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Justice Mariano C. Del Castillo petitions the Supreme ...sc.judiciary.gov.ph/files/benchmark/2019_BM 4-3.pdf · cause of law and justice, underpinned by his singular sense of compassion

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Page 1: Justice Mariano C. Del Castillo petitions the Supreme ...sc.judiciary.gov.ph/files/benchmark/2019_BM 4-3.pdf · cause of law and justice, underpinned by his singular sense of compassion
Page 2: Justice Mariano C. Del Castillo petitions the Supreme ...sc.judiciary.gov.ph/files/benchmark/2019_BM 4-3.pdf · cause of law and justice, underpinned by his singular sense of compassion

2 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE

Justice Mariano C. Del Castillo petitions the Supreme Court En Banc for admission to the Bar of the successful 2018 Bar examinees on June 13, 2019 at the Philippine International Convention Center.

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EDITOR’SNoteIt is surprisingly coincidental that the articles in this

issue of Benchmark mirror the life-journey of a lawyer.

Last June 13, 2019, 1,800 new lawyers took their oath as members of the Bar during the special En Banc session of the Supreme Court held at the Philippine International Convention Center. Only 1,800 of the 8,155 examinees of the 2018 Bar exams passed, for an overall passing rate of 22.07%.

Hurdling the Bar exams in the Philippines is no small feat. It takes a lot of grit and determination to survive what is arguably the most diffi cult professional licensure examination in the country. Accordingly, Benchmark honors 13 newly minted attorneys from the Supreme Court in an article entitled: “New SC Lawyers” by Darylle Evie Mae C. Catabay.

Benchmark also features in this issue, the Deputy Court Administrator for Mindanao, the Hon. Leo T. Madrazo. DCA Madrazo became a lawyer in 1990. From the time DCA Madrazo was a greenhorn lawyer, he has steadily risen from the ranks and aptly earned his stripes. Know more about DCA Madrazo in the article "Meet the Deputy Court Administrator for Mindanao, DCA Leo T. Madrazo" by Jay B. Rempillo.

Finally, for our cover story we honor Supreme Court Associate Justice Mariano C. Del Castillo who has been with the Judiciary since 1989. Justice Del Castillo is set to retire on his 70th birthday on July 29, 2019. The articles featuring Justice Del Castillo, namely "Putting a Human Face on Justice: Justice Mariano C. Del Castillo" and "Fast Talk with Justice Del Castillo," were written by Annie Rose A. Laborte. The tributes to Justice Del Castillo by his fellow Justices of the Supreme Court and his staff were compiled by Tiff any Ines C. Atendido; while Atty. Maria Victoria Gleoresty Sp. Guerra prepared a summary of the signifi cant decisions penned by Justice Del Castillo during his ten-year tour of duty with the Supreme Court.

We hope you enjoy reading the articles in this issue of Benchmark.

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4 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE

Supreme Court Justice Mariano “Mar” Cairo Del Castillo hangs his judicial robe on July 29, 2019, exactly 10 years to the day he was appointed to the High Court. His decade-long service in the Court is marked with unswerving commitment to the

cause of law and justice, underpinned by his singular sense of compassion and fairness. By sheer dedication, hard work, and diligence, Justice Del Castillo has achieved—and maintained—a zero-backlog docket for months, if not years—before his retirement.

“Our work here [of] dispensing justice or deciding cases, to me, is a very signifi cant and a very sensitive matt er... Every case counts,” declares the working Chairperson of

the Court’s First Division. He shares he tries to decide on as many cases as possible “because that is what is expected of us.”

“I’ve always told myself that anything worthwhile doing should be done right away so I value time. Time wasted is gone forever; you can never

recover that. It’s as though everything is urgent for me. I try to accomplish as much [as I can]. I try to do practically everything that I have lined

up for me for the day,” Justice Del Castillo says. Hence, it is of no surprise that Justice Del Castillo is among those, if not the fi rst,

to circulate his recommended actions and draft resolutions/decisions for the next scheduled deliberation or session.

Moreover, during the session, Justice Del Castillo already has the fi nal version of the ponencia ready for signing

by his colleagues. That way, his staff is relieved of the burden to go "door to door" for the signing of the

ponencia.

“If we want to maintain our caseload, then we have to dispose of as much [as we receive] also; otherwise it

will pile up, and we’ll have a backlog of cases,” the magistrate notes. But justice to Justice Del Castillo is more than docket numbers and disposition rates of cases. Beyond the numbers, he sees with great sensitivity the human condition of the parties in litigation.

BRINGING THE COURTS CLOSER TO THE PEOPLE

Justice Del Castillo speaks from the heart when he says the effi cient and eff ective delivery of justice “makes people happy.” Not only does Justice Del Castillo walk the talk, he also literally walks the extra mile to deliver justice. Since 2010, he has been chairing the Enhanced Justice on Wheels (EJOW) Program, the Court’s centerpiece program in improving access to justice, particularly

in far-fl ung areas and docket-heavy courts. Even with the pressing duty of adjudicating cases, “We have to fi nd time for this other activity of the Court,” he adds.

Since its launch in 2004, the EJOW Program has so far aided the release of 10,254 inmates from all over the country. Its multi-component approach to access to justice has

By Annie Rose A. Laborte

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“Having gone through it, I know how important it is; how sensitive it is because it involves the integrity of the Bar examinations and even of the Court itself, not to mention the future of those taking the Bar examinations,” Justice Del Castillo says. It took him three years to prepare for such designation.

Justice Del Castillo says the law deans were happy because he consulted with them to come up with fair and reasonable questions for the 2018 Bar examinations.

He made sure to cover all contingencies. For the fi rst time, examinees were prohibited from wearing any wristwatches as some are capable of storing and receiving data. Instead, Justice Del Castillo asked the UST to install wall clocks in each exam room. It was also the fi rst time when even the security personnel assigned to the building where the questionnaires were reproduced were “quarantined” there to further ensure the integrity of the Bar exams.

As part of his legacy, Justice Del Castillo has draft ed a Manual for Bar Examinations which will serve both as guide and benchmark for all future Chairpersons of the Bar Committ ee for the successful conduct of the Bar examinations.

paved the way for 28,190 inmates to avail themselves of medical and dental att ention and 8,781, free legal aid.

The EJOW Program, which involves the use of a bus cum mobile court housing both a courtroom and a mediation room, has also resulted in the successful mediation and immediate resolution of 13,824 cases. Its information dissemination component, in which lectures are being conducted by resource persons from the Philippine Judicial Academy (PHILJA), has been att ended by 36,182 barangay offi cials. “They are the frontliners of our criminal justice system so they have to know. We try to update them on barangay protection orders [in Violence Against Women and Their Children (VAWC) cases], Diversion Under the Juvenicle Justice Act, among other topics,” Justice Del Castillo reveals.

A total of 10,784 stakeholders in the criminal justice system have att ended dialogues, while 17,510 court employees have actively taken part in team buildings in two more components of the EJOW Program.

“The EJOW is a very emotional [program] because if you have witnessed what we do there, it is a very touching experience,” Justice Del Castillo shares. He describes a freed inmate’s reunion with family members waiting outside the bus immediately aft er the judge issues a release order inside the EJOW bus. “They need not wait for another day.”

Justice Del Castillo says the EJOW Program “brings hope to the people” because “it’s not just the poor going to the court; it’s the court now going to you… We [in the Judiciary] are not just here in the comforts of our offi ce. We go down and try to reach them and try to dispose of as many cases as soon as possible.”

There are nine EJOW buses, one acquired through the eff orts of Justice Del Castillo, as of this writing. “We try to manage with the litt le resources that we have,” he stresses.

CHAIRING THE 2018 BAR EXAMINATIONS

Another legacy of Justice Del Castillo is his successful leadership in the conduct of the 2018 Bar examinations at the University of Santo Tomas (UST) in all four Sundays of November last year with a record high of 8,155 examinees.

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6 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE

QUALITIES OF A GOOD SC JUSTICE

As one who served 30 years in the Judiciary, Justice Del Castillo is indeed more than qualifi ed to name the virtues of a good SC Justice. According to him, a Justice should be honest, competent, effi cient, and possess integrity as well as time and stress management skills.

Justice Del Castillo believes that all these entail sacrifi ce. He fi nds apt the symbolism of the salt, which gives taste to the food we eat, but in the process dissolves itself. “Without fanfare, it consumes itself gradually. It sacrifi ces itself.” He also mentions the candle, which, aft er giving light, burns itself out. He adds that service to others is “the rent we pay to heaven for our brief stay on Earth.”

He abides by the judicial philosophy that those who have less in life should have more in law and lives by the Golden Rule. Justice Del Castillo says, “I am a judge that’s why I try to live by that. I try to avoid evil by always trying to do good. I try always to be of service to others.”

WHY HE TOOK UP LAW

Justice Del Castillo took his fi rst two years in college at the Ateneo before he transferred to the San Beda College in Manila. While in San Beda, he became associated with Opus Dei (formally known as the Prelature of the Holy Cross). In his junior year, he received academic honors and a silver medal. He graduated with a Bachelor’s degree in Political Science in 1971.

Aft er working as an advertising executive and later on, as a medical sales representative, he decided to take up law at

the Ateneo Law School, then in Padre Faura near the Supreme Court. He was a working student. Aft er his 8 a.m. to 12 noon shift as a tour guide to those going to Corregidor Islands through the Sarkies Tours, he would rush to his law classes. At times, he would also do paralegal work for a law fi rm.

He graduated from the Ateneo Law School in 1976. As a private practitioner, he had a brief stint in banking and worked as a Vice-President in the Araneta Group of Companies.

