text:
IBP: Celebrating 40 years, 1973 - 2013 August 2012 IBP moCk Poll abad, sereno, Brion on top SC insiders preferred in survey DEFINING THE BEST PERSON FOR THE POST. The July 16 IBP forum brought together law deans, Bar leaders, heads of lawyers organizations and private practitioners. Celebration of transparency IBP Holds 2-day Supreme Court Associate Justices Roberto Abad, Ma. Lourdes Sereno and Forum For Next Cj Arturo Brion topped the mock balloting for the next Chief Justice conducted by the IBP during its Board meeting held July 28, 2012 at the IBP National Office. Nine Stakeholders define criteria, nominees present agenda members of IBP's Board of Governors and 13 National Officers participated in A week before the Judicial & Bar Council (JBC) held the first ever the poll. live media coverage of interviews of candidates for the new Supreme The top 10 picks were: Court Chief Justice, the Integrated Bar of the Philippines sponsored the first ever public forum on the selection process at its National Office in 1. Associate Justice Roberto Abad Ortigas Center. 2. Associate Justice Ma. Lourdes "We are all part of history in the making," said IBP President Roan Sereno Libarios, as he opened the first forum last July 16 featuring law deans, 3. Associate Justice Arturo Brion 4. Former UP Law Dean Raul private practitioners, a former SC associate justice, Bar leaders and a Pangalangan SC watchdog group. 5. Associate Justice Teresita Leon- "The IBP has taken it upon itself to help strengthen public discussion ardo de Castro in the search for the next Chief Justice," Libarios declared. "The IBP be- 6. Acting Supreme Court Chief Justice lieves that in the search for the next Chief Justice, public transparency Antonio Carpio and PCGG Chair- man Andres Bautista is the best policy." 7. Solicitor General Francis Jardeleza The recently concluded Senate impeachment trial has raised the bar 8. Securities and Exchange Commis- of transparency in choosing the next Chief Justice. The current process sion Chairperson Teresita Herbosa is unprecedented, featuring live media coverage of the applicants' inter- and Former Representative Ronaldo views at the Judicial & Bar Council, submission of waiver of confidential- Zamora ity of bank accounts and the making public of the JBC scoring system. IBP Public Information Officer Atty. "The IBP wishes to promote transparency and accountability in public Trixie Cruz-Angeles clarified that "the office by engaging the public in the process of selecting the next Chief votes reflect only the individual prefer- Justice," Libarios said. ences of the Board of Governors and Na- - see page 3 - see page 3 IBP Central Luzon Regional Convention 8 CJ Nominees' Profiles 16 Mindanao Region Resolutions 37 EdIToRIAL The Bar Tribune The CJ Search Process a deFININg momeNt Volume 8 Number 5 Official Publication of the Integrated Bar of the Philippines 15 J. Vargas Ave., Ortigas Center, Pasig City Tel. No. 63.2 6313014 • Telefax No. 63.2 9100417 Website: www.ibp.ph • Email: email@example.com Roan I. Libarios Board of Governors After the cathartic impeachment trial, the becomes expensive, if not inaccessible to the roAn i. liBArios search for the next Chief Justice (CJ) is shap- vast majority of its stakeholders – the poor and Chairman ing up as a defining moment and a potential underprivileged. Thus, a WB study ranked the denis B. hABAWel Governor for Northern Luzon game-changer for the judiciary. Philippine justice system in the lower bottom oliViA V. JAcoBA Compared with the past, the selection for among the countries in Asia. Governor for Central Luzon the next CJ is by far the most transparent and The second is the scourge of corrup- VicenTe m. JoyAs Governor for Southern Luzon the most hotly contested. Spiked by live media tion. An SWS survey revealed that public per- dominic c.m. solis coverage of the selection process, public inter- ception of corruption in the judiciary is perva- Governor for Greater Manila est is also at its record peak. And the stakes sive. As to the sources of corruption, they are leonor l. GeronA-romeo Governor for Bicolandia could not have been higher. ranked as follows – 1) judges and justices ask mAnuel l. enAGe, Jr. The incoming Chief Justice will preside for bribes (39%); 2) litigants pay bribes (36%); Governor for Eastern Visayas over a judiciary still reeling from the impeach- and 3) lawyers suggest bribes to win cases erWin m. forTunATo Governor for Western Visayas ment of its highest magistrate (for failure to (20%). And corruption breeds contempt of the isrAeliTo P. Torreon properly declare his assets) and seeking to judicial process. Governor for Eastern Mindanao renew itself amid the lingering crisis of public The twin evils of clogged court dockets florendo B. oPAy Governor for Western Mindanao trust and confidence in the justice system. and corruption render our justice system inef- ficient, unreliable and unjust. They are the root National Officers Privileged membership causes behind the low level of public trust and roAn i. liBArios confidence in the judiciary. They subvert so- National President nAsser A. mArohomsAlic In a Republican system, the Supreme cial justice, hinder economic development, and National Secretary Court is designed as the highest institution weaken democracy. mAriA TeresiTA c. sison Go National Treasurer of justice and the last bulwark of democracy. Jose V. cABrerA While the weakest of the three great branches The need for leadership National Executive Director for Operations of government, the judiciary, headed by the rolAnd B. inTinG National Executive Director for Administration Chief Justice, is also the noblest. It is entrusted The path to judicial reform is narrow but rosArio T. seTiAs-reyes with dispensing fair justice, determining what clear and compelling. The twin evils of dock- National Director for Legal Aid the law is, and upholding the guarantees of the et congestion and corruption must be tackled PurA AnGelicA y. sAnTiAGo National Director for Bar Discipline Bill of Rights even as against the State. They head on and licked. And this requires leader- AliciA A. risos-VidAl are sublime functions that constitute the cor- ship of the highest caliber. It calls for clarity of National Director for Peer Assistance Program nerstones of a true and vigorous democracy. vision, a well-crafted program of action, and VicTor c. fernAndez National Director for Special Concerns Thus, entry to the judicial branch is high- infinite passion to communicate the reform PAcifico A. AGABin ly restricted and privileged. No less than the agenda to stakeholders and to galvanize sup- General Counsel Constitution has decreed that membership is port. Massive political will and moral courage rose BeATriX cruz-AnGeles Public Information Officer limited only to lawyers who embody the four are also needed to implement the reform agen- merlin m. mAGAllonA lofty credentials of judgeship -- competence, da and bring about the desired results. Editor-in-Chief, IBP Journal PATriciA Ann T. ProdiGAlidAd integrity, moral probity and independence. And To the next primus inter pares in the Su- Assistant National Secretary in the entire judiciary, the Chief Justice is the preme Court, the real challenge lies in be- VicToriA V. loAnzon Assistant National Treasurer primus inter pares, the first among equals. coming the chief harbinger of judicial renewal dennis B. funA At no other time in our history has the and reform. The Constitutional credentials of Deputy Director for Bar Discipline search for the primus inter pares in the Su- judgeship -- competence, integrity, probity and rodolfo G. urBizTondo Deputy General Counsel preme Court generated more public attention independence -- may not suffice. To make a than today. With the new and refreshing spirit difference, the next CJ must provide effec- Editorial Staff of transparency sweeping the JBC, the search tive, honest-to-goodness, leadership. He or AurorA G. Geronimo process, as aired live on media, has drawn she must be able inspire and lead the judici- JAryl Ann V. rAnchez public attention to the pressing problems that ary, steer its course from the backwaters of coronAcion P. chu ViViAn c. cAPiznon beset our justice system. clogged dockets and corruption into the high mArissA T. AlmocerA seas of judicial efficiency, integrity, independ- mylA l. BernAl cherryl m. ArTAJo The twin evils ence and excellence. mArilyn B. cABulAnG History bears witness to periods of great soledAd B. AfroilAn ruBy G. elizon From the array of problems brought to the renewal being unleashed by cathartic events. Jerome m. ABellA spotlight, two clearly stand out. And they make The search for the new CJ has brought to the dondon d. sAmoy up the twin evils that gnaw at the core of the fore not only the ills of our justice system but mAriA mimosA m. rAmos Philippine justice system. also the pressing need for solutions and re- Jose e. san Diego, Jr. The first is the vicious menace of court forms. Coming on the heels of a cathartic im- Editorial Consultant docket congestion and case delay. With peachment trial, the historic search for the next eumir C. Lambino more cases flowing in than out, our courts are Chief Magistrate may prove to be a real game- Layout Artist drowning in clogged dockets. As a result, the changer, the spark that could bring the Philip- We welcome feedback and suggestions. quality and delivery of justice suffer. Case de- pine justice system into a new era of renewal Please write to firstname.lastname@example.com lays also make our justice system anti-poor. It and renaissance. The bar Tribune IBP holds... from cover page that helped improve case Meanwhile, the second forum held management and dis- July 20 featured nine of the 22 CJ can- position in the Supreme didates discussing their judicial philoso- Court. phies and reform agenda. Tantuico ran through the other qualities and [Note: As the Bar Tribune went to press, skills of a Chief Justice: the JBC has trimmed the original list to 20 applicants. Please turn to page 16-20 for • Basic oral and written the candidates' profiles and pages 21-36 communication skills for the candidates' speeches delivered • Must have practiced during the July 20 forum.] law or has had ex- perience sitting as a Libarios described the IBP events as judge, with the wide a "celebration of transparency," declar- perspective that goes ing the IBP's JBL Reyes Hall as "the new with it. portal of public information" on the selec- • Leadership and the tion of the next Chief Justice. In both fora, ability to inspire oth- members of the media were joined by IBP ers, the employees of members, law students, concerned citi- the court and his col- zens, columnists and social media blog- leagues. gers. Libarios also announced that results Intellectual power, of both fora will be forwarded to the JBC administrative acumen and the Office of the President to help in and leadership the evaluation of the candidate best suit- ed to become the next Chief Justice. Atty. Pete Principe, While all the speakers in the July 16 president of the Philippine forum were unanimous on the constitu- Trial Lawyers Association tional requisites of competence, integrity, (PTLA), said he hoped probity and independence, many were that the next Chief Justice more specific in defining what the best "would have probity and candidate for the post must possess. independence and not be swayed or intimidated by A "prototype" Chief Justice those who possess the political and fiscal powers For Atty. Fina de la Cuesta Tan- to impeach and remove him." versity of Cebu College of Law brought tuico of the UP Women Lawyers Circle He noted that aside from qualities the with him the ideas and opinions of his (WILOCI), Philippine Judicial Academy next Chief Justice must possess -- citing Cebu colleagues, whom he consulted in chairperson emeritus and former SC As- provisions of the Code of Judicial Con- the preparation of his paper. sociate Justice Ameurfina Melencio-Her- duct, the 1987 Constitution and the Can- Estenzo said the Chief Justice must rera is her "prototype" for the CJ post. ons of Judicial Ethics -- the Chief Justice not only possess competence, integrity, Tantuico started her legal career at the post requires intellectual power, adminis- probity and independence "but must be SC as judicial staff head under Melencio- trative acumen and leadership. perceived by everyone as actually pos- Herrera. Principe wished that the next Chief sessing them." "She could have been the first woman Justice "would not suffer the same fate of Other strengths the Chief Justice Chief Justice," Tantuico said, citing Me- the impeached Chief Justice," as he was must have, Estenzo said, are: lencio-Herrera's exceptional academic re- saddened at how the recent impeachment cord, long experience as a judge, unsullied trial "divided our people and sapped the • Managerial qualities to administer all reputation as the epitome of industry and time and resources of our government." the courts integrity, and the ability to inspire others. He lamented that the IBP itself "was not • Great executive will in shaping judicial Tantuico also said the CJ candidate must spared from the painful schism caused by leadership for corruption-free courts possess a passion for work and an inno- the impeachment process." • Determination to remove "hoodlums vative spirit, "one that is open to explore all in robes" to regain the trust and con- possibilities to improve case management No more "hoodlums in robes" fidence of the people in the judicial and disposition." She cited Melencio-Her- system rera's early initiatives in computerization Dean Baldomero Estenzo of the Uni- • Zero tolerance for the miscarriage of justice through manipulation and brib- ery that have become "art form" Abad... from cover page • Imposition of strict values integration tional Officers and should in no way be Those who preferred an insider cited for those charged with administration of justice construed or interpreted as IBP's official experience and seniority while those who • Fair and compassionate to the less vote in the JBC deliberations." preferred an outsider cited dynamism privileged Meanwhile, final results of an infor- and fresh perspective. • Independent from political dictates mal survey conducted among IBP chap- There are a total of 20 candidates vy- and interest ters showed that 78% of those surveyed ing for inclusion in the shortlist of the Ju- • Responsive to the reforms of the Bar preferred a Supreme Court insider to be- dicial and Bar Council. President Aquino come the next Chief Justice while 22% will choose the next Chief Justice from Estenzo also hoped that the next wanted an outsider. the JBC shortlist by end of August. Chief Justice would consider decentral- IBP: Celebrating 40 years, 1973-2013 3 august 2012 previous JBCs a "failure." Olalia also said the Chief Justice and Part 1 speakers: The Stakeholders Lazatin has welcomed the the Supreme Court must confront deep- changes to the Chief Jus- seated problems within the legal and tice selection process insti- judicial system – including endemic cor- tuted by the present JBC. ruption and "palakasan, gapangan or la- Lazatin identified are- karan" – with the necessary grit and de- as where the Chief Justice termination to effect immediate as well as must institute reforms: long-term reforms. Olalia also sought reforms that he • Administering and regu- said are "closer to NUPL hearts and advo- lating law schools in co- cacy," such as: ordination with the Legal Education Board • Upholding and consistently applying • Bar Examinations the political offense doctrine by man- • MCLE (Mandatory Con- dating the charging of proper crimes • Tantuico • Principe • Estenzo • Lazatin tinuing Legal Education) or striking down the filing of false for practitioners charges against political dissenters • Reforms among the jus- and opposition and social activists; tices, judges, clerks of • Disapproving the abusive practice court, stenographers, pro- of mechanical substitution of real cess servers, sheriffs names for generic John/Jane Does • Reforms in accepting in informations and warrants of ar- cases that will go up to the rest against persecuted individuals, Supreme Court and dismissing cases resulting from • Allow finality of decisions such practice; in specialized courts like • Abandoning or reversing the doc- CTA, NLRC, Sandigan- trine in Ilagan v. Enrile "to make the bayan, COMELEC, Civil writ of habeas corpus really effective • Olalia • Victorino • Espejo • Tamano Service Commission, etc. and useful"; • Reforming and revising the remedy He also said the Chief of the writ of amparo to foreclose ob- Justice must know the es- stacles and loopholes to its effectiv- sence of the power of judi- ity for those whose lives, liberty and cial review and be able to security are under continuing attack; handle fiscal autonomy. • Expediting the resolution of cases against human rights violators to A dignified statesman, abate continuing impunity particular- not a politician ly on extrajudicial killings, disappear- ances, and torture; Atty. Edre Olalia of • Studying the creation of Special Hu- the the National Union of man Rights Courts to exclusively • Bacungan • Agustin • Quimbo • Pe People's Lawyers said the try and dispose of civil and criminal country needs a Chief Jus- cases of human rights violations and tice "who is first and fore- implementing a special procedure most a master of law, who for such purpose to make legal rem- can give straightforward edies simple, expeditious and acces- answers to complex legal sible; and questions; who will uphold • Addressing and instituting concrete and apply consistently and practical measures against un- doctrines of law; fairly ad- duly prolonged and cumbersome le- judicate conflicts between gal processes that have "fossilized" rights and interests in so- many cases. ciety; address issues that expose the deficiencies, A former JBC member speaks • Mawis • Maceda • Solis • Martinez harmonize the disparities, and ultimately, perhaps Dean Raul Victorino of the Philippine izing the venue of the Bar examination to correct the flaws and inadequacies of the Christian University College of Law, who benefit the poor but deserving law gradu- legal and judicial system within the limit of is a retired Sandiganbayan Justice and a ates who live in the provinces. its role and duty." former member of the JBC (representing Olalia fleshed out the other qualities the private sector), said the JBC must be The JBC "blackbox" of a Chief Justice: guided by constitutional ideas and strictly adhere to the constitutional mandate for Vincent Lazatin, Executive Director • Paragon of independence, impartial- judiciary members. He said that as a for- of Transparency and Accountability Net- ity, fairness and objectivity. mer JBC member he has been "independ- work, used the metaphor of a "blackbox" • Sensitive to the plight of the ordinary ent and accountable only to his God and to describe the previous selection pro- person to the people" he serve. cess. • Moral ascendancy and authority to be Victorino said the next Chief Justice "Names came in to the blackbox and able to inspire the trust, confidence must be competent in the rule of law and after two weeks, names would come out," and respect of the bar, the bench and be of proven integrity. Among the essen- said Lazatin. "We never really knew the the general public tial qualities mandated in the Constitu- process," he said, calling the record of the • Foresight and prudence tion, Victorino emphasized judicial inde- 4 IBP: Celebrating 40 years, 1973-2013 The bar Tribune pendence. He said the next Chief Justice equally and importantly a communicator but change that impacts the marginalized must be "unwavering in maintaining and and an administrator, someone who will sectors of the society." defending the court's independence" as win back the people's confidence in the Quimbo said a Chief Justice takes on required in the Constitution while main- judiciary." multiple roles -- a teacher, leader, father, taining a harmonious relationship with the CEO and moral example all at the same other branches of the government. "The Three constitutions in one time. "It requires super human qualities. next Chief Justice must not be beholden One would be a true Filipino to merely ac- to the appointing power; be free from any Former UP College of Law Dean Froi- cept the position and be serious about it kind of pressure from the other branches lan M. Bacungan agrees with the prescrip- because the position of Chief Justice of of government or from the parties or from tions of those who preceded his talk and the Philippines requires one to be ready colleagues; be an exemplar or what is went a step further, naming Acting Chief to sacrifice his own life." good and dutiful above measure and an Justice Antonio Carpio as his choice for Quimbo recognizes the awesome upright public servant." the next Chief Justice. But if Carpio is not power in the position of Chief Justice. "A chosen, Bacungan said he is for Justice Chief Justice has the power and he must Aspirant must be politically neutral Secretary Leila De Lima. use that power to change the practice of Bacungan also told his audience of law. Someone who will revolutionize the For Dean Abraham C. Espejo of New law stakeholders that the Constitution is practice of law in a way that it becomes Era University College of Law, the next three constitutions in one: a constitution true service, a man or woman who can Chief Justice must be able to withstand of sovereignty, a constitution of law and work to produce a new generation of at- political pressure. a constitution of rights. He said it is impor- torneys who will simply be good lawyers." "The next Chief Justice must not be tant to realize that it is the Supreme Court afraid to take a stand for what he thinks that made the constitution the constitution Consensus builder is right. He cannot be submissive to what of rights. the executive branch wants him to do or Dean Perry L. Pe of Palawan State to what the legislative branch will dictate." A patriot and revolutionary University College of Law says the next Espejo said the track record of aspir- Chief Justice must be a consensus builder ants must be carefully checked to prevent Atty. Rodrigo Quimbo of Quisumb- more than anything else. situations where the Chief Justice be- ing Torres Law Office said the Chief Jus- Making a pitch for legal education, comes a puppet of the executive. "Once tice must be a patriot. "He must love our the managing partner of Romulo Mabanta a puppet, always a puppet," Espejo be- country. A Chief Justice must have the Sayoc & Buenaventura Law Firm also lieves. capacity to subordinate all interest to pat- said that a Chief Justice who does not un- "If there is a presidential action that riotism." derstand the situation of the law schools will violate the Bill of Rights, he must de- At the same time, Quimbo said, the cannot and should not be a Chief Justice clare that to be illegal and if a law is passed Chief Justice must be a revolutionary. "He "because judicial reform should start from that amounts to class legislation, then by must be ready use his position to institute the law students and the law schools." all means declare it unconstitutional," Es- change. Change that will be significant not Pe also called for reforms in the bar pejo asserted. "He should take care that merely to judges and court employees, examinations and in MCLE (Mandatory checks and balances will remain not just nor merely to lawyers and businessmen, Continuing Legal Education). "A Chief in theory but more importantly that these checks are actually applied in practice." Part 2 speakers: The Nominees Espejo also said a Chief Justice must have a "broad view of the law," meaning someone who has had the opportunity to see how the law has been applied in ac- tual disputes. Neither should an aspirant support a political party, group, or philosophy, Espe- jo declared, which he believes limits one's view of what the law should be. Espejo also batted for a Chief Justice with "moderate temperament." "He must be gentle and compassionate," he said. Administrator and communicator • Sereno • Bautista • Abad • Sarmiento Dean Adel Fadel A. Tamano of Li- ceo de Cagayan University College of Law and presently Vice President for Public Affairs and Communications for Coca-Cola Bottlers Philippines, said that it is vital for a Chief Justice to have the power to communicate and inspire confi- dence in the judiciary. "He must be a good administrator of justice as well as a great communicator of the rule of law," Tamano said. The well-known television host said the Chief Justice should be a leader for the judiciary of the 21st century, "some- one who is transparent without fear of be- • Morales • Pangalangan • Valdez • Siayngco ing accountable and someone who is also IBP: Celebrating 40 years, 1973-2013 5 august 2012 Justice must know practice of law and ally effective, "must possess outstanding • He/she must live an upright and moral should be able to reform the MCLE," he ability and commanding stature as well as life. said. the purity and nobility of a Sir Galahad." • He/she must be accountable and must Pe said a Chief Justice must be able Dean Agustin summed up the quali- not be a person who has once defied the to impart reforms in the judiciary. Taking ties the next Chief Justice must have: law or even a decision of the Supreme a comprehensive view of the legal profes- inspired vision, excellent character, wide Court. sion, Pe argued that a Chief Justice "must legal knowledge and experience, proven • He/she must have Leadership and Man- be able to understand the meaning of administrative skills and a burning pas- agement skills. He/She must unite, mo- what is it to become a judge; he must be sion to energize and transform the ad- tivate and inspire people around him, able to teach the judges through PHILJA; ministration of justice into a transparent, must be ready to challenge norms, a he must be able to reach out to the pro- accountable, and effective justice system. must be reformer specially on judicial cess servers, to the sheriffs, to the ste- matters. nographers and to the clerks of court. A A profound and lasting influence • He/she must be assertive without being Chief Justice must also know what is it to offensive. bring or what case to be brought to the Dean Ma. Soledad Deriquito-Mawis • He/she must show respect so that he Supreme Court. And in the academe, a of the Lyceum of the Philippines College may be respected. Chief Justice must be able to understand of Law, says the public want a Chief Jus- • He/she must know when to say I am the the basic questions." tice who will have a profound and lasting Chief Justice of the Philippines. influence on the daily lives of the litigants, • He/she must not only be learned in law Administration of justice in the Bench and in the Bar, and in the but must also be a patriot. must be transformed development of the country. • He/she must be willing to sacrifice his She listed the qualities the Chief Jus- time. Dean Antonio Agustin of the School of tice must possess: • He/she must not be loyal to anyone but Law, Manuel L. Quezon University, said to the institution he serves. the lessons of the impeachment trial itself • He/she must know how to truthfully and • He/she must be a Role Model and inspi- can help define the best candidate for the honestly declare his/her assets and li- ration to the students of law. position of Chief Justice. abilities. • He/she must be able to teach law and ju- He said that while age, citizenship or • He/she must know how to prepare and risprudence with critical pride. judicial experience can be documented defend his statements of assets and li- • He/she must always be vigilant. and verified, the constitutional require- ablities. ments of competence, probity, integrity • He/she must know how to properly cite The moral right to judge others and independence would require care- sources lest he/she be accused of pla- ful determination using the candidates' giarism; he/she must observe proper Dean Ernest B. Maceda of the Pa- SALNs, other documents as well as the court decorum. mantasan ng Lungsod ng Maynila Col- public interview. • He/she must know how to foster camara- lege of Law shared the definition of integ- Agustin also discussed the benefits of derie among his peers without compro- rity as "the moral right to judge others." He having an insider or outsider for the top mising the law, integrity and the inde- said integrity is extremely important and SC post. An insider, he said, is already pendence of the Judiciary. must unite with the other equally impor- familiar with the internal systems, pro- • He/she must know how to say NO to his tant qualifications of the candidates. cedures and problems of the Supreme family and friends. He lists the following criteria for the Court. The disadvantage to an insider, he • He/she is one who must interpret the law. position of Chief Justice: said, is he may already be "tainted with • He/she must not decide on or make Judi- the