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MANILA STATION
FIRST DIVISION
Presiding Justice Andres B. Reyes, Jr., Chairperson
Justice Romeo F. Barza, Senior Member
Justice Agnes Reyes Carpio, Junior Member
SECOND DIVISION
Justice Remedios A. Salazar-Fernando, Chairperson
Justice Priscilla J. Baltazar-Padilla, Senior Member
Justice Socorro B. Inting, Junior Member
THIRD DIVISION
Justice Rosmari D. Carandang, Chairperson
Justice Mario V. Lopez, Senior Member
Justice Myra V. Garcia-Fernandez, Junior Member
FOURTH DIVISION
Justice Noel G. Tijam, Chairperson
Justice Francisco P. Acosta, Senior Member
Justice Eduardo B. Peralta, Jr., Junior Member
FIFTH DIVISION
Justice Jose C. Reyes, Jr., Chairperson
Justice Stephen C. Cruz, Senior Member
Justice Ramon Paul L. Hernando, Junior Member
SIXTH DIVISION
Justice Fernanda Lampas Peralta, Chairperson
Justice Jane Aurora C. Lantion, Senior Member
Justice Nina G. Antonio-Valenzuela, Junior Member
SEVENTH DIVISION
Justice Magdangal M. De Leon, Chairperson
Justice Elihu A. Ybañez, Senior Member
Justice Victoria Isabel A. Paredes, Junior Member
EIGHTH DIVISION
Justice Japar B. Dimaampao, Chairperson
Justice Franchito N. Diamante, Senior Member
Justice Carmelita Salandanan Manahan, Junior Member
NINTH DIVISION
Justice Celia C. Librea-Leagogo, Chairperson
Justice Amy C. Lazaro-Javier, Senior Member
Justice Melchor Quirino C. Sadang, Junior Member
TENTH DIVISION
Justice Marifl or P. Punzalan Castillo, Chairperson
Justice Florito S. Macalino, Senior Member
Justice Zenaida T. Galapate-Laguilles, Junior Member
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JUDICIARY ANNUAL REPORT 2015-2016
ELEVENTH DIVISION
Justice Sesinando E. Villon, Chairperson
Justice Rodil V. Zalameda, Senior Member
Justice Pedro B. Corales, Junior Member
TWELFTH DIVISION
Justice Ramon M. Bato, Jr., Chairperson
Justice Manuel M. Barrios, Senior Member
Justice Maria Elisa Sempio Diy, Junior Member
THIRTEENTH DIVISION
Justice Normandie B. Pizarro, Chairperson
Justice Samuel H. Gaerlan, Senior Member
Justice Ma. Luisa Quijano Padilla, Junior Member
FOURTEENTH DIVISION
Justice Apolinario D. Bruselas, Jr., Chairperson
Justice Danton Q. Bueser, Senior Member
Justice Renato C. Francisco, Junior Member
FIFTEENTH DIVISION
Justice Ramon R. Garcia, Chairperson
Justice Leoncia R. Dimagiba, Senior Member
Justice Jhosep Y. Lopez, Junior Member
SIXTEENTH DIVISION
Justice Ricardo R. Rosario, Chairperson
Justice Edwin D. Sorongon, Senior Member
Justice Marie Christine Azcarraga-Jacob, Junior Member
SEVENTEENTH DIVISION
Justice Marlene Gonzales-Sison, Chairperson
Justice Ramon A. Cruz, Senior Member
Justice Henri Jean Paul B. Inting, Junior Member
EIGHTEENTH DIVISION
Executive Justice Gabriel T. Ingles, Chairperson
Justice Marilyn B. Lagura-Yap, Senior Member
Justice Germano Francisco D. Legaspi, Junior Member
NINETEENTH DIVISION
Justice Edgardo L. Delos Santos, Chairperson
Justice Edward B. Contreras, Senior Member
Justice Geraldine C. Fiel-Macaraig, Junior Member
TWENTIETH DIVISION
Justice Pamela Ann Abella Maxino, Chairperson
Justice Pablito A. Perez, Senior Member
Justice Gabriel T. Robeniol, Junior Member
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JUDICIARY ANNUAL REPORT 2015-2016
TWENTY-FIRST DIVISION
Executive Justice Romulo V. Borja, Chairperson
Justice Oscar V. Badelles, Senior Member
Justice Ronaldo B. Martin, Junior Member
TWENTY-SECOND DIVISION
Justice Edgardo A. Camello, Chairperson
Justice Ma. Filemena D. Singh, Senior Member
Justice Perpetua T. Atal-Paño, Junior Member
TWENTY-THIRD DIVISION
Justice Edgardo T. Lloren, Chairperson
Justice Rafael Antonio M. Santos, Senior Member
Justice Ruben Reynaldo G. Roxas, Junior Member
The Sandiganbayan
FIRST DIVISION
Justice Efren N. De la Cruz, Chairperson
Justice Maria Cristina J. Cornejo, Senior Member
Justice Reynaldo P. Cruz, Junior Member
SECOND DIVISION
Justice Teresita V. Diaz-Baldos, Chairperson
Justice Napoleon E. Inoturan, Senior Member
Justice Michael Frederick L. Musngi, Junior Member
THIRD DIVISION
Presiding Justice Amparo M. Cabotaje-Tang, Chairperson
Justice Samuel R. Martires, Senior Member
Justice Sarah Jane Fernandez, Junior Member
FOURTH DIVISION
Justice Jose R. Hernandez, Chairperson
Justice Alex D. Quiroz, Senior Member
Justice Geraldine Faith A. Econg, Junior Member
FIFTH DIVISION
Justice Roland B. Jurado, Chairperson
Justice Rafael R. Lagos, Senior Member
Justice Ma. Theresa V. Mendoza-Arcega, Junior Member
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JUDICIARY ANNUAL REPORT 2015-2016
SIXTH DIVISION
Justice Rodolfo A. Ponferrada, Chairperson
Justice Oscar C. Herrera, Jr., Senior Member
Justice Karl B. Miranda, Junior Member
SEVENTH DIVISION
Justice Alexander G. Gesmundo, Chairperson
Justice Ma. Theresa Dolores C. Gomez-Estoesta, Senior Member
Justice Zaldy V. Trespeses, Junior Member
SECOND DIVISION
Justice Juanito C. Castañeda, Jr., Chairperson
Justice Caesar A. Casanova
Justice Amelia Cotangco-Manalastas
THIRD DIVISION
Justice Lovell R. Bautista, Chairperson
Justice Esperanza R. Fabon-Victorino
Justice Ma. Belen Ringpis Liban
vii
Republic of the Philippines
Supreme Court
Manila
T
his year’s Judiciary Annual Report takes off from the “success
stories” we presented last year and represents our continuing
effort to mainstream these successes stories into sustainable
standards.These success stories tell us about (a) Speedy
Justice. (for example, Hustisyeah and Case Decongestion Officers, the
Enterprise Information Systems Plans, E-Courts); (b) Transparent
Justice ( f o r e x a mp le , l ive s t re am in g, up lo ad in g of fi n an c i al
transactions, SALN summaries for SC Justices); (c) Compassionate
Justice (the Family Courts); and (d) Effi cient Justice (Infrastructure).
We are heartened that our efforts to mainstream these success
stories into sustainable standards was recognized and joined by the
Executive and Legislative branches in the last three years. Working
together, we were able to (a) institutionalize previously privately-
assisted reform initiatives and projects through GAA support; (b) put
in place through strategic and programmatic funding a reform track
for the judiciary that is long-term but time-bound, visionary but realistic,
practicable and practical.
Clearly of ONE MIND, the Executive, Congress and the Judiciary
read from ONE PAGE the past year. This led to a sharing of the strategic
vision that the Supreme Court has laid down for the judiciary. Our
success stories would not have been possible had it not been for
this partnership. This unity has also led to better allocation of
resources to the judiciary, where the premium has not been on
how much money is allocated but also to which programs it
is allocated and when it is allocated.
In the advent of a new administration borne on an
overwhelming mandate for change, the judiciary needs
to be the one, unchanging and ever-constant point in our
government. To be able to do this, the Judiciary needs
to be insulated from the germ of political dependency
and be strengthened in its autonomy and
independence. That is the O NE DIRECTION that the
Judiciary is constitutionally mandated to take. It is
the ONE DIRECTION that we are confi dent that our
partners in government from the legislative and the
executive branches will continue to support.
ii
MARIA LOURDES P. A. SERENO
Chief Justice
JUDICIARY ANNUAL REPORT 2015-2016
The Supreme Court of the Philippines is the progeny of the tribunal established
by Act No. 136 of the Philippine Commission on June 11, 1901. While there is no
umbilical cord joining the Supreme Court to the Real Audiencia de Manila set up by the
Spaniards or the Audiencia Territorial de Manila constituted by Major General Elwell
Otis, these audiencias, however, serve as backdrops and proper perspectives in retelling
the history of the present Supreme Court.
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JUDICIARY ANNUAL REPORT 2015-2016
lands to the sett lers of newly established pueblos. However, by 1861, the Audiencia
had ceased to perform these executive and administrative functions and had been
restricted to the administration of justice.
When the Audiencia Territorial de Cebu was established in 1886, the name of the
Real Audiencia de Manila was changed to Audiencia Territorial de Manila.
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The Anglo-American legal system under which the Supreme Court of the Philippine
Islands was expected to operate was entirely different from the old Spanish system
that Filipinos were familiar with. Adjustments had to be made; hence, the decisions
of the Supreme Court during its early years refl ected a blend of both the Anglo-
American and Spanish systems. The jurisprudence was a gentle transition from the
old order to the new.
TheSupremeCourtDuringtheCommonwealth
Following the ratification of the 1935 Philippine Constitution in a plebiscite, the
principle of separation of powers was adopted not by express and specific provision
to that eff ect, but by actual division of powers of the government into executive,
legislative, and judicial in different articles thereof.
As in the United States, the judicial power was vested by the 1935 Constitution
“in one Supreme Court and in such inferior courts as may be established by law.” It
devolved on the Judiciary to determine whether the acts of the other two departments
were in harmony with the fundamental law.
The Court during the Commonwealth was composed of “a Chief Justice and ten
Associate Justices, and may sit en banc or in two divisions, unless otherwise provided
by law.”
The call was unprecedented, considering the separation of powers that previous
Constitutions had always ordained, but understandable considering the revolutionary
nature of the post-People Power government. Heeding the call, the members of the
Judiciary from the Supreme Court to the Municipal Circuit Courts placed their offices
at the disposal of the President and submitted their resignations. President Corazon
C. Aquino proceeded to reorganize the entire Court, appointing all 15 members, led
by former Senior Associate Justice Claudio M. Teehankee Sr. as Chief Justice.
On March 25, 1986, President Corazon Aquino, through Proclamation No. 3, also
abolished the 1973 Constitution and put in place a Provisional “Freedom” Constitution.
Under Article I, section 2 of the Freedom Constitution, the provisions of the 1973
Constitution on the judiciary were adopted insofar as they were not inconsistent with
Proclamation No. 3.
Article V of Proclamation No. 3 provided for the convening of a Constitutional
Commission composed of fifty appointive members to draft a new constitution; this
would be implemented by Proclamation No. 9. The output of the Constitutional
Commission of 1986 was submitt ed to the people for ratifi cation, under  Filipino
people then ratified the Constitution submitted to them by the Constitutional Commission
on February 2, 1987.
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Court acknowledged that the case does not fall under any of
the exceptions but nonetheless awarded damages. The Court,
however, modified the trial court’s award for lost earnings to
follow the formula [2/3 x 80 – age] x [gross income – necessary
expenses equivalent to 50% of the gross annual income].