Justice Del Castillo shares he took up law because it is the “best preparatory course for anything” one would want to go into. “More or less, it is the best background somebody can have to… anything in life.” Knowledge of the law, he adds, allows one to be bett er prepared in serving and helping others.

To him, a lawyer’s role in the society is to be a peacemaker, or one who resolves rift s and confl icts. “A priest’s role is to heal the soul, a doctor’s role is to heal the body. A lawyer’s role is to heal rift s, confl icts, quarrels in the society.”

He joined the Judiciary as a Municipal Trial Court Judge of San Mateo, Rizal in 1989. His entry into public service involved a big pay cut as his salary was only a fi ft h of what he received when he was in private practice, but this was off set by his having no vices and a very supportive wife. In 1992, he was promoted as Regional Trial Court (RTC) Judge of Angeles City. It entailed a fi ve-hour drive from his home in Cainta. In 1995, he was assigned to the RTC of Quezon City, where he also served as First Vice-Executive Judge.

He experienced the “hazards” of being a judge. One time, he displeased a politician involved in one of the cases he decided. This resulted in the pulling out of the air conditioning unit in

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the small chambers he used also as courtroom. Another time he was stripped of the regular monthly allowance the local government gave to judges for issuing a warrant of arrest against a politician’s relative. He says his staff also received death threats directed against him. “You just have to live with it. You just have to pray over it. That’s how life is,” he says.

In August 2001, he was appointed to the Court of Appeals (CA). He later on became the Chairperson of its Eleventh Division. He was Editor In-Chief of the CA Journal from 2006 until his appointment to the SC in 2009.

Aside from having been the Chairperson of the EJOW Program and the 2018 Bar examinations, he also was a member of the House of Representatives Electoral Tribunal; a member of the Senate Electoral Tribunal; and Chairperson of the Committ ee on Human Rights and International Humanitarian Law, the Integrated Bar of the Philippines Oversight Sub-Committ ee, and the Committ ee on Foreign Travel; and Working Chairperson of the First Division.

THE DEL CASTILLO FAMILY

Born to government servants Demetrio Cabahug Del Castillo and Felicidad Mina Cairo in Dipolog (now Dipolog City), the capital of Zamboanga Del Norte, Justice Del Castillo is the fourth in a brood of seven. His father tended their farm

and worked as paralegal handling Mindanao land cases. His mother was a teacher at St. Vincent College.

In 1953, the Del Castillo family moved to Melitona Estate in Project 4, Quezon City. He grew up in a neighborhood of both rich and poor kids, who were his playmates. In one of their basketball games, a bully kicked his left knee, from which he has not fully recovered up until now.

Justice Del Castillo is now head of a family of lawyers. He is married to Att y. Cynthia Roxas, a former classmate and class valedictorian at the Ateneo de Manila Law School. They are blessed with two children, Ann and Jay, who both studied law at their parents’ alma mater, and later became lawyers. Jay is now married to Dr. Cristina Maria “Cria” Lorenzo-Del Castillo, an obstetrician-gynecologist. Ann, who was also into arts and writing, joined our Creator in 2008. Her loss was a big blow to the family. Later, Justice Del Castillo was blessed with a grandson Jacob, now two years old, and twin granddaughters Georgia and Sofi a.

PARTING SHOTS

Aft er retirement, Justice Del Castillo is looking forward to developing his farm in Rizal, which has a beautiful view of the Laguna de Bay. “I love tilling the soil. I think I’m a farmer at heart.” There, he has planted coconuts, mangoes, bananas, langka (jackfruit). He intends to also plant vegetables, which he says will grow very fast in the coming rainy season. He also tends to pigs, ducks, turkeys, cats, goats, and horses and fi sh such as tilapia and catfi sh.

For Justice Del Castillo, life in the Judiciary is very challenging yet fulfi lling. “You just have to do the right thing....For as long as you listen to that small, small voice of conscience you have, you’re okay. It’s easy to stifl e it because it’s so soft and weak. But then you just have to [listen to it]; you know it. It’s so clear, you can't mistake it. In other words, don’t fool yourself. You’ll feel bad anyway,” Justice Del Castillo says.

His parting words to his colleagues, and the offi cials and employees of the SC: “May the Lord continue to bless all of us with abundance. May we have excess of success in all our undertakings. Maraming salamat (Thank you very much).”

Reference: JUSTICE MARIANO C. DEL CASTILLO. DUTY AND DESTINY (2019).

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8 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE

1. If I were not a lawyer, I would be a doctor maybe.

2. My hero(es) [fi ction or non-fi ction] are The Avengers.

3. The three things I cannot leave the house without are my cellphone, my wallet, my eyeglasses.

4. The last book I’ve read for pleasure is The Secret Lives of Supreme Court Justices of the United States.

5. The movies that I’ve enjoyed or that inspired me a lot are A Man for All Seasons [on] St. Thomas More; Ben-Hur; and Spartacus. [These are movies about] those who [have] sacrifi ced themselves for faith and others. They end up as heroes, martyrs, and saints.

6. My comfort food or drink is Diet Coke.

7. The cheapest yet most prized possession I have is my pencil. I write my decisions (using it).

8. The song that depicts my life best is Alfi e. It’s so philosophical. It’s so meaningful. You analyze and refl ect on the lyrics, and you will see that everything is there.

9. My biggest guilty pleasure is eating chicharon (deep fried pork rind).

10. My biggest pet peeve are dishonest persons.

11. One thing which only my family and closest kin and friends know about me is my temper.

12 . The best time for me to write decisions is when I feel enlightened. When you are enlightened, it’s a pleasure doing it.

13. The most valuable lesson I have learned in life is there are no permanent friends or permanent enemies but only permanent vested interests. In other words, your friend today may not be your friend tomorrow. “A friend in need is a friend indeed.” These are motherhood statements

By Annie Rose A. Laborte

[which are] full of meanings.

14. The last thing on my mind before going to sleep at night is being grateful to the Lord.

15. The fi rst thing on my mind when I wake up in the morning again [my answer is] also being thankful to the Lord that He has given me another day and again [I try to recall] the schedule I prepared for the day. Always, you have to have a schedule. Hindi ‘yung you just wake up then you start doing whatever comes to your mind. Prepare a work schedule and give yourself deadlines to meet.

16. The most interesting thing about me that the public wouldn’t learn from my PDS alone is I love paintings. I like paintings very much pero more on the classical…kasi balanced, ma i-explain mo talaga. May harmony at rhythm. I don’t like modern art.

17. The qualities I value in people I spend most time with are wit, brilliance, intelligence, humor.

18. Three words to best sum up my legal career: challenging, fulfi lling, and diffi cult. It was really hard. I can't say it was a walk in the park [because] to get where I am now is quite diffi cult.

19. If I could rid the world of one thing, it would be of evil.

20. If I could give a one-sentence advice about how to live life, it would be only a life lived for others is worth living.

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Those who had the privilege of working closely with Associate Justice Mariano C. Del Castillo have writt en tributes on the occasion of his retirement.

The journey to a career in the Judiciary has an unpredictable terrain, and however one traverses the many peaks and valleys defi nes how he can stake a claim to his legacy. Let me say that Associate Justice Mariano C. Del Castillo (simply, Justice Mar to me and others) and I shared that journey.

Justice Mar and I have a 24-year long history of friendship and collaboration as judges which started in 1995 when he joined our ranks as a Presiding

Judge in the Regional Trial Court in Quezon City. That period was probably “the golden age” for the Judiciary in Quezon City because fi ve of us from that period later ascended to the illustrious ranks of the Supreme Court, namely: myself, Justice Diosdado M. Peralta, Justice Jose C. Mendoza, Justice Noel G. Tij am, and, of course, Justice Mar himself. Subsequently, two more RTC Judges of Quezon City, although of a later period, ultimately joined the Supreme Court, Justice Ramon Paul L. Hernando and Justice Henri Jean Paul B. Inting. It refl ects well of the talent of the judges appointed to the Judiciary in Quezon City that other RTC Judges of Quezon City have distinguished themselves and became members of the Court of Appeals and the Sandiganbayan.

But for all our hard work, dedication, and individual achievements, we have had lighter moments. One thing that sticks out frequently in my mind and which I may never be able to live down was the time when Justice Mar and I, along with Justice Peralta and others, performed on stage at one of the Christmas parties of the RTC clad in full Hagibis regalia, which means bare-chested with open vests, singing and dancing to Katawan. It seemed like a great idea at that time, because the beat was very danceable and engaging to the audience of other judges and the court employees, but I am most thankful that this happened prior to today’s frenzied social media. With so many photographs recording the event on fi lm, what a scandal we could have caused. Still, seeing things in hindsight, Justice Mar, Justice Peralta, and I should have already redeemed ourselves because shortly thereaft er we had our successive promotions to the Court of Appeals and the Sandiganbayan, and our redemption became complete with our appointments to the Supreme Court in same year in 2009 along that of Justice Mendoza’s.

A few days ago, Justice Mar concluded his successful tour of duty as Chairperson of the 2018 Bar examinations. Chairing the Bar examinations for any year is always an arduous task because of the many moving parts, among the most crucial of which are the selection of the examiners who must be no less than being the recognized experts in their assigned subjects, and the precautions to ensure the integrity of the Bar examinations process. Confi dentiality of the identities of the selected examiners

ASSOCIATE JUSTICE MARIANO C. DEL CASTILLOT ributes to

becomes the highest order of the day. The preparations are a time when you lean on your circle of trust a litt le bit harder. And by that Justice Mar meant gett ing an all-Atenean line-up of examiners, except one.