vices" or "been harboring the deadly cial Legislation when in the Bench. • Competence virus infecting the system." On the other • He/she must declare his/her relatives • Knowledge of the Law hand, Agustin said, an outsider, to be re- who will take the Bar. • Respect of Human Rights 6 IBP: Celebrating 40 years, 1973-2013 The bar Tribune • Sensitivity to the needs of the poor lectual capacity must be honed and tested • A Chief Justice must have the ca- • Leadership in the clarity of his logic and the strength pability to implement resolutions • Administrative ability of his discourses, as shown by the deci- with fortitude and patience. • Ability to build consensus sions he has written. One who fastidiously • Probity and integrity are the most • Adherence to the rule of law does his or her homework." crucial qualities that the best can- Solis added that a Chief Justice "must didate should have. Probity means Dean Maceda also underscored earn the awe and respect not only of his uprightness, adherence to the the value of independence as a security peers but of the public that he serves; highest principles, synonymous to against encroachment by other co-equal must possess probity and independence honesty, integrity, morality and vir- branches of government. He clarified, of mind; and must be fearless." Solis said tuousness. however, that independence does not that in order to restore public confidence • Integrity as a firm adherence to mean not being oblivious to public senti- in the judiciary, "he must not only be im- truth, especially moral values, syn- ment. partial and judicious but that he must be onymous to uprightness, probity, publicly perceived to be one and appear morality, righteousness and vir- A leader and scholar impartial and judicious at all times, espe- tuesness. cially in the face of a popular Executive • The best candidate should above Atty. Ronald Olivar Solis, President of and a strong Legislative Leader." all be a GOD-FEARING individual. the Philippine Bar Association, says the The best candidate should not be Chief Justice must be both a leader and Probity & integrity subject of control by any one. He a scholar. must be a man with wisdom and He said a leader "must understand In preparing for the IBP public forum, good conscience, a man of prin- what the Court's problems are, and know former SC Associate Justice and cur- ciple and conviction, a man with how to solve them. He must possess the rent Adamson University College of Law good judgment, and faithful to the imagination and political skills to lead a di- Dean Ma. Alicia Austria-Martinez said Constitution, and a man of integ- vided and often fractious court to work in she sought the views of her relatives and rity, he must have a love of the unison towards quick and effective solu- friends, some of them via text messaging. country, one who will set aside tions to problems that presently confront The best candidate for Chief Jus- self-interest; a person who is able the judiciary." tice, she reiterated, must possess all the to think independently. "As a Leader," Solis added, the Chief qualities cited in the Constitution, such as • A Chief Justice should be God- Justice "must have the concrete vision competence, integrity, probity, and inde- fearing, humble, strong build, hon- about how to go about solving the most pendence. But since the determination of est and has compassion for the pressing problems of the court today; that such qualities is "essentially subjective in poor. A person who lives a simple is, how to decongest the clogged dockets nature," she said the key is for the JBC to lifestyle. Maka-Diyos, may sariling and offer novel and useful ways to speed have an "accurate discernment" of such desisyon, tapat sa servisyo, maka- up trials and prompt resolution of cases." qualities. tao at maka-bayan, dedicated sa "To be able to do this, the Leader- Austria-Martinez expounded on her trabaho at mapagkakatiwalaan, Chief Justice must be savvy and tech- criteria, ranging from the intellectual to the must have experience of all the nologically in step with the many uses of spiritual: subject areas covered by the judi- computers, the internet, and information ciary law. and communication technology which • As to competence, she said the (JESD) make every day life more productive and best candidate should have an efficient in this information age." "above average intellect in the law As a Scholar, Solis pointed out that so that the independence of the ju- the Chief Justice "must be a giant among diciary may be safeguarded, main- intellectuals. His or her exceptional intel- tained and upheld." IBP: Celebrating 40 years, 1973-2013 7 august 2012 IBP CeNtral luzoN CoNveNtIoN: rains No match for spirit and enthusiasm By Aurora G. Geronimo The rains that poured at the de Lima: impeachment was Constitution and serve the country, start of the IBP Central Luzon Re- about public trust the courts and the public. [The full gional Convention failed to damp- text of Secretary De Lima's speech en the spirit and enthusiasm of appears on page 14.] the 260-strong assembly that con- vened on June 28 at the Mimosa Escudero: Convention Hall in Clarkfield, Pam- "Kung walang itinatago, panga. walang dapat katakutan" Governor for Central Luzon Region, Atty. Olivia Velasquez- Jacoba, standing tall and proud and every bit belying five decades The first speaker of the day of law practice and advocacy, was Justice Secretary Leila M. De banged the gavel to signal the start Lima, who found time between of- of proceedings. ficial meetings in Manila to address The presidents of each of the her colleagues in the profession. seven chapters (Bataan, Nue- Secretary De Lima maintained that va Ecija, Bulacan, Pampanga, the recent impeachment trial of for- Meanwhile, Senator Francis Pangasinan, Tarlac and Zambales) mer Chief Justice Renato Corona "Chiz" Escudero, arriving in his sig- came in full force, parading with was not about judicial transpar- nature faded jeans, said he was their chapter pennants, followed by ency or judicial independence, nor deeply saddened that long after the the Regional Officers, National Of- was it a struggle between branch- impeachment proceedings have ficers, Board of Governors, the Na- es of government. It was, she said, been put to rest, the issue was still tional President and Central Luzon about "public service being a pub- a raging topic. local government executives, es- lic trust." Escudero, who has signed a corted by PNP officers. Delegates On yet another plane, Secre- waiver in regard to his bank ac- and guests stood solemnly for the tary De Lima batted for a shift in counts, believes that the standard Invocation, National Anthem and the focus of MCLE (Mandatory that was applied to former Chief the IBP March. Continuing Legal Education) to Justice Renato Corona in the im- teaching lawyers how to uphold the peachment trial should be applied 8 IBP: Celebrating 40 years, 1973-2013 The bar Tribune to everyone in the public service, and Bar Council, namely: 1) to al- tive image for the legal profession with wide disparity between the low live media coverage of the ap- so that it may continue to be an ef- SALN and one's actual assets be- plicants' interviews; 2) to open the fective and unassailable pillar of ing ground for removal from office. selection process to qualified ap- justice and a relevant instrument "Kung walang itinatago, walang plicants from the Bar and Bench for the attainment of a just and hu- dapat katakutan," he declared. and not just to senior members of mane society. Moving forward, Escudero en- the Supreme Court; 3) to require couraged everyone to participate applicants to execute a waiver of Pampanga's native son in the selection of the new Chief confidentiality of bank accounts, in- Justice, saying that the process is cluding SALN, in favor of the JBC; not over until the next Chief Justice and 4) to disclose to the public the is appointed. individual votes of JBC members, including their scoring system, on IBP's CJ selection criteria all qualified applicants. Libarios reiterated that the re- cent impeachment trial has elevat- ed the standards of transparency and accountability and strength- Another legal luminary and ened the rule of law and democ- guest speaker was Pampanga's racy in the country. native son and former Solicitor General Estelito P. Mendoza. Atty. Governor Umali's hope Mendoza recounted with pride how the late President Ferdinand Mar- Meanwhile, National President cos had called him "my loyal law- Roan Libarios told the partici- yer" to illustrate the importance of pants that he was glad to be back a lawyer's relationship with his cli- in Clarkfield. He said that with its ent. Atty. Mendoza delivered a lec- impressive line up of speakers, ture on the subject "Litigation and the convention was headed for the Courts." the same success it achieved two Keynoting the convention was years ago. He also congratulated Senior Associate Justice Antonio the Pampanga Chapter for hosting Pampanga Governor Aurelio Carpio, whose keynote speech the Central Luzon Regional Con- Umali, who was represented by centered on judicial reform. [The vention for the second time. Provincial Administrator Alejandro full text of Senior Associate Justice President Libarios also shared Abesamis, said it was his hope that Carpio's speech at the Central Lu- with the delegates the criteria for convention will remind everyone of zon Convention appears on page the selection of the next Chief Jus- his sworn duty to uphold the truth 10.] tice which the IBP Board of Gov- and the Rule of Law. He called on ernors submitted to the Judicial lawyers to build a strong and posi- IBP: Celebrating 40 years, 1973-2013 9 august 2012 judICIal reForm IN tHe PHIlIPPINes [Speech delivered during the Central Luzon Regional Convention of the Integrated Bar of the Philippines, June 29, 2012] Antonio T. Carpio Senior Associate Justice, Supreme Court cases. Clogged dockets impair social by simply going to the website of the justice, hinder economic development, court. Right now, a litigant with a pend- and erode public confidence in the ing case in the CA can go to the CA Justice System and ultimately in the website, type his case number, and entire Government. instantly he will know if a decision or Trials should ideally take not more resolution has been issued, and if one than two years to finish. At present, has been issued, he can download a 21% of trials take 2 to 5 years to finish, copy. A litigant can also go to the CA and 13% take more than 5 years to fin- compound in Manila where there is a ish. On the other hand, cases should computer kiosk. The litigant can find ideally be decided as prescribed by the out the status of his case by simply Constitution: not more than 24 months typing on the touchscreen of the com- for the Supreme Court, not more puter kiosk the case number or title of than 12 months for all other appellate his case. courts, and not more than 3 months for all other 3 lower courts, all counted c. The Judiciary must adopt a simpli- from the date of submission for resolu- fied trial procedure for all trial courts. tion of the case. At present, the Judi- The present trial procedure, which is ciary does not fully comply with these obsolete, cumbersome and time con- timelines. Since public office is a public suming, is a principal factor for the President Roan Libarios, Central Lu- trust, the Judiciary must account to the clogged dockets of the Judiciary. To zon Governor Olivia Velasco-Jacoba, oth- public for the clogged dockets. eliminate clogged dockets, there has to er Governors and Officers of the IBP, fel- be a sea change in how courts conduct low members of the IBP, my co-workers in 2. The solution to clogged dockets is a trials. Even if courts can comply with the Judiciary and in Government, friends, combination of measures to address the constitutional timelines in deciding a pleasant morning to you all. case management, performance, pro- cases submitted for decision, the trial I wish to thank you for inviting me cedural, case filtering, personnel, and of cases still drags on too long. this morning. Your theme in this Conven- judge-population issues. The way forward is to adopt a sim- tion - Promoting Integrity, Transparency plified trial procedure patterned after and Accountability in the Justice System a. The Judiciary must adopt a com- the four existing special rules adopting - is timely considering that the Judiciary puterized case management system simplified trial procedures, namely: (1) needs to learn, and implement, the les- (CMS) for all courts, from first level the Revised Rule on Summary Pro- sons from the recent impeachment of courts to the Supreme Court. The tem- cedure which has been implemented the former Chief Justice. These lessons plate for this CMS is the two-year old by first level courts in certain cases pertain to integrity, transparency and ac- case management system of the Court for over ten years now, (2) the Interim countability in the Judiciary. Of course, of Appeals (CA), which is widely ac- Rules of Procedure Governing Intra- the Judiciary is only one of the pillars of knowledged worldwide as a success. Corporate Controversies which have the broader Justice System that includes PJ Andres Reyes of the CA estimates been implemented by second level the community as well as agencies of the that by the end of this year 2012, the courts also for over ten years now, Executive branch. CA will comply with the constitutional (3) the Rules of Procedure for Envi- This morning allow me to express my directive that CA cases should be de- ronmental Cases adopted two years personal thoughts on Judicial Reform, cided within 12 months from date of ago, and (4) the Rules of Procedure which inevitably touches on integrity, submission for resolution. We have for Intellectual Property Rights Cases transparency and accountability in the Ju- to thank our development partner, the adopted last year. Sufficient jurispru- diciary. Judicial reform is always a work USAID, for their support in developing dence has developed over these exist- in progress, and the Judiciary must keep the software for the CMS of the CA. ing simplified trial procedures. It is high on building on past initiatives to address time to expand these simplified trial intractable problems as well as emerging b. If the CA can do it - that is, comply procedures to all civil cases. ones. I shall discuss case decongestion, with the constitutional directive - then Thus, in all civil cases not pres- integrity and independence of judges, all other appellate courts, including the ently governed by special simplified transparency and accountability in the Ju- Supreme Court, should be able to do it trial procedures, the direct testimony diciary, infrastructure needs of the Judici- also. A CMS for trial courts, similar to of witnesses shall be by affidavit only ary, compensation of judges, court admin- the CA CMS, will be pilot-tested in all (except for hostile witnesses), subject istration, and training and career path for Quezon City trial courts before the end to cross-examination by the adverse judges. These are my personal thoughts, of this year. If successful, the trial court party. All affidavits of witnesses shall as I do not claim to speak for the entire CMS will be deployed nationwide. be submitted before the start of the tri- Court. The CMS will allow the CJ, PJ, the al. This alone will cut down trial time by Court Administrator and the Deputy at least one-half. Objections to ques- I. CASE dECoNGESTIoN Court Administrators, to monitor on- tions will merely be noted by the judge, line, and in real time, the caseload, ag- who anyway knows what testimony is 1. The number one problem of the Judi- ing, and the rate of disposition of cases admissible or not, unlike jurors in the ciary is clogged dockets, arising from of any judge or justice. The public can jury system. Demurrer to evidence, delays in trial, and delays in deciding also find out the status of their cases motions to dismiss, motions for bill of 10 IBP: Celebrating 40 years, 1973-2013 The bar Tribune particulars, motions for reconsidera- e. The Judiciary must work for legis- cases per first level judge, in Makati tion, motions for extension of time to lation that makes appointment to trial 1,167 cases per first level judge, and file pleadings,and petitions for certiora- courts by level of court, not by specific in Taguig 1,161 cases per first level ri, prohibition and mandamus against branch. Right now, an MTC judge who judge. Clearly, there is a need to reen- interlocutory orders, shall be prohib- wants to transfer as an MTC judge to gineer the distribution of courts in rela- ited, as they are now prohibited in the a neighboring city or municipality must tion to population to insure an equita- four existing special rules adopting go through another appointment, as if ble distribution, and faster disposition, simplified trial procedures.The judge he is applying for the first time. This of cases. This re-engineering requires shall take active part in questioning means he must again be nominated by legislation. witnesses. After trial, the parties shall the JBC and appointed by the Presi- submit their respective memoranda dent, just to be an MTC judge again of facts and law, which the judge may in a neighboring city or town. Every adopt, in whole or in part, in writing his time a judge makes a lateral trans- decision. fer like this, he accumulates political The simplified trial procedure in debts, which weaken his independ- these four existing special rules can ence. be combined with the Guidelines for In the Executive branch, a bureau Litigation now being pilot-tested in Qu- or regional director can simply be as- ezon City trial courts, which simplify signed from one station or region to further the trial procedure in the four another by the department head with- existing special rules on simplified trial out need of a new appointment from procedures. the President. This should also be the In criminal cases, the simplified case in the Judiciary. Once appointed II. INTEGRITY, INdEPENdENCE & trial procedure in the Revised Rule on a first or second level judge by the ACCoUNTABILITY Summary Procedure, which already President, the judge can be assigned applies to crimes where the imposable by the Supreme Court to a particular 1. Equally important as case decongestion penalty is arresto mayor or lower, can branch within the same court level. is how to insure and maintain integrity be applied to crimes where the impos- The Supreme Court should be able and independence among judges and able penalty is prision correccional. to assign and reassign judges within justices. The Constitution mandates The great majority of pending cas- the same court level based on the that judges and justices must have es in first and second level courts are caseload of courts, and the need for integrity (probity) and independence, criminal cases, constituting 80% of all lateral advancement of judges. aside from competence. pending cases. Delays in the trial of criminal cases are largely due to the f. A high vacancy rate in the position 2. The gatekeeper of integrity and in- absence of prosecutors, the absence of judges in trial courts naturally con- dependence is the Judicial and Bar of public defenders, or the absence tributes to clogged dockets. At pre- Council (JBC), which must insure that of prosecution witnesses. While these sent, the overall vacancy rate in first no one who does not possess integrity factors are beyond the control of the and second level courts is 25.6%. This and independence gets into the list of Judiciary, they contribute most to the includes unfunded and unopened trial nominees submitted to the President. congestion of court dockets. The Judi- courts. The vacancy rate in funded If the JBC deems it necessary that ciary will have to work closely with the and opened trial courts, or existing nominees to the post of Chief Justice Executive branch to address this im- trial courts, is 22.4%. These vacancy should execute bank waivers to verify portant issue. rates are quite high, exacerbating the their Statement of Assets, Liabilities already clogged dockets. The vacancy and Net Worth (SALN), and hence d. The Judiciary must strengthen and rate in existing trial courts should ideal- determine their integrity or honesty in expand court-annexed mediation ly be less than 5%, to account only for declaring their assets, then the bank (CAM) and judicial dispute resolution the time needed to fill vacancies arising waiver requirement must also apply (JDR), which filter cases and ensure from normal retirements, promotions to all other applicants to the Judiciary. that only cases that cannot be amicably and resignations. In the United States, This is not an additional qualification settled go to trial. This means setting the vacancy rate in existing federal for the office, but merely a tool to deter- up more mediation units, and training district courts is currently at 10%, and mine the integrity of the applicant, simi- more judges on judicial dispute resolu- they are already talking of a judicial cri- lar to the requirement to submit police, tion. The figures are very encouraging: sis or emergency. The JBC will have to Ombudsman and court clearances. out of 209,165 civil cases mediated find ways to reduce the vacancy rates as of May 2012, the success ratewas in first and second level courts. 3. Decisions of a judge or justice are the 63.76%; and out of 23,979 civil cases best evidence of the competence, in- placed under judicial dispute resolution g. The number of courts in a locality tegrity and independence of the judge as of May 2012, the success rate was must follow a judge to population ratio. or justice. A decision can reveal wheth- 39.53%. Judicial dispute resolution is a Manila, with a population of 1,652,171, er the judge or justice knows his law, second layer filtering mechanism as it has 30 first level courts, or a ratio of whether a judge or justice has favored applies to cases where mediation has one first level judge for every 55,072 a litigant, and whether a judge or jus- failed. In effect, mediation and judicial residents. Makati, with a population of tice has a steely or wimpy decisional dispute resolution, which now apply to 510,383, has 7 first level courts, or a independence. Practicing lawyers can almost 80% of all first and second lev- ratio of one first level judge for every tell, from a collection of decisions of el courts, can filter out 78% of all civil 72,911 residents. a judge or justice, whether the judge cases filed with first and second level Taguig, with a population of or justice has competence, integrity courts. Mediation and judicial dispute 644,473, has only 1 first level court, or a and independence. In constitutional resolution are huge successes in the ratio of one first level judge for 644,473 cases,decisions or opinions of a jus- battle to decongest the dockets of trial residents. This disparity is reflected in tice can reveal whether the justice has courts. the caseloads of first level courts: in decisional independence vis-à-vis the Manila, the average caseload is 242 Executive or Legislative branches. Yet IBP: Celebrating 40 years, 1973-2013 11 august 2012 the JBC has not adequately evaluated parency and accountability policy of es. All courthouses to be constructed decisions of applicants in screening the Supreme Court. This is really a no- in the country should be patterned af- nominees to the Judiciary. The JBC brainer since all these financial reports ter these model courthouses, which in- must give greater weight to decisions are public documents. corporate all the design and equipment of applicants who seek promotion in needed for an efficient and modern the Judiciary. courthouse. The IBP must make its own evalu- ation of the decisions of a judge or jus- 4. Internet connection for all courthouses tice to assist the JBC in determining the is now a necessity. Access to the Su- competence, integrity and independ- preme Court's E-Library will put at the ence of applicants seeking promotion fingertips of all judges nationwide all in the Judiciary. The IBP can submit the jurisprudence and laws they need its own evaluation thru its permanent in writing decisions. The E-Library now representative in the JBC. In this way, contains, in full text searchable format, the IBP will give practical and tangible all Supreme Court decisions from 1901 meaning to the theme of this Conven- to the present, as well as all laws from tion - how IBP can help promote Integ- 1900 to the present. Supreme Court rity, Transparency and Accountability III. INFRASTRUCTURE Circulars and Manuals can also be in the Justice System. found in the E-Library. So are rules and Indeed, other groups with acknowl- 1. Adequate courthouses are necessary regulations of all government agencies edged competence in evaluating deci- for the administration of justice. All ap- that are required to be filed with the sions of judges and justices, like law pellate courts have decent and ade- U.P. Law Center before they can take school faculties and professors, should quate courthouses, but not the first and effect. Decisions of the Supreme Court submit to the JBC their own evaluation second level courts. The existing Halls are uploaded to the E-Library within of decisions of applicants seeking pro- of Justice can accommodate only 22% days from their promulgation. motion in the Judiciary. Law professors of all existing first level courts, and only Every judge and justice will be pro- also have a permanent JBC represent- 51% of all existing second level courts. vided with a USB 3G wireless thumb- ative who can articulate their evalua- This glaring shortage of courthouses drive that, once inserted in his laptop tion. nationwide needs to be addressed. or desktop, will directly connect him The annual GAA must provide a budg- to the Supreme Court website where 4. Once a person is appointed judge or et for a programmed construction, over he can access the E-Library. The trial justice, the gatekeeper function is the next decade, of more courthouses judge can upload his monthly report passed on to the Supreme Court, throughout the country. of pending cases to the OCA section which has the constitutional power to of the Supreme Court website. When discipline judges and justices of lower 2. The City of Manila, founded more than the CMS of trial courts is deployed, the courts. The Supreme Court can cre- 440 years ago, with 104 trial courts, system can automatically upload to the ate permanent administrative tribunals comprising more than ¼ of all trial OCA updates on pending cases and to handle administrative complaints courts in Metro Manila, still does not other data. The USB thumbdrive can- against judges and justices, instead of have a Hall of Justice today. It is re- not be used to go to any website other the present ad hoc investigative bod- ally a shame that the capital city of than the Supreme Court website. The ies. This will expedite the resolution of the Republic does not have a Hall of Supreme Court approved two weeks administrative complaints. Justice. The judges in the City of Ma- ago the procurement of the USB nila continue to hold office and trials in thumbdrives. We have to thank again 5. The leaders of the Judiciary must lead cramped and dilapidated rooms and the World Bank for its support in set- by example. The successful organi- courtrooms. The construction of the ting up the E-Library and in procuring zations are those whose leaders lead Manila Hall of Justice must be revived the USB thumbdrives. by example. The leaders of the Judi- as soon as possible. There is already Incidentally, the E-Library is a ciary, and I refer to the Chief Justice a lot for the Manila HOJ titled in the project that I initiated one year after I and the Associate Justices of the Su- name of the Supreme Court – almost a joined the Supreme Court. It involved preme Court, must be the embodiment one hectare lot at the back of the Ma- scanning all decisions of the Supreme of integrity and independence for the nila City Hall. Court since 1901, as well as all laws rest of the Judiciary to follow. Thus, the since 1900. We scanned, whenever Supreme Court Justices should lead 3. With funding from the World Bank, the available, the original of Supreme in complying with the law by disclos- Supreme Court was able to construct Court decisions and the laws printed in ing their SALNs as mandated by the two model courthouses. The first mod- the Official Gazette. Constitution and the law. The Supreme el courthouse, located in Lapu-Lapu Court has done this as part of the les- City, was inaugurated in December IV. CoMPENSATIoN & BENEFITS sons learned from the recent impeach- 2007. The second model courthouse, ment trial. located in Angeles City, will be inau- 1. There is a saying that to maintain a gurated next week, July 5, 2012. The good judiciary, you must choose your 6. The Judiciaryshould embrace transpar- construction of these two model court- judges well, but above all, you must ency and accountability in governance houses is part of the Judicial Reform pay them well. To choose our judges by publishing its COA Audited Annual Support Program initiated by former well, we have the JBC. But to pay our Reports, its collections and disburse- Chief Justice Hilario Davide in 2001. judges well, we have the salary stand- ments of the Judiciary Development The third and last model courthouse ardization law, which does not distin- Fund (JDF) and the Special Allowance should be the Manila Hall of Justice, guish between judges and non-judges. for Judges (SAJ), as well as all other which should be constructed once the Under the SSL, judges and non- financial reports required by law. If you funding is secured, hopefully with as- judges have the same pay even if they go to the Supreme Court website, you sistance again from our development do not have the same work and re- will see all these reports now posted partner the World Bank, whom we must sponsibility. So how do we resolve this online. This is part of the new trans- thank for the first two model courthous- issue of paying our judges well? 12 IBP: Celebrating 40 years, 1973-2013 The bar Tribune the difference that instead of holding Court appoints the clerks of court. 