Volume XVI, No. 1 Manila, Philippines January - July...

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Volume XVI, No. 1 Manila, Philippines January - July 2016 Inside this Issue Court of Appeals 80 th Anniversary CJ Sereno CA Anniversary Speech The CA’s Journey Towards Excellence EO No. 201 A Welcome Development 2016 BAR Passers Women’s Month 2016 / GAD Seminar 5 7 12 13 14-15 16 Spiritual Message Sage from Marikina Eulogy for CJ Corona CA Cebu Teambuilding When Justice Was Wrong CA Manila Teambuilding 17 18 19 20 22 23

Transcript of Volume XVI, No. 1 Manila, Philippines January - July...

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Volume XVI, No. 1 Manila, Philippines January - July 2016

Inside this Issue

Court of Appeals 80th AnniversaryCJ Sereno CA Anniversary SpeechThe CA’s Journey Towards ExcellenceEO No. 201 A Welcome Development2016 BAR PassersWomen’s Month 2016 / GAD Seminar

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14-1516

Spiritual MessageSage from MarikinaEulogy for CJ CoronaCA Cebu TeambuildingWhen Justice Was WrongCA Manila Teambuilding

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Court of Appeals Journal4

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By Justice Carmelita Salandanan Manahan

Court of Appeals 80th Anniversary“Reaching Judicial Excellence at 80”

Reorganization Act of 1980,” which immediately took effect upon its approval on 14 August 1981. With amendments, the Judiciary Reorganization Act of 1980 is the organic law of the Court of Appeals today.

On 30 December 1996, Republic Act No. 8246 was enacted to serve the growing needs of the people for a more accessible and responsive Court of Appeals. The statute further amended the Judiciary Act of 1980 to increase the number of associate justices of the Court of Appeals to sixty-nine (69) who shall be serving twenty-three (23) Divisions. Furthermore, the same statute established the Court of Appeals Mindanao Station located in Cagayan de Oro City and the Court of Appeals Visayas Station located in Cebu City. However, the legislation was implemented only after eight (8) years or in 2004.

Fastforward to 1 February 2016, the Court of Appeals, as the second highest court in the Philippines, celebrated its 80th

Anniversary with the theme, “Court of Appeals at 80: Reaching Judicial Excellence.” The Court of Appeals 80th anniversary is aptly themed in recognition of its important achievements for the past eighty (80) years. The theme also serves as a compass which leads the Court of Appeals from the lessons of the past to the road of excellence in justice dispensation.

In her winning essay, Christina Marie F. Lloren, eloquently tells us the synergy between the Court’s creed and the 80th Anniversary theme, to quote:

“The Court of Appeals has embarked on this journey when it envisioned a ‘court where judicial excellence is a daily reality.’ This vision together with the Court’s creed – ‘Justitia Per Legem’ or Justice through Law – have served as guiding principles in the Court’s commitment to render justice and uphold the rule of law – a Herculean task which requires the infusion into the institution of certain traits and characteristics that will serve as the Court’s bedrock. These traits and characteristics along with the collaborative efforts of all the members of the Court’s workforce acting together as one family will greatly aid the Court in realizing its ideals and bringing its goals into fruition.”

Our Court’s history began on 1 February 1936, the effectivity date of Commonwealth Act No. 3, “An Act to Amend Certain Provisions of the Revised Administrative Code on the Judiciary By Reducing The Number of Justices of the Supreme Court and Creating the Court of Appeals and Defining Their Respective Jurisdictions, Appropriating Funds Therefor, and For other Purposes.”1 In its fledgling years, the Court of Appeals, as an institution, underwent various significant changes to become the appellate court we serve with integrity and efficiency.

The first significant amendment to Commonwealth Act No. 3 took effect on 7 April 1938 with the passage of Commonwealth Act No. 259 which increased the number of Court of Appeals magistrates from eleven (11) to fifteen (15). The rule on seniority was first established under this amendment. Furthermore, the Court of Appeals was given the authority to act while sitting en banc or by a division of five (5) justices. By 1941, the number of justices was further increased to nineteen (19).2

During World War II, the Court of Appeals operated under Japanese control. In 1944, President Jose P. Laurel issued Executive Order No. 27 pursuant to Act No. 10 of the Japanese-sponsored Republic which regionalized the Court of Appeals.3

For a brief period, the Court of Appeals was abolished on 10 March 1945 pursuant to Executive Order No. 37 of President Sergio Osmeña, Sr. It was later revived with the passage of Republic Act No. 52 which was approved on 4 October 1946. Under this enactment, the unanimous concurrence of the justices in a Division of three (3) was formulated. In case of dissent, two (2) additional justices shall be added to form a Division of five (5), where the concurrence of the majority is necessary for the pronouncement of a judgment.

On 17 June 1948, Republic Act No. 296, otherwise known as “The Judiciary Act of 1948” was approved. This enactment was a comprehensive legislation on the judiciary in which the jurisdiction of the Court of Appeals was further expanded to include Petition for Review, a further appeal from the decisions of the Court of First Instance rendered in its appellate jurisdiction.4

The most recent significant legislation on the judiciary is Batas Pambansa Blg. 129, otherwise known as “The Judiciary

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1 February, 2016 which was actively participated by the Court of Appeals Justices and Employees who showcased their terpsichorean and singing talents.

The event was further highlighted by the presence of Supreme Court Chief Justice Ma. Lourdes Sereno who delivered an inspiring message principally lauding the Court of Appeals for its innovative Court Management and Information System, the introduction of a One Stop Shop Processing Center to expedite the filing of cases and for the renovation of the Court of Appeals auditorium under the stewardship of our indefatigable Presiding Justice Andres B. Reyes, Jr.

10. The Special Anniversary Issue of the Court of Appeals Journal and the 80th Anniversary Yearbook; and

11. Judicial Records Case Disposal.

Many rolled their sleeves to make the Court of Appeals 80th Anniversary a resounding success. The Executive Committee and Working Committees, inspired with their nothing-is-impossible attitude, received their tasks willingly and delivered accordingly. The creative and innovative members of the Court of Appeals Community who volunteered their time, talent, effort and presence are likewise instrumental in making the event memorable. In its 80th anniversary, the Court of Appeals community accomplished a feat that is forever etched in history. Mabuhay ang Court of Appeals!•

Indeed, the Court of Appeals 80th Anniversary theme is a declaration of the Court’s aspiration for judicial excellence in all aspects of justice dispensation. It is the inculcation of legal craftsmanship marked by refinement and mastery in the toils of every employee constituting the Court of Appeals – a veritable noble pursuit of humble public servants.

* * *

Given the illustrious theme, the CA 80th Anniversary Working Committee spared no time for its preparation. Not long after the culmination of the Court of Appeals 79th Anniversary, the Presiding Justice Hon. Andres B. Reyes, Jr. designated Mesdames Hon. Carmelita S. Manahan and Hon. Maria Elisa Sempio Diy as chairpersons to continue leading the 80th Anniversary Celebration.

Starting 27 February 2015, monthly meetings were held unrelentlessly to ensure the systematic and organized planning of the activities, coordination with several government agencies and drafting of the program in cooperation with the Supreme Court, the Court of Appeals Justices and employees, especially those coming from the Visayas and Mindanao Stations who traveled long distances to be physically present and to actively participate in the celebration in Manila.

All the effort and hardwork yielded the following highlights in the Court of Appeals’ 80th year:

1. The Launching of the Court of Appeals’ 80th Anniversary Commemorative Coin minted by the Bangko Sentral ng Pilipinas;

2. The Launching of the Court of Appeals’ mail stamps and envelopes printed by Philpost;

3. The CA 80th Anniversary Biggest Loser Challenge – a health betterment contest concerning overweight employees which started in July 2015;

4. The CA 80th Anniversary Fun Run (with Zumba warm-up) for physical fitness and agility which was held at the Lapu-Lapu Oval, Rizal Park, Manila on 29 January 2016;

5. The CA 80th Anniversary On-the-Spot Logo-Making Contest;

6. The CA 80th Anniversary Essay Writing Contest;7. The uniquely held Court of Appeals Flag Raising

Ceremony with Human Formation of the Number “80,” releasing of eighty (80) green and white balloons while singing the Court of Appeals Hymn and March;

8. The Pontifical Mass officiated by his Eminence Luis Antonio G. Cardinal Tagle, D.D. at 10:00AM of 1 February 2016;

9. The CA 80th Anniversary Program Proper held on

1. 01 February 1936.2. A History of the Court of Appeals

by Hon. Associate Justice Mariano L. Guariña.3. Ibid.4. Ibid.

