t is heartening to note that the HILJA B&tin has been well received. We have also welcomed suggestions that have come our way. Likewise, we will try and accommo- date requests for inclusion in our regular mailing list.

WILJA B&tin's first issue allowed us at the Academy to review our editorial policy and to improve on it. We continue to hope that this publication will be of help to our judges and court personnel, particularly, those in distant stations. The end in view is improvement in the administration of justice and the enhancement of the professional competence of the ladies and gentlemen of the Bench.

In many ways, the Academy still has to grow. But much has already been done. In fact, we believe that it is almost ready to carry out all the tasks the law creating the Academy entrusts to it. At the heart of our concerns, however, is the education and the formation of the Judge. We endeavor to keep our Judges informed of developments in law and in judicial doctrine. But as important as informing them is forming them according to the values of which members of the Bench ought to be exemplars.

Lb&,;,' - --i '- - :,y r,, . -;. , iGyr- ' ~ v ,.r. x x w r b '. rml + +-:: ;. 2:.*<--. ,.- *, ?v$: ;$y& &ii .;:p ,LT:;i *

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In this issue i ~ . ' : . ~

Page Page

From the Chancellor's Desk ................................ I Resolutions, Orders and Circulars ............. t?W... 7 Editor's Note .......................... : .......................... 2 Supreme Court *,7 / d . J Gender Sensitivity Seminar ................................. 2 A.M. W-2-0 I -SC ................. A ............. %!& . ,;pJ . . . . 7 Opening Remarks of A.M. 99-3-101-RTC ........................................ 7 Chief Justice Hilario G. Davide, Jr. .................... 3 Office of the Court Administrator Closing Remarks of Circular No. 21-99 .......................................... 7

.......................................... Justice Ameurfina A. Melencio-Herrera ............. 4 Circular No. 25-99 8

................................... New Rulings of the Supreme Court .................... 5 Office Order No. 2-99a 9 Doctrinal Reminders ........................................... 9 PHILJA Events ............................................ 12 Judicial Excellence ............................................ 10

........................................... Readers' Comments I I .Supplement Acknowledgment ............................................... I I

n this second issue of the PHILJA !B&tin, we are introducing new features, namely, "Readers' Com ments," which will facilitate exchange of ideas and infoniiation aniong readers, and "From the Chancellor's Desk" which will contain relevant messagesf announcements and policy statements. Letters from Asso-

ciate Justice Artemio V. Panganiban, Judge Adolf Encomienda, Shari'a Judge Casim S. Bailan and Sheriff Wilmer Beltejar give us the welcome feedback on the maiden issue of the W I L f A 'Bulktin. We also received verbal coniments which are appreciated for their useful suggestions.

A first for PHILJA was the "Gender Sensitivity Seminar for the Philippine Judiciary" held on June 7 to 9, 1999 at Sulo Hotel in Quezon City. The Opening Remarks of Chief Justice Hilario G. Davide, Jr. and Justice Ameurfina Melencio Herrera's Closing Remarks on this occasion indicate the future direction for PHILJA on gender sensitivity for judges, and as such these are printed here in full.

Finally, WILj .2 'Bulkt in takes this occasion to congratulate the 1999 awardees for Judicial Excellence. We, likewise, salute all nominees, especially those chosen finalists, and we wish to commend the organizers and sponsors of the Judicial Excellence Awards for their significant contribution toward pronioting the basic values of integrity, honesty, competence and dedication in the adniinistration of justice. May their tribe in- crease.

Watch for the supplement - "List of Executive Judges."

Gender Sensitivity Seminar

he Philippine Judicial Academy (PHILJA) in co- operation with the Institute of Judicial Admin- istration (IJA), Harnessing Self-reliant and Ini-

tiative Knowledge (HASIK, Inc.) and Friedrich Ebert Stiftung (FES) held the first Gender Sensitivity Seminar- Workshop for twenty eight judges, eleven males and sev- enteen females and one Justice of the Court of Appeals. The following topics were discussed: "Gender Concepts, Expectations, Manifestation: Social and Cultural Context" by Ms. Remedios I. Rikken, "Human Rights and Inter- national Standards and Norms on Gender" by Dr. Purificacion V. Quisumbing, "Gender, Justice and Devel- opment: Philippine Standards and Norms" by Prof. Myrna S. Feliciano, and "The Philip- pine Justice System and Gen- der Equality" by DCA Zenaida N. Elepaiio. Led by Justice Mariano M. Umali, participants themselves orga- nized a most interesting Dem- onstration Trial to illustrate what they learned. In the cri- tiquing that followed, they also analyzed the gender bi- ases and insensitivities that, as a matter of habit, came through in the exercise.

sensitive provisions; increase judges' awareness of gen- der biases in their behavior, language, and especially in their appreciation of evidence; and, in general, foster a court environment that is non-hostile to children and women, and to nien as well. They urged PHILJA to un- dertake gender sensitivity workshops for all judges; to have a mix of male and female participants and to include in all programs the gender-relevant "ice-breakers" which were conducted by HASIK as these were found to be effective and enjoyed by everyone.

Judges enjoying gender-sensitivity "ice-breakers"

Participants were unani- nious in recommending the following: review laws and rules to ferret out gender in-

Gender Sensitivity: Towards Fuller Equality*

lie sub,jcct 01' this s c ~ l l i ~ i ; ~ r t e ~ i i ~ > t s 11ie to r e c ~ ~ l l tlic basis 01' sex." This equality is. nt ho t to~ l i . equa l i~y o f men story o f creation. We read i n verses I 8 to 23 o f and women i n dignity and wor th as human beings nntl i n C h a p ~ c r 2 ol' Gencbis tlic fol lowing: 7r rights. opportuni~ies and respo~is ib i l i~ ics.