2. A new law, RA No. 9946, makes the office in Manila, the DCAs will hold of- monthly pension of retired judges fice right in their areas of jurisdiction. 2. The Philja can expand the Pre-Judica- equivalent to the salary of incumbent In short, we simply station the DCA ture Program into a one-year masteral judges. So when incumbent judges get for Mindanao in Davao City and the degree course open even to new law- a salary increase, the monthly pension DCA for Visayas in Cebu City, along yers. You do not have to go abroad to of retired judges, which is tax-free, also with their immediate staff. The DCAs get a masteral degree from a prestig- gets the same increase. There is also can visit the trial judges more often and ious institution. The Pre-Judicature the SAJ under RA No. 9227, which know their problems better. They can Program of Philja will be more relevant entitles judges to a monthly allow- also attend to these problems faster. to practicing lawyers than masteral ance equivalent to 100% of their basic Problems on maintenance of court- courses abroad. Those who complete monthly salary. While the best com- houses and the requisition of supplies the course can be employed as clerks pensation and benefit packages are can be addressed immediately without of courts in first and second level court. those given to officials in government bringing the problem to Manila. Pa- Right now, clerks of court of first level financial institutions, judges are better perwork, like travel authority, leave of courts do not have to be lawyers. With compensated compared to govern- absences of judges, or acceptance of this program, new lawyers can see a ment officials in the regular executive resignations of court employees, need clear career path in the Judiciary start- departments. Even then, the Supreme not be approved in Manila as what is ing with the Pre-Judicature Program. Court must continue to find ways to happening now. This will follow the practice in other improve the compensation package of countries that provide a career path judges and justices. 3. In the future, if there is a need to decen- in the judiciary for lawyers as soon as tralize further the OCA, RCAOs can be they pass the bar. 3. LGUs give judges in their areas month- established gradually starting in fara- ly allowances. This may give rise to a way regions. There is no need, how- I said earlier that the Judiciary must conflict of interest or weakened inde- ever, to regionalize immediately the learn the lessons from the recent im- pendence on the part of judges when OCA. We can first simply physically peachment trial. These lessons touch on the LGU or its officials have cases be- locate the DCAs right in their areas of integrity, transparency and accountability. fore these judges. In one case, LGU jurisdiction. There is one vacant DCA But beyond these, the Judiciary must also officials withheld the monthly allow- now and another one will be vacant be- address other pressing problems beset- ance when the LGU lost a case be- fore the end of the year. By changing ting the Judiciary, like clogged dockets, fore one of the judges. To remove this the job description of two DCAs, one to inadequate infrastructure and facilities, conflict of interest issue, one province be stationed in Mindanao and another the need for competitive compensation for decided to give a monthly lump sum in the Visayas, we can expeditiously judges, over-centralization of court admin- to the Supreme Court, for the Court decentralize the OCA into three areas istration, and the need to provide training to allocate to the judges in that prov- - Luzon, Visayas and Mindanao. and career path for judges. I am happy to ince. This should be the template for share with you this morning my personal all financial assistance to be given by VI. TRAINING ANd CAREER PATH FoR thoughts on Judicial Reform, involving LGUs to judges - the financial assis- JUdGES ideas accumulated from more than a dec- tance should be given direct to the Su- ade of service in the Supreme Court, and preme Court for the Court to allocate to 1. There are many who have passed the from knowledge acquired in implement- judges stationed in the particular LGU. very tough Pre-Judicature Program ing, observing or studying Judicial Reform of the Philippine Judicial Academy programs, in the Philippines and in other V. AdMINISTRATIoN oF TRIAL (Philja). However, they have not been countries. I share these thoughts with you CoURTS employed in the Judiciary. The JBC because Judicial Reform is too big to be rules provide that those who pass the undertaken by the Judiciary alone. Judi- 1. First and second level courts nation- Pre-Judicature shall enjoy preference cial Reform can happen only with the co- wide are administered by the Office of in the selection of nominees for vacan- operation of all stakeholders in the Justice the Court Administrator (OCA), which cies in the lower courts. But many of System – the Judiciary, the Executive and is under the Supreme Court. The OCA them are not appointed as judges even Legislative Branches, the Bar and the is centralized in Manila and there are if they are included in the JBC list sub- public. All stakeholders must work ear- no decentralized offices in the regions, mitted to the President. The Supreme nestly together because a well-functioning other than the now defunct pilot Re- Court can give them preference in the Judiciary is essential for good governance gional Court Administration Office appointment of clerks of court, which and for the economic development of our (RCAO) in Region VII. The Judici- will give them more preparation for country. Judicial Reform is simply too im- ary is probably the only government appointment later as judges. This can portant to fail. Thank you, and once again, agency, with extensive operations in easily be done since the Supreme a good day to all. all regions nationwide, that has not yet regionalized. You can just imagine the problems, in terms of logistics, fi- nance, maintenance, and personnel, in administering all trial courts nationwide from one central office in Manila. 2. The OCA used to have one DCA for Mindanao, and another DCA for the Visayas. Today, the DCAs are as- signed to a mix of regions nationwide, which means they travel to regions in Luzon, Visayas and Mindanao, while holding office in Manila. The OCA should go back to the old set-up, with IBP: Celebrating 40 years, 1973-2013 13 august 2012 From HuBrIs to HumBle servICe: a lawyer's CHoICe [Speech delivered during the convention of the Integrated Bar of the Philippines Central Luzon Region, June 28, 2012, Mimosa Convention Hall, Clark Field, Pampanga.] Leila M. de Lima Secretary, Department of Justice and compromised from within? text, and moving forward with a clear un- In truth, the issues were much more derstanding of why things unfolded the ordinary than what they were hyped up to way they did, is the key to restoring the be. What was at stake was personal rath- nobility and glory of our profession. er than institutional. It was, and always Let's face it, we may all say that the will be, about the integrity, transparency IBP and its members are in favor of pro- and accountability of one man - his worthi- moting integrity, transparency and ac- ness of the people's trust and confidence. countability in the justice system - but how It was one person who was on trial, and it many people will actually believe that we was that same person who was adjudged mean what we say? accountable. In a society that has become notori- Any attempt to make it about the in- ously distrustful of lawyers and judges, dependence of the judiciary, or the honor where our supposed lack of integrity as a of the Supreme Court as an institution class underlies every punch line of virtu- is to betray a lack of understanding and ally all lawyer jokes ever conceived, it has respect for our Constitution, and for the become too easy for ordinary people to Filipino people who ordained and promul- believe the worst about members of the gated it. There was so much talk of the Bench and Bar. Everyone hates dealing principle of separation of powers, yet the with us, and everyone, especially the poor equally Constitutionally entrenched coun- and underprivileged, dreads having to tervailing principle of checks and balanc- deal with the justice system, which they Good morning, ladies and gentlemen! es was conveniently forgotten. Cannot have come to believe was labeled ironi- It is an honor and a pleasure to be among the two other branches of government cally. the members of the Integrated Bar of the perform the sacred duty vested in them Can we blame them? Unfortunately, Philippines (IBP) of Central Luzon, and by the Constitution to keep one another no. People only react to what they see, most especially to be a part of your Re- in check without being accused of over- and what they see is an ineffective sys- gional Convention during such a critical stepping their boundaries and of having tem, unresponsive to their needs, and period for all of us belonging to the legal ill motives? To paraphrase and apply by afflicted with systemic and endemic cor- profession! analogy Justice Jose P. Laurel's land- ruption. It may be unfair, I know, but not The past six or so months have been mark pronouncement, when the execu- difficult to understand. Undoubtedly, there characterized with conflicts so momen- tive and the legislature do their respective are still some honest, hard-working men tous they've pitched our ranks into ap- constitutionally enshrined duty to ensure and women who are dedicating their lives parent dissension, with one side pitted the accountability of impeachable public to making the system work - in fact, I against the other, seemingly championing servants, they do not assert any superior- would hazard to state that there are more different causes. One side's battle cry was ity over the judiciary, but only asserts the good than bad lawyers and judges out for transparency and accountability, while solemn and sacred obligation assigned to there. But, as the adage goes, it takes but the other's was about judicial independ- them by the Constitution to uphold the ba- one rotten apple to spoil the bushel. ence and its refusal to succumb to the al- sic and fundamental principle that public We have to see and understand ex- leged attempt by the Executive Branch at service is a public trust. actly what went wrong for us to have a subjugation, supposedly in collusion with Yes, I am well aware that we are past fighting chance of regaining the honor members of the Legislature. that stage now, so you must be wondering and pride we've always associated with I, however, never bought into the at- why I would start my message by recount- our titles, whether it be "Attorney" or "Your tempt to characterize the issues of the last ing such events, which some may wish to Honor". few months into such a dichotomy. No one forget entirely. Perhaps that is precisely what's wrong who truly understood the issues, purely I do so not to unnecessarily belabor in our profession. We earn our degrees, and without attempts at sensationalism, the fall from grace of one man, but to drive we pass the bar, and we get those four could help but see that it was never about the point that though the post he once letters "A-T-T-Y" attached to our name factions in the legal profession. It was held, that of Chief Justice of the Republic and, suddenly, we have instant stature, never a struggle between competing prin- of the Philippines, is undoubtedly as pow- rank and semblance of respectability - ciples. It was never about a constitutional erful as any position can get in our system even though we may have yet to really ac- crisis or a struggle for supremacy among of government, his removal from office complish anything for society to truly earn the three branches of government. It was does not solve the problems that plague such respectability and stature. It's this never about choosing between transpar- our judicial system. The impeachment tri- hubris and sense of entitlement that has ency and accountability on the one hand, al and the resulting verdict are not meant perhaps spoiled our perception of who and judicial independence on the other - to be the panacea that would, somehow, we are. We forget that when we took our for truly, what good will judicial independ- magically make everything alright again. lawyer's oath, we have effectively entered ence do for our people if it were corrupt However, seeing it in the proper con- a profession that is about service and not 14 IBP: Celebrating 40 years, 1973-2013 The bar Tribune about being served. We get so used to the er than the common good and the Rule of important point I wish to make: that is, deference shown to us by people that we Law. But, in truth, those in private prac- it doesn't matter as much as we think it forget that a huge part of the weight that tice - whether they belong to a big firm or does. our title brings comes from the weight of are conducting a solo practice - have the Of course, it is important to choose our obligations to our country, to the Con- same obligations, regardless of the fact the right person for the post, but we have stitution, to the laws, to the courts, to the that they have the particular interests of to understand that whoever will ultimately people, whether they be our clients or not their clients to serve. be hailed as the 24th Chief Justice, he or and, yes, to God. We say that the IBP is for promot- she is not the be all and end all of the ef- People have learned long ago that ing integrity, transparency and account- forts to reform the judiciary. just because one is called "Honorable" ability in the justice system, but just how In fact, the most effective and en- and "Your Honor" does not mean that one many advocates actually come before the during reform efforts are those that are is necessarily so in truth and in fact. That's courts with an earnestness to prove their built from the ranks of practicing lawyers, probably the best known form of "legal fic- legal skills in presenting the merits of their whether in the public or private sector - tion" they've come to be unwittingly famil- cause and are anxious about the verdict, that's us. If we spent as much time reflect- iar with. The only question is whether we, and how many come in confident of win- ing on what kind of lawyers we ought to ourselves, in the midst of all these tradi- ning their clients' cause, not because of be, not the kind that would best serve our tions, rituals and ceremonies, have suc- their legal acumen, but because, some personal interests, as we do speculating cumbed to the delusion that just because way, somehow, they've already secured as to who the next Chief Magistrate would people tend to be awed and subservient judgment in their favor? be, then that is, by itself, going a long way towards us in our dealings with them in If there is corruption in the judiciary, towards reforming the justice system. The our professional capacity, that we are, and there are judges whose integrity de- Bench will correct itself if the Bar toes the somehow, better than we really are, or serves close inspection, it is inevitable that line. that we are, in any way, superior to them. we will discover that there are members Can we do that? I do not ask this of Thus, the arrogance and the sense that of the IBP who are tolerating, condoning the IBP as a body, but of each of you as we are, somehow, above the law and can- and, yes, profiting from the weakness in individuals. not be held accountable for our faults. the system. You do not need to answer to me, or Since this Regional Convention is We can, as a body, as members of to your colleagues, or even to your par- also about the continuing legal education the IBP, pronounce that we are in favor ents, spouses, or your children. of our colleagues, I take this opportunity of promoting integrity, transparency and You only need to answer to yourself. to propose a paradigm shift in the ethical accountability in the justice system. But Can you do it? Can you promise to toe and professional education of the mem- do we all, as individuals, mean it? Sincer- the line, respect the Rule of Law, and do bers of the Bench and Bar. ity is the key, which is why, even weeks honor to the profession you chose to be- We have to be trained to serve, not after the Senate, sitting as an Impeach- come a part of? Can you keep your vows, groomed to expect reverence and defer- ment Court, rendered its verdict, we can- as you yourself said, in good fidelity? ence. We have to replace professional not truly say that this battle is behind us. Think about it. Think long and hard pride, with humble service. We have to No, in fact, it is only beginning, and the before you answer. And before you finally earn a real sense of honor, rather than next difficult phase is to gauge the sincer- do answer, know that, in the end, every- taught to expect the empty platitudes that ity and worthiness of the candidates for body pays his or her dues - one way or the mean less than nothing if the recipient of the post of Chief Justice of the Supreme other; willingly or unwillingly; with or with- the gesture is in fact unworthy. Court, and to find that rare individual who out honor. The impeachment of the Chief This applies equally to those who are can effectively lead the embattled institu- Magistrate ought to be proof enough of in private practice, as to those who are in tion. One who has the competence, the that. public service. It may be tempting to think leadership qualities and the moral forti- How do you want to pay yours? that it is those who are in public service tude to show the world what a truly honor- Through a fall from grace due to exces- who have a greater responsibility; that it able Chief Justice can accomplish. sive hubris? Or with honor through hum- is only they who have sworn to protect the In the end, no matter who will be ble service? weak and innocent. True, they may be in chosen, it would be a leap of faith, for no That's the question. That's the only a better position to keep their vows best; one truly knows what will happen in the question. after all, those in the public service, like future, or read what's in the heart of the myself, are meant to serve no interest oth- candidates. But this brings me to the most IBP: Celebrating 40 years, 1973-2013 15 august 2012 meet tHe NomINees ABAd, RoBERTo BAUTISTA, JUAN BRIoN, ARTURo CARPIo, ANToNIo AFAN ANdRES doNATo dIZoN TIRoL Years in the Practice of Law: Years in the Practice of Law: Years in the Practice of Law : Years in the Practice of Law : 21 years 21 years 35 years 36 years • Date of Birth: May 22, 1944 • Date of Birth: Mar. 28, 1964 • Date of Birth: Dec. 29, 1946 • Date of Birth: Oct. 26, 1949 • Place of Birth: Tondo, Manila • Place of Birth: Quezon City • Place of Birth: Manila • Place of Birth: Davao City • Age: 68 • Age: 48 • Age: 65 • Age: 62 • Bar Examination Rating : • Bar Examination Rating: • 1st Grade Civil Service • Bar Examination Rating: 81.70 percent 86.90 percent Eligible 85.70 (6th place) • Year Taken: 1968 • Year admitted to the Bar : • Bar Examination Rating: • Year Taken: 1975 • Year admitted to the Bar : 1991 91.65 (Topnotcher) • Year admitted to the Bar: 1968 • Admitted to New York State • Year Taken: 1974 1976 Bar: 1995 • Year admitted to the Bar: Educational Attainment 1975 Educational Attainment Educational Attainment • Ateneo De Manila University Educational Attainment • University of the Philippines - Bachelor of Laws • Harvard Law School - College of Law (Dean's Lister) - LLM (1993) • Osgoode Ball Law School - 1970 to 1975 - 1964 to 1968 - President, LLM Student - Master of Laws - Cum Laude • Manuel L. Quezon University Council - 1994 • Ateneo De Manila University - AB - Research Assistant to • Ateneo De Manila University - AB Economics - 1960 to 1964 Professor Lawrence Tribe - College of Law - 1965 to 1970 • Ateneo de Manila University - 1970 to 1974 Professional Experience - College of Law (1986 to - Cum Laude Professional Experience 1990) Valedictorian • San Pablo Colleges • Associate Justice of the - Gold Medal for Academic - 1969 to 1970 • Associate Justice of the Supreme Court (Aug. 2009 Excellence - AB Mathematics Supreme Court (Oct., 2001 to present) to present) • Assistant Solicitor General Professional Experience Professional Experience • Partner, Carpio, Villaraza & (July 1985 to July 1986) Associates (1997 to 2001) • Chairman, Presidential Com- • Associate Justice of the Teaching / Academic mission on Good Govern- Supreme Court (March 18, Teaching / Academic Experience ment (Sept. 2010 to present) 2008 to present) Experience • President and CEO, Shang • Secretary, Department of • Dean of the Faculty of Civil Properties (Sept. 2006 to Labor and Employment (July • University of the Philippines Law June 2010) 3, 2006 to Mar. 17, 2008) College of Law - University of Santo - Professional Lecturer Tomas Teaching / Academic Teaching / Academic - 1983 to 1992 - Taught Civil Procedure, Experience Experience - Taught Corporation Criminal Procedure, Spe- Law, Negotiable In- cial Proceedings, Evi- • DLSU-FEU • Far Eastern University Insti- struments Law, Credit dence and Legal Forms - MBA-JD Dual Degree tute of Law Transactions, Taxation • Bar Reviewer for Ateneo De Program (RCBC Campus - Faculty Member Manila University and UST. - May 2003 to Present - 2005 to 2006 Also lectured at Pamantasan - Dean of Law Program - Taught Practicum: Intro- ng Lungsod ng Maynila. - Lecturer in Constitutional duction to Study of Law Law (Part time) 16 IBP: Celebrating 40 years, 1973-2013 The bar Tribune meet tHe NomINees CAGAMPANG- dE CASTRo, dE LIMA LEILA NoRMA dIokNo, JoSE dECASTRo, SoLEdAd TERESITA LEoNARdo EULALIA JoSEFA, MANUEL ICASIANo MANTERoSo MAGISTRAdo Years in the Practice of Law : Years in the Practice of Law : Years in the Practice of Law : 39 years Years in the Practice of Law : 24 years 43 years 26 years • Date of Birth: Oct. 8, 1948 • Date of Birth: Feb. 23, 1961 • Date of Birth: Dec. 15, 1944 • Place of Birth: Manila • Date of Birth: Aug. 27, 1959 • Place of Birth: Not cited • Place of Birth: Cabadbaran, • Age : 63 • Place of Birth: Iriga City, • Age: 51 Agusan del Norte • Bar Examination Rating: 80.9 Camarines Sur • 1st Grade Civil Service • Age: 67 • Year Taken: 1972 • Age: 52 Eligible • Year admitted to the Bar: • Bar Examination Rating: • Bar Examination Rating: not Educational Attainment 1973 87.0150 indicated (1987) • Year Taken: 1985 • University of Michigan Law Educational Attainment • Year admitted to the Bar: Educational Attainment School 1986 - Doctor of the Juris- • University of the Philippines • Northern Illinois University prudence at Science - Bachelor of Laws Educational Attainment - Juris Doctor of Laws (1976) - 1968 to 1972 - Magna Cum Laude, • University of Michigan Law - Certificates of Merit for • San Beda College American Jurisprudence School Academic Excellence, - Bachelor of Laws Award for Judicial Ex- - Master of Laws (1972) among the top 4 gradu- - 1980 to 1985 cellence in the study of • Harvard Law School ates - Class Salutatorian contracts - Master of Laws (1971) • University of the Philippines - Faculty Award • University of the Philippines • UP College of Law - Bachelor of Arts • De La Salle University - Bachelor of Arts in - Bachelor of Laws - 1964 to 1968 - AB History-Political Sci- Philosphy - Cum Laude (Class Val- - Cum Laude ence (1976 to 1980) edictorian) Professional Experience • Holy Ghost College Professional Experience Professional Experience - AB English and History • Dean, DLSU College of Law (1960 to 1964) • Associate Justice of the • Secretary of the Depart- • 2010 to 2012 - Magna Cum Laude Supreme Court (December, ment of Justice (July 2010 to • Private Practitioner, Alumni 2007 to present) present) Center, University of the Professional Experience • Presiding Justice, Sandigan- • Chairperson, Commission on Philippines Diliman (2006 to bayan (December 15, 2004 Human Rights (May 2008 to 2012) • Consultant, De Castro & to December 3, 2007) June 2010) • Executive Director, Diokno Cagampang-de Castro Law Law Center, 2006 to 2012 Firm (2011 to present) Teaching / Academic Teaching / Academic • Partner, De Castro & Experience Experience Teaching / Academic Cagampang-de Castro Law Experience Offices (2007 to 2011) • University of Perpetual Help • San Beda College of Law of Rizal, Las Pinas City - 2006 to 2007 • De La Salle University Teaching / Academic - 2001 to 2004 - Taught Election Laws - Full time Professor Experience - Taught Criminal Pro- - Part-time semestral - 2010 to 2012 cedure, Public Inter- contract • Ateneo Law School • Philippine Christian Univer- national Law, Private - Part time professor sity College of Law (2010 International Law (Con- - 1992 to 1994 - 2003 to 2010 – 2011) flict of Laws) and Legal - Taught Transporta- • Lyceum of the Philippines - Counseling tion laws and Business Professional Lecturer (2005 (Part time) Organization to 2009) (Part-time) semestral contract IBP: Celebrating 40 years, 1973-2013 17 august 2012 meet tHe NomINees HERBoSA, TERESITA JARdELEZA, FRANCIS LEGARdA, MARIA MoRALES, RAFAEL JAVIER HUISING CARoLINA TRINIdAd AVELINo Years in the Practice of Law : Years in the Practice of Law : Years in the Practice of Law : Years in the Practice of Law : 33 years 35 years 32 years 37 years • Date of Birth: Oct. 28, 1950 • Date of Birth: Sept. 26, 1949 • Date of Birth: Sept. 10, 1954 • Date of Birth: March 3, 1951 • Place of Birth: Manila • Place of Birth: Jaro, Iloilo • Place of Birth: Manila • Place of Birth: Calbayog City • Age: 61 • Age: 62 • Age: 57 • Age: 61 • Bar Examination Rating: • Bar Examination Rating : • Bar Examination Rating: 84.4 • 1st Grade Civil Service 88.1325% (18th place) 88.35 (Third Placer) percent Eligible • Year Taken: 1977 • Year Taken : 1974 • Year Taken: 1980 • Bar Examination Rating: • Year admitted to the Bar: • Year admitted to the Bar : • Year admitted to the Bar: 87.79 percent 1978 1975 1981 • (Year Taken : 1974) • New York Bar (Admitted by Educational Attainment Educational Attainment Educational Attainment Motion - 1986) • University of Michigan Law • Harvard Law School • University of the Philippines Educational Attainment School - Master of Laws (1976 to - Bachelor of Laws - Master of Comparative 1977) - 1976 to 1980 • University of Michigan Law Degree (1980) • UP College of Law - 5th in class - Master of Laws (1977 to • University of the Philippines - Bachelor of Laws (1970 • University of Bristol, England 1978) - DeWitt Fellow College of Law to 1974) - BA History • UP College of Law - Bachelor of Laws (1978) - Salutatorian / Cum - 1972 to 1975 - Bachelor of Laws (1970 - Cumlaude/Salutatorian Laude to 1974) • University of the Philippines • UP Iloilo College Professional Experience - Cum Laude, Class Val- - 1968 to 1972 - Political Science (1965 edictorian - AB Political Science to 1969) • Senior Vice President-Chief • University of the Philippines - Most outstanding gradu- Legal Counsel, GSIS (March - AB Political Science Professional Experience ate 2012 to present) (1966 to 1970) Cum • Project Management Team Laude • Chairperson, Securities and Professional Experience Leader, International Justice Exchange Commission (May Mission (2012 to present) Professional Experience 2011 to present) • Solicitor-General, Office of • Angara Abello Concepcion the Solicitor General (Feb. Teaching / Academic • Partner, Salazar Feliciano Regala & Cruz Law Offices 2012 to present) Experience Hernandez & Castillo (Janu- (ACCRALAW) • Deputy Ombudsman for ary 1983 to present) - Partner-charge of Luzon, Office of the Ombuds- • De La Salle University Manila • Foreign Attorney, Anderson finance January 2011 to man (July 2011 to Feb. 2012) - 2009 to date Mori & Rabinowitz (now April 15, 2011 - Professional Lecturer, known as Anderson Mori & Teaching / Academic College of Law Tomotsune) - (1984 to 1986) Teaching / Academic Experience • University of the Philippines Experience - 2003 to date - Profes- Teaching / Academic • UP College of Law sor, College of Law Experience • Lyceum University of the - Professional Lecturer • Lyceum University of the Philippines (2010 - 2011) Philippines • UP College of Law - 2010 to 2011 - Taught Administrative - 2008 to date - Professional Lecturer - Taught Criminal Pro- Law and Civil Procedure - Professor, College of (1997 to present) cedure and Special - 1st Semester of SY Law - Is teaching Banking and Proceedings 2009-2010 Financial Law, Corpora- - Taught Constitutional tion Law, Legal Ethics, Law 1 Selected issues in Com- mercial Law 18 IBP: Celebrating 40 years, 1973-2013 The bar Tribune meet tHe NomINees PANGALANGAN, SARMIENTo, RENE SERENo, MARIA SIAYNGCo, MANUEL RAUL CANo VERGARA LoURdES PUNZALAN dE JESUS ARANAL Years in the Practice of Law : Years in the Practice of Law : Years in the Practice of Law : 28 years 35 years Years in the Practice of Law : not cited 25 years • Date of Birth: Sept. 1, 1958 • Date of Birth: Dec. 15, 1953 • Date of Birth: Oct. 30, 1949 • Place of Birth: Manila • Place of Birth: Bato, Cat- • Date of Birth: July 2, 1960 • Place of Birth: Manila • Age: 53 anduanes • Place of Birth: Manila • Age: 62 • Bar Examination Rating: 83.8 • Age: 58 • Age: 52 • First Grade (Professional percent • Bar Examination Rating : • Bar Examination Rating: 89 exam) Rating: 95.62% - Year • Year Taken: 1983 76.35 percent • Year Taken: 1984 Taken: 1976 • Year Taken: 1978 • Year admitted to the Bar: • Teachers Board Exam Rat- Educational Attainment • Year admitted to the Bar: 1985 ing: 81.92% Year Taken: 1979 1978 • Harvard Law School Educational Attainment • Bar Examination Rating: - 1987 to 1990 SJD Educational Attainment 75.70% (Charles Summer Prize) • University of Michigan • Year Taken: 1986 - 1985 to 1986 LLM (John • UP College of Law - Master of Laws Laylin Prize) - Bachelor of Laws (1974 - 1992 to 1993 Educational Attainment • UP College of Law to 1978) • School of Economics, U.P. - Bachelor of Laws - 1979 - President, Law Student - 1991 to 1992 • UP College of Law to 1983 Government - 18 Units in the Master - Bachelor of Laws (1981 • University of the Philippines • San Beda College of Arts in Economics to 1986) - 1974 to 1978 - AB Political Science Program • San Carlos Seminary - AB - Cum Laude, Dean's (1970 to 1974) • UP College of Law - Bachelor of Arts (1965 to Medal for Leadership - Magna Cum Laude, Rec- - 1980 to 1984 1969) Excellence tor's Award - Valedictorian Cum Laude - Masters in Philosophy • Ateneo De Manila University and Theology (1969 to Professional Experience Professional Experience - 1976 to 1980 1972) - Bachelor of Arts in Eco- • Chairman, Bantay Katarun- • Commissioner, COMELEC nomics Professional Experience gan (2006 to present) (2006 to present) • Professor of Law, UP (1984 • OIC Presidential Adviser on Professional Experience • Presiding Judge, Regional to present) the Peace Process (2005 to Trial Court - Bulacan (June 2006) • Associate Justice of the 2001 to December 2011) Teaching / Academic Supreme Court (Aug 2010 to • Presiding Judge, Metro- Experience Teaching / Academic present) politan Trial Court - Malolos Experience • Exec. Director, Asian Insti- (June 1995 to May 2001) • UP College of Law tute of Management (Feb., • Provincial Legal Officer, - Professor of Law (1984 • San Beda Law 2009 - Aug. 2010) Provincial Government of Bu- to present) - Faculty Member (2006 to lacan (June 16, 1988 to June - Teaches Constitutional present) Teaching / Academic 4, 1995) Law, Public International - Teaches Political Law Experience Law Review, Constitutional Teaching / Academic - Taught Obligations and Law, Evidence, Legal • Philippine Judicial Academy Experience Contracts, Public Offic- Philosophy, Election Law - Lecturer ers, Labor Relations, • PUP College of Law - 2004 to 2008 • Marcelo H. Del Pilar, Profes- Social and Welfare Leg- - Professor (2001 to 2006) - Taught Law and Eco- sor (Nov. 2002 to Oct. 2007) islation, Human Rights - Taught Constitutional nomics • Centro Escolar University, and Humanitarian Law Law, Human Rights Professor (June 1979 to and Legal Theory Law, Legal Ethics, Legal March 1986) Writing IBP: Celebrating 40 years, 1973-2013 19 august 2012 meet tHe NomINees VALdEZ, AMAdo VELASCo, VILLANUEVA, CESAR ZAMoRA, RoNALdo doMINGo PRESBITERo JR., LAPUZ BAYAN JoSE Years in the Practice of Law : Years in the Practice of Law: Years in the Practice of Law : 42 years Years in the Practice of Law : 28 years 42 years 39 years • Date of Birth: May 5, 1946 • Date of Birth: May 8, 1952 • Date of Birth : Dec. 4, 1944 • Place of Birth: Pangasinan • Date of Birth: Aug. 8, 1948 • Place of Birth: Angeles City • Place of Birth : Manila • Age: 66 • Place of Birth: Pasay City • Age: 52 • Age: 67 • 1st Grade Civil Service • Age: 63 • Bar Examination Rating: • Bar Examination Rating: Eligible • Bar Examination Rating: 90.15 (2nd place) 87.3 (Topnotcher) • Bar Examination Rating: 85.85 • Year Taken: 1981 • Year Taken: : 1970 80.65 percent • Year Taken: 1971 • Year Taken: 1969 • Year admitted to the Bar: Educational Attainment Educational Attainment 1972 Educational Attainment • Harvard Law School • UP College of Law Educational Attainment - Master of Laws (1988 to - Bachelor of Laws • University of the East 1989) - 1965 to 1969, Magna - Bachelor of Laws • University of the Philippines • Ateneo De Manila University Cum Laude - 1966 to 1969 - College of Law - Juris Doctor (1977 to • Manuel L. Quezon University - 1967 to 1971 1981) • University of the Philippines - 1965 to 1966 - 8th in 1971 graduating - Cum Laude / Valedicto- - Bachelor of Arts Political • MLQU/Northeastern College class rian Science - 1963 to 1965 • University of the Philippines • San Beda College - 1961 to 1965, Magna - 1961 to 1962 - AB Political Science - Diplomate in Juridical Cum Laude - 1964 to 1967 Science (2004 to 2005) Professional Experience Professional Experience Professional Experience Professional Experience • Dean, UE College of Law, • Chairman, Cagdianao Mining (2005 to present) • Associate Justice of the • Senior Founding Partner, Corporation (January 1, 2012 • Member, Board of Regents, Supreme Court (March 18, Villanueva Gabionza & De to present) Universidad de Manila (2007 2006 to present) Santos Law Offices (July • Chairman, Rio Tuba Nickel to present) • Chairperson, House of Rep- 1990 to present) Mining Corporation (July • Member, Board of Regents, resentatives Electoral Tribu- • Dean, Ateneo de Manila Law 2010 to January 2012) Laguna State Polytechnic nal (June 2011 to present) School • Member, Board of Direc- University (2006 to 2010) • Court Administrator (Septem- • Chairman, Commercial Law tors, Nickel Asia Corporation ber 2001 to March 2006) Department, Philippine Judi- (January 2011 to present) Teaching / Academic cial Academy (April 2004 to • Senior Partner, Zamora Po- Experience Teaching / Academic present) blador Vasquez and Bretaña Experience • Director/Corporate Secretary, Law Offices (January 1987 to • UE College of Law PhilJa Dev. Corp. Inc. (July present) - Part time (1993 to pre- • Raising the Bar Competence, 2003 to present) • Representative, San Juan sent) Integrated Bar of the Philip- City, House of Representa- - Civil/Polital/Remedial pines 9th National Conven- Teaching / Academic tives (July 1, 2001 to June Law tion Experience 30, 2010; June 30, 1998 to • FEU-DLSU Dual Degree • Civil Disobedience, Philip- June 30, 1992) Program pine Law Journal • Ateneo School of Law Dean - Part time (2005 to 2008) (2004) - Taught Legal Ethics and • Ateneo School of Law As- Conflict of Laws sociate Dean for Academic Affairs (2000-2004) [With materials from inquirer.net and IBP archives.] 20 IBP: Celebrating 40 years, 1973-2013 The bar Tribune "NoTHING LESS THAN HISToRIC," was how a social media blogger excitedly described the two-part IBP public forum on the search for the next Supreme Court Chief Justice. For the first time ever in the history of CJ selection, the public saw the nominees up close and listened to their judicial philosophies and reform agenda. The Bar Tribune is pleased to publish the full text of the presentations of the nine qualified CJ nominees who participated in the July 20 IBP public forum. tHe Need For CHaNges IN our legal system Roberto A. Abad Associate Justice, Supreme Court I. THE MAkING oF THE LAWYER the graduates in that year were ready for ing with the Legal Education Board, is my multiple choice exams. considering the possibility of reducing the Since the lawyer is the basic human But we retained an essay portion to number of Bar subjects from 8 to 4 so law component of our legal system, any se- test the examinees' lawyering skills. We schools could free more units in the third rious reform must begin with preparing required them to prepare one trial memo- and fourth years of schooling and tune and qualifying him for the practice of the randum and one legal opinion based on them to specific career paths in litigation, profession. Everybody complains about given case problems. We added a little adjudication, and commercial practice. the legal and moral bankruptcy of our law- library of applicable laws and Supreme yers, but very little has been done about Court rulings. Four examiners graded II. A NEW SYSTEM FoR HEARING ANd training and screening them. each of the two essays, thus minimizing dECIdING CASES Last year, the Supreme Court took a subjectivity in corrections. We measured small step in that direction. It changed the the examinee's ability to put the relevant Studies show that 75% of our people format of the Bar exams to attune it to our facts together, identify the issues in the live in crowded cities. Consequently, the needs. The essay kind of Bar exams that case, and craft persuasive arguments. occasions for human conflict are unavoid- you and I took was good when the exami- Because of the introduction of this kind able. nees were a few hundreds. But with more of essay exams, law schools have begun The records show that our courts in than 6,000 examinees per year, the grad- to shift the direction of teaching students these cities are drowning in cases. Many ing of essays had become haphazard. from just learning the law to practicing it. have 1,000 plus cases each. They hear In 2004, the Court assisted by Ameri- When we took our bar exams, we 30 to 60 cases a day. Our courtrooms can experts approved the giving of the memorized ridiculously useless things are full. Some litigants have to wait out- universally accepted multiple choice because none of us knew from where the side to be called. Cases take from 3 to 5 questions. But with law schools object- questions would come. We put an end to years, at times up to 8 or 9 years or more ing, implementation failed. In late 2009, this senseless torture. We asked experts to hear and decide, inflicting a sense of on learning that I would chair the 2011 from the UP Law Center to draw up in hopelessness over our justice system. Bar Exams, I knew what I needed to do. each subject a syllabus of topics relevant Because of so many ridiculously long and I spoke to over 1,500 law professors in to law practice. We gave these to the ex- repeated postponements, complainants campuses all over the country and taught aminees and asked no questions outside in criminal cases simply give up coming them how to prepare multiple choice ques- the syllabus. to court. As a result, 40 out of every 100 tions for their classroom tests. By 2011, Our Committee on Bar matters, work- persons accused of crimes walk free. Vic- IBP: Celebrating 40 years, 1973-2013 21 august 2012 tims of crimes find no speedy justice in our to endure beginning-to-end testimonies. ties and (2) the factual and legal issues courts. He knows from the pleadings the facts that he needs to resolve. At the prelimi- The consequences of delays in civil that are admitted, and the facts that re- nary conference, the judge and the par- actions are dire. Few foreign business- main in issue. ties will finalize the case summary, agree men make long-term investments in our We tinkered with the possibility of on the order in which the factual issues country because our courts cannot pro- adopting a one-time face-to-face hearing will be heard, and identify the needed wit- vide protection to their investments. of cases that tribunals in other countries nesses. Result: we do not attain economic are employing to solve problems of delay. All the facts that the parties allege in growth; our people remain poor. But before recommending the proposal to their pleadings and affidavits, when not What causes these terrible delays in the Supreme Court, we opted to bring it to put in issue, shall be deemed admitted or our justice system? There are many caus- those that would be affected for consulta- regarded as irrelevant. es. Our courts are few. Prosecutors and tions. Thus, we presented the proposed public attorneys are few. Our system for change to the Integrated Bar of the Philip- oNE FACE To FACE HEARING hearing and deciding cases is slow and pine (IBP). cumbersome. We could do nothing about "One-time, face-to-face hearing???" The court will then set the case for our shortage in number of courts, and the they asked. But after a study, the IBP of- one, face-to-face hearing. Actually, with few prosecutors and public attorneys we fered to hold nationwide discussions re- the direct testimonies of witnesses em- have. But are we earnest in examining our garding it. The IBP sponsored dialogues bodied in affidavits, together with the doc- system for hearing and deciding cases to at regional and chapter levels with judges, uments, the substance of the evidence for see if we can increase the capacity of our prosecutors, public attorneys, and private both sides are already before the judge. judges for disposing of their cases? practitioners of all kinds. Thanks to the At the face-to-face hearing, the judge In 2009, upset with the mess of de- IBP we met them in IBP Chapter centers will have all the witnesses sworn in simul- lays in the hearing and adjudication of or campus halls. taneously. She may then question the wit- cases, I asked the Chief Justice to create nesses present regarding the first factual a Committee to Address Case Congestion CoNSENSUS issue. Counsels for the parties may also in the lower courts and offered to head it. examine the witnesses. Then the court The conventional thinking was to stream- Those who took part in the dialogues will move on to the next factual issue. line the system and pound hard on judges agree based on experience that piece- Under the new procedure, the exami- to speed up the disposition of cases. meal trials have escalated to crisis propor- nation of the witnesses by the judge and But Albert Einstein once said that it is tions over the years. As a result, the judge the lawyers will generally be free-flowing, madness to do the same thing the same is unable to hear every item of fact in the shifting from one witness to another, thus way when it is no longer working. How old context of the whole case. He is forced to promoting spontaneity in answers and is our system for hearing and deciding rely more on the transcript than on his per- vivid contrast between opposing versions. cases? The Americans gave it to us over sonal recollection of what the witness said This gives the judge the opportunity to a hundred years ago. It is a system unique and how he said it. The judge often finds observe the demeanors of the witnesses to their history and culture. Yet we adopted no real value in paying attention to what and their reactions to each other. Nothing it in this country and we were taught in our law schools the "We are preparing to shift from a purely adversarial system to a beats face-to-face confronta- tion in sensing what is true. idea that there is no way to combined adversarial and inquisitorial system patterned after Conversation, says the Bible, hear and decide cases fairly successful European models. It consists of a preliminary confer- is the test of a man. Sirach except the American way. ence and one face-to-face hearing with a decision at the end of 27:5 NAB In a way, our high- The American system is ly successful small -claims adversarial and heavy in cer- the hearing." court is a forerunner of the emonials. the witness says at the time he testifies. proposed face-to-face hearing. The plaintiff and the defendant match Why should he when he would be decid- Testimonies will be taken in the ver- skills in presenting evidence before a ing the case 3 or 5 years later. In contrast, nacular. No longer will they be interpreted judge set high on a pedestal but, ironical- the traditional European system for try- into English. They will be electronically ly, doomed to sit back and listen to what ing cases is inquisitorial. When a crime recorded. Testimonies will be quoted in the parties want him to hear. is reported, the judge summons the wit- pleadings in their original version with the We also adopted a system designed nesses, queries them, and makes his find- English translation in parenthesis provid- for both a jury trial and a Bench trial. Re- ings. He takes a direct and proactive role ed by the party, subject to counter transla- sult: we have a shadow jury sitting in our in searching for evidence. A subsequent tion by opposing side. courtroom. trial is largely confirmatory of the findings Trial will no longer be treated as a Our judge pre-screens the questions of the investigating judge. field of combat where the opposing law- to prevent a supposedly unlearned jury We are preparing to shift from a purely yers stand as champions of their clients. from hearing inadmissible answers. But adversarial system to a combined adver- But rather, as an occasion for the judge this is pointless since the judge is himself sarial and inquisitorial system patterned and the parties to collectively search for the jury and, with his legal training, can after successful European models. It con- truth. As a rule, the judge will hear disregard inadmissible answers even if he sists of a preliminary conference and one every case in one sitting. One continuous hears them. face-to-face hearing with a decision at the hearing will enable him to see every item Another thing, since the jurors sup- end of the hearing. of fact in the context of the whole. In con- posedly know nothing about the facts of trast, the piecemeal trials we have today the case, witnesses must tell their sto- PRELIMINARY CoNFERENCE run for years. The poor judge would hard- ries from beginning to end through direct ly remember what he heard two or three examination required under section 4 of Under the proposed rules, the judge years ago considering the volume of his Rule 132. This means bearing with series will hold a preliminary conference and a cases. of preliminary questions because, in direct one-time, face to face hearing. The parties examination, counsel has to elicit new will submit the affidavits of witnesses and PIECEMEAL TRIAL IS FARCE ! facts based on previously testified facts, documents already marked as exhibits. IMMEdIATE dECISIoN like placing one stone on top of another. The judge will then prepare a summary of: But our judge does not actually need (1) the conflicting factual claims of the par- Since the rules require the judge to 22 IBP: Celebrating 40 years, 1973-2013 The bar Tribune render an immediate oral decision, she When the crime charged is punish- other contact diseases. The food is inad- will be forced to focus on the issues and able by imprisonment in excess of six equate. Gang wars are abundant, result- the testimonies and seek the facts she years, the judge shall require the wit- ing in death or maiming. And since reha- needs to make a correct decision when nesses during the face to face hearing to bilitation is for the guilty, city jail detainees the hearing ends. After the hearing, the narrate their testimonies in chief, first, the do not enjoy the benefits of sympathy or judge will, unless the issues are excep- prosecution witnesses, then, those of the group cure. tionally difficult, immediately announce defense. In this way, the judge will have The irony of it is that the majority of her decision to the parties. The judge may the additional benefit of observing the de- city jail dwellers are charged in court for ask the winning party to prepare a draft of meanor of the witnesses both on their tes- the first time. Many of them are held for the decision along the lines of reasoning timonies in chief and on their cross. non-violent offenses. About half are in- she gave. She will issue the correspond- volved in drugs and only need rehabilita- ing written decision within fifteen days. III. CLUSTERING oF CoURTS tion. Yet they are mixed with the hardy What are the advantages of immedi- ones for lack of space. Many detainees ate decision after hearing? Our committee will shortly submit to are eventually released because of in- the Court a proposal for the clustering of adequacy of the evidence against them a) the judge will decide the case when courts of neighboring cities and munici- or because complainants simply give up she has the clearest picture of the dis- palities so that courts with small dockets coming to court after repeated postpone- pute; of cases could take some of the burden ments. b) the judge will be deterred from ren- of those with large dockets. This should Such detainees leave the jail but the dering an unjust decision since those substantially relieve congestion of cases scars of pain, degradation, and hopeless- present heard the evidence just as he in problem cities and municipalities. ness remain with them. They are perma- did; nently damaged. c) knowing that he must decide the case IV. dECoNGESTING oUR HoLdING Working with the International Com- immediately, the judge will be forced JAILS mittee of the Red Cross, we are introduc- to pay attention to the hearing; ing the following changes which should d) she can avoid approaches by inter- Many of us live in comfort and free- substantially decongest holding jails in the ested parties between the trial and dom. We go home after a day's work to next two years: 1. The creation of a pilot judgment; and our families. We have never been locked task force "Kalayaan at Katarungan" in the e) the procedure makes a point for au- in a small room that is crammed with City of Manila that is currently establishing thentic speedy justice in our courts. strangers and reeking with the foul smell the methods and standards for monitoring of dried sweat. Welcome to our city jails. and moving forward the cases of detained APPLICATIoN To CRIMINAL CASES One of the great tragedies in life that accused persons; and 2. The correction could strike you is for you to be detained of the anti-poor culture dominating the The same procedure will be observed in any of them while your case is being bail system for detainees who, it is often in hearing and deciding criminal cases. tried. The Constitution assures you that forgotten, still enjoy the presumption of in- Question: would this not impair the consti- you are presumed innocent until the con- nocence. tutional rights of the accused? It won't. It trary is proved. Yet, you suffer, even be- For the same purpose, we are shortly takes into account all his rights. The face fore you are convicted, a worse fate than submitting to the Court En Banc for ap- to face hearing will be no less exhaustive. one who quickly pleads guilty and is taken proval detailed guidelines for: What is more, the required proof of guilt to to the national penitentiary to serve sen- support conviction remains the same. tence. Why? 1. Getting back into the hands of the Of course, since the accused is pre- First, because trial in our courts aver- courts from the Department of Justice sumed innocent, the burden is on the pros- ages from 3 to 5 years and on occasions, the fixing of the amounts of bail, taking ecution to prove his guilt. The prosecution 8 to 9 years, you spend all that time be- into account the financial ability of the is required before hand to lay its evidence hind iron bars. Second, our city jails are accused; on the table by submitting the affidavits of extremely overcrowded. The Manila city 2. Releasing on recognizance poor de- the complainant and his witnesses. Evi- jail for instance could handle no more than tainees who are not involved in violent dence not so disclosed shall be barred. 1,000 detainees. Yet it has taken in more crimes; The prosecution cannot change its theory than 4,000. As a result, those awaiting 3. Provisionally dismissing cases where of the case. The accused has the right to trial live in sub-human conditions. Ventila- the complainants or their witnesses withhold his testimony until the prosecu- tion and sanitation are extremely poor, re- have repeatedly failed to appear and tion has done this. sulting in frequent outbreaks of boils and testify despite notice; and 4. One time summary hearing of applica- tions for bail of persons charged with capital offenses to determine if they can avail themselves of the right to bail when the evidence of guilt is not strong. We have to do something for these men and women who are presumed inno- cent but are made to suffer years of tor- ture and deprivation. Society has no right to punish them until they are proven guilty. They are children of God like us, made out of His image and entitled to dignity and re- spect. Yet, we may have already become indifferent to their sufferings. Unless we do something for them, Jesus could very well say to us, "I was in prison and you did not care for me." (Mathew 25:43) IBP: Celebrating 40 years, 1973-2013 23 august 2012 vIsIoN, Courage & aCCouNtaBIlIty Maria Lourdes P. A. Sereno Associate Justice, Supreme Court Our country re-emerged in democ- and operated a cottage industry in the years into the practice saw me struggling' racy following the 1987 People Power daytime. My father, who hails from Siasi, between work and caring for a young in- Revolution, with high hopes for a truly Sulu, was for the most part of his life a fant, with another one on the way. Decid- accountable government. Sadly, the fall small entrepreneur, whose efforts were, ing that my family was more important to of one leader after another - political and like those of many small entrepreneurs, me, I resigned from the law firm, and took judicial - has caused the sentiments of our mostly unsuccessful. Though we were of the low-paying job of a law professor. countrymen to descend to a state of de- modest means, my parents believed in Some partners of the firm warned me spair and surrender. In part, cynicism de- the value of books. They would scour the I would regret the decision to resign. One veloped from the perception that the 1987 newspapers to locate expatriate families even said: "You know what you are? You Constitution had been assaulted, manipu- disposing of books in garage sales. Hard- are afraid of success." In their eyes, I was lated, and pulled from one direction to an- up as we were, they would buy us those degrading my family's chances in life by other, even by those who are supposed precious books. It was, in solitude with leaving. I was only 26, but I thought that to uphold it. Some blame the Supreme those books, that I developed my skills their definition of success was not rel- Court for having faltered in this duty and to and habit of reflection, which served me evant to me. What mattered to me at the have likewise failed in upholding the rule well in later years. time I left the law firm was that I should do of law. To them, it is because the leaders I am a proud product of the public the right thing, and the right thing for me of the Court appear to have clay feet, and school system. I graduated with honors was to be near my young children, and to its Members suspected to vote with mixed from the Kamuning Elementary School make my husband happy. motives. It is with this grave thought that and the Quezon City High School. I re- I immensely enjoyed the challenges I view our nation's present search for a ceived scholarships from the government of teaching law at UP. I unfolded mental new Chief Justice as a search for the re- and from a private-foundation to obtain an maps in the different fields of civil and mooring ofthe Filipino soul. economics degree at the Ateneo de Ma- commercial law, maps that my students I have made myself available to lead nila and a Bachelor ofLaws Degree from appreciatively developed further. This ap- the judiciary, not from any sense of entitle- the University ofthe Philippines. In Ateneo, preciation by young people and sufficient ment, but because those who have nomi- the Jesuits imbibed in me the value of de- time with my children convinced me that nated me believe that I bring a dimension veloping oneself to be a "man for others." simultaneous personal and professional to the debate on the kind of leadership In UP, I learned from the country's leading fulfillment is attainable for women. the judiciary needs, that has not yet been minds in