The CA 80th Anniversary Executive Committee at work

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Marami pong salamat sa inyong lahat. Magsi-upo po tayo. Mga kaibigan, hindi po ito sermon. Indeed, I am very impressed, and words will fall short of my appreciation for the enthusiasm with which you have embraced your 80th anniversary celebration. It actually even embarrasses me to think that maybe the Supreme Court is not as good at commemorating things as the Court of Appeals [CA] has shown itself to be. So, Presiding Justice [PJ] Andres Reyes [Jr.], I thank you for your very warm welcome and the strong leadership that you have demonstrated not only today, but in all the years that you have steered this court.

Senior Associate Justice Remedios [A. Salazar-] Fernando, may I also acknowledge [CA Cebu] Executive Justice Gabriel Ingles and [CA Cagayan de Oro] Executive Justice Romulo Borja. But to all other very distinguished Justices of the Supreme Court, including retired Justice Vicente Mendoza and the retired Justices of the Court of Appeals; friends from the Judiciary; friends from the Philippine Postal Office OIC [Officer-in-Charge] [Joel L.] Ottara, friends from the BSP [Bangko Sentral ng Pilipinas] — I’m sorry, I miss the presence of [Vicente] “Vic” Aquino who used to work closely with me at one point in my life; USAID (United States Agency for International Development) representatives present here; Mr. Gerry Porta and Mr. Robert LaMont; and from the Supreme Court itself and from the JBC [Judicial and Bar Council]: Justice Aurora Lagman, the three DCAs [Deputy Court Administrators] and the Court Administrator. Forgive me if I am not able to greet or acknowledge you individually today. But you know that I’m honored, especially because the hosts for today’s program happen to be two very good friends of mine — Justice Magdangal de Leon and Justice Amy [C. Lazaro-] Javier.

I’m very pleased with this celebration in the thought that the Court of Appeals is now faced with the task of making the next decade even more glorious than the past eight decades. And I extend my congratulations not just to those who are here in Manila, but also to those in the stations in Cebu and Cagayan de Oro.

When couples reach their 25th year, they give silver for their anniversary. On their 50th year, they give gold, while on their 60th they give diamonds. During the 80th anniversary,

Speech delivered by Chief Justice Maria Lourdes P. A. Sereno during the event “Reaching Judicial Excellence at 80” (CA’s 80th Anniversary) on February 1, 2016, at the Court of Appeals Audi-torium, Court of Appeals, Manila

however, the tradition is to give oak. Not lavish and premium jewelry but stark, sturdy, long-lasting, practical wood. But now I discover that not only do you give oak, you also give a commemorative coin and a commemorative stamp. That beats anything I have ever read, so congratulations PJ [Andres B.] Reyes [Jr.]. (applause)

Oak, which is a hardwood forest tree, is dominant and is known to live up to 1000 years, so we expect another 920 years for the Court of Appeals. In relationships, oak may mean a stronger bond. It has been used to build 18th century ships before the advent of steel ships due to its strength and durability even under great stress. I would like to see this oak represent something that is very apt for a thriving institution that has undergone renewal and revitalization throughout the years, and that is the Court of Appeals. In fact, I know that as I speak to you, you are very proud of your spanking and newly renovated auditorium. I can assure you, Court of Appeals employees, of the generosity of your Presiding Justice when he told me no less than three times that I can borrow your auditorium anytime.

That is how proud he is of your collective work and the product, very beautiful product, that such collective effort produces. And I can assure you that I am happy that it’s a very elegant and beautiful auditorium, but allow me to say also that I have been gently nudging PJ Reyes [Jr.]. I don’t know if I have also told Justice [Remedios] Salazar-Fernando that I wish we could fight for more capital expenditures, capital outlay, even for your Baguio building. And I am willing to give it my utmost push, so that your main building would really be upgraded, and that it would occupy (applause) and represent the beauty and stature of the Court of Appeals in the most strategic location in all of Baguio.

So your vision of a “court where judicial excellence is a daily reality” is an ideal that I hope will be shared not just by Court of Appeals Justices and employees, but also by the entire judiciary. As the second highest court of the land, the Court of Appeals is also a natural breeding ground for members of the highest court. Several of my present colleagues come from your ranks, and I am sure more will follow in their footsteps in the years to come. (applause)

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Today, I express my utmost gratitude to the Court of Appeals for being the Supreme Court’s trusted partner in carrying out judicial reforms especially in the use of technology and automation. The electronic administration of justice is an idea whose time has come. And let me state this publicly: that the Court of Appeals has spearheaded and shown the way far earlier than the Supreme Court has been able to do. (applause)

The fact that you have introduced technology at an earliest age and that you have been able to sustain it — whereas our effort has largely been stop-and-go — is something admirable, and I acknowledge that you have been helped by development partners in this effort. But it took your determined effort to bring the Court of Appeals to the point at which, when you are talking about transparency by way of well publicized and easily accessible case status, you are really pointing to no other court than the Court of Appeals. We are fortunate to have you as our partner in rolling out many of these changes. Ultimately although these changes may cause initial discomfort, and inconvenience and adjustments, they will dramatically help increase efficiency in the monitoring of cases and court processes.

In line with the Supreme Court’s priority programs and reform projects, you have done a stellar job with regard to case disposal, docket management, and system upgrades for the past years.

For the first time in the 79 years of the Court of Appeals, you had the first ever disposal of old case rollos. From your estimated 160,000 old rollos for disposal, you were able to manage to dispose of the first tranche of 20,678 old rollos of cases terminated in 1980 and earlier. That’s a huge feat. And as part of your second tranche of disposal, you processed an additional 34,525 old case rollos. I say these numbers with relish, because I enjoy seeing the declogging of courts not only of actual pending cases, but also of old case files. Last month, you disposed 10,000 of these files covering cases terminated from 1981 to 1989. And that you even sent these rollos to recycling factories in keeping with our thrust to be

environment-friendly. With the remaining 128,000 rollos still to be disposed of, you are already actually off to a very good start for 2016. Congratulations. (applause)

Second, I also extend my congratulations to the staff of the Civil Cases Section, Criminal Cases Section, and the Archives Section [of the CA Judicial Records Division], who rendered overtime work in 2015 to encode and systematically file rollos and records as part of the Judiciary’s program to upgrade court facilities, processes, and records filing systems.

Last but most important of all, I applaud you for a stellar caseload performance for 2015 with a disposition rate of 93.55%. (applause)

Out of the Court of Appeals’ target of 13,932 cases, you have disposed of 13,034 cases despite having four vacant seats for a great part of the year. So I cannot but laud your success under the leadership of PJ Andres B. Reyes, Jr. for these outstanding achievements. It can only mean that you have a very good manager at the helm.

I am also pleased to learn that your transition to the Case Management Information System has been doing well. It has been making readily available the court’s statistical and case information data, showcasing that our courts are indeed efficient and transparent. And I hope to see the electronic raffling of cases fully implemented not only in Cagayan de Oro and Cebu City, but also in Manila. So I encourage our friends from the USAID to help the Court of Appeals again in that regard.

I also thank you for continuing to be the Supreme Court’s trusted ally in dispensing justice. Let me just share with you a few vignettes. This year and the year past have shown a fantastic improvement in the presentation of the budget proposal of the Judiciary at every level. And I have to thank personally PJ Andres Reyes [Jr.] and Associate Justice Remedios Salazar-Fernando for personally attending to issues related to the budget presentation. It led the head of the Senate Finance Committee, now headed by Senator [Loren] Legarda, to say that our presentation has been one of the best, if not the best so far; so thank you very much. (applause)

I also thank the Court of Appeals through Justice Remedios Salazar-Fernando, who has been part of the JDF [Judiciary Development Fund] Committee. As you can see, your hard work has paid off. We have already made guidelines that are very responsive to the law creating the Judiciary Development Fund. And I would like to reiterate to you that the Court, the Supreme Court, has not reduced in any way the portion allotted

“Today, I express my utmost gratitude to the Court of Appeals for being the Supreme Court’s trusted partner in carrying out judicial reforms especially in the use of technology and automation.”

