Jurisprudence; Legal Writing; and h t d a t i o n a l

Law & - I n t e ~ t i o n aConvention.

l The padcipants
,.were .expected to enhance thgir writing skills and
analytical proficiency. They were also reminded
of the time honored principle in law and the creed
that they vowed to uphold.

The 51h Pre-Jndicature Program was held on The 2nd batch was held on June 3-40 4,2003,
March 3 to 17, 2003, at the Lotus Garden Hotel, at the Garden Plaza Hotel, Manila. A total of 61
Manila. Of the fifty-seven (57) participants who attorneys participated and came from the Court
took the Written Evaluative Exercise (WEE), thirty of Appeals, Sandiganbayan, Office of the
(30) passed and twenty-seven (27) failed. The President's Legal Office, National Labor Relations a

highest score obtained was 80 and the lowest was Commission, Employees Compensation
25. Three components make up the computation Commission, Energy Regulations Commission,
of the grade - participation, attendance, and WEE Housing Land Use and Regulatory Board, Bureau
results. The WEE, on the other hand, was of Customs, Bureau of Immigration, and Civil
composed of four essay questions on Judicial Aeronautics Board. The seminar was formally
Values, Development and Public International opened by the Chancellor of the Academy, Justice
Law, Human Rights, and Philosophy of the Law; Ameurfina A. Melencio Herrera. She stressed in
and objective questions on substantive law. The her message that continuing legal or judicial
61hPre-Judicature Program will be held on June 16 education should not be seen by participants as a
to July 11,2003, in Cebu City. The Pre-Judicature burden and a chore, but as an opportunity for
Program is MCLE compliant. improvement, as a means of knowing their
strengths and weaknesses, the opportunities that
beckon, as well as the threats that face them.

The 2nd batch of the 12'" Regional Judicial Career

Enhancenlr~itProgranl (Level 2) for Judges, Clerks of
Court, Brn~lchClerks of Court, Irlterpreters and Dockrt
Clerks of the Regional Trial Courts and First Level The 1st batch of the 13'" Regional Judicial Career
Courts of Region IV was held on April 22 to 25, Enhnncement Program (Level 2) for Judges, Clerks of
2003, at PHILJA and DAP, both in Tagaytay City. Court, Branch Clerks of Court, Interpreters and Docket
In attendance, were: 65 Judges, 130 Clerks of Clerks of the Regional Trial Courts and First Level
Court, 96 Docket Clerks, and 86 Interpreters. Courts of NCJR was held on May 20 to 23, 2003,
at the century Park Hotel, ~ a n i i aIn. attendance
were 273 Judges, Clerks of Court, Interpreters and
Docket Clerks from the RTCs and First-Level
The 1st batch of the Career Enhancement Courts of the cities of Makati, Mandaluyong and
_Programfor Attorneys of the Court of Appeals, Pasay, and the municipalities of San Juan, Tagulg
Sandiganbayan, Court of Tax Appeals and Quasi- and Pateros. On the last day, an additional 183
Judicial Bodies (MCLE Compliant) was held on May Legal Researchers, Court Stenographers, Sheriffs,
13 to 14, 2003, at the Garden Plaza Hotel, Paco and Clerks from other regions arrived.
Park, Manila. A total of 54 attorneys from the The second batch was held on June 24 to 27,
Court of Appeals, Sandiganbayan, Court of Tax 2003, at the Manila Pavillion Hotel, Manila. In
Appeals, Bureau of Customs, and LTFRB attended attendance from the cities of Caloocan, Quezon,
the two-day seminar which is MCLE Compliant. Marikina and Valenzuela, and the municipalities
It covered five (5) out of seven (7) subject areas of Malabon and Navotas were 75 judges, 92
prescribed under Bar Matter NO.850 or Mandatory Clerks of Court and Branch Clerks of Court, 75
Continuing Legal Education, namely: Legal Ethics; Interpreters, 94 Docket Clerks, 66 Legal
Alternative Dispute Resolution; Updates on Researchers, 95 Court Stenographers, and 80
Substantive and Procedural Laws, and Sheriffs, a total of 577 participants.
 June 17, 2003. The Handbook defines Caseflow
Management as the supervision of management
by the court of case events or stages in the
movement of a case through the court system from
NEWTREND IN UNDERSTANDING the point of filing to disposition. The process entails
the elimination of unnecessary time intervals or
case events, and the addition of case events for
To address the plight of women and children swift movement that will shorten the' disposition
and make the judges more aware of such, the time. Aside from the judge and the court
Philippine Judicial Academy and the University personnel, CFM also requires the participation of
Partnership and Cooperation in Development- public prosecutors, practicing lawyers, public
CIDA conducted a two-day Seminar on the N e w attorneys, and litigants.
Trend in Understanding W o m e n nnd Children, held
on May 8 to 9, 2003, at the Century Resort Hotel, The CFM Committee, chaired by Justice
Balibago, Angeles City. Ameurfina A. Melencio Herrera, P H I L I A
Chancellor, has the following members:

1 Twenty-four (24) RTC/MTCC Judges from

San Fernando, Guagua, Macabebe and Angeles
City, attended the activity. Both foreign and local
Hon. Presbitero J. Velasco, Jr.
SC Court Administrator
Hon. Zenaida N. Elepafio
lecturers were invited to expound on salient topics. SC Senior Deputy Court Adrninistrator
Prof. Devlin of Dalhousie University, Nova Scotia, Hon. Jose P. Perez
Halifax, Canada, talked on the reasons and SC Deputy Court Administrator
ultimate goals of "Social Context Education." In Hon. Christopher 0.Lock
his discussion, Prof. Devlin stressed the right of SC Deputy Court Administrator
battered women to self-defense from any violence Hon. Bernardo T . Ponferrada

1
' against them. Dr. Edna Keeble, from St. Mary's
University, Nova Scotia, Halifax, Canada, talked
t about the "Myths and Facts About Prostituted
Head, PHILjA judicial Reforms Ofice

Pasay
Hon. Vicente L. Yap
City RTC Executive judge
Hon. Pedro B. Corales
Women." Commissioner Teresita Dy-Liacco Flores
Pasay City MeTC Executive judge
lectured on "Jurisprudence, Statutes, and Laws Atty. Persida V . Rueda-Acosta
Affecting Women" while Atty. Rosa Maria T. Chief, Public Attorney's Ofice
Juan-Bautista discussed "Jurisprudence, Statutes Ms. Evelyn T . Dumdum
and Laws Affecting Children." Dr. Meredith Director, SC Project Management Ofice
Ralston, also from Nova Scotia, Halifax, Canada, Atty. Ivan John Uy
facilitated a film showing and its discussion. The C h i d SC Management Information Systems Ofice
highlight of the activity was the judges- Atty. Francisco R. Beron
participants' exposure trip to bars in Angeles City, Pasay City Chief Prosecutor
with police escorts, where they observed the Atty. Santos V. Catubay, Jr.
Governor, Integrated Bar of the Philippines
activities and demeanor of the girls and boys who
\ work in those bars.

I
CFM PILOT
TESTING
STARTS
! The pilot testing of Caseflow Management
(CFM) will be implemented in thirteen (13)
Regional Trial Courts (RTCs),four (4)Metropolitan
Trial Courts (MeTCs), and two (2) Offices of the
Clerk of Court in Pasay City on July 1, 2003. In
preparation for the activity, the Philippine Judicial
Academy, armed with the CFM Manual already
approved by Chief Justice Hilario G. Davide, Jr., CFM Briefing of the Pasay City Regional Trial Court judger