Ir i a 1101 good tbr ~nan to he alone. I will ~iiakc ;I I n recent years. a signil icant ~ i u m h e r ol' Iegisla~ion has suitable partner I'or h im. . . So the Lord Gud cast a addrcsscd gender-related concerns. A l l long these ;\re: deep sleep on the man, arid while he was aslcel). lie

I . R.A. 6725 anlending A r ~ i c l e 135 of tlic Lahor Codc look oul one o l I i i s rihs ancl cluaed up i rs place with flesh. The Lord God the11 buill up inlo a worllan the by \rrc~igtIicning (lie prohibition on discrinlin;~iion 01' wonieli

rib thar Iic had titken l'ro~n the 1iia11. When he brought with respect to ~ c r ~ i i s and co~ id i t i u~ is ol employnie~it:

her to tlic m;~ri. the man ax(\: 2 . R.A. 6955 b a ~ i ~ i i ~ i g the export of Filipillas 10 l 'orcig~i

Thih o~ie. a1 lasl. i s bone 01' lily honea nncl Ilcsli C O L I I ~ I ~ ~ ~ S ;I:, brides i ~ i c l u d i ~ i g tlie ;~d \~c r t i sc~~ ic~ i t . p~~h l i c ;~ t io~ i .

ol' lily Ilcsh; di\tributioli ol' brochure:, :\rid otlier propaga~ida:

This one shall he culled woniari for out ol' 'her 3. R.A. 7 192 or the Wonieri in Natior~ B u i l d i ~ ~ g Act. \\~l\ich

1ii;111' 1111s olie lii15 bee11 1;1hc11. est;rhlisIies opportunit ies 1'01- u~on ien l o parliciplrtc i n

The u,orlian was Eve: the nian wa:, A d a ~ i i . Since they ccorioniic dcvclopnic~it by J C ~ C ~ I ~ L \ I I I ~ C~LI;II o p p o r t ~ ~ ~ i i ~ i c s t'or

ate the l'orbicldcn I ' rui~. Got l ~ ~ u r i i s h e d t h c ~ i i . To E \ c God : ~ p p o i ~ ~ t ~ i i c ~ i t . ; ~ d ~ i ~ i s s i o ~ i ;lnd tr ,~i~i ing iri all ~ i i i l i ~ : ~ r y or si~ii i l ;~r .;. 'd. .'\I . \chools ill the coirnlry:

' . . . Yet your urge >hall hc your Iiush;t~ld. 2nd l ie 4. The An t i -Scx~~a l H;u-as\nien1 Act or R.A. 7877. wliich

ahall he !.our riiasrcr. dclirics ;\rid pro\.iclcs pc~i:~lties l iw scxu;~l Ii;~r;~?;s~iie~it in IIic

T l i e ~ i l i ia l iy I ~ u s h ; ~ n ~ I s c a ~ i i c : and 11i;lliy WOIII~II. too. uorhplucc ;!II~ i r i cducatio~i ;uicl r ru in i~ ig actti~igs:

Probably invoking this portion ol' Genesis, the rncn st;u.tcd 5. [<.A. 7883 p r o v i d i ~ l g c r e d i ~ assist;~~lcc to w o ~ i i e ~ i c11gaged ill niicro 31id collage husiries:, c~~ te rp r i \ c :

to c l a i ~ i i supremacy because they arc "1iiaslc1.s." 6. R.A. 8 I 7 I s t i p ~ ~ I ; i ~ i ~ ~ g tlic rep:~tri;~tio~i ol 'Fi l ip i~i ;~s \vIlo

Gcndcr scn.;itivitg ~ l i e ~ i has root:, i n tlie story ol.creation. lost Ilieir c i t i ~ c ~ i s h i p by ni:~rriage to ;\lie~is: mid

We k l io~v. ol'coursc, 11131 i n the O l d Tc:,~anic~it tlicrc wcrc 7. R.A. 8253 wliich cupa~icl:, tlic dc l in i t io~ i o l rape a?; a cxcni[,lary wol i icn wile received special I';~\,ors I'ro111 God crinic againsl persolib. to chk~ngc 1I1c course 0 1 ' 11ic Hislory o f H i s hclo\,cd people. Tlicse W~IIICII ;\re ~ i o w ~i ie~ l ior ia l izec l i n the O l d T c s ~ a ~ i i c ~ l t 1 Iiave bee11 i~ i l 'o l -n icd t l i ; ~ ~ ~ l i c r c arc ~>cr i c l i~ ig h i l ls i l l

Books 01' R u ~ h . J u d i ~ h ;\lid Estlicr. Conpl-css u.hicl i I'urrhcr scch to gi1.c tccl l i IO Scc. I 4 01' Arr.

Gcndcr scnsi~ivi ty ~ i io \ , cd on w i h , a ~ i d was l 'ough~ cluring I I ol' the C o ~ l s t i ~ i ~ t i o ~ i . l'licsc ;Ire rhc Wonicn E ~ i i p o w c r ~ i i e n ~

the pas1 ccnlurics. \ict, eve11 as our twc~i l ic t l l ccrilu~.y i s c ~ h o u ~ A ~ I : ~ h c b i l l a l lo \ r , i~ ig ~ l i c sc lcc~ ion ol' \ \ 'o~ i icu to engage iri lo end, slrugglc lo lo,al ecluulily relllaills 20111h;1r duties: ~ l i c h i l l p c ~ i ~ i l i r i n g e ~ i i l ~ l o y c ~ . s u. l io l i~ \ ,o r 111;1Ie

persislcnrly conslanl. e l i ip loyecs ovc r s i ~ i i i l ; ~ r l y c~u;~I i I ' ied I'~III;IIC c ~ i i p l o y c e s

Tlic pussi~ge o f ~ i l i i c , 1i1c progl-css rowards l'ull de~iiocracy, whether i n (lie I i i r ing process. ; ~ s s i g n ~ i i c n ~ or rcrrcncl i~i icnt