constitutional, civil, and criminal I practiced part-time. Like any other brought forth. And to share with you why law; and was introduced to nonconven- lawyer, I also faced temptations to take I agreed to be nominated, I will have to tional approaches in legal analysis. My shortcuts, to bend the law, and to look share with you my life - who I am, who I philosophy of law is heavily informed by the other way. I was not oblivious to well- have been, how I think, how I feel, how I what I learned in those great universities. meaning encouragement from colleagues have made decisions in my 52 years. I also fully learned that poverty, far from to take the easy way out. But each time I My journey to this point has been being an excuse to engage in self-pity, succeeded in resisting these enticements, marked by strong challenges to the values is but a testing ground for hard work and I found myself growing in the strength and principles that I hold dear. With perse- excellence. By God's grace, I graduated to adhere to the right path. I constantly verance, courage and an abiding faith in valedictorian from the UP College of Law. sought to diminish the influence of these God's sovereignty, I have prevailed over Like most married female lawyers, I temptations in my life, so that I would al- those trials and. have come to discern my faced the challenge of choosing between ways be free to do what was right. defining public role as a humble servant of a prestigious law practice and taking care In 1993, after I obtained my Master our people - through the judiciary. of my family. I joined the largest law firm of Laws degree from the University of I was born to a simple family. My in the country after graduation that offered Michigan in Ann Arbor, my friends urged mother, a native of Bae, Laguna, taught enormous professional challenge,' with a me to stay .in America and have our visas at a public high school in the evening lifetime of wealth and privilege. But two converted to working visas for the sake 24 IBP: Celebrating 40 years, 1973-2013 The bar Tribune of our children. Friends reproached me I deepened my passion for consti- there is a place under the judicial sun for by asking what I was to go back to in the tutional rule 'when, at age 39, I was ap- the quiet and hard-working ones. Philippines - a UP professor's life and sal- pointed as the lone female member of the I would face difficult choices in my new ary? I knew, however, that dishonoring my 25-Member Presidential Commission on role. A day after my assumption of office, commitment to return to my country and Constitutional Reform headed by Chief I took an active role in the oral argument serve was not the right decision. So we Justice Andres Narvasa, together with involving Hacienda Luisita, despite the returned. leaders as important as former Prime Chief Justice saying I was not expected to I continued to write on and teach Law Minister Cesar Virata. As Chairperson of participate. Weeks later, I raised two im- and Economics and International Trade the Steering Committee, I shepherded portant policy questions for the Court: Can Law. Even without the incentive of a huge the work of the various Committees into a a case that is already with the Supreme income, I persisted in making contribu- framework that showed economic issues Court and that has already been heard in tions to forge a new area in the practice in the context of the Constitution. oral argument be subjected to mediation of law in the country. On the recommen- At 43, I became local co-counsel for as ordered by the Chief Justice? And can dation of Justice Florentino Feliciano, the the Philippines in the two international ar- the Chief Justice individually give such an Supreme Court invited me (I was then 34) bitration cases involving NAIA Terminal 3, order that constitutes a major policy deci- to deliver a speech on International Trade a role I was to discharge for nearly five sion? Law, the first of its kind, before the Court's years. I reported to Cabinet Secretaries in Three weeks after my appointment, I Session Hall. Years of hard work yielded Malacañang and to the Solicitor General. would object to the issuance of a tempo- opportunities – to become a legal consult- I resigned in 2008 because of important rary restraining order for a Petition that I ant for the government in international policy differences with one of my princi- and other justices had not even seen - in trade law and to be appointed as the first pals. The country won both cases at the the case involving the impeachment of Asian legal counselor of the WTO's Ap- ICSID and the ICC, but the victory in the former Ombudsman Merceditas Gutier- pellate Body Secretariat in Geneva. My former was to be subsequently partially di- rez. contributions to international trade law minished. Afterwards, I focused my efforts Five weeks later, I was to object to were recognized in 1998, when I was on developing policy reforms to improve the majority's characterization of the De- named one of The Outstanding Women in governance and the country's economy cision in Vinuya v. Secretary of Foreign the Nation's Service for law. Affairs as "honest, hard work." Organizational difficulties "I believe it was my consistent decision Instead, I showed a chart that also tested my grit. At 26, to- compares passages from the gether with a team of profes- to take the difficult road and my ability to Decision that were lifted verba- sionals, I had co-written the think 'out of the box' when solving problems tim from other works. I endured organizational plan of the Pres- much adversity, because I re- idential Commission on Human that opened opportunities for me to do much fused to call what was black, Rights. As a law professor in pioneering and sensitive work." white. I was wrongly accused UP, I had stood up for aca- of having committed a similar demic freedom in a professor's evaluation as head of the Asian Institute of Manage- offense, but I refused to back down from of student performance and for effective ment's policy think-tank - the AIM Policy my Dissent. In a twist of poetic justice, I teaching, even if it had cost me great per- Center. was vindicated, as it turned out that it was sonal pain, As head of two units in UP, I Considering what I have had to face, my work that had been plagiarized. was able to productively run them despite taking on one challenging role after anoth- I objected to any attempt to sanction severely limited budgets. For my success er, I believe it was my consistent decision the professors decrying the Vinuya De- in causing the publication of one of the to take the difficult road and my ability to cision. I thought that in order to gain the highest numbers of journals and books, I think "out of the box" when solving prob- moral authority to impose any disciplinary became a finalist in UP's search for the lems that opened opportunities for me to measure on them, the Court first had to Most Outstanding Research Administra- do much pioneering and sensitive work. gain the moral high ground by admitting tor. At 35, I wrote the concept paper on It helped that I had steeled myself to be- its own mistakes and correcting the re- judicial reform for the UNDP. That paper come immune to the promise of ease from cord. This was, of course, not an easy was to serve as a seed for the large-scale compromises and had submitted myself stance to take. donor-funded judicial reform programs to the fires of adversity, in order to uphold My dissents in various highly con- currently in place. I continued to partici- what was true and excellent. Little did I re- troversial cases have been written about pate in some of those programs for some alize then that I was being prepared for and quoted. I disagreed with the major- more years. my present role. ity's striking down the executive order Those organizational experiences In 2010, at age 50, I was appointed creating the Philippine Truth Commission, whetted my interest in information tech- by President Aquino on the basis of what their upholding the laws creating the 16 nology. At 36, I wrote the legal infrastruc- he believed I could deliver for justice and cities, their upholding the creation of the ture for the first paperless securities trad- judicial reform. Prior to my swearing in, I Province of Dinagat Island, their awarding ing in the country, that for the Bureau of had only met him twice - the first in 2008 20% share in San Miguel Corporation in Treasury. I would pursue this advocacy when I gave him a briefing on the Japan- favor of Danding Cojuangco as against for paperless, electronic transactions and Philippines Economic Partnership Agree- the government's claim, their grant of a research when I co-founded Accesslaw in ment; and the second in 2010, during the TRO.in favor of former President Gloria 1999 with former Justice Jose Campos, anniversary celebration of GMA 7. I had Arroyo in November 2011, their grant of Commissioner Haydee Yorac and other no political affiliation to rely on; there was a TRO against the Senate's subpoena UP Law professors. It was the company no influential business bloc supporting of the Philippine Savings Bank account that created the first annotated electronic me; I did not have well placed relatives; documents of then Chief Justice Renato research system in Philippine law. and neither was I a media figure. Perhaps Corona, and their prohibition on the dis- IBP: Celebrating 40 years, 1973-2013 25 august 2012 closure of material information to the Sen- For what is leadership if it is not the asked a colleague who was perceived to ate impeachment court. willingness to fall as a grain of wheat falls be close to me who I really was, the latter What has been not equally publicized to die, in order that more abundant life can replied: "Ganyan lang talaga yang si Jus- is that I voted against the administration on spring forth? In all those years of leading tice Sereno, kung anong paniwala nya, the grant of a TRO in favor of Bai Omera people, I have not asked anyone to make sinasabi nya." Lucman in one of the Executive Order No. a sacrifice, to go through any hardship I have no hidden, personal agenda, 2 (E.O. 2) cases and partially against the that I was not willing to bear myself. I have and I have no interest in creating one. I ARMM Synchronization Law that was and not asked others to improve their work un- simply see my role as a judge as a hum- is a key program of the President's Lib- less my own revealed an unrelenting drive ble; yet highly edifying one. We justices eral Party.What also seems to be forgot- for excellence. Yet, in calling for sacrifice of the court are to simply apply the law to ten is that in July of last year, my Dissent and excellence, I have always remem- the truth that is staring us in the face, af- in the first Hacienda Luisita Decision was bered that we are all human, and that our ter much searching by the mind and after heralded by the farmers, the media and destinies ultimately lie in the hands of our much reflection by the heart. It is a humble scholars alike, for it demolished the ma- Creator. role because we can go no further than jority's argument to support the holding My leadership is to be exercised to what the Constitution, the law, and the of a referendum on the Stock Distribution uphold the truth the way I have sought to rules of statutory construction allow us. Option. One columnist-professor called it uphold the truth. It is to be exercised in We do not replace the shared values of "rare and brave" for a new appointee of favor of those who are weak, in order that the community with our own. Yet, our role the President to have written what I had. justice in its true sense may be rendered. as judges is a highly edifying one to soci- What the above shows is that I take It is to apply the rule of law in a way that ety. For in invoking the lofty vision of the my oath of office very Constitution, in painting seriously. While tradi- "My view on the rule of law is concretized by two Dissent- before our people the tion has witnessed jun- ing Opinions I have written - in Paulino v. Varilla and in prospect of a more just ior justices rarely being heard, I believe that the FASAP v. PAL. Rules of procedure are not to be strictly con- society, in livingthat we lives in order upright Constitution requires all strued against the poor; and in the Paulino Resolution, not can be in a position to Members of the Court to against the poor policemen in the case. But they are to be so tell our people "This is apply all their strength the truth, this is the right and skills to understand construed against PAL vis-a-vis the illegally dismissed employ- way, this is the path," we every case before them, ees who had won three successive Decisions affirming their po- are edifying our society and to participate vigor- ously so that the truth- sition. If rules are meant to facilitate justice, then when these and building aforfounda- generations future might be unearthed, and rules frustrate justice especially when the system itself creates tion that is built on solid that justice be done. I the injustice - genuine justice must be allowed to prevail." rock - not on the passing believe that the con- fancies of politics, but on stitutional design of collegiality requires shows no favoritism for the privileged, no the more enduringvalues of our people. the exercise of everyone's conscience existence of the "old boys club" and no It has been asked how I can be the in a transparent manner in en banc and need for the informal network of brokers Chief Justice if I am largely known as a division discussions, without inhibitions and lobbyists. My view on the rule of law dissenter. Was Chief Justice Claudio brought about by the comparative insuf- is concretized by two Dissenting Opinions Teehankee unqualified when he was so ficiency of age or seniority. While seniority I have written - in Paulino v. Varilla and in appointed because of his reputation as a has its rightful place in preserving tradi- FASAP v. PAL. Rules of procedure are not dissenter? Or did not his brave dissent in tions of the Court, to believe that ' it should to be strictly construed against the poor; the face of much opposition by the estab- dominate deliberations and adjudication and in the Paulino Resolution, not against lished majority in fact qualify him to lead is not to take our oath of office seriously. the poor policemen in the case. But they the Court in its period of renewal? Yes, My past 52 years have been not are to be so construed against PAL vis- I was a dissenter in the highly explosive young years; rather, they have been years a-vis the illegally dismissed employees political cases, and I will again dissent if of adversity, and of overcoming adversity. who had won three successive Decisions there is a concerted effort to deny obvious Years of paying the price for my convic- affirming their position. If rules are meant truth, but in a high majority of the Deci- tions, of inconvenience, of having to work to facilitate justice, then when these rules sions promulgated since I joined the court, doubly hard, of avoiding shortcuts and frustrate justice especially when the sys- I have acted with the majority and penned the easy road. Those years were also tem itself creates the injustice - genuine many important Decisions that were con- years of proving my mettle, of holding my justice must be allowed to prevail. curred in unanimously. My colleagues in own, and of testing by fire the quality of If we are to uphold the rule of law, the court have sworn to the same oath of my judgment and instincts –before inter- then we in the Court must be perceived to office and are bound by the same Con- national judges, chief justices and associ- be fair and predictable. There is nothing stitution. We are all professionals. And I ate justices of the Supreme Court, cabi- mysterious about how I analyze things, believe I have gained the respect of my net secretaries, heads of universities and how I come to a conclusion, and how I colleagues with the quality of my writing very senior professors. I have been honed ultimately vote. There is nothing layered and analysis and with the very hard work in the world of the wise, the elders, and about me; no context you have to imag- I have put in. key public leaders. I have steadily - with- ine, no agenda you have to fathom. I am The judiciary is not only the Supreme out wasting time - forged years of gaining who I am, I vote what I think. I say what Court, but also its 1,700 other justices wisdom, of gaining a tranquil sense of the I mean, and I mean what I say. As one and judges nationwide. It is supported by world, of understanding the real meaning fellow justice, puzzled by my unexpected 24,000 other court officers and person- of leadership and stewardship. willingness to be upfront about things, nel. These are the public servants I am 26 IBP: Celebrating 40 years, 1973-2013 The bar Tribune I reiterate what I had said in your na- tional convention last year in Subic that no friend of mine, including the IBP presi- dent, gains anything from my appoint- ment, save for the thought that I will not let the country down. I shall continue to be our people's steward of justice - resolving disputes with an even hand and an eye towards re-establishing faith in the rule of law. Indeed, even my husband does not gain anything from my appointment. As proof of this, I watched silently last year as the Court en banc reversed the victory that my husband and his company had al- ready merited from an RTC in Makati. If I will not do anything ethically wrong to ad- vance my husband's cause by refusing to promote it with any of my fellow justices, neither will I do it for anybody else. I ask you to be with us in our journey. willing to lead. Recently, two newly ap- cultural prejudices that have prevented us I ask that you measure us, that you de- pointed judges sought to take their oaths from becoming a great judiciary, a noble mand of us, what is demanded by justice. of office before me. One went up all the profession. But I also ask that you support us first by way to Baguio with her entire family, so The judiciary must regain the trust refusing to engage in practices that bring that I could be the one to administer her of our people, so that Congress can en- disrepute to the judiciary; second,by help- oath. The other was a Muslim judge, who trust to it the funds to make the delivery of ing us identify the good souls who must brought with him his pregnant wife, an justice efficient and their families secure. populate the ranks of the judiciary, and infant daughter and other relatives. Both I hope to regain that trust by presenting third, by policing your own ranks and also were largely unfamiliar to me, but both myself as a leader worthy of trust, and my our ranks. I will also ask the IBP to con- said the same thing: they sought me out work and my life as proof that the people's tinue its journey with us in legal reform, to administer the oath to them, because trust will not be misplaced. I am a servant especially in procedural reform. But I will I am their role model, and they want to of the public, and if asked to lead the judi- also ask you to be as excited as I am in pattern their professional lives after mine ciary, I would also be a steward of public exploring frontier areas of law, as life in especially the strength of my convictions treasures and of the lives of the men and our country and in this century become as reflected in my writings. The wife of women who have made service in the ju- increasingly complex. Together, we shall the male judge expressed the hope that diciary their career. It would be my duty to restore our people's faith in a justice sys- her daughter would grow up to be like me. succeed. tem that works and responds to those who Separately, a senior judge sent me word To demonstrate that we in the judici- desperately need it the most. that newly appointed female RTC judges ary have no skeletons to hide, if appoint- In the meantime, I wish you every had conveyed to him that they look up to ed, I will disclose to the public our case success and thank you for your patience. me as a role model. A colleague in the disposal rate; official reports on our budg- Court has confided to me that the younger et and COA's audit of our expenditures; ERRATUM judges are rooting for me to succeed in the state of our various funds, including bucking the system, and that he is con- support funds from the donor community; fident I will so succeed. These incidents and I will, in consultation with the commu- have strongly convinced me of my leader- nity, set key result areas with milestone ship role. dates by which we will measure our per- If I am to lead, then my first duty is to formance. inspire. And I can only inspire if I under- I present 18 years of possibilities, stand the hopes and aspirations of every of being able to conduct a deep search member of the judiciary and its staff for a for the best and the brightest in our land, better future for their families. And I think who are to be set apart as a generation Atty. Miles Santos (left), com- I do understand - what it is to be part of of judges who will commit themselves to the struggling poor, who make up much lives of uprightness and excellence. I am panion of the late Atty. Leonardo of the rank and file in the judiciary. But I willing - through how I have lived, and how Jacinto Soriano, receives the also understand the sense of dignity and I will live - by God's grace, to be the first to welfare benefit assistance check honor of members and staff of the judici- be daily tested if I meet the highest stand- from Atty. Alicia Risos-Vidal, IBP ary, how they equally dream of justice be- ard of integrity and credibility. I am willing Peer Assistance Director. ing realized in our country, and that they to be measured by the degree of sacrifice are important channels of justice. And if I I make, by what I am willing to give up in The Bar Tribune misidentified have overcome, then I say that we in the order that the vision of a judiciary that is this picture that was published in judiciary and the legal profession can col- truly noble, upright, independent, learned the June 2012 Bar Tribune and lectively overcome. We can overcome not and excellent in every way can become a regrets the error. only our personal obstacles, but also the reality. IBP: Celebrating 40 years, 1973-2013 27 august 2012 "less aBout CHoosINg oNe PersoN, more aBout eNsurINg tHat geNuINe reForms are truly set" Juan Andres d. Bautista Chairman, Presidential Commission on Good Government Being the first to be interviewed, or as well. With due respect to my honest and keep the best and brightest within the in law school language – to be called for and hard working friends in the Philippine judicial ranks. recitation, is both a burden and a bless- justice system – unfortunately you have Finally, on credibility. Yes, the Su- ing. It is a burden because at this point, become the exception rather that the gen- preme Court has the final say on what the I have no idea what questions my JBC eral rule. Constitution and other laws mean and that professors will be asking. As the youngest Congestion of court dockets and de- all are duty bound to obey its rulings. But in the class, I was hoping to learn from, lay in deciding cases are kindred prob- the Court should never forget it remains perhaps even copy, some of the answers lems. 25 years ago, a legal command was accountable to the people and the high- of my older classmates. made as follows: er court of public opinion. Decisions that But being the first to recite is also a are perceived to be manifestly or that flip blessing because one gets the opportu- "The Supreme Court shall, within one flop, chip away at the very credibility that nity to set the tone, provide a context and year after the ratification of this Con- the Court ultimately anchors its authority perhaps even help frame the important is- stitution, adopt a systematic plan to upon. sues relating to these proceedings. expedite the decision or resolution of It is only right that if we identify chal- Indeed, choosing the next Chief Jus- cases or matters pending in the Su- lenges, we must also proactively propose tice is a defining moment for the Philippine preme Court or the lower courts prior solutions: legal system. to the effectivity of this Constitution. To address the issues of corruption But while the importance of this A similar plan shall be adopted for all and competence, the first thing the Su- changing of the guard cannot be gainsaid, special courts and quasi-judicial bod- preme Court Should do is to mount as we should not lose sight of the larger ob- ies." aggressive campaign to recruit the best jective which is to overhaul an ineffective, and brightest lawyers and law students. inefficient and inadequate justice system. This command is contained in Article This should be done fully realizing that its Indeed, this process should be less XVIII, Section 12 of the 1987 Constitution. work is only as good as the people who about choosing one person but more In this regard, the latest figures as do them. about ensuring that genuine reforms are contained in the 2010 Supreme Court an- The three branches of government truly set in place to achieve that objective. nual report show the following: (see table should work hand in hand to improve the In the 2011 Global Competitiveness below) compensation packages, equipment and Report released by the World Economic You will note that the average disposi- court infrastructure taking into account the Forum, the Philippines ranked the lowest tion rate for the entire Judiciary is 39%. In work loads of judges as well as the physi- among ASEAN countries in respect of the other words, more than 60% of pending cal and reputational risk that their position three main indicators of a functioning legal cases are not decided. It is quite apparent entails. system. then what has happened to that 25 year While it is not practicable to fully Back home, in the most recent SWS old Constitutional directive – not much. I benchmark the judges' pay versus the pri- survey regarding public satisfaction with shudder when I think about the financial vate sector, the Court has the luxury of ap- top government institutions, the Supreme repercusions that this delay and conges- pealing to a lawyer's sense of patriotism. Court's net satisfaction rating dropped by tion has caused our economy. I remember in College there was a poster 14 points from + 27 in March 2012 to +13 Unlike in the US and other developed as recruiting potential Jesuits with the line in May 2012. This is the lowest rating re- countries where top law school gradu- question "Why sell soap, build people." In ceived by the Court in recent memory. The ates vie for limited judicial clerkships, in the same spirit, perhaps the Court can en- Court also ranked the lowest as compared the Philippines, the bee line is with the tice law graduates with a line like " Why to the other branches of government: the top Makati law firms. We all know that any just practice law, dispense justice." Senate, the House of Representatives agency, be it in the private or public sec- The issues relating to congestion of and the Cabinet. tor, is as good as the people who are in court dockets(as distinguished from judi- The first step in solving any problem it. Hence there must be a concerted effort cial writing) to the private sector so that the is to acknowledge that there is a problem. on th part of the Supreme Court to hire latest technology can be used to track the And the opposite to the saying, "if it is broke, then we should fix it." Courts Case input Case output % of Case Disposal I believe that the Philippine Legal sys- tem faces four major challenges that all RTCs / MTCs - 992,817 - 377,839 - 38 % begin with the letter "C". Corruption, Con- Court of Tax Appeals - 1,067 - 315 - 30 % gestion/Delay, Competence and Credibil- Sandiganbayan - 2,405 - 247 - 10 % ity. Court of Appeals - 33,032 - 13,241 - 40 % "Hoodlums in Robes", "Its not whether Supreme Court - 22,547 - 14,057 - 62 % you know the law but whether you know the judge" are phrases mouthed not just total - 1,051,186 - 405,699 - 38.5 % by legal practitioners but by non-lawyers 28 IBP: Celebrating 40 years, 1973-2013 The bar Tribune status of cases. This way, judicial score encouraged to write shorter decisions and and accountable in its use of public funds. cards can be developed to effectively use language that the non-lawyer parties It's about time the Gods of Faura should monitor court performance. Similarly, why can understand. realize they are more human and less di- should court administration be assigned A major culprit for delay is Article VIII, vine. Every year, it should let the public to lawyers when other professionals could Sec 15 (1). This section counts the period know what its goals, objectives and key do a better job? Now if a lawyer had an within which to decide cases from the time result areas are. Thereafter, it should per- MBA degree as well, that would be a dif- a