Film Development The Court declared Sections 13 and 14 of RA 9167
Council of the unconstitutional. The Court found that, by earmarking the income
Philippines (FDCP) on amusement taxes imposed by the local government units
v. Colon Heritage (LGUs) in favor of FDCP and the producers of graded films in
Realty Corporation, Section 14, Congress had committed a usurpation of the LGUs’
GR Nos. 203754 exclusive prerogative to apportion their funds defeating the
and 204418, June guarantee of fiscal autonomy to municipal corporations enshrined
16, 2015; En Banc in the Constitution. The Court also held that Section 13 is not
a grant by Congress of an exemption from amusement taxes in
favor of producers of graded films but a transfer to them of the
amount of amusement tax borne by the proprietors, lessors,
and operators as a monetary reward for having produced a
graded film, the funding for which was taken by the national
government from the coffers of the covered LGUs.
Velicaria-Garafil v. The Court upheld actions taken pursuant to President Benigno
Offi ce of the S. Aquino III’s Executive Order No. 2 (series of 2010) which
President, GR Nos. invalidated a series of appointments made by his immediate
203372, 209138, predecessor on the basis that they were in violation of the
and 212030, June constitutional ban on “midnight appointments” in Article VII,
16, 2015; En Banc section 15 of the 1987 Constitution.
Defining a valid appointment to a government post, including
one made under the exception to the ban on midnight
appointments, as a process that takes several steps to complete,
the Court emphasized that the appointments challenged failed
to meet that process. In this case, the Court found that petitioners
failed to show their compliance with all four elements of a
valid appointment (the President’s signing an appointee’s
appointment paper to a vacant offi ce, its offi cial issuance and
acceptance by the appointee evidenced by his or her oath of
offi ce or assumption of duties) as it was not shown that their
appointment papers had indeed been issued before the period
covered by the appointment ban.
The Court also noted the admission that the appointees took
their oaths of office during the period covered by the appointment
ban even as none of them claimed that their appointments fell
under the exception.
Ferrer v. Bautista, The Court sustained the constitutionality and legality of the
GR No. 210551, Socialized Housing Tax (SHT) of Quezon City (Ordinance No. SP-
June 30, 2015; En 2095, Series of 2011) as being consistent with Section 43 of RA
Banc 7279 (Urban Housing and Development Act).
The Court characterized the SHT, the collections of which accrue
to the city’s socialized housing programs and projects, not just
as a pure exercise of the taxing power but also to be “primarily
in the exercise of police power for the general welfare of the
city.”
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In its Decision of July 26, 2016, however, the Court granted the
various Motions for Reconsideration and reversed its earlier ruling
of December 8, 2015. Its dispositive portion reads:
WHEREFORE, the motions for reconsideration are GRANTED.
The Decision dated December 8, 2015 of the Court, which affirmed
with modifi cation the Decision dated May 17, 2013 and the
Resolution dated September 20, 2013 of the Court of Appeals
in CA-G.R. SP No. 00013 is hereby SET ASIDE for the reasons
above-explained. A new one is ENTERED DISMISSING the
Petition for Writ of Continuing Mandamus and Writ of Kalikasan
with Prayer for the Issuance of a Temporary Environmental
Protection Order (TEPO) fi led by respondents Greenpeace
Southeast Asia (Philippines) (Greenpeace), Magsasaka at Siyentipiko
sa Pagpapaunlad ng Agrikultura (MASIPAG), and others on the
ground of mootness.
In so holding, the Court agreed with the movants argument
that the case should have been dismissed for mootness in view
of the completion and termination of the Bt talong field trials
and the expiration of the Biosafety permits. It also stated that
the Court should not have resolved the case on its substantive
merits due to mootness and should also not have acted on the
c o ns t it ut io na l q ue s t i on, i. e . , w he t he r DA O 08 - 2 00 2 was
unconstitutional, as this matter was only collaterally raised.
The Court explained that it is not empowered to decide moot
questions or abstract propositions, or to declare principles or
riles of law which cannot aff ect the result as to the thing in
issue in the case before it. An action is considered moot when
it no longer presents a justiciable controversy because the issues
have become academic or when the subject matt er has been
resolved. The Court also stated that the exceptions to mootness
under case law—(a) if there is a grave violation of the Constitution;
(b) the exceptional character of the situation and the paramount
public interest is involved; (c) when the constitutional issue raised
requires formulation of controlling principles to guide the bench, the
bar, and the public; and (d) the case is capable of repetition yet
evading review—were not present and thus the Court should
not, in the fi rst place, have decided the matter.
The supercession of DAO 08-2002 by JDC 01-2016 prevents the
issue from repeating itself yet evading review, thus not constituting
an exception to mootness. According to the Court, the new
regulatory framework under JDC 01-2016 is very different from
DAO 08-2002 and thus prevents this matter from falling under
that exception to mootness. The Court noted that there are two
factors to be considered before a case is deemed capable of
repetition yet evading review: (1) the challenged action was in
its duration too short to be fully litigated prior to its cessation
or expiration; and (2) there was a reasonable expectation that
the complaining party would be subjected to the same action.
The Biosafety permits in question were obtained in 2010 and
were valid for two years; the cases were filed just shortly before
the permits were to expire, thus respondents cannot claim that
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JUDICIARY ANNUAL REPORT 2015-2016
the period to litigate was too short. Also, DAO 08-2002 has
been superceded by JDC 01-2016 thus preventing any claim of
being subjected to the same treatment from being successfully
made.
The Court pointed out that completion of field trials does not
mean that GMOs could immediately be commercially propagated
as there are regulations that govern the same.
Kabataan Party-List The Court upheld the constitutionality of the biometrics validation
v. Commission on of the list of voters as provided under RA 10367 and fl eshed
Elections out in the assailed COMELEC resolutions, holding that it passes
(COMELEC), GR the “strict scrutiny” test. It found that the objective of cleansing
No. 221318, the national voter registry so as to eliminate electoral fraud and
December 16, 2015 ensure that election results are refl ective of the will of the
electorate is a compelling state interest. The regulation is also
the least restrictive means as it is simply a manner of updating
registration for those already registered under RA 8189 through
technology.
Mendez v. Shari’a The Court, following the doctrine of ancillary jurisdiction, ruled
District Court, GR that the Shari’a Circuit Court possesses jurisdiction to rule on
No. 201614, issues of custody as they may be relevant to resolving divorce
January 12, 2016 (talaq) cases. The Court clarified that if the main cause of action
is one for custody, it must be fi led with the Shari’a District
Court following Article 143 of PD 1083 (Code of Muslim Personal
Laws).
Saguisag v. The Court upheld the constitutionality of the Enhanced Defense
Executive Secretary, Cooperation Agreement (EDCA) between the United States and
GR Nos. 212426 the Philippines even without it having been submitted for Senate
and 212444, concurrence on the ground that Article XVIII, Section 25 of the
January 12, 2016 Constitution allows the President to enter into an executive
agreement (EA) on foreign military bases, troops, or facilities if
(a) it is not the instrument that allows the presence of foreign
military bases, troops, or facilities or (b) it merely aims to implement
an existing law or treaty. The Court characterized the EDCA
as one such Executive Agreement that did not require Senate
concurrence as it provides for arrangements to implement existing
treaties (Visiting Forces Agreement and the Mutual Defense
Treaty).
Estrellado v. David, The Court held that the next-in-rank status of a government
GR No. 184288, employee is not a guarantee to one’s fi tness to the position
February 16, 2016 aspired for. It also noted that the three-salary grade limitation
on promotion and transfer is subject to exceptions under CSC
Resolution No. 03-0106 dated January 24, 2003.
Po e - L l a m a nz a r e s v. In this case, the Court declared petitioner Mary Grace Natividad
COMELEC, GR Nos. S. Poe-Llamanzares qualified to be a candidate for President in
221697 and 221698- the May 9, 2016 elections. It found the assailed resolutions of
700, March 8, 2016 the COMELEC in the matt er of petitioner’s citizenship and
residence in relation to her candidacy for president to have
been rendered in grave abuse of discretion; in the words of the
majority, “deadly diseased with grave abuse of discretion from
root to fruits,” both as to procedure and its conclusions.
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out that the COMELEC has the power to choose the appropriate
procedure to enforce the VVPAT requirement under the law
and balance it with the constitutional mandate to secure the
secrecy and sanctity of the ballot.
Rappler Inc. v. The Court directed the Chair of the COMELEC to implement
Bautista, Signed Part VI (C), paragraph 19 of the Memorandum of Agreement
Resolution, GR No. regarding the presidential and vice-presidential debates to
222702, April 6, which the COMELEC is a party, allowing the said debates to
2016 be shown or live streamed unaltered on petitioner’s and other
websites subject to the copyright condition that the source is
clearly indicated. The Court held that the political nature of
the national debates and the public’s interest in the wide
availability of the information for the voters’ education certainly
justify allowing the debates to be shown or streamed in other
websites for wider dissemination in accordance with the MOA.
People v. Jugueta, The Court addressed the matt er of damages with regard to
GR No. 202124, criminal cases where the imposable penalty is reclusion perpetua
April 5, 2016 to death, thus:
I. For those crimes like, Murder, Parricide, Serious
Intentional Mutilation, Infanticide, and other crimes
involving death of a victim where the penalty consists
of indivisible penalties:
1.1 Where the penalty imposed is death but reduced to
reclusion perpetua because of RA 9346:
a. Civil indemnity – P100,000.00
b. Moral damages – P100,000.00
c. Exemplary damages – P100,000.00
1.2 Where the crime committed was not consummated:
a. Frustrated:
i. Civil indemnity – P75,000.00
ii. Moral damages – P75,000.00
iii. Exemplary damages – P75,000.00
b. Attempted:
i. Civil indemnity – P50,000.00
ii. Exemplary damages – P50,000.00
iii. Exemplary damages – P50,000.00
2.1 Where the penalty imposed is reclusion perpetua other
than the above-mentioned:
a. Civil indemnity – P75,000.00
b. Moral damages – P75,000.00
c. Exemplary damages – P75,000.00
2.2 Where the crime committed was not consummated:
a. Frustrated:
i. Civil indemnity – P50,000.00
ii. Moral damages – P50,000.00
iii. Exemplary damages – P50,000.00
b. Attempted:
i. Civil indemnity – P25,000.00
ii. Moral damages – P25,000.00
iii. Exemplary damages – P25,000.00
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In Anonymous Lett er Against Aurora C. Castañeda, Clerk III, Regional Trial Court,
Branch 224, Quezon City, and Lorenzo Castañeda, Sheriff IV, Regional Trial Court, Branch
96, Quezon City, the respondents, who were married to each other, were found guilty
of gross misconduct and penalized with dismissal for extortion. The couple had demanded
the amount of One Million Pesos (P1,000,000) from a litigant in exchange for an
allegedly favorable result in a murder case. (AM No. P-11-3017, June 16, 2015)
In Enriquez v. Lavadia, the Court held that it cannot countenance a lawyer’s
practice of repeatedly pleading for extensions of time and yet not submitting anything
to the Court as this “reflects his willful disregard for Court orders putting in question
his suitability to discharge his functions as a lawyer.” The Court disbarred the lawyer,
holding that the respondent’s propensity for filing motions for extension of time and
not fi ling the required pleading violated Canons 11 and 18 and Rules 10.03, 12.03,
and 18.03 of the Code of Professional Responsibility. (AC No. 5686, June 16, 2015)
In Llunar v. Ricafort, the Court disbarred a lawyer for grave misconduct after he
engaged in the practice of law while under indefi nite suspension. He was likewise
found to have committ ed several infractions in his dealings with a client, such as
failure to exert diligence in handling his client’s case; failure to return, despite demand,
the amounts given to him by his client for handling the latt er’s case; and failure to
disclose to his client that he was under indefinite suspension from the practice of law.
(AC No. 6484, June 16, 2015)
In OCA v. Balut, the Court dismissed from the service the lower court judge who
repeatedly borrowed money, amounting to Two Hundred Two Thousand Seven Hundred
Seventy Four Pesos and Forty Two Centavos (P202,774.42), from the Court’s Fiduciary
Fund (FF), and who knowingly and deliberately made the clerks of court violate
pertinent circulars on proper administration of court funds. The Court noted that the
judge was able to fully pay his cash liabilities but nonetheless held that the judge’s
“unwarranted interference in the Court collections deserves administrative sanction
and not even the full payment of his accountabilities will exempt him from liability.”