;111d rapid cconolii ic growth Iinvc ~ i o t cli~il ir i ishcd iricquulirics ol' personnel: and [he M a g ~ i a Car la I'or Wor i icn wh ich

berwccn the hexes. p r o ~ i d e s ~ i i c c h a r i i s ~ i i s 1.~1. the p o l i ~ i c a l and econo l i i i c

T l ie rc ca l l be n o d o u h ~ . however , 11131 genu ine c ~ i i ~ ~ o \ \ ~ c r ~ i ~ c ~ i t 01' \+o~i ier i :111d tlic p ro tcc t io~ i 01' ~ l i c i r l i u ~ i i : ~ ~ i

consciousness over inequality ;\rid gerielcr-relu~cd issucs is. '.igllrs.

very l'c)rturia~cly. gaining proli)i~licl ancl i nsp i r i~ ig ~ i i o ~ i i c ~ l t u ~ i i 11 111~151 be c~ i i~> l ias i / . cc l ~ l i a ~ c l i ~ i i i n a ~ i ~ i g ge11~1cr

in our counlry. 111 the liclcl o l ' c i v i l a ~ i d pol i t ical r.ighIs ~ l i c d ~ s c r i ~ i i i n ; ~ ~ i o ~ i is s i l i i l > l c r a ; ~ i c l tIi;111 C~OIIC. GCIICIC~

Filil,irla golie a long way, ltle 1935 COnslitulioll. d i x " . i i i ~ ~ i ; ~ ~ i o ~ i c:\n be cloaked ill I:\\v or cxi51 ill ~,r;~cricc. 11

although she was 1101 a( once accorded rhc r ight ol'sul'l'~.agc r;\~igcs l'roril rllc ~1c1ii:tI o l ' c c ~ ~ ~ ; ~ l riglirs to \ \ , o ~ i i c ~ ~ . l ike 111 ~ l i c

I ,hereol. I.equirc,d yel a w o ~ ~ h p l ; ~ ~ ~ , l o u'o~i ic~i ' : , ~ l i a h i l i ~ y to c11,joy their I 'or~nal ly

plchiscilc for rllc purpose ol.llcr ell~joying ,he rigl,l, slle won r e c o g ~ i i x c l riglits because ~ h c y arc p rcvc~ i~cc l I ' ~ 'o~ i i do ing so.

the issue at (he ~>lebiscile suhscquently held. A study by [he N ; \ ~ i o ~ l a l Ccns~15 Ofl'icc and tlic B u r e ~ ~ u ol'

The 1987 C o n s ~ i ~ u ~ i o n . i n add i~ ion to tlic equal p r o ~ c c ~ i o n Wol i i cn and Y o u ~ i g Workc~.s bared (l iar wol i icn tend l o

ol. l a w cl;luse, expl,citly as One ,he s ~ ; ~ ~ ~ occt~py 10wcr posilion:, ~IIICI ~ ~ ~ ~ e e l ~ ~ i i i ~ l ; ~ ~ l l \ y low -sk~\IceI ,jobs.

policies [he I'ollowing i n S c c ~ i o n 14 ol' AI -~ ic le 11: and gc l~era l ly earn Icsb rIi;~t ~ l i c i r ~ i l a l e coulitcrl,arts. A s arhitcrs and inrcrl>retcr:, ol ' thc la\v. \ \c in ~ l i c ,ji~clici;\ry

S1.c. 14. Tlic Stare recogrii/cs rlic role 01' woliien in Ii;~vc our \vorh ~ L I I OUI. III CVCI-) C;ISC 01- 11i;lttcr I~c1'01.c 11s we ~ i ;~t io~ i -bu i ld i~ ig . ;trid shall ensure the I'uncla~~ic~iral cqtr i~l i~y i11.c t o l i \ > c ; t ~ i d g i v e ~ i i ~ ~ ; ~ r i i ~ i g t o c \ , c ~ . y \ iorc I 01 ' t l ic hel'orc [he la\\, 01' woriic~i arid 1iie11.

c o l ~ l l l l l l ~ ~ l / O l l / x / , q c , 4 This should he rcacl together w i th the United Nation:,

Declaration ol' H u n i a ~ i R i g h ~ s which gual-;mtccs " ~ h c ~. ight ::: O~CIIIII~ I.CIII:II~~ dcli\.~rc~I I)! Chic( JII\IICC Hil;~l.~o G . 1);1\1dc. JI.

ol' indiv,du;ll not lo be ~~scri l l l ,nalc~ againsl on tllc C I L I ~ I I ~ ~ IIIC Fir51 ..GcIIcI~~ Sc~~i i t i \ i~y ' . S~II)~I~.II. ior 111~. t ' l i i l ipp~~~c .I~~clici;~u> lielcl 011 7-9 Junc 10')c) al Sulo HCIIC~. QU~LLIII Cir).

CLOSING REMARKS OF JUSTICE AMEURFINA MELENCIO HERRERA

On Gender Sensitivity in the Courts he Philippine Judicial Academy (PHILJA) is happy, in- deed, that another first has been successfully con- cluded. This is the tirst time that the Supreme Court

through PHILJA, in partnership with tlie Institute of Judicial Administration (IJA), the "Harnessing Self-Reliant Initiatives and Knowledge (HASIK) Movement, and the Friedrich Ebert Stiftung (FES), conducts a Seminar that deals with the issue of gender-sensitivity directly.

Actually, it was HASIK that initiated the idea, in line with one of its objectives to mainstream gender-sensitive policies and programs. Thereafter, collaboration among the three spon- soring organizations came easily. PHILJA, after all, concerns itself not only with the schooling of judges in law and proce- dure but also with tlie appreciation and cultivation of desirable knowledge. values and attitudes in all members of the Bench.

Gender sensitivity is certainly nlore than being concerned merely with "politically correct" language. It has to do more importantly with a perspective that allows one to think of and deal with others who belong to a dil'ferent sex with the regard, respect and consideration due them. 11 is certainly not fair tliat women and the way they think, deal with issues, and process events should be merely incidental considerations. Huinankind Iiad to reach ;I certain level of niaturity to realize this, but i t is a fact that t i l l now, Inany ol'the laws ant1 regulations that gov- ern social rclntions were craAed by Inen with men in ~ n i n d - or without women in mind! Much the same can be said of pre- vailing social structures.