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And so my wish is for you to continue to carry forward your fivefold mission “to enhance public trust by disposing of cases justly, speedily, impartially; to employ computerized and automated innovations and re-engineer administrative and operational systems; to provide magistrates an environment conducive to the faithful discharge of their judicial tasks; and to uphold the Rule of Law by fairly and fearlessly defending the Constitution and the rights of the people.”

I think that never have we been prouder of our Court of Appeals than and at this time in history when in the face of criticisms, it has shown fearlessness in upholding what is right and what is just. Of course there are still many, many queries from the public that need to be eventually addressed, and doubts that should be dispelled. The people must see that the Court of Appeals, in being the second highest court of the land, is a steady hand that will give succor to our people, especially those who are oppressed and those who are deprived of their fundamental rights.

Allow me to leave with just a simple thought. As I scan today’s landscape, the elections point to increased anxiety among our people. This is part of what I sense is a palpable anticipation of what the Supreme Court and the Court of Appeals, together with the Sandiganbayan, the CTA [Court of Tax Appeals], and the other courts – but especially these two highest courts – will do in the next few months. Our people look to us for wisdom. Our people look to us to speak with a voice that is sober, with a hand that is even; that they look to us as a court weighs cases fairly and squarely — that is not swayed by politics, by privilege, by wealth, or power — but a court, two courts, animated only by the undying devotion to duty, the duty to uphold justice, to embody the noblest ideals of our people, to give life to their highest aspirations that we may live in an era of prosperity and peace.

For this I ask that we invoke not only the collective wisdom reposed in our individual hearts and in our collective learnings. But we also invoke the help of God, that we may go through this period with a sense of equanimity, knowing that we are doing what our conscience, and only our conscience,

to the Court of Appeals buildings in Cebu City and Cagayan de Oro City (applause) that portion of the Judiciary Development Fund has been set aside as proof of our esteem for the Court of Appeals. And as further proof of the importance that we are giving to you, we have validated a very generous allotment of money, so that you will have state-of-the-art buildings in Cebu City and Cagayan de Oro. (applause)

After all, we are just one Judiciary. The Supreme Court is not separated from the Court of Appeals or from any of the other courts. Your fate is our fate, as our fate is also your fate. So to the extent that we can exercise whatever generosity we can extend to help in the requirements for the upgrading of the Court of Appeals, we have been doing that. We also reiterate the initial seeds of the ideas for reform, further reform, that we have planted during the times when I have had the occasion to talk with your esteemed Justices not only in Manila, but also in Cebu and Cagayan de Oro. I have requested that the Court of Appeals take the lead in the completion of records for cases that are appealed from the second-level courts, considering that the completion periods actually account for a significant part of the lifetime of a case. Maybe this completion of records can further be looked into.

I would also like to reiterate my appeal that you open yourselves to further requests from the Supreme Court, to help it with its increasing problem of too much inflow. Its problem right now is really being flooded with too many cases, so that even while our case output in absolute numbers is increasing, the problems of the highest court of the land can only be addressed, I think, through a significant help from the Court of Appeals. So we will be going to you and asking you for your help in that regard.

I am also happy that the Court of Appeals has been very active in our reforms in the Philippine Judicial Academy [PhilJA]; and that on its own and in connection with PhilJA, it has been further upgrading the skills and the knowledge, necessary for handling different cases as required not only by the Justice but also by the staff of the Court of Appeals. We thus put our utmost trust in your capability to lead the country in terms of upholding and respecting the rule of law and in dispensing justice in a speedy manner. We show this trust especially when we relegate or remand to the Court of Appeals the trying of facts when the case calls for judicial remedies — such as the writs of amparo, habeas data, and kalikasan — and of course when it involves your jurisdiction over Anti-Money Laundering Act cases. This year and the past year prove that, increasingly, the Court of Appeals can be a trusted vanguard in our country’s fundamental protection of individual rights and liberties.

“I think that never have we been prouder of our Court of Appeals than and at this time in history when in the face of criticisms, it has shown fearlessness in upholding what is right and what is just.“

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dictates; and that regardless of what fears the future may try to induce in us, we will remain undaunted and unafraid, because we are doing right.

I have tried to live and do right by every employee of the Judiciary. I have tried, within what is acceptable accounting and budgeting rules and regulations, to lead the Judiciary with utmost fidelity to the fiduciary duties reposed in the Chief Justice with respect to our people’s purse and property. Your PJ has also sought to do that. In return, let us show that the blessings our jobs give us will be recompensed with even

greater ardor for our work, even greater desire to be of service to our fellow men. At the end of the day, whether it will be 80 years, 90 years, 100 years, from now, we will always be confronted with the long-term question of whether we were true to ourselves, whether we were true to our conscience, whether we upheld our oath in the best possible way we could.

So, with all the gratitude of a Chief Justice who is humbled by your great traditions, allow me again to effusively congratulate you on your 80th anniversary. (applause) •

2016-2018 ASSOCIATION OF COURT OF APPEALS

EMPLOYEES (ACAE) OFFICERS

EDWIN S. AVANCEÑAPresident

EMELDA P. HICARTEVice President

MELIZA G. DOMINGOSecretary

ROSEMARIE YAO AGUILAPublic Releation Officer

BERNADETTE B. LLENOS-MINGAOTreasurer

RHODORA EMMYRUE DEVERASAuditor

BOARD OF DIRECTORS:

REVCELONE A. YUMANGIMELDA R. ADAN

GLORIA FE GOMEZGERARDO S. DELFIN

MELCHOR TIONGSON

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MMDA Second Metro-Wide Earthquake Drill

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By Christina Marie F. Lloren(The following is a verbatim reproduction of the winning article in the Essay Writing Contest)

The Court of Appeals’ JourneyTowards Excellence

Lyndon Johnson, the 36th President of the United States once said “The Most Noble Search is the Search for Excellence.” Nothing is more true for it is only through our quest for excellence that we are molded into becoming the best we can be; it is only by reaching for excellence that we are able to find true meaning and fulfillment when we render our services to others.

The Court of Appeals has embarked on this journey when it envisioned a “court where judicial excellence is a daily reality.” This vision, together with the Court’s creed- “Justitia Per Legem” or Justice through Law-have served as guiding principles in the Court’s commitment to render justice and uphold the rule of law-a Herculean task which requires the infusion into the institution of certain traits and characteristics, that will serve as the Court’s bedrock. These traits and characteristics along with the collaborative efforts of all the members of the Court’s workforce acting together as one family, will greatly aid the Court in realizing its ideals and bringing its goals into fruition.

This Herculean task - the pursuit of excellence, they say, can be achieved by taking the most humble of steps. As a member of the Court of Appeals, I believe that the Court has undertaken these “humble steps” in the performance of its duties. These steps are what I call the “E’s” for excellence.

The first step that the Court has undertaken is EVOLUTION, which has been defined as the process of changing into a certain direction. Evolution is necessary for the Court to adapt and meet the morphing challenges and demands of time. It encompasses innovation, creativity, and improvement, which are characteristics that are indispensable for one to attain the extraordinary.

The Court of Appeals has certainly evolved in size and number over the years. From its humble beginnings of eleven Judges in the 1930’s, it has grown with sixty nine justices at present. In 1996, the number of divisions was increased from seventeen to twenty-three, the full implementation of which was done in 2004, with the opening of the Cebu and Cagayan de Oro Stations.

The jurisdiction of the Court was also expanded. In 2004, it was allowed by the Supreme Court, in the case of People v. Mateo, to conduct an intermediate review over criminal cases in which the penalty is life imprisonment, reclusion perpetua, or

death, before these cases were submitted to the Supreme Court. In 2005, it was granted jurisdiction over petitions for freeze order over any monetary instrument or property involving unauthorized activity under the Anti - Money Laundering Act. In 2007, it was also granted jurisdiction over petitions for Writs of Amparo, and in 2008, it was likewise granted jurisdiction over petitions for Writs of Habeas Data.

Aside from all these, the Court continues to initiate programs and activities to move forward and meet the demands of time. In 2008, the Court was totally computerized, which paved the way for the expeditious rendition of the Court’s services and processes, as well as the drafting of its decisions and orders. Its evolution has certainly helped the court make its mark in our history.

