Professional Documents
Culture Documents
2020 - BM 5-1 PDF
2020 - BM 5-1 PDF
18, 1949.
Note
EDITOR’S
f a name can be a foretelling of a child’s future, perhaps it was fate that
former Abra Governor Dr. Luis F. Bersamin Sr. and his wife Dr. Rosario
Purugganan Bersamin would name their fourth son “Lucas” on October
EQ is defined as the ability to understand and manage your own emotions, as
well as recognize and influence the emotions of those around you.1 A person who
has a high EQ is said to have self-awareness and empathy. In effect, it means
you are comfortable with your limitations and you can sense the emotions of
others.
In Latin, “Lucas” means “light giving.”
The psychologist who popularized the term EQ, Daniel Goleman, told the
Thus, when Lucas P. Bersamin became the 25th Chief Justice of the
Harvard Business Review that:
Philippines on November 28, 2018, he undoubtedly had a mission to fulfill, if only
based on the meaning of his name. “The most effective leaders are all alike in one crucial way: They all have
a high degree of what has come to be known as emotional intelligence. It’s
Intelligence as an attribute of CJ Luke is already a given, and I will not dwell
not that IQ and technical skills are irrelevant. They do matter, but...they are
on that further. Instead, allow me to write about what made him an effective Chief
the entry-level requirements for executive positions.”
Justice despite a relatively short 11-month stint.
It can probably be said that every magistrate is a leader in his or her own
In one of his last interviews by media, CJ Luke was asked what trait must
right, for each decision or judgment he or she renders will surely affect the lives
a Chief Justice possess. According to him, a Chief Justice, or even a Justice or
of others. Also, the adjudication of cases will necessarily involve human contact
judge for that matter, must have a high emotional intelligence or EQ.
and interaction. Trial court judges will always be dealing with lawyers, witnesses,
litigants, and court staff. In appellate courts, which are all collegial bodies, justices 8.) learn to TRUST the ability of others;
will be interacting with their peers, court attorneys and also personnel. Thus, a high 9.) have a sense of HUMOR, though not too much lest you become a clown;
degree of EQ is indeed required from members of the Judiciary. 10.) SHED your quest for glory because it is not about you, it is about the
institution or office you represent; and most importantly,
With that in mind, allow me to enumerate the 11 traits of an effective leader as I
11.) be genuinely KIND.
had personally witnessed, seen, and learned from no less than CJ Luke during my
nine-month crash course on leadership. Thank you very much CJ Luke for lighting the path and leading the Judiciary
back to normalcy. You were truly the healing Chief Justice the Judiciary needed.
To be a TRUE LEADER you must:
I wish you happiness and good health on your retirement. God bless
1.) always be HUMBLE; you always, Chief!
2.) EMPOWER the people you lead;
3.) ENCOURAGE and allow your peers to shine and be proud of them if they do; Atty. Brian Keith F. Hosaka
4.) have EMPATHY; Editor-in-Chief
5.) constantly PRAISE people regardless of their position;
6.) be SELFLESS; 1
Landry, L. (2009, April 3). Why Emotional Intelligence is Important in Leadership, Harvard Business School Online. Retrieved
7.) be PROTECTIVE of subordinates and always have their backs;BEN
BENC
BENCHMARK
NC
N CHMAR
HMARK
HM
HMAR K | THE from https://online.hbs.edu/blog/post/emotional-intelligence-in-leadership
H OFFI
O
OFFICIAL
C AL
CIAL L QUA
QU
QUARTERLY
UARTER
RTERL
RTERLY LY
Y MAGAZ
M
MAGAZINE
AGAZAZINIINE
E OF
FTTHE
HE
H ES SUPREME
UPRE
UPR
UP
UPRE EM
ME ECCOURT
OUR
OU
OURT
UR
URT
U RT
RTPPUB
PU
PUBLIC
UB
U BLIC
LIIIC
L C IINFO
INF
INFORMATION
NF
NFO
FORM
FO
FORMAT
RMAT
R
RMA
MAT
MA
MAT
ATIIO
ION
ON O
ON OFFI
OF
OFF
OFFICE
FFI
FF
FFI
FICE
IC
CEE 3
SC Talented Artists By Jay B. Rempillo
S
upreme Court artists showcased their painting The Chief Justice was joined by Deputy Court
skills during the Chief Justice Lucas P. Bersamin Administrator for Mindanao Leo T. Madrazo and Assistant
Painting Competition. Court Administrator and Public Information Office Chief
Brian Keith F. Hosaka as judges. The criteria for judging were
With the theme “Memories,” Charito Cruz-Rojas interpretation and clarity (20%), creativity and originality
(Statistical Reports Division-Court Management Office, (20%), quality of artistic composition and design (30%), and
Office of the Court Administrator) emerged as the big overall impression (30%).
winner having won the first and third place with her entries
Boss Pepe and Ayuntamiento, respectively. Cesar Tito Royeras The painting contest, the first to be held among SC
(Public Information Office) took the second place with his employees, was organized by the Judiciary Arts Society
entry En Banc Oral Arguments. Painting Club headed by Atty. Joyce Jazmin G. Dimaisip-
Cunanan, SC Library Services Chief.
Chief Justice Bersamin was present to personally
congratulate the winners during the awarding at the Other participants were Rosanna Ramos (Judicial Records
Judiciary Memorabilia Hall, SC Old Building, Taft Avenue, Office), Yvone Atis (Statistical Reports Division-CMO), and
Ermita, Manila on October 10, 2019. Mary Ann Nelmida (Property-OCA).
Chief Justice
Lucas P. Bersamin
poses for posterity with the
participants in the Chief
Justice Lucas P. Bersamin
Painting Competition and the
Judiciary Arts Society Painting
Club headed by SC Library
Services Chief, Atty. Joyce
Jazmin G. Dimaisip-Cunanan.
4 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE
The Four-Point Agenda By Jose Salvador A. Zenarosa
C hief Justice Lucas P. Bersamin crafted a Four- the need for a new procedure for litigating cases involving purely
Point Agenda for his 11-month tenure. money claims, which the trial courts had to resolve within 30 days
from the filing of the claims. During its initial implementation, the
FIRST was the revision of the Rules threshold was only P100,000. The adoption was aimed at solving the
of Court with the main goal of rendering congestion of the dockets of first-level courts brought about by the
current procedural laws responsive to the needs of the times as large number of such cases.
well as adaptive to the fast moving technological developments.
Another result was the Revised Law Student Practice Rule, which
The Supreme Court, through a resolution dated February amended the provisions of Rule 138-A of the Rules of Court. This is
26, 2019, increased the threshold amount for money claims calculated to hasten the shift to experiential legal education to be
cognizable by the Metropolitan Trial Courts (METCs) under the adopted by our law schools in the near future. A salient feature of
Revised Rules of Procedure for Small Claims Cases (Revised Rules the Revised Rule is that a law student must now be certified to be
for Small Claims) from P300,000 to P400,000 beginning April 1, able to engage in the limited practice of law. Under this Revised Rule,
2019. The Rules were first implemented in 2010 in response to among others, applicants to the 2023 Philippine Bar examinations
who have graduated from a
foreign school may be admitted
to take the Bar examination
upon submission to the SC of
pertinent certifications.
BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE 5
who are “considered to be high- for a new HOJ for San Pablo City,
risk or afflicted with highly Laguna and for the construction
contagious diseases.” Such of the Cebu Judiciary Complex
risk is not only averted by the in South Road Property in
accused but also by the judges, Cebu City. Another coup was
court personnel, and the public the signing of a Memorandum
in general. of Understanding (MOU) with
the Bases Conversion and
SECOND in his agenda Development Authority (BCDA)
is the improvement of the for the allocation of a 5.8-hectare
infrastructure of the Judiciary. area inside the National
Government Administrative
The improvements in the Center (NGAC) in New Clark
physical infrastructure are best City for the SC and its attached
THIRD on the Chief’s improvement of the quality of
quantified with the inauguration agencies to serve as a Judiciary
agenda was enhancing access education of future lawyers in
of the following newly complex.
to justice. While the Court has the country by introducing the
constructed or repurposed
activated a lot of Family Courts shift to the experiential approach
buildings – 1) Hall of Justice As for the qualitative
by appointing their presiding in legal education as used in
(HOJ) of the Regional Trial Court infrastructure, four new Justice
judges, it was soon found out some progressive countries,
(RTC) and Metropolitan Trial Zones were launched: Angeles
that courthouses were not being particularly the United States
Court (MeTC) Marikina City; 2) City, Davao City, Bacolod City,
built fast enough to catch up of America. In line with this,
HOJ of the MeTC Valenzuela; and Naga City. This brings the
with the appointments. In the the Court held the 2019 Legal
3) Archive Building of the total to six Justice Zones where
meantime, they have to share Education Summit, the first-
HOJ of General Santos City; 4) there is heightened coordination
the existing courthouses which ever Philippine legal education
Expanded HOJ Building of the between and among the
are admittedly less than ideal. It summit.
province of Sarangani; and 5) different justice sectors and
is a temporary fix which should
HOJ of the RTC Quezon City. agencies, with the goal of an
sooner be resolved. The Court also allowed the
expedient, cohesive and proper public free access to the SC
In anticipation of future dispensation of justice. The first
As the Chief realized that electronic library or e-Library “in
court buildings, Chief Justice two Justice Zones are in Quezon
there is a dearth of competent order to enhance transparency
Bersamin also witnessed the City and Cebu City.
lawyers, he has invested in the and provide better access for
signing of the Deeds of Donation
6 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE
lawyers, law professors, law
students, and legal researchers to
decisions, resolutions, issuances,
and rules of the court.” The
e-Library, a searchable database
of jurisprudence including
SC decisions and resolutions
from 1901 to the present, laws
including present and past
Constitutions, SC issuances
such as present and past Rules
of Court as well as resolutions
in administrative matters, and
other references, was only
accessible to judges and court
lawyers in its 15-year existence.
BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE 7
" I would like to be
remembered as a CJ
who did so many things
to change this institution,
from the former troubled
Supreme Court and
Judiciary to its present
state where we no longer
experience these kinds of
turbulence. That’s a very
strong legacy for me.”
8 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE
THE HEALING CHIEF JUSTICE
By Jose Salvador A. Zenarosa
B a n g u e d ,
Abra,
Young
Purugganan
Bersamin was about to graduate
from the St. Joseph Seminary
and was determined to become
a priest. This was encouraged
1965.
Lucas
deny that. But our upbringing
had always been for us to look
at others in much the same way
that we look at ourselves. We
belong to the fourth generation
in our family who are known
for treating others with equality.
We did not discriminate. That
Graduating at the top of his
class became Lucas’ ticket to the
University of the Philippines in
Diliman. His choice of Political
Science as his major field of
study was a no-brainer, it was
practically in his DNA. “Political
Science came naturally for me
also studied under people who
later on became radicals like
Fr. Ed de la Torre. In my final
year in the seminary, he was our
Regent and he taught Latin.” In
hindsight, he did not think that
it was anything strange while
he was at UP. “The bottom line
by his mother, Rosario, a devout turned out to be very important because I was very interested in is ayaw ko ng gulo. That was my
Catholic and a pharmacist by to me.” government affairs,” the Chief training from the start. I would
profession. She wanted her Justice looks back. This was the not be rabid about anything,”
middle child to be spared from But just as he had begun to time when his father served as the Chief Justice declares.
the lure of Abra politics – a realm settle into his calling, a fateful vice governor of Abra.
she knew all too well being of event shook his core and had Things took a turn as he
the illustrious Paredes clan. him question everything he had This was also 1965, at the was about to graduate from
Mother’s instinct may have been worked hard for. cusp of the first quarter storm, college. His father did not opt
triggered by the fact that her and at the very frontline of to campaign for a second term of
husband, Dr. Luis F. Bersamin, “There was an incident while student activism. Even as a office. A strict military man, Dr.
Sr., was from the rival Villamor I was in the seminary when my self-professed probinsyano, Bersamin, Sr. wanted to secure
family, and while a moment of father ran for vice governor of the he was very much aware of the future of his six children and
calm had set in with their union, province. His political opponents the radicalism around him. went back to serve in the military
it was still a precarious situation mounted machine guns on “UP was the most radicalized to qualify for his pension. The
she could not leave to chance. top of the kapitolyo which was campus at that time. However, younger Bersamin was bent on
very close to our house and the having come from the seminary graduating early so he could
At that time, the seminary ancestral home of our mother’s where the training was very help with the family’s finances.
was in its infancy and was side of the family. They strafed rigid, schedule was very tight, He also wanted to send himself
not operating with a full both our homes with bullets. and discipline is the first order of to law school. He immediately
complement so its interns took That insulted me very much and business, I thought that I was in found work as an insurance
daily trips to Bangued on board scarred me deeply,” he recalls. no danger of being radicalized. underwriter after graduating
a makeshift German-made “We had been violated, and our Let’s also not forget that I come from UP. His plan was to work in
truck after their daily ora et home desecrated.” from a deeply religious family,” Intramuros during the day and
labora which included planting, he rationalizes. “Interestingly, I enroll in the evening program
harvesting, and cleaning toilets. It was also right around that
It was a tough time for the young time when Lucas was named
Lucas who had been accustomed valedictorian, both by the St.
to the trappings of privilege, but Joseph Seminary where he
that experience may have been studied Latin and Theology,
providential in reinforcing the and the Colegio del Sagrado
values of hard work, faith in Corazon where he completed the
God, and humility. In hindsight, secular high school curriculum.
the Chief Justice muses, “Laking “I decided that if I were not to
probinsiya ako. I also come from become a priest, I should do
Bangued, Abra, one of the something about getting even.
poorer provinces in the north, That was my mindset then. I
and maybe throughout the was young. I was angry. I told
Philippines. You cannot be myself I would take up law and
anything but humble. Growing avenge the wrong that had been
up, we were not trained to be done to us,” he shares. He was
entitled or mayabang, kahit na then a young man at 16, and on
highly positioned 'yung family a mission which his mother had
namin sa probinsiya, we cannot instinctively feared.
BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE 9
at the UP College of Law’s Padre
Faura campus.
10 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE
" We belong to the
fourth generation
in our family who are
known for treating
others with equality."
day one, even after he had been The idea of being thought
appointed Associate Justice of of as a “healing Chief Justice”
the Highest Court of the land. In strikes a chord with Bersamin,
fact, Judge Bersamin-Embuscado “[to be a] Chief Justice like me
confirms that “he never went to at a time like this, it’s already
the RTC of Quezon City from a big legacy that I was able to
the time it was filed, until after smooth out any kind of ruffle in
it was decided. The first time he the Court’s business, reputation,
had set foot there was last year or perception. I would like to
when they welcomed him as be remembered as a CJ who
Chief Justice.” did so many things to change
this institution, from the former
“I never lifted a finger or troubled Supreme Court and
expressed my interest in the Judiciary to its present state
outcome of the case,” the Chief where we no longer experience
Justice declares. “I believe these kinds of turbulence. That’s
justice had been served. Any a very strong legacy for me.”
interference or attempt to
amid screams of panic. The lone vulnerable circumstances, Justice influence the decision would But conversations about
gunman hopped on a waiting Bersamin instructed everyone have diminished the value of legacy does not mean writing
motorcycle, tore off the Barong to proceed to the wedding the justice accorded the victims finis to the man who had served
Tagalog he had used to blend in reception. Somehow, suspicion and their family. I am just the Judiciary since 1987. They
with the guests, and sped off to was rich that the masterminds glad we can somehow move only serve to define that period
the side streets of New Manila. were among the invited guests forward,” the Chief Justice in its history when a leader
Two bodies laid motionless at themselves. concludes. rose from its ranks, cast aside
the church’s façade. The Justice’s personal agenda and pettiness,
brother, Congressman Chito Suddenly, the strafing Chief Justice Bersamin had generously empowered his
Bersamin and his bodyguard incident in Bangued in 1965 paledbeen called a “healer” by no peers, tirelessly introduced
had been assassinated. less than former Chief Justice
in comparison if only for the fact reforms, created an atmosphere
that the authors succeeded in Reynato S. Puno. He pointed of inclusiveness, and allowed
“My dad was shocked, but out Chief Justice Bersamin’s
their mission. But unlike then, he synergy to work its magic.
quickly regained his composure took the high road and accepted humility and “superior
when he saw me,” recalls Pia the iniquity of fate. He was no intelligence which was not While Chief Justice Lucas P.