There is a relation between pcnder sensitivity and gender equality. Both are fundarnentally issues of hutnan rights. It is violative of human rights for women to be discriinin;~tcd against because they are wolncn. We must Iielp ourselves and tlie world community liberate those women still suffering from gender- based discrimination, violence, and ~naltreutment. It is like- wise a violation of women's rights that tlie fact that they are wonien should be triviillizcd and ignored. Because these twin issues arc Iiunian rights issues. they are direct concerns ofjudgcs and the courts. They are concerns that should also permeate their attitudes and lind expression in their resolution ol' legal controversies.

But i t is not only from the perspective of human rights that gender issues should be considered. There is the b r o d er as- pect of human development, two of the indices of which are "gender-related development" and "gender-empowerment." A country's human progress is also measured by "gender-inequi- ties." In the mainstream is a Philippine Plan for Gender-Re- sponsive Development. So i t must be, for the Philippines should continue to strive to rank high in tlie global ranking of coun- tries measured by the mentioned indices of Human Develop- ment.

We trust therefore that this Seminar has aroused sensitivity to gender issues not only in the human rights context but also from the perspective of human development. The human de- velopment progress in our country must continue to be gen- der-sensitized and the discrepancies in human progress between genders must continue to be addressed. 'The devastating ef- fects ofpovcrty extend to all individuals in society: men, women and children. Visible eniploylnent opportunities and property interests must be available for all, including the elderly and disabled. ~.egardless of gendcr. To be cognizant ol' these con- siderations should be a continuing effort in the evolution of a coinmunitarian society like ours. To this end, the Philippine Judicial Academy stands comlnitted.

Tlie Chiel' Justice, in his Opening Remarks. spoke of the Genesis and the story of tlie creation.

Tlie spiritual reading from the Corinthians day before yes- terday dealt with the similes of salt and light. Jesus himself t~lupht that salt spices food and that without it, food would be tasteless. On the other hand, light illumines and overcomes darkness. Jesus then called his disciples the salt of the earth and the light of the world.

It strikes me that you are the tirst selected chosen few. We like to expect that you will be the salt to give spice to gender- sensitivity. You will also be the light to spread awareness of its ramifications and iliiplications.

G o forth then and spread knowledge of the need for gender- responsive development. free from violence and respectl'ul of Iiunlan rights.

God bless our efforts and collective commitments.

Constitutional guaranty that no person shall be deprived of life, liberty or property without due process of law, denied the eclu;\l protection of the law. In promoting and realizing true gender equality in the courtroom, we can d o no less. The challenge is in recogniling what Inws and acts foster discrimination and how our prejudices hinder heightened awareness.

Gender sensitivity finds its ultinlate expression in breaking down obsolescent notions about differentiation based on cultural biascs. It is in pronioting a Iiarinonious arrangement in which men and women take colnplementary roles that the demands o f a just society will be niet.

May this scn~innr breetl an exchange ot' ideas that will result in a better understanding of issues on gender inequality and discrimination and. perforce. to a more informed judgincnt in appropriate cases.

Finally, let iue congratulnte the PHILJA, IJA, HASIK and FES for this joint effort. May you have more seminars on Gender Sensitivity.

Good day!

CRIMINAL PROCEDURE SOCIAL LEGISLATION

Plea of Guilty to a Capital Offense; Duty of Trial Judge

Under Sec. 3, Rule 116 of the Revised Rules on Criminal Procedure, when the accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea. It must also require the prosecution to prove his guilt and the precise degree of his culpability. If the accused so desires, he may also present evidence in his behalf. This procedure is mandatory and a judge who fails to observe i t commits grave abuse of discretion. (Bellosillo, J., People v. Paulino Sevilleno y Villamor alias Tamayo, GR 129058, March 29, 1999)

Compulsory Membership in the GSIS of Qualified Reserve Officers of the AFP; January 7, 1987, Effectivity of Executive Order No. 79

Qualified reserve officers were covered by compulsory membership in the GSIS under Executive Order No. 79 effective January 7, 1987 regardless of whether or not the premiums were paid. x x x the unpaid premium, if any, may be deducted from the proceeds of the policy. (P~lrulo, J., GSIS v. Commission on Audit, GR 125982, January 22, 1999)

CONSTITUTIONAL LAW OMNIBUS ELECTION LAW (R.A. 7166)

COMELEC disposal of pre-proclamation controversies;

Presentation of Evidence before the COMELEC is not at all indispensable in order to satisfy the demands of due process.

Under the amendment introduced by R.A. No. 7 166, particularly Section 18 thereof, all that is required now is that the COMELEC shall dispose of pre-proclamation controversies on the basis of the .records and evidence elevated to i t bv the board of canvassers. This is but in keeping with the policy of the law that cases of this nature should be summarily decided and the will of the electorate as reflected on t h e election returns be determined as speedily as possible. What exactly those records and evidence are upon which the COMELEC based its resolution and how they have been appreciated in respect of their sufficiency are beyond this Court's scrutiny. (Ronlero, J., Joseph Peter S. Sison v. Commission on Elections, GR 134096, March 3,1999)

Constitutionality of E.O. 97 - A. No violation of the Equal Protection Clause

We rule in favor of the constitutionality and validity of the assailed Executive Order. Said order is not violative of the equal protection clause; neither is i t discriminatory. Rather, we find real and substantive distinction between the circumstances obtaining inside and those outside the Subic Naval Base, thereby justifying a valid and reasonable classification.

The fundamental right of equal protection of the laws is not absolute, but is subject to reasonable classification.