In all seriousness, there is more to the man than being the husband of Dean Cynthia, a former dean of the Ateneo School of Law. Justice Mar has been as meticulous as he has been diligent, and as compassionate as he has been dedicated to fealty to the law. He has been consistently honored and recognized for his prompt disposition of cases in all levels of the Judiciary that he served, oft en att aining a zero-backlog for his docket. Truly an enviable feat given the magnitude of the work that goes into the draft ing of every decision or resolution of every judicial dispute.

Justice Mar will always have my respect for conducting himself as a true gentleman—respectful of others, giving them their due, and gracious in conduct and mien even in the face of adversity.

Let it be said that Justice Mar has weathered all the storms he faced, and has navigated even the uncharted territories of his career in the Judiciary. His only compass has been the resolve to discharge his responsibilities with effi ciency, dignity, and integrity.

I bid Justice Mar safe travels in his journey into retirement. I wish he will treasure the journey we have shared. I do.

Hon. Lucas P. BersaminChief Justice of the Philippines

Justice Mar, on your retirement day let me congratulate you for your dedicated service to the Court and to the Filipino people. You have reached the fi nish line and you deserve your retirement. I wish that you will enjoy it, that you will travel to places together with Cynthia — the places in the world where you have not travelled before. I wish that you will enjoy playing with your grandchildren and of course att ending to your litt le farm that will keep you in good

health. We must always remember to protect our health because that is our richest resource now at our age. Justice Mar, good luck to you and may you enjoy the rest of your retirement.

Hon. Antonio T. CarpioSenior Associate Justice, Supreme Court of the Philippines

Justice Mar and I go a long way back. I have known him since the 1990s, when we were both serving as Regional Trial Court judges in Quezon City. As early as then, Justice Mar already struck me as a well-mannered, scholarly, and pensive individual. These perceptions I had of him proved to be accurate, as I myself eventually witnessed years later, when we again became colleagues as Justices of the Supreme Court.

Compiled by Tiff any Ines C. Atendido

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10 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE

He is extremely att entive when it comes to work. He always comes to our En Banc sessions on time and well prepared. As a result of his meticulousness, no matt er how seemingly diffi cult or complicated a legal issue facing us is, Justice Mar’s sense of focus always shines through. He best exemplifi es a person who is always diplomatic and magnanimous in his dealings not only with his contemporaries but also with his subordinates.

But the truth of the matt er is that even though he is a driven man of the law, Justice Mar is also a relaxed and good-humored person. In fact, my fondest memories of him are not from our numerous discussions of cases and legal issues here in the Supreme Court but from our days as judges, when he would constantly tease me when he found out that the counsel who appeared before him in court was my wife. He would tell me—facetiously, I hope—that he could not believe that such an accomplished and good-looking woman had agreed to become my wife.

Levity aside, it has indeed been an incredible and illustrious career for Justice Mar, and we, his colleagues in the Supreme Court, are extremely privileged to have been part of it.

Justice Mar, as you hang your judicial robe aft er three decades of serving the Judiciary, I wish to thank you for the professional camaraderie and personal ties we have shared. It has truly been an honor working with you. God bless, and enjoy your well-deserved retirement.

Hon. Diosdado M. PeraltaAssociate Justice, Supreme Court of the Philippines

Nothing gives me a more vivid picture of Justice Mariano C. Del Castillo’s persona than silent waters that run deep. Indeed, his placid exterior eff ectively conceals a passionate jurist with a tenacious commitment to case management and disposition. He may be a man of few words, but his wisdom and knowledge of the law are profoundly expressed in his ponencias, which he defends with utmost zeal and determination yet never in breach of his peace-loving nature.

Unbeknownst to many, Justice Mar has a funny and humorous side which he unleashes only to a select few for whom he fi nds reasons to share good laughs with.

As his former classmate in the Ateneo Law School, together with his wife, Cynthia, who later became Dean of the same School, I had witnessed how Justice Mar’s diligence and excellence allowed him to shine as the exemplary student that he was. Yet, in all humility, he considered himself as part of the “90% ordinary people” in his class. As his colleague in the Supreme Court, I can att est to the same diligence and excellence with which Justice Mar tackles his judicial duties. I feel nothing but a deep sense of pride having enriched jurisprudence alongside a dedicated public servant. As his successor as Chairperson of the Bar Examinations, I believe that Justice Mar is one tough act to follow, having successfully conducted a smooth and orderly examination for more than 8,000 examinees, which is the highest number in recent history.

Justice Mar, you may have considered the years you spent in Court as the most productive and most enjoyable in your life, and rightly so, but I believe that you are headed towards an even more abundant and fruitful life aft er retirement, growing your bonsai plants, tending to your farm, and, most of all, taking care of your wonderful grandchildren. It will be an idyllic retirement that I am sure you had long anticipated, and which you now gladly receive as a fi tt ing reward for all the hard work you invested in the past three decades of your life. I share your joy and excitement as you start this new chapter. May the good Lord richly bless you, and enable you to continue to live for His glory!

Hon. Estela M. Perlas-BernabeAssociate Justice, Supreme Court of the Philippines

JUSTICE, KINDNESS, AND COMPASSION

Justice Mariano C. Del Castillo, in my experience, has been the kindest Justice of this Court.

I joined the Court in 2012 aft er, among others, being Dean of the UP College of Law. As Dean and together with my faculty, I raised criticism on one of Justice Mar’s major ponencias, which he wrote for the majority of

the Court. The statements we made caught public att ention. I am sure that the criticism of the decision weighed heavily on him and on his family.

Yet, the night of my appointment to the Court, Justice Mar stayed behind to witness my oath-taking before the Chief Justice. He was the fi rst among my colleagues to off er his congratulations and to welcome me to the Court. Since then, we have had a very amiable relationship regardless of our professional standpoints on the various issues that the Court had to address.

I was further impressed by Justice Mar’s professionalism as the days went by. My fi rst dissent was in Commissioner of Internal Revenue v. San Roque. That case involved the interpretation of the procedural remedies available to a class of taxpayers. I adopted a very strict reading of the tax code. I disagreed with the majority that an administrative issuance could allow spaces in taxpayers’ remedies—an interpretation that I could not read in the text of the provision. Thus, I resigned myself to a minority of one. However, I was supremely delighted, when, during the deliberations on this case, Justice Mar expressed that he would join my dissent since he took the same position in an earlier case entitled Commissioner of Internal Revenue v. Aichi Forging Company of Asia, Inc. From then on, I was introduced to Justice Mar’s consistency in the positions that he has taken in the Court.

Justice Mar was the member-in-charge in a number of publicly controversial cases. He was the original ponente in the case that questioned the citizenship of a Presidential candidate whose father and mother were unknown. He was also the ponente of the fi rst case involving the declaration of Martial Law in Mindanao. Both cases naturally att racted public and political att ention. Justice Mar, however, managed those cases with an even keel, taking time to listen to all his colleagues before proposing a position for the Court, and professionally preparing his proposed position with carefully chosen language revealing arguments that showed his experience in the bench. Although I took a diff erent position from him in these cases, he earned my respect as a jurist.

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Justice Mar’s compassion for those meted disciplinary actions is legendary. While acknowledging fault, he would cause his colleagues to search our premises for the gravity of the penalties that are to be imposed inviting us to see the context of the person about to be penalized. In many instances, he succeeded in helping the majority fi nd a middle ground for the penalties imposed assuring the respondents a chance at redemption.

Outside the Court, Justice Mar is consistent with his persona. During his early days as judge in Angeles City, he went out of his way to assist a “taong grasa” which he chanced upon outside the Hall of Justice. He took charge of the Justice on Wheels project ensuring that those in far-fl ung areas would be able to have access to the processes of our fi rst and second level courts. Wanting to learn more about the conditions of our people, he eagerly joined Justice Antonio T. Carpio and me when we fl ew to Pag-asa Island in the West Philippine Sea. I saw him interact with our people. He was att entive and was always ready to provide advice if not words of understanding and compassion.

I will forever be impressed by Justice Mar’s patience and att ention to details. These are manifested in the various opinions that he has writt en for the Court and in the bonsai trees that he has painstakingly created and nurtured. Once in a while, we are also benefi ciaries of the occasional fruits he harvests from his farm.

Finally, Justice Mar is a devoted husband and father. He is second to none when it comes to giving priority to his family. He speaks of his wife, Cynthia, and his children adoringly and aff ectionately. That, perhaps, is the core of his compassion. His compassion is the fi re that allows him to do justice for all whose cases he analyzes in the privacy of his chambers or come to our deliberation forums.

I will miss Justice Mar as an esteemed colleague. But, through all these years, I know that I have gained a friend.

Hon. Marvic M.V.F. LeonenAssociate Justice, Supreme Court of the Philippines

It is a privilege to be part of the Benchmark’s special issue on the occasion of Justice Mariano C. Del Castillo’s retirement from the Supreme Court where he sat as a worthy magistrate for ten years. On July 26, 2019, he ends a remarkable career in the judiciary spanning thirty years.

Justice Mar is the classic exemplar for lawyers embarking on a career in the Judiciary. He observed to the lett er the doctrine of hierarchy of courts, so to speak,

as he took each fi rm step climbing up the judicial ladder, over the years, until he reached the highest Court — a testament to his endurance and patience.

Indeed, when I joined the Court, I found that I, too, must practice endurance and patience on a daily basis.

I take this opportunity to express my sincerest gratitude to Justice Mar for his words of wisdom, for sharing his court experiences, and for giving his continuing and constructive comments and suggestions on my submissions on the cases for deliberation.

Justice Mar, I wish you all the best as you begin writing a new chapter in your book of life.

I guess the only hurdle you have to overcome is to convince Dean Cynthia to visit oft en and stay longer at Hacienda del Mar.

Congratulations and Godspeed!