The second step which the Court of Appeals has undertaken is its continued ENHANCEMENT over its services, processes, and its workforce. Since the time of its creation, the Court has not ceased in looking for ways to improve itself. Consistent with its mission to uplift the lives of the people, the Court has engaged in numerous automated innovations for a speedy, impartial, just, and accessible justice system.

One such innovation is the implementation of the One-Stop Processing Center which aims to make the filing of cases and pleadings easier or less tedious, as the basic frontline functions of the Court are consolidated into one. Efforts are also being made for the electronic filing of cases for easier access to the Courts.

Another innovation which has greatly expedited court procedures and processes is the Case Management Information System (CMIS) which was launched by the Court in 2010. It aims to provide real-time monitoring of cases. With the CMIS, the employees and Justices were able to track the status of the cases submitted to them for decision with ease, thereby promoting efficiency and fostering responsibility and transparency.

In the same year, the Court also launched the “Zero-Backlog Project,” aimed at de-clogging the Court dockets. Under this program, the Justices, along with the members of their staff, were encouraged and motivated to dispose more cases every month. With the cooperation of its entire workforce and the

Continued at Page 21

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The social phenomenon of “Brain Drain” presents itself not only when skilled Filipino workers leave our country for greener pastures abroad, but also in instances when government employees transfer to private companies with more lucrative offers. To some fresh graduates, the idea of public service does not even cross their minds due to its meager benefits. The way they look at it, it’s basically lower pay for higher volume of work. Some say that the only thing positive in government is job security, as private employment is somewhat uncertain and has a higher “mortality rate,” so to speak.

As a brief history, salary standardization came to the fore through the 1957 Position Classification Plan, followed by Presidential Decree No. 985 enacted in 1976 and Presidential Decree No. 1597 in 1978. Years later, on August 21, 1989, Republic Act No. 6758 or the “Compensation and Position Classification Act” was passed. This piece of legislation is what is known as the “Salary Standardization Law.” This was followed by the “SSL II” in 1994, enacted by Congress through Joint Resolution No. 1, then the “SSL III” in 2009, or Joint Resolution No. 4. Lastly, of course, is the recent Salary Standardization Law of 2015 (SSL IV).

The righteous objective of Salary Standardization Law IV and its offshoot, E.O. 201, is to attract, retain, and motivate our public servants. A well-compensated civil service uplifts the image of our government institutions as decent and respectable, thereby diluting the perception that our public offices are run by desperate crooks who are just waiting for something to come their way.

The salary increases during the gaps between these years were implemented through Executive Orders. Former President Estrada

By Justice Remedios A. Salazar-Fernando

for instance, issued E.O. 219 in 2000, while former President Arroyo issued E.O. 22 in 2001, Administrative Order No. 144 in 2006, E.O. 611 in 2007, E.O. 719 in 2008, E.O. 811 in 2009, and E.O. 900 in 2010. President Aquino, meanwhile, implemented the third tranche of SSL III through E.O. 40 in 2011, and the fourth tranche through E.O. 76 in 2012.

The recent Salary Standardization

Law of 2015 (SSL IV) encountered a glitch when contingents of the Senate and the House of Representatives in the Bicameral Conference Committee disagreed on the provision regarding the indexation of pension benefits of retired uniformed personnel. Senator Trillanes pushed for the indexation of these pension benefits, but the House explained that there are no available funds for this measure.

This prompted President Aquino to issue Executive Order No. 201, considering that Php 57.91 Billion has already been appropriated for this purpose under the 2016 GAA. Executive Order No. 201 cites as its legal basis Section 13 of Presidential Decree No. 985 and Item 17 (iv) of Joint Resolution No. 4 series of 2009, on the power of the President to revise the Compensation and Position Classification System.

E.O. 201 grants increased benefits to all civilian personnel regardless of appointment status, providing for a retroactive effect to January 1, 2016. The benefits under E.O. 201 has three (3) components: (1) an increase in the basic salary under a modified Salary Schedule; (2) a Midyear Bonus equivalent to one month (1) basic salary to be given not earlier than May 15; and (3) an Enhanced Performance-Based Bonus.

Thru A.M. No. 16-03-06-SC dated April 19, 2016, E.O. 201 was implemented

Executive Order No. 201:A Welcome Development for Public Servants

Continued at Page 22

in the judiciary. Thus, starting last week of April, the salary differential was given to our CA employees.

The principle is equal pay for work of equal value. The goal is to bridge the gap between the salaries and benefits of government employees and their counterparts in the private sector who are doing comparable work. To illustrate, under the first tranche in E.O. 201, an Associate Justice of this Court is entitled to a basic salary of Php 96,354.00 (SG 30), while a Court Attorney V and a Court Attorney IV will earn Php 67,690.00 (SG 26) and Php 61,971.00 (SG 25), respectively. This is not bad considering that the starting salary for associates in big law firms is around Php 40,000.00 to Php 50,000.00. Meanwhile, underbars or law graduates earn about Php 25,000.00 to sometimes as low as Php 18,000.00 in small firms, which figures are relatively lower than what our Executive Assistants V, for instance, are earning. These are only general figures or rough estimates, as compensation packages vary from one firm to another.

While government lawyers seem

to earn a little bit more than their private counterparts during the initial years of practice, the discrepancy arises as the years go by. Associates, after two to three years, already earn about Php 70,000,00 to 80,000.00 in some firms. In other words, the gap widens in senior or higher positions. This is because law firms have various methods of compensation, such as guaranteed salary increases every year, quarterly allowances, all kinds of bonuses, and of course, profit-sharing. When Associates are promoted to Senior Associates after they reach more or less their 4th year in the firm, and later on to Partner after at least eight years, it is at this point when their salaries become significantly higher than their government counterparts. The same

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Court of Appeals Journal14

JoMeLLe P. MutIANgPILI-MARquez

Jomelle P. Mutiangpili-Marquez, more commonly known as “Jem,” earned her Legal Management degree at De La Salle University-Manila and completed her Bachelor of Laws at San Beda College-Alabang School of Law. She joined the Court of Appeals in March 2015 and currently holds the position of Executive Assistant V at the Office of Justice Sesinando E. Villon. Jem has more than five (5) years experience in the private sector. She also did her internship at the Office of the Solicitor General in 2003 and at Fortun Narvasa & Salazar Law Offices in 2012. Now, at 32 years, she is happily married and expecting her first child.

KRIStINe Joy N. PuRACAN, CPA

Atty. Kristine Joy N. Puracan, CPA is the Supply Officer II of the Property and Supply Management Unit of the Court of Appeals-Cebu Station. She is a pioneer employee of the Court of Appeals-Cebu and has been with the Court for more than 11 years. She graduated Bachelor of Laws from the University of San Carlos School of Law and Governance last March 2015. Passion for the laws and the dream for public service have been her driving force in finishing Law school while working at the Court. Her favorite Latin Maxim is Per Aspera Ad Astra.

HyACINtH MARIe t. SALIgHyacinth Marie Salig graduated from the University of the Philippines Los Baños with a degree in BS Economics in 2010. She immediately studied law at San Beda College-Mendiola and transferred at Arellano University School of Law where she graduated in June 9, 2015. She took the 2015 Bar Examinations and passed with the help of the Almighty God and the support of her family and friends. She worked as an apprentice at the Public Attorney’s Office – Pasay City from April to June 2013 and experienced litigation practice for the first time. In August 2014, she joined the Global Leadership Program of the Asia Children Charity (ACC) held at Seoul, South Korea where she gained friends from different Asian countries and learned the rich culture of South Korea. Hailed from Los Baños, Laguna, she stayed there all her life until she started studying law in Manila. She is the eldest among five siblings. She loves playing sports and was an active member of the softball, volleyball and basketball teams when she was in high school and college. She is a cheerful, hardworking and friendly person and cares deeply for the animals and the environment. She is currently an Executive Assistant IV in the Office of Justice Elihu A. Ybañez.

MARIA CzAbRINA o. DoMINgo

Maria Czabrina O. Domingo earned her Bachelor of Laws degree from San Beda College of Law-Mendiola and her bachelor’s degree in Philosophy from the University of Santo Tomas. She was part of the 2014 Internship Program of the Office of the Solicitor General, and is currently assigned at the Office of Justice Francisco P. Acosta.