If the groupings are characterized by substantial distinctions that make real differences, one class may be treated and regulated differently from another. The classification must also be germane to the purpose of the law and must apply to all those belonging to the same class. (Pcrngnnibnn, J., Conrado L. Tiu v. Court of Appeals, GR 1274 10, January 20, 1999)

Erroneous Order or Decision of Judge; Absence of Malice

A judge may not be held ad~ninistratively accountable for every erroneous order o r decision he renders. To unjustiliably hold otherwise, assuming that he has erred, would make his position doubly unbearable, for no one called upon to try the facts or interpret the laws in the process ot 'adn~inistering jus- tice can be infallible in his judgment. The error must be gross or patent, malicious, deliberate o r in evident bad faith.

As a matter of public policy then, the acts of a judge in his official capacity are not subject to disciplinary action, even though such acts are erroneous. Good faith and absence o f malice, corrupt ~uotives or improper consideration are sufficient defenses in which a judge charged with ignorance of the law can find refuge. (Q~ri.r~iiiibiiig. J., Annabelle R. Gutierrez v. Hon. Rodolt'o Palattao, A.M. RTJ-95- 1326, July 8. 1998)

Indivisible Penalty of Recllrsiorr Perpetiia

Notwithstanding the provision of R.A. 7659 specilying the duration of rrcliisiorr peipetiia Ir-on1 20 ycars and 1 day to 40 years, 1-ocl~~siori peipetrin remains as iln indivisible pcnalty without minimum, ~nedium, and maxilnu~n periods even after the operation of the law on Decen~bcr 31, 1997. (Reg(il(ido, J., People v. Rodel Fucrtes y Ocanipo, G.R. No. 126285, Sep- tembcr 29, 1998)

Indemnity Different from Damages

Indemnity is diffcrcnt from other darnages. Civil inde~n- nity is auto~natically granted to the o f i n d e d party or histher heirs in case 01' the former's death, without need of I'urther evidence other t h ~ ~ n the I'act of the co~nmission of the crirne and the appellant's culpability therelor. Actual or rnoral dam- ages rnay bc additionally granted upon sufficient proof that the private complainant is legally entitled thereto. E x e ~ ~ ~ p l a r y dam- ages Inay also he awarded i f the crime was committed with o n e o r rnore aggrava t ing c i r c u m s t a n c e s d u l y proven . (I-'rriig(liiiOcr~r, J.. People v. Gerry Sumalpong, et al., G.R. No. 124705, January 20, 1998)

Damages Distinguished from Damage

Da~nazes rcfer to tlie s u ~ n 01' Inoney which the law awards or imposes as pecuniary co l~ ipena t ion lor an injury done or a wrong sustained as a consequence of either a breach of a con- tractual obligation or a tortuous ur illegal act; while clanlace pertains to the actionable loss, harm or hurt which results I'rom the unlawl'ul act. omission or negligence 01' another. In fine, darnages are the amounts recoverable for the damage done or sustained.

Actual or compensatory damages I-ecluires actual proof ot

quasi-delict which can he awarded forthwith by proof alone of such fact of death pursuant to Article 2206 of the Civil Code.

No proof of pecuniary loss is likewise necessary in order that moral, nominal, temperate, liquidated or exemplary darn- ages may be adjudicated under Article 22 16 of the Civil Code, and it is quite enough that proof of damage or injury is adduced. Being incapable of exact pecuniary estimation, the assessment of such damages, except for liquidated damages which the parties the~nselves fix, is left to the sound discretion of the Court.

Akin to, but not exactly in the same category as actual or compensatory damages, is the civil indemnity e.r dc~iicto par- ticularly so referred to in paragraph 3 of Article 104, in rela- tion to Article100 of the Revised Penal Code as "indemnifica- tion for consequential daniages." These two species of dam- ages di1li.r basically in that civil indemnity ex delicto can be awarded without need of further proof than the fact of com- mission of the felony itself whilc actual or compensatory dam- ages to bc recoveri~ble must additionally be established with reasonable degree of certainty (except as aforesaid, in the case ol' inden~nity for death under Article 2206 of the Civil Code). In line, the first species merely requires proof of darnage or injury (similar to that needed in an award 01' moral damages) to be rccoverable; the second kind requires, in addition, proof of damages or pecuniary loss in order to warrant recovery. (Vitllg. J., People v. Romeo Dianos, G.R. No. 1 193 1 I , October 7 , 1998)

Summary Procedure; Motion for Extension of Time; Pro- hibited Motion

A motion for extension ol ' t i l~lc to file pleadings, affidavits or any other paper is one of the prohibited pleadings and rno- tions under the Revised Rule on Summary Procedure. (Per Ciirirliri, Marcelo Cuena v. Judge Oliver T. Villanueva MCTC, Mabalacat, Pampanga, A.M. No. 98- 10- 135-MCTC, March 29, 1999)

Failure of Judges to Act upon Majority of the Cases in his Sala

While we take note of Judge Apostol's seeming dedication to duty, we cannot simply overlook his failure to act upon majority of the cases in his sala. xxx Section 15 (1) of Article VIIl ol'the Constitution provides that all cases filed before lower courts al'ter the el'fectivity of the Constitution must be decided within three (3) rnonths. The Code of Judicial Conduct pro- vides that a judge "should administer justice without delay" and directs a judge to "dispose of tht: court's business promptly and decide cases within the required periods." (Qirisuinbiirg. J., Re: Report on the Audit Conducted in the RTC of Ipil, Zamboanga Del Sur, A.M. 98- I - 12-RTC, February 17, 1999)

pecuniary loss except damages for death caused by a crime or

SUPREME COURT 4

1 A.M. NO. 99-2-01-SC i

1 IN RE: DISMISSAL OF SPECIAL CIVIL ACTIONS IN ; NLRC CASES i

I In light of the decision in St. Mtrl?il/ Fri1rr1.01 HOIIICS I). NLRC

1 (G.R. No. 130866, 16 September 1998), all special civil ac- B tions arising out of any decision or final resolution or order of

1 the National Labor Relations Com~iiission filed with the Court after O I June 1999 shall no longer be referred to the Court of I Appeals. but shall forthwith be DISMISSED.