Hon. Alexander G. GesmundoAssociate Justice, Supreme Court of the Philippines

“Real integrity is doing the right thing, knowing that nobody's going to know whether you did it or not.”1 This is most evident in the way that Justice Mariano Del Castillo lives his life. There is no dichotomy between his professional persona and his private self.If he appears humble and unassuming to those whom he encounters, that is because he truly is a humble and unassuming person. Best of all, one can always count on Justice Mar to do what is kind and just,

even when he is unobserved, or under heavy fi re. He is prone to performing acts of kindness, compassion, charity, and service under the radar of public att ention.

While the public may appreciate the full measure of Justice Mar’s intellect through his distinguished ponencias, only those who have closely worked alongside him, or have fortunately known him for a long time, are witnesses to his integrity. I fi rst made Justice Mar’s acquaintance when we both att ended San Beda College in our undergraduate years, before he pursued his law studies at the Ateneo. We had no inkling of what lay in store for us, or how frequent our paths were going to cross in the future. Nevertheless, having shared some classes with him back then, it was enough for me to att est that Justice Mar remains of humble disposition to this day.

Consider it serendipity, when later on, we both became

residents of the same subdivision in Cainta, Rizal. Raising our young families, we could not remain indiff erent when our homeowner's association found itself at the receiving end of an injustice from its developer. Justice Mar's sense of community shone through, as we took the cudgels. Suffi ce it to say that we won that case all the way up to its favorable conclusion. He even encouraged me to run for a seat on the board of the homeowner's association. Much to my surprise, I was even elected president of the association. Even then, he had the gift of bringing out the best in the people he came into contact with. Justice Mar inspired people to do great things.

As luck would have it, our paths converged again as young

magistrates when I was promoted as Regional Trial Court Judge of San Mateo, Rizal, where Justice Mar was already a judge of its fi rst level court. We were truly destined to see more of each other as Justice Mar went on to actively serve the Philippine Judges Association in various capacities. Two years aft er he was appointed to the Court of Appeals in 2001, I was also appointed to the same court. I can att est that all throughout, and even aft er his appointment to the Supreme Court, Justice Mar has served with utmost dedication and humility. Best of all, he continued his acts of charity without fanfare.

1Oprah Winfrey, TV host and producer, motivational and inspirational speaker.

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What stands out most in my heart is the greatest honor that Justice Mar accorded me, way back when he made me his beloved daughter’s godfather at her Catholic confi rmation. As a fellow father and family man, I took it as a measure of his trust and regard for me. It is no secret that I do not take the sacraments lightly, and it is my humble hope that I have done my utmost best as godfather to Ann. I was only too glad to off er a second home for Justice Mar’s children, Ann and Jay, as they prepared for their Bar examinations, which they both successfully hurdled.

Justice Mar, it will run contrary to your disposition if we were to enumerate in detail all the many kindnesses you have bestowed on others. For your exemplary life and service, you have our profound respect, admiration, and gratitude. I hope you know that I will always keep you, our beloved Ann, and your growing family in my prayers.

Hon. Jose C. Reyes, Jr.Associate Justice, Supreme Court of the Philippines

It has been almost thirty years when Justice Mariano Del Castillo joined the Judiciary since his appointment in 1989 as a Municipal Trial Court Judge in San Mateo, Rizal. His ascendency through the ranks of the Judiciary to become a Justice of the Supreme Court is the quintessential success story for any aspirant judge. Although the burdens of his offi ce grow more onerous, it did not daunt him. He was never one to be afraid of work.

Throughout his tenure in the judiciary, Justice Mar was

committ ed to the rule of law. He endeavored to do justice as a jurist. He was grounded by an innate sense of fairness and justice which served him well as a judge. His experience and working knowledge of the law were mirrored in every sound judicial decision he made.

Justice Mar’s judicial career has been much more than the sum of his achievements. His record bear out that he had always discharged the mandate of his offi ce and the only pressure that he would succumb to is the pressure of the dictates of his conscience.

I have been privileged to work up close with Justice Mar. As the working Chairperson of the Court’s First Division, he is very hardworking and considerate to his colleagues. He warmly welcomed me in the Court, gave me enough time to adjust, and altruistically guided me in my work. During our trip to Russia, I was able to know his humble beginnings. He shared with me his own experience as a working student and as someone who rose from the ranks. Truly, I am inspired and encouraged by Justice Mar’s exemplary work ethic and humility of character.

Those of us who knew him will remember Justice Mar as a genuine man who served the Judiciary for over 30 years as a competent, infl uential, and accomplished jurist. This gentle man kept faith with the dream to which he was entrusted.

He suff ered much tragedy in his lifetime, accepting all of it as part of God's plan. His life and career will serve as an inspiration to all lawyers that notwithstanding the challenges of life, we can all achieve our aspirations in the best light that God has given us.

To Justice Mar, you have accomplished so much that is worthy of recognition and thanks. It is now time for you to enjoy the desserts of life. I wish you good health as you enjoy your much deserved rest from work.

Hon. Rosmari D. CarandangAssociate Justice, Supreme Court of the Philippines

A LETTER FOR JUSTICE MAR

Among the present members of the Court, except for Justice Henri Inting perhaps, I’ve had the shortest up close interaction with you. A litt le over four months since I got appointed to the Court.

When I was still with the OSG though, we vicariously interacted through the various pleadings I fi led in the cases pending before

your sala at the RTC-Quezon City where you served as presiding judge. On few occasions, I also appeared before you during oral arguments in the Court of Appeals. I’d been introduced to you many times before, and each time, you gave a quick nod and a quarter smile.

In 2007, I got appointed to the Court of Appeals. You were then one of the ranking division chairpersons of the CA. Although we worked in the same court, we never got the chance to work together or even talk. And when I fi nally moved to Manila, you already got appointed to the Supreme Court.

As a teacher, I studied and discussed your ponencias with my students. You are a masterful writer. Your style is simple, yet, elegant; very thorough but never boring; and always a joy and breeze to read.

When I recently joined the Court, that was the only time I got the chance to know you up close. You are warm, soft -spoken, hardworking, focused, serious yet funny, and a devoted husband to the greatest love of your life named “Cynthia.” There is no doubt you’ve been a loyal and relentless practicing advocate of the “Happy wife, Happy life movement.”

You have dedicated the best 30 years of your life to the service of the Judiciary. Aft er July 26 this year, you may already truly take your own sweet time to savor the simple and even the not so simple joys of life with the people who matt er to you the most. No more anxiety, no more sleepless nights, no more gruelling en banc deliberations. Goodbye tension. Hello pension!!! You will now have all the time in the world to do what you love the most — FARMING.

Justice Mar, you’ve been a great blessing and a dedicated servant to our country and our people. It’s been an honor to have had the chance, no matt er how short a time, to get to know you up close before you fi nally hang your judicial robe.

Wishing you many more years of a life well-lived with your happy wife and happy family. Stay blessed! Thank you and Congratulations, Justice Mar!

Amy J

Hon. Amy C. Lazaro-JavierAssociate Justice, Supreme Court of the Philippines

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I’m wishing you a long and healthy retirement. – Yolanda F. Mentoya, Executive Assistant II

Thank you po, Justice. I am grateful that I was given a chance to work and serve you during your stay in the SC. Happy retirement! Maraming salamat po sa pagtitiwala po ninyo sa akin.– Rosalina L. Concepcion, Judicial Staff Employee II

Maraming salamat po sa inyong pagtitiwala. Karangalan ko pong mapaglingkuran kayo. – Jeff rey M. Pantaleon, Legislative Staff Assistant III

I am lucky to be part of your staff . May you have a relaxed and pressure free life aft er retirement. God Bless! – Evangeline R. Ibañez, Executive Assistant II

Thank you, Justice Mar! I am grateful that I was given a chance to work and serve you during your stay in the SC. Happy Birthday and enjoy your retirement. – Corazon E. Gonzales, Executive Assistant I

Thank you for giving me the opportunity to work, train, and learn under your leadership. I can’t thank you enough for all your help. – Chester P. Del Castillo, Legislative Staff Offi cer VI

Justice, thank you for making my fi rst years in government service memorable, enjoyable, and a great learning experience.

We will never forget the times you have graciously shared your wisdom to us – both in the legal fi eld and from your personal experience. I hope our paths would cross someday in the future so that I can repay you for the mentorship and kindness you have shown me and the rest of the offi ce. Cheers to embracing a new chapter of your life, Justice! You deserve a happy retirement surrounded by the people you love, travelling the world, and fi nally gett ing to do the things you love to do. – Att y. Jennifer Anne Marie D. Cruz, Court Att orney VI

Aft er almost a decade of service under you, Justice, I have learned so much and been given bountiful opportunities both for my career as well as for my personal growth. Thank you for teaching me the values of being organized and being prepared (always). Thank you also for the regular treats to us and for being a good example of a family man. I wish you good health and a retirement life spent in joy. – Nolan A. Mesina, Executive Assistant IV

To work in the Highest Court is a dream come true for any lawyer. Thank you for giving life to such dream, Justice. This privilege is instrumental for us to realize that there is indeed more to lawyering than just understanding the law; that such understanding must always be with strong commitment to remain living proof of justice at all times, whatever the cost.

ASSOCIATE JUSTICE MARIANO C. DEL CASTILLO’S STAFF PAYS HIM TRIBUTECompiled by Tiff any Ines C. Atendido

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Praying for your safety, health, and happiness always, Justice.- Att y. Vanessa Illustrisimo-Fajardo, Court Att orney V

I’m so thankful that you are my boss. Your hard work has been an inspiration to me since I became a member of your staff . Enjoy your retirement. God bless you and your family. – Victor T. Cabahug, Judicial Staff Assistant II

Thank you so much, Justice. I am grateful that I was given a chance to work and serve in your offi ce. Congratulations on your retirement, wishing you a life full of success and happiness. God bless po. – Elvira M. Palomata, Utility Worker II

Looking back to almost a decade of my service as a member of your staff in the Court of Appeals and here in the Supreme Court, only words of gratitude to you come to mind. Serving you, Your Honor, has been my most valued vocation.