KARMeLA tRISHA P. gARCIA

When confidence, energy and hope are totally eclipsed by ordeals and tormenting doubts, it is at this precise moment that the desired success is at our fingertips. That is why for Atty. Karmela Trisha Paredes Garcia, it is at that instance that one must muster the will power to reach for her dream. True enough, with solid determination and tenacious belief in her aspirations, Atty. Trisha has travelled and has reached her destination, one of many. And taking it one step at a time, her adventure, now as a member of the Bar, awaits.

Atty. Karmela Trisha Paredes Garcia obtained her degree in AB Philosophy at the University of Santo Tomas in 2009. She earned her Bachelor of Laws degree at San Beda College-Mendiola and was admitted to the Philippine Bar in 2016. Currently, she is working as an Executive Assistant V-Contractual to Honorable Associate Justice Victoria Isabel A. Paredes. Prior to her employment with Justice Paredes, she worked as an Executive Assistant V-Coterminus to Honorable Associate Justice Hakim S. Abdulwahid in 2014 until he retired from office last June 12, 2015.

ALPHA gRACe P. AMPoNgAlpha Grace P. Ampong, or Alps, hails from Tanay, Rizal. She received her bachelor’s degree in Legal Management from the University of Santo Tomas where she graduated cum laude. She thereafter obtained her juris doctor degree from the De La Salle University College of Law.

She currently works as an Executive Assistant V at the Office of Justice Henri Jean Paul B. Inting.

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15Court of Appeals Journal

MARIA JeSSICA eRLINDA ANgeLA M. gARCIA

Jessica is someone who can be described as very careful. Before she gets herself into anything, she makes sure she will be able to achieve her goals. She thinks before she acts and has a good head above her shoulders, which is one of the many reasons why her peers and even older people admire and respect her. Simple and unassuming, she is someone who upholds traditional values, and who has great integrity—two things that are a rarity in today’s generation.

SARA MAe D. MAwIS

Sara is the eldest of the four children of Rodeo B. Mawis, an engineer, and Soledad D. Mawis, a lawyer. She graduated from St. Scholastica’s Academy of Marikina for her elementary and high school education and from the Ateneo de Manila University with degrees in Bachelor of Science in Management, major in Legal Management and Juris Doctor, in 2009 and 2013, respectively. She is currently working as Executive Assistant V for the Office of Justice Jhosep Y. Lopez, Court of Appeals.

RutH ANN q. oNg

Ruth Ann Q. Ong is the Executive Assistant II at the Office of Justice Celia C. Librea-Leagogo. She obtained her law degree from San Beda College Manila in 2015. Her interest includes the following: beach, pizza, fashion, movies, and any outdoor activities.

RALPH J. SANCHezA native of Hilongos, Leyte, Ralph Sanchez was born on July 12, 1988 to Roque Joel Sanchez and Raquel May Juntilla Sanchez. He is the eldest of their four children. Mr. Sanchez completed his Bachelor of Arts degree in Political Science from the University of the Philippines in 2009. Before he studied law, he worked as a Human Resource Specialist for two years in Aegis People Support, a BPO company. Mr. Sanchez obtained his Bachelor of Laws degree from the University of San Carlos in 2015 and just recently passed the 2015 Bar Exam. At present, he is working as an Executive Assistant to Hon. Associate Justice Gabriel Ingles, the Executive Justice of Court of Appeals-Visayas Station. Mr. Sanchez aspires to become a Court Attorney and eventually become a Division Clerk of Court. He also plans to earn a Masters Degree in Law and become a Law Professor.

JoHN gILbeRt FeRNANDez MACAbALeS

John Gilbert Fernandez Macabales is a graduate of the UST Faculty of Civil Law. He took up A.B. Philosophy as his pre-law in the same university. He is an athlete who loves playing different kinds of sports–basketball, volleyball, badminton, ping pong, and lawn tennis. He sings at weddings, anniversaries and other merry occasions. Playing the piano is his favorite pastime. Being raised within murals of a seminary for eight long years has taught him that everything is grace–no exception.

RHyAN JoHN PAgARAN(by Judge Rochelle Marie Zambas-Ucat, MTCC Branch 4, Butuan City)I met Rhyan 5 years ago when we became part of Justice Laguilles’ staff at the Court of Appeals- Cagayan De Oro Station. He is the most simple and unassuming guy at the office. He has not changed a bit.

He was always there to lend a helping hand at the Office without any complaints. I can personally attest to this when I rushed him off to obtain, on my behalf, my bar rating and certificate as a member of the Bar at the Office of the Bar Confidant as part of my requirements in my first application for judgeship position. This is one of the many stories proving that he is a dependable guy.

He made a lot of sacrifice to get to where he is now. All his sacrifices and patience have finally paid off now that he will soon be part of this noble profession. Indeed as the saying goes, “good things come to those who wait, but better things come to those who are patient.”

Again, Congratulations for passing the 2015 Bar exams!

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The Court of Appeals-Gender and Development (CA-GAD) Focal Point headed by its Chairperson Justice Remedios Salazar-Fernando, and Co-Chairpersons Justices Jane Aurora Lantion, Manuel Barrios and Leoncia Dimagiba, led the Court of Appeals in celebration of the 2016 National Women’s Month with the film screening of the romantic-drama movie “Everyday I Love You” on March 28, 2016 at the Auditorium of the CA Centennial Building.

Justice Leoncia R. Dimagiba opened the program and welcomed around 189 employees who participated in the activity. Atty. Anita Jamerlan-Rey, Assistant Clerk of Court and also a member of the CA-GAD Committee introduced the guest speaker, Atty. Flordeliz Cabanlit-Fargas, Chief of the Policy and Development Research Office of the Judicial and Bar Council (JBC).

The film screening proceeded

By Ms. Aileen AlonzoOffice of the Assistant Clerk of Court

Women’s Month 2016

shortly. “Everyday I Love You” stars Enrique Gil as “Ethan,” a driven young man from Manila who works for a TV company, Liza Soberano as “Audrey,” a romantic old soul from Silay City, Negros Occidental who is in a relationship with laid-back haciendero “Tristan” portrayed by actor Gerald Anderson.

After the movie screening, Atty. Fargas provided a gender-perspective critique. She emphasized the roles and stereotypes that the film ascribes to its characters based on gender. She noted that the theme expressed in the movie wherein the female character “Audrey” exists to please “Tristan” is a common gender stereotype, which could have been avoided if men recognize gender and sex roles. Overall however, Atty. Fargas commented that the movie is a gender fair film because it portrays the women of today and the manner in which we should treat the women in the future.

Assistant Clerk of Court, Atty. Anita Jamerlan Rey, provided the closing

remarks of the program. She thanked the participants for their time and effort to be present in the activity. She likewise thanked Atty. Fargas for her untiring support of CA-GAD activities and the GAD members for all their hardwork to ensure the success of the project.

The Philippines, by virtue of Proclamation No. 227 s. 1988, observes the month of March as Women’s Role in History Month. Republic Act No. 6949 also provides that March 8 shall be celebrated as National Women’s Day. This celebration is simultaneous with the International Women’s Day, a commemoration of the mass mobilizations of American working women in the early 20th century to protest low wages and poor working conditions. This movement led to future reforms and recognition of women’s rights in the workplace.

This year’s National Women’s Month highlights the theme “Kapakanan ni Juana, Isama sa Agenda.”•

On April 20-21, 2016, fifty selected lawyer and non-lawyer employees of the Court of Appeals Manila attended the Seminar-Workshop on Gender Awareness and Sensitivity and Lecture on Sexual Harassment at Luna Hotel, Vigan City, Ilocos Sur.

The seminar-workshop assessed the participants’ understanding of the concepts of sex and gender, as well as heightened their awareness and sensitivity to the use of gender-fair language. The event also served to update the participants’ knowledge of applicable laws and procedure provided by the Supreme Court and the Court of Appeals on the filing of sexual harassment cases.

A similar activity was conducted for lawyer and non-lawyer employees of the CA-Cebu Station on May 17-20, 2016, which focuses on the Law on Violence Against Women and Children and Magna Carta for Women.