I Let this resolution he published in two newspapers of gen- 1 eral circulation in the Philippines and copies thereof furnished j the Integrated Bar of the Philippines and the National Labor 1 Relation Commission. i j Promulgated this 9th day of February 1999.

(SCD. ) DAVIDE. JR. (C .J . ) . ROMERO. BELLOSILLO.

1 PANCANIBAN

A.M. NO. 99-3-101-RTC

Qriotrd hrrerr~rde~: for yorir i~!fo~.~~rrrtio~r, is a ~.rsolrrtio~r o f tl7r Corl1.t EII BLIIIC dutrcl 27 Auld 1999

"A.M. No. 99-3- 101-RTC. - Re: Request of Ms Olyrnpia Elena 0 . Dacanay to attend the Bar Review Classes and the 1999 Bar Examinations on official time.- Acting on the letter, dated 20 January 1999, of Officer-in-Charge Olyln- pia 0. Dacanay, Regional Trial Court, Branch 26, San Fernando City, La Union, requesting permission to take the Bar Review Classes and the 1999 Bar Examinations beginning April 1999 to September 1999, tlie Court Resolved to:

( I ) NOTE said request;

(2) ESTABLISH the Educational Support Program for the employees of the lower courts and the Office of the Court Administrator who wish to take the bar examinations, so as to allow them to go on official study leave for six (6) ~nonths, subject to the following conditions:

(a) The employee must be a holder of perrnanent item in the judiciary;

(b) HelShe must have rendered at least three (3) years of government service;

(c) Prior to the months of intended leave, helshe should have at least a performance rating of VERY SATISFACTORY;

(d) Only one employee lioln every office, division1 branch must be recommended by hislher im- mediate supervisor for study leave each year;

(e) After taking the bar examinations, said em- ployee must render at least three (3) years of service in the judiciary, otherwise he shall re- imburse all the salarieslbenefits received dur- ing the six (6) month period;

( f ) This privilege can be availed of by the bar ex- aminee only once i n every three years:

(g) In case the applicant is a stenographer, the branch clerk of court shall issue a certification attesting that helshe has no pending untranscribed transcript of stenographic notes; and

(h) All applications must be tiled at least two (2) months before the start of the official six (6) months study leave.

(3) DIRECT the Court Administrator to constitute an Educational Support Program Conitnittee of three (3) Inem- hers which Committee shall (a) draft the application form and the contract to be signed by the employee-applicant; (b) evaluate applications of employees under the Educational Support Program; and (c) sub~nit recolnrnendations to the Court Adlninistrator;

(4) AUTHORIZE the Court Administrator or any of the Deputy Court Administrators whom he designates to approve the applications under the said Program; and

(5) ISSUE a circular to inform the employees in the lower courts about the aforementioned privilege and the conditions attached thereto." (107)

LUZVIMINDA D. PUNO, Clerk of Court By: (SCD.) MA. LUISA D. VILLARAMA, Assistant Clerk of Court

OFFICE OF THE COURT ADMINISTRATOR

CIRCULAR NO. 21-99

TO: All Judges of the Regional Trial Courts, the Met- ropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial courts and the Mu- nicipal Circuit Trial Courts

SUBJECT : Effectivity of the Provisions of Sectlon 5 of Re- public Act No. 7691 Further Increasing the Ju- risdictional Amount Prescribed by Certain Provi- sions of Battrs Ptr~rrbrl~rstr Bly. 129. as Amended.

The provisions of Section 5 of Republic Act No.769 I pre- scribe that "After live years (5) fro111 the effectivity of this Act, the jurisdictional amounts mentioned in Sec. 19 (3),l ( 4 1 , ~

I Under Section 19 ( 3 ) 0TR.A. No. 7691. the Regional Trial Cou~ts sh~i l l exercise exclusive original jurisdiction "In a11 actions in admiralty and 111ari- t i~ne jurisdiction where tlie de111a11d or c1ai111 exceeds One I~undred thous:lnd pesos (P 100,000.00) or in Melro Manila. where such dellland or claim es- ceeds Two Hu~idred Thousci~id Pesos (P200,O(K).00).

and (8),3 and Sec. 33( I ) of Bcittis Pcl~~rbe~~rstr Blg. 129 as amended by this Act, shall be adjusted to Two hundred thou- sand pesos (P 200,000.00). Five (5) years thereafter, such ju- risdictional amounts shall be adjusted further to Three hundred thousand pesos (P300,000.00): P~~)l~iclrcl, Hort,rl,rl-. That in the case of Metro Manila, the aboverncntioned jurisdictional amounts shall be adjusted after (5 ) years from the effectivity of this Act to Four hundred thousand pesos (P400,000.00).'

Section 8 of the same law states that "This Act shall take effect tifteen (15) days following its publication in the Oflicicrl Ga:rttr or in two (2) national newspapers of general circula- tion."

Republic Act No. 7691 was published simultaneously in the 30 March 1994 issues of the Pl~ili,~>pi~rr JOI~I.IIC~/ and M~ila\a. The law took efkct on 1 5 April 1994.

Considering the provisions of Section 3 1.5 Chapter 8, Book I of the I987 Administrative Code, Section 5 of R.A. No. 769 1 took effect on 20 March 1999.

For information and guidance.

(SGD.) ALFREDO L. BENIPAYO Court Administrator

' Under Section 19 (4) o f R.A. No. 7691, the Regional Trial Cou~ts shall exercise exclusive original jur isd ic t io~~ "In all nlatters o f probate, hoth testate and intestate. where the gross value o f the estate exceeds One hundred thou- sand pesos (P 100.000.00) or, in probate nlatters in Met1.o Manila, where such gross value exceeds Two hundred thousand pesos (P 200.000.00)."