Bersamin-Embuscado, now an longer an angry young man coupled with arrogance.” Puno Bersamin may have retired, his
RTC Judge in Las Piñas. “He with an axe to grind. The years adds, “the Chief Justice must luminosity cannot be denied.
gave me a hug and told me, of patient study, unrelenting have that leadership quality, He is not one to rest on his hard-
‘wala na si Uncle Chito mo, Chee practice, and open-minded that ability to unite the Justices, earned laurels.
(his term of endearment for his experience have equipped him and also to inspire hope in the
eldest),’“ as he shed a tear. rank and file employees of the
with the armor to face adversities Postscript:
Court. It takes a special kind
head on. Most of all, it forged his
Four months into getting settled as Citizen
Refusing to allow the tragedy faith in the system of justice heof character to do this – to be
Bersamin, the Chief had been called from
to ruin his daughter’s special day, represents. intellectually at par with his retirement to serve as Chairperson of the
and to deny the perpetrators of peers, and at the same time to troubled Government Service Insurance System
the cowardly act the satisfaction Justice Bersamin had kept be able to touch base with the (GSIS). His legacy – the work of spreading the
of seeing their family under such his distance from the case since employees of the Judiciary.” gospel of healing - is not yet done.
BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE 11
SIGNIFICANT DECISIONS
OF CHIEF JUSTICE BERSAMIN
By Judge Ellen V. Abesamis-Quinto
" With his incisive mind, he analyzes facts and circumstances with
irrefutable logic. Combined with his high sense of justice, intellectual
power and mastery of the English language, his decisions make for
pleasurable and instructive reading. "
12 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE
the action without the State's consent considering that the deed 3. LAND BANK OF THE PHILIPPINES V. SUNTAY,
of sale had been entered into in the performance of governmental 678 PHIL 879 (2011)
functions.
The 2011 case of Land Bank of the Philippines v. Suntay was an
CJ Bersamin reiterated the standing rule that the immunity from offshoot of the 2007 case of the same title penned by retired Justice
suit is based on the political truism that the State, as a sovereign, can Angelina Sandoval-Gutierrez. In the original case, the Court
do no wrong. There are several practical considerations that dictate declared that the original and exclusive jurisdiction to determine
the establishment of an immunity from suit in favor of the State; just compensation under Republic Act No. 6657, otherwise known
to hold otherwise would make the State suable at the instance of as the Comprehensive Agrarian Reform Law (CARL) pertains to the
every other individual, seriously impede government service, and Regional Trial Court (RTC) as a Special Agrarian Court. The Court
endanger public safety because of the number of suits that the State ruled further that any effort to transfer such jurisdiction to the
has to defend against. The ruling of the Court affirmed the Court of adjudicators of the Department of Agrarian Reform Adjudication
Appeals’ findings, to wit: Board (DARAB) and to convert the original jurisdiction of the RTC
into appellate jurisdiction is void for being contrary to the CARL. It
In our view, the CA thereby correctly appreciated the held that DARAB adjudicators are only empowered to determine
juridical character of the ATO as an agency of the government in a preliminary manner the reasonable compensation to be paid to
not performing a purely governmental or sovereign function, the landowners, leaving to the courts the ultimate power to decide
but was instead involved in the management and maintenance this question.
of the Loakan Airport, an activity that was not the exclusive
prerogative of the State in its sovereign capacity. Hence, the ATO 4. PEOPLE V. VALDEZ, 679 PHIL. 279 (2012)
had no claim to the State's immunity from suit. We uphold the
CA's aforequoted holding. The Court affirmed the conviction of PO2 Eduardo Valdez
and Edwin Valdez for the killing of Ferdinand Sayson, Moises
Moreover, CJ Bersamin noted the Court’s observation that the Sayson Jr., and Joselito Sayson. However, instead of finding them
doctrine of sovereign immunity cannot be successfully invoked guilty of three counts of murder, the Court convicted them only
to defeat a valid claim for compensation arising from the taking of three counts of homicide owing to the insufficiency of the facts
without just compensation and without the proper expropriation and circumstances constituting treachery as contained in the
proceedings being first resorted to of the plaintiffs' property. informations. The Court emphasized that the sufficiency of the
BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE 13
in order to enable him to prepare his defense. It emanates from
the presumption of innocence in his favor, pursuant to which he
is always presumed to have no independent knowledge of the
details of the crime he is being charged with. To have the facts
stated in the body of the information determine the crime of which
he stands charged and for which he must be tried thoroughly
accords with common sense and with the requirements of plain
justice x xx.
14 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE
6. NAZARETH V. VILLAR, 702 PHIL. 319 (2013) STRAUSS & CO” appearing on the patch of original jeans under
the trademark LEVI'S 501. The word “LS” could not be confused
The case of Nazareth v. Villar is one of the choice cases penned by as a derivative from “LEVI STRAUSS” by virtue of the “LS”
Chief Justice Bersamin that has a national impact. The case concerns being connected to the word “TAILORING”, thereby openly
the disallowance by the Commission on Audit of the benefits for suggesting that the jeans bearing the trademark “LS JEANS
CY 2001 purported on the basis of Republic Act No. 8439 or the TAILORING” came or were bought from the tailoring shops of
Magna Carta for Scientists, Engineers, Researchers and other Science and Diaz, not from the malls or boutiques selling original LEVI'S 501
Technology Personnel in the Government, and on the strength of the jeans to the consuming public.
Memorandum of Executive Secretary Ronaldo Zamora dated April
12, 2000 authorizing the use of the savings for the purpose. The There were other remarkable differences between the two
Court held that: trademarks that the consuming public would easily perceive. x
xxx
In the funding of current activities, projects, and programs, the
general rule should still be that the budgetary amount contained Furthermore, the Court noted that the Intellectual Property
in the appropriations bill is the extent Congress will determine Office (IPO) registered Diaz’s trademark prior to the filing of
as sufficient for the budgetary allocation for the proponent the present cases. The IPO would certainly not have allowed the
agency. The only exception is found in Section 25 (5), Article VI registration if the trademark was indeed confusingly similar with
of the Constitution, by which the President, the President of the the registered trademark for the Levi's 501 jeans.