case has been submitted for decision. haps hold its own State of the Judiciary ferent story. But, it can take 5,15, even 30 years before address to report on its performance. The inter-related problems of conges- a case is deemed submitted. So in reality, In short, the Supreme Court should tion and delay stem from the inflow and the Constitution has not arrested but has exhibit not just political but judicial will in outflow of cases. The simple solution is in fact countenanced delay. The quick fix creating a justice system that we can all to reduce the inflow and increase the out- is to amend this section so that we count be proud of. flow. How do i propose to do this. the period not from the date of submission These are my initial thoughts on the The Supreme Court should educate but from the date of filing. challenges facing our legal system. I have the citizenry that going to court is not the Finally, to maintain and enhance its a few more but i do not wish to abuse the only, and more often than not, the more credibility, the Supreme Court should lead time given by the Council. I am now ready cost and time efficient way of settling a by example. It should wipe out its own for recitation. dispute. Hence, the use of Alternative Dis- back log. It should be more transparent pute Resolution techniques such as Court Annexed Mediation and Judicial Dispute Resolution should continue to be encour- aged. This can significantly decrease the cases that the Courts have to deal with. On the other hand, to increase the outflow, the Supreme Court should incen- tivize and properly recognize performers both in terms of the quantity and quality of decisions penned. In the same spirit, it should disincentivize and penalize the laggards who are not doing their job. The Rules of Court should be amend- ed so that the filing of frivolous cases and interlocutory appeals are minimized. There should be a limit to the motions to postpone and seek an extension of time to file a pleading. Judges should also be goverNINg wIsely aNd justly (My Quintessential Judicial Philosophy, Vision, Mission And Work Program) Rene V. Sarmiento Chairman, Commission on Elections My Judicial Philosophy is found in two realization of basic human rights, and objectively secular concep- concepts most close to the hearts of Filipi- the enhancement of human dignity tion may at least be approximated. nos. They are Social Justice and Human and effective participation in dem- Social justice means the promo- Rights. ocratic practices." tion of the welfare of all the peo- ple, the adoption of the Govern- Social Justice -- II Record 606-607. ment of measures calculated to insure economic stability of all the Social justice is the centerpiece of Coming close to this meaning of So- competent elements of society, the 1987 Constitution. There is, however, cial Justice is Justice Jose P. Laurel's through the mainteanace of the no definition of Social Justice in the 1987 explanation what this concept is all about proper economic and social equi- Constitution. But the framers of the funda- when he wrote: librium in the interrelations of the mental law share the meaning of Social members of the community, con- Justice articulated by the Chairman on "Social justice is 'neither commu- stitutionally, through the adoption Committee on Social Justice, Teresa F. nism, nor depotism, nor atomism, of the measures legally justifiable, Nieva, when she said that: nor anarchy,' but the humaniza- or extra-consttituionally, through tion of laws and the equalization of the exercise of powers underlying "Social justice provides the mate- social and economic forces by the the existence of all governments rial and social infrastructure for the State so that justice in its rational on the time-honored principle of IBP: Celebrating 40 years, 1973-2013 29 august 2012 salus populi est suprema lex." A. Maximize Section 5, Par. 5, Article and establish ties with the Su- X of The 1987 Constitution ("Prom- preme Courts of other countries -- Calalang vs. Williams ulgate rules concurring the protec- and foreign foundations for the G.R. No. 47800, (1940). tion and enforcement of consti- purpose of knowledge-and- tutional rights, pleading, practice technical sharing on best judi- Human Rights and proceedure in all courts, the cial practices like the epistolany admission to the practice of law, jurisdiction in India and the Ju- Human Rights refer to privileges, the integrated bar, and legal assis- dicial Conference of the United claims and entitlements that pertain to tance to the underprivileged"). States of America. If there are man and woman because of their human- best business, electoral and ity based on the three principles of indivis- 1. Promulgate rules on new writs peace practices, there are also ibility, inter-dependence and universality like writ of salvacion, writ of best judicial practices. The Phil- and because they are created in the im- paglalansag, writ of juvenis, writ ippine Supreme Court can learn age and likeness of God. of bagong bayani, etc. from other countries and vice- 2. Creation of Special Human versa. Achieving Social Justice and Human Rights Courts to declog court Rights dockets. D. Boost Philippine Judicial Academy 3. Improve legal assistance to the To achieve Social Justice and Human underprivileged through "bare- 1. Establish Institute on Para-Le- Rights, there must be a balance between foot" lawyers and senior law gal Work that will train para-le- Judicial Restraint and Judicial Activism. students. gals to assist lawyers in provid- Judicial Restraint means that justices and 4. Encourage development of a ing legal assistance to the poor. judges must show great deference to the law curriculum that includes ad- 2. Explore and study new vistas legislature and previous court decisions ditional units on values and vir- and models in law that will make and therefore slow to make drastic chang- tues. law an all-out tool for changing es in public policy. Judicial Activism holds 5. Intensify automation of judicial lives and institutions. that justices and judges play an important system. 3. Study Role Models/Who In- role in public policy and are open to over- spires You for new judges, jus- turn law and precedents. B. Enhance Communication/Linkage tices, lawyers. A role model is To further achieve Social Justice and with the Public worth a thousand arguments. Human Rights, there must be a balance between Strict Construction and Loose 1. Once-a-month or quarterly Blaze New Trails Construction. Strict Construction believes Steps-of-the-Supreme Court that justices and judges should limit them- chat with the media. Amid calls to rejuvenate the Supreme selves to narrow interpretation of the 2. Connect with governmental in- Court and make it faithful to its role as bul- Constitution's text and avoid enlarging stitutions and non-governmen- wark of the people's rights, it is worth pon- the power of the government. Loose Con- tal organizations that seek to dering the words of Chief Justice Roberto struction maintain that the Constitution al- enable and empower the vul- C. Concepcion when he spoke on the oc- lows the government to adopt to specific nerables. casion of his retirement from the Supreme crises or to the call of times. 3. Build bridges with Government Court: All these four approaches find bal- Organizations/Non-Govern- ance in what I call Judicial Creativity. It mental Organizations that are "...the Supreme Court is now called is harmonizing the approaches to bring involved in peace work. Use upon to blaze new trails, and the about the function of the common good the vast reservoir of peace, Philippine Bench, as well as the through law. goodwill, talent and expertise Bar and the people in general, are A Chief Justice who, to me, is an of Justices, Judges and law looking forward to administrative epitome of judicial creativity is Roberto C. professors to advance conflict measures and precedent setting Concepcion with his ponencias in Stone- resolution and transformation in decisions tending to bolster up the hill vs Diokno, 20 SCRA 383 and Lansang society. independence of the juduciary, ex- vs. Garcia, 42 SCRA 448 and his expla- pedite the administration of justice nation of the meaning of judicial power in C. Enhance International Networking and otherwise foster the people's The 1987 Constitution. with Judicial Bodies and Foreign faith in our courts of justice as in- Foundations/Organizations. strumentalities of their welfare." Vision-Mission 1. The Supreme Court shall open Thank you. My vision is a judiciary that is ethical channels of communication and moral, independent and transpar- ent, and committed to the promotion of common good. A judiciary that will wage a revolution by law to touch and change people's lives especially the vulnerable and marginalized. Work Program Judicial Philosophy, Vision-Mission shall only be meaningful if there are pro- grammatic activities to give them "breath" and "feeling." To make them fully alive. In concrete, these activities will fall under three categories, to wit: 30 IBP: Celebrating 40 years, 1973-2013 The bar Tribune tHe suPreme Court a Quarter CeNtury aFter edsa 1 Raul C. Pangalangan Professor and Former Dean, UP College of Law I am glad that the Integrated Bar of dation for friends, family or lobbyists, or now holds it to account to the people. the Philippines has asked the nominees as vendetta against personal or political Just to be clear. When I say this, I am to focus on precisely the two key issues foes. That is a genuine and real problem. not pointing an accusing finger at anyone, that require the leadership of the Supreme Unless we address it, all the other reforms but merely pointing out how history has Court and its Chief Justice at this critical look hollow. brought us to this moment. In other words, point in our history. I think we have unduly focused on just judicial overreach and the expansive ex- The IBP has called upon the nominees one aspect of de-politicizing the courts, ercise of judicial power is the product of to discuss their judicial philosophy, which namely, insulating the institution from the the inexorable march of history that be- focuses on the Supreme Court's work of political branches of government. We do gan in the anti-Marcos struggle. Remem- deciding cases, of writing decisions to set- this by minimizing the role of the politi- ber that when we were under martial law, tle "actual cases and controversies" that cians in the appointment and promotion and faced with the abuses and excesses are brought before it. Through its power of judges, and by safeguarding the judi- of executive power, democracy activists of judicial review, the SC interprets the ciary's fiscal autonomy in the budgetary sought refuge in the courts and the rule of Constitution and can strike down the acts process so that it can adequately reward law. And when we regained our democra- of the political branches of government. In its judicial and support staff for jobs well cy under Cory Aquino, the Constitutional so doing, the SC establishes judicial prec- done. That is all well and good. Indeed the Commission appointed by Cory wrote that edents that will guide all the courts of the Court's structural autonomy is built into belief into the 1987 Constitution. land on how to decide similar cases in the the 1987 Constitution, and it has been a The result is the expanded definition future. This first topic thus deals with the continuing struggle to preserve that au- of judicial power under Article VIII §1 of Court's leadership in the task of adjudica- tonomy in actual operation. the Constitution that enables the courts to tion by which the Chief Justice and the But this focuses merely on the admin- review just about any act of government. Court define justice for our time. istrative aspects of de-politicizing. There The clause, coupled with increased public The IBP has also called on the nomi- is actually a judicial aspect that fosters expectations, has pushed the courts into nees to present their plans for judicial re- politicization. It is the root of politicization what an SC justice himself called the "un- form, which deals with the Chief Justice's which draws the politicians and lobbyists charted ocean of social and economic pol- administrative leadership in addressing to see the court as open season for po- icy making." In doing so, the Court steps the perennial problems of the judicial sys- litical pressure. It opens the floodgates to down from its Olympian pedestal from tem. At the outset, let me identify these the manipulation of legal reasoning that which applies the transcendent norms problems as the following: delay, docket eventually infects and contaminates the enshrined in the Constitution, and joins congestion and judicial backlog; graft and judiciary even in non-political cases. the fray with the politicians in the elected corruption; and the recruitment of the best That judicial aspect is the expansive branches whose business is to engage in and the brightest into the ranks of the Bar use of judicial review through which un- mere day-to-day politics. and of the Bench. This second topic thus elected judges pass judgment over what I am not saying that the Court should deals with the Court's leadership in judi- are essentially discretionary policy deci- shy away from the most contested issues cial administration by which the Chief Jus- sions made by the elected branches of of our time. There are many progressive tice and the Court manage the practical government. causes that have been constitutionalized mechanisms by which we deliver justice I will not go over the list of the many like human rights, social and economic to our people. SC decisions that have thrust the courts equality, and the protection of the environ- into the thick of political debates, and ex- ment. But there are also time-tested legal Judicial philosophy: posed it to political attack just like any oth- doctrines to ensure that the judicial power De-politicization of the courts er branch of government. The best proof is used wisely and judiciously, and that its in fact is that today the Supreme Court legitimacy is not dissipated needlessly. As to the first, the principal challenge has an official spokesman, a break from today is the de-politicization of the courts. the long tradition that a court speaks only A managerial approach to We have long struggled to ensure through its decisions, nothing more and judicial reform that judges decide cases solely on the nothing less. That the Court has seen fit basis of law and on the merits, and have to designate a spokesman to announce In the past decade and a half, I have long feared the intrusion of all sorts of and explain its decisions on mass media been exposed to many judicial reform ac- improper influences that push judges to shows that, after Edsa 1 and under the tivities as Law Dean for two terms at the use their decisions for political payback 1987 Constitution, the Filipino pubic has U.P. College of Law, and as chair of Ban- to their patrons, as personal accommo- made more demands upon the Court and tay Katarungan. I recognize the advances IBP: Celebrating 40 years, 1973-2013 31 august 2012 that have been accomplished. What I pro- cedure: maximizing pre-trial and modes CHAPTER NEWS pose is to take these exclusively legalistic of discovery, the continuous trial system reforms and look at them from a manage- now being piloted in some courts, the use IBP Bulacan Chapter rial standpoint, to see how they operate in of "judicial affidavits" in lieu of direct ex- Round-Up of Activities actual operation. amination, etc. But we must also ask our- For instance, we need quality control selves why it has been difficult to imple- in the hiring of our judges but in order to ment these reforms at ground level, and do so, we must improve recruitment and why at times the very lawyers and litigants selection at the lower levels of the courts. who should insist on hastening the pro- I propose that, rather than just wait for ap- cess are loathe to avail of these reforms. plicants for judicial vacancies, rather than We must also review the MCLE to make it just announce these vacancies in news- more meaningful and practice-oriented so papers, we must more proactively encour- that lawyers become more open to these age quality applicants to the judiciary. procedural reforms. Finally, another example will show • We must begin spotting good material the need to situate legal reforms in con- for judicial posts starting with the law text. Under the leadership of the Court, schools, where we can organize semi- through the initiatives of Justice Roberto nars for students who show interest in Abad, we have embarked on the most becoming judges. radical and progressive reforms thus far • We must work hand in hand with the in the Philippine bar examinations. I fully IBP in identifying potential judges from support those reforms. But I would also the ranks of practitioners. add that these reforms are best institution- In the aftermath of the recent devas- • We must streamline the application alized through a sitting committee of Bar tating natural calamities affecting various process. From my own experience, Examiners. For as long as we remember, regions of the country, forewarned is fore- the documentary requirements before the bar exams have always been admin- armed, which was the underlying theme the JBC are really heavy. It is in fact istered by what I call "solitary Bar Examin- of the Bulacan Environment Summit. The a practical deterrent that can other- ers." But that is also the best guarantee summit was organized by IBP Bulacan wise discourage interested applicants, that the reform effort has no "institutional Chapter in partnership with the Bulacan especially if they are young lawyers memory", that mistakes committed this Environment & Natural Resource Office thinking of the entry-level seats in the year will not be repeated next year, and and Bulacan State University. bench. The clearances alone – from that over time successive Bar Examiners The summit was held last June 21 the Ombudsman, the Bar Confidant, will build upon the experience of those at the Hiyas Pavilion Center in Malolos, the Police, the NBI, the Mandatory who came before them. Otherwise our re- Bulacan. The summit focused on Effec- Continuing Legal Education Commit- forms are hostage to a system based on tive Disaster Risk Reduction and Climate tee, all the way to the notarized medical the solitary Bar Examiner which keeps us Change Adaptation. certificate – can be streamlined so that, from benefitting from accrued wisdom. Meanwhile, IBP Bulacan Chapter government-issued clearances can be I give these examples merely by way President Atty. Ted Villanueva has re- secured by the JBC via inter-agency of demonstrating what a managerial ap- leased a summary of accomplishments cooperation that actually merely sup- proach can bring to judicial reform. This is for the first six months of 2012. The list plements the background investigation what ties together my judicial philosophy includes Accidental Death Insurance cov- that the JBC already undertakes. That with my approach to judicial reform. The erage for IBP Bulacan Chapter members will lessen the burden of applying as common thread is that a Chief Justice, as in the amount of One Hundred Thousand a judge, so that the applicant can fo- the leader of the judiciary, has to see the Pesos, a Legal Mission in Calumpit and cus on the substantive requirement of Supreme Court in the context of history, San Ildefonso and a golf tournament demonstrating merit and competence. stand above the grayness of reality, and dubbed "Hampas Lupa para sa Inaaping define its role in the grand constitutional Dukha." Second, we must give credit to the design for the "shaping and application of The chapter also sponsored the IBP Court for all the reforms to streamline pro- those wise restraints that make us free." Bulacan Invitational Basketball Tourna- ment, Jail Visitation and Holy Wednesday Recollection. The Chapter conducted two Legal Fora - with the BIR in regard to the Cor- rect Filing of Taxes, and with the DENR on the matter of Environment Cases. The chapter also took part in the Central Lu- zon Shootfest and a Regional Sportsfest. Among the regular Chapter activi- ties are: Legal Aid Clinics on Tuesdays and Thursdays; Bible Study Meetings on Tuesdays; Monthly Legal Aid Committee Meetings; Monthly Board Meetings and Quarterly Jail Visitations for the Jail De- congestion Program. 32 IBP: Celebrating 40 years, 1973-2013 The bar Tribune tHougHts oN tHe judICIary Amado d. Valdez Dean, UE College of Law There must be a thorough re-assess- sion, a way of life that may be desirable as expressed in their Constitution. Javel- ment of the entire legal experience from even if the law cannot achieve or enforce lana did not follow the wisdom of the 1935 the conference rooms of law to the court- it". There is a public clamor for good gov- Constitution requiring people's ratification rooms, hearing rooms of quasi-judicial ernance, accountability and elimination of the proposed constitution resulted in bodies, and even the chambers and offic- of graft and corruption. The justices must Martial Law, while De Castro ignoring the es of judges, justices, arbiters, arbitrators. capture these prevailing aspirations and evil to be avoided in the midnight ban of Yes, people admire the public display make them real in their decisions over and the 1987 Constitution resulted in the un- or demonstration of legal procedures, but above technicalities and avoid narrowing precedented impeachment of the Chief are these not in many cases mere preten- of the application of judicial precedents to Justice. Perhaps, an important lesson to sions to show that justice is done although suit a certain result. Describing his role as be drilled in the consciousness is the dic- the reality is that what is delivered to the a decision-maker, a US Supreme Court tum that the will of the people expressed litigants are the dictates from the power- Justice said that "every time he writes a through their law is the will of God. ful, wealthy, or influential parties working decision he feels he's adding one more The first order of business of the behind the scenes? chapter to the American saga." new Chief Justice, therefore, must be the I am sure that during client-lawyer Judges must understand that law is a adoption of measures, in fact a vision, to conferences, many advice or suggestions carrier of the nation's values derived from restore in the judiciary that collective con- given include talks about enlisting pow- previous experiences. The notoriety of the sciousness of making their decision not erful and influential persons in addition Javellana decision giving judicial imprima- only consistent with the letters of the law to discussions of sound legal principles tur to the constitutional basis of Marcos's but the spirit expressed therein. In this that apply in a particular case. This gives martial law, gave rise to the provisions in way, the judiciary will be immensely con- credence to the scuttlebutt that one's suc- the 1987 Constitution on judicial inquiry tributing in cultivating the pre-conditions cess in law practice begins at the start of of the factual basis of the declaration of for economic development, such as politi- the process for judicial appointment. martial law. The midnight appointment cal stability, peace and order, rule of law, The work to redeem the judiciary from during the last days of the Garcia admin- and disciplined people for the common cynicism of its own members, of the legal istration likewise brought constitutional good. An Integrity Council in every region community and of the public as a whole, prohibitions. Yet, nine (9) members of the must be installed as peer mechanism to will take a long road and the first step be- present Supreme Court in the case of De sustain this ideal vision. gins with an acceptance that the judiciary Castro v. Judicial and Bar Council held Looking in the long term is the pos- as a community has lost the collective that the said constitutional ban did not ap- sibility creating a Constitutional Court that consciousness of the basic function of the ply to appointments in the Supreme Court. will deal with political questions. Under law and of the courts. They abandoned the 1998 Valenzuela the second clause of Article VIII, Section The credibility of a decision is not be- decision, saying condescendingly that "it I, par. 2 of the 1987 Constitution, the Su- cause the judge is competent, while this deserves to be quickly sent to the dustbin preme Court is no longer the weakest of quality is equally important. The decision of the unworthy and forgettable." Reading the three departments of the government, must be a acceptable in the light of reason the Javellana and De Castro decisions in metamorphosing from a timid judiciary and experience which when taken togeth- 1973 and 2010 respectively, show basic which was prevented from looking into the er constitute the spirit of the law. Every fair disregard of the collective will of the people validity of martial law because of the po- and just decision builds people's trust and confidence in the long run. The Supreme Court has a unique and paramount responsibility when it renders a decision. This way it participates in mak- ing the laws. It also shares governance. It exercises a sort of legislative function because its decision becomes part of the law of the land. It partakes of governance because its decision becomes precedent that guides the implementation of the vi- sion of the people expressed through the laws or Constitution. Judges must be reminded that a case, beneath the legalese, is a contest between right and wrong and a good de- cision is a story of good prevailing over evil. A judge guides and "promotes a vi- IBP: Celebrating 40 years, 1973-2013 33 august 2012 litical questions doctrine. It can now look Spanish Constitutional Court comprises other concepts worth looking into like trial into policies of the political departments of twelve members, four are proposed by the by jury perhaps up to less grave offenses the government if there is grave abuse of Chamber Deputies, four by the Senate, and in civil cases in such amounts where jurisdiction amounting to lack or excess of two by the Government and two by the paying the members of the jury will not jurisprudence. This offers a temptation for General Council of the Judiciary. In order worth it. We can introduce the no-contest political partisans to win Supreme Court to ensure continuity of the Tribunal's ac- be system of pleas and community service justices on their side, starting with their tions, one third of its members shall be ap- as penalty for youthful offenders, instead selection, appointment and stay in office. pointed every three years. The President of exempting them from criminal liability. The intensity of political issues will con- of the Court is elected among the mem- The requirement of legal aid service must tribute to the erosion of public trust in the ber. The decisions of the Constitutional be mandatory and longer for those who Supreme Court's independence and in- Court cannot be appealed by anyone. aspire for judicial posts. The profession- tegrity especially those cases heightened The Federal Supreme Court of the alization of the management of courts, a by high public expectations. United States is substantially a constitu- course on court management for exam- A constitutional court shall handle tional court, respecting the jurisdiction of ple, computerization of records, introduc- these issues. In Spain, according to Wike- the State Supreme Courts. tion of recording technology during trial, pedia, a Constitutional Court, other than The Integrated Bar of the Philippines vigorous introduction of cyber-technology its Supreme Court, is the highest judicial is the most dynamic professional organi- are in order. All these measures, from hu- body with the power to determine the con- zation in the country. Taken cumulatively, man engineering to technology can expe- stitutionality of acts and statutes of the our experiences are more than the best of dite the delivery of justice in the country. Spanish government. It is the "supreme logic look into different modes to ensure All measures or innovations, however, will interpreter" of the Constitution, but since it the viability of our judicial system. There fail if the human component, especially is not part of the rest of the Spanish Judici- is already a successful implementation of those in the High Court, will fail. ary for almost all other judicial matters, the the mediation system as well other alter- Hope springs eternal with the IBP. Supreme Court is the highest court. The natives in disputes resolution. There are "tHe CorreCt treatmeNt wIll dePeNd oN dIagNosIs oF tHe root Causes uNder- lyINg tHe symPtoms" Manuel de Jesus Siayngco Judge, RTC Branch, Malolos, Bulacan Today we are gathered in a public fo- ating mga hukom at empleyado ng mga magbayad ng sedula, maglimos sa mga rum on "The