Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘S RECEIVED

NOV 2/7 2019

EIGHTEENTH CONGRESS
First Regular Session

7 5654
House Bill No.

NDEX

Introduced by Representative PABLO JOHN F. GARCIA

EXPLANATORY NOTE
The Philippines is a dangerous place for a judge.

From 1999 to September 2015, 24 judges were killed according to research
data from the International Association of People’s Lawyers.’ Over the past three
years, five active judges have also been slain.’ Thus, since 1999, around one judge
has been killed every eight months.

Court personnel and paralegals are likewise not spared from attacks.”

The rule of law, our constitutional institutions, and this nation have been
terribly undermined by these despicable acts worthy of nothing but the sternest
condemnation. These acts of violence against our judges should be stopped lest our
halls of justice crumble at the hands of the very elements they seek to banish.
Lawlessness has no place in our judicial system and should not be tolerated in any
manner whatsoever. Our magistrates and court personnel deserve nothing but the
best protection available — free to dispense justice without favor, and more
importantly, without fear.

* Rosette Adel, Australian law prof: Philippines a very dangerous place for lawyers, available at
https://www.philstar. com/headlines/2015/09/07/149737 7/australian-law-prof-philippines-very-dangerou
s-place-lawyers#mlujU 1 JEDOORz8xh.99 (last accessed 21 November 2019).

? Kristine Joy Patag, Tagudin, llocos judge killed in La Union, available at
https:/www.philstar.com/headlines/2019/11/06/1966475/tagudin-ilocos-judge-killed-la-union (last
accessed 11 November 2019).

> See the joint written statement submitted by Lawyers’ Rights Watch Canada et al. to the United
Nations Human Rights Council, Philippines: Extrajudicial Killing of jurists as part of a pattem of
widespread and systematic violations of human rights, available at
http://alrc.asia/philippines-extrajudicial-kiling-of jurists-as-part-of-a-pattem-of.
atic-violations-of-human-rights/ (last accessed 21 November 2019).

idespread-and-system



This bill aims to establish the Philippine Marshals Service to protect and
defend our magistrates, judicial personnel, and court assets. It is hoped that this
measure will prevent further violence against the Judicial Department of our beloved
Republic,

In view of the foregoing, the urgent passage of this bjiti rnestly sought.

Rep. PABLO JOHN F. GARCIA
3rd District, Province of Cebu


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 5654

Introduced by Representative PABLO JOHN F. GARCIA

ACT ESTABLISHING
THE OFFICE OF THE PHILIPPINE MARSHALS SERVICE
UNDER THE SUPREME COURT OF THE PHILIPPINES
AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and the House of Representatives of the Republic of the
Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the “Philippine Marshals
Service Act of 2019.”

Section 2. Declaration of Policy. - The State values the safety, security, and
independence of the Judicial Department, whose unimpeded functioning is
paramount to the rule of law and the pursuit of justice. The State likewise recognizes
that there is a need to protect the judiciary from threats and violence. It is thus the
policy of the State to exert utmost efforts in ensuring the protection of its magistrates,
judicial personnel, and court assets in order to preserve the rights and guarantees
granted by the Constitution.

Section 3. Establishment. - The Philippine Marshals Service (hereinafter
referred to as the “Service"), is hereby established as an armed and uniformed
service under the control and supervision of the Supreme Court, through the Office of
the Court Administrator, primarily responsible for the protection of court officials,
personnel, and properties.

Section 4. Powers and Functions of the Philippine Marshal Service. - The
Service shall have the following functions:

a. To protect, defend, safeguard, watch over, provide security and ensure the
safety of Justices, judges, court officials and personnel, and halls of justice,
courthouses, and other court buildings and properties;

b. To conduct threat assessments and undertake investigations of crimes and
other offenses committed, including potential security threats, against Justices,


judges, court officials, and personnel, and halls of justice, courthouses, and
other court properties;

c. To ensure that court trials and hearings and other judicial proceedings,
including judicial conferences, seminars and meetings, proceed orderly in
accordance with existing rules, guidelines and practice;

d. To conduct investigations concerning allegations of irregularities, including
graft and corruption, committed by Justices, judges, court officials and
personnel;

e. To assist in the execution and implementation of court orders;

f. To provide operational aid to all prosecuting and law-enforcement officers and
entities of the Government;

g. To coordinate with law enforcement agencies to maximize collection and
sharing of intelligence information; and

h. To perform such other related functions as the Supreme Court, the Chief
Justice, or the Court Administrator may order, direct and instruct from time to
time.