3 'I
held a briefing at the Pasay City Hall of Justice on and Metropolitan Trial Collrt l~ldges
LJ
SCOPHIL HELD12TH CONVENTION
The 12thConvention and Seminar of the Sheriffs'
Justice Antonio M. Martinez (ret.) has been re-
Confederation of the Philippines (SCOPHIL) was held
appointed as Vice Chancellor of the Philippine
on May 7 to 9, 2003 at the Department of
Judicial Academy (PHILJA) for another term of
Education EcoTech Center, Lahug, Cebu City. Out
two (2) years, commencing on April 16,2003 until
of the 614 Sheriffs who attended, 8 were from the
April 16, 2005.
Department of Agrarian Reform (DAR), 3 from
the Philippine Overseas Employment Agency Justice Diosdado M. Peralta of PHILJA's
(POEA), and 603 from the 13 regions all over the Criminal Law Department, DCA Jose P. Perez of
country. The theme of the convention was the Department of Court Management, Dean
"Upgrading Shrriffs' Azuarrnrss, Conrpetrncr and Cesar L. Villanueva of the Department of
Proficiency in the Jtlsticr Systrnr." Commercial Law, and Dean Eduardo de 10s
Angeles of the Department of Civil Law are now
Professorial Lecturers I1 at the Academy, effective
March 10, 2003.
The Is' Nationnl C o n v e n t i o n and Seminar-
Workshop for C o u r t Librarians of the Court Prof. Sedfrey M. Candelaria, Head of PHILJA's
Librarians Association of the Philippines Research and Linkages Office, is now Chairperson
(CLAPHIL) was held on June 18 to 20, 2003, at of the Department of Special Areas of Concern.
Cebl: Normal University, Cebu City. Eighteen (18)
participants attended the convention with the
theme, "Court Librarians: A Continuing Call for
Effective Research Services for the ~udiciary."
CLAPHIL was organized in June 2002 through
the initiative of the Director of the Supreme Court
Library, Mrs. Milagros Santos Ong, who is also the
Association's adviser. The Officers and Board
Members of the Association are as follows:
CLAPHlL Officers:
President: Mrs. Narnnama Lopez (Region 1)
Vice-President: Mrs. Lydia Abejuela (Region 8)
Secretary: Mrs. Anjanette Mangila (Region 7)
Treasurer: Mrs. Almyra D. Yap (Region 3)
Auditor: Ms. As~mclonNacionales (Kegion bj
PRO: Ms. Editha Gochingco (NCJR)
Board Members:
Ms. Miriam Jane Baquiran (Region 2) Cotirt Librarians with PHIL]A1sExecutive Secretary, judge
Ms. Cirila Cristeta Villena (Region 4) Priscila S. Agana and stafi during their 1st National
Ms. Petchie Porcalla (Region 5) Convention at Cebu Normal University.
Ms. Anita Deza (Region 9)
Mrs. Amparo Sy (Region 10)
Mr. Francisco Campaner (Region 11)
Mrs. Editha Tomaron (Region 12)
Mrs. Catherine Macasero (Region 13)
 RESOLUTION dated 17 June2003
(c~ontinlirdfrompngr 2 3 )
4.The Special Commercial Courts shall
have jurisdiction over cases arising
Slyrellre aCor~rt within their respective territorial
Associate JusticeVicente V. Mendoza jurisdiction with respect to the
retired as o f A p r i l 4,2003 National Capital Judicial Region and
within the respective provinces with
respect to the First to Twelfth Judicial
Corlrt of IZIppeab Regions. Thus, cases shall be filed in
Presiding Justice Cancio C. Garcia the Office of the Clerk of Court in the
appointrd as of April 9, 2003 official station of the designated Special
Associate Justice Hakim S. Abdulwahid Commercial Court;
appointd as of March 12, 2003
Associate Justice Lucas P. Bersamin 5. In the event of inhibition of the judge
appointrd as of March 12, 2003 of a designated Special Commercial
Associate Justice Rosmari Declaro Carandang Court, the following guidelines shall be
appointrd ns of March 12, 2003 observed: (a) where there is only one
Associate Justice Noel G. Tijam (1)Special Commercial Court, the case
appointed as of March 12, 2003 shall be raffled among the other judges
Associate Justice Candido V. Rivera in the station; (b) where there are two
rrtirrd as of Frbrtlnry 1, 2003 (2) Special Commercial Courts in the
Associate Justice Teodoro P. Regino station, the Executive Judge shall
rrtirrd as of April 1, 2003 immediately assign the case to the other
Special Commercial Court; and (c) i 1 1
Sanbiganbayalt case of inhibition of both judges of the
Presiding Justice Minita Chico Nazario 'Special Commercial Courts, the
appointrd as of Frbruary 26, 2003 Executive Judge shall raffle the case
Associate Justice Norberto Y. Geraldez among the judges in the station.
appointrd as of Jatztlary 21, 2003 6. In order to ensure a just and equitable
distribution of cases, the designated
Pubirint R I I B~ a r &orrl~tiI Special Commercial Courts shall
Hon. Amado L. Dirnayuga continue to participate in the raffles of
appointrd as Mrmber other cases. Provided, kolwz~rr,that the
(Profrssor of Lnw, ad interim), on March 31, 2003. Executive Judge concerned shall adopt
a procedure whereby every IP and SEC
case assigned to a Special Commercial
Court should be considered a case
raffled to it and be duly credited to
such court.
. OBITUARY
j Honorable Supreme Court Associate Justice The Court further Resolved that this
, Resolution shall take effect on the first day of
Sabino R. Dr Lvon (Rrt.)
passed away on.June 16, 2003. - . July 2003 after its publication in the
i
newspaper of general circulation not later
than 25 June 2003." Martinez, J., is on Ieave.
Very t n ~ l y)lotus,

(Sgd.) LUZVIMINDA D. PUN0

Clerk of Court
REMEDIAL LAW 1 REMEDIAL LAW (cofitinued)

Failure of appellant to submit memorandum; Requirement of notice mandatory.

ground for dismissal of appeal.
The requirement of notice under Sections 4
Rule 40, Section 7 of the 1997 Rules of Civil
and 5, Rule 15, in connection with Section 2, Rule
Procedure is a new provision. Said section is based
37 of the Revised Rules of Court, is mandatory.
on Section 21 (c) and (d) of the Interim Rules
The absence of a notice of hearing is fatal and in
Relative to the Implementation of the Judiciary
cases of motions to reconsider a decision, the
Reorganization Act of 1980 (Batas Blg. 129) with
riming of the period to appeal is not tolled by
modifications. These include the following
their filing or pendency. xxx The motion for
changes: (a) The appellant is required to submit a
reconsideration being fatally defective for lack of
memorandum discussing the errors imputed to the
notice of hearing cannot be cured by a belated
lower court within 15 days from notice, and the
filing of a notice of hearing. (Carpio-Morales, I.,
appellee is given the same period counted from
National Commercial Bank of Saudi Arabia v.
receipt of the appellant's memorandum to file his
Court of Appeals & Philippine Banking
memorandum; (b) The failure of the appellant to
Corporation, GR 124267, January 31, 2003)
file a memorandum is a ground for the dismissal
of the appeal.
Proceedings for indirect contempt; how
Rule 40, Section 7 (b) provides that, "it shall be initiated; abuse of the processes of the court;
the duty of the appellant to submit a principal party to disclose pendency of another
memorandum" and failure to do so "shall be a action; willful and deliberate forum-shopping.
ground for dismissal of the appeal." (Quisumbing,
I., Melba Moncal Enriquez v. Court of Appeals and Section 4, Rule 71 of the 1997 Rules of Civil
Victorina Tigle, GR 140473, January 28, 2003) Procedure p rovides that proceedings for indirect
contempt must be initiated either motti proprio by
State witness, testimony of proposed State the court or by verified petition with supporting
witness may be validly presented at the hearing particulars and certified true copies of documents
for his discharge. or papers involved therein. Courts are vested with
Rule 119, Section 17 of the Revised Rules of the power to penalize a party for filing an action
Criminal Procedure provides that the trial court raising the same basic issue while one is still
may direct one or more of the accused to be pending or already disposed of which the same
discharged with their consent so that they may party has filed in another court. Such an act is
be witnesses for the State after requiring the deemed an abuse of the processes of the court. To
prosecution to present evidence and the sworn curb and punish such abuses, courts are vested
statement of each proposed State witness at a with the power to declare the guilty party in
hearing in support of the discharge. The provision contempt. A counsel who participates in such
does not make any distinction as to the kind of abuse of court processes can also be held in
evidence the prosecution may present. What it contempt. Courts should be informed of the
simply requires in addition to the presentation of pendency of similar proceedings because of the
the sworn statement of the accused concerned is harsh penalties the law prescribes for non-
the presentation of such evidence that is necessary compliance. As provided in Section 5, Rule 7,
to determine if the conditions exist for the failure to comply may cause one to be declared in
discharge, so as to meet the object of the law which indirect contemvt. Moreover, if the non-
is to prevent unnecessary or arbitrary exclusion compliance is willful and deliberate, then such
from the complaint of persons guilty of the crime person may even be declared guilty of direct
charged. No exemption from the term evidence is contempt of court. The same section specifically
provided by the law as to exclude the testimony of mandates that either the plaintiff or principal
the accused. When the law does not distinguish, party filing the initiatory pleading must disclose
we should not distinguish. (Yliarrs-Santiago, I., to the court the pendency of another proceeding
People v. Hon. Nazar Chaves, GR 131377, concerning the same case.
February 11, 2003)
/
1
R E M E D I A L LAW (continued) 1 C R I M I N A L LAW (continued)

i
;
Also, as stated in Section 5 of Rule 7, if the acts directed not against particular individuals, but
i of the party or his counsel clearly constitute willful against public order. The legislature used its
i and deliberate forum-shopping, the same shall be p reroga tive to p enalize certain acts mentioned in
i ground for summary dismissal with prejudice and P.D. 651 in order to develop a reliable source of
1 shall constitute direct contempt as well a s statistics necessary for the development of the
j administrative sanctions, x x x and even if the health and social programs of the government
1 party or IS counsel did not sign the certification (Panganiban,J., Rosario D. Adrian v. Judze
of forum-shopping, if from the circumstances one Francisco D. Villanueva, AM MTJ-99-1232,
can infer a willful and deliberate attempt to mislead February 19, 2003)
i the courts, he can still be held in direct contempt.
i: (Cnrpio, J., Tomas R. Leonidas v. Judge ~rancisco Application for bail; notice to prosecution
i
G. Supnet, AM MTJ -02-1433, February 21, 2003) necessary.