The Court added that “(i)t matters not that these personal borrowings were paid as
what counts is the fact these funds were used outside of offi cial business.” (AM No.
RTJ-15-2426, June 16, 2015)
In Garciso v. OCA, the Court dismissed from the service for grave misconduct a
Cebu City process server who extorted money from a litigant. The Court found that
he solicited One Hundred Fifty Thousand Pesos (P150,000) from a litigant in exchange
for the assistance he allegedly could extend towards the withdrawal by the Philippine
Drug Enforcement Authority (PDEA) of its non-existent application for a search warrant.
(AM No. P-09-2705 and AM No. P-09-2737, June 16, 2015)
In Caoile v. Macaraeg, the Court exonerated a lawyer by dismissing a disbarment
case against him for neglecting his client’s cause due to supervening causes. The
lawyer had thrice moved for an extension of time within which to file his brief but still
failed to file any. The Court noted that the lawyer was already 60 years old when the
hearings of the disbarment case were held in 1967 and that the subpoena issued by
the Solicitor General in 1972 contained a handwritten note that the lawyer had already
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JUDICIARY ANNUAL REPORT 2015-2016
died. The case lingered with the Commission on Bar Discipline of the Integrated Bar
of the Philippines since 1990, with the Commission receiving no response from either
litigant regarding the resolution of the case; for this reason, the Court deemed it safe
to assume that the complainant had already lost interest in pursuing the disbarment
case and that the respondent had indeed already passed away. (AC No. 720, June 17,
2015)
In OCA v. Nicolas, a court interpreter and offi cer-in-charge of the Municipal Trial
Court of Guiguinto, Bulacan was meted the penalty of dismissal from the service with
forfeiture of all her retirements benefi ts for gross neglect of duty, dishonesty, and
grave misconduct prejudicial to the best interest of the service. She had incurred
shortages in the Special Allowance for the Judiciary Fund (SAJF), the Judiciary
Development Fund (JDF), and the Fiduciary Fund amounting to One Hundred Seventy
Seven Thousand Eight Hundred Thirty Eight Pesos and Twenty Four Pesos (P177,838.24).
(AM No. P-10-2840, June 23, 2015)
In Mamintal v. Abdullah, the Court dismissed for lack of jurisdiction an administrative
case for partiality, violation of due process, dishonesty, and conduct unbecoming a
court employee against a Clerk of Court II of the Shari’a Circuit Court of Marawi City.
According to the Court, under the Muslim Code of Personal Laws, the Clerk of Court
of the Shari’a Circuit Court enjoys the privilege of wearing two hats: first, as Clerk of
Court of the Shari’a Circuit Court, and second, as Circuit Registrar within his territorial
jurisdiction. Thus, the Court ruled that while the respondent was undoubtedly a
member of the judiciary as a clerk of court of the Shari’a Circuit Court, a review of
the complaints revealed that he was charged for registering a divorce and issuing the
corresponding Certificate of Registration of Divorce pursuant to his duties as Circuit
Registrar of Muslim divorces. “Consequently, it behooves the Court to also forward
the subject complaint to the Offi ce of the Mayor, Marawi City and to the CSC for
appropriate action,” the Court added. (AM No. SCC-13-18-J, July 1, 2015)
In OCA v. Lizondra, the Court fined a Court Interpreter II and offi cer-in-charge
at the Municipal Trial Court in Cities (MTCC), Tabuk City, Kalinga Ten Thousand
Pesos (P10,000) for her failure to faithfully perform duties assigned to her and for
violating circulars in not remitting court collections on time. (AM No. P-12-3101, July
1, 2015)
In Sanglay v. Padua, a sheriff who failed to file any report on a writ of execution
filed by a complainant in a civil case for almost two years after the Court directed him
to enforce the same was found guilty of simple neglect of duty, and was fi ned an
amount equivalent to his one month’s salary. (AM No. P-14-3182, July 1, 2015)
In Luna v. Galarita, the Court suspended for two years from the practice of law
a lawyer who failed to deliver to his client the amount of One Hundred Thousand
Pesos (P100,000). The amount represented the settlement proceeds he received after
entering into a compromise agreement in a foreclosure case without his client’s consent.
The Court also ordered him to return to his client the subject amount, with legal
interest of 6% per annum from February 2006. (AC No. 10662, July 7, 2015)
In Ibana-Andrade v. Paita-Moya, a lawyer who continued to practice law in willful
disobedience of the Court’s previous one-month suspension order was found to have
violated Section 27, Rule 138 of the Rules of Court, and was given an additional
penalty of six-month suspension from the practice of law. (AC No. 8313, July 14,
2015)
In OCA v. Guan, a former clerk of court, who had already been dropped from the
rolls for being absent without leave, was found guilty of gross neglect of duty for
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having incurred shortages with respect to the JDF, the SAJF (General/Special Allowance
for the Judiciary), and the Fiduciary Fund amounting to Two Hundred Ninety Three
Thousand Four Hundred Thirty Three Pesos and Ten Centavos (P293,433.10). He was
ordered to pay a fine in an amount equivalent to his salary for six months and was
disqualifi ed from re-employment in the government. (AM No. P-07-2293, July 15,
2015)
In Re: Decision dated 17 March 2011 in Criminal Case No. SB-28361 Entitled “People
of the Philippines v. Joselito C. Barrozo,” the Court motu proprio disbarred a former
prosecutor who was previously convicted of direct bribery. The Court, emphasizing
that at the time of the commission of the crime the respondent was an Assistant Public
Prosecutor of Dagupan City, ruled that “for committing a crime which does not only
show his disregard of his oath as a government official but is likewise of such a nature
as to negatively aff ect his qualifi cation as a lawyer, respondent must be disbarred
from his offi ce as an att orney.” (AC No. 10207, July 21, 2015)
In Mabini Colleges, Inc. v. Pajarillo, a lawyer was suspended from the practice of
law for violating Canon 15, Rule 15.03 of the Code of Professional Responsibility. This
rule on confl ict of interest prohibits a lawyer from representing new clients whose
interests oppose those of a former client in any manner, whether or not they are
parties in the same action or on totally unrelated cases. The lawyer was found to have
represented confl icting interests when he served as counsel for a bank in a case for
annulment of mortgage fi led by a former client of his against the bank. (AM No.
10687, July 22, 2015)
In Andrada v. Cera, the Court suspended from the practice of law for one year a
lawyer who did not exert any effort in his client’s case for annulment of marriage and
completely reneged on the obligations due his client. The Court found that the respondent
lawyer lied to his client by claiming that he had made the necessary application and
payment with the National Statistics Offi ce for the issuance of the birth certificates of
his client’s children. He likewise failed to comply with their agreement to provide a
psychologist to administer the psychological tests necessary in their case. (AC No.
10187, July 22, 2015)
In Perfecto v. Esidera, a Catarman, a Northern Samar Regional Trial Court (RTC)
judge was suspended for one month for committing bigamy when she and her second
husband conducted a marriage ceremony in 1990. In fi nding the respondent judge
administratively liable for violation of her marriage obligations under the law, the
Court held: “this Court protects the credibility of the Judiciary in administering justice.”
(AM No. RTJ-15-2417, July 22, 2015)
In Committ ee on Ethics and Special Concerns, Court of Appeals, Manila v. Naig , a
utility worker of the Court of Appeals was found guilty of engaging in disgraceful and
immoral conduct, after he entered into an illicit relationship with a woman not his
wife. In imposing upon him the penalty of suspension for six months and one day
without pay, Court directed that the respondent desist from any further relationship
with his paramour until his subsisting marriage is terminated. (AM No. CA-15-32-P,
July 29, 2015)
In Coronel v. Cunanan, the Court suspended a lawyer from the practice of law for
one year for proposing to his client a way to circumvent the law. The lawyer, after to
his client the “ordinary procedure” of an extrajudicial settlement of estate as a means
of transferring title to property, also then proposed the option of “direct registration”,
despite being fully aware that this option was a circumvention of the law and that it
would deprive the Government of the corresponding estate taxes and transfer fees
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aside from requiring the falsification of the transfer documents. (AC No. 6738, August
12, 2015)
In OCA v. Abarintos, a former records offi cer of the Cebu City station of Court of
Appeals was found guilty of gross dishonesty and misconduct after she tampered
with the date of receipt of a petition for review, making it appear that the said
pleading was timely filed to favor her husband’s kumpadre who had filed it. She was
ordered to pay a Five Thousand Pesos (P5,000) fi ne and was declared disqualifi ed
from employment in any branch or instrumentality of the government. (AM No. CA-
12-26-P, August 17, 2015)
In Paderanga v. Paderanga, a retired judge of the Mambajao, Camiguin RTC was
found guilty of conduct unbecoming a judge after he appropriated for himself a piece
of real property he co-owned with his sisters by erecting a fence around the said
property and introducing improvements on it without the conformity of his co-owners.
He was also found guilty of gross ignorance of the law after he issued a warrant of
arrest against his own sister, in violation of the compulsory disqualification of judges
related by consanguinity or affi nity to a party being a duty designed to free the
adjudication of cases from suspicion as to its fairness and integrity. (AM No. RTJ-14-
2383 and AM No. RTJ-07-2033, August 17, 2015)
In Salabao v. Villaruel, Jr. , the Court suspended from the practice of law for
eighteen (18) months a lawyer for violation of the Lawyer’s Oath and Rules 10.03 and
12.04 of the Code of Professional Responsibility. The Court said that “is quite clear that
respondent has made a mockery of the judicial process by abusing Court processes,
employing dilatory tactics to frustrate the execution of a final judgment, and feigning
ignorance of his duties as an offi cer of the court.” (AC No. 8084, August 24, 2015)
In Marigomen v. Labar, the Court reprimanded a driver of the Court of Appeals
Cebu City station for violating Reasonable Office Rules and Regulations and Gambling
Prohibited by Law under Section 52 (C) (3) and (5) of Rule IV of the Revised Uniform
Rules on Administrative Cases in the Civil Service . The Court ruled that the driver’s
unjustified presence at the maintenance section of the appellate court without offi cial
business or without a valid pass slip from the Assistant Clerk of Court as well as his
act of gambling within court premises fell short of the exacting standards for public
office, “especially on the part of those expected to preserve the image of the judiciary.”
(AM No. CA-15-33-P, August 24, 2015)
In Flores v. Mayor, Jr., the Court approved the recommendation of the Integrated
Bar of the Philippines and disbarred a Labor Arbiter who violated the Lawyer’s Oath
and the Code of Professional Responsibility for his “unexplained and unsanctioned act”
of archiving the records of a labor case for more than two years as well as for his
refusal to amend the Writ of Execution in the said case so as to reflect the amendment
of the name of the corporation against which it was issued. The Court noted that the
lawyer had previously been suspended for six months in another case for gross ignorance
of the law, also in violation of the Lawyer’s Oath and the Code of Professional Responsibility.
