional features
useful in caseflow management and reporting.
In July 2008, the old server that operates the eCFM software was replaced by a new and
upgraded server by the Court’s Management Information Systems Office. In August 2008, the
Academy, together with MISO, conducted an assessment survey on the use of the eCFM
software to verify its advantage and impact on the court’s work processes. Like the CFM
project, Pasay City judges and court personnel attest that the eCFM system has been effective
and efficient in the management of their case dockets.
22
ANNUAL REPORT 2008
The Year 2008 saw numerous milestones for the PHILJA Training Center in Tagaytay City,
namely, the approval of the Final Contract Drawings, procurement of the Construction
Management and Supervision Consultant, and the procurement of the Works Contractor for
the Project.
Detailed Architectural and Engineering Design
Since the signing of the Detailed Architectural
Engineering Design (DAED) contract on February 8,
2007, the PHILJA Development Center-Project
Implementation Committee (PDC-PIC) continuously
coordinated with TCGI Engineers Inc., the DAED
Consultant for the Project. Upon approval by the PDCPIC of the Final Contract Drawings for the Main and
Lodging Buildings on February 29, 2008, the drawings
were immediately referred to Filipinas Dravo
Corporation, the CMS consultant, for review prior to
its issuance as part of bid documents in the
procurement of the Works Contractor.
While the bulk of the services of TCGI Engineers, Inc.
rests mainly on the preparation of the Final Contract
Drawings, it will continue to provide construction support
services during the construction period until the project is
completed. At this stage, they are expected to provide
immediate response to Requests for Information (RFIs) and
Requests for Approvals (RFAs) referred by the FDC.
Construction Management and Supervision
By way of Negotiated Procurement by the Bids and Awards Committee-Action Program for
Judicial Reform (BAC-APJR), Filipinas Dravo Corporation (FDC) was chosen to provide the
Construction Management and Supervision (CMS) consultancy. The CMS contract was signed on
March 7, 2008, with an invitation sent to the Japanese Embassy to witness said signing.
Upon issuance of the Notice to Proceed to FDC on March 7, 2008, the construction
management team began reviewing the drawings and technical specifications which will form
part of the bid documents to be issued to the bidders for the Works Contractor. The review was
completed on July 11, 2008 and the Final Contract Drawings, as well as technical specifications,
were issued to the bidders for the Works Contractor.
23
Works Contractor
Immediately after the procurement of the CMS
Consultant, the BAC-APJR began working on the
procurement of the Works Contractor. Through
public bidding, the contract for the Works
Contractor was awarded to E.M. Cuerpo, Inc.
(EMCI). The Notice to Proceed was issued to EMCI
on August 21, 2008 during the Pre-Construction
Meeting.
EMCI began actual construction works on
August 22, 2008. At present, the work on the
Lodging Building, Elevated Water Tank and
General Requirements are all ahead of schedule.
However, due to recurrent rains at the site for
two months, a slight delay was encountered in
the foundation works of the Main Building. They
provided a catch-up plan to mitigate the delay.
Based on the plan, the foundation works should
have been completed by January 16, 2009.
At the end of 2008, EMCI has an actual
accomplishment of 11.77 percent as compared to the target accomplishment of 10.95 percent,
which translates to a positive slippage of 0.82 percent.
Expectations
The projected start of construction was in July 2008. Unfortunately, construction had to be
moved to August 22, 2008 due to circumstances beyond the control of the PDC-PIC, i.e., related
to the procurement requirements of Construction Management and Supervision Consultancy
Services and Works Contractor.
The project is expected to be completed by December 21, 2009, within the required 16month construction period.
Aside from continuous monitoring of the project implementation, the PDC-PIC, in
coordination with the Program Management Office (PMO) and the BAC-APJR, is now preparing
for the procurement of Furniture, Fixtures and Equipment (FF&E) for the Main and Lodging
Buildings, as well as the procurement of Works Contractor for the renovation of the Annex
Training Facility, formerly known as the Clubhouse.
24
ANNUAL REPORT 2008
In its 12 years of existence, the Philippine Judicial Academy has conducted 1,042 programs
nationwide that include regular programs, special focus programs, mediation programs and
other related activities in pursuit of its mandate. In addition, the Academy had convened the
Asia Pacific Judicial Educators Forum, a network of judicial education institutions, and has
joined other international judicial education organizations, like the International Organization
of Judicial Training (IOJT), the Judicial Educators Network (JEDNET) and the Commonwealth
Judicial Education Institute (CJEI). Furthermore, PHILJA continues to hold Distinguished Lecture
Series and international conferences.
For Academic Year 2008, the Academy reached a total of 21,756 participants that include
justices, judges, members of the Bar, advocate groups, and court personnel.
Overview of PHILJA Strategic Role in Judicial Education
25
Anchored on its mission to serve the judiciary, the Academy implements programs for
continuing judicial education aimed at developing the judiciary’s workforce in the areas of
judicial independence, judicial efficiency and effectiveness, and judicial integrity. The core
areas of its judicial education programs address the formation of the judicial person, the
acquisition of judicial knowledge, and the cultivation of judicial skills.
This year, the Academy conducted 188 programs and activities broken down as follows:
PRE-JUDICATURE PROGRAM
From the three Pre-Judicature Programs (PJP) targeted for the year, only two were conducted,
one for Luzon (February 18-28, 2008, PDCI, Tagaytay City) and another for the Visayas (August
4-14, 2008, Plaza Maria Luisa Suites Inn, Dumaguete City).
There were 20 participants for the Luzon batch and 46 participants for the Visayas. Worth
noting is that all the PJP participants passed the Written Evaluative Exercise (WEE) given after
each seminar.
In forthcoming PJPs, it will be a great challenge for the Academy to assess and evaluate the
program’s effectiveness and its mandate to provide training for aspirants to judicial positions
who are independent, impartial and exemplars of “excellence in the judiciary.”
26
ANNUAL REPORT 2008
ORIENTATION SEMINAR-WORKSHOP
FOR NEWLY APPOINTED JUDGES
Seated L to R: Deputy Court Administrator Antonio H. Dujua, Atty. Thelma Bahia, Atty. Caridad
A. Pabello, Court Administrator Jose P. Perez, Atty. Lilian Baribal-Co and Atty. James D.
rd
Navarette, with the newly appointed judges. Photo taken during the 53 Orientation Seminar-
The Philippine Judicial Academy’s
regular
Orientation
SeminarWorkshop for Newly Appointed
Judges program has served a vital
role for the new members of the
Bench. Before full assumption of
official duties, the newly appointed
judge must first complete the
program which addresses the
following core areas: The Judicial
Person, Judicial Skills, and Judicial
Knowledge.
Workshop for Newly Appointed Judges held on July 8-17, 2008 at the CSB Hotel, Manila .
For the year 2008, three orientation programs were conducted for 75 newly appointed
members of the Philippine Judiciary:
a.
51st Orientation Seminar-Workshop for Newly Appointed Judges held on
February 5-14, 2008 at the PHILJA Development Center, Tagaytay City, with 29
participants, 17 males and 12 females.
b.
52nd Orientation Seminar-Workshop for Newly Appointed Judges held from April
29 to May 8, 2008 at the PHILJA Development Center, Tagaytay City, with 20
c.
53rd Orientation Seminar-Workshop for Newly Appointed Judges held on July 817, 2008 at the College of Saint Benilde Hotel, Malate, Manila, with 26
Number of Newly Appointed Judge-Participants to the
Orientation Seminar-Workshops by Gender
17
12
13
10
13
10
51st OSW
52nd OSW
53rd OSW
February 5-14
Tagaytay City
April 29–May 8
Tagaytay City
July 8-17
Malate, Manila
The pictograph
illustrates that
except for the
st
51 OSW, both
the succeeding
OSWs have an
even number of
male and
female
participants.
27
The following topics were first introduced in the 2008 orientation programs:
a.
b.
c.
Rules on the Writs of Amparo and Habeas Data;
Reforms in Property Registration and Related Proceedings; and
Solemnization of Marriage
The 53rd Orientation Seminar-Workshop was held in Manila due to the construction of the
PHILJA Training Center in Tagaytay City.
All the orientation seminar-workshops for 2008 were highly successful as each program
garnered an outstanding profitability rating of 100 percent, tallied from the evaluation forms
submitted by the participants.
ORIENTATION SEMINAR-WORKSHOP
FOR NEWLY APPOINTED CLERKS OF COURT
Four Orientation Seminar-Workshops for Newly Appointed Clerks of Court were conducted in
2008.
Date
9th OSW
March 4-7
10th OSW
April 8-11
11th OSW
June 17-20
12th OSW
August 1922
Venue
PDCI, Tagaytay
City
Cebu City
PDCI, Tagaytay
City
Male
Female
Total
21
22
43
8
22
30
13
33
46
Cebu City
6
16
22
Total
48
93
141
A total of 141 newly appointed clerks of court, 4 from the Court of Tax Appeals, 104 from
the regional trial courts and 33 from the first level trial courts, benefited from the orientation
seminar-workshops in 2008.
In 2007, the three-day Orientation Seminar-Workshop for Newly Appointed Clerks of Court
included the following topics: Manual of Clerks of Court; Duties of the Clerk of Court under the
Rules of Court; Code of Conduct for Judicial Personnel; Court-Annexed Mediation; Principles of
Management and Supervision; Preparation of Monthly Reports and Docket Inventory;
Collection of Fees; and Records Management.
28
ANNUAL REPORT 2008
With funding from the European
Commission, access to justice topics
were added to the 2008 curriculum.
Thus, this year’s orientation program
for the clerks of court became a fourday seminar-workshop with the
addition of the following topics on
access to justice: Judiciary’s Challenge
of Promoting Access to Justice, and
Information,
Education
and
Communication (IEC) Guidelines as a
Whole.
A new lecture on the Rule on the
Writ of Habeas Data was also
incorporated in the 2008 curriculum,
being timely and relevant, and in
keeping with the objective of the
program to update the participants
with the most recent laws and
jurisprudence.
Retired Court Administrator Zenaida N. Elepaño (seated third from left) with the newly
th
appointed clerks of court from Visayas and Mindanao. Photo taken during the 10
Orientation Seminar-Workshop for Newly Appointed Clerks of Court held on April 8-11, 2008
at the Montebello Villa Hotel, Banilad, Cebu City.
This
orientation
seminarworkshop is being conducted to
prepare the newly appointed clerks
Court Administrator Jose P. Perez (seated third from left) with the newly appointed clerks of
of court for assumption to office and court from Visayas and Mindanao during the 12 Orientation Seminar-Workshop for Newly
Clerks of Court held on August 19-22, 2008 at Hotel Fortuna, Borromeo St., Cebu
for the efficient and effective Appointed
City.
performance of their administrative
and adjudicative support functions. This program is also being conducted to meet their
professional enhancement needs in substitution for the Mandatory Continuing Legal Education
(MCLE) program from which they are exempted by reason of their participation in PHILJA
seminars.
th
The Orientation Seminar-Workshops for Newly Appointed Clerks of Court received an
outstanding profitability rating of 98.08 percent.
The clerks of court are indispensable to an efficient and effective judiciary. They are
dedicated public servants who constantly adjust to the vicissitudes of daily court life. They
deserve the respect and the support of the judiciary and should be provided with opportunities
to enhance and develop their skills. The Academy recognizes their importance in achieving
judicial excellence and will continue to provide seminars and trainings for their professional
growth and career enhancement.
29
REGIONAL JUDICIAL CAREER ENHANCEMENT PROGRAM
The Philippine Judicial Academy is now on Level 5 of the Regional Judicial Career Enhancement
Program (RJCEP) for Regional Trial Court and First Level Trial Court Judges. The program started
in September 2007 for Regions 5, 10 and 8 conducted in the cities of Legaspi, Cagayan de Oro
and Tacloban, respectively, attended by 399 judges.
The Academic Affairs Office continued with the RJCEP Level 5 in 2008 and conducted a total
of 10 programs for the following regions, attended by 984 judges:
The
pictograph
reflects the
Academy’s
efforts to
provide
judges with
career
enhancement
programs all
over the
country.
Among the topics included in the program were: Emerging Issues and Jurisprudence in
Procedural Law, Criminal and Civil Law, Law on Terrorism or the Human Security Act, Law on
Dual Citizenship, Rules on the Writs of Amparo and Habeas Data, Bench and Bar Relations,
Media Relations and Management, Management of Court Personnel, and the latest issuances
issued by the Supreme Court and the Office of the Court Administrator.
The Academy used the skills-based learning method for Level 5 of the RJCEP in response to
the training needs of judges and court personnel in career enhancement. To achieve active
participation, judges were divided into groups to work on the hypothetical and workshop
problems prepared by the lecturers. The judges were also asked to role-play some practices
commonly committed by court personnel, like dishonesty in the office, inefficient filing
procedures, discourtesy to the public, and conflict among personnel. The discussants then
30
ANNUAL REPORT 2008
critiqued the presentations. The program also served as venue for judges to raise other
administrative issues and concerns.
Based on the evaluation, the program received a 100 percent profitability rating from the
judges.
The Level 5 RJCEP for NCJR judges will continue in the first quarter of 2009.
CONVENTION-SEMINARS
PHILJA continues to carry the torch of learning for the Supreme Court, its mandate being to
maintain the highest level of judicial competence, to inculcate in its members correct judicial
values and attitude, and to spur the evolution of juridical science and court technology. This is
the tradition of excellence that justifies the existence of PHILJA, and that same brand of
excellence has helped the Judiciary to continue being effective, independent and credible.
The Academy achieved its objective this year in terms of imparting legal education through
the management of the academic component of convention-seminars. Figuratively, these
convention-seminars, as all its other activities, were the small but definite steps undertaken by
PHILJA to carry on a tradition of excellence.
Supreme Court Associate Justice Presibitero J. Velasco Jr.
th
gives his Inspirational Message during the 15 National
Convention and Seminar of the Philippine Trial Judges
League, Inc. (PTJLI) held on November 27-29, 2008 at the
Seraph Hotel, Boracay Island, Aklan.
Judge Ma. Filomena D. Singh lectures on the topic Rule of
th
Procedure in Small Claims Cases during the 15 National
Seraph Hotel, Boracay Island, Aklan
Supreme Court Associate Justice Presibitero J. Velasco Jr.
accepts the Plaque of Appreciation presented by the PTJLI
th
President Judge Kaudri L. Jainul during the 15 National
Sandiganbayan Justice Alexander G. Gesmundo lectures on
th
the topic Rule of Summary Procedure during the 15
National Convention and Seminar of the Philippine Trial
Judges League, Inc. (PTJLI) held on November 27-29, 2008 at
the Seraph Hotel, Boracay Island, Aklan.
PTJLI President Judge Kaudri L. Jainul delivers his Opening
th
Remarks during the 15 National Convention and Seminar of
the Philippine Trial Judges League, Inc. (PTJLI) held on
November 27-29, 2008 at the Seraph Hotel, Boracay Island,
Aklan..
Court of Appeals Justice Lucas P. Bersamin lectures on the topic
th
Jurisdiction of First Level Courts in Real Actions during the 15
National Convention and Seminar of the Philippine Trial Judges
31
This year, PHILJA managed the academic components of the following convention-seminars:
Judges
Date
Venue
Total No. of
Participants
Annual Convention-Seminar of the
Philippine Women Judges Association
(PWJA)
Theme: Lady Magistrates: Within and
Beyond the Halls of Justice
March 7-8
Centennial Hall
Manila Hotel
346
10th Convention-Seminar of the
Metropolitan and City Judges Association
of the Philippines (MeTCJAP)
Theme: Strong Judiciary: Facing the
Challenges of Times
September
1-5
Bacolod Pavilion
Hotel, Bacolod City
128
October
15-17
Davao Trade and
Convention Center
Davao City
400
November
27-29
Seraph Hotel
Boracay Island,
Aklan
324
TOTAL
1,198
Convention-Seminar
Mid-Term Convention Seminar of the
Philippine Judges Association (PJA)
Theme: Twenty-Five Years of Unity and
Judicial Excellence
15th National Convention and Seminar of
the Philippine Trial Judges League, Inc.