Pre-trial; absence of prosecution witnesses not Under Section 4, Rule 15 of the Revised Rules
valid ground for dismissal. of Court, notice of application for bail to
prosecution is necessary. It is only when the
Under RA 8493, the absence during pre-trial information was filed with the corresponding
of any witness for the prosecution listed in the recommendation for bail that notice to prosecutor
information, whether or not said witness is the is no longer necessary, unless bail is a matter of
offended party or the complaining witness, is not discretion and not a matter of right. The
a valid ground for the dismissal of a criminal case. prosecution's recommendation in the information
Although under the law, pre-trial is mandatory is sufficient basis for the grant of bail. (AM OCA
in criminal cases, the presence of the private IPI No. 02-1436-RTJ, Manuel Magbanua v. Judge
complainant or the complaining witness is, Novato Cajigal, March 3, 2003)
however, not required. Even the presence of the
accused is not required unless directed by the trial
court. It is enough
- that the accused is represented
ELECTION LAW
by his counsel.
/ conduct
Preliminary investigation; power of Comelec to
preliminary investigation of election
Even if none of the witnesses listed in the
: informa tion for the State appeared for the pre-trial, offenses.
r the same can and should proceed. After all, the
public prosecutor appeared for the State. The The Comelec has the exclusive power to
public prosecutor is vested with authority to conduct preliminary investigation of all election
;
: consider those matters catalogued in Section 2 of offenses punishable under the election laws and
RA 8493. (Callejo, J., People v. Hon. Judge Patemo to prosecute the same except as may otherwise be
] provided by law. The Chief State Prosecutor, all
j Tac-an and Mario Austria, GR 148000, February
27, 2003). Provincial and City Prosecutors, or their respective
assistants are, however, given continuing
authority, as deputies of the Comelec, to condllct
a CRIMINAL LAW preliminary investigation of complaints involving
election offenses and to prosecute the same. This
Section 9 of P. D. 651 refers to acts that are mala authority may be revokid or withdrawn by the
prohibita. Comelec anytime whenever in its judgment such
revocation or withdrawal is necessary to protect
It is a settled doctrine that the legislature has the integrity of the Comelec and to promote the
the power to forbid certain acts in a limited class common good, or when it believes that the
of cases and to make their commission criminal successful prosecution of the case can be done by
without regard to the intent of the doer. Laws the Comelec. (Davide, J., Comelec v. Hon. Lucenito
defining crimes as mala prohibita condemn behavior Tagle, GR 148%8, February 17, 2003).
CIVIL LAW CIVIL LAW (continued)
Damages; nominal damages; purpose of the When an obligation, not constihlting a loan
award. or forbearance of money, is breached, an
interest on the amount of damages awarded
Nominal damages may be awarded to a may be imposed at the discretion of the court
17laintiff whose right has been violated or invaded at the rate of 6% per annum. No interest,
by the defendant for the purpose of vindicating however, shall be adjudged on unliquidated
or recognizing that right, and not for indemnifying claims or damages except when or until the
the plaintiff for any loss suffered by him. Its award demand can be established with reasonable
is thus not for the purpose of indemnification for certainty. Accordingly, where the demand
a loss, but for the recognition and vindication of is established with reasonable certainty, the
a right. Nominal damages are damages in name interest shall begin to run from the time the
only and not in fact. When granted by the courts, claim is made judicially or extrajudicially
they are not treated as an equivalent of a wrong (Art.1169, Civil Code); but when such
inflicted, but simply a recognition of the existence certainty cannot be so reasonably established
of a technical injury. A violation of the plaintiff's at the time the demand is made, the interest
right, even if only technical, is sufficient to shall begin to run only from the date the
support an award of nominal damages. judgment of the court is made (at which
(Mrndozrz, I., Rommel P. Almeda v. Leonor A. time the quantification of damages may be
Cariiio, et al., GR 152143, January 13, 2003) deemed to have been reasonably
ascertained). The actual base for the
Interests; proper interest on amounts due. computation of legal interest shall, in any
case, be on the amount finally adjudged.
In Eastern Shipping Lines v. Court of Appeals,
the Supreme Court formulated the following rules
3. When the judgment of the court awarding
in the grant of interest on amounts due:
a sum of money becomes final and
"I. When an obligation, regardless of its source, executory, the rate of legal interest, whether
i.e., law, contracts, quasi-contracts, delicts, or the case falls under paragraph 1 or
quasi-delicts, is breached, the contravenor can be paragraph 2 above, shall be 12%per annum
held liable for damages. The provisions umder Title from such finality until its satisfaction, this
XVIII on 'Damages' of the Civil Code govern in interim period being deemed to be by then
determining the measure of recoverable damages. an equivalent to a forbearance of credit."

"11. With regard particularly to an award of (Austria-Martinez, I., Conrado M. Vicente et al. v.
interest in the concept of actual and compensatory Planters Development Bank, et al., GR 136112,
damages, the rate of interest, as well as the accrual January 28, 2003)
thereof, is imposed as follows:
Contract of loans; kinds of; commodatum;
When the obligation is breached, and it mutuum.
consists in the payment of a sum of money,
i.e., a loan or forbearance of money, the Article 1933 of the Civil Code distinguishes
interest due should be that which may have between the kinds of loans, i.e., commodatum and
been stipula ted in writing. Furthermore, mutuum. By the contract of loan, one of the parties
the interest due shall itself earn legal interest delivers to another either something not
from the time it is judicially demanded. In consumable so that the latter may use the same
the absence of stipulation, the rate of for a certain time and return it in which case the
interest shall be 12% per annum to be contract is called commodatum; or money or other
computed from default, i.e., from judicial consumable thing, upon the condition that the
or extrajudicial demand under and subject same amount of the same kind and quality shall
to the provisions of Article 1169 of the Civil be paid in which case the contract is simply called
Code. a loan or mutuum. Commodatum is essentially
 CIVIL. LAW (contintled) 1 REMEDIAL LAW (contitu*ed)
1
C
grah~itous.Simple loan may be gratuitous or with 1 Interdiction against warrantless searches and
4
i
a stipulation to pay interest. In conlnlodntiinl the seizures not absolute; exceptions; plain view
; bailor retains the ownership of the thing loaned doctrine.
while in simple loan owiership passis to the
1 borrower. The said provision implies that if the The interdiction against warrantless searches
i subject of the contract is consrlmable xxxx the and seizures is not absolute. The recognized
jurisprudence are: ('1
1 contract is nlutuunl. However, there are instances exceptions established
Search of moving vehicles; (2) Seizure in plain
i
1
where a conlnlodntiinr has for its obiect a
consLlmablething. Article 1936 of the civil Code view; (3) Customs search; (4) waiver or consented
i; provides that goods may be the sLlbject search; (5) Stop and frisk sihlation search);
! of conlslodnfL~nl if the purpose of the contract is (6) Search incidental to lawful arrest; and ( 7 )
1 not the consrlmpt~onof the object, as when it is Search made pursuant to route airport security
merely for exhibition. Thus, if consumable goods procedure under Section 9 of RA 6235.
i
j are loaned only for purposes of exhibition or when Under the "plain view" doctrine, unlawful
the intention of the parties is to lend consumable objects within the plain view of an officer who
1
1 goods and have the very same goods rehlmed has the right to be in the position to have that view
i at the end the period agreed upon, the loan is a are subject to seizure and may be presented in
conlnlodnttinl and not a nl tittilinl. The rule is that evidence, ~ ~ ~the seizure
~ ~ evidence
of h in~ l ~
the intention of the parties thereto shall be accorded plain view must with the following
f
1 primordial consideration in determining the achlal requirements: (a) prior valid intrusion in
character a con tract. In case daub t, the the police are legally present in the pursuit of their
' and snbsequent acts the official duties; (b) f i e evidence was inadvertently
/ parties shall be considered in such determination.
(Cnllrjo, I., Producers Bank of the Philippines v.
discovered by the police who had the rig-,t to be
where they are; (c) ~h~ evidence must be
i
i Court of Appeals and Franklin Vives, GR 115324, immediately apparent; and (dl ~h~ plain view
j February 19, 2003) justified mere seizure of evidence without further
, search. (Dnvidr, Jr., CJ., People of the Philippiros
1 REMEDIAL LAW v. Abdul Macalaba y ~ i ~ a ~GR
Janurary 20, 2003)
o n146284436,
,