My only hope for you now is to see you happy, content, and fulfi lled as you retire from service. May God bless your generous heart with more joy and love, peace of mind, and good health all the days of your life.– Aipreel C. Angostora, Executive Assistant III

I will be forever thankful for the trust and chance to work in your offi ce. God bless and enjoy your retirement. – Benito P. Soria, Utility Worker II

Thank you for everything. Wishing you a healthy and happy life on your retirement. God bless you always. – Lorena SJ Billones, Utility Worker II

Buong puso po akong nagpapasalamat sa inyong kabutihan lalo na sa pagtulong sa akin magkatrabaho. Hangad ko po sa inyong retirement ang malusog na pangangatawan. – Ryan D. Rollan, Messenger

Happy Retirement and Happy Birthday Your Honor. – Att y. Jenny C. Buenaventura, Court Att orney V

Happy Birthday. I am so honored to be a part of your staff . Thank you. – Stephanie E. Acorda, Court Stenographer III

I will always remember you as one of the very few persons who willingly helped me when I was in the diffi cult situation of being at the brink of unemployment and having to provide for my wife and two very young daughters. Your kindness and generosity in words and in deeds were a source of refuge and inspiration during that tough time in my life.

Thank you for giving me this rare opportunity to serve the public in this prestigious institution. I will always owe you a debt of gratitude for making me the fi rst in my family to reach the Supreme Court. – Wilfredo R. Ceguera, Executive Assistant V

I would like to thank you for the support over the years. Working for you has been a privilege. I will forever be grateful for the knowledge and skills that I have gained from being part of your legal staff for 12 years.

Congratulations on your retirement. May you enjoy this new journey of your life.– Att y. Barbra Edoria-Gatchalian, Court Att orney VI

Thank you for the warm welcome when I joined the offi ce not too long ago. Thank you, too, for the trust and confi dence in me. I can proudly say that I would not be the lawyer that I am today, I daresay, wiser and more refi ned, had it not been for the training I received in the offi ce. Working for you has truly been a great privilege for which I will forever be grateful. Congratulations on your retirement and best of luck on your future endeavors! – Att y. Ana Karina P. Bartolome, Chief Judicial Staff Offi cer

One thing that makes me happy about your retirement is the thought that you fi nally have the time to stop and smell the fl owers. In my 19 years under you, I’ve seen you make Work your life, never stopping even if your body was already telling you otherwise. So now I take delight in knowing that my Boss will fi nally be making Life his life; that he will now get to enjoy the simple but more important things; and that he can now give undivided att ention to people who really matt er. Enjoy your retirement, Sir! May it be the best chapter of your life.– Att y.Persel G. Esman, Court Att orney VI

I’m very thankful, Sir, for giving me a chance to work for you in the Judiciary. Even if you are already retired from the service, your hard work and integrity will surely be remembered. Thank you very much and may God bless you. – Noel J. Legaspi, Court Stenographer IV

Happy 70th Birthday and Congratulations on your retirement! Thank you for giving me the opportunity to work in your offi ce. It has been an honor and a privilege to have served you. Because of you, I was able to work in the Supreme Court, and for that I am truly grateful. I will treasure all the wonderful memories and the learning experience I gained. I will always remember your kindness and generosity.

Now you have more time to enjoy the fruits of your hard work. I pray that God will continue to bless you with good health and long life, and that He will grant you all the desires of your heart according to His perfect will. – Att y. Ana Narleah M. Bonifacio-Cruz, Court Att orney VI

Thank you, Justice, for your kindness and generosity; for teaching me a lot about law and more so about life. I am forever grateful. It has been an honor and privilege to work in your offi ce. May the Lord bless you more, keep you, and grant you good health always. Happy Birthday and Happy Retirement po! – Att y. Laurence V. Panopio, Court Att orney VI

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I was a fresh law grad who badly needed work, and my batchmates who were immediately hired aft er graduation were those belonging to the upper class ranking. I got a call from your offi ce and you surprisingly took me in just because of an award which I didn’t think was a big deal—compared to the academic honors the other applicants have in their CVs.

Thanks for giving me that break, Justice. The 17 years with you have been a roller coaster ride. In good times and in bad, I chose to stay because: 1) I look up to you as my workplace dad, and 2) I know that you’re a good and kind-hearted person, and I will always, always be grateful to you not just because you hired me, but because you protected me when my morale was at rock bott om.

Happy Birthday and a Happy Retirement to you, Justice. – Att y. Michele A. Ang, Court Att orney VI

From a simple classmate to an extraordinary mentor—Mar, you took me out of my doldrums, having come back to the Philippines aft er a long stay in the USA, and off ered me the best job I have had all my life! And simply, as you said, you were nanghihinayang with my talents. I didn’t quite realize till then that somebody could have believed in me more than I did myself.

And so it was—though titles do not really matt er to me—that you moved me from a consultant to the Supreme Court, to the House of Representatives Electoral Tribunal, then would have been to the Senate Electoral Tribunal had I not been so stubborn and detested fi lling out the paper requirements for the position you graciously off ered—all with increasing monetary and other benefi ts.

I did what I could and took on diff erent roles just to make sure I was still relevant to your offi ce. I hope that I did not disappoint you, my good friend.

Who would have taken a risk on me—a lawyer who never practiced his profession seriously—and made me a Consultant to the highest court of the land? What a high! I wish you could experience what you did for me. And others whose lives you have transformed, intentionally or not, and molded into bett er selves.

I will always, always treasure the moments in your company when you would explain to me why you had thought of your decision in a particular case the way you did. That is priceless!

As you transition to your most beloved farm life, do not forget that this friend of yours is just a call away. – Att y. Bienvenido A. Medrano, SC Consultant

As if supporting me to earn a Juris Doctor degree through Ansky’s scholarship foundation was not enough, you gave me an opportunity to work in the country’s highest tribunal.

In the very short period that I stayed under your leadership, I was fortunate to witness how you put so much passion and dedication to your work without sett ing aside God and your family. I am truly grateful for all the lessons and values I learned from you and all the other staff members I had the pleasure to work with. I may not have been able to meet Ansky, but I am sure she is smiling from above feeling happy and proud of what a great man her father has become. Thank you so much for everything, Justice Mar. It is now time for you to enjoy everything you worked hard for. Happy retirement! – Paula Christianna M. Tinio, Legislative Staff Offi cer VI

Hi, Justice! Thank you for accepting me in your offi ce while I was waiting for the Bar results, even before I was a full-fl edged lawyer. I truly learned so much from working here. It is one of the experiences I will forever treasure and remember. Thank

you for this very rare and valuable opportunity. Your generosity and integrity will be something that I will always remember and aspire to follow throughout my journey as a lawyer. You have truly inspired me. I will always be proud to say that you took me under your wing and that you were my boss.

May you have a relaxing but fruitful retirement, enjoying and living life to the fullest with your family. The Court will truly miss you, but will always remember the legacy you have left behind. – Att y. Queeny Therese Tan Lim, Supervising Judicial Staff Offi cer

Happy 70th birthday and Congratulations on your retirement, Justice! I am grateful to you for giving me the opportunity to work again for the Court. I am honored to be entrusted with the projects and cases you have assigned to me, especially the 2018 Bar Exams. It was inspiring to work for a Justice who has, step-by-step, reached the pinnacle of the legal profession through hard work and dedication, but has remained humble, fair, and compassionate to all regardless of their status. You have set a trail for us ordinary ones that we hope to follow and accomplish. May we emulate the same traits you have shown and succeed as you did. Wishing you the best in the years ahead! – Att y. Evangeline M. Co, Supervising Legislative Staff Offi cer III

Congratulations on your retirement, Dad. You have dedicated 30 of your best years to the Judiciary. Even until the very last days in the Court, you have given it your all and left no stone unturned. Thank you for inspiring me with your energy, dedication, and unmatched work ethic. Enjoy your retirement. You most defi nitely deserve it. – Att y. Xavier Paolo Del Castillo, Court Att orney VI

Few among those in the legal profession will realize the pride and the honor serving the highest court of the land. And fewer still have known the joy of working for Justice Del Castillo. An honorable man devoid of pretensions and whose strength and character are masked by his humility and simplicity, Justice Del Castillo silently contributed—during his tenure with the Court—class-leading jurisprudence in all areas of the law. His body of work will long be applied and cited by the best minds in the fi elds of law, never to be challenged or overturned —for if there is one thing that we have learned from him, it is that if any work should come out of his offi ce, it must not only stand the test of truth and justness; it must also be timeless. – Att y. Etienne Ruen Agustine E. Guerrero, Court Att orney VI

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Justice Mariano C. Del Castillo retires from the Supreme Court (SC) having disposed of 5,681 cases through decisions and resolutions, 10 of which are featured below. He has achieved a zero backlog status both in his En Banc and Division cases. Not only are they evidence of an industry that never fl agged during his 10 years in the SC, they also reveal Justice Del Castillo to possess the qualities one should look for in a judge: “a burning desire to be fair and impartial; the courage to uphold the law and strike down injustice; compassion, coupled with an understanding of human frailties; and lastly, love for the law.”i

1. Dumaguete Cathedral Credit Cooperative v. Commissioner of Internal Revenue, 624 Phil. 650 (2010)

Granting the Petition for Review on Certiorari of petitioner cooperative, the SC cancelled the assessments for defi ciency withholding tax on interest from the savings and time deposits of petitioner’s members for the taxable years