In view of the previous sanction, the Integrated Bar of the Philippines’ (IBP)
recommendation to disbar him was only proper. (AC No. 7314, August 25, 2015)
In Re: In the Matter of the Petition for Reinstatement of Rolando S. Torres as a Member
of the Philippine Bar, the Court denied a request for judicial clemency by a lawyer who
was disbarred in 2004 for gross misconduct consisting of fraudulent acts against his
own sister-in-law in the execution of a purported Deed of Extrajudicial Settlement,
wherein he and his wife knowingly and false declared that they were the sole heirs
of a decedent. Petitioner failed to meet the first, third, and fourth guidelines in resolving
requests for judicial clemency, to wit: 1) there must be proof of remorse and reformation;
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2) sufficient time must have lapsed from the imposition of the penalty to ensure period
of reform; 3) the petitioner’s age must show that he still has productive years ahead
of him that can be put to good use by giving him a chance to redeem himself; 4) there
must be a showing of promise…as well as potential for public service; and 5) there
must be other relevant factors and circumstances that justify clemency. (AC No. 5161,
August 25, 2015)
In Arnado v. Adaza, a former Assemblyman and commissioner of the Bureau of
Immigrations was declared a delinquent member of the IBP and was suspended for six
months from the practice of law for his failure to comply with the requirements of
Mandatory Continuing Legal Education (MCLE) for four compliance periods. The
Court said that “(w)hile the …. Regulations state that the MCLE Committee should
recommend to the IBP Board of Governors the listing of a lawyer as a delinquent
member, there is nothing that prevents the Court from using its administrative power
and supervision to discipline erring lawyers and from directing the IBP Board of
Governors to declare such lawyers as delinquent members of the IBP.” (AC No. 9834,
August 26, 2015)
In Sappayani v. Gasmen, the Court emphasized the importance of being a notary
public when it suspended a lawyer from the practice of law for one year and revoked
his notarial commission for notarizing a Special Power of Attorney without the personal
appearance of the affi ant. “Notarization is not an empty, meaningless, or routinary
act,” said the Court. “It is impressed with substantial public interest, and only those
who are qualified or authorized may act as such. It is not a purposeless ministerial act
of acknowledging documents executed by parties who are willing to pay fees for
notarization.” (AC No. 7073, September 1, 2015)
In Intestate Estate of Jose Uy v. Maghari, the Court suspended a lawyer for two
years for using a false IBP official receipt number, false professional tax receipt number,
false Roll of Attorneys number, and false MCLE compliance by using another lawyer’s
details in seven instances. The Court said that “(t)his case involves anything but trivial
non-compliance. It is much graver. The confluence of: (1) respondent’s many violations;
(2) the sheer multiplicity of rules violated; (3) the frequency—nay, pattern—of falsity
and deceit; and (4) his manifest intent to bring courts, legal processes, and professional
standards to disrepute bring to light a degree of depravity that proves respondent
worthy of being sanctioned.” (AC No. 10525, September 1, 2015)
In Ecraela v. Pangalangan, a government lawyer who was found to have carried
on several adulterous and illicit relations with both married and unmarried women
between the years 1990 to 2007 was disbarred on the ground of gross immorality and
for violating Section 2 of Article XV of the 1987 Constitution, Canon 1 and Rule 1.01,
Canon 7 and Rule 7.03, and Rule 10.01 of Canon 10 of the Code of Professional Responsibility,
and the Lawyer’s Oath. (AC No. 10676, September 8, 2015)
In Mendoza Vda. De Robosa v. Mendoza, the Court suspended a lawyer for six (6)
months due to his negligent handling of his client’s case, exacerbated by his failure to
inform the client of the status of her case, in violation of Rules 18.03 and 18.04 of the
Code of Professional Responsibility. (AC No. 6056, September 9, 2015)
In Williams v. Enriquez, a judge was suspended from the practice of law for six
months for engaging in forum shopping as a practicing lawyer. This practice disregarded
his duty to assist in the speedy and efficient administration of justice and violated the
prohibition on unduly delaying a case by misusing court processes. He was found
guilty of violation of Canon 12 of the Code of Professional Responsibility. (AC No. 8319,
AC No. 8329, and AC No. 8366, September 16, 2015)
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In Bartolome v. Basilio, the Court found a lawyer who affixed his official signature
and seal on an incomplete, if not false, notarial certificate guilty of violating the 2004
Rules of Notarial Practice and Rule 1.01, Canon 1 of the Code of Professional Responsibility.
Apart from suspending him from the practice of law for one year, the Court also
revoked his incumbent commission as a notary public and prohibited him from being
commissioned as a notary public for two years. (AC No. 10783, October 14, 2015)
In Sugni Realty Holdings and Development Corporation v. Paredes-Encinareal, the
Court ordered a judge to pay a Twenty One Thousand Pesos (P21,000) fine for gross
ignorance of the law or procedure, after he disregarded the pertinent rule on the filing
of supersedeas bond and monthly deposit. The Court also saw the case as an opportune
time to remind first-level court judges to always adhere to the mandate of Section 19
of the Rules of Court by issuing writs of execution upon the motion of the plaintiffs in
actions for ejectment whenever the defendants have failed to stay execution. “They
should not leave to the appellate courts the action on the motions for execution because
that action would be too late in the context of Section 19,” said the Court. “The trial
and appellate judges should constantly be mindful of the summary nature of the
ejectments actions, and of the purpose underlying the mandate for immediate execution,
which is to prevent the plaintiffs from being further deprived of their rightful possession.
Otherwise, they stand liable for gross ignorance of the law or procedure.” (AM No.
RTJ-08-2102, October 14, 2015)
In OCA v. Baltazar, a Clerk of Court of the Municipal Circuit Trial Court (MCTC)
in Allacapan-Lasam, Cagayan who was found guilty of gross dishonesty, grave
misconduct, and gross neglect of duty was dismissed from the service. He was likewise
ordered to pay the balance of the shortages he incurred in the amount of P112,376.80
and other accountability, as determined by the Financial Management Offi ce. (AM
No. P-14-3209, October 20, 2015)
In Balanza v. Criste, the Court imposed on a clerk from the Vigan City RTC a fine
in an amount equivalent to his salary for six months and one day for serious dishonesty.
The Court found that the clerk certifi ed spurious court issuances, giving the false
impression that the documents were authentic and offi cially executed by a judge and
that the clerk had the authority to make such certifi cations. (AM No. P-15-3321,
October 21, 2015)
In Tolentino v. Millado, two lawyers were reprimanded for breach of Canon 11,
Rules 11.03 and 11.04 of the Code of Professional Responsibility after they, in an election
protest, recklessly alleged not only the MTCC’s lack of expertise and experience but
bias as well. The Court emphasized that while members of the Bar are free to criticize
judges, “criticism sans fair basis grossly violates the duty to accord respect owing to
the courts.” (AC No. 10737, November 9, 2015)
In OCA v. Corea, the Court suspended without pay for two months an RTC sheriff
who acted without authority and failed to follow the proper procedure in billing and
collecting from a rural bank service fees and incidental expenses for the conduct of
extrajudicial foreclosure of property. (AM No. P-11-2992, November 9, 2015)
In Valdez v. Dabon, Jr., the Court disbarred a lawyer for immorality, ruling that
the lawyer’s intimate relationship with a woman other than his wife “manifested his
disrespect for the laws on the sanctity of marriage and for his own marital vow of
fi delity. It showed his utmost moral depravity and low regard for the fundamental
ethics of his profession.” (AC No. 7353, November 16, 2015)
In OCA v. Tandinco, the Court imposed administrative fines for various offenses
on two judges and one clerk of court. It imposed a One Hundred Thousand Pesos
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numerous Court resolutions requiring him to show cause why he should not be
disciplinarily dealt with or be held in contempt. (AC No. 5325, February 9, 2016)
In Lam v. Garcia, the Court stressed that quarreling with a co-employee, especially
when done before the public or within the premises during office hours, is prejudicial
to public service. It thus reprimanded a junior process server for simple discourtesy
and conduct unbecoming a court employee for shouting within court premises, upon
discovering that the entries in her Daily Time Record (DTR) were modifi ed by the
clerk of court of her branch to allegedly refl ect her absences, “Buang ka! Yawa ka!
Nganong imo kong gibotangan ug absent? Gasunod sunod pa gud. Paghulat ug akoy mabotang!
Disabled!” (“You are stupid! You devil! Why did you mark me absent for consecutive
days? Wait until I would be the one to write! Disabled!”) (AM No. P-15-3300, February
10, 2016)
In Re: Civil Service Examination Irregularity (Impersonation) of Ms. Elena T. Valderoso,
Cash Clerk II, Offi ce of the Clerk of Court, MTCC, Antipolo City , a court employee who
acknowledged that another person took the Career Service Professional Examination
for her in 1994 was found guilty of serious dishonesty and was meted the penalty of
forfeiture of whatever benefits due her, in lieu of dismissal which could no longer be
imposed because she had resigned from service. (AM No. P-16-3423, February 16,
2016)
In Aquino v. Alcasid, the Court ordered the dismissal from service of a Clerk III
of the Olongapo City RTC who stole and discounted the checks representing the
salaries of her fellow court personnel. The Court ruled that her acts amounted to
“grave misconduct and serious dishonesty, and violated the time-honored constitutional
principle that a public offi ce is a public trust.” (AM No. P-15-3361, February 23, 2016)
In Noces-De Leon v. Florendo, the Court ruled that a Vigan City RTC sheriff who
solicited and received the amount of P100,000 from a litigant to facilitate a favorable
ruling in a case for annulment of marriage was guilty of grave misconduct, citing
Section 2, Canon I of the Code of Conduct for Court Personnel, which provides that
“Court personnel shall not solicit or accept any gift, favor or benefi t based on any
explicit or implicit understanding that such gift, favor or benefit shall influence their
offi cial actions.” (AM No. P-15-3393, February 23, 2016)
In Ramiscal v. Orro, a lawyer did not competently and diligently discharge his
duties to his clients when he failed to file a motion for reconsideration in their behalf
despite receiving from them the P7,000 he requested for that purpose and when he
further neglected to regularly update them on the status of their case, particularly on
the adverse result which caused them to lose whatever legal remedies where then
available. The Court found him guilty of violating Canon 17 and Rules 18.03 and
18.04 of the Code of Professional Responsibility and suspended him from the practice of
law for two years. (AC No. 10945, February 23, 2016)
In Santos v. Leaño, three Tarlac City sheriff s were dismissed from service for
failing to comply with what was “a purely ministerial duty” of implementing a writ
of demolition in an ejectment case. Aside from their irregular designation since they
acted only upon the referral of the court sheriff originally deputized to enforce the
writ case and without the consent of the Presiding Judge, they also committed several
infractions when they failed to itemize and liquidate the expenses for the demolition
and to issue an offi cial receipt upon receiving money from the complainant, which
amounted to dishonesty or extortion. The Court added that the respondent sheriffs’
refusal to comply with the orders of the OCA to comment on the complaint-affi davit
against them despite notice constituted disrespect not only to the OCA but also to the
Supreme Court. (AM No. P-16-3419, February 23, 2016)
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In Mahusay v. Gareza, the Court ordered the dismissal from service of a Victorias
City, Negros Occidental MTCC sheriff for dishonesty, gross neglect of duty, and simple
neglect of duty. It ruled that the sheriff’s failure in a small claims case to turn over the
partial payment of a judgment obligation he received from the debtor to the judgment
creditor or to the branch clerk was an act of misappropriation of funds amounting to
dishonesty. It further ruled that his failure to issue offi cial receipts for the amount he
received was violative of the General Auditing and Accounting Rules. (AM No. P-16-
3430, March 1, 2016)
In Miano v. Aguilar, the Court stressed that it is not unmindful of the circumstances
that may delay the speedy disposition of cases assigned to judges; hence, it allows
extensions of time within which pending cases may be disposed of, upon a seasonable
filing of a request therefor and sufficient justification. Thus, it found a Burgos, Pangasinan
RTC judge, who had failed to fi le any request for extension of time within which to
resolve several motions of inhibitions pending before her sala, guilty of undue delay
in issuing orders in several cases as well as undue delay in transmitting the records
of a case. (AM No. RTJ-15-2408, March 2, 2016)
In Gacuya v. Solbita, a lawyer who admitted to making an unauthorized notarization
of a deed of sale despite an expired notarial commission was permanently barred from
being commissioned as a notary public. He was likewise suspended from the practice
of law for two years. (AC No. 8840, March 8, 2016)
In Marsada v. Monteroso, the Court found a Cabadbaran, Agusan Del Norte RTC
sheriff guilty of simple misconduct after the latter made a judgment creditor accept
an amount less than that stated in a writ of execution as the full and entire satisfaction
of the obligation. He was fi ned P10,000. (AM No. P-10-2793, March 8, 2016)
In Sustento v. Liligan, a Tacloban City RTC judge who sought to justify his delay
in disposing of a petition for certiorari and its ensuing motion for reconsideration by
citing his “voluminous caseload” as well as being already “in the period of euphoria
for the Christmas holidays” when the said motion was submitt ed for resolution on
December 10, 2009, among others, was found guilty of gross inefficiency for his undue
delay in resolving the motion. He was fined P45,000. (AM No. RTJ-11-2275, March 8,
2016)
In In the Matt er of: Anonymous Complaint for Dishonesty, Grave Misconduct and
Perjury Committ ed by Judge Jaime E. Contreras (in his Capacity as the then 4 th Provincial
Prosecutor of Libmanan, Camarines Sur), a judge who failed to disclose in his Personal
Data Sheet (PDS) that a previous administrative case was filed against him when he
was still a 4th Assistant Provincial Prosecutor – wherein he was found guilty of simple
misconduct by the Office of the Ombudsman – was suspended from service for a year,
for dishonesty. The Court said that the judge should have known fully well the
consequences of making a false statement in his PDS. “Being a former public prosecutor
and a judge now, it is his duty to ensure that all laws of the land are followed to the
letter. His being a judge makes the act all the more unacceptable,” said the Court. (AM
No. RTJ-16-2452, March 9, 2016)
In Sanchez v. Aguilos, a lawyer who misrepresented his professional competence
and skill to a client regarding a case for annulment of marriage was fi ned P10,000.