Senate, the Speaker of the House of Representatives, the Chief
Justice of the Supreme Court, and the heads of Constitutional 8. BONGALON V. PEOPLE OF THE PHILIPPINES,
Commissions are authorized to transfer appropriations to 707 PHIL. 11 (2013)
augment any item in the General Appropriations Act (GAA)
for their respective offices from the savings in other items of Not every instance of the laying of hands on a child
their respective appropriations. The plain language of the constitutes the crime of child abuse under Section 10 (a)
constitutional restriction leaves no room for the petitioner's of Republic Act No. 7610. Only when the laying of hands is
posture, which we should now dispose of as untenable. shown beyond reasonable doubt to be intended by the accused
to debase, degrade or demean the intrinsic worth and dignity
It bears emphasizing that the exception in favor of the high of the child as a human being should it be punished as child
officials named in Section 25 (5), Article VI of the Constitution abuse. Otherwise, it is punished under the Revised Penal Code.
limiting the authority to transfer savings only to augment
another item in the GAA is strictly but reasonably construed as George Bongalon was charged with Child Abuse as defined
exclusive. by Section 3(b) of Republic Act No. 7610 before the Legazpi City
Regional Trial Court (RTC). The RTC found that Bongalon struck
The decision also emphasized the two requisites before the Jayson dela Cruz, a minor, at the back using his hands, and likewise
President, or any of those specifically authorized by the Constitution, slapped him on the face, and held him guilty of child abuse as
may transfer appropriations from the agency’s savings: 1) there charged. The Court of Appeals (CA) affirmed his conviction.
must be savings from the authorized appropriation of the agency,
and 2) there must be an existing item, project, activity, purpose or Although the Court affirmed the factual findings of the RTC
object of expenditure with an appropriation to which the savings and the CA, the Court disagreed that Bongalon’s acts constituted
would be transferred for augmentation purposes only. child abuse within the ambit of the law. The records are bereft
of any indication that Bongalon meant to debase the intrinsic
7. DIAZ V. PEOPLE OF THE PHILIPPINES, worth and dignity of Jayson as a human being or that Bongalon’s
704 PHIL. 146 (2013) actions were meant to humiliate or embarrass Jayson. He was
impelled by his anger because Jayson and Roldan threw stones
A person becomes liable for the infringement of a registered at his daughters and even burned one of his daughter’s hair.
trademark when the use of the alleged infringing mark is likely Clearly, his acts could not have amounted to child abuse; hence,
to be confused with or mistaken as the registered mark itself. the Court found him guilty of the crime of slight physical injuries,
Otherwise stated, an accused in a case for trademark infringement considering that Jayson’s injuries required five to seven days of
must be acquitted if the allegedly infringing mark is not likely to medical attention.
cause confusion with the registered mark.
9. ENRILE V. SANDIGANBAYAN,
As Victorio Diaz elevated his case before the Supreme Court after 767 PHIL. 147 (2015)
the Court of Appeals dismissed his appeal for his belated filing of the
appellant’s brief, thereby affirming the decision of the Regional Trial The Court declared in the case of Juan Ponce Enrile v. Sandiganbayan
Court in Las Piñas City convicting him of two counts of trademark that “the decision whether to detain or release an accused before and
infringement. Levi’s Philippines, a licensee of Levi Strauss and during trial is ultimately an incident of the judicial power to hear
Company, filed the case and claimed that it did not authorize Diaz and determine his criminal case. The strength of the Prosecution’s
to make and sell the seized jeans, which were allegedly counterfeit case, albeit a good measure of the accused’s propensity for flight or
or imitations of Levi’s 501. The Court, applying the holistic test and for causing harm to the public, is subsidiary to the primary objective
determined that the trademark used by Diaz, “LS Jeans Tailoring,” of bail, which is to ensure that the accused appears at trial.
was not confusingly similar to the trademark Levi’s 501:
Enrile filed a Motion to Fix Bail before the Sandiganbayan, which
Diaz used the trademark “LS JEANS TAILORING” for the the latter denied for lack of merit. His motion for reconsideration
jeans he produced and sold in his tailoring shops. His trademark was likewise denied.
was visually and aurally different from the trademark “LEVI
BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE 15
10. SOLIDUM V. PEOPLE OF THE PHILIPPINES,
728 PHIL. 579 (2014)
The Court reversed and set aside the decision of the Court of
Appeals, which affirmed the finding of guilt by the RTC against
a physician-anesthesiologist for reckless imprudence resulting in
serious physical injuries. He was part of the team of anesthesiologists
during the surgical pull-through operation conducted on a three-
year old patient born with an imperforate anus.
The Court granted Enrile’s petition for certiorari. It considered In view of the inapplicability of the foregoing legal principle,
that the Sandiganbayan arbitrarily ignored the objective of bail the Court next resolved whether Dr. Solidum committed criminal
to ensure the appearance of the accused during the trial; and negligence. The Court ruled that the circumstances, taken together,
unwarrantedly disregarded the clear showing of the fragile health did not prove beyond reasonable doubt that Dr. Solidum had been
and advanced age of Enrile. The Court considered Enrile’s social and recklessly imprudent in administering the anesthetic agent to the
political standing and his immediate surrender upon being charged victim. Moreover, “the existence of the probability about other
in court. It dispelled the idea that Enrile was flight risk. Considering factors causing the hypoxia has engendered in the mind of the
his advanced age and his health condition, his solid reputation in Court a reasonable doubt as to Dr. Solidum's guilt, and moves us to
both his public and his private lives, his long years of public service, acquit him of the crime of reckless imprudence resulting to serious
and history’s judgment of him being at stake, the Court resolved physical injuries.”
that he should be granted bail. As such, the Sandiganbayan gravely
abused its discretion in denying Enrile's Motion to Fix Bail. It held 11. MACAPAGAL-ARROYO V. PEOPLE
that: OF THE PHILIPPINES, 790 PHIL. 367 (2016)
Bail for the provisional liberty of the accused, regardless The plunder case brought against former President Gloria
of the crime charged, should be allowed independently of the Macapagal-Arroyo is one of Chief Justice Bersamin’s significant
merits of the charge, provided his continued incarceration is ponencias. On July 10, 2012, the Ombudsman charged Macapagal-
clearly shown to be injurious to his health or to endanger his life. Arroyo and several other officials of the Philippine Charity
Indeed, denying him bail despite imperiling his health and life Sweepstakes Office (PCSO) and the Commission on Audit with
would not serve the true objective of preventive incarceration plunder as defined by and penalized under Section 2 of Republic
during the trial. Act (R.A) No. 7080, as amended by R.A. No. 7659, involving PCSO
16 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE
funds. All except Macapagal-Arroyo and then PCSO Budget and business associates, subordinates or other persons. In this case,
Accounts Manager, Benigno Aguas, were granted bail by the ten people were originally charged with the crime and yet none
Sandiganbayan. Trial on the merits ensued. of them was identified as the main plunderer. The prosecution
merely insisted that existence of an implied conspiracy among
After the prosecution rested its case, the accused separately themselves, thereby making all three of them the main plunderers.
filed their demurrers to evidence. The Sandiganbayan granted the The Court was not persuaded because Macapagal-Arroyo's
demurrers except those of Macapagal-Arroyo, Aguas, and Sergio approval of Uriarte's requests for additional confidential and
O. Valencia, then PCSO Chairperson of the Board of Directors. intelligence funds (CIFs) did not make her part of any design to
The Sandiganbayan held that there was sufficient evidence to raid the treasury as the means to amass, accumulate and acquire
show that these three accused had conspired to commit plunder. ill-gotten wealth. Absent the specific allegation in the information
Hence, the consolidated petitions for certiorari. to that effect, and competent proof thereon, GMA's approval of
Uriarte's requests, even if unqualified, could not make her part
On the procedural aspect of the case, the Court held that of any criminal conspiracy to commit plunder or any other crime
the Court cannot be deprived of its jurisdiction to correct grave considering that her approval was not by any means irregular or
abuse of discretion. While the special civil action for certiorari illegal.
is generally improper to assail an interlocutory order issued by
the trial court because of the availability of other remedies in There was likewise no proof of amassing, or accumulating, or
the course of law, the Court maintained that such exercise of the acquiring ill-gotten wealth of at least P50 Million adduced against
power to correct grave abuse of discretion amounting to lack or Macapagal-Arroyo and Aguas. In fine, the Court concludes that the
excess of jurisdiction cannot be thwarted by rules of procedure. Sandiganbayan completely ignored the failure of the information
The Court is constitutionally duty-bound to “strike down grave to sufficiently charge conspiracy to commit plunder against the
abuse of discretion whenever and wherever it is committed.” petitioners; and ignored the lack of evidence establishing the corpus
delicti of amassing, accumulation and acquisition of ill-gotten
On the substantive aspect of the case, the Court ruled that wealth in the total amount of at least P50 Million through any or all
the prosecution did not properly allege and prove the existence of the predicate crimes.
of conspiracy among Macapagal-Arroyo, Aguas, and Uriarte.