(PTJLI)
Theme: Judicial Activism Towards
Protecting the Weak while Staying
Faithful to the Rule of Law
Court Personnel
Convention-Seminar
Sixth Convention and Seminar of
the Judiciary Association of Clerks
of the Philippines (JACOPHIL)
Theme: The JACOPHIL: Vanguards
on Strengthening and Maintaining
Judicial Integrity
32
Date
Venue
Total No. of
Participants
April 16-18
Bacolod Pavilion Hotel
Bacolod City
901
ANNUAL REPORT 2008
Convention and Seminar of the
Court Legal Researchers Association
of the Philippines (CLERAP)
Theme: Career and Moral
Enrichment of Legal Researchers as
Indispensable Partners in the
Administration of Justice
April 23-25
Palawan Convention Center
The Legend Palawan
Puerto Princesa City
282
Fifth National Convention and
Seminar of the Court Stenographers
Association of the Philippines
(COSTRAPHIL)
Theme: COSTRAPHIL’s Pride: A
Useful Tool in the Delivery of
Efficient Professional and Dedicated
Service in the Judiciary
May 5-7
Quezon Convention Center
Lucena City
2,034
Fifth National Convention and
Seminar of the Philippine
Association of Court Interpreters
(PHILACI)
Theme: Court Interpreters:
Responding to the Challenges of the
Philippine Judicial System
May 7-9
Bohol Tropics Hotel
Tagbilaran City
451
Sixth Convention and Seminar of
the Philippine Association of Court
Social Workers, Inc. (PACSWI)
Theme: Family Court Social
Workers: Movants for Change
May 14-16
The Baluarte
Vigan, Ilocos Sur
117
Convention and Seminar of the
First-Level Clerks of Court
Association of the Philippines
(FLECCAP)
Theme: Making Excellence in Public
Service a Way of Life
May 28-30
Baguio Convention Center
Baguio City
452
National Convention-Seminar of the
Philippine Association of Court
Employees (PACE)
Theme: Strengthening the PACE to a
Higher Level
December
3-5
Cuneta Astrodome
Pasay City
2,625
TOTAL
6,862
33
CONSTITUTIONAL LAW
Seminar on Election Laws for First Level Court Judges and Clerks of Court
Sixty-nine judges and 63 clerks of court attended
the Seminar on Election Laws for First Level Court
Judges and Clerks of Court held on January 8,
2008 at the CSB Hotel in Manila, organized by
PHILJA in partnership with the USAID and the
International Foundation of Election Systems
(IFES).
This seminar aimed to determine acceptable
and unacceptable pleadings in election cases;
distinguish the spheres of jurisdiction and
competence of the courts and of the Commission on Elections in election cases; relate
provisions of election law and election rules to the disputes frequently referred to the courts
for disposition; and identify techniques for the speedy resolution of election cases.
Ms. Beverly Hagerdon Thakur, IFES Chief of Party,
gave the opening remarks. Court of Appeals Associate
Justice Regalado E. Maambong lectured on Election
Contests (including Quo Warranto Proceedings),
followed by a lecture on Revision and Appreciation of
Ballots by Atty. Daisy Panga Vega, Secretary of the
House of Representatives Electoral Tribunal. Atty. Ma.
Cristina M. Cabrera, PHILJA Professor I, gave the
Orientation and Presentation of Workshop Topics.
Justice Maambong, Atty. Vega and Atty. Rogelio
Benjamin from the Comelec critiqued the Group
Reporting to the Plenary.
At the end of the program, the participants were
able to understand the applicable substantive and
procedural laws relating to elections; develop
techniques in discovering electoral fraud during
revision of ballots; detect paper and printing
securities on the ballot; handle delay maneuvers
during trial; and render proper rulings on objections
and claims to ballots of the parties.
34
ANNUAL REPORT 2008
COMMERCIAL LAW
Roundtable Discussion on Anti-Money Laundering for Judges
With the recent amendment of the Anti-Money Laundering Act (R.A. No. 9160) by R.A. No.
9194, together with the issuance of its Implementing Rules and Regulations, and with the latest
significant ruling of the Supreme Court in the case of Republic of the Philippines v. Hon. Antonio
M. Eugenio, Jr. (G.R. No. 174629, February 14, 2008), the Roundtable Discussion on Anti-Money
Laundering for Judges was held on April 3, 2008 at the Supreme Court Training Center,
attended by 22 commercial court judges and regular court judges with pending AMLA cases.
This roundtable discussion, organized by PHILJA, in partnership with ABA-ROLI, aimed to
engender broader understanding, knowledge and awareness of the important legal
developments in the Anti-Money Laundering Act.
During the program, several issues involving the AMLA and
its implementation were resolved and clarified, such as: the
distinction between covered and suspicious transactions;
prosecution of cases involving reportable, covered and
suspicious transactions; implementation of the Safe Harbor
Provision; extent of powers and functions of the AML Council;
proper issuance and effective implementation of the Asset
Preservation Order (APO); nature of intervention under
Section 35 of the AMLA; extent of jurisdiction of the forfeiture
court, as compared with the insolvency court; extent of the
APO as to what properties are covered; distinction between
mutual legal assistance and extradition; and distinction in the
functions of prosecutors and the AMLC.
The following topics were discussed during the roundtable
discussion: Salient Features of the Anti-Money Laundering Act
of 2001, as amended, by Atty. Vicente S. Aquino, Executive
Director of the Anti-Money Laundering Council; Civil
Forfeiture, by Justice Sixto C. Marella, Vice Chair of PHILJA
Commercial Law Department; Asset Preservation Order and
Freeze Order by Assistant Solicitor General Roman Del
Rosario; Enforcement of Foreign Judgments and Foreign
Arbitral Awards by Dean Cesar L. Villanueva, Chair of PHILJA
Commercial Law Department; and Extradition and Mutual
Legal Assistance by Atty. Marlyn L. Angeles, State Counsel V,
Department of Justice.
Money laundering is a
crime that affects the
nation’s economy. The
Academy is keen on
immediately
recognizing
the need to inform and
update the judges with the
most recent laws and
jurisprudence relating to
the AMLA and to resolve
various related issues. As
PHILJA
ends
another
calendar
year,
the
government can expect the
Academy to hold up the
torch of learning to
illuminate the path of the
judges in the conscientious
fulfillment of their judicial
duties and the protection
of the nation’s interests.
The Roundtable Discussion on Anti-Money Laundering for Judges garnered an outstanding
profitability rate of 94.74 percent.
35
Signing of the Memorandum of Understanding Between PHILJA and the
Intellectual Property Office and Second Advanced Course on Intellectual
Property Law
A Memorandum of Understanding (MOU) between PHILJA and the Intellectual Property Office
of the Philippines was signed on September 10, 2008 at the Supreme Court Justices’ Lounge.
Chancellor Ameurfina A. Melencio-Herrera and Director General Adrian S. Cristobal, Jr. signed
for PHILJA and IPO-Philippines, respectively, with Dean Cesar L. Villanueva and Dr. Celia Aurora
T. Torres-Villanueva as witnesses. The MOU established a three-year program on education
and training for judges and court personnel on intellectual property.
As an opening salvo in the implementation of the MOU, the Second Advanced Course on
Intellectual Property Law for Commercial Court Judges cum Colloquium on Current Issues on
Intellectual Property Law was conducted by PHILJA and IPO-Philippines on November 26-28,
2008 at the Discovery Suites in Pasig City. This activity utilized skills-based methodologies and
experiential learning approaches. The training team, composed of commercial court judges and
IP practitioners, was led by Prof. Andrew Michael S. Ong, as technical consultant, and Dean
Cesar Villanueva, as program director.
Prior to the Second Advanced Course, a focus group discussion was conducted with selected
commercial court judges at the PHILJA Conference Room on July 10, 2007. Faculty development
meetings between the organizers and the training team were also held at the IPO-Philippines in
Makati City. A Pre-Training Meeting for the participants was held on November 14, 2008 at the
Supreme Court’s Training Center.
36
ANNUAL REPORT 2008
INTERNATIONAL AND HUMAN RIGHTS LAW
Series of Multi-Sectoral and Skills-Building Seminar-Workshops
on Extralegal Killings and Enforced Disappearances
The Rules on the Writs of Amparo and Habeas
Data were promulgated by the Supreme Court in
September 2007 and January 2008, respectively,
to arrest the rising threat to our basic rights to
life, liberty, and security. These two writs
complement the existing Writ of Habeas Corpus,
long provided for in Philippine laws, to combat
the stubborn problem of extralegal killings (ELKs)
and enforced disappearances (EDs).
Mr. Matthew Harrison, Second Secretary
(Political) of the Australian Embassy graced the
Opening Ceremonies of the ELK SeminarWorkshop for the Third Judicial Region (Batch 1)
held on February 28-29, 2008 at the Oasis Hotel,
Pampanga.
PHILJA, in partnership with the Commission on
Human Rights, conducted 13 batches of MultiSectoral and Skills-Building Seminar-Workshops on
Extralegal Killings and Enforced Disappearances in
2008 covering Judicial Regions 1-8, with
development partners, such as AusAID, USAID,
TAF and the American Bar Association-Rule of Law
Initiative (ABA-ROLI) assisting the Academy.
The program is designed to address the need of
judges and other stakeholders in the criminal justice
system in identified hotspot areas to properly
address the spate of ELKs and EDs. It aims to
enhance the judges’ knowledge of the constitutional
and international law bases of human rights; peep
into developments on International Humanitarian
Law; and sharpen the judges’ perception of the
problems involved in the investigation and
prosecution of human rights violation.
Chief Justice Reynato S. Puno delivers the
Keynote Address during the ELK SeminarWorkshop for the Second Judicial Region
held on April 3-4, 2008 at the Hotel
Elizabeth, Baguio City.
Participants in the seminar-workshops are
stakeholders in the criminal justice system whose
duties range from prevention, investigation,
prosecution, and adjudication of cases, to law
enforcement. They include regional trial court judges, prosecutors, representatives from the
Public Attorney’s Office, the Commission on Human Rights, the Presidential Committee on
Human Rights, the Deputy Ombudsman for the Military, the Philippine National Police (PNP),
the Armed Forces of the Philippines (AFP), and the Integrated Bar of the Philippines (IBP). The
multi-sectoral approach will help bring about a more synergistic response to the problem, and
37
can more effectively combat the impunity that has
characterized this phenomenon in the country.
DOJ Usec. Linda Malenab Hornilla, CA Justice Remedios
Salazar-Fernando, SC Justice Adolfo S. Azcuna, DOJ Usec.
Ricardo Blancaflor, PNP PSSupt. Lina Sarmiento and AFP Lt.
Col. Jose Feliciano Loy, Jr. expound on the issues of ELKs
and EDs during the Multi-Sectoral Dialogue held on October
30-31, 2008 at the L’Fisher Hotel, Bacolod City, Negros
Occidental.
The whole foundation of the exercise, aside
from judicial education and capacity building, is
the expression of the institutional empathy on the
part of the institutions of the government tasked
to deal with ELKs and EDs. Cooperation and a
multi-sectoral approach between government
agencies and civil society organizations are vital to
ensure sustained efforts to address the
phenomenon of ELKs and EDs. The issues and
recommendations from the seminar-workshops
are forwarded to the respective offices concerned
for consideration and appropriate action.
COURT MANAGEMENT
Judge-to-Judge Dialogues on the Power of the Judge:
Taking Control of Court Proceedings
The Philippine Judicial Academy, the Program Management Office (PMO), and the Office of the
Court Administrator (OCA), in partnership with ABA-ROLI, conducted a series of Judge-to-Judge
Dialogues on the Power of the Judge: Taking Control of Court Proceedings. The third and fourth
of the series were held on January 25, 2008 at the Marco Polo Hotel in Davao City and February
15, 2008 at the Avenue Convention Center in Naga City, respectively. Participants included first
and second level court judges.
The activity is part of a series of high-level exchange of information among justices of the
Supreme Court and Court officials of local and international judiciaries. This knowledge sharing
activity aims to provide the judges with comparative and relevant topics, such as effective
techniques in court which judges may utilize to expedite case proceedings and, consequently,
minimize or eradicate the perennial problem of case delay.
Deputy Court Administrator Nimfa C. Vilches and Court Administrator Zenaida N. Elepaño
gave an overview of court management and its essential components.
Judge Eduardo Israel Tanguanco of RTC, Branch 89, Bacoor, Cavite, shared his experiences in
case management and gave pointers on pre-trial.
Justices Diosdado M. Peralta and Lucas P. Bersamin discussed the topic, Taking Control of
Criminal Case and Civil Case Proceedings.
38
ANNUAL REPORT 2008
COURT TECHNOLOGY
Court Planning Workshop on Case Management Information System
The Philippine Judicial Academy, with funding and administrative support from the Rule of Law
Effectiveness (ROLE) Project, implemented the Planning Workshop on Case Management
Information System (CMIS) for the Supreme Court, Court of Appeals, Sandiganbayan and Court
of Tax Appeals on August 21-22, 2008 at the Court of Appeals Auditorium, Manila.
CMIS is a case management system supported by information technology tools developed
for use in the Supreme Court and in the collegial appellate courts.
This judicial leadership workshop sought to address issues pertaining to the use of CMIS
under the following major headings: technical, process, people and policy concerns. The
discussions also allowed participants to clarify the roles to be performed by each stakeholder of
CMIS.
There were 47 participants, comprising of the Presiding Justices, Associate Justices, clerks of
court, division clerks of court, and MIS personnel of the SC and the appellate courts.
Basic Computer Literacy Program for Lapu-Lapu City First
and Second Level Court Judges and Selected Court Personnel
PHILJA conducted a Basic Computer Literacy Program for Lapu-Lapu City First and Second Level
Court Judges and Selected Court Personnel on January 28 to February 1, 2008 at the Hall of
Justice Training Room, Lapu-Lapu City in Cebu, in partnership with the Management
Information Systems Office (MISO) and PMO.
This program was designed to provide judges with a basic training course on computer
operations, word processing, internet access, and spreadsheet operations, and equip them with
the necessary skills in order to facilitate their understanding of eCFM system that will be
implemented in Lapu-Lapu City.
Change Management and Leadership Workshop
on Enhanced Caseflow Management System
Sixty judges and court personnel from the Lapu-Lapu City courts participated in the Change
Management and Leadership Workshop on Enhanced Caseflow Management System (eCFM)
on April 28-29, 2008 at the Crown Regency Suites Mactan in Cebu. The workshop prepared the
participants to be productive users of eCFM system. Lectures on the principles of caseflow
management were complemented with teambuilding activities, all aimed to inculcate in the
participants “ownership” of the project and the importance of teamwork. A multi-sectoral
39
orientation was also conducted on the following day for 46 legal practitioners, public
prosecutors and public attorneys based in Lapu-Lapu City.
On May 2, 2008, a hands-on training in the newly-constructed Lapu-Lapu City Hall of Justice
was conducted for a smaller group of key users to familiarize them with the features of the
eCFM manual and computerized systems.
Computer Skills Trainings
During the first quarter of 2008, the computer skills trainings conducted by PHILJA were made
possible with the valuable support
of the ROLE Project and the USAID.
Court of Appeals
The Philippine Judicial Academy
conducted six batches of Computer
Skills Training for Court of Appeals
Justices and
Employees on
Computer
Fundamentals
and
Productivity Tools on January 2225, January 29 to February 1,
February 5-8, February 12-15,
February 19-22, and February 2629 at the Gokongwei and Brother
Andrew Gonzales Buildings of the
De La Salle University (DLSU) in
Manila.
The Academy was able to train
294 CA Justices and court personnel
who were identified as potential
users of the CA Court Management
Information System. The faculty
members of DLSU Consulting and
Education Center and the DLSU
College of Computer Studies facilitated the trainings.
The training program was designed to ensure that Justices and court personnel are
equipped with the knowledge and skill to utilize CMIS. The training module included lectures
and exercises on OpenOffice Writer, Calc, Impress applications and the Internet. With a series
of presentations, exercises and workshops, the participants underwent the courses conducted
by a lead instructor in a classroom setting, with the help of PHILJA trainers and facilitators.
40
ANNUAL REPORT 2008
Court of Tax Appeals
Taking into consideration the
introduction and development of
an automated CMIS and the general
direction of the Supreme Court to
use open source programs for the
judiciary, this computer skills
training on the OpenOffice suite of
applications was developed to
expand the knowledge of CMIS
users on software applications,
other than Microsoft programs, and
to encourage them to use CMIS
with ease and confidence.