“As the foregoing findings reveal, he did not know the distinction between the grounds
for legal separation and for annulment of marriage,” lamented the Court, adding that
such knowledge “would have been basic and expected of him as a lawyer accepting
a professional engagement for either causes of action.” The respondent lawyer was
also reprimanded by the Court for his use of improper language towards his fellow
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JUDICIARY ANNUAL REPORT 2015-2016
attorney. The Court found that in his answer to the complainant’s letter demanding
the return of the amount of P70,000 she had paid for his professional services, the
respondent lawyer stated that the demand letter written by his fellow lawyer should
be treated “as a mere scrap of paper or should have been addressed by her counsel
xxx to the urinal project of the MMDA where it may serve its rightful purpose.” He
was further ordered to return to the complainant the sum of P70,000 plus legal interests.
(AC No. 10543, March 16, 2016)
In Report on the Theft of Court Exhibit by Roberto R. Castro, etc ., a Utility Worker
I of the RTC of Valenzuela City who admitted to taking a 9 mm. caliber firearm, which
was an exhibit in a criminal case, from the former clerk of court of his branch and,
instead of placing it inside the exhibit room as instructed, placed it inside his bag was
dismissed from service for guilty of dishonesty and grave misconduct. The Court said
that it was immaterial that the utility worker did not bring the gun outside of the
Valenzuela City Hall of Justice; the theft of the fi rearm was already consummated
when he placed it inside his bag. (AM No. P-16-3436, April 5, 2016)
In Ramos v. Mandagan, the Court suspended for one year a lawyer who received
the amount of P300,000 from her client for the purpose of posting a bond to secure the
latter’s provisional liberty and then failed to return the said amount to the client when
the petition for bail was denied by the Sandiganbayan despite the client’s repeated
demands. (AC No. 11128, April 6, 2016)
In Chang v. Hidalgo, a lawyer who admitt edly withdrew from the cases he was
handling for his client but failed to provide any evidence to show that his client agreed
to or knew about such withdrawal was penalized with a one-year suspension from
the practice of law and ordered to return to his client the amount of P61,500 representing
his attorney’s fees, with interests. The Court held: “The offensive attitude of a client
is not an excuse to just disappear and withdraw from a case without notice to the
court and to the client, especially when att orney’s fees have already been paid.”
(AC No. 6934, April 6, 2016)
In Castro v. Mangrobang, the Court imposed a P10,000 fi ne on a former judge of
the Imus, Cavite RTC for undue delay in resolving pending matt ers in a civil case,
after it took him 10 months and nine months to resolve the Omnibus Motions and the
Motion to Admit Postmaster’s Certifi cation, respectively, in the said case. (AM No.
RTJ-16-2455, April 11, 2016)
In Cobalt Resources, Inc. v. Aguado, the Court disbarred a lawyer who was found
to have masterminded an alleged hijacking and carnapping of a delivery van belonging
to the complainant that was loaded with cellular phones worth P1.3 million. The
Court ruled that it was clear that the respondent lawyer committed the acts complained
of—from the planning stage up to its execution—as it was established that he was in
possession of a falsified ID showing him as a legal consultant of the Presidential Anti-
Smuggling Group (PASG) and a fake mission order identifying him as the Assistant
Team Leader of the anti-smuggling operations which was used to fl ag down and
hijack the van. (AC No. 10781, April 12, 2016)
In Nulada v. Paulma, a lawyer convicted for violation of BP 22, a crime involving
moral turpitude, was suspended from the practice of law for two years for violating
the Lawyer’s Oath as well as Rule 1.01, Canon 1 of the Code of Professional Responsibility.
(AC No. 8172, April 12, 2016)
In Re: Findings on the Judicial Audit Conducted at the 7 th MCTC, Liloan-Compostela,
Liloan, Cebu, the Court fined a judge P75,000 for gross ineffi ciency in the performance
of his duties after the judge failed to decide 99 cases submitted for decision and resolve
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JUDICIARY ANNUAL REPORT 2015-2016
91 cases with pending incidents in his sala within the prescribed reglementary period,
“with some of those cases/incidents taking more than 10 years to be decided or
resolved.” (AM No. 12-8-59-MCTC, April 12, 2016)
In Hermano v. Prado, Jr., the Court imposed a six-month suspension from the
practice of law on a lawyer who failed to discharge his duties as a counsel. The lawyer
failed to prepare and file a memorandum on his client’s behalf despite the RTC’s order
to do so, resulting in the loss of opportunity for his client to establish his claim of self-
defense and eventual conviction. He likewise failed to return to his client the amount
of P15,000 he required as his professional fees for the eventual appeal of the case,
which did not happen as the respondent, two days before the lapse of the period for
fi ling of appellant’s brief, was nowhere to be found. (AC No. 7447, April 18, 2016)
In PHILCOMSAT Holdings Corporation v. Lokin, Jr. and Labastilla, the Court imposed
a three-year suspension and one-year suspension from the practice of law, respectively,
on two lawyers who were found guilty of violating Canons 7 and 11 of the Code of
Professional Responsibility. The Court found that the two lawyers compromised the
integrity of the Judiciary “by maliciously imputing corrupt motives against the
Sandiganbayan” in making a checkbook entry in complainant’s financial records that
a check in the amount of P2,000,000 was issued and given to the Sandiganbayan to
secure a favorable temporary restraining order. (AC No. 11139, April 19, 2016)
In Re: Evaluation of Administrative Liability of Hon. Antonio C. Lubao, a retired
judge of the General Santos RTC was fined P65,000 for committing various offenses,
namely, gross misconduct for his repeated failure to comply with the OCA directives;
violation of SC Administrative Circular Nos. 4-2005 and 81-2012, and COA Circular
No. 81-2012; undue delay in rendering decisions or orders, having 60 cases decided
beyond the reglementary period, 47 cases which had not progressed as of audit date,
three unresolved cases with pending incidents, and seven cases not acted upon; and
undue delay in the submission of Monthly Reports of Cases from January to December
2014. (AM No. 15-09-314-RTC, April 19, 2016)
In Gubatanga v. Bodoy, a utility worker from the MTC of Balagtas Bulacan was
dismissed from service for dishonesty, after he withdrew P60,000 from the trial court’s
bank account without any authority. Emphasizing that it will not tolerate dishonesty,
the Court said that even minor employees mirror the image of the courts they serve;
thus, they are required to preserve the good name and standing of the Judiciary as a
true temple of justice. (AM No. P-16-3447, April 19, 2016)
In Tulio v. Buhangin, the Court imposed a six-month suspension on a lawyer who
represented confl icting interests, in violation of Rule 15.03, Canon 15 of the Code of
Professional Responsibility. The Court reiterated that the rule prohibiting confl ict of
interest is grounded in the fiduciary obligation of loyalty as throughout the course of
a lawyer-client relationship, the lawyer learns all the facts connected with the client’s
case, including its strengths and weaknesses. “It behooves lawyers not only to keep
inviolate the client’s confi dence, but also to avoid the appearance of treachery and
double-dealing, for only then can litigants be encouraged to entrust their secrets to
their lawyers,” said the Court. (AC No. 7110, April 20, 2016)
In Tabao v. Cabcabin, a sheriff who entertained the voluntary surrender of an
accused in a criminal case for purposes of posting cash bail bond was found guilty of
simple misconduct and was fined P5,000. The Court held that such act was beyond
the scope of his assigned job description, and was hardly identical with or was subsumed
under his present duties and functions, as defi ned in the 2002 Revised Manual for
Clerks of Court. (AM No, P-16-3437, April 20, 2016)
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In OCA v. Casalan, the Court ordered a judge of the RTC of Culasi, Antique to pay
a fi ne in the amount equivalent to his salary for three months after he was found
guilty of undue delay in rendering decision or order, and of violation of SC rules and
directives. The Court underscored that “the honor and integrity of the judicial system
is measured not only by the fairness and correctness of decisions rendered, but also
by the efficiency with which disputes are resolved.” Thus, the Court said, judges must
perform their official duties with utmost diligence if public confidence in the judiciary
is to be preserved. “There is no excuse for mediocrity in the performance of judicial
functions. The position of judge exacts nothing less than faithful observance of the
law and the Constitution in the discharge of offi cial duties,” it added. (AM No. RTJ-
14-2385, April 20, 2016)
In Malangas v. Zaide, the Court imposed a two-year suspension for violation of
Rules 16.01 and 16.03 of the Code of Professional Responsibility on a lawyer who refused
to account for the funds given to him by his client in a complaint for damages,
especially the amount his client paid in excess of what was required as docket fees.
The Court also found that the respondent lawyer unduly delayed the case as the trial
court had to postpone the hearings thereon because of his repeated failure to appear
at the hearings. Said the Court: “Given the gravity of the off enses imputed against
him, and considering that this is his second administrative case, respondent lawyer’s
defense that he was a young lawyer when he went astray hardly merits sympathy
from this Court.” (AC No. 10675, May 31, 2016)
RULE-MAKING
The Constitution vests the Supreme Court with the power to “promulgate
rules concerning the protection and enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to the practice of law, the
Integrated Bar, and legal assistance to the underprivileged.” (Art. VIII, sec.
5[5]) Under this same provision, “(r )ules of procedure of special courts and
quasi-judicial bodies shall remain effective unless disapproved by the Supreme
Court.” Here are some of the rules and actions taken by the Court under its
rule-making power within the period covered by the JAR.
AM No. 15-04-03-SC, Re: Letters of Justice Jose C. Vitug [Ret], Founding Dean,
Angeles University Foundation [AUF] School of Law, dated February 7, 2015, and of
JudgeAveA. Zurbito-Alba, Municipal Trial Court, Daraga,Albay, dated January 29,
2015, June 16, 2015. | The Court allowed students to undergo on-the-job training
(OJT)/practicum in the lower courts and authorized the Office of the Court Administrator
to act on applications and requests of students and learning institutions for students
to undergo OJT and internship in the lower courts and directed it to promulgate
guidelines for such applications with special emphasis to ensure that the rules on
ethics, security, and confidentiality of records are complied with.