j Specific denial; modes of. Motion to dismiss; when filed; exception; litis
pendentia
Section 10, Rule 8 of the 1997 Rules of Civil
Procedure, as amended, contemplated three The requirement that a motion to dismiss
modes of specific denial: (1) By specifying each should be filed within the time for filing the answer
material allegation of the fact in the complaint, is not absolute. Even after filing the answer has
the truth of which the defendant does not admit, been filed, a defendant can still file a motion to
and whenever practicable, setting forth the dismiss on the following grounds:
substance of the matters which he will rely upon 1. Lack of jurisdiction;
to support his denial; (2) By specifying so much 2. Litis prnlirntin;
of an averment in the complaint as is true and 3. Lack of cause of action; and
material and denying only the remainder; and (3) 4. Discovery during trial of evidence that
By stating that the defendant is without would constitute a ground for dismissal.
knowledge or inforrnation sufficient to form a
belief as to the truth of a material averment in the Litis prn&iztin is also one of the grounds that
complaint which has the effect of a denial. authorize: a court to dismiss a case il~otzryroprio.
(Sandoval-Gutierwz, I., Spouses Napoleon L. Gaza, Litis peildriltin as a ground for the dismissal of a
et al. v. Ramon Lim and Agnes Lim, GR 126863, civil action refers to that situation wherein another
January 16, 2003) action is pending between the same parties for the
(Corif~riricd
or1 ) ~ c '/~n,yc9
~t
REMEDIAL LA W (continrted)
same cause of action and that the second action
I judge violated the Rule. Section 12(b) of the Rule
becomes unnecessary and vexatious. To determine provides that the court shall issue an order
which case should be dismissed, the following requiring the accused to submit his counter -
factors should be considered: affidavits and those of his witnesses not later than
10 days from receipt of said order. Section 19 (e)
1. Date of filing with preference generally given of the same Rule also provides that a motion for
to the first action filed to be retained; extension to file affidavits is prohibited. These
2. Whether the action sought to be dismissed provisions are mandatory . eandoval-Gutirrrrz, I.,
was filed merely to preempt the latter action Bobby Carriega v. Municipal Judge Romeo
or to anticipate its filing and lay the basis Anasario, AM MTJ-02-1403, February 3, 2003)
for its dismissal, and
3. Whether the action is the appropriate vehicle Testifying against a co-defendant no need to
for litigating the issues between the parties. discharge him first as State witness.
(Carpio, I., Carmelita T. Panganiban v. Pilipinas It is true that an accused cannot be made a
Shell Petroleum Corporation, GR 131471, January hostile witness for the prosecution for to do so
22, 2003) would compel him to be a witness against himself.
However, he may testify against a co-defendant
Child witness; requirements of a child's where he has agreed to do so with full knowledge
competence as a witness. of his right and the consequences of his acts. It is
The Supreme Court has held that a witness is not necessary that the court discharges him first
not incompetent to give testimony simply because as State witness. There is nothing in the rules that
he or she is of tender age. The requirements of a say so. There is a difference between testifying as
child's competence as a witness are: (1) Capacity State witness and testifying as a co-accused. In
of observation, (2) Capacity of recollection, and the first, the proposed State witness has to qualify
(3) Capacity of communication. It is the degree as witness for the State, after which he is
of a child's intelligence that determines the child's discharged as an accused and exempted from
competence as a witness. If the witness is prosecution. In the second, the witness remains
sufficiently matttre to receive correct impressions an accused and can be made liable should he be
by his senses, to recollect and narrate intelligently found guilty of the criminal offense. (Yn'arrs-
and to appreciate the moral duty to tell the tntth, Santiago, I., People v. Hon. Nazar Chaves, et al.,
he is competent to testify. A minor's testimony GR 131377, February 11, 2003)
will suffice to convict a person of a crime so long
as it is credible. Execution pending appeal; appellate court, not
trial court, determines dilatory intent of an
The determination of a child's intellectual appeal.
preparedness to be a witness rests primarily with
the trial judge, who assesses the child's manners, international School v. Court of Appeals
his apparent possession or lack of intelligence, as upheld the authority of the appellate court to pass
well as his understanding of the obligation of an upon the issue of whether an appeal is frivolous
oath. (Quistinlbing,I., People of the Philippines v. and dilatory. Thus, a trial court has no power to
Willerie Avendaiio, GR 137407, January 28,2003) order an execution pending appeal on that ground.
Also in Philippine Bank of Communication v.
Rules on Summary Procedure; filing of counter- Court of ~ ~ ~ e athel sSupreme
, Court explained
affidavit within 10 days mandatory. that an execution pending appeal may be allowed
only upon a showing of good reason such as the
The Revised Rule on Summary Procedure was impending insolvency of the adverse party or the
promulgated specifically to achieve an expeditious patently dilatory intent of the appeal. (Panganiban,
and inexpensive determination of cases. In I., Philippine Nails and Wires Corp. v Malayan
allowing the submission of the accused's counter- Insurance Company, Inc., GR 143933, February
affidavits after 130 days from notice, respondent 14. 2003).
f REMEDIALLAW(continred) CRIMINAL LAW
f
2 15-day period for filing an appeal; prohibition Prejudicial question; definition of.
i against the filing of a motion for extension of
i time to file a motion for new trial or A prejudicial question is defined as that which
! reconsideration; the Habaluyas doctrine. arises in a case, the resolution of which is a logical
antecedent of the issue involved therein and the
i In a long line of cases, the Supreme Court cognizance of which pertains to another tribunal.
i
] reiterated the Habaluyas doctrine which made two The prejudicial question must be determinative of
significant pronouncements: (1) That the 15-day the case before the court, but the jurisdiction to
$
: period for filing an appeal is non-extendible, and try and resolve the question must be lodged in
(2) That there is a prohibition against the filing of another court or tribunal. It is a question based
; a motion for extension of time to file a motion for on a fact distinct and separate from the crime, but
j new trial or reconsideration in all courts except so intimately connected with it so as to determine
i the Supreme Court. It was pointed out that neither the guilt or innocence of the accused. For a civil
i jurisprudence nor the procedural rules provide for action to be considered prejudicial to a criminal
i an exception. (Azcuna I., Rafael Amatorio v. People case as to cause the suspension of the criminal
i of the Philippines, GR 150453, February 14, 2003) proceedings until the final resolution of the civil
action, the following requisites must be p resent:
Service of notice to counsel; address of record. (1)The civil case involves facts intimately related
to those upon which the criminal prosecution
As a rule, where a party appears by attorney would be based; (2) In the resolution of the issue
in an action or proceeding in a court of record, all or issues based in the civil action, the guilt or
notices or orders required to be given therein must innocence of the accused would necessarily be
be given to the attorney of record, and, unless the determined; and (3) Jurisdiction to try said
counsel files a notice of change of address, his question must be lodged in another tribunal.
official address remains to be that of his address (Yn'ares-Santiago,I., People v. Rafael Jose Consing,
of record. Although some attorneys maintain more Jr., GR 148193, January 16, 2003)
than one office, only the one given by them in their
appearance should be considered his address of Concepts of "stop-and-frisk" and of a search
record for that particular case. (Mendoza, I., incidental to a lawful arrest.
National Power Corporation v. Hon Paterno Tac-
an, et al., GR 155172, February 14, 2003) In Malacat v. Court of Appeals, the Supreme
Court distinguished the concepts of a "stop and
: Filing of Memorandum not indispensable in the frisk " and of a search incidental to a lawful arrest,
resolution of cases. to wit:
The filing of the Memorandum containing the At the outset, we note that the trial
summary of issues litigated and proved is not court confused the concepts of a "stop and
indispensable in the resolution of pending cases. frisk" and of a search incidental to a lawful
It is respondents' obligation as a trial judge to take arrest. These two types of warrantless
down notes during the trial to assist him in the searches differ in terms of the requisite
prompt disposition of the cases without awaiting quantum of proof before they may be
and relying on the Memoranda of the Parties (Puno, validly effected and in their allowable
I., Office of the Court of Administrator v. Judge scope.
Franscisco Joven, AM RTJ-01-1646, March In a search incidental to a lawful
11,2003) arrest, as the precedent arrest determines
the validity of the incidental search, the
legality of the arrest is questioned in a large
majority of these cases, e.g., whether an
arrest was merely used as a pretext for
(Continued on next p a p
C R I M I N A L LAW (corltinlred)
'
conducting a search. In this instance, the general interest of effective crime prevention and
law requires that there first be arrest before 1 detection, which underlies the recognition that a
a search can be made - the process cannot 1 police officer may, under appropriate
be reversed. At the bottom, assuming a circumstances and in an appropriate manner,
valid arrest, the arresting officer may approach a person for purposes of investigating
search the person of the arrestee and the 1 possible criminal behavior even without probable
area within which the latter may reach for cause; and (2)The more pressing interest of safety
a weapon or for evidence to destroy, and and self-preservation which permit the police
seize any money or property found, which officer to take steps to assure himself that the
was used in the commission of the crime, person with whom he deals is not armed with a
or the fruit of the crime, or that which may deadly weapon that could unexpectedly and
be used as evidence, or which might fatally be used against the police officer.(E~nphnsis
furnish the arrestee with the means of otirs)
escaping or committing violence.
XXX XXX XXX
(YCnrrs-Snrztingo, I., People v. Binad Sy Chua, GR
136066-67, February 4, 2003)
We now proceed to the justification for
and allowable scope of a "stop and frisk" Aggravating and qualifying circumstances must
as a "limited protective search of outer be expressly & specifically alleged in the
clothing for weapons," as laid down in complaints or information.
Terry, thus:
The Revised Rule on Criminal Procedure,
We merely hold today that where a
which took effect on December 1, 2000, now
police officer observes unusual conduct
require that the aggravating as well as the
which leads him reasonably to conclude, in
qualifying circumstances be expressly, and
light of his experience, that criminal activity
specifically alleged in the complaint or
may be afoot and that the persons with
information. Otherwise, they cannot be
whom he is dealing may be armed and
presently dangerous, where in the course of ( considered by the trial court e"en if they are
subsequently proved during the trial. (~n,z~n;ziban,
investigating this behavior he identifies
himself as a policeman and makes
I., People v. Jose Casitas, Jr., GR 137404, February
14, 2003).
reasonable inquiries, and where nothing in
the initial stages of the encounter serves to
Factors to be considered in fixing the amount
dispel his reasonable fear for his own or
of bail in criminal cases; amount of bail should
others' safety, he is entitled for the protection
be reasonable at all times.
of himself and others in the area to conduct
a carefully limited search of the outer
Section 9, Rule 114 of the Rules of Court
clothing of such persons in an attempt to
provides that in fixing the amount of bail in
discover weapons which might be used to
criminal cases, judges shall primarily consider the
assault him. Such a search is a reasonable
following factors: (a) Financial ability of the
search under the Fourth Amendment.
accused; (b) Nature and circumstances of the
Other notable points of Terry are that while offense; (c) Penalty for the offense charged; (d)
probable cause is not required to conduct a "stop Character and reputation of the accused; (e) Age
and frisk." it neverthelessholds that mere suspicion and health of the accused; (f) Weight of the
or a hunch will not validate a "stop-and -frisku. evidence against the accused; (g) Probability of
A genuine reason must exist, in light of the police the accused appearing at the trial; (h) Forfeiture
officer's experience and surrounding conditions, of other bail; (i) The fqct that the accused was a
to warrant the belief that the person detained has fugitive from justi&^ when arrested; and ( j )
weapons concealed about him. Finally, a "stop- Pendency of othe'ib&s h & e the accused is on
and frisk" serves a two-fold interest: (1) The bail.
CRIMINAL LAW (contintred) CONSTITUTIONAL LAW
The amount of bail should be reasonable at all Eminent domain; concept of public use.
times. Excessive bail shall not be required. In
It is now settled doctrine that the concept of
implementing this mandate, regard should be
public use is no longer limited to traditional
taken of the prisoner's pecuniary circumstances.
purposes. Here, as elsewhere, the idea that "public
That which is reasonable bail to a man of wealth
use" is strictly limited to clear cases of "use by the
may be unreasonable to a poor man charged with
pu~blic"has been abandoned. The term "public
a like offense. (Qtiistimbing,I., Modesto Magsucang
use" has now been held to be synonymous with
v. Judge Rolando V. Balgos, et al., AM MTJ-02-
"public interest," "public benefit," "public
1427, February 27, 2003)
welfare," and "public convenience" (Puno, I.,
Marina Z. ~ e ~ eets al. , v. National ~ o u s i &
Duties of a judge when an application for bail
Authority, GR 147511, January 20, 2003)
is filed.