The Computer Skills Training for
Court of Tax Appeals Personnel
(Fundamentals of the OpenOffice Suite
of Applications: Writer, Calc and
Impress) is the Academy’s response to
the Training Needs Assessment (TNA)
conducted in February 2008 at the
Court of Tax Appeals, where CTA court
personnel who already have a working
knowledge on basic computer
applications and are the potential
users of the CMIS, were identified and
invited to join the computer skills
training.
This year, two computer skills trainings for CTA personnel were conducted on March 6-7 and
March 25-26, 2008, in partnership with the USAID and the ROLE Project. Twenty CTA court
personnel attended the first computer skills training, while 19 attended the second. Both were
held at the SEAMEO Innotech, Quezon City.
The following topics were discussed during the computer skills training: Introduction to
OpenOffice; OpenOffice Writer; OpenOffice Calc; and OpenOffice Impress.
Both activities received profitability ratings of 100 percent from participants.
The introduction and development of an automated CMIS will greatly improve the efficiency
of the CTA in the disposition of its cases. With the implementation of the CMIS, the schedule of
41
court hearings and the number of postponements can be tracked and monitored electronically
by the CTA, thereby enabling the CTA Justices and court personnel to manage their resources
more efficiently.
Computer Skills Training for
Court Legal Researchers:
Trainers’ Training (Computer
Fundamentals and Productivity
Tools)
Legal researchers play a vital role in
the prompt dispensation of justice. By
doing objective, accurate, reliable,
current and comprehensive research
on various laws, jurisprudence and
treatises, legal researchers assist the
judge in arriving at a fair and logical
decision on a case. In this modern age
of technology, legal researchers should
be equipped with the necessary tools,
particularly, the requisite computer
and research skills, to be more efficient
and productive in their work.
MISO Chief of Office Attorney Emmanuel L. Caparas (seated first from
left) and PHILJA Academic Affairs Chief of Office Justice Delilah
Vidallon Magtolis (seated second from left) pose with the legal
researchers from Visayas and Mindanao during the Computer Skills
Training for Court Legal Researchers: Trainers’ Training (Computer
Fundamentals and Productivity Tools) held on November 5-7, 2008 at
the University of Cebu-Banilad, Cebu City.
The Computer Skills Training for Court Legal Researchers: Trainers’ Training was a response
to the clamor of the court legal researchers to have a hands-on computer skills training to help
them in their on-line legal research, drafting and encoding reports.
During the Sixth Convention and Seminar of the Court Legal Researchers Association of the
Philippines held on April 23-25, 2008 at the Palawan Convention Center, a training needs
analysis was conducted to determine the proficiency and experience of the legal researchers in
the use of computers. Out of 198 respondents, 45 percent considered themselves as having
good computer skills, while 41 percent indicated their use of internet for research.
Since there are more than 1,000 legal researchers throughout the country, it would be more
cost-effective to train legal researchers already familiar with computer applications and include
them in the pool of trainers to train their colleagues by region.
This year, two computer skills trainings for court legal researchers were held: one for Luzon
on October 22-24, 2008 at the De La Salle University, Manila and another for Visayas and
Mindanao on November 5-7, 2008 at the University of Cebu, Banilad, Cebu City. Twenty-five
court legal researchers from Luzon and 25 from Visayas and Mindanao participated in the
computer skills trainings.
42
ANNUAL REPORT 2008
The following topics were discussed by the lecturers and resource persons during the
trainings: Introduction to OpenOffice, OpenOffice Writer, OpenOffice Calc, Supreme Court ELibrary, Legal Research and the Internet, Computer Troubleshooting and Minor Repairs, and
Principles of Adult Education.
These trainings garnered profitability ratings of 98 percent.
With the advent of computer technology and the wonders of the internet, legal information
from different parts of the globe is within reach with just a click of a button. Modernizing the
judiciary makes it imperative for the court personnel to be updated with the latest
developments in information technology for the judiciary to stay relevant and responsive to the
needs of the community. In line with this modernization plot, the Academy will continue to
provide trainings and seminars that will equip the court personnel with the necessary tools to
be more productive and efficient in their work, in keeping with the Academy’s goal of attaining
judicial excellence.
SHARI’A AND ISLAMIC JURISPRUDENCE
Orientation Seminar-Workshop on Comparative Analysis Between
the Family Code and the Code of Muslim Personal Laws
This three-day orientation seminar-workshop, attended by 43 participants, 33 males and 10
females, was held on November 11-13, 2008 at the Casa Luisa Restaurant in General Santos
City.
Justice Delilah Vidallon Magtolis updated the participants on the salient provisions of the
Family Code, particularly on psychological incapacity, nullity of marriage, legal separation,
paternity and filiation, support, presumption of death, conjugal property, adoption, civil registry
and the ways of correcting entries therein, either administrative and judicial. Justices Jainal D.
Rasul and Hakim Abdulwahid discussed the provisions of the Code of Muslim Personal Laws.
Justice Rasul emphasized that, contrary to common belief, polygamy is prohibited under the
Muslim Law. However, a married male Muslim can take as his second wife a widow who cannot
support herself and her orphaned children. He also stated that a marriage license is not
required, unlike the Family Code which requires such license. Justice Abdulwahid stated that
under the Family Code, marriage is an institution, while under the Code of Muslim Personal
Laws, marriage is a covenant. Both lecturers also pointed out the similarities in the provisions of
both Codes.
On another note, Justice Rasul identified bigotry or religious conflict as the root of the
problem afflicting areas in Mindanao. To address the problem, he proposed (1) the creation of a
Muslim-Christian Mutual Integration Division in the Department of Education, (2) a law
establishing a Commission on Muslim-Christian Education, and (3) a revised school curricula
and textbooks for primary and high school students based on Muslim-Christian mutual
understanding.
43
SPECIAL FOCUS
ACCESS TO JUSTICE
Access to Justice for the Poor Project
On August 10, 2004, the European Commission (EC) and the Republic of the Philippines,
through the Department of Foreign Affairs (DFA), signed the Project’s Financing Agreement.
The Project involves different government agencies and the Alternative Law Groups, Inc. (ALG),
with the Department of Social Welfare and Development (DSWD) as executing agency.
The Project’s goal is to increase access to justice by the poor and vulnerable groups, i.e.,
poor women and children, by enhancing their ability to pursue justice through increased
knowledge of their basic rights and the justice system, and by strengthening the justice system
to make it more accessible to poor and vulnerable groups. The Supreme Court, as partner
agency, was tasked to implement the training activities under Component 1 of the Project,
which is the (1) institutionalization of the decentralized information, education, and
communication (IEC) function of the judiciary in 17 municipal circuit courts covered by the
Project; and the (2) sensitization training program for municipal judges and court personnel in
the project areas on the barangay justice system and laws affecting women and children.
Last year, PHILJA implemented the training activities of Component 1: three sensitization
trainings in Manila, Davao City, and Iloilo City, and an IEC training in Manila. To address its
sustainability, sessions on the training module were integrated this year in three training
programs: the Convention-Seminar of the First Level Clerks of Court Association of the
Philippines, the Code of Conduct for Court Personnel, and the Orientation for Newly Appointed
Clerks of Court.
On June 30 to July 1, 2008, the Supreme Court conducted the Access to Justice Forum
simultaneously in Manila, Cebu and Cagayan de Oro, gathering 500 participants nationwide
from the basic sectors, academe, national government agencies, non-government
organizations, and the donor community. The Forum generated and consolidated a list of issues
and concerns on access to justice, as well as recommendations for the judiciary, the legislative
and the executive branches of government.
On December 4, 2008, the Supreme Court and the Department of the Interior and Local
Government (DILG) signed a MOA for the Access to Justice Network (AJN). The AJN will be
composed of agencies and stakeholders which will provide information on access to justice
issues, laws and procedures to the public. It will assist the poor and vulnerable persons, women
and children, to obtain justice through legal procedures provided for by law, including the
Katarungang Pambarangay Law. The AJN will be established in all local government units at the
provincial, municipal and barangay levels.
44
ANNUAL REPORT 2008
Seminar-Workshop on Access to Justice and Code of Conduct for Court Personnel
The Access to Justice for the Poor
Project of the European Commission
was conceptualized in 2002 with the
goal of increasing access to justice by
the poor and vulnerable groups,
specifically, the poor women and
children. The partner agencies that
collaborate with the Academy in the
implementation of this project are the
DSWD, DOJ, DILG, and the ALG.
Justice Delilah V. Magtolis delivers the closing remarks during
the Seminar Workshop on Access to Justice and Code of
Conduct for Court Personnel conducted on July 9 and 10, 2008
at the Bethel Guesthouse, Dumaguete City.
In 2008, the Supreme Court,
through its training arm, the Philippine
Judicial Academy, designed a program
on Access to Justice which was
integrated in the Seminar-Workshop
on the Code of Conduct for Court
Personnel, funded by the EC, with a
PHILJA counterpart.
Ten seminars were conducted by PHILJA
in 2008 participated in by 1,363 clerks of
court, stenographers, court interpreters,
sheriffs and other court personnel from
Iloilo, Guimaras, Abra, Benguet, Pampanga,
Zambales, Dumaguete, Negros Oriental and
Albay.
Aside from the Code of Conduct for
Court Personnel, two relevant topics were
discussed by PHILJA lecturers during the
one-day symposium: Sensitization on
Access to Justice, and Understanding the
Information,
Education,
and
Communication Guidelines.
These
modules aimed to enhance the ability of
the poor and vulnerable groups,
particularly, poor women and children, to
pursue
justice
through
increased
knowledge of their basic rights and the
justice system.
Participants from Iloilo and Guimaras during the SeminarWorkshop on Access to Justice and Code of Conduct for Court
Personnel on June 4 and 5, 2008 at Sarabia Manor Hotel, Iloilo
City.
45
DATE
June 4, 2008
June 5, 2008
June 18, 2008
June 19, 2008
July 2, 2008
July 3, 2008
July 9, 2008
July 10, 2008
July 31, 2008
August 1, 2008
TOTAL
CITY/PROVINCE
Iloilo City
Iloilo City
Baguio City
Baguio City
Subic, Zambales
Subic, Zambales
Dumaguete City
Dumaguete City
Legazpi City
Legazpi City
NO. OF PARTICIPANTS
175
209
145
139
127
118
87
127
119
117
1,363
The Access to Justice for the Poor Project was successfully concluded on August 10, 2008,
but the awareness imparted to the training participants remains.
Launching of Justice on Wheels, Mobile Court-Annexed Mediation,
and Information Dissemination through a Dialogue
Among Barangay Officials
As the Court vigorously launched the Justice on Wheels in various places this year, the
Philippine Judicial Academy competently handled the program’s information dissemination
component, through a dialogue of barangay officials with the Chief Justice. The JOW program
also includes mediation, jail decongestion, free legal advice, dental and medical service.
The dialogue of barangay officials with the Chief Justice is aimed at enhancing their
knowledge on Barangay Protection Order (BPO) under R.A. No. 9262, or the Law Against
Violence on Women and their Children, on diversion under R.A. No. 9344, otherwise known as
the Juvenile Justice Law, including the enforcement of compromise agreements before the
barangay in small claims courts, the Indigenous Peoples’ Rights Act, and other environmental
laws. In areas where no Philippine Mediation Center Units are established, the local officials
were introduced to the Court-Annexed Mediation (CAM). Among the distinguished lecturers
invited by PHILJA were Court Administrator Jose P. Perez, Deputy Court Administrator Nimfa C.
Vilches, Deputy Court Administrator (Ret.) and PHILJA Chief of Office for PMC Bernardo T.
Ponferrada, PHILJA Professor II, Court of Appeals Justice Oswaldo D. Agcaoili (Ret.), Judge
Rosalina L. Pison (Ret.), Prof. Amparita Sta. Maria, and Atty. Ronald Tolentino.
The first three dialogues were held in Davao on September 5, 6 and 8, 2008 in the Cities of
Digos, Davao Del Norte; Tagum, Davao Del Sur; and Davao City, Davao; respectively.
46
ANNUAL REPORT 2008
Approximately 300 barangay officials attended the dialogues, which were also graced by local
officials, including Governor Rodolfo R. Del Rosario of Davao Del Norte and Governor Douglas
Cagas of Davao Del Sur. Like other PHILJA activities, workshop sessions followed the lectures to
enable participants to apply what they have learned.
The fourth dialogue was launched in Bacoor City, Cavite on October 4, 2008 attended by 128
barangay officials. Mayor Edwin “Strike” B. Revilla expressed his gratitude for the launch of the
program in his province, while Congressman Joseph Abaya pledged unwavering support for the
project. Governor Ireneo “Ayong” Maliksi encouraged the participants to make history by
surpassing the statistics indexed by the Justice on Wheels program in other provinces.
Deputy Court Administrator Nimfa Cuesta Vilches talks
about Barangay Protection Order under R.A. 9262, Diversion
Under R.A. 9344 and Enforcement of Compromise
Agreement before the Barangay in Small Claims Court, as
part of the Justice on Wheels–Information Dissemination
through a Dialogue Among Barangay Officials of Sarangani
on November 28, 2008 at the Alabel Gymnasium,Sarangani.
Justice Oswaldo D. Agacaoili discusses the Indigenous
Peoples’ Rights Act during the Information Dissemination
Campaign of the Justice on Wheels Project at the Iba Hall of
Justice in Zambales on October 20, 2008.
At its fifth salvo, a record-breaking 1,807
officials from 138 barangays attended the
launch held at the Bulwagan ng Katarungan
and the Tacloban City Astrodome in Leyte on
October 11, 2008. Supreme Court Associate
Justice Consuelo Ynares-Santiago, Chair of
the Committee on Justice on Wheels,
underscored that “the Justice on Wheels
Program is aimed at bringing justice closer to
the poor by providing fast and free
resolution of conflicts through conciliation,
mediation or adjudication.” Both lecturers
on the Barangay Protection Order and
enforcement of small claims and CourtAnnexed Mediation spoke in the local dialect
to effectively discuss their topics. At the
open forum, a punong barangay averred
that “the additional power of diversion
evidently shows the trust and confidence
which the judiciary reposes on the
barangay.”
On October 20, 2008, 242 participants,
mostly indigenous people from different
barangays of Zambales, gathered at the Iba
Hall of Justice for the sixth launching of the
program. Discussions, this time with
speakers delivering their presentations in
Ilocano, focused on the rights of the
indigenous people on ancestral lands,
preservation of these lands, and remedies in
cases of deceit, simulated sale and the like,
as well as women’s rights. Governor Amor
Deloso expressed his appreciation to the
47
Supreme Court and PHILJA for launching the Justice on Wheels program in his province. Three
more dialogues were held in November. On November 8, 2008, Cuneta Astrodome in Pasay City
hosted 893 barangay officials and representatives. Mayor Wenceslao Trinidad commended the
activities running alongside the launch of JOW and MCAM.
The rain did not stop 332 participants, composed of barangay officials from the province of
Aurora and representatives from the farmer and fisherfolk sectors, who converged at the multipurpose hall of the Paaralang Sentral ng Baler on November 18, 2008. Governor Bellaflor
Angara-Castillo lauded the efforts of the Supreme Court, through the Chief Justice, in making
justice accessible to the poor and unlettered. Participants delved on the aspects of agrarian
laws, especially on the principles of indefeasibility of title to land, cadastral registration, rights
and obligations incumbent therewith. Resource persons provided examples of realties
susceptible to private ownership, while giving accent to areas lawfully classified as public
domain. Resource persons also responded to questions on mediation, diversion, enforcement
of compromise agreements before the barangay in small claims court. On November 28, 2008,
366 participants from Sarangani gathered at the Alabel Gymnasium. The local government
donated a bus to the Philippine Judicial Academy, to be used in the Court’s JOW program,
serving as a combined mobile courtroom and mediation room in Sarangani.
The series of dialogues with the Chief Justice culminated in Las Piñas City on December 5,
2008 with 203 barangay representatives. Congresswoman Cynthia A. Villar welcomed the
lecturers and encouraged her constituents to actively participate in the program.
All told, the conduct of the dialogues of barangay officials, fisherfolks, farmers and
indigenous people with the Chief Justice, as part of the Court’s JOW program, were highly
appreciated by the participants. In the words of Chief Justice Reynato S. Puno, “the Justice on
Wheels program gives life to the provision of the Constitution on social justice by providing
justice that is fast, inexpensive, and appropriate in addressing the needs of the poor and
underprivileged.”