Conspiracy is not a crime unless the law considers it a crime.
The Court emphasized that the agreement to commit an offense
must be a conscious one and that conspiracy must be established
by positive and conclusive evidence. Each of the accused must
be shown to have performed an overt act in furtherance of the
conspiracy.
The Court also held that the law on plunder requires that
a particular public officer must be identified as the one who
amassed, acquired or accumulated ill-gotten wealth. As such,
where several individuals are charged with the crime, there
must be a main plunderer and her co-conspirators, who may Official portrait of Hon. Lucas P. Bersamin at the Chief Justices' Gallery
be members of her family, relatives by affinity or consanguinity, outside the En Banc Session Hall.
BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE 17
Chief Justice Bersamin
Signs Last Official Document
The last official document signed by the Hon.
Lucas P.
P Bersamin as the 25th Chief Justice
of the Philippines
P is Special Order No. 2718
designating
designa then Senior Associate Justice
Antonio T. Carpio as Acting Chief Justice.
18 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE
Justices Pay Tribute
to the Chief Compiled by Tiffany Ines C. Atendido
T hose who had the privilege of working closely with Chief Justice
Lucas P. Bersamin have written tributes on the occasion of his 70th
birthday and retirement from the Judiciary.
HON. DIOSDADO M. PERALTA I learned a lot from him, especially in the areas of remedial
Chief Justice, Supreme Court of the Philippines law, the law on evidence. And I would like to think that he also
learned from me in so far as criminal law and criminal procedure
It goes without telling that among those I have had the are concerned.
privilege of working with in the Judiciary, it is with Chief Justice
One of my fondest memories of our friendship happened in
Luke whom I share the closest of friendships—one that is built
the year 2000, when Chief Justice Luke was awarded by the Chief
on trust and mutual respect.
Justice Fred Ruiz Castro Memorabilia Commission for having
issued both the Best Decision in Criminal Law and the Best Decision
Chief Justice Luke and I have been friends since 1994, the in Civil Law among all Regional Trial Court judges in the year
year I joined the Judiciary as a trial court judge. He was ahead of 1999. The joke among our fellow judges then was that he had
me in service by eight years, so I had always looked up to him already surpassed me, because he was given the two awards in
as someone who could guide me in my work, me being a new the same year, which was a rare feat. However, not long after, it
Regional Trial Court judge then. We became close friends, to was my turn to be conferred by the Supreme Court the Special
the extent that we used to have lunch together in his chambers. Centennial Award in Criminal Law during the Court’s Centennial
There was not a day that we did not talk or confer with each celebration in 2001. I always say that this was an even rarer feat,
other. We talked about work, mostly—legal doctrines, decisions because my award is only given once in every 100 years.
of the Supreme Court. We analyzed rules and legal issues over
lunch. This was our daily routine until I was promoted to the And so, in 2002, probably so that we would not be envious
Sandiganbayan in 2002. Not long after, he himself was promoted of each other’s accomplishments, we both were recognized as
to the Court of Appeals. outstanding judges of the Regional Trial Court by the Society for
BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE 19
Judicial Excellence—Chief Justice Luke was given the Chief Justice not probably recall that I was there at the back of the Dignitaries'
Jose Abad Santos Award, while I was conferred the Chief Justice Ramon Lounge as the Dean of the UP College of Law when he took his
Avanceña Award. I believe this is also proof that our friendship is oneoath as Associate Justice of the Supreme Court. In my close to
that is also founded on our equal competence and professionalism. seven years as a member of the High Bench, I have had the honor
of being received by him in his chambers many times to discuss
Levity aside, even during the times when I was a Justice of possible compromises on points of law, to touch base after I register
the Sandiganbayan and he was a Justice of the Court of Appeals, my dissents to some of his ponencias, and even to find ways to mend
Chief Justice Luke and I never failed to get in touch with each other controversial issues that hounded our institution.
especially when either of us were confronted with difficult or novel
issues in our work. As fate would have had it, both of us were I have witnessed him take the lead, and from the mirror of my
eventually promoted to the Supreme Court in 2009, myself as the own experience, I can confidently say that he took on the dignity
162nd Associate Justice and him as the 163rd Associate Justice of and stern responsibility of his office like a Cordillera pangat—the
the Court. This truly, and quite literally, goes to show how close the elder who holds a bodong or peace pact that protected his tribe
Chief Justice and I are. in its relations with all other tribes. He was like the Cordillera
mansasakusa, the skilled negotiator who risks his own life to find an
On a professional note, I wish to thank the Chief Justice for his end to a brewing misunderstanding that could lead to tribal wars.
years of committed public service; I will undeniably miss working He displayed wisdom similar to the kafagway or the meadows:
with him on an almost daily basis. On a personal note, I wish to quiet, seemingly yielding yet precise in its ability to take solid roots
thank him for friendship that we shared, and will continue to share to guide us forward.
even after his retirement from the government. Godspeed, Luke!---
The first Chief Justice from the Cordilleras is a warrior—
courageous to the extent that he entrusted the control of his
•--§--§--•
retirement ceremony to the person who disagreed with him the
most. My dissents and the passion in them are nothing without
HON. ESTELA M. PERLAS-BERNABE his ponencias. Likewise, the deliberate, conscious, and painstaking
Senior Associate Justice, Supreme Court of the Philippines arguments he put in many of his ponencias are nothing without my
Ever the man of action, Chief Justice Lucas P. Bersamin was quick dissents. Indeed, the respect earned by a leader will never become
to regard his ascension as top magistrate as “a responsibility, not a new real without the leader’s own respect for those who do not agree
job.” And though he only had 324 days to fulfill said responsibility, he with him.
unleashed every ounce of strength he had for an awe-inspiring sprint
In the many faiths that I believe in, life has no beginning nor
to the finish line. The significant milestones he reached under his
end. What is apparent for now may not always what will be.
4-point agenda have created an enormous and enduring impact on the
Everything is impermanent and at a given moment, hopefully very
delivery of and access to justice. Despite the brevity of his term, Chief
well deserved, we hang our robes, shed our titles and remove our
Justice Luke has proven that he is a strategic leader who motivated
masks for the younger generation to carry on. In doing so, we do not
and empowered his people towards achieving goals whose benefits
become less, for we leave with the people and institutions we have
will surely outlast him. And together with his multitude of grateful
worked with, not our corporeal existence, but the lingering words
supporters, colleagues, and employees, I say, “Well done, Chief!”
that have found their way into jurisprudence which came out from
As a colleague, Chief Justice Luke had been vocal of his opinions, the tip of our pens distilled from all our wisdom. It is strange, but
and while we were not always in agreement on a number of issues, for magistrates, they will be most remembered by others when they
I gained wisdom from our spirited discussions in the way that iron are no longer there. Our words echo far beyond our retirement.
sharpens iron. He had given more than three decades of his life in the
•--§--§--•
Judiciary, and is rightfully considered as an immovable pillar of the
justice system. It was truly an honor sitting in the High Court with a
HON. ALFREDO BENJAMIN S. CAGUIOA
dedicated public servant.