AM No. 03-03-03-SC, Amendment ofAM No. 03-03-03-SC dated June 17, 2003,
for the Expansion of the Coverage of Cases Cognizable by the Special Commercial
Courts to IncludeAll Cases on Insolvency and Liquidation Under the FRIA, June 16,
2015. | AM No. 03-03-03-SC, AmendmentofAMNo.03-03-03-SCdatedJune17,2003
for the Expansion of the Coverage of Cases Cognizable by the Special Commercial
CourtstoIncludeAllCasesonInsolvencyandLiquidationUndertheFRIA, November
16, 2015. The Court amended its earlier Rules on June 16, 2015 and directed that (1)
cases governed by the Financial Rehabilitation and Insolvency Act of 2010 (FRIA) for (a)
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the rehabilitation of sole proprietorships, (b) the insolvency and liquidation cases of
corporations, partnerships, and other associations, and (c) insolvency and suspension
of payments/discharge of individuals, and (2) those liquidation cases emanating from
administrative proceedings shall be heard and decided by the designated Special
Commercial Courts. On November 16, 2015, it further amended the Rules to provide
that “(w)hen there is no Special Commercial Court designated to hear and decide a
case fi led within a specifi c territory in accordance with the existing rules on venue,
the case may fi led in the nearest designated Special Commercial Court within the
judicial region of said territory.”
AM Circular No. 83-2015, Protocols and Procedures in the Promulgation,
Publication, and Posting on the Websites of Decisions, Final Resolutions, and Final
Orders Using Fictitious Names, July 27, 2015. | The Court reiterated and supplemented
its Guidelines in AM No. 12-7-15-SC (Re: Recommendation of Atty. Maria Victoria Gleoresty
Sp. Guerra, Director IV and Acting Chief, Public Information Offi ce, to Remove or Modify
the Decisions Posted on the SC Website Involving Cases of Violence Against Women and
Their Children) by further detailing the procedures in the promulgation, publication,
and posting of decisions, resolutions, and final and interlocutory orders in the cases
covered by this Protocol, i.e., “in cases where the confidentiality of the identities of the
parties, records, and court proceedings is mandated by law and/or by the rules.” The
Guidelines are aimed at protecting the privacy and dignity of victims, including their
relatives, in cases where the confidentiality of court proceedings and the identities of
parties is mandated by law.
AM No. 15-06-10-SC, Re:AdoptingtheGuidelinesforContinuousTrialofCriminal
Cases in Pilot Courts, June 30, 2015. | A key element of judicial reform being the
elimination of delay in court processes, the Court approved the Proposed Guidelines for
Continuous Trial of Criminal Cases in Pilot Courts which took effect on August 17, 2015.
The Guidelines, among others, state that during an arraignment, if the accused pleads
guilty to the crime charged in the Information, judgment shall immediately be rendered,
except in those cases involving capital offenses and that the court shall announce in
open court the date of the promulgation of its decision which should be within the
period provided under the Regular/Special Rules.
AM No. 15-08-02-SC, Guidelines for the Proper Use of the Phrase “Without
Eligibility for Parole” in Indivisible Penalties, August 4, 2015. | The Court set the
following guidelines to be observed in the imposition of penalties and in the use of the
phrase “without eligibility for parole”: –(1) in cases where the death penalty is not
warranted, there is no need to use the phrase “without elibility for parole” to qualify
the penalty of reclusion perpetua; it is understood that convicted persons penalized
with an indivisible penalty are not eligible for parole; and (2) when circumstances are
present warranting the imposition of the death penalty, but this penalty is not imposed
because of RA 9346 (Act Prohibiting Imposition of Death Penalty in the Philippines ), the
qualification of “without eligibility for parole” shall be used to qualify reclusion perpetua
in order to emphasize that the accused should have been sentenced to suffer the death
penalty had it not been for RA 9346.
BM No. 1645, Re: Amendment of Rule 139-B (Disbarment and Discipline of
Attorneys), October 13, 2015. | The Court approved ammendments to Rule 139-B of
the Rules of Court, specifi cally to sections 1 (How Instituted) 5 (Service or Dismissal),
12 (Review and Recommendation by the Board of Governors), 13 (Investigation of Complaints),
and 15 (Suspension of Attorney by the Supreme Court) thereof. The amendments are to
take effect fifteen (15) days after publication in a newspaper of general circulation.
The Court directed the Integrated Bar of the Philippines to revise its rules of procedure
in accordance with the amendments to Rule 139-B.
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JUDICIARY ANNUAL REPORT 2015-2016
should have a CSC approved SPMS, wherein all performance-based human resources
movements, and/or developments/interventions such as promotion, scholarship, training,
rewards and incentives shall be based.
AM No. 15-10-02-SC, In re Clarification on How Congress, as an Institution,
ShouldObtainthe“AdviceandConcurrence”oftheSupremeCourtInCaseItDecides
to Pass a Bill Increasing the High Court’s Appellate Jurisdiction, March 15, 2016. |
The Court was constrained to deem the request for “advice” as no longer relevant in
view of the passage of the subject bills in the lower house. Resultantly, what the Court
can only issue at this point are the guidelines for future bills of the same import and
its position towards the proposed increase of its jurisdiction under the subject bills.
Hence, the Court withheld its concurrence from the proposed increase of its jurisdiction
as embodied in the subject bills, pursuant to the constitutional grant under Article VI,
Section 30 of the Constitution. The Committee on Labor, Employment, and Human
Resources Development of the Senate of the Philippines sought the clarification on the
actual implementation of Sec. 30, Art. VI relative to the then pending Senate Bill No.
1968, Senate Bill No. 1843, and House Bill No. 5602 that intend to amend Articles 223
and 224 of the Labor Code of the Philippines by providing that decisions, resolutions or
awards by the National Labor Relations Commission be directly reviewable by the
Court. Article VI, Sec. 30 of the Constitution provides that “[n]o law shall be passed
increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution
without its advice and concurrence.”
The 2015 Bar examiners were Hon. Amparo Cabotaje-Tang, Presiding Justice,
Sandiganbayan (Political Law and Public International Law); Atty. Theodore O. Te,
Assistant Court Administrator and Chief, Supreme Court Public Information Offi ce
(Labor Law and Social Legislation); Atty. Rita Linda V. Jimeno, Partner, Jimeno and
Cope Law Firm (Civil Law); Hon. Amelia R. Cotangco-Manalastas, Associate Justice,
Court of Tax Appeals (Taxation); Atty. Rafael A. Morales, Managing Partner, Sycip
Salazar Hernandez and Gatmaitan Law Firm (Mercantile Law); Hon. Efren N. Dela
Cruz, Associate Justice, Sandiganbayan (Criminal Law); Hon. Alexander G. Gesmundo,
Associate Justice, Sandiganbayan (Remedial Law); Hon. Maria Theresa Mendoza-
Arcega, Associate Justice, Sandiganbayan (Ethics and Practical Exercises).
Due to the scope and diffi culty, the Bar Examinations are regarded as the most
prestigious professional licensure exam in the country. It is also the only licensure
examination not administered by the Professional Regulations Commission (PRC).
Statutory History
The Court of Appeals was created on February 1, 1936 by virtue of Commonwealth
Act No. 3 promulgated on December 31, 1935, and was then composed of 11 judges.
Its mission may be described in the following action points: (1) To enhance the public
trust by disposing of cases justly, speedily, and impartially. (2) To employ computerized
and automated innovations and re-engineer administrative and operational systems;
(3) To uplift the professional and moral standards of Court offi cials and employees;
(4) To provide magistrates an environment conducive to the faithful discharge of their
judicial tasks; (5) To uphold the Rule of Law by fairly and fearlessly defending the
Constitution and the rights of the people.
When Commonwealth Act No. 259 was enacted on April 7, 1938, the appellate
judges were named justices and the composition of the Court of Appeals was increased
to 15 justices. Executive Order No. 4, issued on February 5, 1942, again increased the
number of justices to 17. In the latt er part of 1944, it was regionalized into fi ve
Districts – Court of Appeals (CA) for Northern, Central and Southern Luzon; for
Manila; and for Visayas and Mindanao. During the Japanese Occupation in 1945, the
CA was abolished in 1945 when President Sergio Osmeña Sr. issued EO 37.
After the Japanese Occupation and with the passage of RA 52 on October 4,
1946, the CA was recreated consisting of a presiding justice and 14 associate justices.
The composition of the CA was increased to 18 by RA 1605; then to 24 justices by RA
5204 on June 16, 1968. The number of CA justices was increased again to 36 in 1973
and to 45 in 1978.
In 1983, there was a thorough judicial reorganization under Batas Pambansa Blg.
129. EO 864 was issued wherein the Court of Appeals was renamed Intermediate
Appellate Court (IAC) and its membership enlarged to 50 associate justices with a
presiding justice. However, only 37 justices were appointed during this period.
With the change of government in 1986, President Corazon C. Aquino issued EO
33 on July 28, 1986, reverting the name back to “Court of Appeals” composed of a
presiding justice and 50 associate justices. On February 23, 1995, RA 7902 was passed
expanding the jurisdiction of the Court eff ective March 18, 1995.
On December 30, 1996, RA 8246 created six more divisions in the Court, thereby
increasing its membership from 51 to 69 justices. The number of divisions was increased
from 17 to 23 and its membership from 51 to 69. Under the law, the first 17 divisions
are to be stationed in Manila for cases coming from the 1st to the 5th Judicial Regions,
the 18th to 20th divisions were to be stationed in Cebu City for cases from the 6th to
8th Judicial Regions, and the 21st to 23rd divisions in Cagayan de Oro City for cases
from the 9th to 12th Judicial Regions. However, this law was fully implemented only
in 2004, with the appointment of 18 new justices for the Visayas and Mindanao
stations and the opening of the CA in Cebu and Cagayan de Oro.
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16, 1998), and those of the Department of Justice and other agencies exercising quasi-
judicial functions, including the Office of the President. The decisions and resolutions
of the National Labor Relations Commission are now initially reviewable by the Court
of Appeals, instead of a direct recourse to the Supreme Court, via petition for certiorari
under Rule 65 (St. Martin Funeral Home v. NLRC, GR No. 130688, September 16, 1998).
On July 7, 2004, the Supreme Court, in People v. Mateo (GR No. 147678-87, July
7, 2004) allowed the Court of Appeals to conduct an intermediate review before the
case is elevated to it (the Supreme Court) in criminal cases where the penalty imposed
is reclusion perpetua, life imprisonment, or death.
On December 15, 2005, the Supreme Court issued AM No. 05-11-04-SC promulgating
the rules of procedure in anti-money laundering cases under RA 9160 as amended,
wherein the CA was granted jurisdiction over petitions for freeze orders on any
monetary instrument, property or proceeds involving an unlawful activity under said
RA.
On October 24, 2007, the CA was also granted jurisdiction over petitions for
Writs of Amparo, pursuant to AM No. 07-9-12-SC. Likewise, eff ective February 2,
2008, the CA was granted jurisdiction over petitions for Writs of Habeas Data, pursuant
to AM No. 08-1-16-SC.
THE SANDIGANBAYAN
The Sandiganbayan was created 38 years ago on June 11, 1978.
Its Vision is to be “a judicial institution that the Filipino people can rely on for the
att ainment of the highest norms of offi cial conduct required of public offi cers and
employees.” Its Mission is “to give life and meaning to the constitutional precept that
a public office is a public trust and to impress upon public officers and employees that
they are at all times accountable to the people with their duty to serve with the highest
degree of responsibility, integrity, loyalty and effi ciency.
The Sandiganbayan carries out this objective by conducting expeditious trials of
criminal and civil cases involving offenses committed by public officers and employees,
including those employed in government-owned or controlled corporations.”
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Statutory History
The creation of the Sandiganbayan was originally provided for by the 1973
Constitution. In Article XIII, section 5, the 1973 Constitution directed that “(t)he
National Assembly shall create a special court, to be known as Sandiganbayan, which
shall have jurisdiction over criminal and civil cases involving graft and corrupt practices
and such other offenses committed by public offi cers and employees, including those
in government-owned or controlled corporations, in relation to their offi ce as may be
determined by law.” Former President Ferdinand E. Marcos, exercising his legislative
power under Amendment No. 6 of the 1976 Amendments to the 1973 Constitution,
issued on June 11, 1978 Presidential Decree No. 1486 creating the Sandiganbayan and
placed it on the same level as Courts of First Instance, now called the Regional Trial
Courts. Later, the status of the Sandiganbayan was elevated to the level of the Court
of Appeals by virtue of PD 1606. At the start of its operation in 1979, the Sandiganbayan
initially had only one Division. A Second Division was activated in 1981, while the
Third Division was added the following year to complete the full membership of the
Court under PD 1606.
