Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

5403

HOUSE BILL NO.

Introduced by REP. JOHNNY T. PIMENTEL

EXPLANATORY NOTE

Judges, court staff and litigants have become increasingly exposed to
potential violence when hearing cases. Furthermore, the recent killing
incidents of judges has caused a chilling effect in our judicial system. The
Philippine government cannot allow these brazen attacks to go on without an
institutional response.

Philippine court officials deserve strong protection considering that they have
become more vulnerable to aggression and violence from presumably hateful
litigants and other lawless elements. As such, a creation of a protective service
of the judiciary is warranted.

This House measure intends to form the Philippine Marshals Service to
protect judges and justices, as well as to secure court proceedings and court
properties used by members of the judiciary. It also gives Marshals the power
to conduct protective investigations against potential security threats to
members of the judiciary.

‘The passage of this Bill is earnestly sought.



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

5.
HOUSE BILL NO. ous

Introduced by REP. JOHNNY T. PIMENTEL

AN ACT

ESTABLISHING THE OFFICE OF THE PHILIPPINE MARSHALS SERVICE

UNDER THE SUPREME COURT OF THE PHILIPPINES AND

APPROPRIATING FUNDS THEREOF

Be it enacted by the Senate and the House of Representatives of the

Republic of the Philippines in Congress assembled:

Section 1. There is hereby created a Philippine Marshals Service (PMS) under

the control and supervision of the Supreme Court primarily responsible for

the protection of court officials and properties.

Section 2. The Philippine Marshals Service shall have the following functions:

i

ii.

iii.

vii.

To ensure the safe and secure conduct of the judicial proceedings;
To protect the Justices of the Supreme Court, Court of Appeals,
Court of Tax Appeals and Sandinganbayan;

To protect Chief Justice of the Supreme Court;

To provide protection for judges and court officials;

To assess, investigate and mitigate threats against the judiciary;

To undertake investigations of crimes and other offenses against the
laws of the Philippines, upon its own initiative and as public interest
may require;

To give technical aid to all prosecuting and law-enforcement officers
and entities of the Government;

To coordinate with law enforcement agencies to maximize collection

and sharing of intelligence information;


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ix. To perform such other related functions as the Supreme Court Chief

Justice may assign from time to time.

Section 3. The Philippine Marshals Service shall be headed by a Director of
the PMS, who shall be appointed by the Chief Justice of the Supreme Court.

The composition and size of the personnel of the Philippine Marshals Service
shall be determined by the Director.

Section 4. Appointments to position in the PMS shall be made only according

to merit and fitness to be determined as far as practicable by competitive

mental and physical examination and after adequate instruction and training.

Provided, That no person shall be appointed as Marshal of the PMS unless

he/ she possesses the minimum qualifications:
i. A citizen of the Philippines;

ii, A bachelors degree holder:

iii, A person of good moral conduct;

iv. Must not have been dishonorably discharged from military/ uniformed
service or dismissed for cause from any civilian position in the
Government;

v. Must not have been convicted by final judgment of an offense or crime
involving moral turpiture;

vi. Atleast 5’5” for males or 5’3”” for females

vii. A new applicant must be not less than 21 years old but not more that
35 years old.

Section 5. Marshals of the PMS shall undergo continuous training and
education to ensure that they maintain and improve their skills as well as
inform themselves of up-to-date knowledge and information on security. They
may undergo training and education in the Philippine Public Safety College
or in other equivalent institutions.


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Section 6. Marshals of the PMS shall be peace officers, and as such have the

following powers:

is

To make arrests, searches and seizures in accordance with existing
laws and rules;

To take and require sworn truthful statements of any person or persons
so summoned in relation to cases under investigation;

To administer oaths upon cases under investigation;

To investigate and prevent crimes against judicial officers, effect the
arrest of criminal offenders, bring offenders to justice and assist in their
prosecution;

To possess suitable and adequate firearms for their personal protection
in connection with their duties and for the proper protection of court
officers and properties: Provided, that no previous special permit for
such possession shall be required.

Section 7. The amount necessary for the initial implementation of this Act

shall be sourced from the current appropriation of the Judiciary. Thereafter,

such sums as may be necessary for the continued implementation of this Act
shall be included in the annual General Appropriations Acts.

Section 8. All laws, executive orders, proclamations, rules, regulations and

other issuances or parts thereof which are inconsistent with the provisions of
this Act are hereby repealed, amended or modified accordingly.

Section 9. This Act shall take effect fifteen (15) days following its publication
in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,