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Monday, September 30, 2024

Judiciary marshals bill gets House approval; ball now in Senate’s court

The House of Representatives has expressed hope that the Senate will prioritize the passage of a bill that provides armed protection to trial judges, many of them killed in the line of duty while others faced threats to their personal safety.

Deputy Speaker Johnny Pimentel made the statement after the lower chamber recently passed the bill on third and final reading. House Bill 9086 seeks to establish the Judiciary Marshals Service, which shall operate “as an independent, professional, and organized security force under the direct control and supervision of the Supreme Court.”

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“The service may have up to 2,800 marshals, assuming at least one is detailed to every trial judge and every justice,” Surigao del Sur Rep. Johnny Pimentel, the bill’s principal author, said.

Based on the judiciary’s staffing summary in the 2021 General Appropriations Act, Pimentel said the country has 2,772 active trial judges and justices.

“Once set into motion, the service will help deter and thwart armed attacks against our judges,” Pimentel said, adding that the marshals are expected to proactively deal with all actionable threats.

In the smaller chamber, the counterpart measure—Senate Bill 1947—is already up for plenary action.

Under the bill, the service shall be headed by a chief marshal, who shall have the same rank and privileges as an associate justice of the Supreme Court.

The chief marshal shall be assisted by three deputies—one each for Luzon, Visayas and Mindanao—who shall have the same rank and privileges as a regional trial court judge.

The chief marshal and his or her three deputies must all be members of the Philippine Bar, and must have held the rank of at least a full colonel in the Armed Forces or the National Police, or assistant director of the National Bureau of Investigation.

They shall be appointed by the Supreme Court and serve until they reach the age of 65 years old.

The bill leaves it up to the high tribunal to configure the full staffing pattern of the service, which is expected to:

• Protect justices, judges, court officials and staff as well as court properties;

• Investigate, in coordination with other law enforcement agencies, crimes and offenses committed against justices, judges, court officials and staff as well as court assets;

• Secure court trials and hearings, including meetings and seminars; and

• Aid in the execution of court orders.

Under the bill, the marshals are empowered to carry duly licensed firearms; conduct arrests, searches and seizures in relation to their functions, and in accordance with the Constitution, existing laws and rules; issue subpoenas for the appearance of any person for investigation, apply for search warrants before any court, and file complaints before any prosecutor; take sworn statements from any person summoned in relation to cases under investigation; and have access to public records in the custody of any government agency.

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