Regional Multi-Sectoral Stakeholders Seminar-Workshop
on Improving Access to Justice in Family Courts
The Supreme Court of the Philippines,
through PHILJA, in partnership with the
Committee on Gender Responsiveness in the
Judiciary (CGRJ), Sub-Committee on Training
and Capacity Building, and the Philippine
Judges Association (PJA) conducted the first
of a three-series Regional Seminar-Workshop
on Improving Access to Justice in Family
Courts on October 16, 2008 at the Grand
Men Seng Hotel, Davao City.
48
ANNUAL REPORT 2008
The seminar-workshop was pursuant to
the directive of Chief Justice Reynato S.
Puno to the PJA officers to conduct a multisectoral conference on family courts aimed
at identifying issues concerning family
courts and determining possible solutions.
The seminar-workshop was originally
planned as a one-day national conference
in September 2008. However, due to time
constraints, the Chief Justice determined
that it would be more appropriate and
convenient to defer it to a later date. In lieu thereof, regional conferences for the three main
regions of the country would be conducted. It was also considered that the outputs of the
stakeholders during the three regional conferences would be presented and integrated in the
coming national conference.
The first regional seminar-workshop accommodated the multi-sectoral stakeholders from
Visayas and Mindanao. The next two regional seminar-workshops scheduled in 2009 will then
cover participants from Luzon and the National Capital Region.
Seventy participants, 36 females and 34 males, attended the seminar-workshop including
judges, clerks of court, prosecutors, PAO lawyers, court interpreters, court social workers, PNP
law enforcers, representatives from the Commission on Human Rights (CHR) and civil societies.
Participants remarked that the seminar-workshop was well-organized and all the lectures were
well-researched and highly informative.
Seminar-Workshop on the Rule of Procedure for Small Claims Cases
The Philippine Judicial Academy, in coordination with ABA-ROLI, conducted a one-day SeminarWorkshop on the Rule of Procedure for Small Claims Cases on September 29, 2008, upon the
directive of the Chief Justice, after A.M. No. 08-8-7-SC, or the Rule of Procedure for Small
Claims Cases, was approved by the Supreme Court En Banc on September 9, 2008.
First level court judges from the 22 designated pilot courts for small claims cases and their
pairing courts, together with their branch clerks of courts, were designated participants. Their
executive judges and clerks of court likewise attended, bringing to 110 the total number of
participants.
Judges
Male
24
Female
26
Total
50
Clerks of Court
18
42
60
Total
42
68
110
49
In her opening remarks, PHILJA
Chancellor Justice Ameurfina A. Melencio
Herrera introduced the participants to the
latest mode of settling small claims cases
as provided for in the Rule of Procedure
for Small Claims Cases, utilizing Judicial
Dispute Resolution (JDR).
Judge Ma. Filomena D. Singh lectures on the topic The Rule: The
Procedure and Forms during the Seminar-Workshop on the Rule of
Procedure for Small Claims Cases held on September 29, 2008 at the
Manila Pavilion Hotel, Manila.
Seated L to R: ACA Thelma C. Bahia, Judge Angelene Mary QuimpoSale, Judge Myra G. Fernandez, and PHILJA Chancellor Justice
Ameurfina A. Melencio Herrera.
During the morning session, Judge
Myra Fernandez of RTC, Br. 18, Manila,
discussed the provisions and rationale
behind the rule. She emphasized that a
small claims case can be terminated in one
day. Judge Ma. Filomena D. Singh of RTC,
Br. 85, Quezon City, and Judge Angeline
Mary Quimpo-Sale of RTC, Br. 106, Quezon
City, discussed the forms to be
accomplished in a small claims case.
The lectures of Atty. Andrew Michael S.
Ong, PHILJA Professorial Lecturer; Dr.
Fredrick A. Boholst, Associate Professor of
Psychology at the University of San Carlos;
Cebu, Ms. Gloria Zosa-Seno, Management
and Human Resource Specialist; and Judge
Divina Luz P. Aquino-Simbulan of RTC, Br.
41, San Fernando City, Pampanga delved on
one common theme–Judicial Dispute
Resolution, a method of resolving disputes
through mediation, conciliation or early
neutral evaluation using, for the purpose,
applied psychology.
In the afternoon session, parallel sessions
in mock trial/hypotheticals and critiquing
were held where members of the technical
working group served as discussants and
critics.
Ms. Gloria Zosa-Seno lectures on the topic Communications
Laboratory during the Seminar-Workshop on the Rule of Procedure for
Small Claims Cases held on September 29, 2008 at the Manila Pavilion
Hotel, Manila. Seated are ACA Thelma C. Bahia and Judge Divina Luz P.
Aquino-Simbulan (L-R)
Court Administrator Jose P. Perez delivered the closing remarks followed by the distribution
of certificates of attendance to participants.
The seminar received a very good profitability rating.
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ANNUAL REPORT 2008
ENVIRONMENTAL LAW
Capacity-Building for Judges and Enhancement of Processes Related
to the Adjudication of Environmental Law Cases in the Philippines
From August 15, 2007 to August 15, 2008, PHILJA embarked on a project entitled CapacityBuilding for Judges and Enhancement of Processes Related to the Adjudication of Environmental
Law Cases in the Philippines, in partnership with the Environmental Cooperation-Asia (ECOAsia), with funding support from the USAID. The project had two components: support for the
establishment of green benches, and an enhanced training program for judges of designated
environmental courts and representatives from the Environmental Management Bureau (EMB)
of the Department of Environment and Natural Resources (DENR). A Roundtable Discussion on
Strategy for Support to Environmental Courts was one of the activities conducted in 2008 to
address the project’s first component. To address the program’s second component, a SeminarWorkshop on Managing Environmental Cases was held to pilot-test the enhanced training
program for judges of designated environmental courts.
Roundtable Discussion on Strategy for Support to Environmental Courts
The recent Supreme Court Resolution
in A.M. No. 07-11-12-SC designating
environmental courts, dated November
20, 2007, which approved the
recommendations made by PHILJA for
improving environmental adjudication
in the Philippines, received a broadbased
commendation
from
environmentalists here and abroad.
This was the culmination of the efforts
of the Supreme Court, in partnership
with various environmental law
experts, researchers and practitioners,
including development partners, who
shared their experiences and ideas on current issues on the adjudication of environmental cases. To
sustain the gains received and the momentum generated by the Court’s initiative, a Roundtable
Discussion on Strategy for Support to Environmental Courts was conducted by the Academy on
January 29, 2008 at the Supreme Court Justices’ Lounge, in partnership with the USAID, Asian
Environmental Compliance and Enforcement Network (AECEN), United Nations Development
Programme-Global Environment Facility-Small Grants Programme (UNDP-GEF-SGP) and Haribon
Foundation.
The roundtable discussion aimed to define further steps to undertake after the designation
of environmental courts, and to develop a roadmap for capacity-building for these courts.
Twenty-seven participants attended the roundtable discussion, including representatives from
the SC, PHILJA, OCA, DENR, USAID, AECEN, UNDP-GEF-SGP, ALG, Haribon Foundation, Batas
51
Kalikasan,
Environmental
Legal Assistance CenterPalawan (ELAC), Philippine
Tropical Forest Conservation
Foundation (PTFCF), Tanggol
Kalikasan (TK), and the
Ateneo
School
of
Government (ASOG).
During the culminating
activity, Ms. Angelita B.
Cunanan of UNDP-SGPGEF, Ms. Milag San JoseBallesteros of AECEN and Ms. Anabelle E. Plantilla of Haribon Foundation, on behalf of the
network of NGOs and environment protection development partners, presented Certificates of
Recognition to Chief Justice Reynato S. Puno “for his steadfast advocacy to advance the
constitutional right of every Filipino to a balanced and healthful ecology and to ensure that the
country’s natural heritage and unique biodiversity are protected by designating the Philippines’
first 117 environmental courts,” and to Justice Ameurfina A. Melencio Herrera “for her
steadfast advocacy and commitment to ensure that courts and judges become responsive to
environmental concerns by continuing capacity-building initiatives through her work as
Chancellor of the Philippine Judicial Academy.”
Seminar-Workshop on Managing Environmental Cases
On August 4-6, 2008, PHILJA, in partnership with
the United States Environmental Protection Agency
(US-EPA), USAID and AECEN, conducted the
Seminar-Workshop on Managing Environmental
Cases at the Traders Hotel in Pasay City to provide
the participants with a review of relevant
environmental laws, as well as to equip them with
the appropriate skills in addressing and
adjudicating environmental cases. During the
workshops, participants used a hypothetical
case problem and applied the facilitation
methods adopted from a judicial training
manual developed by the US-EPA.
The activity was participated in by 22
participants,
composed
of
selected
environmental court judges, prosecutors
and a DENR representative.
52
ANNUAL REPORT 2008
Seminar-Workshop on Capacity-Building
on Environmental Laws and Procedures for Lawyers
of the Department of Environment and Natural Resources
At the Roundtable Discussion on
Strategy for Support to Environmental
Courts held in January 2008, DENR
Undersecretary Mary Ann Lucille L.
Sering suggested that PHILJA conduct a
training for DENR lawyers who will be
deputized to further enforce the
mandates
of
the
designated
environmental courts in addressing
environmental issues. This suggestion
was supported by Court of Appeals
Justice Portia Aliño-Hormachuelos.
Thus, on May 19-23, 2008, PHILJA, in partnership with DENR, conducted the SeminarWorkshop on Capacity-Building on Environmental Laws and Procedures for Lawyers of the
Department of Environment and Natural Resources at the Sulo Hotel in Diliman, Quezon City. It
aimed to acquaint DENR field lawyers with substantive and procedural laws, particularly, its
judicial and quasi-judicial aspects, and the rules of procedure on matters relative to the
environment and other administrative laws.
Sixty-one lawyer-participants from DENR central and regional offices and attached line
agencies successfully completed the program, which featured lectures on the updates on
environmental laws and jurisprudence, and workshops on case problem-solving and writing of
resolutions.
Multi-Sectoral Consultative Workshop
on the Manual and Training Design for Green Courts
As environmental courts had already been designated, Chair Alfredo F. Tadiar saw the need to
include a chapter on environmental cases in the Revised Benchbook for Trial Judges. Ateneo
School of Government Dean Antonio G.M. La Viña, as a member of the Committee on the
Revision of the Benchbook, was tasked to lead in drafting the said chapter. A Multi-Sectoral
Consultative Workshop on the Manual and Training Design for Green Courts was then
conducted on July 16-18, 2008 at the Pearl Manila Hotel by PHILJA, in partnership with ASOG,
United States Department of the Interior (US DOI), with support from USAID, AECEN, and
PTFCF.
53
The consultative workshop, participated in by judges and stakeholders in environmental
adjudication, assessed the environmental courts judges’ needs in discharging their functions.
Participants and discussants engaged in workshops dealing on hypothetical or actual
environmental problems and issues. The recommendations will be incorporated in the
proposed chapter in the Benchbook and manual for environmental training program for judges
and concerned agencies.
Thirty-two participants, including Court of Appeals Justices, selected environmental and
single sala court judges, prosecutors, non-governmental organization lawyers, and
representatives from the Office of the Solicitor General (OSG), DENR, EMB, Bureau of
Fisheries and Aquatic Resources (BFAR) and PNP attended the consultative workshop.
Roundtable Discussion of Women Leaders on Biodiversity Conservation
PHILJA, in partnership with USAID
and US DOI, conducted the
Roundtable Discussion of Women
Leaders
on
Biodiversity
Conservation on September 16,
2008 at the Pan Pacific Hotel,
Manila. This event showcased 10
Philippine women leaders who
shared their experiences in policy
implementation, prosecution, and
adjudication of principles and rules
related
to
biodiversity
conservation. The powerhouse
panel of women leaders included Isabela Governor Grace Padaca, Batangas Governor Vilma
Santos Recto, PHILJA Chancellor Justice Ameurfina A. Melencio Herrera, Court of Appeals
Justice Portia Aliño-Hormachuelos, DENR Undersecretary Mary Ann Lucille L. Sering, and
54
ANNUAL REPORT 2008
Ombudsman Merceditas Gutierrez, among others. Each spoke on the valuable lessons they
learned from their experiences and their continuing efforts in saving and protecting our
biological diversity in their respective areas of governance.
Aside from providing a venue for the women leaders to convene and discuss biodiversity
conservation, the roundtable discussion also aimed to document the wealth of experiences to
inspire other leaders to also make a difference in their respective fields; to create an
opportunity for these experiences to be made public and result in the build-up of
constituencies for biodiversity conservation; to heighten advocacy on biodiversity conservation;
to consolidate collaborative efforts of various groups for biodiversity conservation; and to come
up with ideas and agreements to increase collaboration for the growth and development of
efforts for biodiversity conservation.
The roundtable discussion was attended by 38 other participants, including selected
environmental court judges, representatives from government agencies, non-governmental
organizations, and print and broadcast media.
PUBLIC AND PRIVATE INTERNATIONAL LAW
Capacity-Building on Public and Private International Law Issues
for the Philippine Judiciary
The project Capacity-Building on Public and Private International Law Issues for the Philippine
Judiciary was launched in December 2007 by the Academy in partnership with the Ateneo de
Manila Law School Center for International Economic Law, with valuable cooperation and
support from the British Embassy. The project has two main components: a roundtable and
seminar-workshop, and a manual of reference. The roundtable and seminar-workshop
component aims to generate broader understanding and awareness of the contemporary
public and private international law issues to enhance the capacity of justices, judges, and court
55
Her Majesty’s Ambassador, His Excellency Peter Beckingham, turning
over the Manual to Chief Justice Reynato S. Puno and PHILJA
Chancellor Justice Ameurfina A. Melencio Herrera at the Launching of
Capacity Building on Public and Private International Law Issues for
the Philippine Judiciary on December 12, 2007 at the Justices’
Lounge, Supreme Court, Manila.
attorneys to resolve such issues which
have commercial and economic
implications. The manual of reference
component, on the other hand,
endeavors to put together a field guide
for the judiciary and other stakeholders
to equip them with a better
understanding of relevant areas of the
law, including international commercial
arbitration, corporate governance, trade
liberalization and foreign direct
investments,
corporate
social
responsibility,
competition
law,
international environmental law, and
enforcement of foreign judgments.
Seminar-Workshop on Capacity-Building on Public and Private International Law
Issues for the Philippine Judiciary
The Academy conducted four
batches of the SeminarWorkshop on Capacity-Building
on
Public
and
Private
International Law and Issues for
the Philippine Judiciary in the
first and second quarters of
2008.
Thirty-seven SC research
attorneys attended the first
seminar-workshop held on
January 24-25, 2008 at the
Training Center of the Supreme “Workshop/Case Presentation” session of the First Seminar-Workshop on
Court Centennial Building. The Capacity Building on Public and Private International Law Issues for the
second seminar-workshop on Philippine Judiciary (Supreme Court Research Attorneys) held on January 24February 14-15, 2008 at The 25, 2008 at the Training Center, Centennial Building, Supreme Court, Manila.
Pearl
Manila
Hotel
was
attended by 46 Court of Appeals research attorneys. The third seminar-workshop was held on
March 3-4, 2008 at the College of St. Benilde Hotel, Malate, Manila with 35 participants,
composed of Court of Tax Appeals Justices and NCJR and Luzon commercial court judges. The
fourth seminar-workshop on April 21-22, 2008 at the Montebello Villa Hotel, Banilad in Cebu
56
ANNUAL REPORT 2008
City had 20 participants, composed of Court of Appeals Justices of Cebu and Visayas and
Mindanao commercial court judges.
To guide them through the workshops, CD Technologies Asia, Inc. provided the participants
with the software version of the manual of reference, which includes the relevant cases,
documents and reference materials.
Roundtable Discussion on Public and Private International Law
with Focus on International Commercial Arbitration
This half-day activity held on
August 14, 2008 at the Pan
Pacific Hotel, Malate, Manila,
was a culmination of the
Capacity-Building on Public
and Private International Law
Issues for the Philippine
Judiciary
Project.
Perspectives of the different
sectors, namely, the private
law practice and academe,
economic and business,
arbitration, and judiciary
were shared by Dean Cesar L.