The Sandiganbayan is a special court, of the same level as the Court of Appeals
and Court of Tax Appeals, and possesses all the inherent powers of a court of justice.
Article IX, Section 4 of the 1987 Constitution mandates that “the Sandiganbayan shall
continue to function and exercise its jurisdiction as now or hereafter may be provided
by law.”
(d) Philippine army and air force colonels, naval captains, and all offi cers of
higher rank;
(e) Officers of the Philippine National Police while occupying the position of
provincial director and those holding the rank of senior superintendent and higher;
(f) City and provincial prosecutors and their assistants, and offi cials and
prosecutors in the Offi ce of the Ombudsman and special prosecutor;
(g) President, directors or trustees, or managers of government- owned or -
controlled corporations, state universities or educational institutions or foundations;
(2) Members of Congress and offi cials thereof classified as Grade ‘27’ and up
under the Compensation and Position Classification Act of 1989 ;
(3) Members of the judiciary without prejudice to the provisions of the
Constitution;
(4) Chairpersons and members of Constitutional Commissions, without prejudice
to the provisions of the Constitution; and
(5) All other national and local offi cials classifi ed as Grade ‘27’ and higher
under the Compensation and Position Classification Act of 1989 .
b. Other crimes committed by the public offi cials and employees mentioned in
subsection a. of this section in relation to their offi ce.
c. Civil and criminal cases fi led pursuant to and in connection with Executive
Order Nos. 1, 2, 14 and 14-A, issued in 1986.
The Sandiganbayan shall exercise exclusive appellate jurisdiction over fi nal
judgments, resolutions or orders or regional trial courts whether in the exercise of
their own original jurisdiction or of their appellate jurisdiction as herein provided.
The Sandiganbayan shall have exclusive original jurisdiction over petitions for
the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions,
and other ancillary writs and processes in aid of its appellate jurisdiction and over
petitions of similar nature, including quo warranto, arising or that may arise in cases
fi led or which may be fi led under Executive Order Nos. 1, 2, 14 and 14-A, issued in
1986: Provided, That the jurisdiction over these petitions shall not be exclusive of the
Supreme Court.
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JUDICIARY ANNUAL REPORT 2015-2016
year’s record representing a 17.52% decrease of the total number of persons accused
before the Court. The table below shows the manner of disposal involving the 331
persons accused before the Court in 2015.
At the beginning of the year 2016, there are 3,206 cases pending in the Sandiganbayan
court docket. Out of this number, 254 cases were filed, 46 were revived totaling 3,506
workload from January to April 2016. Also, 109 cases were disposed and 3,397 are
pending as of this date.
Of the 254 cases fi led in January to April 2016, 85 cases or 33.5% involved
violations of Republic Acts primarily Anti-Graft and Corrupt Practices Act. Other
cases involved malversation cases with 23 cases filed or 9.1% of the total cases filed,
while 72 45 cases or 17.71% for others including Violation of Presidential Decrees and
the remaining 28.34% consisted of various other offenses.
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Revenue Code provides a specific period of action, in which case the inaction shall be
deemed a denial;
3. Decisions, orders or resolutions of the Regional Trial Courts in local tax cases
originally decided or resolved by them in the exercise of their original or appellate
jurisdiction;
4. Decisions of the Commissioner of Customs in cases involving liability for customs
duties, fees or other money charges, seizure, detention or release of property affected,
fines, forfeitures or other penalties in relation thereto, or other matters arising under
the Customs Law or other laws administered by the Bureau of Customs;
5. Decisions of the Central Board of Assessment Appeals in the exercise of its
appellate jurisdiction over cases involving the assessment and taxation of real property
originally decided by the provincial or city board of assessment appeals;
6. Decisions of the Secretary of Finance on customs cases elevated to him
automatically for review from decisions of the Commissioner of Customs which are
adverse to the Government under Section 2315 of the Tariff and Customs Code;
7. Decisions of the Secretary of Trade and Industry, in the case of non-agricultural
product, commodity or article, and the Secretary of Agriculture in the case of agricultural
product, commodity or article, involving dumping and countervailing duties under
Section 301 and 302, respectively, of the Tariff and Customs Code, and safeguard measures
under RA 8800, where either party may appeal the decision to impose or not to
impose said duties.
B. Jurisdiction over cases involving criminal offenses as herein provided:
1. Exclusive original jurisdiction over all criminal offenses arising from violations
of the National Internal Revenue Code or Tariff and Customs Code and other laws
administered by the Bureau of Internal Revenue or the Bureau of Customs: Provided,
however, That offenses or felonies mentioned in this paragraph where the principal
amount of taxes and fees, exclusive of charges and penalties, claimed is less than
P1,000,000.00 or where there is no specifi ed amount claimed shall be tried by the
regular Courts and the jurisdiction of the CTA shall be appellate. Any provision of
law or the Rules of Court to the contrary notwithstanding, the criminal action and the
corresponding civil action for the recovery of civil liability for taxes and penalties shall
at all times be simultaneously instituted with, and jointly determined in the same
proceeding by the CTA, the filing of the criminal action being deemed to necessarily
carry with it the filing of the civil action, and no right to reserve the filing of such civil
action separately from the criminal action will be recognized.
2. Exclusive appellate jurisdiction in criminal offenses:
a. Over appeals from the judgments, resolutions or orders of the Regional Trial
Courts in tax cases originally decided by them, in their respected territorial jurisdiction.
b. Over petitions for review of the judgments, resolutions or orders of the Regional
Trial Courts in the exercise of their appellate jurisdiction over tax cases originally
decided by the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit
Trial Courts in their respective jurisdiction.
c. Jurisdiction over tax collection cases as herein provided:
1) Exclusive original jurisdiction in tax collection cases involving fi nal and
executory assessments for taxes, fees, charges and penalties: Provided, however,
that collection cases where the principal amount of taxes and fees, exclusive of
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JUDICIARY ANNUAL REPORT 2015-2016
charges and penalties, claimed is less than P1,000,000.00 shall be tried by the proper
Municipal Trial Court, Metropolitan Trial Court and Regional Trial Court.
2) Exclusive appellate jurisdiction in tax collection cases:
a) Over appeals from the judgments, resolutions or orders of the Regional
Trial Courts in tax collection cases originally decided by them, in their respective
territorial jurisdiction.
b) Over petitions for review of the judgments, resolutions or orders of the
Regional Trial Courts in the exercise of their appellate jurisdiction over tax collection
cases originally decided by the Metropolitan Trial Courts, Municipal Trial Courts
and Municipal Circuit Trial Courts, in their respective jurisdiction.
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Statutory History
PD 1083, the Code of Muslim Personal Laws of the Philippines , was signed into law
on February 4, 1977 creating the Shari’a Courts. Article 137 of said Code provides:
“There are hereby created, as part of the judicial system, courts of limited jurisdiction
to be known respectively as Shari’a District Courts and Shari’a Circuit Courts, which
shall exercise power and functions in accordance with this title.”
RA 6734 (An Act Providing for an Organic Act for the Autonomous Region in Muslim
Mindanao), signed into law in 1989, not only recognized and secured the continued
existence of the Shari’a District and Shari’a Circuit Courts but also created the Shari’a
Appellate Court. The Shari’a Appellate Court, “together with the other Shari’a trial
courts, shall have jurisdiction over cases involving persons, family and property relations
of Muslims in the Philippines.”
15 in the Province of Maguindanao, North Cotabato and Sultan Kudarat and the City
of Cotabato.
The Shari’a Circuit judges must be at least 25 years old and must have passed the
examination in Shari’a and Islamic jurisprudence (fiqh) given by the Supreme Court.
The Shari’a Circuit Courts shall have exclusive original jurisdiction over all cases
involving offenses defined and punished under the Code of Muslim Personal Laws of the
Philippines. Likewise, the SCC shall have jurisdiction over all civil actions and proceedings
between parties who are Muslims or have been married in accordance with Article 13
involving disputes relating to (a) marriage; (b) divorce recognized under the Code; (c)
betrothal or breach of contract to marry; (d) customary dower ( mahr); (e) disposition
and distribution of property upon divorce; (f) maintenance and support, and consolatory
gifts, (mut’a); and (g) restitution of marital rights. All cases involving disputes relative
to communal properties also fall within their jurisdiction. There is a Shari’a District
Court for each of the five special judicial districts: (a) the First Shari’a District shall
comprise the Province of Sulu; (b) the Second Shari’a District, the Province of Tawi-
Tawi; (c) the Third Shari’a District, the Province of Basilan, Zamboanga del Norte and
Zamboanga del Sur, and the Cities of Dipolog, Pagadian and Zamboanga; (d) the
Fourth Shari’a District, the provinces of Lanao del Norte and Lanao del Sur, and the
Cities of Iligan and Marawi; and (e) the Fifth Shari’a District, the Provinces of
Maguindanao, North Cotabato, and Sultan Kudarat, and the City of Cotabato.
The Shari’a District judges appointed by the President of the Philippines must not
only have same qualifications for judges of the second-level courts but must also be
learned in Islamic law and jurisprudence.
The Shari’a District Courts have exclusive original jurisdiction over
a) all cases involving custody, guardianship, legitimacy, paternity and filiation
arising under the Code of Muslims Personal Laws of the Philippines;
b) petitions for the declaration of absence and death and for the cancellation or
correction of entries in the Muslim Registries mentioned in Title VI of Book
Two of this Code;
c) all actions arising from customary contracts in which the parties are Muslims,
if they have not specifi ed which law shall govern their relations; and
d) all petitions for mandamus, prohibition, injunction, certiorari, habeas corpus,
and all other auxiliary writs and processes in aid of its appellate jurisdiction.
The Shari’a District Courts have original jurisdiction over:
(a) petitions by Muslims for the constitution of a family home, change of name
and commitment of an insane person to an asylum;
(b) all other personal and real actions not mentioned in paragraph (d) above
wherein the parties involved are Muslims except those for forcible entry and
unlawful detainer, which shall fall under the exclusive original jurisdiction of
the Municipal Circuit Trial Court; and
(c) all special civil actions for interpleader or declaratory relief wherein the parties
are Muslims or the property involved belongs exclusively to Muslims.
The Shari’a District Courts have appellate jurisdiction over all cases tried in the
Shari’a Circuit Courts within their territorial jurisdiction. Their decisions whether on
appeal from the Shari’a Circuit Court or not shall be final. Like the Shari’a Circuit and
District Courts, the Shari’a Appellate Court shall have jurisdiction over cases involving
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JUDICIARY ANNUAL REPORT 2015-2016
persons, family, and relations. It shall have the following powers: (1) Exercise original
jurisdiction over petitions for certiorari, prohibition, mandamus, habeas corpus, and
other auxiliary writs and processes in aid of its appellate jurisdiction; and (2) Exercise
exclusive appellate jurisdiction over all cases tried in the Shari’a District Courts as
established by law. The decisions of the Shari’a Appellate Court shall be fi nal and
executory: Provided, however, That nothing herein contained shall affect the original
and appellate jurisdiction of the Supreme Court as provided in the Constitution.
JUDICIAL REFORMS
Concrete reform programs in the Philippine judicial system started in the 1990s.
At least 40 technical studies on court administration were capsulized in documents,
such as the Technical Assistance of the Philippine Judiciary on Justice and Development
(1996-1999), Blueprint of Action for the Judiciary (1999) , Action Program for Judicial
Reform (2001-2010), and Judicial Reform Support Project (2001-2012).
These actions are subsumed what is now being developed as The Judiciary and
Legal Profession Development Plan (JLPDP), the reform programs continue to evolve,
taking their cue from changes in our environment, culture, and learnings from ongoing
court initiatives. The JLPDP is the judiciary’s roadmap that points out major ongoing
or future programs, projects and activities. It is a link to the then, the now, and the
what-is-to-be by providing continuity on the accomplishments spearheaded by current
and previous Chief Justices and Associate Justices of the Supreme Court.