The activities were sponsored by the Court of Appeals Gender Awareness and Development (CA-GAD)

GAD SeminarFocal Point, headed by its Chairperson Justice Remedios Salazar-Fernando, and Co-Chairpersons Justices Jane Aurora Lantion, Manuel Barrios and Leoncia Dimagiba. Atty. Flordeliz Cabanlit-Fargas, Chief of the Office of Policy and Development Research of the Judicial and Bar Council, facilitated both activities.•

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It was past All Saints’ Day when news came that former Court of Appeals Presiding Justice Salome A. Montoya was gone. A sister of her asked if I could deliver words of remembrance and I responded as a matter of obligation and privilege. The late PJ was a most disciplined, dignified, and dedicated elder colleague and I had the good fortune to follow, after four years, on her journey to head the Appellate Court.

Her name revealed her personality and identity. Salome comes from the Hebrew word “Shalom,” which means peace. Montoya is Spanish for “Monte” meaning hill or highland. Indeed, she was a peace-loving magistrate who reached the highest post in the second highest court of the land.

True to her initials, she was an academic sage from Marikina, graduating as valedictorian in secondary and vocational courses, cum laude, and most outstanding law student in Far Eastern University and scholar in Master of Laws.

She was a sober magistrate. Most conspicuous she was in her silent demeanor. The adage “Silent waters run deep” fitted her. She seldom talked. When she did, there was sense and substance. Nevertheless, she had a ready smile to friends; she enjoyed the pleasantries in coffee breaks and dinner functions, especially on retirement occasions and Court anniversaries.

Over and above her numerous professional civic and religious recognizations earned, she treasured most her Papal award Pro Ecclesia et Pontifice. Someone said she was one of only two persons who had received such an award in the Archdiocese of Antipolo. For this, she

could be called Sagrada Mahistrada. She went to church daily. In her retirement years, she devoted most of her time to civic, charitable and religious work.

PJ Montoya was not only a woman of peace and sobriety, she was also a woman of prayer and meditation. For an intellectual, these are rare, admirable virtues. Prayer, which includes supplication and meditation, impacts favorably on people who believe in it – the ones who pray and the persons prayed for. It helps shape our destiny, contrary to some thinkers’ view on predestination. Many of those who received sensitive appointments to the judiciary can attest that theirs were answered prayers. I am sure PJ Montoya had the same experience.

Apart from exemplifying sobriety, sapience or sagacity in her ponencias, and mild manner in her court management, it was in her tenure as PJ that the sole historical and biographical magazine titled, “Justices of the Court of Appeals (1936-2011)” was produced. As vice chairman, I had the honor of writing

the editorial “The Court of Appeals in Historical Perspective.” PJ Montoya in her message, along with that of Chief Justice Hilario G. Davide, Jr., declared in her opening statement:

“As the CA celebrates its 65th anniversary of its foundation, it is but appropriate that we remember the men and women who were once, and the ones who still are, part of the court and who contributed their legal expertise, their uncompromising probity, integrity, and impartiality to the attainment of its prestige as a bastion of justice in this country.”

Curiously, the number “4” had a dominant presence in her life and career. She was the 4th child in a brood of 17. She finished her elementary schooling in 4 years. She was 1954 Bar Examinations sixth placer. Starting as municipal then as metropolitan judge, she was assigned in 4 places – Pililia, Parañaque, Pasay, and Makati. In the latter city, she served for 14 years, after she became a regional trial court judge. Promoted to the Court of Appeals, she ascended as the 4th lady Presiding Justice, the 49th PJ, and 14th Achievement Awardee for retiring without an unresolved case. Her entire judicial service spanned a period of 42 years. But she, had also the number “1.” Born in 1931, she was elected No. 1 Councilor of Marikina on her 1st year as barrister. She retired as CA PJ in 2001.

PJ Montoya fortunately lived to a ripe age of 84, four years longer than the Biblical age of 80 with bonus. It’s not only a long life, it’s certainly a Significant, Meaningful life we all can learn from. It’s a life we in the Court of Appeals will cherish. A life all peace-loving, justice-craving, righteous-living Filipinos should remember. ●

By Presiding Justice Ruben t. Reyes (Ret.)

Sage from MarikinaSagrada Mahistrada

(This article was earlier published in the Manila Bulletin, 13 November 2015, p.14)

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Court of Appeals Journal18

Good afternoon to my fellow workers in the Judiciary.

This is the second time that I was requested by the Philippine Judges’ Association to deliver a speech as a tribute to this great man, the 23rd Chief Justice of the Supreme Court, Renato C. Corona.

The first one was a happy occasion: I was then an RTC Judge in Quezon City when I gave a speech during the testimonial dinner for him as the newly appointed Chief Justice of the highest court of the land. Today, I am called upon to speak to pay our last respect to this same man as he leaves the physical world to join our Creator.

Truth is, I was hesitant to accept this invitation for I might not be the best person who can do honor to the task of giving a eulogy fitting for the Chief Justice. But as a classmate in the Ateneo law school, I can give you a glimpse of how he was as a student.

The Chief Justice was the quiet and serious type. He would come to school just when the class is about to start so I rarely see him spend time having casual conversations and joking around with our classmates, especially since we do not share the same circle of friends. He also does not frequent the school library to scram for the SCRAs and other law books - probably because he has a more extensive library at home than what we had in the Ateneo back then. Yet, even if he does not study for hours in the library, he was always among the top students of our class.

Aside from his brilliance in class, and good looks of course, the Chief Justice is likewise admired for his refined manners. He was and he remained a true gentleman. During our student days, he already exuded

By Justice Ma. Luisa quijano-Padilla

Eulogy for Chief Justice Renato C.Corona

poise and authority. Despite his silent ways, his demeanor commanded respect from his fellow students. It seemed then that he is destined to be a great man...and indeed he was.

The famous author Kahlil Gibran said: “You give but little when you give of your possessions.” But “it is when you give yourself that you truly give.” This is exactly what Chief Justice Corona did. He gave so much because he gave himself to us.

He devoted his time as a public servant. He was the assistant secretary for legal affairs of President Fidel V. Ramos, under whose administration he later served as presidential counsel. He eventually became the chief of staff and acting executive secretary of former President Arroyo.

Then, he was appointed as Chief Justice of the Supreme Court.

After the glorious days, all of us in this Hall know what happened.

But for me, and I believe, for many of us, he is remembered not only as an

endearing boss and a good family man to his wife Tina and their kids – he is also a well-loved Chief Justice. He is the Chief Justice who remained humble and who kept his passion for truth, justice and fairness.

This week, we welcomed a new generation of lawyers in the legal community and I feel that it is only appropriate that I close this tribute using the the words of Chief Justice Corona himself in his statement dated January 28, 2011, as an inspiration to the youngest members of the legal profession, and I quote:

At bottom, what matters is the person himself and not the school he came from. Fancy degrees and even fancier facilities do not really account for much when we talk of a lawyer’s moral values, a balanced grasp of law and reality, the ability to analyse situations and motivations, and a passion for justice, truth and fairness. And, I might as well add, the courage to stand his ground

Continued at Page 19

(The following is the speech given by Justice Quijano -Padilla during the necrological services for Chief Justice Renato C. Corona)

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Need I remind you that we are not only physical bodies, but spirits with physicial bodies? We are children of God in spirit, because God is Spirit. And when our physical bodies die, as they will surely die, our spirits live on, to be judged by the Divine Judge, our Father.

But even while on earth, we are already sparks of God’s divinity, being His children. And we can fan that spark of divinity into a flame by the lives that we live, so that a greater expression of divinity is made known through us.

What, indeed, is the purpose of our earthly existence? Surely, not to enjoy and be merry, for life is difficult and beset with many trials and problems. But these trials and tribulations are sent to us by God to develop our spiritual qualities, to build characters, for in every trial and tribulation, there is a lesson to learn, and if we learn these lessons, we develop a right set of moral and spiritual values, and we become more spiritual and less materialistic.

To develop spiritually, what we need is the exercise of discipline. By doing so, we gain control of our thoughts, words, and deeds. And by the practice of spiritual discipline, this purification of our hearts and minds gradually becomes habitual to us, so that as we strive for material wealth, success, and prosperity, we are also guided to care for things eternal, things that inspire us to love our fellowmen as God loves us, and to do service to them, to our country, and to humanity.