1999 and 2000 as well as the delinquency interest of 20% per annum. The SC found proper petitioner’s invocation of Bureau of Internal Revenue (BIR) Ruling No. 551-888 that cooperatives are not required to withhold the corresponding tax on the interest from savings and time deposits of their members, which was reiterated in BIR Ruling [DA-591-2006]. It also ruled that members of cooperatives deserve preferential tax treatment pursuant to Republic Act No. (RA) 6938, as amended by RA 9520. The SC, through Justice Del Castillo, declared:

In closing, cooperatives, including their members deserve a preferential tax treatment because of the vital role they play in the att ainment of economic development and social justice. Thus, although taxes are the lifeblood of the government, the State’s power to tax must give way to foster the creation and growth of cooperatives. To borrow the words of Justice

Signifi cant Ponencias of Justice Mariano C. Del Castilloby Att y. Maria Victoria Gleoresty Sp. Guerra

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Isagani A. Cruz: “The power of taxation, while indispensable, is not absolute and may be subordinated to the demands of social justice.” (Citation omitt ed)

2. Ang Ladlad LGBT Party v. Commission on Elections, 632 Phil. 32 (2010)

Granting the Petition for Certiorari of Ang Ladlad

LGBT Party (Ang Ladlad), the SC directed the Commission on Elections (COMELEC) to grant petitioner’s application for party-list accreditation. The SC found that Ang Ladlad has suffi ciently demonstrated its compliance with the legal requirements of accreditation. It held that it was grave violation of the non-establishment clause under Article III, sec. 5 of the Constitution for the COMELEC to utilize the Bible and the Koran to justify the exclusion of Ang Ladlad. It further held that moral disapproval, without more, is not a suffi cient governmental interest to justify exclusion of homosexuals from participation in the party-list system. Using the rational basis test for the equal protection challenge by Ang Ladlad, the SC also held that the COMELEC’s diff erentiation and its unsubstantiated claim that Ang Ladlad cannot contribute to the formulation of legislation that would benefi t the nation further no legitimate state interest other than disapproval of or dislike for a disfavored group. It found that to the extent that petitioner has been precluded, because of the COMELEC’s action, from publicly expressing its views as a political party and participating on an equal basis in the political process with other equally-qualifi ed party-list candidates that there has, indeed, been a transgression of petitioner's fundamental rights. It said its Decision is fully in accord with the country’s international obligations to protect and promote human rights. As a fi nal note, the SC, through Justice Del Castillo, stated—

...we cannot help but observe that the social issues presented by this case are emotionally charged, societal att itudes are in fl ux, even the psychiatric and religious communities are divided in opinion. This Court’s role is not to impose its own view of acceptable behavior.

Rather, it is to apply the Constitution and laws as best as it can, uninfl uenced by public opinion, and confi dent in the knowledge that our democracy is resilient enough to withstand vigorous debate.

3. Commissioner of Internal Revenue v. Aichi Forging Company of Asia, Inc., 646 Phil. 710 (2010)

Granting the Petition for Review on Certiorari of the Commissioner of Internal Revenue (CIR), the SC directed the Court of Tax Appeals (CTA) Second Division to dismiss respondent’s claim for refund/credit of input Value-Added Tax (VAT) before the CTA for being prematurely fi led. The SC pointed out that Section 112(D) of the National Internal Revenue Code clearly provides that the CIR has “120 days, from the date of the submission of the complete documents in support of the application [for tax refund/credit],” within which to grant or deny the claim. In case of full or partial denial by the CIR, the taxpayer’s recourse is to fi le an appeal before the CTA within 30 days from receipt of the decision of the CIR. However, if aft er the 120-day period the CIR fails to act on the application for tax refund/credit, the remedy of the taxpayer is to appeal the inaction of the CIR to CTA within 30 days. The SC found that in this case, respondent did not wait for the decision of the CIR or the lapse of the 120-day period, making the fi ling of its judicial claim with the CTA premature.

4. Navia v. Pardico, 688 Phil. 266 (2012)

The SC dismissed the Petition for Writ of Amparo fi led by Virginia Pardico against two Asian Land security guards and their supervisor in relation to the disappearance of her husband Ben, who was last seen in the security offi ce of Asian Land. It stressed that in an amparo petition, proof of disappearance alone is not enough. It is likewise essential to establish that such disappearance was carried out with the direct or indirect authorization, support, or acquiescence of the government. It found that this indispensable element of State participation was not present in this case as the petition did not contain any allegation of State complicity, and none of the evidence presented tended to show that the government or any of its agents orchestrated Ben’s disappearance.

The SC also held that while under Section 1 of A.M. No. 07-9-12-SC, a writ of amparo may lie against a private individual or entity, government involvement in the disappearance still remains an indispensable element. It noted that petitioners were mere security guards at Grand Royale Subdivision in Brgy. Lugam, Malolos City and their principal, the Asian Land, was a private entity. They did not work for the government and nothing has been presented that would link or connect them to some covert police, military or governmental operation. It pointed out that this hallmark of State participation diff erentiates an enforced disappearance case from an ordinary case of a missing person.

5. Manila Memorial Park, Inc. v. Secretary of the Department of Social Welfare and Development, 722 Phil. 538 (2013)

The SC dismissed for lack of merit the Petition for

Prohibition assailing the constitutionality of Section 4 of RA 7432, as amended by RA 9257, and the implementing rules and regulations issued by the Department of Social Welfare and Development and the Department of Finance insofar as these allow business establishments to claim the 20% discount given to senior citizens as a tax deduction. The SC held that 1) The

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validity of the 20% senior citizen discount and tax deduction scheme under RA 9257, as an exercise of police power of the State, has already been sett led in Carlos Superdrug Corporation, 553 Phil. 120 (2007) and 2) The 20% senior citizen discount is an exercise of police power and that no compelling reason has been proff ered to overturn, modify or abandon the ruling in Carlos Superdrug Corporation. The SC, through Justice Del Castillo, stressed that —

Congress must be given suffi cient leeway in formulating welfare legislations given the enormous challenges that the government faces relative to, among others, resource adequacy and administrative capability in implementing social reform measures which aim to protect and uphold the interests of those most vulnerable in our society. In the process, the individual, who enjoys the rights, benefi ts and privileges of living in a democratic polity, must bear his share in supporting measures intended for the common good. This is only fair. In fi ne, without the requisite showing of a clear and unequivocal breach of the Constitution, the validity of the assailed law must be sustained.

6. Paje v. Casiño, 752 Phil. 598 (2015)

These consolidated Petitions for Review on Certiorari assail the Decision and Resolution of the Court of Appeals (CA) denying the privilege of the writ of kalikasan regarding the project to build a coal-fi red power plant in Subic. Preliminarily, the SC held that the validity of an Environmental Compliance Certifi cate (ECC) can be challenged via a writ of kalikasan provided that a party who invokes the writ based on alleged defects or irregularities in the issuance of an ECC must allege and prove such defects or irregularities, and also provide a causal link or, at least, a reasonable connection between the defects or irregularities in the issuance of an ECC and the actual or threatened violation of the constitutional right to a balanced and healthful ecology of the magnitude contemplated under the Rules on Environmental Procedure. Otherwise, the petition should be dismissed outright and the action re-fi led before the proper forum with due regard to the doctrine of exhaustion of remedies. Be that as it may the SC went on to resolve both the issues proper in a writ of kalikasan case and those which are not because of the exceptional character of the case. It took judicial notice of the looming power crisis that the nation faces, the urgency of which caused it also to rule the present case as an exception to the doctrine of exhaustion of administrative remedies. In any case, the SC found the records suffi cient to resolve the issues presented in the case.

The SC went on to rule that 1. The CA correctly ruled that the Casiño Group failed to substantiate its claims that the construction and operation of the power plant will cause environmental damage of the magnitude contemplated under the writ of kalikasan. On the other hand, Redondo Peninusula Energy, Inc. (RP Energy) presented evidence to establish that the subject project will not cause grave environmental damage, through its Environmental Management Plan, which will ensure that the project will operate within the limits of existing environmental laws and standards; 2. The signature requirement for the ECC was substantially complied with pro hac vice; 3. Absent suffi cient showing of grave abuse of discretion or patent illegality, relative to both the procedure and substance of the amendment process, the fi rst and second amendments to the ECC were valid; 4. There is no necessity to secure the Certifi cate of

Non-Overlap (CNO) under Section 59 of RA 8371 (the Indigenous Peoples’ Rights Act) before an ECC may be issued, and the issuance of the subject ECC without fi rst securing the aforesaid certifi cation does not render it invalid; 5. While a CNO should have been secured prior to the consummation of the Lease and Development Agreement (LDA) between Subic Bay Metropolitan Authority (SBMA) and RP Energy, considering that this is the fi rst time the SC laid down the rule of action appropriate to the application of Section 59, it refrained from invalidating the LDA for reasons of equity; 6. The issuance of an ECC does not, by itself, result in the implementation of the project; hence, there is no necessity to secure prior compliance with the approval of the concerned sanggunian requirement under the Local Government Code (RA 7160), and the issuance of the subject ECC without fi rst complying with the aforesaid requirement does not render it invalid. Also, by virtue of the clear provisions of RA 7227, the project is not subject to the aforesaid requirement and the SBMA’s decision to approve the project prevails over the apparent objections of the concerned sanggunians. Thus, the LDA entered into between SBMA and RP Energy suff ers from no infi rmity despite the lack of approval of the concerned sanggunians; and 7. The validity of the third amendment to the ECC cannot be resolved in this case because it was not one of the issues set during the preliminary conference, and would, thus, violate RP Energy’s right to due process.

