Bill seeks SC-run marshals to protect judiciary members

A key leader of the House of Representatives has filed a bill that aims to put up a Philippine Marshals Service aimed at protecting judges and justices whose lives are at risk for dispensing justice.

House Bill 5403 seeks to establish the armed marshals service that will be supervised by the Supreme Court (SC), considering that “right now, every active judge is a sitting duck, with absolutely no protection whatsoever against potential attacks.”

“This is in response to Chief Justice Diosdado Peralta’s call for a marshals service for the judiciary,” bill author Deputy Speaker Johnny Pimentel of Surigao del Sur said following a series of attacks against judges.

The senior administration lawmaker filed the measure days after the assassination of Tagudin, Ilocos Sur Regional Trial Court (RTC) judge Mario Anacleto Bañez in San Fernando, La Union by still unidentified assailants on Nov. 5.

Bañez was the second RTC judge murdered this year, after the May 9 killing of Sindangan, Zamboanga del Norte judge Reymar Lacaya, and the 31st member of the judiciary slain while in active service since 1999.

A few days ago, it was learned that retired chief justice Lucas Bersamin also received death threats.

Under Pimentel’s bill, the marshals service shall be headed by a director to be appointed by the Chief Justice. The organizational structure, composition and size of the service shall be determined by the director and the Chief Justice.

As proposed by Pimentel, every marshal shall be a bachelor’s degree holder, and at least 21 years old but not older than 35.

The marshals shall undergo training at the Philippine Public Safety College; possess suitable firearms for the proper protection of court officers and properties; serve as “peace officers” and as such, have the power to conduct arrests, searches and seizures in accordance with existing laws and rules; investigate and counteract crimes against judicial officers; and take and require sworn truthful statements of any person or persons so summoned in relation to cases under investigation.

At present, judges are able to obtain close protection officers from the Philippine National Police, but only upon request on a case-to-case basis.

“This arrangement is inadequate, given that judges may not readily perceive threats from angry and atrocious litigants,” Pimentel said.

Based on the judiciary’s staffing summary in the 2019 General Appropriations Act, the country has a total of 2,561 trial judges. The firgure is broken down into 1,301 RTC judges, 169 metropolitan trial court judges, 257 city trial court judges, 468 municipal circuit trial court judges and 366 municipal trial court judges.

Besides the 15 members of the SC, there are also 70 justices of the Court of Appeals and nine justices of the Court of Tax Appeals.

SC thankful, hopeful

SC spokesman Brian Keith Hosaka yesterday expressed hope that the proposed bills creating a marshals service body to protect the justices and judges filed before the House of Representatives would be strengthened and passed into law.

Hosaka expressed gratitude to the members of the House who are supporting this initiative and sponsored bills that would lead to the creation of the Philippine Marshals Service.

Aside from Pimentel, Muntinlupa Rep. Rozzano Rufino Biazon also filed HB 3409 that would entrust the marshals with the responsibility to protect and secure members of the judiciary.

“It goes without saying that when we protect our magistrates, we also protect the rule of law. We thank our lawmakers for their prompt action on this matter,” Hosaka said.

He added that they welcome these moves because it was the first step toward realizing Peralta’s goal of a Marshals Service patterned after the United States Marshal Service to be created and to take charge of securing the magistrates, judges and court personnel.

“This is a very important first step in the creation of a Judiciary Marshal Service, which Chief Justice Peralta had originally envisioned to ensure the safety of our judges and magistrates,” Hosaka said.

“This bill is of utmost importance, and we do hope that this initiative continues to gain traction until a law is eventually passed at the soonest possible time,” he added.

It was reported that the SC would be sending a draft bill on the creation of the Marshals Service to Congress where it would be proposed that the marshals be placed under the SC, through the Office of the Court Administrator.

It would reportedly propose that the marshals be given the authority to make arrests, searches and seizures, in accordance with the Constitution, existing laws and jurisprudence.

The marshals could also directly file criminal complaints before the Office of the Ombudsman, Department of Justice or local prosecutor’s office.