search for the next Supreme hukuman at gayun din ang mga abogado sermonias at sakramento ng simbahan Court Chief Justice." The letter invitation at mamamayang humaharap sa ating mga at lumuhod at mag-Besa-Mano sa Kura that I received from our IBP President hukuman at naghahanap ng katarungan? Paroko ng tinaguriang AMONG. Atty. Roan I. Libarios stated that the twen- Matapos ang nakaraang unang li- The answers to the present ques- ty-two (22) candidates are being invited mang (5) buwan ng taong 2012 ng pa- tions and issues on corruption, delay in to present their "Judicial Philosophy and glilitis at paghatol ng Senado sa impeach- the disposition cases and injustices within Judicial Program or Reform Agenda". ment case number 02-2011 laban sa the halls of justice were the same issues Let me present to you right away, ladies dating Punong Mahistrado Renato C. Co- confronted by our national hero Dr. Jose and gentlemen, my JUDICIAL PHILOS- rona, ang buong bayan ay nagtatanong Rizal in his novel Noli Me Tangere. In OPHY: Mat. 25, 31 – 46; my JUDICIAL at naghihintay ng mga kasagutan sa ka- more recent times, these problems have PROGRAM: Lk. 4, 18 – 19, my REFORM nilang mga suliranin at hinaing tungkol been exposed and given a wide publicity AGENDA: 2 Tim. 4, 6 – 8. sa katarungan. Ang kasalukuyang yugto in the book "Shadow of Doubt" written by I believe that the IBP is interested not ng kasaysayan ng ating bansa ay naha- Marites Vitug. so much in the personal lives or religious hawig sa kalagayang umiiral dito noong Sa loob ng labing-anim (16) na taon beliefs of the candidates but on what an- mga taong 1896–1898, na kinakitaan din ng pagiging hukom ng inyong lingkod swers they would give to the questions ng pagtitiis, pag-aalsa, paglaban at pag- sa MTC Malolos Br. 2 (1995 – 2001) at that are in the minds of everyone spe- tatagumpay ng Sambayanang Pilipino RTC Bulacan (2001 – 2011), ako po ay cifically on the issue of how each of the laban sa pagmamalabis at pagpapahirap naging saksi at nagpasan ng maraming candidates would prove themselves to the ng mga mananakop na Kastila, at laban krus sa pakikibaka laban sa mga suliran- JBC and to the Filipino people on the con- sa pangangamkam ng mga lupain at ing nabanggit maging sa mga panulat ni stitutional requirement of moral integrity, pambubuntis ng mga prayle sa kanilang Bb. Marites Vitug. Upang pangalagaan probity, competence and independence. mga kadalagahan. Ang ating mga ninu- ang mga pangalan at pagkatao ng mga Bilang tayo ay mga mag-aaral ng no, matapos mamulat sa pamamagitan nasasangkot sa mga kasong naidulog sa batas at bilang mag-aaral ng kasaysayan ng mga nobelang Noli Me Tangere at El ating hukuman at naging daan para sa mayroong mga katanungan at isyu tung- Filibusterismo ay nag-alsa, lumaban, at kasalukuyang kawalan ng tiwala "betray- kol sa ating Hudikatura na naghahanap nagwagi sa kapangyarihang kolonyal ng al of public trust" ng ating mamamayan sa ng mga kasagutan. Ano ba ang kasaluku- Espanya na pinairal ng mga prayle, guar- ating mga hukuman, bayaan po ninyong yang kalagayan ng ating mga hukuman at dia sibil at Huez de Paz na nagpatupad aking tunghayan ang mga panulat at mga institusyon ng katarungan sa ating ng mga kinamumuhiang batas at nagpa- karanasan ni Gat. Marcelo H. Del Pilar: bansa? Ano kaya ang mga karanasan ng rusa sa mga lumalabag sa tungkulinng "Noong binata pa si Del Pilar at mag- 34 IBP: Celebrating 40 years, 1973-2013 The bar Tribune Supreme Court will depend on his diag- nosis of the fundamental problem affect- ing the judiciary and the administration of justice. In the eyes of a doctor, the correct treatment of any disease will depend on what is his diagnosis of the root causes underlying the symptoms: corruption within the ranks, delay in the disposition of cases, unequal justice for the rich and the poor, selective/preferential treatment of detention and convicted prisoners, etc. On June 15, 1215, rebels in England led by nobles and barons defeated King John and compelled him to sign what was, and is, known as the Magna Carta. The most substantive clause of the Mag- na Carta was giving the subjects or the citizens the right to be tried first and ad- judged by their fellowmen and peers be- aaral ng batas sa Pamantasan ng Sto. pagbabangon sa Kabite, si Pari Toribio fore they can be imprisoned or beheaded Tomas, siya'y tumayong ninong ng isang del Pilar, panganay na kapatid ni Plaridel, or deprived or property or freehold or lib- sanggol sa isang binyagan. Napansin ni- ay ipinadakip dahil kasabawat diumano erty. The establishment of the jury system yang ang lahat ay nagbabayad ng dala- nina Padre Jose Burgos. Si Pari Toribio in England deprived the King of the Power wang reales, ngunit sa kanya ang siningil ay pansamantalang ipiniit sa Malolos. to judge his subjects. ay apat na reales sa dahilang ang sang- Pagkaraan ng ilang araw, siya'y inalis Before the signing of the Magna Car- gol ay isinilang sa ibang pook. sa kulungan mula sa Malolos patungo sa ta, King John was so despotic, ruthless, "Ito'y mahigpit na tinutulan ng ating kanyang Bulakan, may piring ang mga corrupt and so brutal to the people he binata hanggang ang prayle ay nagbitiw mata at nakatali ang mga kamay ng lubid would suspect of defaming him or simply ng maalipusta at malaswang pananalita. na nakakabit sa renda ng kabayo. criticizing him. Since the day Jury System Pinanatili ni Del Pilar ang kanyang pag- Nang matunghayan ni Plaridel ang began in England, English people lived a kamaginoo. Siya'y magalang na nagpaal- kalunus-kunos na kalagayan ng kanyang peaceful life. They no longer experienced am kasabay ng pagsasabing hindi siya kapatid, kanyang pinakiusapan ang kapi- to be hanged just because the King or maaaring maging isang ninong o kaya'y tan ng mga guwardiya sibil ng mangyaring Queen decreed it so. Since the signing of mamalagi sa isang bahay dalanginan na isakay sa kanyang kabayo si Pari Toribio Magna Carta, no more King or Queen be- ang panuntunan ng mabuting edukasyon at pahintulutang makapanhik kahit isang came despotic or abusive and those who ay hindi sinusunod. saglit man lamang sa kanilang tahanan sa were punished by the jury were only those Isinumbong ng kura ang binatang Cupang upang mabasbasan ng kanilang were truly guilty. Thus, Winston Church- Del Pilar sa gobernador sibil ng Maynila may karamdamang ina. Ang pakiusap ay ill later said that there can be no govern- bilang filibustero. Siya'y nahatulang nag- hindi dininig ng puno ng guardiya sibil sa ment that will be abusive if there is a jury kasala sa hukuman ng Unang Dulugan sa upat ng isang prayle. that exists. Quiapo at ikinulong sa Bilibid. Sa tulong Buhat sa kanyang baying sinilangan, When the United States of America ng isang kapitbahay ng puno ng military si Pari Toribio ay dinala sa Maynila upang (USA) was born July 4, 1787 in Philadel- sa Maynila, si Plaridel ay pinalaya pag- ipatapon sa Marianas, sa gitna ng Kara- phia, the leaders led by General George karaan ng isang buwan sa bilangguan. gatang Pasipiko, kasama ang kanyang Washington made it sure that the jury Ang pangyayari ang dahilan kung kababayang si Pari Mariano Sevilla y Vil- systems were installed to ensure that the bakit pinigil ng mga prayle ang kanyang lena." Whites would not discriminate against the pag-aaral ng abogasya sa loob ng isang Whatever solutions may be proposed Blacks and other races. Thomas Jeffer- taon. and whatever reform program may be son described the jury as the anchor by Noong 1872, matapos maganap ang launched by the new Chief Justice of the which the nation can hold together. CHAPTER NEWS 10th easterN vIsayas regIoNal CoNveNtIoN to Be Held IN Palo, leyte The 10th IBP Eastern Visayas following account: Regional Convention will be held on September 20-22 at the Ori- Account Name: IBP Leyte ental Hotel & Resort, Baras, Palo, Chapter Metro Bank Zamora Leyte. The convention offers 18 Branch, Tacloban City. units of MCLE. Account No.: 007-007-20707-3 Registration Fees are: P6,000, if payment is made on or before For more details please contact August 20; P6,000 for lifetime the IBP Leyte Chapter at Tel. (053) members; and P6,500, if payment 321-7811; IBP Cebu Chapter at Atty. Manuel L. Enage, Jr. is made after August 20 or on-site. Tel. (032) 2547787 and IBP Cebu Governor for Eastern Visayas Payments may be deposited to the City Chapter at (032) 2536713. IBP: Celebrating 40 years, 1973-2013 35 august 2012 a suPreme Court IN tHe servICe oF law aNd justICe Rafael A. Morales Partner, Sycip Salazar Hernandez & Gatmaitan Law Unlike in the United States where the grave abuse of discretion amounting to pose of it according to law and justice. power of judicial review is not expressly lack or excess of jurisdiction. For instance, Pursuant to Rule 2.03, Canon 2, of the conferred in the U.S. Supreme Court and, if I were in the Supreme Court at the time Code of Judicial Conduct, he must "not al- therefore, there was a need for Chief Jus- the case of Allied Banking Corporation v. low family, social, or other relationships to tice Marshall in Marbury v. Madison to Court of Appeals was decided, I would influence judicial conduct or judgment." A fashion and claim it for the U.S. Supreme have dissented, because the majority judge who cannot act independently must Court, the Supreme Court of the Philip- there effectively expanded the coverage recuse or inhibit himself from the case. If pines is expressly granted the power of of the Trust Receipts Law, in violation of appointed as Chief Justice of the Supreme judicial review in Article VIII of the 1987 the fundamental tenet that penal laws Court, I will observe these guidelines. Constitution. Moreover, our Supreme must be strictly construed in favor of the Let me turn now to my reform agenda. Court can handle and decide cases in the accused and cannot be enlarged in scope Aside from institutionalizing transparency first instance, meaning it is the first and by implication. However, I would have and accountability in the judiciary, there is final judge of certain cases. I am referring sided with the majority in Salvacion v. an urgent need to decongest court dock- here, for instance, to the Supreme Court's Central Bank of the Philippines, in allow- ets, and make the courts more accessible original jurisdiction over petitions for cer- ing the garnishment of the U.S. dollar de- to the people. In this connection, I will ini- tiorari, prohibition, mandamus, quo war- posit of a foreign national who had raped tially pursue the following reforms: ranto, and habeas corpus. a 12-year old Filipina and was trying to Whether the Supreme Court is exer- use as a defense the prohibition in the 1. Upward adjustment of the salary cising judicial review or hearing a case Foreign Currency Deposit Act against the scales of judges to attract a wider originally, each and every Justice (includ- garnishment or attachment of foreign cur- range of applicants to the judiciary. ing the Chief Justice) is bound by certain rency deposits. Indeed, the literal enforce- 2. Further revision of the Rules of Court rules of conduct that shape his judicial ment of that prohibition would have com- to reduce or eliminate technical re- philosophy or decision-making process. pounded the injustice to the rape victim. quirements, and to make litigation Rule 3.02, Canon 3, of the Code of Ju- On the other hand, I would have objected more affordable by reducing the filing dicial Conduct mandates that: "In every to the promulgation by the Supreme Court fees. case, a judge shall endeavor diligently to of the Rules of Procedure on Corporate 3. Establishment of additional divisions ascertain the facts and the applicable law Rehabilitation, because this set of rules of the Court of Appeals and strength- unswayed by partisan interests, public is not only procedural but also legislative en the research staff of the judiciary opinion or fear of criticism." in thrust as it effectively amended the In- to expedite the disposition of cases In cases where there are clear-cut le- solvency Law. The Supreme Court should more competently. gal provisions or rules applicable to a set have exercised judicial restraint there and 4. Filling up vacancies in the lower courts of facts, a judge should find no difficulty avoided performing what was essentially and improving court infrastructure. in complying with Rule 3.02 of Canon 3. a legislative function. 5. Stricter enforcement of the deadlines His task here is simply to apply preexist- I am aware of the criticism that to for the disposition of pending cases. ing legal provisions or rules to the facts, in strike down an executive order or a leg- 6. Greater support for the Philippine Ju- deciding the case. However, the task be- islative act is to be counter-majoritarian, dicial Academy in its mandate to en- comes somewhat difficult when there are since (according to the argument) the hance the professional competence no clear-cut legal provisions or rules ap- President of the Philippines as well as of judges. plicable to the case in hand. Whether the members of Congress are elected by the judge likes it or not, he must decide that majority of the people unlike the Justices In this regard, I will actively work for a case, in the light of the instruction in Arti- who are merely appointed. However, this substantial increase in the share of the ju- cle 9 of the Civil Code that: "No judge or criticism overlooks the fact that the people diciary in the national budget, through the court shall decline to render judgment by themselves have given that power to the Supreme Court's participation in the Ju- reason of the silence, obscurity or insuf- Supreme Court, as the Justices are man- dicial Executive and Legislative Advisory ficiency of the laws." It is in this situation dated by the Constitution "to determine and Consultative Council. that a member of the judiciary must navi- whether or not there has been a grave We have been wishing the executive gate uncharted waters on his own, using abuse of discretion amounting to lack or and the legislative branches to exercise his experience and guided by his beliefs. excess of jurisdiction on the part of any political will to implement much-needed There is here a spectrum one end of branch or instrumentality of the Govern- reforms in government. It is high time that which is judicial restraint and the other is ment." Indeed, this quoted language of we ask the Supreme Court to have the ju- judicial activism. I am somewhere in be- the Constitution has eroded the political- dicial will to restore dignity and credibility tween these two extremes. I will be in- question doctrine. in the judiciary. I intend to guide the Su- clined to be an activist and rein in execu- Above all, the Chief Justice, like any preme Court in this direction if I am ap- tive or legislative action that unreasonably other judge, must be independent. He pointed as its Chief Justice. deprives a person of his life or liberty, or must confine himself to the merits of the Thank you and good day. even his property, or if there has been a case and have no interest except to dis- 36 IBP: Celebrating 40 years, 1973-2013 The bar Tribune IBP mINdaNao PreseNts resolutIoNs For Board aCtIoN At the Joint Eastern and Western Mindanao Regional Consultative Meeting (left to right): IBP President Roan Libarios, Governor for Eastern Mindanao Israelito Torreon, Governor for Western Mindanao Florendo Opay and Zambasulta Chapter President Jose Rizalino Ortega. The IBP Board of Governors, in its June 8-9, dite the filling up of vacancies in the Ju- 2012 meeting, adopted and approved nine reso- diciary. lutions endorsed by the Joint Eastern and West- ern Mindanao Regional Consultative Meeting. . RESoLUTIoN No. XX-2012-168B – The joint meeting was held May 18, 2012 at the requesting the Department of Justice Quest Conference Hotel, Cebu City and attended and the Office of the President to ex- by IBP chapter presidents of Eastern and West- pedite the filling up of vacancies in the ern Mindanao. Governor for Eastern Mindanao Is- Prosecution Service and in the Public raelito Torreon, Governor for Western Mindanao Attorney's Office (PAO). Florendo Opay and IBP President Roan Libarios also attended the joint meeting. RESoLUTIoN No. XX-2012-168C -- Aside from the resolutions, the joint meeting requesting the Supreme Court to allow also discussed plans for the holding of the Mind- the IBP Eastern and Western Mindanao anao Regional Convention in Zamboanga City on Regions to set-up pay toilets in the Halls October 4-6. of Justice within their respective areas. Following are the resolutions submitted by the Mindanao chapters and subsequently adopted by RESoLUTIoN No. XX-2012-168d -- the IBP Board: calling on the IBP Board of Governors to prepare a comprehensive directory of RESoLUTIoN No. XX-2012-168 -- re- all lawyers, including a list of all IBP ac- questing the Judicial and Bar Council to tivities for the year, and to provide a free delete the "1st time bar-taker criteria" in copy of said directory to all attendees of the nominations for the Judicial Excel- the National Convention. lence Awards. RESoLUTIoN No. XX-2012-168E -- RESoLUTIoN No. XX-2012-168A -- the IBP Board of Governors adopts the requesting the Judicial and Bar Council policy that all IBP National and Chapter and the Office of the President to expe- Officers who will run for elective office IBP: Celebrating 40 years, 1973-2013 37 august 2012 will be deemed resigned from the date attendance to said election meetings as of the start of the official campaign and duty on official time. NOT from the date of filing of certificates of candidacy. RESoLUTIoN No. XX-2012-168G -- the IBP Board of Governors reconsid- RESoLUTIoN No. XX-2012-168F -- ers the disqualification of clerks of court the IBP Board of Governors amends from running for election as IBP officers. Section 12 (a) of the IBP Chapter By- Laws to effect the change of date of RESoLUTIoN No. XX-2012-168H -- election of IBP Officers and Directors the IBP Board of Governors amends from the last Saturday of February of Section 12 (g) of the IBP Chapter By- every other year to the last Friday of Laws proscribing the ELECTION and February of every other year; resolving not the NOMINATION of a person in further to request the Supreme Court more than one office during the same and Government Offices to authorize election. IBP mINdaNao CHaPter PresIdeNts arcedel i. libarios rustico a. peñas isidro l. Caracol Carlo C. Borromeo Jonathan M. Jocom Casiano s. retardo, Jr. Cynthia C. Doromal Gilberto M. Maduay Agusan Del Norte Agusan Del Sur Bukidnon Camiguin Davao City Davao Del Norte Davao Del Sur Davao Oriental alphon r. lagamon alfonso s. Casurra edwin M. Malazarte noel a. Ben alizedney M. Ditucalan Basari D. Mapupuno Daniel C. lao Vicente C. andiano Misamis Oriental Surigao Del Norte Surigao Del Sur Cotabato Lanao Del Norte Lanao Del Sur Misamis Occidental North Cotabato rosalio C. Cariño elvie e. albano rutillo B. pasok Jose rizalino l. ortega Michael l. ajoc edgar B. Bongalos richard B. rambuyong Saranggani South Cotabato Sultan Kudarat Zambasulta Zamboanga Del Norte Zamboanga Del Sur Zamboanga Sibugay 38 IBP: Celebrating 40 years, 1973-2013 The bar Tribune duterte Pledges all out suPPort For 14tH NatIoNal CoNveNtIoN oF lawyers By Aurora G. Geronimo Davao City Vice Mayor Rodrigo chapter delegates; P4,000.00 – Duterte has pledged the local gov- early bird rate (registration before ernment's all out support for the December 1, 2012), senior citizens 14th National Convention of Law- and lifetime members; P3,500.00 – yers and the IBP's 40th Anniversa- Luzon chapter delegates who will ry Celebration, scheduled January register before December 1, 2012. 15-19, 2012 at the SMX Conven- Law students get a 20 per cent dis- tion Center in Davao City. count while groups of 10 delegates Duterte attended the coordina- pay only for nine on lumpsum pay- tion meeting held July 13, 2012 at ment. the Marco Polo Hotel in Davao, to- The convention schedule was gether with chapter presidents of also firmed up during the meeting: Eastern and Western Mindanao, January 14 & 15, 2013 – registra- the chapter officers of Davao City tion and sportsfest; January 15, and National Officers led by Presi- 2013 – tree planting, inauguration dent Roan Libarios. The meeting of IBP Park and welcome dinner; was called to firm up plans for the January 16, 2013 – opening cer- biennial meeting of lawyers. emonies, Bench and Bar dialogue Atty. Rodrigo Duterte When asked for sponsorships and grand ball; January 17, 2013 Vice Mayor, Davao City from the city, Duterte, a lawyer – MCLE lectures, cultural and by profession, said "Aw bisan pag awards night; January 18, 2013 – the 40th foundation year of the pamahaw, paniudto ug panihapon" plenary and closing session; Janu- IBP; and the design of lectures on ("Even breakfast, lunch and din- ary 19, 2013 – MCLE sessions. a diverse range of topics such as ner.") The coordinating body also the mining industry, Scarborough The organizing committee is tar- agreed on preparatory activities Shoal, election issues/poll automa- geting a record attendance of 5,000 for the convention and ruby anni- tion, office management, charter IBP members and has finalized the versary, such as gathering of old change and stress management. registration fees: P5,000.00 – on- pictures by the chapters for pos- The next meeting of the coordi- site registration and regular regis- sible publication in the IBP coffee nating body will be held in October tration for Mindanao and Visayas table book that will memorialize 2012. IBP: Celebrating 40 years, 1973-2013 39 august 2012 IBP stePs uP PreParatIoNs For Pola CoNFereNCe By Aurora G. Geronimo With less than a month away, are the guest speakers. of Hong Kong; Mr. Kenji Yamagi- the IBP is stepping up preparations Manila Mayor Alfredo S. Lim shi, President, Japan Federation of for the 23rd Presidents of Law As- and Pasay City Mayor Antonino Bar Associations. sociations in Asia (POLA) Confer- Calixto will welcome the delegates Session III – "Globalization ence to be held on August 27-29 at in separate programs to be held in and Its Impact on the Legal Pro- Marriott Hotel, Pasay City. their respective cities. fession." Moderator: Mr. Akira Forty-nine foreign delegates The line-up of panelists for the Kawamura, President, Interna- have already registered for the business sessions have been final- tional Bar Association. Panelists: conference, which will be attended ized: Mr. Youngmoo Shin, President, by presidents and key officers of Session I – "Combating Hu- Korean Bar Association; Mr. David bar organizations in 25 countries in man Trafficking, Drugs and Cross- Liou, President, Taiwan Bar Asso- Asia and the Pacific, including of- Border Crimes: Challenges and ciation; Ms. Catherine Gale, Presi- ficers of international bar associa- Responses." Moderator: Ms. dent, Law Council of Australia; Mr. tions. Malathi Das, President, LAWASIA. Kimitoshi Yabuki, Attorney-at-Law, The conference program has Panelists: Hon. Jose Vicente B. Yabuki Law Offices; Ms. Alison been completed, with the theme Salazar, former IBP National Pres- Hook, Managing Director, Hook In- "The Legal Profession and the Re- ident & Undersecretary of Justice; ternational; newed Challenges of Globaliza- Mr. Isomi Susuki, President-elect, Session IV - "Role of Lawyers tion." Vice President Jejomar C. Bi- LAWASIA; Mr. Christopher Leong, in Promoting Corporate Social Re- nay, the country's highest ranking Vice President, LAWASIA & Vice sponsibility." Moderator: Mr. Jona- lawyer, will deliver the keynote ad- President, Bar Council of Malay- than Temm, President, New Zea- dress at the opening ceremonies sia; Ms. Catherine Gale, President, land Law Society. Panelists: Mr. on August 28, 2012. Law Council of Australia. Adish Aggarwala, Chairman, All In- Meanwhile, Executive Secre- Session II - "The Globalized dia Bar Association; Atty. Solomon tary Paquito N. Ochoa, Jr. will wel- Employment Market: Examina- M. Hermosura, Philippines - Legal come the delegates at the opening tion of Laws on Migrant Workers." Counsel, Ayala Corporation; Mr. function on August 27, 2012, where Moderator: Atty. Rosario T. Setias- Lok Vi Ming, Vice President, Law Senate President Juan Ponce En- Reyes, IBP National Director for Society of Singapore; Mr. Doil Son; rile and Senator Miriam Defensor Legal Aid; Panelists: Atty. Patricia Vice President, Korean Bar Asso- Santiago, recently elected to a Rosalind Salvador-Daway, Associ- ciation. nine-year tenure as Judge of the ate Dean, UP College of Law; Mr. International Criminal Court (ICC), Dieter Yih, President, Law Society 40 IBP: Celebrating 40 years, 1973-2013 The bar Tribune IN Cold Blood: the case of jimmy manlus-ag liguyon By Maria Mimosa M. Ramos The killing of 37-year-old indigenous Witnesses said that they heard Salu- leader and village Captain Datu Jimmy sad saying: "Akong gipatay si kapitan tun- Liguyon on March 5, 2012 shocked Ma- god kay wala kini mipirma sa SANMAT- laybalay City, Bukidnon. He was allegedly RIDA o wala mohatag og certification sa shot to death by a group of armed men led SANMATRIDA ("I killed the captain [vil- by Aldy Salusad a.k.a. "Butsoy". lage chief] because he wouldn't sign the News of Liguyon's murder spread SANMATRIDA and refused to give certi- quickly and was featured in broadcast, fication to SANMATRIDA"). Salusad also print and the internet. It was another act of warned the people that whoever com- all too common impunity. plains and fights back, especially the Liguyon had strongly been against the Liguyon siblings, will also be killed. introduction of the proposed large-scale The SANMATRIDA, or the San mining to be operated by the SANMAT- Fernando Tribal Datus Association, RIDA organization, in lieu of the existing is a group of Lumads that had report- small-scale mining activities by which not edly acquired from the government a Cer- only residents of Barangay Dao were ben- tificate of Ancestral Domain Title (CADT) efiting but also individuals coming from over 52,000 hectares of land in several other places including the so-called "CNN" villages in San Fernando, Bukidnon, in- (military abbreviation for CPP-NPA-NDF) cluding Dao. The SANMATRIDA Multi- operating in the area. purpose Cooperative, chaired by retired military official Herman Cris P. Estrella, The killing of Jimmy M. Liguyon has been enticing mining investors into Jimmy M. Liguyon (Information provided by the NGO, their area. The tribal datu of Barangay KARAPATAN) Dao under the SANMATRIDA is Alde's uncle, Datu 'Manayab" Carillo Salusad. On the 5th day of March 2012, at Jimmy strongly resisted the entry of about 6:30 in the evening, at Purok 2, large-scale mining companies in his vil- gawad (village council members) Melyn Barangay Dao, Municipality of San Fer- lage and this made him a target of SAN- Isidro, Medy Mancilla and Fausto Bacliran nando, in the province of Bukidnon, Jim- MATRIDA and its armed force, led by Ben were allegedly planning to kill him through my M. Liguyon was shot dead inside his Salusad a.k.a. Nonong, who is also Alde's the armed men of Nonong Salusad. residence by paramilitary man Alde Salu- father. It was learned that the three Barangay sad a.k.a. "Butsoy" using an armalite rifle. In October 2011, Jimmy reported a Kagawad were the local buyers of gold Emelio and Arser Liguyon, brothers of the series of harassment and attempts on his in the area through their financier from victim, narrated that at about 5:30 p.m. in life, particularly by Nonong Salusad, who Davao City and Valencia City. It was also the afternoon, they went to Jimmy's house is associated with the Philippine Army's reported that the three were encouraging to borrow money and rice for family con- 8th Infantry Battalion, and from the para- large-scale mining companies to operate sumption as well as for supplies for their military group TRION Force. in their locality. livelihood. Emelio and Arser recounted On October 13, 2011, Ben Salusad that they were talking with Jimmy at the called Jimmy, and threatened that should The Liguyons Fight Back terrace of his house when Salusad ar- he go back to Dao, they would kill him. rived, accompanied by fifteen (15) armed On October 16, Angge Del-anay, anoth- For their part, the Liguyons have con- men in military fatigues. Salusad walked er leader of TRION Force, went with his tinued their public awareness campaign. in without giving courtesy. group to Jimmy's house, but the Liguyon They have also asked the IBP for assis- When Salusad was about one meter family moved out of Dao after Salusad's tance in the investigation of the killing of away from Jimmy, he asked the victim threats. Liguyon and other harassment allegedly about the presence of the military in the On October 28, 2011, Jimmy and his perpetrated by the NIPAR and other para- area. Jimmy replied that he did not notice wife were coming home from a human military groups in the community. soldiers roving the area. Salusad then rights day rally in Cagayan de Oro City ordered Jimmy to transfer to the oppo- when they were stopped by armed men Referred to IBP on April 25, 2012 site