Associate Justice, Supreme Court of the Philippines
If there is anything I admire most about Chief Justice Luke, it is his
Chief Justice Lucas P. Bersamin embodies a magistrate steeped
deep love for his family, especially his wife. Rare are the occasions that
in experience. Wise and calm, he led the Court in a true spirit of
he is seen without his better half, Aurora. He always brings her with
collegiality.
him especially when he travels. Indeed, only a man who manages his
household well can wield the same authority and influence with which Being one of the more senior Justices when I joined the Court,
Chief Justice Luke has successfully governed the Judiciary. then Justice Luke was one of the very first to warmly welcome me
Chief Justice Luke, this may be the end of your service to the and from the get go, treated me as a peer and seriously considered
Judiciary, but certainly not your service to your fellowmen. It is my viewpoints. His congenial nature is one of the characteristics
time for a new beginning. For it is written, “every new beginning I most admire in the Chief Justice. I saw this congeniality foster
comes from some other beginning’s end.” It is my prayer that the inclusiveness, from the dinners he hosted with Justice Peralta
good Lord will give you the inspiration and the strength to devote during the Court’s summer sessions in Baguio to his style of decision
yourself once more to new adventures and advocacies that will fill making during deliberations in En Banc sessions.
the succeeding chapters of your life story with honor and glory for The Chief Justice’s expertise in the law, particularly in civil
the Almighty. procedure, is widely recognized, and for which I have the greatest
•--§--§--• regard. Several of his authoritative ponencias in drug cases were
integral in the formative period of my position requiring strict
compliance with the express provisions of Section 21 of RA 9165.
HON. MARVIC M.V.F. LEONEN
His articulation of the rules displayed a deep understanding of
Associate Justice, Supreme Court of the Philippines
this intersection of criminal law, constitutional law, and the rules of
The retirement of a Chief Justice is not an ordinary affair. By evidence. With his ponencias, I became convinced that my position is
tradition, the eras of the Supreme Court are referenced with the based not only on a sense of justice but also has the benefit of sound
names of its primus inter pares. Chief Justice Lucas P. Bersamin will jurisprudential support.
20 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE
What was even more inspiring and humbling for me is to see that period, I have seen his dedication as a transformative jurist. He
someone of the Chief’s caliber willing to listen and sometimes even has always espoused strict adherence to the rules, while advocating
adopt contrary opinions from his peers. Perhaps as a result of his reforms which seek to modernize the Judiciary.
long tenure as a magistrate, the Chief Justice has perfected the
judicial demeanor — his passion is tempered and harnessed into Under his leadership, our procedural rules have become
persuasive argumentation that is never out of turn. Whether inside more responsive to the times and the needs of the people. Court
or outside the judicial chambers, I have always admired how the infrastructure, both physical and qualitative, have been enhanced.
Chief Justice is always respectful. Projects such as the Revised Law Student Practice Rule and guidelines
for the use of videoconferencing technology, among others, have
I was therefore very happy to see his appointment as Chief made justice more accessible to all.
Justice on his penultimate year in the Court; this was a well-deserved
culmination of his excellent judicial career. Thus, on behalf of the Court and our Nation, I extend my sincerest
thanks to Chief Justice Bersamin. Your dedication to the “culture”
While this presented a unique and immense responsibility of of public service has made the Judiciary more proud, independent,
leading the Court shortly after the division engendered by the quo and better equipped to face the modern age. I bid you only the best
warranto case, I could not imagine a better person to perform the in your future endeavors and hope that you continue to be at the
role. His congenial nature, his high respect for his peers, and his forefront of the Philippine legal profession for years to come.
inclusive approach in leading the Court were definitely traits that
made him the man for the job. I am sure Aurora, Pia, Luis, Lucas, Karissa, and the rest of the
“bears” are excited to have “Papa Bear” back in the cave.
And he performed to the best of his abilities. He sought to heal the
Court and begin the return to normalcy. He did this and more. Very truly yours,
Justice Andres B. Reyes, Jr.
Chief Luke, congratulations on your retirement. Thank you
very much for your long and faithful service. I am honored to have •--§--§--•
served with you.
•--§--§--• HON. ALEXANDER G. GESMUNDO
Associate Justice, Supreme Court of the Philippines
HON. ANDRES B. REYES, JR. “To be seventy years young is sometimes far more cheerful and
Associate Justice, Supreme Court of the Philippines hopeful than to be forty years old.” - Oliver Wendell Holmes, Sr.
There is no higher honor in our profession than to serve as the It is my heartfelt pleasure to congratulate Chief Justice Lucas
Chief Justice of this great institution. But, this distinction brings with P. Bersamin on the occasion of his retirement from the Judiciary.
it the heaviest of burdens; to lead the courts with the highest level Surely at 70 and beyond, Chief Lucas will bring more cheer and
of excellence, independence, and integrity. Now, at the end of his inspiration to others.
illustrious 33-year career, 17 of which I have witnessed personally as
his colleague in the courts, I am confident in saying that Chief JusticeMy close working relationship with Chief Lucas began in 2008,
Bersamin has led not only with the aforementioned attributes, but when we both joined the seminar on Improvement of Judicial
also with the utmost humility, patience, and sincerity. Fairness and Efficient Judicial Administration organized by the
Supreme Court of Korea and the Korea International Cooperation
While his career in the Judiciary began in 1986, it was only when Agency held in Seoul, Korea. Unbeknownst to me, this would
Chief Justice Bersamin was appointed to the Court of Appeals in mark the beginning of one of my most treasured professional
2003 that I was afforded the opportunity to collaborate with him. In relationships. He nurtured my interest in remedial law as a field
BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE 21
of concentration. I am proud and grateful to call Chief Lucas as my that intellectual giants are not necessarily indifferent or oblivious to
brother-in-arms and my friend. practical matters concerning an organization and its human resources.
Chief Lucas’ 33 years as a magistrate has been marked by an More than 30 years in the service as an even handed and
unparalleled display of excellence, diligence, insight, and integrity. scholarly magistrate may also be a foreshadowing of CJ Bersamin’s
His love for the country and its development is reflected in the ability to inspire respect among colleagues and law academicians.
decisions he has penned and the advocacies he has pursued. Under A consistent top student from his elementary grades until placing
his leadership, the Court formulated the new Rule 138-A and 9th in the 1973 Bar exams — with a score of 100% in criminal law —
embarked on a regional consultation with all the stakeholders in our beloved Chief was a Judicial Excellence Awardee in 2002. The
legal education culminating in a national summit aimed at moving recognition comes as no surprise, considering his unprecedented
legal education in the country toward developing the skills and feat of having written the Best Decision in both Civil Law and
sense of social responsibility of those aspiring to be lawyers. The Criminal Law among RTC judges in 1999, a choice arrived at by
result of that national summit is the publication entitled “Shifting different sets of judges for each category.
Paradigm. Remodeling of Legal Education in the Philippines.” I
am proud and grateful to have undertaken this endeavor under his Thank you, Chief, for all that you have done for the Judiciary
behest. and the example that you have set. I was also appointed to the Court
of Appeals in 2003, the same year that you were appointed, and it
Chief Lucas has restored collegiality in the institution. has been an honor serving alongside you in the appellate court for
Throughout his tenure as a magistrate, he has exemplified an six years. It has been an even greater honor serving with you in this
unimpeachable character worthy of emulation. There is no doubt Court.
that his future ventures will be marked by the same excellence and •--§--§--•
commitment he has demonstrated in the Judiciary.
HON. RAMON PAUL L. HERNANDO
Chief Justice Lucas P. Bersamin is truly primus inter pares.