Villanueva, His Excellency
Peter Beckingham,
Dean
Ceremonial Turnover of the Manual on Capacity-Building on Public and Private
Eduardo delos Angeles, and
International Law Issues for the Philippine Judiciary held on August 14, 2008 at
Justice Adolfo S. Azcuna,
the Conference Suite, Pan Pacific Hotel in Manila with Prof. Sedfrey M.
respectively.
In
his
Candelaria, Her Majesty’s Ambassador, His Excellency Mr. Peter Beckingham,
presentation, Justice Azcuna
PHILJA Chancellor Justice Ameurfina A. Melencio Herrera and Associate Justice
Adolfo S. Azcuna.
highlighted the Court’s ruling
in the case of Agan, Jr. v.
Philippine International Air Terminals Co., Inc., penned by then Associate Justice Reynato S.
Puno, which significantly “puts the power of the Supreme Court to resolve disputes with
finality, especially those involving constitutional issues, above any provision referring the
parties to a contract to resort to international commercial arbitration.”
After the presentations, a lively and extensive discussion ensued featuring Justices Minita V.
Chico-Nazario, Eduardo Antonio B. Nachura and Teresita J. Leonardo-De Castro, Court of
Appeals Justices, NCJR commercial court judges, and the project’s resource persons. Atty.
Anthony A. Abad facilitated the discussion and was likewise the master of ceremonies.
Concluding the activity was the ceremonial turnover of the final Manual of Reference to the
Supreme Court and the Philippine Judicial Academy by the Ateneo Center for International
57
Economic Law, CD Technologies Asia, Inc., and the British Embassy. Justice Azcuna and PHILJA
Chancellor Justice Ameurfina A. Melencio Herrera accepted on behalf of the Supreme Court and
PHILJA, respectively. The hard copies and the CD version of the Manual were distributed by
PHILJA’s Research, Publications and Linkages Office.
AGRARIAN JUSTICE
Sixth Multi-Sectoral Seminar-Workshop
on Agrarian Justice for the Province of Negros Occidental
Among the many special focus seminars conducted by PHILJA was the Multi-Sectoral SeminarWorkshop on Agrarian Justice on June 3-5, 2008 at The Sugarland Hotel, Bacolod City. This
seminar-workshop was a positive step in the ladder of reform in the field of agrarian justice.
The speakers and the participants voiced out their lingering agrarian concerns and how they
perceived the government’s actions on these matters.
The participants, both from the private and public sectors, people of diverse persuasions
and political leanings, tried to find a suitable middle ground to satisfy the issues presented in
the workshop problems. This situation exhibits a microcosm of a civil society that functions and
works above its biases, prejudices and idiosyncrasies, into getting a consensus on controversial
matters affecting their rights under the law. It is an understatement that PHILJA dreams to
realize this political ideal. Its continuous support of special focus programs such, as Agrarian
Justice, is a step nearer to this dream, all in the process of carrying on a tradition of excellence.
CEDAW AND GENDER SENSITIVITY
Seminar-Workshop on CEDAW, Gender Sensitivity and the Courts
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ANNUAL REPORT 2008
In 2008, PHILJA conducted seven Seminar-Workshops on the Convention on the Elimination of
all Forms of Discrimination Against Women (CEDAW), Gender Sensitivity and the Courts for
Court of Appeals lawyers, Sandiganbayan employees, Court of Tax Appeals Justices and lawyers,
and selected judges and court personnel of the Cities of Baguio, San Fernando, Cebu and
Davao.
The seminar-workshop is part of the Judiciary’s efforts to mainstream gender and
development principles in court policies, programs and structures, through the SC’s Committee
on Gender Responsiveness in the Judiciary, with support from its partners: the Ateneo Human
Rights Center and ABA-ROLI.
The two-day seminar-workshop acquainted the participants with gender-related concepts
and issues on the first day and featured case studies requiring active participation on the
second day.
COMMITTEE ON DECORUM AND INVESTIGATION
Seminar-Workshop for the Members of the Committee
on Decorum and Investigation
The enactment of Republic Act No. 7877, the Anti-Sexual Harassment Act of 1995, and A.M. No.
03-03-13-SC-2004, the Rule on Administrative Procedure in Sexual Harassment Cases and
Guidelines on Proper Work Decorum in the Judiciary, led to the creation of the Committees on
Decorum and Investigation (CODI) in the Supreme Court, appellate courts and lower courts. As
specified in the Rule, the CODIs have jurisdiction over complaints of sexual harassment
committed by specified members of the Judiciary.
PHILJA, in partnership with the Subcommittee on Training and Capacity-Building of the
Committee on Gender Responsiveness in the Judiciary, the PMO, and the Delegation of the
European Commission to the Philippines, conducted five Seminar-Workshops for the Members
of CODI in the National Capital and Southern Tagalog Judicial Regions, Judicial Regions VI, VII,
and in Samar and Leyte.
The two-day seminar-workshops acquainted participants with basic concepts and issues on
sexual harassment, as well as their responsibilities as CODI members, and featured case study
workshops.
59
DRUGS LAW
Seminar-Workshop on Dangerous Drugs Law for Marikina City Stakeholders
The Supreme Court of the Philippines, through PHILJA, and in partnership with the Local
Government of the City of Marikina, conducted the first-ever Seminar-Workshop on Dangerous
Drugs Law for Marikina City Stakeholders on January 9-11, 2008 at the Marikina Hotel in
Marikina City.
The main objective of the seminar-workshop, funded by the Local Government of Marikina,
was to coordinate and integrate the over-all efforts of the criminal justice system, especially in
investigating, prosecuting and trying drug cases. Likewise, the local government emphasized
that this specific seminar-workshop would play an important role in addressing the drug
problem in the city and would also be a perfect opportunity to bring together all concerned
stakeholders for the proper implementation, enforcement and prosecution of drug cases.
The following topics were discussed during the seminar-workshop: classification of
dangerous drugs, treatment and rehabilitation, overview of substantive and procedural law and
jurisprudence relating to R.A. No. 9165, Comprehensive Dangerous Drugs Act of 2002, and R.A.
No. 9344, Juvenile Justice and Welfare Act of 2006, rule on search and seizure, and controlled
delivery and handling, custody and destruction of seized dangerous drugs and controlled
precursors and essential chemicals.
A total of 107 participants, 32 females and 75 males, attended the seminar-workshop,
including judges, clerks of court, prosecutors, PAO lawyers, law enforcers, barangay officials
and representatives from the City Peace and Order Council, Bantay Bayan, Office of the Vice
Mayor, DILG and Commission on Elections (Comelec).
The successful seminar-workshop garnered an outstanding profitability rating of 100
percent from the participants.
CHILD ABUSE CASES
Capacity Enhancement Training for Family Court Judges
and Court Personnel in Handling Child Abuse Cases
PHILJA’s Capacity Enhancement Training (CET) Program is fast becoming a model in training
programs because of its interactive, comprehensive, holistic and skills-based approach. It is
formulated to ensure that the participants fully understand and develop sensitivity towards the
phenomenon of child sexual abuse. It is an intensive three-day, live-in, multi-disciplinary
training designed to improve the competencies of judges and personnel of family courts and
single salas handling child sexual abuse and commercial sexual exploitation cases.
60
ANNUAL REPORT 2008
CET
participants
include
judges,
prosecutors, public attorneys, branch clerks
of court, court social workers and court
interpreters of family courts and single sala
courts. The trainers are members of the
Bench, professionals, experts in law,
medicine and social work who are well
known in their fields.
This year, PHILJA covered 33 percent of
the total number of family courts. Through
the efforts of the Child Protection UnitNetwork (CPU-Net), PHILJA’s Research
Group, and financial support from the
United Nations Children’s Fund (UNICEF),
three batches of training were conducted in
Luzon, Visayas, and Mindanao.
Also, several requests from the lower courts prompted PHILJA, even without financial
support, to conduct another training in October 2008 for Quezon City, Cavite, Marikina, and
Laguna family courts.
Since 2006, the Academy has been conducting CETs for multi-sectoral target groups working
in the family court system. At the heart of the training curriculum are six video modules that
serve as trigger materials to a host of skills-building activities, such as group problem-solving
with plenary reporting, open fora, mock trial with interactive discussion and verdict, and the
production of videos that would correct the errors identified in the video modules.
To date, a total of 38 family courts and four single sala courts in the southern part of the
Philippines have been covered. Next year, the CET will be brought to the northern part of the
country and Metro Manila.
61
ANTI-TRAFFICKING
Study Program on the Judicial Helpbook on Republic Act No. 9208
(Anti-Trafficking in Persons Act of 2003)
PHILJA, in partnership with the USAID through the ROLE, conducted a Study Program on the
Judicial Helpbook on R.A. No. 9208 on July 10-11, 2008 at the Monte Vista Villas, Mimosa Golf
and Country Club in Clark Field, Pampanga, attended by 26 judges, 23 males and 3 females,
handling actual cases of anti-trafficking. The program aimed to gauge the usefulness of the
Helpbook developed by Fr. Ranhilio C. Aquino by identifying the provisions of the law which
often give rise to issues in implementation and providing clarifications to the vague portions of
the law.
Participants emphasized the need to conduct orientation sessions on human trafficking from
the barangay level down to the purok level. They rated the activity with a 100 percent
profitability.
FILIPINO IN COURT PROCEEDINGS
Seminar-Workshop sa Paggamit ng Filipino sa Hukuman
Acting on the proposal of Justice Jose de la Rama, Chair of the Committee on Linguistic
Concerns, the Academic Council of PHILJA created the Subcommittee on the Use of Filipino
Language in Court Proceedings. The Committee was composed of Dean Pacifico A. Agabin, as
Chair, Justices Justo P. Torres, Jr. and Oswaldo D. Agcaoili, Chair Alfredo F. Tadiar, Attys. Jose I.
De La Rama, Jr. and Marlon Manuel, as members, and Judge Cesar Peralejo and Atty. Rosa
Maria T. Juan-Bautista as resource persons.
62
ANNUAL REPORT 2008
After a series of deliberations and
consultations,
the
Committee
recommended to the Academic Council
to conduct the Seminar-Workshop sa
Paggamit ng Filipino sa Hukuman on
October 20-21, 2008 at the Bulacan
State University. The simulated trial
aimed to identify the difficulties
encountered by judges, counsel and
parties in the conduct of trial in Filipino,
to provide a framework in drafting a
curriculum for the training program and,
eventually, implementation of the pilot
project.
Bulacan Trial Court judges, clerks of court, stenographers, prosecutors and lawyers in
private practice attended the workshop. The first day of the seminar paved the way for the
actual simulated trial in Filipino of a criminal case for frustrated homicide and a civil case for
ejectment. Under the extensive guidance of the University of the Philippines Sentro ng Wika
Director Galileo Zafra, the second day was devoted to designing a comprehensive framework
for the curriculum on the use of Filipino in courts.
For their benevolent contribution towards the success of the project, plaques of
appreciation were presented to Justice De La Rama and Judge Peralejo.
As a result of the workshop, the Committee submitted a recommendation with mechanics
and guidelines directing that, in appropriate cases and with the consent of the litigants, the
pilot courts shall use Filipino in the hearing and resolution of motions and in the conduct of pretrial conferences, trials, and rendition of judgments, allowing stenographers thereof to take the
course on Filipino short-hand and language classes on official time, which may be offered by
the Marcelo H. Del Pilar College of Law of the Bulacan State University, and giving the lawyers
the option of writing their pleadings, either in Filipino or in English.
SECURITY TRAINING
Personal Security Training for Judges
The Philippine Judicial Academy and the Supreme Court Committee on Security, in coordination
with the National Bureau of Investigation (NBI), conducted the Personal Security Training for
Judges in Mindanao, Luzon and the Visayas on July 24-26, August 27-29, and December 9-11,
2008, at the Waterfront Hotel in Davao City, Hotel Veniz in Baguio City and Bohol Tropics in
Tagbilaran City, respectively.
63
The regional seminars sought to heighten judges’ awareness on personal security measures
and equip them with knowledge and skills in protecting themselves. This was patterned after a
program held two years ago with session topics occasionally revised to accommodate updates
on security measures. The program oriented the participants on the technical aspects of
firearms, ammunitions, bombs, explosives and gun-handling.
The participants were selected by the OCA from among those judges who have received
death threats and who have been handling highly controversial cases.
The seminar featured vital theories on Document and Communication Security, Casing and
Surveillance, Threat Awareness and Personal Security Measures, Crime Prevention and Basic
First Aid, and Technical Facts Regarding Firearms and Ammunition. The judges were likewise
oriented on the Court’s handgun acquisition program. The third day session had Firearms
Orientation, Marksmanship, and Technical Proficiency Training where judges were debriefed on
proper handling and actual use of different handguns and firearms by Judge Jaime B. Santiago,
Branch 12, Manila Metropolitan Trial Court, and Atty. Edward A. Villarta, NBI-NCR Regional
Director. The program concluded with a discussion of the Draft Security Manual for Judges
proposed by the Task Force on Judiciary Protection.
The training program, regarded by the judge-participants as one of the best seminars
conducted by the Academy, garnered 100 percent profitability rating in all areas. All the judgeparticipants agreed that their expectations were met as it raised their knowledge on security
measures, self-protection and recognition of imminent threats. The judge-participants also
pledged that they will echo their learnings to fellow judges and staff.
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ANNUAL REPORT 2008
The Philippine Mediation Center Office (PMCO) conducted several advocacy fora, orientation
activities and training seminars in 2008, all aimed at expanding the reach of the mediation
programs of the Academy, especially to the underprivileged whose access to justice is limited.
COURT-ANNEXED MEDIATION
ADVOCACY AND EXPANSION PROGRAMS
Programs
Orientation Conference with Stakeholders on CAM
Internships
No. of
Programs
3
2
1
5
6
No. of
Participants
600
60
58
742
154
The advocacy and expansion programs of PMCO consist of the conduct of orientation
conferences, recruitment and screening of prospective mediators, basic mediation course, preinternship orientation and a two-month internship program.
Orientation Conference with Stakeholders
In order to orient the stakeholders
on Court-Annexed Mediation
(CAM) and provide them with the
basic knowledge on the history,
developments and advantages of
mediation in the Philippines, the
PMCO conducted orientation
conferences in areas where PMC
Units are to be established,
attended by trial judges, officers
and members of the local IBP,
NGOs, civic clubs, i.e., Rotary, Lions, etc., religious groups, LGUs, media and other
stakeholders.
65
After the orientation conferences, PMCO recruited and screened prospective mediators
from Pangasinan and Panay Island on July 28-29, 2008 and December 2-5, 2008. As of
December 31, 2008, PMCO has 613 mediators, including 74 newly accredited and 93 reaccredited mediators.
With the aim of producing trial court mediators with the requisite levels of knowledge,
attitude and skills, PMCO conducted a Basic Mediation Course in Pangasinan on
September 9-12, 2008.
To ensure that all the judges, clerks of court and newly trained mediators were fully
prepared for the two-month Internship Period, PMCO conducted Pre-internship
Orientation Programs in Naga City, Camarines Sur, Ozamis City, Misamis Occidental,
Iligan City, Lanao del Norte and Lingayen, Pangasinan.
Internships
In order to apply what they have learned during the basic training and enhance their skills
and techniques on mediation, mediator-trainees from the Provinces of Camarines Sur,
Lanao del Norte, Misamis Occidental and Pangasinan underwent a two-month Internship
Program.
During the internship period, the mediator-trainees from the said areas handled actual
cases for mediation under the supervision of a PMC mentor/coach. The internship programs
were conducted for the judges, court personnel and PMC Unit Staff.
CONTINUING SKILLS ENHANCEMENT AND TRAINING PROGRAMS
No. of
Programs
No. of
Participants
15
860
2
112
Programs
66
ANNUAL REPORT 2008
PMCO conducted the
Advanced Course for
Mediators in 12
different areas. This
program particularly
focused
on
the
enhancement of the
performance
of
mediators in settling
disputes and of their
skills
in
writing
effective compromise
agreements.
As mediators are considered the lifeblood of court-annexed mediation, they need to
be always equipped with the necessary attitudes, skills and techniques in their day-today work considering the heavy caseload of the courts.
PHILJA has always been a
staunch advocate of
alternative judicial
resolution measures in the
country as shown in the
pictograph. Mediators
from all over the country
were gathered in major
cities for a one-day
advanced course to
supplement their skills
67
In line with the Capacity Building of the Unit Staff and its recent restructuring, PMCO
conducted the Work Orientation and Skills Enhancement Seminar aimed at producing a
set of PMC Unit Staff who would be able to effectively perform their responsibilities,
particularly, in the management and operation of their respective units.