We are living on borrowed time. Death can claim us at any time, without regard to age, health, sex, station in life, nationality, or creed.

How do we prepare for death? From all that I have studied and learned, I have come to know that the home that awaits us in the spirit world depends on the lives that we had lived on earth. If we had honestly tried to do the best we can, then we need not fear death. That is the acid test that determines our spiritual status when we die. Acts of love and service to others will naturally raise our spiritual status when we die. Sins of omission or commission will justly certainly retard it. There is, therefore, the supreme necessity for us to lead the best kind of life we can on earth, to render acts of love, compassion, and kindness, and to give service whenever we can.

Spiritual discipline must be lived and not merely learned. It must be practiced in homes, in church, in the office, in the community, yes, in the whole country, among nations, and ultimately, by all mankind. It is spiritual discipline that impels us to subordinate our material desires to our spiritual goal.

Spiritually, we are all one, as God made us members of one vast spiritual family. When this fact is understood and applied in human, national, and international life, we will all love one another as brothers, and war will be driven out from the face of the earth, for man would have learned to love and not to kill his spiritual brother.●

By Justice Alicia V. Sempio-Diy (Ret.)

Spiritual Message

Eulogy... from Page 18when he is right.

x x x

As Chief Justice of the Supreme Court, I make it a point to remind our young court attorneys that their law school education is just a starting point in their career as lawyers. The reality is that its value diminishes over the years. Many of the laws I learned in law school do not even exist anymore. Most of what I know and apply today consists of statutes and

rules read and learned on my own. Life indeed is one grand classroom and one simply should never stop the quest for knowledge and experience.

And talking of these young lawyers in the Court, I am at my proudest every time one of them x x x comes to me with the good news of his or her appointment to the bench. I would like to believe that they chose to follow my path in the judiciary because of the good

example I showed them and the inspiration I gave them to serve others by imparting justice to those who need it.

In the end, this is all that really matters and all I would like to be remembered by: that, in the Corona Court, right always found a sanctuary and wrong never found refuge.

Thank you and farewell Chief Justice Corona. ●

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CA-Cebu Goes “Ready, Set, Safe!” for Teambuilding 2016

By Atty. Agapito g. CartagenasCourt Attorney IV

Reporter’s Unit, CA Cebu Station

On March 18, 2016, the CA-Cebu conducted its annual teambuilding with the theme “Ready, Set, Safe!” held at Papa Kit’s Marina and Fishing Lagoon (Liloan, Cebu). It was a teambuilding like no other. The CA-Cebu justices and employees surely had their hands full on that hot summer day. There was fun, first aid, food and more.

Teambuilding day started early. The justices and employees of the CA-Cebu station, led by Executive Justice Gabriel Ingles, trooped to Papa Kit’s at around 7:00 AM. Upon registration, refreshments were served and the program started shortly after the arrival of Presiding Justice Andres B. Reyes, Jr. together with Associate Justices Sesinando Villon and Elihu Ybanez.

Hosted by Attys. George Romea and Dyan Cuevas-Gochangco, the program opened with a welcome address by Executive Justice Gabriel Ingles. Atty. Lourdes Apawan gave the invocation, and

a 15-minute Zumba followed thereafter. The participants flexed their muscles, moved with the music and danced until they are drenched in sweat. To cool down, they listened to the soothing voice and message of Presiding Justice Andres B. Reyes, Jr. Afterward, the highlight of the teambuilding took place—the earthquake drill and exercises. Led by Engr. Verneil Balaba of the Office of the Civil Defense, Region VII, the said drill and exercises were the culmination and application of the seminars on disaster-preparedness which were conducted by the same office at the CA-Cebu Hearing Room on March 16, 2016. Participants were exposed to an earthquake situation, instructed on what to do and prepare before, during and after an earthquake, evaluated on their performances and guided on the proper actions and procedures. The Red Cross then gave a lecture and workshop on first aid. Different scenarios of accidents, injuries, their treatments and management were presented by the Red

Cross volunteers and the participants. Truly, it was an action-packed morning session which was a good preparation for the most awaited midday activity- lunch. Associate Justice Pamela Ann Abella Maxino closed the program, promptly declared “Ready, Set, Eat!” and encouraged everyone to proceed to the Clubhouse for a hearty feast of seafood, meat dishes and fruits.

The afternoon session was devoted solely for rest and recreation (R & R). Participants had a choice to enjoy any of the recreational activities available at Papa Kit’s such as zipline, obstacle jungle course, fishing, swimming, horseback riding, wakeboarding and boating. The adventurous ones immediately engaged into action while the laid-back ones took their time to relax and enjoy the surroundings. At 4:00 PM, it was called a wrap and everyone headed out of Papa Kit’s. Another year, another teambuilding. Yet, it was a teambuilding like no other, for good reasons. ●

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21Court of Appeals Journal

innovations it had made, the Court has significantly reduced the number of vintage cases submitted to it for decision, as the Court endeavored incessantly toward this end. In the Cagayan De Oro Station, for example, the Court has already disposed of all the cases submitted to it for decision in 2010.

Aside from all these, the Court has also initiated activities for the enhancement of its workforce, bearing in mind that they are what comprise the Court; they are the Court’s partners in its dispensation of justice. Every year, the Court holds proficiency training seminars, retreats, sportsfests, tree planting activities, team building activities, and the like to nurture and foster unity, cooperation, and camaraderie among all Court employees. Enhancement, indeed!

The third and final step which the Court of Appeals has undertaken in this journey towards excellence is ENDURANCE. Through the years, the Court of Appeals had been the target of criticisms, subjected to ridicule, and at times blamed for the current state of affairs. It had its fair share of the trials and tribulations in life.

In 2008, the integrity of the Court was tested. One of the Court of Appeals justices described the situation as one in which the Court was at the “center of attention, and not in the very good light that it deserves.” Another justice expressed his view that “the second highest Court of the land was shaken.” Indeed, it was. Perhaps, it was the worst of times; but then it was the best of times, for the Court was given an opportunity to show its potential, and it did, with grace. It was able to get back on its feet and like a phoenix, soared high.

Those circumstances triggered the renewed commitment of the Court towards integrity, morality, and responsibility. The Court of Appeals launched the Judicial Reform Program with its motto: We shall Overcome! All the Court employees from the rank and file, to the magistrates were motivated and encouraged to perform their tasks with greater zeal and passion, especially that the Court was under scrutiny at that time. The campaign for a Renewed Court of Appeals was felt throughout the entire Court, including the Cebu and Cagayan De Oro Stations. The Judicial Reform Program created a ripple effect of great magnitude. The Court was tireless in its pursuit towards integrity, morality, and responsibility. As one family, the Court and its employees worked relentlessly to achieve their goals; and they did, true to their motto. The Court was bent, but unbroken; bloodied, but unbowed. It weathered the storm.

On a personal note, I am honored that as a member of the Court, I have taken part in its journey, and have helped the Court in taking these humble steps. The Court has imbibed the habit of evolving, enhancing, and enduring, in the performance

of its sworn duty to dispense with justice and uphold the rule of law. In taking these steps, the Court has learned a lot and was molded into the Court that it has become today-a Court to be reckoned with.

They say that excellence is measured by the distance one has travelled from the point where it started. To this end, the Court of Appeals has come a long way. It has not reached the pinnacle, but it is getting there, and it is on the right track. This is what matters.

More importantly, despite what it has accomplished, it continues to acknowledge that there is still a lot of room for improvement. It revels in the fact that it can still seize the opportunity to evolve, enhance, and endure, honing and cultivating its skills in the process. This, in my opinion, is the meaning of Judicial Excellence. So, Godspeed, Court of Appeals. You have overcome! ●

The Court of Appeals’ Journey... from Page 12

The CourT of AppeAls JournAlEDITORIAL COMMITTEE

PReSIDINg JuStICe ANDReS b. ReyeS, JR.Chairman/Editor-in-Chief

eXeCutIVe JuStICe RoMuLo V. boRJAeXeCutIVe JuStICe gAbRIeL t. INgLeS

Associate Editors

JuStICe JoSe C. ReyeS, JR.JuStICe MAgDANgAL M. De LeoN

JuStICe MARLeNe goNzALeS-SISoNJuStICe FRANCISCo P. ACoStA

JuStICe CARMeLItA SALANDANAN MANAHANJuStICe MARIA eLISA SeMPIo DIy

Editors

JuStICe ReMeDIoS A. SALAzAR-FeRNANDoJuStICe MA. LuISA quIJANo-PADILLA

JuStICe gAbRIeL t. RobeNIoLPReSIDINg JuStICe RubeN t. ReyeS (Ret.)