bench. Jimmy obeyed and stood up. led by Dal-anay who led them to a vacant Salusad then pretended to offer his hand house. Dal-anay told Jimmy to stop join- The National President of the Inte- to shake Jimmy's, when, without a word, ing rallies and that he should allow mining grated Bar of the Philippines, Atty. Roan Salusad shot him with his baby armalite in Barangay Dao. Jimmy said he did not I. Libarios held a meeting and conducted rifle, hitting Jimmy in the chest, instantly want it. interviews with the Liguyons at the Na- killing him. Jimmy also reported that SANMAT- tional Office of IBP last April 25. The case Terrified, Emelio and Aser ran in RIDA convinced him and everyone else was referred to Atty. Rosario T. Setias- separate directions, leaving their brother to join their organization. He also reported Reyes, National Director of IBP-National behind. receiving information that Barangay Ka- Center for Legal Aid, and Atty. Dante P. IBP: Celebrating 40 years, 1973-2013 41 august 2012 IN COLD BLOOD... Mercado, Senior Deputy Director of IBP- National Center for Legal Aid (IBP-NCLA) IBP NCla wINs aCQuIttal as assisting counsels. By Dondon D. Samoy The IBP-NCLA coordinated with the Chief of Police of the Municipality of San THE IBP NATIONAL CENTER FOR ior Deputy Director Atty. Rosalie J. De la Fernando, Bukidnon thru a letter dated April 27, 2012, requesting a copy of the LEGAL AID recently obtained the acquit- Cruz and this writer, carefully reviewed result of the police investigation, with tal of an accused who was wrongfully the records of the proceedings in Duma- statements of witnesses and that of the charged with the crime of large-scale ille- los' case and filed an Appellant's Brief on suspects. Also, on the same date, the gal recruitment by a syndicate. December 21, 2010. The IBP-NCLA team IBP-NCLA communicated with the Deputy The information against Elizabeth was able to establish that Dumalos was Provincial Prosecutor of Malaybalay City, Dumalos and two others was originally in fact an ordinary applicant for overseas Bukidnon to inquire as to the status of the filed before Branch 6 of the Regional Trial work and was not part of an alleged illegal case and to forward the documents or Court of Baguio City. At the time she was recruitment syndicate. pleadings relative to the case. The IBP- charged, Dumalos was a typical applicant The Court of Appeals issued its judg- NCLA has received the copies of the po- for overseas employment. ment 14 months later on February 28, lice investigation and documents. In its decision dated October 24, 2012, acquitting Dumalos on grounds of The IBP-NCLA has also inquired from 2007, the Baguio RTC found Dumalos and reasonable doubt and modifying the deci- Ma. Shirlene Sario, Provincial Officer of the National Commission on Indigenous her co-accused guilty beyond reasonable sion of the Regional Trial Court. Peoples, about the satus of the applica- doubt of the crime of Illegal Recruitment The IBP-NCLA team visited Dumalos tion for Certificate of Ancestral Domain Committed in Large Scale by a Syndicate. on March 2, 2012 at the Correctional for filed by SANMATRIDA. The crime is penalized under Sections 6 Women in Mandaluyong City to inform The IBP-NCLA, in a letter to President and 7 of R.A. 8042 (Migrant Workers and her of the acquittal. An overjoyed Duma- Benigno "Noynoy" Aquino III, condemned Overseas Filipinos Act of 1995). Duma- los cried as she hugged and thanked Atty. in the strongest terms the senseless killing los and her co-accused were sentenced Rosario T. Setias- Reyes and Atty. Rosa- of innocent civilians by military and non- to life imprisonment, fined P500,000.00 lie J. De la Cruz for the legal assistance military personnel. The IBP-NCLA asked each and made to shoulder the costs of provided her. Dumalos has come to call the President to immediately disband suit. them her "angels" from the NCLA. and disarm the New Indigenous People's Dumalos subsequently filed a Notice On March 08, 2012, Dumalos finally Army Reformer (NIPAR) and ordered the of Appeal, elevating the case to the Court secured her release order from the Na- immediate investigation of the killing of Jimmy M. Liguyon and the immediate ar- of Appeals, which appointed the IBP- tional Penitentiary and returned to her rest of Alde Salusad and his fourteen (14) NCLA as her counsel de oficio. family in Benguet, seven years after los- cohorts. In compliance with the CA resolution ing her freedom. The IBP-NCLA called the KARAPA- the IBP-NCLA, through Executive Direc- TAN (Alliance for the Advancement of tor Atty. Rosario T. Setias-Reyes, Sen- People's Rights) Chairperson Marie Hi- lao-Enriquez to forward the documents on the extrajudicial killing of Jimmy Liguyon. The KARAPATAN transmitted to IBP- NCLA the profile of the case and prom- ised to send the other pending documents from Malaybalay City, Bukidnon. The IBP-NCLA has also asked the help of Lieutenant General Jessie D. Del- losa, Chief of Staff of the Armed Forces of the Philippines, to immediately disband and disarm the NIPAR; arrest Alde Salu- sad and fourteen (14) John Does involved in the said killing and conduct a thorough investigation on the killing. The Road Ahead As things stand, doubts have been raised if the case will prosper. While a warrant of arrest has been issued, sus- pect Alde Salusad and his 14 cohorts have not been arrested and continue to remain at large, five months after they snuffed out the life of one of their own — Jimmy Manlus-ag Liguyon. Elizabeth Dumalos: free again. 42 IBP: Celebrating 40 years, 1973-2013 Atty. Frederico M. Gapuz The bar Tribune (1934 - 2012) IBP Pays trIBute to PIllar IN PuBlIC INterest lawyerINg By Maria Mimosa M. Ramos de Oro City, to pay tribute to their memories of his late boss and men- beloved brother in the profession. tor while retired Court of Appeals Officers of the Chapter, headed Justice Alfredo Lagamon, Sr. nar- by its President, Atty. Alphon R. rated his encounters with Gapuz, Lagamon, led the service. Other praising him for his long and admi- officers --- Attorneys Rex Raagas, rable career as a staunch defender Mylene M. Durano, Carlomagno of human rights. Attorneys James Calingin --- read from Scripture, Judith and Francisco del Castillo while Chapter member Atty. Ben- also offered eulogies for their dear ber Apepe was service leader. friend before one of Gapuz's sons, The mood was solemn as Frederico Jr., thanked the Chapter heartfelt eulogies delivered by on behalf of the family. members of the Gapuz family and IBP-National Director for Le- close friends, including colleagues gal Aid, Atty. Rosario T. Setias- from the Integrated Bar of the Phil- Reyes also paid tribute to Atty. ippines, resonated at the IFI Pro- Gapuz and presented a posthu- Cathedral. Many of Atty. Gapuz's mous Presidential Plaque of Merit The IBP is deeply saddened colleagues braved the rains to and the IBP Death Benefit Check by the passing of Atty. Frederico pay their last respects, including in the amount of Twenty Thousand M. Gapuz on May 12, 2012, at his Court of Appeals Executive Justice Pesos (P20,000.00) to his widow home in Alubijid, Misamis Oriental, Romulo V. Borja, Court of Appeals Mrs. Liberty Janubas Gapuz and after a long illness. He was 77. Associate Justice Edgardo T. Llor- their children, namely: Emmanuel, Atty. Gapuz is remembered for en, RTC Executive Judge Evelyn Michael, Andrew, Maria Catherine his inspiring and exemplary com- Gamotin-Nery, MTC Executive and Fernando Frederico. mitment as a peoples' lawyer, a Judge Eleuteria Badoles-Algodon, Atty. Setias-Reyes acknowl- nationalist, true patriot and a mod- Xavier University College of Law edged the many achievements of ern Filipino hero. Dean Raul R. Villanueva and other Atty. Gapuz as a true "Manlalaban On May 17, 2012, the Integrat- members of the judiciary. Those ug Bayani sa Katawhan." (Warrior ed Bar of the Philippines Misamis who attended the necrological ser- and Hero for Humanity) Oriental Chapter gathered at the vice can attest to how loved and Atty. Gapuz was laid to rest on Iglesia Filipina Independiente-Agli- admired their fallen brother was. May 18, 2012 at the Alubijid Cem- payan Church, in Bulua, Cagayan Atty. Armando Kho shared fond etery. "Poverty is a question of wealth, they say. But poverty is a question of law, as well. Law legitimizes this unequal, exploitative, inhumane social order. And it is our challenge as public interest lawyers to save what remains of the law for the benefit of our people's human rights, as we envision a social order where equality is lived and does not merely exist as a concept in legalese." --- Atty. Federico M. Gapuz, welcome address at the 5th Conference Atty. Setias-Reyes presents a posthumous Presidential Plaque of of Lawyers in Asia-Pacific (COLAP), November 2010 Merit and the IBP Death Benefit Check to the Gapuz family, led by his wife, Mrs. Liberty Janubas Gapuz. IBP: Celebrating 40 years, 1973-2013 43 august 2012 IBP to HelP PoPularIze alterNatIve dIsPute resolutIoN The Integrated Bar of the Phil- ippines has joined forces with the Office for Alternative Dispute Res- olution (OADR) to increase public awareness of alternative dispute resolution (ADR) as a substitute way of resolving disputes. ADR refers to any process or procedure used to resolve a dis- pute or controversy other than by adjudication of a presiding judge of a court or an officer of a govern- ment agency. A neutral third party assists in the resolution of issues under ADR. Justice Undersecretary Jose Vicente Salazar (second from right) discusses a point with OADR members (left to right) Atty. Ismael Khan, Mr. Francis Chua, and UST Law Dean Nilo Divina. The OADR was created under R.A. 9285, the Alternative Dis- 2010 through Department of Jus- and Industry, IBP President Roan pute Resolution Act of 2004, which tice Order No. 210 issued by then Libarios and Dean Nilo Divina of was enacted on April 2, 2004. The Secretary of Justice Alberto Agra. the University of Santo Tomas OADR is an attached agency of The Advisory Council has been (UST) Faculty of Civil Law. The the Department of Justice and is formally constituted with the fol- Council is advisor to the OADR Ex- tasked to promote, develop and ex- lowing pioneer members: former ecutive Director on policy, opera- pand the use of ADR in the private SC Associate Justice Consuelo tion and other relevant matters. and public sector. ADR is a means Ynares-Santiago; Atty. Ismael IBP President Libarios has to achieve speedy and impartial Khan, former SC Assistant Court promised to actively promote ADR justice and declog court dockets. Administrator and Chief of the Pub- and suggested including the OADR To hasten ADR development lic Information Office; Mr. Francis during National Law Week activi- and public acceptance, an Advi- Chua, Chairman Emeritus of the ties this September. (Ma. Christina sory Council was created in March Philippine Chamber of Commerce V. Abalos) OADR Advisory Council members (left to right): Atty. Khan, Atty. Libarios and Associate Justice Ynares-Santiago with OADR Directors. 44 IBP: Celebrating 40 years, 1973-2013 The bar Tribune ProPosals For Peer assIstaNCe PusHed ting for a group personal accident insurance for IBP members. A sam- ple plan would have 1,000 minimum enrolees paying one hundred pesos (P100.00) annual premium each. Under this program, lawyers will be entitled to P100,000.00 accidental death benefit insurance, P50,000.00 for unprovoked murder and assault, burial benefit for accident victims at P10,000.00 and Daily Hospital Income Benefit (maximum 30 days/year) at P150.00 per day. Atty. Risos-Vidal has also consult- ed the Social Security System (SSS) on how IBP can help self-employed law practitioners become SSS mem- bers. The SSS, through Mr. Raul Ma- tan (Program Specialist, Professional Sector Department) proposed that it Peer Assistance Program Director ing the propriety and / or permissibility conduct brief presentations on SSS Alicia A. Risos-Vidal is presenting to of lawyers publicizing their services membership and benefits to interest- the IBP Board of Governors a number through various media such as print, ed IBP Chapters. of proposals affecting legal practice banners, TV, radio, broadcast and the Interested chapters are asked to and members' welfare. internet. One promotional project in- get in touch with the PAP Director at Atty. Risos-Vidal is proposing the volves the emailing of discount cards. the IBP National Office to arrange the issuance of uniform guidelines regard- The PAP Director is likewise bat- briefings. IBP, NuPl dIsCuss ProteCtIoN For lawyers Peer Assistance Program Director Ali- cia A. Risos-Vidal recently discussed with Public Attorneys Office (PAO) Chief Persida R. Acosta (left) the con- Atty. Alicia A. Risos-Vidal, National Director for Peer Assistance Program with cerns of the 1,500 PAO lawyers work- Atty. Edre U. Olalia (right), Secretary General of NUPL ing in over 300 districts and 17 regional Peer Assistance Program Director rights cases or issues. offices all over the country. Alicia A. Risos-Vidal recently met with Na- The available data point to unidenti- tional Union of Peoples' Lawyers (NUPL) fied parties or military/intelligence person- Secretary General Atty. Edre U. Olalia to nel as alleged perpetrators. Atty. Olalia discuss the surge of physical attacks and himself has been the subject of a number threats on lawyers, judges and even law of harassment and threats in the course of students. his work as a human rights lawyer. Based on a 28-page list of cases Attorneys Risos-Vidal and Olalia have prepared by the NUPL and Counsels for began sharing information and identified the Defense of Liberties (CODAL), the cases which need immediate attention. total number of judges or lawyers killed They are also considering a possible tie or physically attacked since 2001 have up with the Lawyers to Lawyers Program reached 95, 51 of them involving human of the Netherlands. IBP: Celebrating 40 years, 1973-2013 45 august 2012 CHAPTER NEWS IBP CalmaNa & rotary CluB oF CalooCaN wow tHe CHIldreN at rsCC The Integrated Bar of the Philip- Mackay, President; Atty. Emerson pines Caloocan-Malabon-Navotas T. Barrientos, Treasurer; Atty. Jon- (CalMaNa) Chapter, in partnership athan Mario D. Ibe, Auditor; Atty. with the Rotary Club of Caloocan, Marvin J. Urmenita, PRO; Atty. held a Storytelling, Feeding and Nancy Aurora D. Quimpo, Director; Gift-Giving project last July 21 at Atty. Albert P.Revilles, Director; the Reception and Study Center and Atty. Eric C. Alajar, PAO Ma- for Children in Bago Bantay, Qu- labon Chief. ezon City. The Rotary Club of Caloocan The RSCC is a home for the contingent was led by Eric Ma- abandoned, abused, neglected, ranan, President; Atty. Emiliano and exploited children aged seven A. Mackay, Past President; and years old and below. members Ricky Angeles, Rey Vis- IBP CalMaNa Chapter partici- tro, Ronald Abrenica and Salvador The IBP Central Luzon Region pants included Atty. Emiliano A. Quimpo. organized its first ever fun run – "LakaRun Para Sa Katarungan" -- on the third day of its Regional Con- vention held last June at the Clark Freeport Zone. The event was well attended and will henceforth become a regular feature of every Central Luzon Re- gional Convention. Central Luzon Chapters are the beneficiaries of the fun run. from the standpoint of law enforce- ment agencies and the judiciary. Also discussed were the Depart- ment of Justice-led Inter-Agency Council Against Trafficking (IACAT) Philippines protocol on handling child trafficking, the role of the Department of Labor and Employment in TIP cas- es in relation to child labor and illegal recruitment and the rights-based ap- proach in handling TIP cases. According to ATLAS Executive Director Jocelle Batapa-Sigue, the training aims to provide a strong and The IBP Negros Occidental Legal ti-Trafficking in Persons Act of 2003. skilled pool of lawyers in the private Aid Committee recently partnered with The training was held July 5 and 6, and public sector to ensure the suc- the Anti-Trafficking Legal Advocates 2012 at The Ripples, L'Fisher Hotel, cessful conviction of TIP cases in Ne- Society (ATLAS) of Bacolod City in or- Bacolod City. gros Occidental. ATLAS was awarded ganizing the 2nd Quarter Legal Train- The seminar was organized to a grant by the Australian Embassy to ing For Investigation And Prosecution equip participants in handling TIP cas- fund the trainings. (With a report from of Trafficking In Persons (TIP) Cases es, covering issues related to rescue iloiloNEWSTODAY.com) under Republic Act No. 9208, the An- and investigation of trafficked victims 46 IBP: Celebrating 40 years, 1973-2013 The bar Tribune 18 June 2012 The Bureau of Jail Management and Penology ex- presses its warmest gratitude to the Integrated Bar of July 20, 2012 the Philippines for the support and assistance during the conduct of the National Legal Consultation's Day in jail I wish to thank you for organising the first ever public units nationwide, as part of BJMP's celebration of the forum on the Search for the Next Chief Justice. I can con- Community Relations Service Month this June. We owe fidently say it was a success! you the great success of our community relations efforts. We look forward to more media forum organised by This undertaking did not only bring us closer to the IBP in the future, especially on matters of national inter- community but also proved that IBP is as committed to est involving the judiciary. It's comforting to know IBP is the corporate social responsibility of promoting commu- taking an active role in disseminating information on the nity development. state and the future of the Judiciary! With these, the Jail Bureau shall always be enthusi- I'm delighted to share we have created a Poll Question: astic to take part in any of IBP's projects should you wish "Who will be the next Chief Justice?" in Pinoyexchange. our participation. Our CRS shall eagerly accommodate com. Currently, members can discuss their thoughts on you through its officer in charge, Jail Inspector Xavier A. the ongoing JBC Live interview and on the manner the Solda at 927-6383 local 117. Again, thank you and we look forward to more years CJ candidates answer the questions. Pinoyexchange mem- of partnership. bers will start casting their vote as soon as we have the official shortlist from the JBC. Please see http://www. Very respectfully yours, pinoyexchange.com/forums/showthread.php?t=581262 We have created a new thread – "Decisions - IN THE (Sgd.) DIONY D. MAMARIL, CES (E) EYE OF THE SUPREME COURT OF THE PHILIP- Jail Chief Superintendent PINES" Please see: http://www.pinoyexchange.com/fo- Officer-in-Charge rums/showthread.php?t=580533 Bureau of Jail Management This thread aims to address and encourage discus- and Penology sions on decisions and any issues related to the Supreme Court of the Philippines. Another thread "Who is NOT nominated to be Chief Justice?" [See: http://www. pinoyexchange.com/forums/showthread.php?t=575770] July 2, 2012 aims to encourage discussion on the CJ nominees and pos- sibly the selection process of the JBC. After the Impeach- The Philippine Overseas Employment Administration ment trial of Former CJ Corona, there has never been a would like to commend the Integrated Bar of the Philip- time where the public passionately discuss the role of the pines' initiative to render legal aid to Overseas Filipino Judiciary in our society. Workers through the IBP's OFW Legal Assistance Unit. I'd like to take this opportunity to clarify that although As the lead agency in the regulation of private sector participation in recruitment and placement of workers I am not a Moderator or Administrator of Pinoyexchange. for overseas employment, we appreciate every effort ex- com. I took it upon myself, as a member, to disseminate ercised by other entities to extend help to OFWs seeking information and/or speak my mind on issues concerning redress from illegal recruiters and recruitment violators the Judiciary. who exploit the public's demand for honest labor. I look forward to attend the next IBP Forum! Again, In this connection, we would like to set a meeting thank you for organising such a successful public-media with you to discuss the possibilities of forging an official forum. partnership to come up with complementing programs for the benefit of our Filipino Workers. (Sgd.) Leugenn Alipio Concerned Citizen Thank you very much. (Sgd.) HANS LEO J. CACDAC Administrator Philippine Overseas Employment Administration IBP: Celebrating 40 years, 1973-2013 47 22 INTEGRATED BAR OF THE PHILIPPINES CHAPTER DIRECTORY Chapter President Address Tel./Mobile Chapter President Address Tel./Mobile NORTHERN LUZON EASTERN VISAYAS Abra CONDE CLARO C. VENuS IBP Office, 2/F, Hall of Justice, Bangued, Abra (074) 752-8322 Biliran MELJOHN B. DE LA PENA IBP Office, 2/F, Solite Building cor. (053) 500-9389 Baguio-Benguet FRANKLIN B. CALPITO IBP Office, Hall of Justice, Baguio City (074) 442-8937 Vicentillos & Ballesteros Sts., Naval, Biliran Cagayan ORLANDO D. BELTRAN IBP Office, Hall of Justice, Carig, Tuguegarao City (078) 844-1221 Bohol CRISTIFIL D. BALuMA RTC-IBP Law Library, Capitol Bldg.Tagbilaran City, Bohol (038) 235-5919 Ifugao ROMEO u. HABBILING IBP Office, Hall of Justice, Lagawe, Ifugao Cebu FERDINAND A. PEPITO IBP Building, Capitol Compound, Cebu City (032) 254-7787 February 2012 Ilocos Norte MARIANO R. NALuPTA JR. IBP Office, 2/F, Marcos Hall of Justice (077) 772-0845 / Cebu City EARL M. BONACHITA IBP Building, Capitol Compound, Cebu City (032) 253-6713 Laoag City, Ilocos Norte 792-3045 Eastern Samar JOSE VICENTE R.M. OPINION IBP Building, Borongan, Eastern Samar Ilocos Sur JOSE ROSARIO JIMENEz IBP Office, Provincial Capitol, Vigan City, Ilocos Sur (077) 722-3364 Leyte ROY PERCIVAL M. PEREz IBP Building Leyte Sports Development Center Comp. (053) 321-3615 Isabela NERIzA M. DASIG-CACATIAN IBP Bldg. Alibagu, Ilagan, Isabela (078) 622-2323 / Sta. Cruz., Tacloban City 0939 557-8257 Northern Samar ROLANDO P. DuBONGCO Allen, Northern Samar Kalinga-Apayao FRANCIS B. CALSIYAO IBP Office, Magsaysay St., Tabuk, Kalinga-Apayao Samar CESAR T. MABANSAG IBP Building, Court House Compound, Catbalogan, Samar La union ABRAHAM F. DATLAG IBP Office, 2/F G.E.Antonio Bldg., (072) 888-5579 / Southern Leyte MANuEL L. ENAGE, JR. IBP Office, Bulwagan ng Katarungan, Maasin City, southern Leyte (053) 381-2191 San Fernando City, La union 0905 411-0640 WESTERN VISAYAS Mountain Province WILSON K. KALANGEG IBP Office, Bontoc, Mountain Province (078) 805-1068 Aklan FLORA B. ALMERO IBP Office, Hall of Justice, Godofredo Ramos Street, Kalibo, Aklan (036) 621-1499 Nueva Vizcaya EMMANuEL C. RASING IBP Office, Justice Hall Bldg. (078) 805-1068 / Antinque CORNELIO P. ALDON San Jose, Antique Bayombong, Nueva Vizcaya 0908 862-5152 Capiz LORENCITO B. DIAz IBP Office, 2/F, Hall of Justice, Roxas City (036) 621-1499 Quirino EDWIN O. BETGuEN IBP Office, Hall of Justice, Cabarroguis, Quirino Province 0917 580-7360 Guimaras ROMMEL C. BELLONES M. Chavez Hall, Hall of Justice, San Miguel, Jordan, Guimaras (033) 329-6440 CENTRAL LUZON Iloilo PAuLINO L. SALMON, JR. 4/F, Hall of Justice, Iloilo City (033) 337-5224 Bataan JuLIET S. SALARIA IBP Bldg., Capitol Compound, City of Balanga, Bataan (047) 921-1085 Negros Occidental FILOMENO B. TAN, JR. IBP Building, Nursery Compound, Gatuslao Ctreet, Bacolod City (034) 433-1611 Bulacan CECILIO ALEJANDRO C. VILLANuEVA IBP Office, Provincial Capitol, Malolos, Bulacan (044) 662-4768 Negros Oriental ARTuRO M. DuPIO IBP Office, Hall of Justice, Capitol Area (035) 225-2624/ Nueva Ecija LYDIA BAuTO-HIPOLITO IBP Bldg., Ramos St., Cabanatuan City, Nueva Ecija (044) 600-2553 / Dumaguete City, Negros Oriental 225-4579 311-2106 Palawan NESARIO G. AWAT G/F, Capitol Building, Capitol Compound, Fernandez St. Pampanga CASIANO C. SABILE IBP Bldg., Capitol Compound (045) 963-5007 Puerto Princesa City, Palawan (048) 434-8411 San Fernando City, Pampanga Romblon MARK ANTHONY N. GANAN Batiano, Odiongan, Romblon Pangasinan FARAH MARIE G. DECANO IBP Bldg., Judge Jose R. De Venecia Sr. Memorial Hall, (075) 614-3119 Siquijor ALFONSO L. SALCEDO Camangki, Enrique Villanueva, Siquijor Bonuan, Tondaligan, Dagupan City, Pangasinan EASTERN MINDANO Tarlac ARNALDO P. DIzON IBP Bldg., Tarlac City (045) 982-7813 Agusan del Norte ARCEDEL I. LIBARIOS IBP Office, Capitol Building, Capitol Site, Butuan City (085) 342-5224/ zambales CHRISTOPHER LAWRENCE B. MONATO IBP Bldg., Ohio St., upper Kalaklan, Olongapo City (047) 811-1534 342-8980 SOUTHERN LUZON Agusan del Sur RuSTICO A. PEñAS IBP Office, Beside RTC, Government Center, Patin-ay (085) 343-8847 Aurora SHARON T. YLANAN IBP Office, Brgy. Suklayin, Baler, Aurora Prosperidad, Agusan Del Sur Batangas LOIDA C. CONTI IBP Office, Bulwagan ng Katarungan, Pollocan West, Batangas City Bukidnon ISIDRO L. CARACOL Free Legal Aid Office, Malaybalay, Bukidnon (088) 221-3225 Calmana EMILIANO A. MACKAY IBP Office, 3/F, Aurelio Bldg., 9th Avenue, Caloocan City Camiguin CARLO C. BORROMEO Poblacion, Mambajao, Camiguin Cavite RENANTE C. BIHASA IBP Chapter Bldg., E. Aguinaldo Highway, Imus, Cavite Davao City JONATHAN M. JOCOM 2/F, Hall of Justice, Candelaria Street, Ecoland, Davao City (082) 296-0070 Laguna VIRGILIO B. GALEON IBP Office, Don Tomas Dizon Hall, Hall of Justice, San Pablo City Davao del Norte CASIANO S. RETARDO, JR. Solaon Building, Quezon Street, Tagum Ciyt, Davao Del Norte (084) 400-5468 Makati GRACE P. QuEVEDO-PANAGSAGAN IBP Office, uG 39, Cityland Dela Rosa Condominium, Dela Rosa St., Makati City Davao del Sur CYNTHIA CARADO DOROMAL IBP Building, Hall of Justice Compound, Digos City Marinduque MA. AuRORA P. SORI-ROMANO IBP Office, unit 5, 3K Bldg., Barangay 2, Poblacion Gasan, Marinduque Davao Oriental GILBERTO M. MADuAY Mati, Davao Oriental Occidental Mindoro ALFREDO A. CASTILLO IBP Office, San Jose, Occidental Mindoro Misamis Oriental ALPHON R. LAGAMON IBP Bldg., Provincial Capitol Compound (088) 856-4209 Oriental Mindoro CHARLOTTE F. AGuBA-GOCO IBP Office, Capitol Square, Calapan City Cagayan De Oro City, Misamis Oriental PPLM PATERNO S. LARRACAS IBP Office, Rm. 217, Pasay City Hall, F.B. Harrison St., Pasay City Surigao del Norte ALFONSO S. CASuRRA IBP Office, Parola P. Reyes Street, Surigao City, 8400 Surigao Del Norte (086) 826-6015 Quezon RONALDO A. SALAMILLAS IBP Building, near RTC, Lucena City Surigao del Sur EDWIN M. MALAzARTE RTC IBP Law Library, Palace of Justice Building, (086) 211-3414 Rizal JuLIAN R. TORCuATOR JR. Rizal Provincial Jail Compound, Cabera Road, Sitio Kaytikling, Brgy. Dolores, Taytay Capitol Hills, Tandag, Surigao Del Sur GREATER MANILA WESTERN MINDANAO Manila I FRANCISCO A. SANCHEz III IBP Office, 1929 Tomas Mapua Street zambasulta JOSE RIzALINO L. ORTEGA 2/F, Room 201, Hall of Justice, zamboanga City (062) 993-2899 Manila II ROSARIO T. SETIAS-REYES unit 427, Madrigal Building, No. 286, Escolta, Manila 0919-8184068 Cotabato NOEL A. BEN Hall of Justice, Regional Complex, Cotabato City, Cotabato (064) 421-3841 Manila III GISELA F. LOOD IBP Office, Rm. 504, Doña Amparo Bldg. 735-7275 Lanao del Norte ALIzEDNEY M. DITuCALAN IBP Bldg., Badelles Street, Iligan City, Lanao Del Norte (063) 352-0328 Cataluña Street, Sampaloc, Manila Lanao del Sur BASARI D. MAPuPuNO IBP Building, Bongon, Marawi City, Lanao Del Sur (063) 352-0328 Manila IV YOLANDO F. LIM IBP OffiCe, L2 F1 uG Floor, Bugundy Transpacific Place 0915-1804059 Misamis Occidental DANIEL C. LAO Hall of Justice, Ozamis City, Misamis Occidental (088) 521-3306 2444 Taf Ave., Malate, Manila North Cotabato VICENTE C. ANDIANO Public Attorneys Office, Kidapawan City, North Cotabato (064) 288-5429 Quezon City VICTORIA V. LOANzON IBP Office, Rm. 235, 2Flr, Justice Hall, 925-7183 South Cotabato ELVIE E. ALBANO IBP Room, Hall of Justice, lagao General Santos City, South Cotabato (083) 552-3221 City Hall Compound, Quezon City Sultan Kudarat RuTILLO B. PASOK Magsaysay Avenue, Poblacion, Tacurong City, Sultan Kudarat (064) 201-3550 BICOLANDIA Samboanga del Norte MICHAEL L. AJOC 2/F, Hall of Justice, Dipolog City, zamboanga Del Norte (065) 212-2638 Albay VIENTE P. DEL ROSARIO IBP Office, RTC Hall, Rawis, Legaspi City (052) 4820281/ zamboanga del Sur EDGAR B. BONGALOS 2/F, Hall of Justice, Pagadian City, zamboanga Del Sur (062) 214-3953 4814640 zamboanga Sibugay RICHARD B. RAMBuYONG Ipil, zamboanga Sibugay (062) 333-5704 Camarines Norte ELAINE GAY R. BELEN IBP Office, Daet, Camarines Norte (054) 440-0902 Sarangani ROSALIO C. CARIñO Rm. 206 Arenas Building, Pioneers Ave., General Santos Camarines Sur ANTONIO C. RIVERO IBP Building, J. Miranda Avenue, Naga City (054) 473-2042 Catanduanes GREGORIO M. SARMIENTO, JR. IBP Office, Hall of Justice, Capitol Compound, Virac, Catanduanes (052) 811-2245 Masbate ROSALITO B. APOYA IBP Office, Hall of Justice, Masbate, Masbate Compiled by Aurora Geronimo, Ron-ron Chu and Roel Lepasana Sorsogon WILLIAM E. ERLANO IBP Office, Bulwagan ng Katarungan, Sorsogon City, Sorsogon (056) 211-3272 Encoded by Precious Caseñas
Pages to are hidden for
"The Bar Tribune August 2012"Please download to view full document