The following are selected highlights of the reform programs carried out or continued
by the Court in 2015 to 2016:
Hustisyeah! 1 This one-time case decongestion program launched in 2013 has
so far recorded a 30% reduction rate of caseload for Quezon
City, where it was piloted. Data from the Offi ce of the Court
Administrator as of February 2016 shows that the pending cases
in 119 courts were reduced by 17.21%, or from 95,025 to 78,670.
Participating courts include those in Makati City, Angeles City,
Davao City, Manila, Pasig City, San Juan City, and Taguig.
Since its inception in 2013, the Hustisyeah! case decongestion
program of the Supreme Court has signifi cantly reduced the
dockets of the 175 heavily congested courts participating in the
program. Hustisyeah involves an inventory of court dockets,
formulation of case decongestion plans, and implementation of
these plans.
Quezon City The Quezon City Practice Guidelines features limitations to the
Practice Guidelines length of pleadings, kind of motions and number of
in Litigation postponements; strict timeframes; and mandates judicial affidavits
in lie u of oral ope n c ourt t es t imony w it h right of c ros s-
examination. The guidelines also authorize the use of private
couriers to serve court processes.
The QCPG has significantly reduced the period of case disposal
from 12 years to seven years in the Regional Trial Courts (RTC)
and 21 to only seven years in the Metropolitan Trial Courts
(MeTC). Also, the average number of days to try a case has
been reduced to 194 days from the previous 524 for civil cases;
1 A coined term that is meant to be read as “Hustis-ya”, with the “e” sound glossed over.
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JUDICIARY ANNUAL REPORT 2015-2016
252 from 734 days for criminal cases; 193 from 863 days for
family cases; and 358 from 1,596 days for drugs cases. For
cases pending in MeTCs, the average has been reduced to 141
from 365 days for civil cases; 171 from 421 days for criminal
c ases; 224 from 1, 913 days for civil as pec ts arising f rom
commercial cases, and 104 from 634 days for criminal aspects
arising from the same. The project is currently being assessed
for potential roll-out to other court stations and possible
consolidation with the Continuous Trial for Criminal Cases.
Continuous Trial for This project is currently rolled out in 52 pilot RTCs and six pilot
Criminal Cases MeTCs in Manila, Quezon City, and Makati. Under this system,
courts handling criminal cases will try cases ( e.g. bouncing
checks, cases involving minors, drugs, estafa, illegal recruitment,
and select commercial cases) continuously until resolved.
Assisting Courts To address the disproportionate allocation of courts in various
parts of the country, assisting courts were formed, in which
these less congested courts from nearby jurisdictions are tasked
to help overburdened courts deal with the latt er’s heavier
caseloads. The assisting courts program is currently being
implemented in the following areas: 20 Metropolitan Trial Courts
(MeTCs) in Manila to assist seven MeTCs in Makati and 20
MeTCs in Quezon City; 12 Regional Trial Courts (RTCs) in
Cebu City to assist three RTCs in Mandaue City and three
RTCs in Lapu-Lapu City; and one Municipal Circuit Trial Court
(MCTC) in Compostela-Cordova to assist one Municipal Trial
Court in Cities (MTCC) in Lapu-Lapu City.
As of December 2015, a total of 2,706 criminal cases and 3,084
civil cases have been transmitted by the Quezon City and Makati
City assisted courts to the Manila assisting courts. Of the 3,084
civil cases transferred, 1,172 cases, or 38%, have been disposed
of, while 1,523 of the 2,706 criminal cases, or 56.28%, transferred
were likewise disposed of. A total of 2,695 criminal and civil
cases, or 46.54%, were disposed of by the Manila assisting courts.
In Cebu, a total of 2,957 cases have been transmitted since the
start of the assisting court pilot in 2015. Of the total, 63 came
from Mandaue Municipal Trial Courts in Cities; 1,281 from
Lapu-Lapu; and 1,613 from Mandaue RTCs. There was no data
on the disposal of the cases transmitted to the assisting courts.
Pilot of Rules 22 and Rolled out on August 1, 2015, this project is currently being
24 in the Ru le s o n implemented in 54 pilot courts since August 17, 2015.
Civil Procedure
A total of 140 cases were tried under Rules 22 and 24 of the
Draft Revised Rules of Civil Procedure during its launch. Of these,
19 have been set for case management conference and four
have been set for trial. In Iloilo, two cases have been dismissed
and one case has been archived. None of the cases has yet been
decided based on the merits. However, in Iloilo, a case is nearing
a decision following the conclusion of the parties’ presentation
of evidence and the sett ing of a date for oral arguments.
Participants to the project are courts in Quezon City, Makati
City, Angeles City, Cebu City, Iloilo City, Davao City.
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JUDICIARY ANNUAL REPORT 2015-2016
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JUDICIARY ANNUAL REPORT 2015-2016
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JUDICIARY ANNUAL REPORT 2015-2016
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JUDICIARY ANNUAL REPORT 2015-2016
FINANCIAL REPORT
On December 23, 2014, President Benigno S. Aquino III signed into law the 2015
General Appropriations Act, providing for the national budget, amounting to P2.606
Trillion. The 2015 budget was 15.1 percent higher than the previous year’s budget of
P2.265 Trillion.
The judiciary was allotted a total of P20.260 Billion or 0.78 percent of the national
budget. This was a nine percent (9%) increase from the approved P18.559 Billion
budget of the previous year.
Of the P20.260 Billion allocated to the judiciary by the 2015 General Appropriations
Act, P18.093 Billion went to the Supreme Court and Lower Courts, and P88.058
Billion went to Presidential Electoral Tribunal. The Court of Appeals received an
allotment of P1.434 Billion, the Sandiganbayan P400.476 Million, and the Court of
Tax Appeals P244.671 Million.
Approved 2015 Budget for the Judiciary (2015 General Appropriations Act)
The judiciary budget was utilized to implement and support the ongoing reforms
being undertaken by the judiciary in decongesting its court dockets and modernizing
and automating its processes. The judiciary’s docket decongestion program included
the Enhanced Justice on Wheels, Small Claims Court and Small Claims Monitoring System,
HUSTISYEAH Program and Continuous Trials for Criminal Cases, among others. In
2015, the national government allott ed P890.36 Million for the judiciary’s fi ve-year
Information and Communications Technology master plan called the Enterprise
Information Systems Plan (EISP) as part of the judiciary’s modernization program. The
GAA support to the modernization program included the eCourts roll-out (which was
previously development-partner funded), automated hearings, the IT Infrastructure
program and connectivity program for trial courts, and the transfer of the Supreme
Court to Fort Bonifacio, among others.
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JUDICIARY ANNUAL REPORT 2015-2016
INTERNATIONAL LINKAGES
The year 2015 up to the fi rst quarter of 2016 was a busy period for the Chief
Justice and the Associate Justices in terms of international linkages and networking.
On top of their adjudicative work (and, for the Chief Justice, her administrative
functions), some Members of the Court took time out to participate in conferences and
meetings overseas, deliver lectures and present papers. These linkages have served not
only to strengthen ties with Southeast East Asian and other international organizations
but also to bolster the Court’s image as an important element in maintaining the rule
of law in the region.
2015:
JANUARY The Philippine Judiciary hosted the Third ASEAN Chief Justices
TO Meeting (3rd ACJM) at Boracay Island from March 1-3. Led by
MARCH Chief Justice Maria Lourdes P.A. Sereno, the Court En Banc
gathered at the Shangri-La Boracay to host the Chief Justices
and Senior Magistrates of the ten (10) Association of Southeast
Asian (ASEAN) Member States. The successful three-day
gathering led to the unprecedented signing of the Boracay Accord
of 2015 which, among others, (a) reaffirmed mutual commitment
to strengthen international partnerships and regional solidarity
among the judiciaries of the ASEAN member states; and (b)
agreed to take initial steps towards the creation of working
groups focusing on training needs and capacity building, the
creation of ASEAN Judiciary Portal, case management, court
technology, child cross-border disputes, and civil processes. It
was also an opportunity for the Members of the Court to renew
ties with Chief Justices and Senior Magistrates of the ASEAN
Judiciaries.
On March 17, Chief Justice Sereno att ended the Meeting of
Experts in Singapore, upon the invitation of the International
Bar Association (IBA), through its President, David W. Rivkin.
The meeting was held to develop ideas for the IBA Judicial Integrity
Initiative, which is aimed at combating judicial corruption
worldwide. It was hosted by Chief Justice Sundaresh Menon of
the Supreme Court of Singapore.
APRIL TO JUNE From April 13–15, Associate Justice Teresita J. Leonardo-de
Castro was in Canada for the Joint Conference of the Canadian
Chapter of the International Association of Women Judges (IAWJ)
a nd t he N at i o nal J udi c ia l Ins ti t ut e o f Ca na da i n S t . J o hn’ s
Newfoundland. The theme of the conference was “Judging as
Canada Changes; Balancing Rights.”
On May 6–8, Associate Justices Mariano C. Del Castillo and
Estela M. Perlas-Bernabe represented the Philippine judiciary
at the 5th International Conference on Enforcing Contracts of Thailand
and Sri Lanka in Seoul, South Korea.
On May 12–15, Associate Justices Mariano C. Del Castillo and
Jose Portugal Perez represented the Philippine judiciary in two
significant events held in Hong Kong: the high-level colloquium
on the United Nations Convention on the Recognition and Enforcement
of Foreign Arbitral Awards (the New York Convention), and the
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JUDICIARY ANNUAL REPORT 2015-2016
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JUDICIARY ANNUAL REPORT 2015-2016
Number/Percentage of male and female Nominees for the Judiciary (January 2014-April
2015)
Total 57 78 74 152
51.32% 48.68%
Number/Percentage of male and female Appointees for the Judiciary (January 2014-
April 2015)
2014
Appellate Courts 5 3 2
60% 40%
2015
Appelatte Courts 1 1 0
100%
Lower Courts 75 36 39
48% 52%
Total 76 37 39
48.68% 51.32%
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JUDICIARY ANNUAL REPORT 2015-2016
Sex-Disaggregated Data on Male and Female Judges of First and Second Level
Courts (as of December 31, 2014)
TOTAL TOTAL TOTAL
COURT MALE % FEMALE % INCUMBENT NUMBER NUMBER
JUDGES VACANCIES OF COURTS
REGIONAL
TRIAL COURT 501 63% 298 37% 799 370 1169
METROPOLITAN
TRIAL COURT 38 44% 48 56% 86 78 164
MUNICIPAL
TRIAL COURT-
IN-CITIES 91 49% 96 51% 187 70 257
MUNICIPAL
TRIAL COURT 146 54% 122 46% 268 99 367
MUNICIPAL
CIRCUIT
TRIAL COURT 196 59% 138 41% 334 133 467
SHARIA
DISTRICT COURT 0 0% 0 0% 0 5 5
SHARIA
CIRCUIT COURT 25 89% 3 11% 28 23 51
Sex-Disaggregated Data on Male and Female Personnel of First and Second Level
Courts (as of December 31, 2014)
TOTAL TOTAL TOTAL
COURT MALE % FEMALE % INCUMBENT NUMBER NUMBER
JUDGES VACANCIES OF COURTS
REGIONAL
TRIAL COURT 4544 38% 7352 62% 11896 5230 17126
METROPOLITAN
TRIAL COURT 497 41% 706 69% 1203 1066 2269
MUNICIPAL
TRIAL COURT-
IN-CITIES 1100 40% 1626 60% 2729 925 3654
MUNICIPAL
TRIAL COURT 898 36% 1625 64% 2523 463 2986
MUNICIPAL
CIRCUIT
TRIAL COURT 1192 38% 1942 62% 3134 612 3746
SHARIA
DISTRICT COURT 27 55% 22 45% 49 6 55
SHARIA
CIRCUIT COURT 141 64% 79 36% 220 188 408
64