Associate Justice, Supreme Court of the Philippines
•--§--§--•
He may be retiring, but he is never really leaving. Despite the
HON. JOSE C. REYES, JR. briefness of his stint as the head of the highest Court of the land,
Associate Justice, Supreme Court of the Philippines Chief Justice Lucas P. Bersamin has seared, stirred, and steered
the Judiciary with his indelible and illuminating presence. He has
There are those who believe that a leader must choose between admirably held the Chief Justice position with the unshaking hands
being loved or respected, implying that these two are inconsistent of a dedicated leader, in utmost circumspect and judicious level-
with each other. The Judiciary, however, has been fortunate enough headedness. His headship may have been fleeting but his legacy is
to have at its helm for the past ten months a leader who inspires bold: CJ Bersamin has timely inspired us with a renewed sense of
both love and respect from court employees and peers. awareness and discipline that we, the Judiciary, are mere stewards
of the Filipino people, sworn to uphold and display the standards
Chief Justice Lucas Purugganan Bersamin has been described by
befitting of government service. His entire legal practice proved no
rank and file employees as “strict but fair.” I would like to amend
different. Excellence has always been his Polaris, with diligence as
that perception to be more accurate. The word “but” connotes
his shield, and justice, his pen. Much can be said about the greatness
contrast, and CJ Bersamin has certainly harmonized being strict
of a person like Chief Justice Bersamin, the utterance of which is just
with being fair. CJ Bersamin demonstrated that an effective leader
a superfluity. I can only voice out a lofty hope that we would emulate
must be both strict and fair.
his example. Here’s to the celebration of CJ Bersamin’s professional
It is this innate ability to harmonize that also makes CJ Bersamin retirement, a well-deserved prefatory to his best days ahead.
an effective presider. It is no small feat to deftly guide discussions, •--§--§--•
spanning divergent viewpoints from some of the brightest minds of
our time, towards finding a common ground. It is a similarly great HON. ROSMARI D. CARANDANG
challenge to lead a mammoth organization composed of individuals Associate Justice, Supreme Court of the Philippines
from diverse backgrounds, an organization that happens to be one of
the three branches of government with a crucial role in the fate of our Chief Justice Lucas P. Bersamin’s career reveals a dedication to
nation. We all agree, and are very grateful, that CJ Bersamin proved public service, particularly in the Judiciary where he served for
himself up to the task. thirty-three years.Although his tenure in the Supreme Court lasted
only ten years, and his time as Chief Justice only eleven months, his
CJ Bersamin’s prompt action on employee matters is widely impact was meaningful. It is still too short a period to impose strong
appreciated. His well-known concern for court employees and keen administrative reform on the Judiciary but long enough to have a
grasp of administrative matters was perhaps foreshadowed by his 17 united institution to hand to the next Chief Justice.
years as a trial judge, his six years with the appellate court and his
nine years as an Associate Justice of this Court. It only goes to show I have been privileged to work up close with CJ Luke since we
have been appointed on the same date in March 2003, together
with Justices Noel Tijam and Hakim Abdulwahid, to fill up four
vacancies in the Court of Appeals. It was a wonderful ending that
three of us were privileged to reach this High Court.
22 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE
testament to the fact that recognizing tradition and hierarchy will
bring us to renewed optimism in the legal profession. Political
imagery may somehow blur the lines but a proven track record and
years of experience will never lie.
CJ Luke also left some clues about the influences that shaped his
perspective on life and law. It is no secret that he is devoted to his
beloved wife, Rorie; his children and grandchildren; and his entire
extended family.
BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE 23
I know we'll meet again public purpose.
So let your life begin
'Cause this is not goodbye We admire Chief Luke for being the quintessential family man.
It's just… Interviewed upon his appointment as Chief Justice, he was quoted
by this publication sharing: “I give priority to my family [because]
Hanggang sa muling pagkikita Chief! You are loved and forever we cannot live back years that you do not spend with them. You
you will be! cannot go back and recover what you lose.”
24 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE
HAIL TO THE CHIEF Compiled by Tiffany Ines C. Atendido
" Chief is also the kind of boss who would treat all members
of his staff as family."
As the father in our Office, he bit more priority than the other me the same instructions, only to
C
hief Justice Lucas P.
Bersamin is a brilliant was stern and yet yielding. He important cases. find out that he was then calling
jurist with a very warm and gave much room for personal and at the ground floor and was about
professional growth. He neither Chief is the kind of boss who to enter the elevator of the office
serene personality. When
denied any of us the opportunity to would respect office hours and building. Pressure? No. He is just
I learned that he
further our career, nor kept us from sparingly ask us to stay if he being him.
will be featured in a Benchmark
caring for and spending time with needs to finish a case that we have
special edition, I immediately
our families. While he valued work initially worked on. Since I would Perhaps some of you may have
took the task of writing him
and demanded that we be excellent often arrive at the office early, I called the Justices of the Supreme
a tribute. This chance to speak
in our jobs, he never thought twice know that when the phone rings Court as the “Gods of Padre Faura.”
about such a remarkable person is
to send you home to care for a sick at around 8:00 a.m., it would be Oddly, I cannot consider Chief as a
indeed a privilege and a pleasure.
family member. him calling. As early at that time, god. He never acted as one. He is
I thought it would be too easy
usually during Tuesdays, he always mortal.
as CJ Luke has accomplished so
much that is worthy of recognition I dream of becoming a judge would give me instructions like
Chief is also the kind of boss
and appreciation. And with all someday. And from everything download specific cases, study
who would treat all members of
that was written and said about I learned from CJ Luke, I know I them, and give him a briefing once
he arrives. At one time, he gave his staff as family. When my mom
him, the accolades he received, the will do well. I wish to make him
testimonials given in his honor, and proud of me as I am of him. I have
the many hats he wears, I chose to such high respects and admiration
say something about CJ Luke as a for him, not only because of his
father. achievements that he worked so
hard to attain but also because of
CJ Luke and Ma’am Rorie have his genuine humility, warmth, and
four well-rounded and successful generosity, and a character that can
children in their own fields. If they fairly be described as noble.
were to be judged based on how
Atty. Ellen V. Abesamis-Quinto
well they raised their children, they
Chief Justice Staff Head
would easily get perfect scores. As
CJ Luke progressed in his career in (Atty. Abesamis-Quinto was appointed
the Judiciary, he became father, not Presiding Judge of MeTC, Branch 65, Makati
City as of press time.)
only to his own children, but to his
--•••--
“children” in the profession as well.
Chief Bersamin once said that
As head of the Judiciary, he a person with a vision has no time
led the Court with distinction for drama. So Chief, do not worry,
and discipline. He did not shirk I will spare you from drama.
imposing chastisement, if need
be. He is really slow to anger and After working with him for
effortless in making even the entry- more than nine years, I have been
level employees feel at home. accustomed to his work ethic
Amongst the other members of and style, that what I initially
the Court, he was well-respected. felt as “pressure” had turned
Whether they agree or disagree into “comfort” and something
with his positions, he was always enjoyable. Chief would normally
rigorous and thoughtful in writing assign cases, one after the other,
decisions that are persuasively each with the same special
expressed in easily understood instruction to prioritize over other
prose. They liked him, and listened cases previously assigned. But
to him — even when some, at times, over the years, we were able to
disagreed with him. discern which should be given a
BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE 25
was initially diagnosed with cancer, ako ha? Tingnan mo eyebags ko!” opportunity to serve on your legal OCJ Bersamin Family.
Chief was the first one to know. Who am I to say no to a Justice of the team. I have learned so much under
Atty. Chloe S. Fadera
He expressed his concern, and Supreme Court pleading for help? In your mentorship in the past year.
Court Attorney VI
immediately, I sensed his empathy. 2018, when Malacañang announced You are an inspiration to all of us
his appointment as the 25th Chief who also aspire to have an enduring --•••--
Chief had always displayed Justice of the Supreme Court, I sent and successful career in the Court
humility. He believes that one a message to congratulate him. He and in the Judiciary. I wish you well Dear Chief Justice,
should never be arrogant and replied saying, “Thank you. You on your upcoming retirement. You Congratulations on your
conceited. He would always say, will have to rejoin us.” And when deserve all the accolades that you retirement! May you have a relaxing
“Huwag kayong mayabang. Dahil I told him that I have to go back to are receiving now for your brilliant new chapter ahead of you with lots
siguradong mayroon diyan na mas my office after his oath taking, he career on the Bench and your of wonderful memories with your
matalino at mas yayabang pa kaysa sa said, “Mag-file ka na ng resignation decades of tireless, selfless service family. Thank you for allowing me
inyo.” That is the reason why one mo. Tulungan mo ako.” And so I did. to our country. It is an honor to have to serve the country with you.
would never feel alienated when been a part of your OCJ family.Atty. Jose Aurelio Alban
he is around. His presence will not To our beloved Chief Justice,
God bless you, Ma’am Rorie, Court Attorney VI
make you feel a lesser individual. we thank you for the confidence,
All he had to do was flash his the patience and most of all the and your entire family always. --•••--
disarming smile. He has always opportunity to be trained under
been accommodating to those who your wings. Personally, I thank I salute you, Chief! Chief, working for you has been
seek his audience and ask for his you for being one of the few who an honor and a blessing to me. I
Atty. Maria Cherell de have learned a lot from you, and I
assistance, and do, to the best of his believed in me and for showing Castro-Sansaet
ability and authority, to help and me how a true magistrate uses his promise to uphold your teachings
Court Attorney VI as I continue to serve the Judiciary.
resolve their concerns. wisdom to settle controversies.