In Basco v. Rapatalo, the Supreme Court laid

down the following rules outlining the duties of a
LABOR LAW
judge when an application for bail is filed: Regular employees; work seasonal in nature.
(1) Notify the prosecutor of the hearing of For respondents to be excluded from those
the application for bail or require him to classified as regular employees, it is not enough
submit his recornmendation. that they perform work or services that dre
seasonal in nature. They must also have been
(2) Conduct a hearing of the application for employed only for the duration of one season. The
bail regardless of whether or not the evidence proves the existence of the first, but not
prosecutor refuses to present evidence of the second condition. The fact that respondents
to show that the guilt of the accused is repeatedly worked as sugarcane workers for
strong for the purpose of enabling the petitioners for several years is not denied by the
court to exercise its discretion. latter. Evidently, petitioners employed respondents
for more than one season. xxx respondents having
(3) Decide whether the evidence of guilt of performed the same tasks for petitioners every
the accused is strong based on the
season for several years are considered the latter's
summary of evidence of the prosecution.
regular employees. Petitioner's refusal to use their
(4) If the guilt of the accused is not strong, services even if they were ready, able and willing
discharge the accllsed upon the approval to perform their usual duties xxx and hiring of
of the bail bond. Otherwise, petition other workers to perform the tasks originally
should be denied. asigned to them amounted to illegal dismissal.
(Pnngnnibnn,I., Hacienda Fatima, et al. v. Natinllal
Based on said procedyre qnd reqyjremepts, Federa tion of Sugarcane Workers-Food ancj
after the hearing, the coyrf's order granting or General Trade, GR 149440, January 28, 2003)
refusing bail must contain a summary of the
evidence for the prosecution. A summary is
defined as a comprehensive and usually brief ADMINZSTRATIVE LAW
abstract or digest of a text or statement. Based on
the summar; of evidence, the judge formulates Negligeqga canmt be presumed; it has to be
his own conclus~onon whether such epidence is proven.
strong enough to indicate the guilt of the accused. It is a sek.tSkd rule thgt "negligence cannot be
(Yriares-Santiago,I., Rosalia Docena-Caspe v. Judge presumed; i&has lo be qrovep. In the absence of
Arnulfo 0. Bugtas, AM RTJ-03-1767, March 28, my shred deviQpnce thereof, respondents gravely
2003) abused their discretion in finding petitioner
negligent.
(Cantin u d an pnge 1 7 )
SUPREME COURT
EN BANC - A.M. No. 99-12-08-SC (Revised)
I 2) Administrative cases involving, relating to,
or calling for,
REFERRAL OF ADMINISTRATIVE MATTERS
AND CASES TO THE DIVISIONS OF THE (a) The discipline of judges, officials, and
COURT, THE CHIEF JUSTICE, AND TO THE personnel of the Judiciary: Providrd,
CHAIRMEN OF THE DIVISIONS FOR however, that if the penalty to be
APPROPRIATE ACTION OR RESOLUTION imposed is dismissal from the service,
suspension for more than one (1) year,
WHEREAS, a considerable number of or fine of more than P20,000, the
administrative matters or cases are still referred to Division concerned shall refer the case
the Court En Bnrlc for disposition, determination, to the Court E n Bnnc for final
or resolution; determination or resolution;
WHEREAS, to relieve the Court En Bmc from (b) The preventive suspension from the
the additional burden which such matters or cases service of judges and court personnel
impose, and for it to have more time for judicial during the pendency of their
cases which require lengthy careful deliberations, administrative cases;
administrative matters or cases shall be assigned
to the Divisions of the Court, to the Chairmen of (c) The discipline of members of the
the Divisions, or to the Chief Justice alone; Philippine Bar: Provided, however, that
if the penalty to be imposed is
NOW, THEREFORE, the Court hereby disbarment, indefinite suspension,
RESOLVES: suspension for more than one (1) year,
or i i n e of more than ~20,000-the
I. To REFER to the Divisions for their appropriate Division concerned shall refer the case
action or resolution, on behalf of the Court En to the Court Etz B R ~ Cfor final
Banc, the following: determination or resolution; and
1) Administrative matters relating to, or in (d) Any other administrative matter which
connection with, the Division concerned has resolved to
(a) Inhibition of judges; consider as an administrative case,
subject to the proviso in 2)(a) above.
(b) Extension of time to decide cases;
11. To REFER to the Chairmen of the Divisions
(c) Transfer of venues;
for their appropriate action or resolution, for
(d) Compulsory, optional, or disability and in behalf of the Court En Banc,
retirement of judges and court personnel; administrative matters relating to, or in
and any matter arising therefrom, such connection with,
I
as wi't'nhoiding cji portion oi retirement
(a) Appointment and revocation or renewal
benefits, conflicting claims of heirs, and
of appointments of regular (including
application for survivorship benefits;
coterminous), temporary, casual, or
(e) Reports on financial and judicial audits; 1 '
contractual personnel in the Supreme
(f) Reports on burning or destruction of Court, Court of Appeals, Sandiganbayan,
Court of Tax Appeals, the Lower Courts
court records; and
(including the Sharia'h courts), the
(g) Cases left undecided by retired or Philippine Judicial Academy (PHILJA),
promoted judges. and the Judicial and Bar Council (JBC);
The Division concerrred may order officers and members of existing
the conversion into an administrative committees; and consultants;
case any of the foregoing-matters or cases @) tktails of judges and court personnel or
which in its judgment may properly be &be recall or revocation thereof: hvided,
treated as an administrative case. however, that the designation or
EN BANC- A.M. No. 99-12-08-SC(Revised)(continued)

assignment of an incumbent judge as

I (c) Purchase of supplies, furniture, vehicles,
acting Presiding Judge of a vacant court and equipment, including computers and
or as assisting judge of another judge, in their accessories or p araphernalias; and
addition to the regular duties of his own approval or disapproval of claims for
court, or the recall or revocation of such payment therefor;
designation or assignment may be done by
(d) Awards of contracts for the supply of
the Chief Justice alone;
services, such as security, janitori31,
(c) Creation of additional regular committees, photocopying services, operation of the
nd lzoc committees, task forces, or similar canteen, and other allied or incidental
bodies; and appointment of the officers services;
and members thereof, or the revocation or
recall of such appointment; (e) Approval of requests for payment of
electric, telephone and water bills, and bills
(d) Extension of service of court officials or for the services mentioned in the
personnel after reaching the compulsory immediately preceding item;
age of retirement;
( f ) Requests for the repair of Halls of Justice
(e) Resignations of officials and employees of and approval of claims for payment
the Judiciary, or their transfer to other therefor;
branches, agencies or instrumentalities of
the Government; (g) Disposal of old records and unserviceable
vehicles, equipment, computers, and the
(f) Dropping from the roll personnel who are like;
absent without leave;
(h) Domestic travel of officials and personnel
(g) Withholding of salaries and other benefits of the Judiciary; and
of court personnel, or the subsequent
release thereof, as may be recommended (i) Such other matters where the decisio~,
by the Court Administrator or the Clerk action, or resolution thereon or approval
of Court, as the case may be; and thereof is vested in the Chief Justice by the
Constih~tion,by law, by the Court En Bn~lc,
(h) Foreign travels of Justices of the Court of
by resolutions of the Constitutional Fiscal
Appeals and the Sandiganbayan, Judges
Autonomy Group (CFAG), or by this
of the Court of Tax Appeals and the
revised Resolution, such as, the
Lower Courts, and the officials and
augmentation of items in the budget from
personnel of such courts; and the recall or
savings in other items thereof, re-
revocation of the travel authority granted,
alignment of the budget allocation of the
as well as any matter arising from such
continuing appropriation of the Court
travel authority or its recall or revocation.
(the Fiscal Autonomy Account), or the
administration of the Judiciary
111. To REFER to the Chief Justice for appropriate
Development Fund (JDF),or those which
action or resolution, for and in behalf of the
are traditionally vested in the Chief Justice
Court En Banc, administrative matters relating
as head of the Judiciary.
to, or in connection with,
(a) Recommendations for the detail of All other administrative matters or cases which
personnel from one office, division, or are either expressly declared above to be cognizable
section in the Supreme Court and the by the Court EII Bnrlc or are not covered by the
Office of the Court Administrator to foregoing referrals shall be acted upon or resolved
another office, division, or section; by the Court EJI Bnltc. The Chief Justice may
likewise refer to the Court En Bnr~cfor its action or
(b) Rendition of overtime services and fixing
resolution any other matter which, in his opinion,
of overtime compensation; should be resolved by it.
EN BANC- A.M. No. 99-12-08-SC (Revised) (contin1rc.d)