Under Section 19 (8) of R.A. No. 7691, the Regional Trial Courts shall exercibe exclusive original jurisdiction "111 a11 other cases in which the denland, exclusive o f interesl, danlages o f whatever kind. attorney's kes, l i t igat io~~ ex- penses. and costs or the value ofthe prope~ty ill controversy exceeds One hun- dred thousa~ld pesos (P100.000.00) or, in such otht.1- cases in Metro Manila. where the derlland exclusive o f the a b o v e ~ ~ i e ~ ~ t i o ~ ~ e d itenls. exceeds Two hun- dred thousand pesos (P200.000.00)."

-' UII~KI- Section 33 ( I ) of R.A. No. 7691. the Met~.opoli ta~~ Trial Cou~ts. the Municipal Trial Cou~ts in Cities. the Municipal Trial Cou~ts and the Mu- 11icipa1 Circuit Trial Cou~ts shall exercise "Exclusive 01-iginal jul.isdiction over civil actions and probate proceedings, testate a11d intestate. including !he grant o f provisional renwdies in proper cases. where the value o f the personal prop- erty, estate or alllounr o f the de~ l la~ ld does not exceed One hu~ld~.ed thousand psos (P 100.000.00) or. in Metro Manila where such personal propelty, es- tate. or an~ount ot' the de~nand does not exceed Two hundred thousand pesos (P 200.000.00). exclusive o f interest, da~llages o f whatever kind. atto171ey's fees, litiptio11 expenses and costs, the a~llourlt o f which IIIUSI be specifically alleged: Pn)i,iiIi,iI, That intel.est, da111ages o f whatever kind. attorney's fees, litigation expe~~ses. and costs shall he included in the d e t e ~ - ~ l i i ~ l a t i o ~ ~ o f the til ing fees: P r~~~, i t l e t l . , f i ~ ~ . / l ~ r ~ : That where there are sever~l c l a i ~ l ~ s or causes o f action be- t~.een the sallle or dift'eren~ paltie> e~~ibodiet l in the sarlle co~l~plaint, the a ~ l ~ o u ~ l t ol' thc de~lland shall he the totality o f the clai~l ls in a11 the causes o f action, irrespecrive of whether the causes o f action arose out of the sanle or different tra~~sactio~~s."

Section 3 1 prescribes that " .Year' shall he understood to be twelve cal- endar IIIUI~I~S: '111o11th' o f th i~ ty days, unless i t refers to a specific cale~ldar 111onrh in which case it shall be co~l~puted according to the ~ ~ u n l b e r o f days the specific nlooth contains: 'day' to a day o f twenty foul. hours: and 'night' f r o n ~ sunset to su~lrise."

CIRCULAR NO. 25-99

TO : ALL OFFICIALS, EMPLOYEES OF THE OF- FICE OF THE COURT ADMINISTRATOR (OCAD) AND, ALL JUDGES, COURT PER- SONNEL OF THE REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, SHARI'A DIS- TRICT COURTS AND SHARI'A CIRCUIT COURTS.

SUBJECT : COMPULSORY MEMBERSHIP COVERAGE UNDER THE NATIONAL HEALTH INSUR- ANCE PROGRAM (NHIP) . FORMERLY MEDICARE PROGRAM, OF ALL CSIS MEM- BERS PURSUANT TO REPUBLIC ACT NO. 7875.

Republic Act. No. 7875, otherwise known as the National Health Insurance Act of 1995, was enacted to provide univer- sal health insurance coverage and ensure an affordable, accept- able, available and accessible health care services for all citi- zens of the Philippines.

Sec. 8, Rule 11, Title I11 of the said Act provides that all employed pel-sons who are currently eligible members of the GSIS, SSS or OWWA under Medicare Proprani I shall imme- diately and auto~natically be made members of NHIP.

In view thereof, and in order to update the records of Inem- bership to the program, all officrals and employees of the Of- fice of the Court Administrator and the lower courts are required to accomplish in triplicate the attached MI A form (Member Data record for Employed Sector) which should be submitted to the Employee Welfare and Benefits Division within seven (7) days from receipt hereof. Said forms shall be submitted to the Philippine Health Insurance Corporation and shall be the basis for the issuance of Identifications for purposes of entitle- ment to benefits under the NHIP.

Immediate compliance is hereby enjoined

May 19, 1999.

(SGD.) ALFREDO L. BENIPAYO Court Administrator

OFFICE ORDER NO. 2-99a

SUBJECT: Allocation of Areas of Responsibility of the Deputy Court Ad~ninistrators in relation to Ad- ~ninistrative Com~laints and other matters

In the interest of the public service and pursuant to the pro-

visio~l of existing law, the Deputy Court Administrators shall attend to and handle the following miltters:

a) Inhibition

b) Petition for Change of Venue

c) Request for extension of time to conduct trial

d ) Request tor extension of time to decide a case

of Regional Trial Court Judges, Municipal Trial Court in Cit- ies Judges, Municipal Trial Court Judges and Municipal Cir- cuit Trial Court Judges falling within their assigned regions as indicated hereinatier; and

e ) administrative co~nplaints and cases filed against Judges of the Regional Trial Courts falling within their assigned regions, as follows:

1 . DCA Reynaldo L. Suarez - Regions I , 3. 5 and l l

2. DCA Zenaida N. Elepano - Regions 4. 6. 9 and 12, the Shari'a District Courts; and the Shari'a Circuit Courts; and

3. DCA Bernardo T. Ponferrada - Regions 2, 7, 8 and 10

The Court Administrator shall attend to the adniinistri~tive cornplaints and cases, inhibitions, change of venue and request with-respect to the same category of judges i n the National Capital Region.

The following guidelines shall be observed:

I . The Legal Office of the Office of the Court Adminis- trator shall continue to attend to the following ad- ministrative complaints and cases:

a. Those tiled against judges of the ,lower courts other than those above- indicated; '

b. Those filed against all lower court personnel; and

c. All adlninistrative cases arising from the judicial audit and fiscal audit conducted by the Court Man- agement Office, including those filed against the category of judges subject hereof.