We all know that despite your --•••-- You and Ma’am Rorie will always
Those who have worked with be Papa Ber and Mama Ber to me. As
retirement from the Judiciary, your
the Chief know that he values I feel privileged to have been you both have provided a second
restless soul will still search for
time. He rarely arrives late for his part of your legal team. I will always home for us, employees, to grow,
other means to be of service to God
schedule because he does not want be grateful for this opportunity. and nurtured the office into a family
and to the country. We will all miss
others to wait for him. Ironically, Happy retirement, Chief! Maraming that makes such home complete. I
you.
Chief would be unwary of time salamat po! have nothing but love for you and
when it comes to work because once Atty. Charisma Nolasco the whole OCJ family! God bless
Mina
he assigns something, he would, Chief Justice Staff Head and happy retirement!
Atty. Franchesca D. Batungbacal
almost every minute, follow up on
--•••-- Court Attorney VI Atty. Karen Christine S. Red-Lock
the status or keep reminding us to
work on the matter. But in each time Court Attorney VI
Dear CJ Luke, --•••--
he would follow up, he would do Do you remember, Sir, when I --•••--
so without being overly imposing. Dear CJ Bersamin,
approached you around this time
Like a father, he would gently I consider myself very blessed Dear Chief,
last year regarding the possibility
remind us of the task at hand. to have an opportunity to work for Thank you for all the guidance,
of joining your legal staff and you
someone like you. You are more knowledge, and wisdom you have
said there was no vacant position
Chief knows that when than just a boss; you are truly an imparted. We wish you good health
then but you’d consider me should
opportunity knocks, you should go inspiration. Your hard work and and blissful days ahead! Happy
a spot open up? Fate was truly kind
for it. When I informed him of my dedication have inspired me since birthday po!
to me when you were appointed
resignation, he did not convince me the moment I first joined your staff.
Chief Justice shortly thereafter and Atty. Al Mohammadsali
to stay knowing that I have chanced Thank you very much for helping
you were able to hire more lawyers. Court Attorney VI
upon a good opportunity. I will not me achieve my dreams. I will
I cannot thank you enough for
forget my last day in office when he always be proud to be part of the --•••--
taking me in and giving me the
opened and served the lawyers with
a bottle of wine, and chatted with us
for a while. I thought then that he
was elated that finally I am leaving
the office. However, the following
day, I received a text message from
him at 8:05 in the morning wishing
me success on my new endeavor.
He followed it up with a Latin
maxim “Festina Lente” and even
took time to explain its meaning.
He went on to tell me that bigger
things are in my horizon based on
his impressions of me for the eight
years of working under him.
Chief is never insecure of his
limitations. He knows the extent of
his authority and abilities that he
would not hesitate to ask for help
when he needs one. During the
second week of the 2017 Bar when
he was the Chairperson, he called
me to his Chambers and said, “Iha,
paki-tulungan mo naman ako. Sabihan
mo rin si Lala at Rigor, tulungan ninyo
26 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE
He would
always say,
“Huwag kayong
mayabang.
Dahil siguradong
mayroon diyan
na mas matalino
at mas yayabang
pa kaysa sa inyo.”
away that I was doing the right their own shine. I have seen how Due to my almost 10 years of
Dear Chief, thing – even if I didn’t exactly know you have reached out to people being part of CJ Bersamin’s legal
what I was supposed to be doing
I wish you a radiant and blessed and genuinely made them feel staff, I could say that he is the type
to begin with. I was looking for a
retirement! I am forever grateful for included, that they have a stake of boss who is not modest when it
change, or at least some direction.
the love, joy, and lessons graciously in the bigger picture. You have comes to giving compliments and
shared by you and the Bersamin My father, whom I idolized, had shown so much patience, empathy, more than willing to mentor anyone
family! Happy, happy, happy then just passed away; followed and understanding towards those who seeks his guidance. I don’t
birthday po, CJLPB! We love you by my sister, Charisse, ten months whose views may have differed remember an instance where he
3000! later. I was frustrated with my job from yours without having them raised his voice even in times where
at the bank and I had toyed with the submit and concede that you were his staff might have committed a
Atty. Abraham Joseph B. Alcantara idea of dusting off my 20-year old right. blunder.
Court Attorney VI law degree.
I wish people hear you laugh He has always shown a good
--•••--
The interview didn’t last long, more. example for his staff to emulate. He
Chief, maybe ten minutes, tops. All is the epitome of professionalism,
It has been a wonderful part of I want to thank you, Chief, for
that time I was praying that you validating every value that I have dedication, and hard work that
my life journey to be given a once wouldn’t ask for my transcript ever been taught by my parents, and even during his supposed wellness
in a lifetime opportunity to call you of records in law school, so I was which I hold on to dearly. Thank leave, he goes to the Supreme Court
“Chief.” Thank you because you relieved when you instead asked you for showing me the value in (to the slight disappointment of
have shown us the best version of when I could start. Of course, at the denying oneself and taking the high his staff =)). CJ Bersamin regularly
your leadership. All throughout back of my head, I was probably a road. You are truly hero worship- rewards his staff with merienda
my employment at the Supreme shoo-in considering that you and worthy. and to sumptuous lunch or dinner
Court, you have provided us with my Mom had known each other at buffet restaurants. Even during
a kind of leadership that gave more since 1991. At the same time, it was Bud the summer sessions, he always
significance in our pursuit to give also because of it that I felt that I had makes sure that his staff is well fed
genuine and honest public service. to prove my worth even more than P.S.: and comfortable.
the next guy. To the Chief of the Chief, Ma’am
With all my heart, I am
Tita Rorie, On a personal level, I could not
expressing my sincerest gratitude To be honest, I was very thank Apo Luke enough for all the
to you and to Ma'am Rorie who intimidated. And who wouldn’t You have become such a big opportunities that came my way
both showed unconditional faith be? Everyone I had spoken to had and welcome part of the whole because of my employment in his
that I can achieve a better version all these glowing things to say experience of working with the office. I will forever cherish all the
of myself. I am very certain that if about you: how brilliant you are, Chief. Thank you for looking after professional and personal lessons
it were not because of your faith how lucid and well-crafted your every single one of us, making sure that I learned from him.
in me, I would not have made this ponencias are, and that you are a we are taken care of, and failings
dream come true. Thank you so tireless perfectionist, etc. And they are addressed. I am in awe of your Atty. Jeffrey G. Gallardo
much, Chief and Ma'am Rorie. are not wrong, but having had the candor, kindness of heart, and Judicial Staff Head
Sincerely, advantage of working under your sincerity.
Atty. Noreen B. Bragas guidance for the last seven-plus
years, there’s a whole other side of And just like Chief Justice Luke,
Court Attorney V I wish people hear you laugh more.
--•••-- you that they have missed.
Nakaka-good vibes.
I wish more people had
Chief, Maraming salamat po!
experienced your generosity, not
When I walked into your only with compliments, but also Jose Salvador A. Zenarosa
office for my interview on the first with your knowledge and wisdom SC Chief Judicial Staff Officer
working day of 2012, I knew right and in allowing others to find
--•••--
BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE 27
EXITInterview By Tiffany Ines C. Atendido
28 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE
BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE 29
30 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE
BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE 31