IMPLEMENTING GUIDELINES
~
1 such matters may be acted upon or resolved
by the Chief ~usticealone or chairmen of the
To effectively and efficiently carry out the
Divisions, the Chief Justice shall act on them
foregoing referral system, the following guidelines
alone, or submit them to the Chairmen of the
are hereby adopted:
Divisions for appropriate action as the case
1.Theforegoing rule on referral, notwithstanding may be.
any of the administrative cases or matters
5. Any report or memoranda submitted by any
which had been referred to the Court En Bnnc
official of the Judiciary required to make a
prior to the date of effectivity of this revised
study or evaluation or conduct an
Resolution, shall remain in the En Bnnc until
investigation or submit recommendation
they are finally disposed of.
relative to the matters or cases assigned to the
2. New administrative matters or cases yet to be Division or the En Bnnc should be directly
filed with the Court and originating from the forwarded to or filed with the Clerk of Court
Office of the Court Administrator, the Court of the Division concerned or to the Clerk of
of Appeals, the Sandiganbayan, the Court of Court of the Court En Bmc, as the case may
Tax Appeals, the Lower Courts, and other be, for inclusion in the agenda of the Division
agencies of the Government should be or E n Banc for its meeting immediately
forwarded, transmitted to, or filed with, the following receipt by the Clerk of Court
Clerk of Court of the Supreme Court. The concerned of the report or memoranda. These
latter shall forthwith determine whether the should not be filed with the Office of the Chief
cases or matters are, pursuant to the above Justice.
rules on referral, cognizable by the Divisions
6. Pleadings filed by the parties in any pending
of the Court or by the Court En Banc; assign
administrative case or matter shall be filed in
them a docket number; and submit them to
like manner as pleadings in judicial cases or
the Raffle Committee concerned for their raffle
matters and forthwith transmitted to the
among the Members of the Court. These
Division concerned or the Court En Bnnc.
matters or cases shall thereafter be included
in the agenda of the Division concerned or the 7. The papers on matters which the Chairmen
Court En Bnnc, as the case may be, for its of the Divisions or the Chief Justice alone, as
meeting immediately following the raffle. the case may be, has acted upon or resolved
shall be transmitted either to-(a) the office or
3. Matters which are, by this referral system, to
official concerned, copy furnished the Clerk
be referred to the Chairmen of the Divisions
of Court, or (b) the Clerk of Court, who shall
or to the Chief Justice alone must forthwith
forthwith transmit them to the concerned
be forwarded to the Office of the Chief Justice
office or official, or implement them, if
for appropriate action.
necessary and called for.
4. Administrative matters or cases directly filed
with the Office of the Chief Justice may be The provisions of previous Circulars,
indorsed by the Chief Justice, for such purpose resolutions, or orders inconsistent herewith are
as he may determine, to (a) the Office of the deemed repealed or modified accordingly.
Court ~dministratorif they involve judges
This Revised Resolution shall take effecton the
and personnel of the Court of Tax Appeals
1" day of May 2003.
and the Lower Courts; (b) the Clerk of Court
of the Supreme Court if they involve officials Promulgated this 22"" day of April 2003.
and personnel of the Supreme Court and the
Office of the Court Administrator; and (c) the (Sgd.) DAVIDE, JR.,CJ, BELLOSILLO, PUNO,VITUG,
Presiding Justices of the Court of Appeals and PANGANIBAN, QUISUMBING(ON OFFICIAL LEAVE),
YQARES-
the Sandiganbayan, as the case may be, if they SANTIAGO, SANDOVAL-GUTIERREZ, CARPIO,AUSTRIA-
involve officials and personnel of their MARTINEZ, CORONA,CARPIO-MORALES, CALLEJO,
SR.,
respective courts: Providrd, however, that if AZCUNA, JJ.
SUPREME COURT I
EN BANC A. Civil Cases:
X X X
A. M. No. 00-ll-01-SC
B. Criminal Cases:
RE: AMENDMENTTO THE 1 X X X

RULE ON SUMMARY PROCEDURE

OF CRIMINALCASES 4. Violations of Batas Pambansa Bilanq
TO INCLUDE WITHIN ITSCOVERAGEVIOLATIONS -
22 (Bouncing Checks Law);
OF B.P. BLG.22 OTHERWISE
KNOWN AS THE
5. All other criminal cases where the
penalty prescribed by law for the
RESOLUTION offense charged is imprisonment not
exceeding six months, or a fine not
Acting on the recommendation of the exceeding one thousand pesos
Chairman of the Committee on Revision of the (P1,000.00), or both, irrespective of
Rules of Court submitting for this Court's other imposable penal ties, accessory
consideration and approval the Proposed or otherwise, or of the civil liability
Amendment to the Rule On Summary Procedure arising therefrom: Provided, however,
of Criminal Cases to Include Within Its Coverage that in offenses involving damage to
Violations of B.P. Blg. 22, Otherwise Known as property through criminal
the Bouncing Checks Law, the Court Resolved to negligence, this Rule shall govern
APPROVE the same. where the imposable fine does not
exceed ten thousand pesos
The amendment shall take effect on April 15, (P10,000.00).
2003, following its publication in a newspaper of
general circulation not later than March 30, 2003. This Rule shall not apply to a civil
case where the plaintiff's cause of action
March 25, 2003. is pleaded in the same complaint with
another cause of action subject to the
ordinary procedure; nor to a criminal
case where the offense charged is
necessarily related to another criminal
case subject to ordinary procedure."