The seminar was particularly designed at professionalizing the PMC Units across the
country by equipping all the staff with the necessary skills and attitudes in unit
operations.
SPECIAL PROGRAMS
No. of
Programs
No. of
Participants
7
678
Pre-Settlement Orientation Period
23
2,383
Programs
With the institutionalization
of CAM in 2001 and its
implementation in all judicial
regions,
the
project
encountered many issues
and problems which had to
be addressed. Thus, the
conduct
of
Program
Assessment
on
CourtAnnexed Mediation. The
assessment was conducted
in seven major areas in the
country
with
the
participation of the judges, clerks of court, mediators and PMC Unit Staff. Some top
officials of the Court and PHILJA immediately addressed their pressing issues and
concerns.
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ANNUAL REPORT 2008
Pre-Settlement Period Orientation
In preparing all courts and PMC Units for the Settlement Period, PMCO conducted PreSettlement Period Orientation in 17 different areas of the country, including six areas in
Metro Manila, attended by judges, clerks of court, branch clerks of court and mediators.
The program was conceptualized by the PMCO Executive Committee in order to
emphasize and stress the importance of referring, mediating and amicably settling
pending cases as a means of decongesting court dockets.
APPELLATE COURT MEDIATION
The sustained efforts undertaken by PMCO and the Director of the Appeals Court Mediation to
increase the referral of cases to mediation in Court of Appeals-Manila finally bore fruit during
this year.
On July 16, 2008, Court of Appeals Presiding Justice Conrado M. Vasquez, Jr. issued the
following guidelines to the Court of Appeals Justices, division clerks of court and the Judicial
Records Division:
1. In civil cases for completion of records, the Chief of the Judicial Records Division
shall select at least one mediatable case a month from each Justice to be reported to
the division clerks of court for referral to mediation.
2. In civil cases submitted for decision, the private secretary of each Justice, in
consultation with the latter, shall select at least two mediatable cases a month to be
referred for mediation.
3. In special cases, each division clerk of court shall also select two mediatable cases a
month from each Justice in his/her division for referral to mediation if the petition is
not dismissed outright and after the mediation fees shall have been paid, except in
cases where there is a prayer for a temporary restraining order and/or writ of
preliminary injunction; and
4. The PMC-CA Unit, upon receipt of the notice referring the case for mediation, shall
send to the parties a notice requiring them to initially appear at a specified place,
date and time without the assistance of counsel.
It should be noted that in 2007, only 27 cases were referred for mediation, while the total
number of referral jumped to 163 in 2008 as a result of the guidelines issued by PJ Vasquez.
69
After the successful training of 44 Court of Appeals Mediators in Cebu and Cagayan de Oro
in December 2007, the Academy undertook steps to further operationalize the ACM program in
Cebu and Cagayan de Oro in January 2008. This included preparatory activities for the
establishment of Philippine Mediation Center-Court of Appeals Units in Cebu and Cagayan de
Oro and internship program for the newly trained CA mediators.
JUDICIAL DISPUTE RESOLUTION
The Supreme Court of the Philippines, the Philippine Judicial Academy, the PMC and the Justice
Reform Initiatives Support (JURIS) Project, in partnership with the National Judicial Institute
(NJI) and the Canadian International Development Agency (CIDA), held Advanced Courses for
Mediators and Project Closure Meetings with Stakeholders in Baguio, Pampanga, and Bacolod
on February 26-27, 28-29 and March 4-5, 2008, respectively.
The advanced course aimed to enable the participants to explain and share their
experiences and insights in managing impasse, identifying the zone of potential agreement,
dealing with emotions, including addressing ethical issues in mediation.
The meetings, on the other hand, sought to enable the participants to explain the postproject action plan and implement the strategy of CAM and JDR in JURIS model court sites, as
well as differentiate the respective roles of various parties and stakeholders involved.
A fellowship dinner and hand-over ceremony, attended by all mediators, judges, IBP
representatives and local government officials, followed the program. The event was
highlighted by reports of the PMC’s performance, statistical report and general feedbacks from
judges, mediators and lawyers. A statement of the JURIS Project achievements, as well as a
ceremonial hand-over of the PMC seal from JURIS and acceptance by PHILJA, concluded the
program.
Administrative Circular Nos. 30-2008 and 39-2008, dated March 24 and March 31, 2008,
respectively, issued by Chief Justice Reynato S. Puno, authorized the attendance of selected
first and second level court judges and court personnel at the JDR Meetings for Makati and
Cagayan De Oro on March 25 and April 8, 2008.
The program aimed to enable the judges and court personnel of first and second level trial
courts to explain and apply the amended rules of JDR with the end in view of intensifying the
practice thereof and to document the JDR experience through appropriate statistics and
periodic reporting to PHILJA.
70
ANNUAL REPORT 2008
A Skills-Based Course on Court-Annexed Mediation and Judicial Settlement Conference on
Judicial Dispute Resolution was held on April 2-4, 2008 at the Baguio Country Club Hotel, Baguio
City.
The skills-based training sought to enable the participating judges to develop new skills in
connection with their functions under Rule 18 of the Rules of Court, and more specifically in
JDR, as conciliators, neutral evaluators and mediators. The course likewise included a general
discussion of issues relating to ethics, gender and social context which may arise in JDR. Thirtysix judges from Benguet, La Union, Pampanga, Misamis Oriental, Negros Occidental and Makati
were trained in JDR skills.
On July 2, 2008, the JURIS Project culminated with a Hand-Over Ceremony at the Mandarin
Hotel Ballroom. The event was well-attended by all those who were instrumental in the
inception, implementation and winding-up of the JURIS Project. An audio-visual presentation of
the accomplishments of the JURIS Project was presented. Justice Brian Lennox of the NJI
spearheaded the presentation of tokens and plaques of appreciation from NJI to its partners,
PHILJA Chancellor Justice Ameurfina A. Melencio Herrera and Alternative Law Group (ALG)
Head Atty. Marlon Manuel. Chief Justice Reynato S. Puno delivered the closing remarks.
MOBILE COURT-ANNEXED MEDIATION
As one of the integral highlights of the Launching of Justice on Wheels and Information
Dissemination through a Dialogue Among Barangay Officials with the Chief Justice and Other
Court Officials, the Mobile Court-Annexed Mediation program was introduced in Davao Del Sur,
Davao Del Norte, Davao City, Leyte, Zambales, Pasay, Aurora, Sarangani and Las Piñas. The
program also included jail decongestion, free legal advice, dental and medical services.
In each of the provinces, Chief Justice Reynato S. Puno led the ceremonial ribbon cutting,
together with Associate Justice Consuelo Ynares-Santiago and DCA Nimfa Cuesta Vilches,
members of the Court’s Committee on Justice on Wheels, and local government officials.
Deputy Court Administrator (Ret.) and PHILJA Chief of Office for PMCO Bernardo T. Ponferrada
and Court Administrator Jose P. Perez made brief presentations on Court-Annexed Mediation
as an alternative and effective means of resolving disputes.
The MCAM gained significant results. During its launch in Davao, 28 of 29 cases which were
referred for mediation were settled. In Baler, Aurora, and Sarangani, all 22 cases were settled in
just one day. The feat was equaled in Sarangani when all 45 cases set for mediation were
resolved. Three weeks after its launch in Cavite, all 220 cases referred for mediation were
settled.
71
On September 15, the City Government of Manila and the International Container Terminal
Services, Inc. (ICTSI) donated two container vans for the conduct of trial hearings and mediation
at the Manila City Jail.
Likewise, on November 21, the local government of Sarangani donated a bus to the
Philippine Judicial Academy, to be used in the Court’s Justice on Wheels program, serving as a
combined mobile courtroom and mediation room in Sarangani.
Meanwhile, the MCAM Units in Rizal and Bulacan continued to register record-breaking
marks as they mediated 2,694 cases with 98 percent success rate, and 362 with 85 percent
success rate, respectively.
The MCAM program will be launched next year in Batangas, Nueva Viscaya, Nueva Ecija,
Camarines Norte, Quezon and Legaspi.
STATISTICAL REPORT
Success Rate
Since 2001, PMCO has been monitoring the success rate of Court-Annexed Mediation and other
Alternative Dispute Resolution (ADR) mechanisms of the Court. This serves as the basis of
PMCO in the formulation and implementation of new and relevant policies.
(A)
Referred
Cases in
2008
(B)
Cases
Mediated
in 2008
(C)
Cases
Successfully
Mediated
(D)
Cases
Unsuccessfully
Mediated
(E)
Success Rate
(E = C ÷ B x100%)
62,113
45,420
28,924
16,496
64%
Mobile CourtAnnexed
Mediation
7,408
4,595
4,187
408
91%
Judicial Dispute
Resolution
8,569
5,447
2,010
3,437
37%
Appellate Court
Mediation
161
77
25
52
32%
Court- Annexed
Mediation
72
ANNUAL REPORT 2008
Settlement Period
One of the highlights in 2008 was the conduct of the Settlement Period from November 3 to
December 15, 2008, after the Court approved A.M. No. 08-8-12-SC-PHILJA, dated August 12,
2008, directing all concerned judges in the different PMC units to participate in the Settlement
Period.
A total of 27, 842 cases (26,422 for CAM and 1,420 for JDR) were referred this year for
mediation, the result of the settlement period is shown in the table below:
(A)
Referred
Cases in
2008
(B)
Cases
Mediated
in 2008
(C)
Cases
Successfully
Mediated
(D)
Cases
Unsuccessfully
Mediated
(E)
Success Rate
(E = C ÷ B
x100%)
CourtAnnexed
Mediation
26,422
15,590
10,800
4,790
69%
Judicial
Dispute
Resolution
1,420
1,053
206
847
20%
73
The Academy, in partnership with the Italian Government through the Embassy of Italy in
Manila, conducted the International Conference on the International Criminal Court on
September 25-26, 2008 at the Renaissance Makati City Hotel.
This Conference was designed as a knowledge-sharing activity to tackle the relevance of the
International Criminal Court (ICC) in the context of global, regional and national situations, and
disseminate awareness of its key features; its role in the protection of human rights; its
operations; how it complements with national courts; and its mechanisms for implementation.
Through these shared experiences and perspectives, the Conference hopes to derive insights
for translating ICC principles into legislation and judicial reform to strengthen the criminal
justice system.
The knowledge-sharing activity included representatives of key government and nongovernment institutions and organizations involved in policy decisions and implementation of
foreign relations, human rights, peace and governance.
Legal experts from the ICC, International Criminal Tribunal for the former Yugoslavia (ICTY),
Embassy of Italy in The Hague, and representatives from Japan and Cambodia shared their
experiences and perspectives on the ICC. Representatives of the executive, the legislative, CHR,
military, DOJ, civil society, academe and IBP raised their issues on and challenges to the ICC.
It is hoped that the cooperation generated between the Supreme Court of the Philippines
and the Italian Embassy will go a long way toward raising the level of awareness on the ICC as it
continues to grapple with the challenges addressing international justice.
The Academy recognizes the sensitivity and respect accorded by the ICC resource persons
and experts of the ICC to the issues confronting some countries as to whether to accede or not
to the Rome Statute. The decision to sign and ratify could be politically influenced at the
domestic level.
However, insofar as the Philippines is concerned, it is worth stressing that since it has signed
the Rome Statute, the sentiment exists that it should refrain from any action that will frustrate
the objective of the statute.
74
ANNUAL REPORT 2008
The Academy is confident that the various stakeholders represented in the conference
would have the political will and resolve to disseminate the knowledge shared during the twoday conference.
From L-R (First Row) PHILJA Chancellor Justice Ameurfina A. Melencio Herrera; Chief Justice Reynato S. Puno; Senate President Manuel B. Villar; and
His Excellency Gerard Chesnel, Ambassador Extraordinary and Plenipotentiary, Embassy of France to the Philippines
(Second Row) His Excellency Rubens Anna Fedele, Ambassador Extraordinary and Plenipotentiary, Embassy of Italy in Manila; Prof. Carlos P. Medina,
Jr., Vice Chair, PHILJA Department of International and Human Rights Law; Dr. Purificacion Valera-Quisumbing, Chairperson, PHILJA Department of
International and Human Rights Law; Judge O-gon Kwon, International Criminal Tribunal for the Former Yugoslavia; Judge Silvana Arbia, Registrar,
International Criminal Court; Judge Mauro Politi, Pre-Trial Division, International Criminal Court, Western European And Other Group of States; Judge
Daniel David Ntanda Nsereko, Appeals Division, International Criminal Court, African Group of States; Prof. Herminio Harry L. Roque, Jr., Member,
PHILJA Department of International and Human Rights Law Department and Supreme Court Justice Adolfo S. Azcuna
(Third Row) Senate President Manuel B. Villar; Lieutenant General Ferdinand M. Bocobo, Inspector General, Armed Forces of the Philippines;
Congressman Simeon Datumanong; and Judge Silvana Arbia, Registrar, International Criminal Court.
(Fourth Row) Judge Giancarlo Roberto Bellelli, Juridical Expert, Embassy of Italy in The Hague; Judge Daniel David Ntanda Nsereko, Appeals Division,
International Criminal Court, African Group of States; Fr. Ranhilio C. Aquino, PhD, SJD, Chairperson, PHILJA Department of Jurisprudence and Legal
Philosophy; and Judge Mauro Politi, Pre-Trial Division, International Criminal Court, Western European and Other Group of States.
75
The Distinguished Lecture Series continues to be part of the Supreme Court’s knowledgesharing activities under its judicial reform initiatives. Majority of the topics featured this year
involved transcendental issues which were timely both in the local and international
community. This year’s lecture series featured a panel of reactors whose discourses further
deepened and broadened our understanding of the law. Further, to make the lecture available
to as many people as possible, the Academy, with the assistance of MISO, conducted the
lectures with video-conferencing facility enabling justices, judges and guests from remote sites,
like the cities of Cebu, Davao, Cagayan de Oro and Baguio, to participate in the lectures held in
Manila.
First Distinguished Lecture, Series of 2008
Reform of the Spanish Civil Code: Basis and Content
Chief Justice Francisco Jose Hernando Santiago
Supreme Court of Spain
February 20, 2008, University of the East
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ANNUAL REPORT 2008
Second Distinguished Lecture, Series of 2008
Judicial Administration of Indigenous Cases
Justice Taihakurei Eddie Durie (Ret.), DCNZM
High Court of New Zealand
March 10, 2008, University of Santo Tomas
Third Distinguished Lecture, Series of 2008
The Metes and Bounds of the Philippine Territory
His Excellency Lauro L. Baja, Jr.
Former Philippine Permanent Representative to the United Nations
June 27, 2008, Far Eastern University
77
Fourth Distinguished Lecture, Series of 2008
Customary International Humanitarian Law: Issues on State and Command Responsibility
Dr. Jean-Marie Henckaerts
Head, Customary International Humanitarian Law Project, ICRC
August 13, 2008, Court of Appeals Auditorium
Fifth Distinguished Lecture, Series of 2008
Command Responsibility: From International Criminal Tribunals to National Jurisdictions
Judge Fausto Pocar
Appeal Judge and Former President, International Criminal Court for the Former Yugoslavia
November 27, 2008, Court of Appeals Auditorium
78
ANNUAL REPORT 2008
Prof. Antonio G.M. La Viña, Dean of the Ateneo School of Government and Member of the
Academy’s Constitutional Law Department, is the recipient of the 2008 Metrobank Foundation
Professorial Chair Award in the area of Environmental Law. He presented his study on The Future of
Environmental Law and Governance on October 3, 2008 at the Malcolm Theatre of the U.P. College
of Law.
The purpose of the Professorial Chair is to assist the Academy in developing and enhancing its
judicial education programs by encouraging its Corps of Professors to author and publish treatises
introducing innovative concepts and approaches in designated areas of law, which will promote
competence, excellence and efficiency in the Philippine justice system.
79
MARSHALL ISLANDS CODE OF JUDICIAL CONDUCT
Chief Justice Carl Ingram of the High Court of the Republic of the Marshall Islands requested via
e-mail, on December 6, 2007, the assistance of the Philippine Judicial Academy in the revision
of what is to be the Marshall Islands Code of Judicial Conduct. An Ad Hoc Committee, chaired
by Justice Hilarion L. Aquino (Ret.), with Justice Hector L. Hofileña (Ret.) and Justice Jose L.