Thus the SC, among others, upheld the validity of the December 22, 2008 ECC, as well as the July 8, 2010 fi rst amendment and the May 26, 2011 second amendment thereto, issued by the Department of Environment and Natural Resources in favor of RP Energy and the June 8, 2010 LDA between SBMA and RP Energy.

7. Arnado v. Commission on Elections, 767 Phil. 251 (2015)

The SC dismissed the instant Petition for Certiorari and affi rmed the COMELEC Second Division Resolutions, which, among others, disqualifi ed petitioner from running for mayor of Kauswagan, Lanao del Norte. The SC noted that under RA 9225 (the Citizenship Retention and Re-acquisition Act of 2003), natural-born citizens of the Philippines who lost their citizenship by reason of their naturalization abroad and who have retained or re-acquired Philippine citizenship under the law may now run for public offi ce provided that they 1. meet the qualifi cations for holding such public offi ce as required by the Constitution and existing laws and 2. make a personal and sworn renunciation of any and all foreign citizenships before any public offi cer authorized to administer an oath prior to or at the time of fi ling of their Certifi cates of Candidacy (CoCs).

In this case, the SC noted that petitioner’s use of his passport in 2009 invalidated his oath of renunciation and resulted in his disqualifi cation to run for mayor of Kauswagan in the 2010 elections. It found that since then and up to the time he fi led his CoC for the 2013 elections, petitioner had not yet cured the defect in his qualifi cation. It further held that its April 16, 2013 ruling in Maquiling v. Commission on Elections (GR No. 195649) that an Affi davit of Renunciation is deemed withdrawn by the subsequent use of a foreign passport is binding on and applicable to this case following the principle of stare decisis et non quieta movere, which means to adhere to precedents and not to unsett le things that are established.

8. GR No. 231658, GR No. 231771, GR No. 231774, Lagman v. Medialdea, July 4, 2017

Finding suffi cient factual legal basis for its issuance, the SC declared as constitutional Proclamation No. 216 of President Rodrigo Duterte declaring a state of martial law and suspending

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the privilege of the writ of habeas corpus in the whole of Mindanao. The SC, through Justice Del Castillo, explained the parameters of its review, thus:

In determining the suffi ciency of the factual basis of the declaration and/or the suspension, the Court should look into the full complement or totality of the factual basis, and not piecemeal or individually. Neither should the Court expect absolute correctness of the facts stated in the proclamation and in the writt en Report as the President could not be expected to verify the accuracy and veracity of all facts reported to him due to the urgency of the situation. To require precision in the President’s appreciation of facts would unduly burden him and therefore impede the process of his decision-making. Such a requirement will practically necessitate the President to be on the ground to confi rm the correctness of the reports submitt ed to him within a period that only the circumstances obtaining would be able to dictate. Such a scenario, of course, would not only place the President in peril but would also defeat the very purpose of the grant of emergency powers upon him, that is, to borrow the words of Justice Antonio T. Carpio in Fortun, to “immediately put an end to the root cause of the emergency.” Possibly, by the time the President is satisfi ed with the correctness of the facts in his possession, it would be too late in the day as the invasion or rebellion could have already escalated to a level that is hard, if not impossible, to curtail. (Citation omitt ed)

9. GR No. 213346, Republic v. Unabia, February 11, 2019 The SC affi rmed in toto the decision of the CA which

had affi rmed the decision of the Regional Trial Court, Branch 17, Cagayan de Oro City, ordering the Registrar of the Offi ce of the Local Civil Registry of Claveria, Misamis Oriental, to correct erroneous entries in respondent’s birth certifi cate, including changing the sex from “female” to “male.” The SC ruled that even though the special proceeding was fi led under RA 9048, RA 10172 authorizing administrative corrections or changes relating to the sex of individuals should still apply, being remedial in nature. It further held that the medical certifi cate issued by a government doctor presented by respondent stating that he is “phenotypically male” (“meaning that respondent’s entire physical, physiological, and biochemical makeup—as determined both genetically and environmentally—is male, which thus presupposes that he did not undergo sex reassignment”) is a public document, the same having been issued by a public offi cer in the performance of offi cial duty; and as such, it constitutes prima facie evidence of the facts therein stated under Section 23, Rule 132 of the Rules of Court. The SC also noted that in the photograph att ached to the record of the case, respondent’s laryngeal prominence (Adam’s apple) was quite evident. It further held and laid down as a rule that when there is a medical fi nding that the petitioner in a case for correction of erroneous entry as to gender is phenotypically male or female, the no-sex change or transplant certifi cation under RA 9048 becomes surplusage.

10. GR. No. 238467, Zabal v. Duterte, February 12, 2019

The SC sustained the constitutionality and validity of Proclamation No. 475 of President Rodrigo Duterte formally declaring a state of calamity in Boracay and ordering its closure as a tourist destination for six months from April 26, 2018 to October

25, 2018. The SC found no showing that Proclamation No. 475 is deliberately meant to impair the right to travel as it is clearly focused on rehabilitating Boracay. It ruled that Proclamation No. 475 must be upheld for being in the nature of a valid police power measure, fi nding that the temporary closure is reasonably necessary under the circumstances. The SC further ruled that petitioners as part of the informal sector of the economy where earnings are not guaranteed cannot be said to have a vested right to their sources of income in Boracay. It also ruled that the involvement of other government agencies in the rehabilitation does not create the inference that the powers and functions of the concerned local government units (LGUs) are being encroached upon, and that the questioned proclamation even alludes to the LGUs’ role in disaster risk reduction and management.

The SC, through Justice Del Castillo, closed by saying —

…it behooves upon the courts to be extra cautious in invalidating government measures meant towards addressing environmental degradation. Absent any clear showing of constitutional infi rmity, arbitrariness or grave abuse of discretion, these measures must be upheld and even lauded and promoted. Aft er all, not much time is left for us to remedy the present environmental situation. To borrow from Oposa, unless the State undertakes its solemn obligation to preserve the rights to a balanced and healthful ecology and advance the health of the people, “the day would not be too far when all else would be lost not only for the present generation, but also for those to come — generations which stand to inherit nothing" but parched earth incapable of sustaining life. (Citation omitt ed)

iQuote from Wee Chong Jin, the fi rst Chief Justice of Singapore.

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ATTY. AMABEL KAY L. AFRICAJudicial Staff Offi cer V Offi ce of Associate Justice Rosmari D. Carandang

Mabel fi nished both her undergraduate and law degrees at the University of the Philippines (UP) Diliman. During her college years, she had a brief stint as an assistant teacher at Kumon Learning Center and

was a delegate at the World Youth Day in Spain in 2011. Aft er graduating with a Bachelor of Arts in Philosophy degree, cum laude, she worked at two private corporations while pursuing her Juris Doctor studies. She served as an intern at the UP Offi ce of Legal Aid and the Offi ce of the Government Corporate Counsel.

ATTY. VOLTERE EDMARK O. ARCOLSC Senior Chief Staff Offi cerOffi ce of Deputy Court Administrator Raul B. Villanueva

Edmark obtained his Bachelor of Arts in Philosophy from UP Diliman and Master of Public Management from the UP Open University. He has passed both the Career Service (Professional) and Career

Executive Service Examinations administered by the Civil Service Commission. Before joining the SC, he worked at the Privatization and Management Offi ce under the Department of Finance. He fi rst served as Executive Assistant VI at the Offi ce of DCA Villanueva until his promotion to his current position.

ATTY. PIA JANNIE M. BARREDO-PAAFiscal Examiner IIOffi ce of the Court Administrator-Financial Management Offi ce (OCA-FMO)

Pia joined the SC as Accounting Clerk III at the OCA-FMO aft er earning her Bachelor of Science in Business Administration, Major in Banking and Finance from the Pamantasan ng Lungsod ng Maynila. She had a brief stint

as Bookkeeper at the Program Management Offi ce but returned to the OCA-FMO as Fiscal Clerk II until her promotion to Fiscal Clerk III. During this time, she pursued Bachelor of Laws at the Adamson University for three years until she took a break to focus on her family. She was appointed as Fiscal Examiner I in 2009 until her promotion to her current position. In 2016, she resumed her law studies at the Manila Law College.

SUPREME COURT’S NEW LAWYERSOn May 3, 2019, Bar Examinations Committ ee Chair Associate Justice Mariano C. Del

Castillo announced that a total of 1,800 out of the 8,155 examinees who completed the 2018 Bar Examinations passed. Among the successful passers are the following men and women who work at the Supreme Court (SC) and its att ached institutions:

ATTY. MARIA MICHAELA M. BILLONESExecutive Assistant IVOffi ce of Associate Justice Amy C. Lazaro-Javier

Micah was already a registered nurse aft er passing the nursing licensure examinations in 2012 when she decided to take up law. She earned her law degree at the University of Santo Tomas, where she also fi nished high school and her Bachelor of Science in

Nursing. She is skilled in martial arts, particularly judo, even earning in that discipline bronze, gold, and silver medals at the University Athletic Association of the Philippines (UAAP) Seasons 69, 70, and 71, respectively. Before being employed at the SC, she was an intern at the Offi ce of then Court of Appeals Associate Justice Lazaro-Javier.

ATTY. NOREEN B. BRAGASExecutive Assistant IOffi ce of Chief Justice Lucas P. Bersamin

Noreen is a licensed teacher who served her college alma mater, the Saint Louis University (SLU) in Baguio City, as a part-time psychology instructor, psychometrician, and guidance counselor. She graduated magna cum laude with a Bachelor of Science

in Psychology degree, then took up law at the University of the Cordilleras in Baguio City. She is also currently pursuing her Master’s Degree in Psychology (Thesis Writer) at the SLU. She was scholar of a generous benefactor, to whom she is eternally grateful for all her successes.