ADMINISTRATIVE LAW
(Continuedfiom page 13)
AMENDMENT
TO THE
RULE ON SUMMARY P~LOCEPUPE
OF CRIMINALCASES
TO INCLUDEWITHIN ITSCOVERACE
VIOLATIONS Granting that the presence or the absence
OF B.P. BLC.22 OTHERWISE
KNOWN AS THE of negligence is a factual matter, the consistent
BOUNCING CHECKS
LAW ruling of the Supreme Court is that findings of
fact of an administrative agency must be
Section 1 of the Revised Rule on Summary respected so long as they are supported by
Procedure (Resolution of the Court En Banc substantial evidence. But lacking support, the
dated October 15, 1991), is amended as follows: factual finding of the COA on the existence of
negligence cannot stand on its own and
"Section 1. Scope. This Rule shall govern therefore not binding on the Court.
the summary procedure in Metropolitan Trial (Panganiban, J., Filonila 0.Cruz v. Hon. Celso
Courts, the Municipal Trial Courts in Cities, B. Gangan et a1, and Commission on Auciit,
Municipal Trial Courts, and the Municipal GR 143403, January 22, 2003)
Circuit Trial Courts in the following cases
falling within their jurisdiction.
 EN BANC SEC. 3. Where to file petition. - A petition for
guardianship over the person or property, or both,
A.M. NO. 03-02-05-SC of a minor may be filed in the Family Court of the
RE: PROPOSED RULE ON GUARDIANSHIP OF MINORS province or city where the minor ach~allyresides.
If he resides in a foreign country, the petition shall
RESOLUTION be filed with the Family Court of the province or
city where his property or any part thereof is
Acting on the letter of the Chairman of the situated.
Committee on Revision of Rules of Court
submitting for this Court's consideration and SEC. 4. Grotinds of petition.- The grounds for the
approval the Proposed Rule on Guardianship of appointment of a guardian over the person or
Minors, the Court Resolved to APPROVE the property, or both, of a minor are the following:
same.
(a) Death, continued absence, or incapacity
The Rule shall take effect on May 1, 2003 of his parents;
following its publication in a newspaper of general (b) Suspension, deprivation or termination
circulation not later than April 15, 2003. of parental authority;
(c) Remarriage of his surviving parent, if
April 1, 2003
the latter is fo~mdunsuitable to exercise
(Sgd.) DAVIDE, JR., CJ, BELLOSILLO,PUNO,VITUG, parental authority; or
MENDOZA, P A N G A N I BQUISUMBING,
AN, YNARES- (d) When the best interests of the minor so
SANTIAGO, SANDOVAL-GUTIERREZ, CARPIO, AUSTRIA- require.
MARTINEZ, CORONA, CARPIO-MORALES, CALLEJO, SR.,
AZCUNA, JJ. SEC. 5. Qtia1ifi:cations of guardians.- In appointing
a guardian, the court shall consider the guardian's:
1 (a) Moral character;
(b) Physical, mental and psychological
condition;
SECTION 1. Applicability of the Rule.- This Rule (c) Financial status;
shall apply to petitions for guardianship over the (d) Relationship of trust with the minor;
person or property, or both, of a minor.
(e) Availability to exercise the powers and
The father and the mother shall jointly exercise duties of a guardian for the full period
legal guardianship over the person and property of the guardianship;
of their unemancipated common child without the (f) Lack of conflict of interest with the
necessity of a court appointment. In such case, minor; and
this Rule shall be suppletory to the provisions of (g) Ability to manage the property of the
the Famiry Code on guardianship. minor.
SEC. 2. W h o nzny petition for nppointnzent of SEC. 6. Who may be appointed guardian of the person
guardian.- On grounds authorized by law, any or property, or both, of a minor.- In default of parents
relative or other person on behalf of a minor, or or a court-appointed guardian, the court may
the minor himself if fourteen (14) years of age or appoint a guardian of the person or property, or
over, may petition the Family Court for the both, of a minor, observing as far as practicable,
appointment of a general guardian over the person the following order of preference:
or property, or both, of such minor. The petition
may also be filed by the Secretary of Social Welfare (a) The surviving grandparent and in case
and Development and by the Secretary of Health several grandparents survive, the court
in the case of an insane minor who needs to be shall select any of them, taking into
hospitalized. account all relevant considerations;
RULE ON GUARDIANSHIP OF MINORS (continu~.d)
I
(b) The oldest brother or sister of the minor SEC. 9. Cnsr study rrport.- The court shall order a
over twenty-one years of age, umless unfit social worker to conduct a case study of the minor
or disqualified; and all the prospective guardians and submit his
(c) The actual custodian of the minor over report and recommendation to the court for its
twenty-one (21)years of age, umless unfit guidance before the scheduled hearing. The social
or disqualified; and worker may intervene on behalf of the minor if he
finds that the petition for guardianship should be
(d) Any other person who, in the sound
denied.
discretion of the court, would serve the
best interests of the minor. / SEC. 10. Oppositiott
. . to prtitio,t.- Any interested
person may contest the petition by filing a written
SEC. 7. Contrnts of petition. - A petition for the opposition based on such grounds as the majority
appointment of a general guardian must allege the of the minor or the unsuitability of the person for
following: whom letters are prayed, and pray that the petition
be denied, or that letters of guardianship issue to
(a) The jurisdictional facts; himself, or to any suitable person named in the
(b) The name, age and residence of the opposition.
prospective ward;
(c) The ground rendering the appointment SEC. 11. Hrnring nnd oriIrr for lrttrrs to issup.- At
necessary or convenient; the hearing of the petition, it must be shown that
the requirement of notice has been complied with.
(d) The death of the parents of the minor or The prospective ward shall be presented to the
the termination, deprivation or court. The court shall hear the evidence of the
suspension of their parental authority; parties in support of their respective allegations.
(e) The remarriage of the minor's surviving If warranted, the court shall appoint a suitable
p aren t; guardian of the person or property, or both, of
( f ) The names, ages, and residences of the minor.
relatives withinthe 4''' civil degree of the
At the discretion of the court, the hearing on
minor, and of persons having him in their
guardianship may be closed to the public and the
care and custody;
records of the case shall not be released without
(g) The probable value, character and its approval.
location of the property of the minor; and
(h) The name, age and residence of the SEC. 12. W h r n nnd bozo n ~ l ~ n r d i nofi t thr yro/7rrtl/
person for whom letters of guardianship for non-rrsidrnt nliilor is q7yointrd; ttoticr.- When
are prayed. the minor resides outside the Philippines, but has
property in the Philippines, any relative or friend
The petition shall be verified and accompanied of such minor, or anyone interested in his
by a certification against forum shopping. property, in expectancy or otherwise, may petition
However, no defect in the petition or verification the Family Court for the appointment of a
shall render void the issuance of letters of guardian over the property.
guardianship.
Notice of hearing of the petition shall be given
to the minor by publication or any other means as
SEC. 8. Tinzr and notice of hearing.- When a petition
the court may deem proper. The court may
for the appointment of a general guardian is filed,
dispense with the presence of the non-resident
the court shall fix a time and place for its hearing,
minor.
and shall cause reasonable notice to be given to
the persons mentioned in the petition, including If after hearing the court is satisfied that such
the minor if he is fourteen (14) years of age or over, non-resident is a minor and a guardian is
and may direct other general or special notice to necessary or convenient, it may appoint a
be given. guardian over his property.
RULt O N GUARDIANSHIP OF MINORS (continued)

SEC. 13. Srrvicr of final nrld exrctttory judgnlrnt or

I SEC. 15. Wherr to filr thr bond; action thrrron.- The
order.- The final and executory judgment or order bond posted by a guardian shall be filed in the
shall be served upon the Local Civil Registrar of Family Court and, in case of breach of any of its
the municipality or city where the minor resides, conditions, the guardian may be prosecuted in the
and the Register of Deeds of the place where his same proceeding for the benefit of the ward or of
property or part thereof is situated shall annotate any other person legally interested in the property.
the same in the corresponding title, and report to
the court his compliance within fifteen (15) days Whenever necessary, the court may require the
from receipt of the order. guardian to post a new bond and may discharge
from further liability the sureties on the old bond
SEC. 14. Bond of gttardialz; nnzottnt; conditions.- after due notice to interested persons, if no injury
Before he enters upon the execution of his trust, or may result therefrom to those interested in the
letters of guardianship issue, an appointed property.
guardian may be required to post a bond in such
sum as the court shall determine and conditioned SEC. 16. Bond of pnrents as gttnrdinns of property of
as follows: n1irlor.- If the market value of the property or the
annual income of the child exceeds P50,000.00,
(a) To make and return to the court, within the parent concerned shall furnish a bond in such
three (3) months after the issuance of his amount as the court may determine, but in no case
letters of guardianship, a true and less than ten prr crntum of the value of such
complete inventory of all the property, property or annual income, to guarantee the
real and personal, of his ward which performance of the obligations prescribed for
shall come to his possession or knowledge general guardians.
or to the possession or knowledge of any
other person in his behalf; A verified petition for approval of the bond
shall be filed in the Family Court of the place where
(b) To faithfully execute the duties of his the child resides or, if the child resides-in a foreign
trust, to manage and dispose of the country, in the Family Court of the place where
property according to this Rule for the the property or any part thereof is situated.
best interests of the ward, and to provide
The petition shall be docketed as a summary
for his proper care, custody and special proceeding in which all incidents and
education; issues regarding the performance of the obligations
of a general guardian shall be heard and resolved.
(c) To render a true and just account of all
the property of the ward in his hands,
SEC. 17. Grnrrnl dtitirs of guardian. - A guardian
and of all proceeds or interest derived
shall have the care and custody of the person of
therefrom, and of the management and
his ward and the management of his property, or
disposition of the same, at the time
only the management of his property. The
designated by this Rule and such other
guardian of the property of a non-resident minor
times as the court directs; and at the
shall have the management of all his property
expiration of his trust, to settle his
within the Philippines.
accounts with the court and deliver and
pay over all the property, effects, and A guardian shall perform the following duties:
monies remaining in his hands, or due
from him on such settlement, to the (a) To pay the just debts of the ward out of the
person lawfully entitled thereto; and personal property and the income of the
real property of the ward, if the same is
(d) To perform all orders of the court and sufficient; otherwise, out of the real
such other duties as may be required by property of the ward upon obtaining an
law. order for its sale or encumbrance;
 1
1
RULE ON GUARDIANSHIPOF MINORS (continued)

(b) To settle all accounts of his ward, and (b) Authorize reimbursement to the
1 guardian, other than a parent, of
4 demand, sue for, receive all debts due him,
! or may, with the approval of the court, reasonable expenses incurred in the
1
compound for the same and give execution of his trust, and allow payment
i discharges to the debtor on receiving a fair of compensation for his services as the
and just dividend of the property and court may deem just, not exceeding ten
! effects; and to appear for and represent the per centum of the net income of the ward,
i ward in all actions and special proceedings, if any; otherwise, in such amount the
I
t
: unless another person is appointed for that court determines to be a reasonable
i purpose; compensation for his services; and
f
(c)To manage the property of the ward frugally (c) Upon complaint of the guardian or ward,
i
and without waste, and apply the income or of any person having actual or
and profits thereon, insofar as may be prospective interest in the property of the
1
necessary, to the comfortable and suitable ward, require any person suspected of
d
+ maintenance of the ward; and if such having embezzled, concealed, or disposed
3
income and profits be insufficient for that of any money, goods or interest, or a
written instrument belonging to the ward
i
i;
purpose, to sell or encumber the real or
personal property, upon being authorized or his property to appear for examination
1 by the court to do so; concerning any thereof and issue such
1 (d) To consent to a partition of real or personal
property owned by the ward jointly or in
orders as would secure the property
against such embezzlement, concealment
common with others upon authority or conveyance.
1 granted by the court after-hearing, notice
i SEC. 19. Petition to sell or encumber property.- When
i to relatives of the ward, and a careful
f the income of a property under guardianship is
investigation as to the necessity and
insufficient to maintain and educate the ward, or
1
1
propriety of the proposed action;
(e) To submit to the court a verified inventory
when it is for his benefit that his personal or real
property or any part thereof be sold, mortgaged
I
s
of the property of his ward within three
(30) months after his appointment, and
or otherwise encumbered, and the proceeds
invested in safe and productive security, or in the
I
i
annually thereafter, the rendition of which
may be required upon the application of
improvement or security of other real property,
the guardian may file a verified petition setting
a an interested person; forth such facts, and praying that an order issue
3
i (f) To report to the court any property of the authorizing the sale or encumbrance of the
1
i
ward not included in the inventory which property.
1 is discovered, or succeeded to, or acquired
by the ward withm three (3) months after SEC. 20. O r d e r to show cause.- If the sale or
$
i such discovery, succession, or acquisition; encumbrance is necessary or would be beneficial
and to the ward, the court shall order his next of kin