Sabio Jr., all of the Court of Appeals, submitted on March 3, 2008 their comments and
suggestions to the Academic Council of PHILJA. The same was forwarded to Chief Justice
Ingram on March 4, 2008.
JUDICIAL REFORM HANDBOOK PROJECT
The Philippine Judicial Academy and the United Nations Development Programme Regional
Centre in Bangkok (UNDP-RCB) entered into an Institutional Contract, commencing on
November 1, 2007 and ending on July 21, 2008, for PHILJA to co-author a chapter in the Judicial
Reform Handbook. This project was funded by the United Nations Democracy Fund.
The Academy nominated as its representative, Court Administrator Zenaida N. Elepaño,
who with Mr. Aria Suyudi of Indonesia, wrote the chapter on Case Management and Delay
Reduction.
The PHILJA Chancellor Justice Ameurfina Melencio Herrera and PHILJA Consultant Fr.
Ranhilio C. Aquino reviewed the chapter on Judicial Training and Skills Development for Judges
and Court Staff, written by Judge Ananda Bhattarai of Nepal and Mr. Ly Tayseng of Cambodia.
PHILJA has already submitted its inputs to the UNDP-RCB and is awaiting the finalization of
the handbook.
INQUIRY FROM PALAU:
TRAINING PROGRAMS FOR COURT PERSONNEL
In a July 18, 2008 e-mail message from the Palau Judiciary, PHILJA was requested to provide
them a list of training programs for court personnel. The Academy, in its reply, enumerated the
programs where the Palau Judiciary may participate. We still await their response, although we
had frankly informed them that we have no resources to fund their attendance.
80
ANNUAL REPORT 2008
INQUIRY FROM THE PHILIPPINE DEPARTMENT OF FOREIGN
AFFAIRS: CAPACITY-BUILDING PROGRAMS FOR PALESTINE
On June 27, 2008, the Academy received a very urgent communication from the Department of
Foreign Affairs requesting our inputs and comments on the possible commitment to support
the New Asian-African Strategic Partnership on Capacity-Building for Palestine (NAASP).
PHILJA expressed its willingness to accommodate Palestinian delegates to participate in its
programs but, again, because of its very limited budget, it cannot defray the costs for airfares,
meals, accommodation and other expenses.
ASIA PACIFIC JUDICIAL EDUCATORS FORUM
The Asia Pacific Judicial Educators Forum (APJEF) was formed when its Charter was adopted in a
meeting assembled by the delegates of the Australasian Judicial Educators Forum on February
13, 2003 in Makati City, Philippines. Article I, Section 3 of the Charter provides that “the
principal purpose of the Forum is to provide judicial educators and institutions in the Asia
Pacific region the opportunity to exchange information and resources to improve the quality of
judicial education in the region.”
At the same meeting, the PHILJA Chancellor was elected as Chairperson of the Executive
Committee. PHILJA also serves as the Forum’s Secretariat, assisting the incumbent Secretary
General, Fr. Ranhilio C. Aquino, Chairperson of the PHILJA Department of Jurisprudence and
Legal Philosophy.
In 2008, APJEF welcomed its newest member, the Australian Institute of Judicial
Administration (AIJA). Based in Melbourne, Victoria, Australia, AIJA is a research and
educational institute associated with Monash University. The Institute has approximately 1,000
members, including judges, magistrates, tribunal members, court administrators, members of
the practicing legal profession and academic lawyers, court librarians, and others with an
interest in judicial administration. It has widely published matters of judicial administration and
associated subjects and runs a number of regular activities in the area of judicial education and
specialized areas.
81
Third APJEF Newsletter
This was published with the Judicial Commission of New South Wales as partner, under
the leadership of Mr. Ernest Schmatt, its Executive Director. Featured in the
newsletter, among other matters, were Australia’s and the Philippines’ participation in
the IOJT Conference held on October 21-25, 2007 in Barcelona, Spain.
INTERNATIONAL ORGANIZATION FOR JUDICIAL TRAINING
The International Organization for Judicial Training (IOJT) was formed in Jerusalem, Israel in
March 2002. It is an international organization of academies specializing in judicial education
and training, whose primary objective is to globalize judicial education.
The Philippines was honored with the election of the PHILJA Chancellor to the position of
Deputy President for Asia and the Pacific. It is a member of the founding body of the IOJT, with
voting powers in the General Assembly.
The PHILJA Chancellor submitted a report of activities implemented by the Academy from
April to October 2008. The Fourth IOJT Conference will be held on October 26-30, 2009 in
Sydney, Australia. As Deputy President for Asia and the Pacific, the Chancellor has sent notices
to APJEF members regarding the conference.
JUDICIAL EDUCATORS NETWORK
The Judicial Educators Network (JEDNET) is a network of judicial educators formed under
the leadership of Canada’s National Judical Institute (NJI). It operates as a project of NJI’s
International Cooperation Group.
The Philippine Judicial Academy, the Justice Studies Center of the Americas (JSCA), and the
Judicial Training Institute of Ghana (JTI) formed the core “quadro polar” partnership that will
implement the Network’s goals of providing a forum for sharing and collaborating with judicial
educators through a web site, newsletter and capacity building workshops, and participation in
international conferences.
COMMONWEALTH JUDICIAL EDUCATION INSTITUTE
PHILJA is part of the judicial education resource exchange website of the Commonwealth
Judicial Education Institute (CJEI) based in Nova Scotia, Canada. Through this electronic
network, PHILJA exchanges judicial education resources, information and experiences.
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ANNUAL REPORT 2008
National Judicial Education Body Websites Project
The objective of the Project is to initiate an electronic linkage network of judicial
education materials in the Commonwealth, Ethiopia, Nepal and the Philippines. Its
purpose is to enable the exchange of judicial education resources, information and
experiences through an electronic network.
The Project was the second phase of the long-range plan to build a
comprehensive English language judicial education resource exchange website,
which will include all Commonwealth countries, non-Commonwealth CJEI members,
such as the Philippines and the Federal Judicial Center in Washington, DC.
Over 20 developing countries joined the electronic linkage network, either by
developing a judicial education website or identifying, collecting and cataloguing
existing judicial education materials. PHILJA posted learning materials on its
website, using the CJEI analytical tool – Impartiality, Competency, Efficiency and
Effectiveness.
The CJEI Fellows News and Notes Column of the June 2008 issue of the CJEI
Report featured information on the activities of the Supreme Court and of PHILJA,
notably on the Writ of Amparo, the Mobile Court-Annexed Mediation Program, and
the Green Benches.
NATIONAL JUDICIAL INSTITUTE OF CANADA
The Philippine Judicial Academy and the National Judicial Institute of Canada (NJI) jointly
conducted the Knowledge Exchange on Judicial Education Approaches and Methods on July 3-4,
2008, at the Board Room 3 of Renaissance Hotel, Makati City.
Justice Ameurfina A. Melencio Herrera led the officials, professors and staff of PHILJA in the
knowledge exchange activities with its Canadian counterpart, led by Chief Justice Brian W.
Lennox, NJI Executive Director, and Prof. T. Brettel Dawson, Academic Director. Local NJI field
office personnel served as the secretariat.
The objectives of the activity were to discuss the various judicial education philosophies
and approaches of PHILJA and to review the various efforts on integrating skills-based
education courses in the Academy.
A major outcome was the recommendation for the formation of a judicial education
technical working group (TWG) that will provide assistance to the Academic Council and the
faculty in curriculum design, materials development, use of technology and on-site facilitation.
83
1.
Asian Mediation Association (AMA) Signing Ceremony of the Memorandum of
Understanding (MOU) for the Mediation Centers of the People’s Republic of China
and New Delhi, India, held on September 12, 2008 in Kuala Lumpur, Malaysia.
2.
The Memorandum on Cooperation Between the Supreme Court of the Philippines
and the Supreme People’s Court of the People’s Republic of China was signed on
November 13, 2008 in Beijing. It established linkage between PHILJA and China’s
judicial education institute, the National Judicial College.
1.
Visit to the Judicial School of Spain, November 10-14, 2008
In its 109th Meeting on August 6, 2008, the Council chose Justice Sixto C. Marella, Jr.
and Judge Rosalina L. Pison to represent the Academy. In its 113 th Meeting on
October 8, 2008, the Council noted the approval by the Supreme Court En Banc of
Justice Marella’s and Judge Pison’s visit to the Judicial School in Barcelona, Spain.
2.
Justice Delilah V. Magtolis, AAO Head, attended the JURIS Study Tour on September
15-26, 2008 in Ottawa, Ontario.
3.
Korean International Cooperation Agency (KOICA) 16-Day Training Program for
Philippine Judges, April15-30, 2008
In its 102nd Regular Session on March 12, 2008, the Council finalized the list of
nominees for this 16-day training led by Justice Delilah V. Magtolis.
4.
Korean Scholarship Program’s research component
Judge Francisco Roberto Quilala of RTC Br. 14, Laoag City was nominated to undergo
a six-month research program under the auspices of the Korean Supreme Court.
5.
84
Eighth International Conference for Environmental Compliance and Enforcement,
April 5-11, 2008, Cape Town, South Africa
ANNUAL REPORT 2008
In its 101st Regular Session held on February 13, 2008, the Council nominated
Associate Dean Sedfrey M. Candelaria to attend the Conference. The Asian
Environmental Compliance and Enforcement Network funded his participation.
6.
Asian Mediation Association
In its 45th Planning Session on March 26, 2008, the Academic Council nominated Engr.
Salvador Castro, PHILJA Consultant and Professorial Lecturer, as PHILJA’s
representative to the meetings of the AMA, of which the Academy is a member,
relative to the drafting of the AMA Charter. AMA aims to promote and facilitate the
use of mediation to amicably settle disputes in Asia.
1.
2.
3.
4.
5.
6.
Visit of Vietnamese and Thai Justices and Judges, January 15, 2008
The European Justice Assistance Technical Mission, May 22, 2008
The Italian Embassy in the Philippines, May 19, 2008
Study Tour of Delegation from the Cambodia Ministry of Justice, June 23, 2008
Study Tour of the SC by the North Korean Delegation, November 17, 2008
Visit of Participants of the Fifth Conference of the Global Alliance for Justice
Education (GAJE), December 11, 2008
1.
Selection of Chair Alfredo F. Tadiar as member, and subsequently elected chair, of the
newly created Board of Advisers of the International Development Law Organization
(IDLO).
2.
Nomination of Dr. Purificacion V. Quisumbing as expert for the impact assessment of
the European Union-funded Mission for Access to Justice for the Poor and Corruption
Prevention Programs in the Philippines.
85
The Philippine Judicial Academy is indeed very fortunate to have partnered with other
government agencies and several development institutions that further bolstered PHILJA’s
efforts to deliver quality judicial education to justices, judges, and court personnel.
One hundred of the 186 training programs conducted by the Academy, including CAM,
ACM and JDR, were special focus programs. This is a sterling testament to the dedication and
commitment of our partners. Truly, our development partners are committed to assist the
Judiciary in pursuing its reform projects, specifically in continuing judicial education.
2008 was a banner year for the protection of human rights. After the promulgation of the
Rule on the Writ of Amparo in 2007, a new Rule on the Writ of Habeas Data was promulgated
by the Supreme Court in the early part of the year. The clarion call was loud enough for
everyone to hear, and we are very happy that our development partners heeded the call.
Trainings were conducted in the different judicial regions of the country. The assistance of our
development partners–AusAID, USAID, TAF and ABA-ROLI–ensured that we are able to
saturate the entire country with the gospel of human rights.
In the regional and international arena of human rights protection, legal and judicial
telescopes were trained on the zenith that is the International Criminal Court in The Hague. The
partnership with the Italian Embassy in Manila made possible the conduct of an International
Conference on the International Criminal Court on September 25-26, 2008, in Makati City. This
knowledge-sharing activity was envisioned to raise awareness on the workings of the ICC and
translate its relevance to existing national practice. Luminaries from the ICC, ICTY and the
international legal community exchanged views with key representatives coming from a global
cross-section of government and non-government institutions.
Technology holds so much potential to positively impact the administration of justice. Eight
runs of computer skills training were conducted through the assistance of USAID-ROLE to court
personnel of the Court of Appeals and the Court of Tax Appeals. A high-level planning workshop
on the Case Management Information System was also held on August 21-22, 2008,
participated in by Presiding Justices, Associate Justices and clerks of court of the Supreme Court
and appellate courts.
The British Embassy and the Ateneo School of Law funded the seminar-workshop on
public and private international law issues. The focus of this seminar, yet another capacitybuilding program for judges and court attorneys, is on the emerging field of international
commercial arbitration.
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ANNUAL REPORT 2008
The year also saw the sustained efforts of the Academy in conducting programs on
Environmental Law. The Academy benefited from the assistance provided by AECEN, Haribon
Foundation, Tanggol Kalikasan, USAID, USDOI, USEPA, and the Ateneo School of Government.
This year’s Metrobank Professorial Chair holder is Dr. Antonio G.M. La Viña, professor and
noted Environmental Law practitioner here and abroad. His lecture was entitled “The Future of
Environmental Law and Governance.”
A strategic partnership for the capacity-building of commercial courts in Intellectual
Property Law was forged between the Philippine Judicial Academy and the Intellectual
Property Office of the Philippines during the MOU signing on September 10, 2008. Through the
funding resources of IPO Philippines, the Second Advanced Course on Intellectual Property Law
for Commercial Court Judges was held on November 27-28, 2008. The activity utilized skillsbased methodologies and experiential learning approaches.
Like any well-oiled machine, PHILJA continues to deliver quality and effective judicial
education, a witness of its strong ties with its partners whose assistance ensures that the
Academy fulfills its task, in the enduring pursuit of excellence in the judiciary.
The table shows the grants and donations PHILJA received to implement its projects and
programs for 2008.
D on or s
Percent (%) to Total
Italian Embassy
33.5
The Asia Foundation
33.0
UNICEF
16.0
AusAID
6.5
ABA-ROLI
2.6
UNDP
2.6
Eco-Asia
2.5
French Embassy
1.5
IFES
1.3
Commonwealth of Judicial Excellence Institute
0.5
Total
100.0
87
2008 BLUEPRINT OF ACTION
On February 4, 2008, a Corporate Planning Workshop was held to strengthen the capabilities
of PHILJA personnel to bring about a performing, efficient and effective judicial academy. To
make the Academy effective in achieving goals that are more realistic, pre-planning and
workshop discussions were focused on four strategic areas: Organizational Strengthening,
Human Resource Empowerment, Systems Planning, and Financial Planning.
As a result, proposals and plans were consolidated and streamlined which were
subsequently published as PHILJA’s Blueprint of Action for 2008. As approved by the PHILJA
ExeCom, the blueprint is the institutional guide that the Academy is directed to implement for
the year 2008 and beyond.
To make the blueprint more effective, all PHILJA officials and personnel were encouraged
to get involved in project and activity formulation, its coordination and final implementation.
As such, outputs have increased, thus making PHILJA a more human resource-driven institution.
A. Organizational Strengthening
1. Further Clarifying and Strengthening the Organizational Structure and
Administrative Setup of the Philippine Judicial Academy (Revised A.M. No. 01-104-SC-PHILJA)–Barely a year after its creation in 1996, PHILJA was able to hold eight
seminars. Since then, the Academy has never wavered in its mandate to provide
judicial education, with an average of 92 programs a year for 2000 to 2008. To
provide increased capability in carrying out its mandate, the Court En Banc, through
a Resolution, dated September 23, 2008, approved the Revised A.M. No. 01-1-04-SCPHILJA, “Further Clarifying and Strengthening the Organizational Structure and
Administrative Set-Up of the Philippine Judicial Academy.” The PHILJA is now
composed of eight offices: Chancellor’s Office; Vice Chancellor’s Office; Executive
Secretary’s Office; Academic Affairs Office; Research, Publications and Linkages
Office; Philippine Mediation Center Office; Finance Office; and Administrative Office.
2. PHILJA Training Center Organizational Setup–In preparation for the upcoming
opening of the PHILJA Training Center in Tagaytay City, a draft of the Administrative
Order outlining the operations, management and use of the Center is currently
under final review, to be submitted to the Court in 2009.