ATTY. FRANCES ABIGAIL A. BUBANLegal Assistant (Contractual)Offi ce of Associate Justice Andres B. Reyes, Jr.

Frances holds Bachelor of Arts in Political Science and Juris Doctor degrees from the De La Salle University. She has interned at various offi ces, namely, as practicum trainee at the Senate Finance Subcommitt ee, clinic paralegal researcher at the Armed Forces of the Philippines

Human Rights Offi ce, legal apprentice at the Department of Justice (DOJ) Action Center, paralegal researcher at the DOJ Offi ce for Competition, and legal apprentice at the De La Salle Offi ce of Legal Aid. She was also a member of various student organizations in college and law school.

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By Darylle Evie Mae C. CatabayBy Darylle Evie Mae C. Catabay

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ATTY. MARY JOY V. MATEOCourt Decongestion Offi cerOffi ce of Deputy Court Administrator Jenny Lind R. Aldecoa-Delorino

Joy obtained her Bachelor of Arts Major in Political Science from the Adamson University, where she also took up her fi rst year in law school before transferring to the

Arellano University School of Law. She served as an apprentice at the Arellano University Offi ce of Legal Aid, where her work involved draft ing pleadings and other documents, meeting clients, and att ending hearings and Judicial Dispute Resolution conferences. She was a member of academic organizations at both universities.

ATTY. VINCENT PAOLO B. RACOMALegal ConsultantOffi ce of Associate Justice Amy C. Lazaro-Javier

Vince obtained both his Juris Doctor and Bachelor of Science in Business Administration from UP Diliman. While in law school, he was a recipient of various scholarships. He served as an apprentice at

the Castillo Laman Tan Pantaleon and San Jose Law Offi ces; the Public Att orney’s Offi ce-Taguig District; and the UP Offi ce of the Legal Aid. He was captain of the football and futsal team and a member of the choir at the UP College of Law.

ATTY. FEOVIE T. UYAccountant I Philippine Judicial Academy (PHILJA) Administrative Offi ce

Feov has been a certifi ed public accountant since 2012 before taking up law at the University of San Jose Recoletos in Cebu City. She fi nished Bachelor of Science in Management Accounting at the University of

San Carlos and Bachelor of Science in Accountancy at the Cebu Institute of Technology-University. Prior to joining the SC, she worked in four private companies.

ATTY. MARCHELLENE B. CADAY-ATITIW Legal ConsultantOffi ce of Associate Justice Amy C. Lazaro-Javier

March graduated magna cum laude with a degree in Bachelor of Arts in Social Sciences, Major in Social Anthropology, Minor in Political Science at UP Baguio and pursued

her law degree at SLU, also in Baguio City. In 2010, she was sent as an exchange student for a semester at the National University of Singapore, where she was a scholar and an honor student. She was an editor of student publications and a skilled debater, even representing UP Baguio and SLU in national debate and moot court competitions. She previously worked as an instructor of Social Anthropology and Political Science courses in UP Baguio and as a researcher at a geothermal power project.

ATTY. JANINE YSABEL A. GUZMANLegal ClerkOffi ce of Court Administrator Jose Midas P. Marquez

Being an offi cer of academic and charity student organizations and a player for the women’s basketball team did not prevent Janine from making it to the dean’s list while pursuing her Juris Doctor degree at

the Ateneo Law School. While in law school, she served as an apprentice at the Britanico Sarmiento & Ringler Law Offi ces. She also earned her Bachelor of Arts Major in Communication from the Ateneo de Manila University. During college, she headed several student projects and programs and interned for the Manila Water Company, Inc.

ATTY. QUEENY THERESE T. LIM Supervising Judicial Staff Offi cer VOffi ce of Associate Justice Mariano C. Del Castillo

While taking up Bachelor of Science in Management, Major in Legal Management at the Ateneo de Manila University, Queeny studied for a semester at the École Supérieure de Commerce de Dij on Burgundy School of

Business in France. She graduated from college with honors and pursued law studies also at the Ateneo. Before joining the SC, she interned at the Martelino Bacungan and Associates, Calleja Law Offi ce, and the Puno and Puno Law Offi ces. She also volunteered as a paralegal assistant at the Human Rights Victims’ Claims Board Offi ce. She was an active member of various organizations during college and law school.

ATTY. ANNA MICKAELLA N. LINGATSupervising Judicial Staff Offi cerOffi ce of Associate Justice Marvic M.V.F. Leonen

Mika earned both her Bachelor of Science in Economics, cum laude, and Juris Doctor from UP Diliman. While in law school, she worked as a consultant at the House of Representatives. She also served as a

research assistant for Professor Rowena E.V. Daroy-Morales of the UP College of Law and as a law intern at the UP Offi ce of Legal Aid. She also interned at the National Economic and Development Authority Region III while in college.

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Prior to his appointment as Deputy Court Adminis-trator (DCA) for Mindanao in September 2018, DCA

Leo Tolentino Madrazo has served more than two de-cades in government. Now, he is primarily tasked to su-pervise the judges and court personnel of the courts in the 9th, 10th, 11th, and 12th Judicial Regions.

FAMILY OF LAWYERS

As a child, he initially wanted to follow the footsteps of an engineer uncle, but he changed his mind aft er fi nding Math to be a diffi cult subject when he took his elementary school exam.

In his sophomore year during secondary school, he came to the realization that he wanted to be a lawyer like his father Jose Madrazo and several uncles and cousins and a distant relative, the late Chief Justice Ricardo M. Paras, Jr.

His father is now 88 years old and semi-retired. His

82-year old mom, Lina Tolentino Madrazo, is a former public school teacher and offi cer at the Department of Labor and Employment. He makes it a point to visit his parents when he is in Davao City. “They’re old already. I make it a point to see them and bring my mom fruits, yun ang hilig niya (that’s what she likes).”

“MULTIVERSITY”

One who would not be disheartened by life’s challenges, DCA Madrazo pursued his dream of fi nishing law even if it meant transferring from one school to another. He shares he used the term “multiversity” when asked by a writer for the Philippine Judicial Academy (PHILJA) Bulletin from which law school he had graduated. He spent the fi rst two years of law school in San Beda. He recalls going home to Davao and overstaying for vacation because of some balikbayan relatives from the United States, which resulted in his failing to enroll at San Beda. With the help and upon the prodding of his father’s friend, then Ateneo de Davao Dean Epifanio Estrellado, he transferred to the said law school. Eventually though, he decided to leave and enroll at Manuel L. Quezon University since he wanted to fi nish his law degree in a Manila school.

He reveals there was a time that he wanted to stop

law school when he had failing subjects in San Beda, but his Kuya Dicky, the late Department of Justice (DOJ) Assistant Secretary Ricardo Paras III who was then with the Offi ce of the Solicitor General (OSG), talked him into continuing his law studies.

As a student, DCA Madrazo admits that he was talkative and that he was not that diligent. “But I knew

By Jay B. Rempillo

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my limits. When it comes to academics, if I can hack it, I will hack it,” he intimates.

“PILOT, PIONEERING, AND PECULIAR” OFFICE

DCA Madrazo was working as Clerk III at the Department of Labor Region 11 when he became a full-fl edged lawyer in 1990. From 1990 to 1995, he engaged in private practice. Being the eldest in a brood of three and acceding to his parents’ wishes, he practiced his profession in Davao while simultaneously helping in the family business.

In 1996, he returned to government service as Prosecution Att orney II for the DOJ in Davao. He served as DOJ Prosecutor until his appointment as Presiding Judge of the Metropolitan Trial Court in Cities (MTCC), Branch 1 in Davao City, his hometown, in 2009. In 2017, he was appointed Presiding Judge of Regional Trial Court (RTC), Branch 11, also in Davao City. He

served in that post until he was named DCA for Mindanao by the Supreme Court.

DCA Madrazo considers his offi ce as “pilot, pioneering, and peculiar”: “pilot and pioneering” because it is the fi rst offi ce under the Offi ce of the Court of Administrator (OCA) outside of the SC Compound in Faura, Manila; and “peculiar” because there are actually two “physical” offi ces, a satellite offi ce in Manila and a main offi ce in Davao. He explains that there is no actual offi ce in Davao yet and that he is “squatt ing” in his old courtroom at RTC 11 when in Davao for a few days to hold offi ce.

Aside from missing his family, the physical set-up also prevents him from monitoring in person the courts in his jurisdiction. “Because of the distance, I cannot conduct surprise courts visits as oft en as possible. In terms of monitoring, hindi masyadong mabantayan (cannot monitor closely),” he says.

For now, he spends most of his time in the Manila satellite offi ce away from his wife Natividad Dulce and their children Alvaro Luis, Manuel Jose, Josemaria II, and Xavier Canon. “My wife and children understand the situation. They stay in Davao,” says DCA Madrazo.

GUIDING LIGHT

“I’m a pious guy not because I pray always but because I live in Pope Pius XII Catholic Center. (laughs) Well, I pray every day. I go to mass every day,” DCA Madrazo shares. It was in fact at the Pope Pius XII Catholic Center where his entire entourage stayed when he got married in December 1994.

His guiding light is these words of advice his father gave him when he was not yet a lawyer: “Anak, ang capital natin, pangalan lang natin. (Son, our name is our wealth.) I was able to raise the three of you from hard work. Pangalagaan mo ang pangalan at apelyido natin kasi matagal na tayo sa Davao, hindi naman tayo na-involve sa shenanigans or issues of corruption. (Please take good care of our name because in the long time we have been in Davao, we have never been involved in shenanigans or issues of corruption.)”

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