2. All administrative complaints against Regional Trial Court Judges, Shari'a District Court Judges and Sharia'a Circuit Court Judges already filed but still pending evaluation m of the date ofthis issuance shall be transmitted by the Docket & Clearance Division of the L&al Office to the Office of the Deputy Court

Administrator concerned.

3. All administrative complaints shall be tiled with the Office of the Court Administrator. Complaints received by the Office of the Deputy Court Administrators or the Legal Office sl,all likewise be t'orwarded to the Office of the Court Administrator for recording/moni- toring.

4. A control number will then be assigned to each coni- plaint before the same is referred to the Deputy Court Administrator concerned and the Legal Office for appropriate action. The offices concerned shall evalu- ate these complaints and report to the Office of the Court Ad~ninistrator the reconlmended action to be taken thereon within thirty (30) days from such refer- ral.

5 . If after evaluation by the DCA, the adniinistrative com- plaint is determined to be patently without merit, a memoranduni recommending outright dismissal shall be prepared and submitted to the Court Administra- tor, together with a copy of the communication inform- ing the complainant of such action taken.

6. A co~nplaint that appears to be prima facie meritori- ous shall be transmitted to the Docket and Clearance Division of the Legal Office for assignment of I.P.I. Number after which the record of the case shall be sent back to the DCA who shall require the respon- dent to comment thereon within ten (10) days from notice.

7. Upon receipt of the commentJs, or if no comment is submitted within the prescribed period, the DCA shall evaluate the matter and prepare an Agenda Report and Recommendation to the Court.

8. All Memoranda and Agenda Reports for submission to the Supreme Court on the administrative colnplaints subject hereof shall be coursed through and with the prior approval of the Court Administrator.

This Order takes effect i~nmediately and shall remain in force until further orders. This Order a~nends Office Order No. 2-99 and other issuances.

(SGL).) ALFRED0 L. BENIPAYO Court Administrator

Judicial Excellence Awards WILJA c o n g f a t ~ l a t e s tho 1999 f l w a ~ d o c s

$of thoif o u b i c i a l 2xcollonce

Outstanding Regional Trial Court Judges

CHIEF JUSTICE CAYETANO ARELLANO AWARDEE Judge MARIO L. GUARINA Ill

RTC Branch 13, Manila

CHIEF JUSTICE MANUEL MORAN AWARDEE Judge GALICANO C. ARRIESGADO

RTC Branch 18, Cebu City

JUSTICE ROMAN OZAETA AWARDEE Judge SALVADOR S. ABAD SANTOS

RTC Branch 65, Makati City

Outstanding Metropolitan Trial Court Judge

CHIEF JUSTICE JOSE ABAD SANTOS AWARDEE Judge MARIFLOR P. CASTILLO

Metropolitan Trial Circuit, Branch 42, Quezon City

Outstanding Public Prosecutor

SENATOR AMBROSIO B. PADILLA AWARDEE Special Prosecution Officer ANTONIO T. MANZANO

Office of the Special Prosecutor Office of the Ombudsman, Manila

Outstanding Public Attorney

AWARDEE FOR JUDICIAL EXCELLENCE Atty. VICTOR R. SALUD

Public Attorney's Office, District Office Tuguegarao, Cagayan

Thank you for sending me a copy o f the maiclcn issue o f the Hoping and looking forward I'or your fi~vorable consider- 9fILJA B&th ation and approval on Iny request.

Congratulations to you and the other officers as well as the staffmembers o f thc Judiciary and the bar. I t wi l l also remind seminar participants that PHILJA cares for them even after they have attended the I'ormal sessions.

(SGD.) WlLMER M. BELTEJAR Shrl./fl 111. Co~zlor~. lscrbrlcr

(SGD.) ARTEMIO \! PAhjCANIBAN , - This court deeply thanks and appreciates your good oftice

Associcrrr Jrrrticr. Sh?;&,i/& Corrh . on- iis pruject:- "'WILJA B&W that provides us additional s :,. ,:. , l e p l infol-mation'and valuable icleas on current relevant issues

, ' o f the Supreme Court especially I'undamental Judicial concerns - inclucling prevailing jurispruclcnce.

We look forward to the PHILJA Updates to reach our end quarterly.

We have received copy o f the maiden issue o f PHILJA Bulletin, and upon reading it, we felt duty bound to send Your Again, our endless thanks and congratulations to its Editors.

Honor our most sincere congratulation for a job well done.

Indeed publication ot'this nature is o f great help to us judges (SGL).) CASlM S. BAILAN in carrying out our duties and responsibilities as dispenser o f Jrrclgr, Tli i~zl Shur.i'cr Cir-cuit Cn~rrt .justice. As for myself, I kind very helpful the List o f Supreme 5th Shtrr.i'cr Jrrcliciol l)isrrict, Pcrrcrr~g, Mcrgrri~~clcr~~cr~ Court Administrative Resolutions, Orders and Circulars as they are now numerous and there is a need for us to be reminded o f their existence. And I also find the Reminder's section very enlightening.

Our respect and admiration.

(SGD.) ADOLFO \! ENCOMIEND Judge. MTC PcrgOiltro, Qrrr:o~r

I came across and just seen a copy o f your Bulletin named "9fILJAB&tin", Volun~e I , Issue I o f January- March 1999.

The 9fILJA Buahtin is a prestigious magazine and for this, I would be very much interested in receiving free subscription o f said bulletin. Truly i t is very informative and wi l l certainly update my information and knowledge with regard to existing policies, programs, PHILJA Events, Circulars and Resolutions which is now implemented within the ambit o f the entire Judi- ciary, for its circulation to all Court Offices and employees, as the case may be.

Relative thereto, the undersigned City Sheriff earnestly re- quests your good office to send me regular copy o f your Bul- letin for my reading materials and still serve as my reference and guidance from day-to-day office activities.

I would highly appreciate receiving copies o f your valuable Bulletin.