3. Further Delineation of Office Functions–Initial undertaking for this proposal was
implemented under Inter-Office Memo No. 134, which decentralizes some financial
procedures from the Office of the Chancellor to the Office of the Vice Chancellor.
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ANNUAL REPORT 2008
B. Human Resource Development
1. Capacity Building of PHILJA Employees–PHILJA is mandated to provide continuing
judicial education to judges and court personnel. One of the seminars that PHILJA
conducts is the Distinguished Lecture Series featuring members of the diplomatic
community as guest speakers. As hosts or members of the different working
committees during these lectures, PHILJA employees must have a keen grasp of protocol
and procedure to effectively deal with diplomats, dignitaries, local and foreign VIPs, and
top-ranking officials.
Thus, on May 13, 2008, Ambassador Fortunato D. Oblena (Ret.) of the Department of
Foreign Affairs Foreign Service Institute, conducted a lecture on Protocol and
Precedence, attended by all PHILJA employees, including Messrs. Ricky O. Vitug and Rey
Velasquez, both from the Office of the Chief Justice.
Ambassador Oblena discussed the following: definition, relevance, and sources of
protocol; definition and order of precedence; protocol practices; etiquette and social
graces; hosting official visits; and reception protection, and departure of delegates.
2. HRD Monthly Sessions–HRD Sessions are conducted to develop the interpersonal and
communication skills of PHILJA personnel. Some of these HRD Sessions also featured
PHILJA staff members sharing what they have learned from the trainings, seminars or
workshops they have attended.
This year, the following topics were discussed:
Date
HRD Session
Speakers
January 7
Spiritual Leap
Ma. Luisa A. Magno
February 15
The Enneagram: Knowing the Leader in You!
Judge Marivic T. Daray
March 17
Seminar on Effective Facilitation
Chairman Alfredo Tadiar
April 14
Echo Session: Workshop on BIR Issuances and Rulings
Ma. Jocelyn D. Guillermo and
Gregorio N. Agojo
May 13
Seminar on Protocol
Ambassador Fortunato Oblena
July 1
English Enhancement Program
July 29
Punctuations, Verbs and Writing Techniques
August 22
Combining Sentences and Tips on Editing
September 24
Rules 10 and 11 of Elements of Style, and Restrictive
and Nonrestrictive Clauses
October 20
How to Write Effective Paragraphs
November 3
Rule 13 of Elements of Style Making Paragraph Unit of
Composition
December 4
Morality in the Workplace
Dr. Luis Esteban Latorre
Rev. Bernadette Morales
89
3. Promotions and Filling of Vacant Positions–To strengthen its human resource, the
Academy hires new personnel to augment its staff, while deserving staff are given
promotions.
As of 2008, the staff of PHILJA is composed of:
Coterminous,
29
Permanent,
72
Casuals, 6
Consultants, 5
Officials &
Professors,
Contractuals,
7
10
Total Number of
Personnel = 129
4. Transfer of Office and Personnel to PHILJA Training Center in Tagaytay City–The
feasibility of detailing personnel in Tagaytay, while maintaining, too, a workforce in
the Manila Office, is now under study.
C. Systems Planning
1.
2.
3.
4.
5.
Reorganization of the PHILJA Physical Setup
Computerization and upgrading of equipment
Updating and inventory of PHILJA equipment and supplies
Providing internet connection to the different offices
Providing additional connection of Financial Management Information System for
the PHILJA-Finance Office
6. Redesigning of the PHILJA Website (ongoing)
7. Publication of the PHILJA Operations Manual (ongoing)
D. Financial Planning
The Supreme Court-Fiscal Autonomy, Judicial Reform Support Project-World Bank (JRSPWB) Loan and Modified Disbursement Scheme (MDS) provide funds for the Academy’s
regular programs, special focus programs and the Government of the Philippines (GOP)
counterpart for special focus programs. On the other hand, PMC Funds are used
exclusively for its operations, as provided for in Section 9, Rule 141 of the Rules of Court.
90
ANNUAL REPORT 2008
Sources of PHILJA Funds for 2008
MDS TF (0.2%)
PMC Rule 141 (48%)
MDS Fund (0.3%)
PMC Rule 141 (48%)
JRSP WB Loan (0.4%)
PMC Rule 141 (48%)
Pre-Judicature (0.6%)
PMC Rule 141 (48%)
Various Donors (8.5%)
PMC Rule 141 (48%)
Fiscal Autonomy (42.0%)
PMC Rule 141 (48.0%)
E. Institutional Committees
1. Subcommittee on the Revision of A.M. No. 01-1-04-SC-PHILJA
(Clarifying and Strengthening the Organizational Structure and Administrative Setup of PHILJA)
Presiding Officer: Justice Ameurfina A. Melencio Herrera
Members:
Justice Justo P. Torres, Jr., Justice Delilah V. Magtolis,
Dr. Purificacion V. Quisumbing, Dean Pacifico A. Agabin,
Dean Cesar L. Villanueva, Fr. Ranhilio C. Aquino,
Associate Dean Sedfrey M. Candelaria,
Prof. Myrna S. Feliciano
The amendments made by the Subcommittee were incorporated in the proposed Draft
of the Administrative Order “Further Clarifying and Strengthening the Organizational
Structure and Administrative Set-up of the Academy” approved by the Court En Banc in
its Resolution dated September 23, 2008.
2. Personnel Management Committee
(Inter-Office Memo No. 67, July 12, 2004)
In order to effect transparency in the appointment of permanent personnel from within
the Academy, the PHILJA Personnel Management Committee (PPMC) was created to
evaluate the qualifications of PHILJA personnel and oversee their career advancement.
91
3. Annual Report Group
(Inter-Office Memo No.135, March 10, 2008)
The Annual Report Group was activated to plan, collate, layout, edit and print the
Academy’s Annual Report, to be submitted to the Court within the first quarter of the
following year.
4. Operations Manual Group
(Inter-Office Memo No.137, April 8, 2008)
To strengthen the administrative and operational aspects of the Academy, the PHILJA
Operations Manual Group was created to research and compile existing SC, PHILJA, and
Civil Service rules and policies to guide the internal operations of the Academy.
5. Information Systems Planning Group
(Inter-Office Memo No.142-A, May 15, 2008)
As the Information Systems Division has yet to be activated, the Information Systems
Planning Group (ISPG) was created to formulate, recommend, and implement
information technology plans.
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ANNUAL REPORT 2008
During the year, the Academy continuously produced its regular print and electronic
publications: PHILJA Judicial Journal, PHILJA Bulletin, PHILJA Fax/Electronic Alerts; and
maintained the PHILJA Website. In addition to its regular publications, the special publications
on the Annotation of the Code of Conduct for Court Personnel, Manual for Executive Judges, and
Fundamentals of Decision Writing for Judges kept the Academy busy. The Digital Information
Board was also set in place, effectively reducing the use of paper for intra-office
communication.
Annotation of the Code of Conduct for Court Personnel. In the middle of the year, PHILJA
completed and published the Annotation of the Code of Conduct for Court Personnel, through
the efforts of the Committee headed by Justice Hilarion L. Aquino, with Justice Hector L.
Hofileña, Justice Jose L. Sabio, Jr., Court Administrator Jose P. Perez and Prof. Myrna S. Feliciano
as members, and with support from the USAID, through the American Bar Association-Rule of
Law Initiative (ABA-ROLI). The annotated Code aims to provide a better interpretation and
understanding of the Code through comprehensive illustration of concepts, implications and
nuances of the four Canons. It also provides practical insights on how particular scenarios and
grey areas could be best dealt with.
Manual for Executive Judges. PHILJA, through a Committee chaired by Justice Alfredo L.
Benipayo, with DCA (Ret.) Bernardo T. Ponferrada, Court Administrator Jose P. Perez, Judge
Thelma A. Ponferrada, Judge Myra G. Fernandez, and Assistant Court Administrator Thelma C.
Bahia as members, with support from the USAID through the ABA-ROLI, published a Manual for
Executive Judges to assist them in the discharge of their duties. The manual is a compilation of
all pertinent issuances and latest rulings of the Supreme Court with practical guidelines and
commentaries.
Fundamentals of Decision Writing for Judges. The work was completed in October 2008 by
the Committee on the Manual on Decision Writing for Judges, chaired by Justice Hugo E.
Gutierrez, with Justice Lucas P. Bersamin, ACA Ismael G. Khan, Jr., Atty. Janice May R. Erni, and
Mr. Jay B. Rempillo as members. The manual is a brief compilation of guidelines from
authorities on the subject and is designed to remind judges of the essentials of decision writing.
It is expected to be distributed to judges in 2009.
Digital Information Board. Early this year, PHILJA also installed digital information boards
at the main lobby, the east and west wings of the Academy. The digi-info board located at the
main lobby highlights the Academy’s Board of Trustees, Officials, Academic Council Members;
provides updates on programs, seminar schedules; and provides other recent general
information on PHILJA activities. On the other hand, the digi-info boards located at the east and
west wings of the Academy feature regular updates on the Supreme Court issuances on
administrative matters and PHILJA HRD matters. The installation of the digital information
board is an initial attempt at a “paperless” Academy.
93
The PHILJA Library is housed in the Academy’s Manila and Tagaytay offices, the latter to be
provided a larger area in the PHILJA Training Center, now under construction. It provides its
clientele legal resources, both in print and non-print materials, to meet their institutional,
instructional and individual needs.
At present, the Library holds a collection of over 2,600 volumes of books and more than
300 compilation of miscellaneous references and seminar materials, handbooks, manuals,
journals, bulletins and multimedia resources.
For the year 2008, 87 books were acquired through the Supreme Court. A substantial part
of the Library’s acquisitions consists of gifts from individuals and institutions. The largest book
donations were from The Asia Foundation (TAF), Judge Cesar Peralejo, EngendeRights, Inc., and
JURIS Project. Other acquisitions include the following:
Books
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
94
A Plague of Rats and Rubber-Vines: The Growing Threat of Species Invasions (2
copies)
Faith in a Seed (2 copies)
Ex-Situ Plant Conservation: Supporting Species Survival in the Wild by Society for
Ecological Restoration International (2 copies)
Solving Sprawl: Models of Smart Growth in Communities Across America (2 copies)
Experiments in Consilience: Integrating Social and Scientific Responses to Save
Endangered Species (2 copies)
Climate Affairs: A Primer (2 copies)
The National Wildlife Refuges: Coordinating a Conservation System Through Law (2
copies)
Saving Nature’s Legacy: Protecting and Restoring Biodiversity (2 copies)
Roadside Use of Native Plants (2 copies)
Mediated Modeling: A System Dynamics Approach to Environmental Consensus
Building (2 copies)
Reconstructing Conservation: Finding Common Fund (2 copies)
The Atlantic Forest of South America: Biodiversity Status, Threats, and Outlook (2
copies)
Community Forestry in the United States: Learning from the Past, Crafting the
Future (2 copies)
Better Environmental Policy Studies: How to Design and Conduct More Effective
Analysis (4 copies)
ANNUAL REPORT 2008
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
Towards Forest Sustainability (2 copies)
Ecological Restoration of Southwestern Ponderosa Pine Forests (2 copies)
Achieving Sustainable Freshwater Systems: A Web of Connections (2 copies)
Principles of Environmental Science: Inquiry and Applications. 3rd ed. (2 copies)
Alternative Futures for Changing Landscapes: The Upper San Pedro River Basin in
Arizona and Sonora (2 copies)
Legal Environment of Business: In the Information Age (2 copies)
Making Parks Work: Strategies for Preserving Tropical Nature (2 copies)
Engendering Women’s Rights: A Paralegal Training Manual
CEDAW Benchbook: Convention on the Elimination of All Forms of Discrimination
Against Women
Ang Binagong Kodigo Penal ng Pilipinas (50 copies)
Ang Kodigo ng Pamilya ng Pilipinas (10 copies)
Ang Kodigo Sibil ng Pilipinas (10 copies)
Serials
1.
2.
3.
Kilosbayan: Independent Magazine for Reflection and Action (March, July and
August Issues 2008)
Supreme Court Annual Report
IBP Journal 1973-2007
CD-ROMs
1.
2.
JURIS Compendium on ADR
JDR Trilogy (3 DVDs)
The Library, aside from circulation of books, also provides access to Internet, as well as CDROMs, for intensive legal research. The Library also offers electronic mail (e-mail) services and
on-line access to WESTLAW database.
95
From the Child Protection Unit-Network (CPU-Net)–
August 22, 2008
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
LCD Projector (1 unit)
Laptop Computer (2 units)
Video Camera (1 unit)
DVD/CD Writer and Rewriter (1 unit)
Laserjet Printer (1 unit)
Voice Recorder (2 units)
USB Flash Drive, 256 MB (5 pcs.)
Microsoft Windows XP Operating System
Microsoft Office Home and Student
TREPC-CILLIN 2008 Anti-Virus
From the Canadian International Development Agency (CIDA)–
September 1, 2008
1.
Motor Vehicle (I unit)
From the City Government of Manila and International Container
Terminal Services, Inc. (ICTSI)–September 15, 2008
1.
2.
3.
4.
5.
6.
7.
Container Van (2 units)
Table (2 pcs.)
Executive Chair (1 pc.)
Witness Chair (2 pcs.)
Table (4 pcs)
Clerical Chair (2 pcs.)
Three-Seater Gang Chair (4 pcs.)
From the Canadian International Development Agency (CIDA) for
PMCO–November 21, 2008
1.
2.
3.
4.
96
Telephone Control Unit
Telephone (4 units)
Fax Machine (1 unit)
LCD Projector (2 units)
ANNUAL REPORT 2008
5.
6.
7.
8.
9.
10.
11.
12.
13.
Projection Screen (1 pc.)
Digital Camera (1 unit)
Microcassette Recorder (1 unit)
Cash Box (1 pc.)
Desktop Computer (3 sets)
AVR (2 pcs.)
Speaker (1 pc.)
Four-Drawer Steel Filing Cabinet (2 pcs.)
External Floppy Drive (1 pc)
From the Province of Sarangani–November 21, 2008
1.
Bus (1 unit)
From the Rule of Law Effectiveness (ROLE)
Project of the United States Agency for International Development
(USAID)
September 9, 2008
1.
2.
3.
LCD Projector (1 unit)
Laserjet Colored Printer, (1 unit)
Workstation Chair (7 pcs.)
September 16, 2008
1.
2.
3.
Laptop Computer (1 unit)
LCD Project (1 unit)
Memory Card, 1 GB (1 pc.)
September 26, 2008
1.
2.
LCD Projector with Remote Control and Projection Screen (1 unit)
External Hard Disk Drive, 160 GB
From the International Justice Mission-Manila–November 21, 2008
1.
2.
3.
LCD Projector (2 units)
USB Flash Drive, 1 GB (10 pcs.)
An initial donation of P45,000.00 for the printing of the CET handbooks
distributed to training participants.
97
by Rev. Fr. Ranhilio C. Aquino, PhD, JurDr
Father of the Eternal Word, the same Yesterday, Today, and Forever,
You call forth from all creation, all that is noblest and most exalted.
In Your people’s thirst for justice, we recognize a yearning for Your Kingdom.
When we, your sons and daughters, render unto each other that which is due and fair,
we serve you and conform ourselves to your Holy Will.
Grant that through us, your servants at the Philippine Judicial Academy,
the courts of our land may be so permeated by Your Spirit
and strive for excellence in the Judiciary,
so that there may be established among us,
a reign of justice and of profound respect for the rights of all.
Make us instruments of justice and equity,
by serving with competence and ardor,
so that all may see Your hand at work in our world,
and your compassion guiding us through PHILJA’s history.
Words and Lyrics by Rev. Fr. Ranhilio C. Aquino, PhD, JurDr
They ascend the dais
Our ministers of the law
At the Bench they preside
Our High Priests of Justice
To the plaint of all they must give ear
And to all who before them stand
They must render right and redress the wrong.
Refrain
To imbue their hearts with a passion for justice
To set their souls ablaze with zeal for the law
To nurture them in the truth
And to steel them in adversity
Thus, we swear to serve at the Philippine Judicial Academy.
Respect for the law
In all they must impress
Confidence in its processes
They must in all inspire
With motives pure and conscience clear
Render justice as the law ordains
At the Supreme Court's Academy, this is our pledge.

2008 PHILJA Annual Report - Philippine Judicial Academy

Transcription

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