Section 5. Officials of the Philippine Marshals Service and Their
Assignments. - The Service shall be headed by the Director who shall have the
same rank, privileges, and compensation of a Court of Appeals Associate Justice.
The Director shalll be assisted by three (3) Deputy Directors who shalll have the same
rank, privileges, and compensation of a Regional Trial Court Judge, and be
respectively assigned in Luzon, Visayas, and Mindanao.

Section 6. Qualifications, Appointment, Tenure. - The Director and Deputy
Directors must have been at least either a Colonel of the Armed Forces of the
Philippines, a Senior Superintendent the Philippine National Police, a Supervising
Agent of the National Bureau of Investigation, or a Marshal IV of the Service. They
shall be appointed by the Supreme Court en banc and shall serve until they reach the
age of sixty-five (65), unless they resign, become incapacitated to discharge the
duties of their office, or are removed for just cause by a vote of not less than eight (8)
Justices of the Supreme Court.

Appointments for lower officers in the Service shall likewise be made by the
‘Supreme Court en banc and shall be made only according to merit and fitness, which
shall 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 a Marshal of the Service unless he or she possesses the
following minimum qualifications:

. He or she must be a citizen of the Philippines;

. A Bachelor's Degree holder:

. A person of good moral conduct;

. Must not have been dishonorably discharged from the Armed Forces of the
Philippines or other uniformed service or dismissed for cause from any civilian
position in the Government;

e. Must not have been convicted by final judgment of an offense or crime

involving moral turpitude; and

een


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

The compensation of Marshals of the Service shall be as follows:

Position Salary Grade
Marshal IV 24
Marshal IIL 22
Marshal II 20
Marshal | 18

Section 7. Composition and Size of Personnel of the Service, - The
composition and size of personnel of the Service shall be determined by the
Supreme Court which may create such offices, divisions, and units under it, as it may
deem necessary, and for this purpose, the Supreme Court is authorized to adopt and
implement the corresponding staffing patterns; Provided, however, that the positions,
titles, and salaries of its officials and personnel shall be in accordance with the
position classifications and salary grades in the Judiciary, the Civil Service Rules and
the Salary Standardization Act; Provided further, however, that all officials and
personnel appointed under this Republic Act shall belong to the classified service
and shall be governed by the Civil Service Law, except those whose positions are
highly technical or primarily confidential.

Section 8. Powers, Duties, and Responsibilities of the Philippine
Marshals. - The Supreme Court shall determine and define the powers, duties, and
responsibilities of the Service which shall include but are not limited to the following:

a. To issue subpoenas for the appearance of any person for investigation, apply
for search warrants before any court of law, and file complaints before the
Ombudsman, any Prosecutor, or the Department of Justice;

b. To take and require sworn statements from any person so summoned, in
relation to cases under investigation, in accordance with the Constitution,
existing laws, jurisprudence and rules;

. To administer the oath of any person in relation to cases under investigation;

|. To make arrests and searches and seizures, in relation to the functions of the
Service, and in accordance with the Constitution, existing laws, jurisprudence,
and rules;

e. To have access over all public records under the custody of any government
branch, institution, agency or instrumentality, and upon proper request made
to private telecommunications companies, the records of any individual under
investigation which shall be treated with utmost confidentiality and only for the
purposes of cases under investigation; and

f. To possess suitable and adequate firearms and other implements or
instruments necessary for their personal safety and protection in connection

ao


with their duties and responsibilities and for the proper safety and protection of
Justices, judges, court officials and personnel, and halls of justice,
courthouses, and other court buildings and properties: Provided, that no
previous special permit for such possession shall be required.

Section 9. Continuous Education and Training. - Marshals of the Service
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
Military Academy, Philippine National Police Academy, Philippine Public Safety
College, or in other equivalent institutions.

Section 10. Appropriations. - 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 Act.

Section 11. Separability Clause. - Should any provision of this Act be
declared invalid, the remaining provisions shall continue to be valid and subsisting.

Section 12. Repealing Clause. - 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 13. Effectivity. - 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,