JuStICe ALICIA V. SeMPIo-DIy (Ret.)Atty. AgAPIto g. CARtAgeNAS

MR. AMIeL C. De VeRAMS. AILeeN ALoNzo

MR. FRANCISCo S. gutIeRezContributors

Atty. MeLIeCAR R. CAStRoAtty. JeLAND oMeR L. PoRMeNtILLA

Atty. CHeSKA ANN M. PAzzIuAgANManaging Editors

MS. KAReNe M. MeNDozA MR. CoNRADo C. CALACARMS. LIzA R. RegALA

Editorial Staff

MR. CARLo R. SANtoS MR. MANueL DeVeRAS, JR.Lay-out Artist Photographer

The Editorial Committee welcomes articles, news and other manuscripts for publication. Please submit all contributions to the Office of the Editor at Room 300, Court of Appeals Main Bldg., Ma. Orosa St., Ermita, Manila. Comments and criticisms are also welcome.

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Court of Appeals Journal22

Executive Order... from Page 13

By Justice gabriel t. Robeniol

“WHEN JUSTICE WAS WRONG”

Coming from the private practice of law, occasions when I can rub elbows with Justices whether of the Supreme Court, Court of Appeals, Sandiganbayan, or Court of Tax Appeals were scarce. Most of these limited instances were during official or ceremonial functions when Justices would be clothed in their elegant black garbs while bereft of any facial expression except the stern and skeptical gaze usually trained towards lawyers pleading cases before them. Tersely, I saw the Justices while seamlessly portraying the coldness of an impartial and neutral magistrate.

Except for a handful of Justices with whom I had the distinct fortune of previously working together in the Office of the Solicitor General, the academe, or lawyers’ organizations, my long standing impression of Justices, including those in the Court of Appeals, is that they are overly formal, certainly not amiable, sparing with their smiles, and unemotional. Upon my appointment to the Court of Appeals, this impression has become my expectation of the Justices with whom I will work in Manila, Cebu or Cagayan de Oro. This impression was affirmed when, during the En Banc Session held last November 27, 2015, which was the first official function I attended in the Court of Appeals, I saw the Justices displaying their impeccable sartorial elegance and wearing the darkest of dark suits and their crisply ironed barongs.

Notwithstanding my foregoing expectations, I had the equally immense hope that my expectations would be proven wrong.

And yes, this Justice was wrong. No sooner had I introduced myself during the November 27, 2015 En Banc Session did I see radiant smiles and felt the warm welcome of my fellow CA Justices. Everyone was all too eager to give advice on my fledgling career in the Judiciary. A Justice, despite her busy schedule, found time to guide me in setting up my complement of lawyers and staff in the Cebu Station. Another Justice, notwithstanding his full agenda for completing his transfer from Cebu to Manila, helped me in settling in Cebu City. The Justices in the Cebu Station always have their office doors open for this novice in the Judiciary. My impression has totally changed and my hope turned true when, during the 80th Anniversary Celebration of the Court of Appeals held last February 1, 2016, I saw the CA Justices in their worst judicial appearance but certainly in their best artistic, dance, musical and comic performances.

This Justice, wrong as he may have been in his expectations of his colleagues in the CA, was, after all, right when he hoped to find, and did find, the persons under the black judicial robes with their bright smiles and warm welcomes. I thankfully admit that this Justice was wrong. ●

goes for in-house counsels who easily earn six digits in some top companies.

This may be a bit demoralizing for some, but this is the sacrifice of public service. We enter this profession with eyes wide open, and with hearts filled with contentment. While the salary of a Justice or a Judge may be said to be modest as compared to partners in the biggest law firms, there is no monetary equivalent to the honor, respect, and sense of fulfillment in being a public servant. Public service is its own reward. We voluntarily chose to serve our country with full awareness that we are to lead modest lives. As a Buddhist teaching says, “The origin of suffering is desire.” The key, as always, is to live within our means.

While contentment is

unquestionably a virtue, a periodic review of salaries and benefits is nonetheless necessitated by the ever-increasing cost of living and inflation. The purchasing power of money has drastically weakened through the years. For the same amount of money, we can buy less today than what we can purchase years ago. A living wage should not be a mere abstract concept or a punch line, since our workers, especially those in the lower salary grades, are challenged everyday with what is really meant by a living wage. This is the reality that we have to face, which is why the government came up with measures like E.O. 201.

Aside from providing competitive

salaries to government professionals so that we could enjoy a decent living, one of the indirect benefits of SSL IV is curbing corruption. This illustrates the so-called “Carrot and Stick approach,” a

Utilitarian philosophical concept which recognizes that human behavior are influenced through a system of reward and punishment, hence, “carrot” for reward, and “stick” for punishment. In the context of E.O. 201, the grant of additional benefits to our government workers mirrors the “carrot” approach, as our public servants will surely be motivated to do their job diligently and honestly through these incentives given to them.

While understandably, for some, the increase under E.O. 201 is minimal, this is a step towards the right direction. We deserve to be paid for the fruits of our labor and so let us accept these benefits not only with a feeling of gratitude, but also with a sense of entitlement and consciousness of a greater responsibility. With this, may we all be inspired to give back and repay our country by doing our work in the best way we can.•

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23Court of Appeals Journal

By Amiel C. De Vera - ACAE President

A REFRESHING TREAT FOR CA EMPLOYEES

The Court of Appeals, in cooperation with the Association of Court of Appeals Employees (ACAE), had taken its officials and employees on a 1-day out-of-town refreshing treat to Puerto Azul Beach Resort in Ternate, Cavite last April 28, 2016 for its annual team building activity. Four (4) CA shuttle buses took the employees to the said place.

The program started with the Welcome and Opening Message of Mrs. Juanita P. Tibayan-Castro, Chief of the Personnel Division, while Mr. Amiel C. De Vera, ACAE President, and Emelda P. Hicarte, ACAE Board Member, took turns in hosting the program.

Capping the event were the usual cheering competition and team building games, viz.: obstacle course, sack race, and tug-of-war. The competition was facilitated by Mr. Jerrick D. Villanueva of Puerto Azul Beach Resort.

Under the scorching heat of the sun, the teams competed with each other while their teammates cheered for them. The Green Team emerged as the overall champion while the Red Team received the first prize for the cheering competition. Miss Gloria Embiado brought home the prize for Best in Swimwear.

Following the instruction of Honorable Presiding Justice Andres B. Reyes, Jr., the event was also highlighted by a lecture and practical exercises on Basic Life Support and First Aid conducted by the Ternate-LGU Rescue Team. The lecture was very informative. They taught the employees of the fundamentals of first aid and how to make alternative or improvise equipment in case there are no available rescue

equipment at the scene of the accident. The event was filled with fun and exciting games. It was,

indeed, a chillaxing treat for the employees because aside from the refreshing bath in the cold waters of the beach, food was overflowing like manna from heaven.

There were lots of prizes that were given away. Aside from the prizes for the winners of the cheering and game competitions, there was also a raffle of prizes. The prizes at stake included the following: rice cooker, oven toaster, table electric fans, umbrellas, tee shirts, cellphone loads, and cash.

The frolicking was interrupted in the afternoon by a sudden thunderstorm, forcing the group to pack-up and travel back to Manila. Though everybody were physically exhausted, the group returned home inspired and energized by the experience and wonderful memories that were developed during the activities.

Out-of-town team building activity strengthens employees’ work commitment.

Outdoor company team-building activity has been proven to be the simplest and most affordable way to boost the morale of a company’s employees. Aimed on promoting camaraderie and developing an effective teamwork, team building activities reactivate the bond among the employees by allowing them to get to know each other better. This produces a better and efficient employees working relation, thereby, improving the company’s overall performance. Verily, happy employees are productive employees.

“Happy employees are productive employees.”

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CA-Cagayan de Oro Team Building

GAD Day Care Summer Art Activity

27 May 2016

27 May 2016