I
!
I
1
(g) To render to the court, for its approval, an
accounting of the property one year from
his appointment, and every year thereafter,
or as often as may be required.
and all persons interested in the property to appear
at a reasonable time and place therein specified
and show cause why the petition should not be
granted.
i SEC. 21. Hearing on return of order; costs.- At the
1 SEC. 18. Power and duty of the court.- The court
1 time and place designated in the order to show
may:
cause, the court shall hear the allegations and
1 (a) Request the assistance of one or more evidence of the petitioner and next of kin, and other
commissioners in the appraisal of the persons interested, together with their witnesses,
property of the ward reported in the and grant or deny the petition as the best interests
initial and subsequent inventories; of the ward may require.
RULE O N GUARDIANSHIP OF MINORS (continued)
SEC. 22. Contents of ordrr for sale or encumbrance SEC. 25. Ground for termination of guardianship. -
rind its durntion; bond. - If, after full examination, The court nlotu proprio or upon verified motion of
it is necessary, or would be beneficial to the ward, any person allowed to file a petition for
to sell or encumber the property, or some portion guardianship may terminate the guardianship on
of it, the court shall order such sale or encumbrance the ground that the ward has come of age or has
the lioceeds of which shall be expended for the died. The guardian shall notify the court of such
maintenance or the education of the ward, or fact within ten (10) days of its occurrence.
invested as the circumstances may require. The
order shall specify the grounds for the sale or SEC. 26. Service of final and executory judgment or
encumbrance and may direct that the property order.- The final and executory judgment or order
ordered sold be disposed of at public sale, subject shall be served upon the Local Civil Registrar of
to such conditions as to the time and manner of the municipality or city where the minor resides
payment, and security where a part of and the Register of Deeds of the province or city
htepaymnet is deferred. The original bond of the where his property or any part thereof is situated.
guardina shall stand as security for the proper Both the Local Civil Registrar and the Register of
appropriation of the expedient, require an Deeds shall enter the final and executory judgment
additional bond as a condition, for the sale or or order in the appropriate books in their offices.
encumbrance. The authority to sell or encumber SEC. 27. Effrct of the Rulr. - This Rule amends Rules
shall not extend beyond one (1) year, unless 92 to 97 inclusive of the Rules of Court on
renewed by the court. guardianship of minors. Guardianship of
SEC. 23. Court may ordrr invrstmrnt of proceeds and incompetents who are not minors shall continue
direcr nlnnngmrnt of property.- The court may to be under the jurisdiction of the regular courts
authorize and require the guardian to invest the and governed by the Rules of Court.
proceeds of sales or encumbrances, and any other SEC. 28. Efectivity. - This Rule shall take effect on
money of his ward in his hands,in real or personal May 1, 2003, following its publication in a
property, for the best interests of the ward, and newspaper of general circulation not later than
may make such other orders for the managment, April 15, 2003.
investment, and disposition of the property and
effects, as circumstances may warrant.
RESOLUTION of the COURT EN BANC dated
SEC. 24. Grounds for removal or resignation of
17 June 2003 on A.M. No. 03-03-03SC
gunrdinn.- When a guardian becomes insane or
otherwise incapable of dissharging his trust or is "A.M. No. 03-)3-03-SC Re: Proposal to
found thereafter to be unsuitable, or has wasted Consolidate Intellectual Property Courts with
or mismanaged the property of the ward,or has Commercial Courts.- The Court Resolved to (a)
failed to render an account or make a return for NOTE the memorandum, dated 22 April 2003 of
thirty (30) days after it is due, thye court may, Court Administrator Presbitero J. Velasco, Jr., in
upor, reasonable notice to the guardian, remove compliance with the resolution dated 05 March
him as such and require him to surrender the 2003, stating that the OCA finds no cogent reason
proerty of the ward to the person found to be to deviate from the proposal to consolidate
lawfully entitled thereto. Intellectual Property Courts with Commercial
The court may allow the guardian to resign Courts (SEC Courts), as contained in
for justifiable causes. Recommendation No. C-20 of the Consultants
Group, Judicial Reforms Office, PHILJA, and
Upon the removal or resignation of the recommends its approval and upon
guardian, the court shall appoint a new one. recommendation of the Office of the Court
No motion for removal or resignation shall be Administrator, (b) APPROVE the draft resolution
granted unless the guardian has submitted the of the Consultants Group, Judicial Reforms Office
proper accounting of the proeprty of the ward and and PHILJA thereon, and (c) ADOPT the same as
the court has approved the same. its own to read as follows:
1 RESOLUTlON dated 17June2003 (continued) I
RESOLUTION
do not warrant their continued designationq as
4
1,2,3,4,5,6,7,8,9 and 12 have zero (0) IP cases, nd

8 WHEREAS, to implement the provisions of Sec. Intellectual Property Courts (Annex 7, Table);I
1 5.2 of Republic Act No. 8799 (The Securities
Regulation Code), and in the interest of a speedy WHEREAS, intellectual property cases bre
) and efficient administration of jostice, the Supreme commercial in nature;
1 Court en banc, in the (a) Resolutions dated 21
November 2000 (Annex 1) , 4 July 2001 (Annex 1- WHEREAS, to streamline the court strucwe
/ a),12 November 2002 (Annex I-b), and 9 July 2002 and to promote expediency and efficiency in
(Annex 1-c), all iss~ledin A.M. No. 00-11-03-SC; handling such special cases, the jurisdiction to hear
/ (b)Resolution dated 27 August 2001 in A.M. No. and decide IPC and SEC cases are blest

,
J
j 01-5-298-RTC (Annex 2); and (c)Resolution dated consolidated in one court;

1 8 July 2002 in A.M. No. 01-12-656-RTC (Annex

3).
,, resolved to desienate
" certain branches of the
1 . NOW, THEREFORE, the Court Resolves:

! Regional Trial Courts to y!t and decide cases

formerly cognizable by the Securities and
Exchange Commission;
WHEREAS, pursuant to the same Resolutions,
1.The Regional rial c o u r t s
designated as SEC Courts
Resolutions of this Court
2000,4 July 2001,12 November 2002, add 9
July 2002, all issued in A.M. No. 00-11-103-
11 sixty-five (65) Regional Trial Courts, distributed
in all regions (NCJR and Regions I-XII), were
SC, (b) Resolution dated 27 August 2001 in
A.M. No. 01-5-298-RTC; and (c) Resoluijon
designated as SEC courts("SEC Courts"), which
/ courts have presently a total of 812 pending SEC
cases(see Annex 6, Table);
dated 8 July 2002 in A.M. No. 01-12-456-
RTC are hereby DESIGNATED and shall be
i CALLED as Special Commercial Courts to
WHEREAS, in A.O. No. 113-95, dated 2 try and decid; cases involving violations of
October 1995, as amended by A.O. No. 104-96, Intellectual Property Rights which tall
dated 21 October 1996, the Regional Trial Courts within their jurisdiction and those cases
in the National Capital Region and Regions formerly cognizable by the Securities 4nd
3,4,6,7,9,10 and 11, with twenty-seven(27) judges, Exchange Commission;
were especially designated to try and decide cases 2.The designation of Intellectual
for violations of Intellectual Property Rights
(Annex 4), and to ensure the speedy disposition 113-95, dated 2 October 1995,
of cases involving violations of intellectual by Administrative Order No.
property rights under the Intellectual Property 21 October 1996, and
Code (Rep. Act No. 8293), the Supreme Court en February 2002 in A.M. No. 02-1-11-S
banc, in A.M. No. 02-1-11-SC, dated February 19, hereby revoked.
2002, designated the Regional Trial Courts in Trial Court,
Regions 1,2,5,8 and 12, with a total of seven (7)
judges, and Branch 24 of the Regional Trial Court Commercial Court in the City of ~ a n i l z / ;
of Manila with one (I)judge, as Special Intellectual
Property Courts ("Special IP Courts")(Annex 5); 3. Upon the effectivity of this Resolution all
IP cases shall be transferred to hhe
WHEREAS, pursuant to A.M. No. 02-1-11- designated Special Commercial Coqrts
SC and A.O. No. 113-95, these Special IP Courts except those which have undergone the ire-
have a total caseload of 503 cases. Of this number, trial stage in civil cases or those where gny
434 IP cases are pending in the NCJR (Annex 6, of the accused has been arraigned in
Table); cases which shall be retained by
previously assigned to try them;
WHEREAS, since the establishment of Special
IP Courts (except for the Special IP Court in
Manila), 15 designated courts, in Regions I (Continued on p@5)