BRIEFER

Committee on Justice and Human Rights

December 16, 2019

Agenda:
SB 1181 – Creating the Philippine Marshal Service under the control and supervision of
the Supreme Court of the Philippines, appropriating funds therefor and for
other purposes. (Sen. Gordon)
SB 1209 – Creating the Philippine Judicial Marshal Service defining its functions and
powers, appropriating funds therefor and for other purposes. (Sen.
Lacson)

A. Opening Statement

True Liberty can only exist when justice is equally served to all. – William Murray,
first earl of Mansfield

The Judiciary is the 3rd co-equal branch of government. They are necessary in
our form of government as they provide the necessary checks and balances for
the executive and legislative branch.

The judiciary is vital in protecting our democracy as it is the branch of

government empowered by our Constitution to uphold justice. They ensure laws
are applied fairly and that at the end of the day we are governed by laws and
not of men.

As a lawyer myself, I am personally aware of how crippling news of killings of

judicial officers and fellow lawyers are to the effective administration of justice.
The courts and its officers must always be protected, including the lawyers who
are rightfully officers of the court, in order to allow them to function and decide
based on our laws and not based on fear.

I fully support the passage of this bill and I am even hoping for its increased
coverage to include the protection of lawyers.

B. Creation of the Philippine Marshal Service under the Supreme Court

through the Office of the Court Administrator.
o Notable Functions:
 Security and Safety of justices, judges, court officials and
personnel, hall of justice, courthouses and other court buildings
and properties.
 Threat assessment and investigation of crimes and other offenses
committed against the judiciary.
  Assist in the execution and implementation of court orders
 To make arrests, searches and seizures in accordance with the
constitution.

C. Initial funding of P50M

D. Point of difference
o Additional provisions in SB 1181 (Sen. Gordon)
 Creation of specific 14 divisions
 Additional functions of the marshal service
 Assist in the protection of witnesses and in the security in
the transportation of the accused or witnesses necessary for
the continuation of court proceedings
 To seize, freeze, manage and dispose of assets seized,
frozen or forfeited by the Courts nationwide
 To make arrests, searches and seizures in accordance with
the Constitution, existing laws, jurisprudence and rules.
o SB 1209 - Creating the Philippine Judicial Marshal Service. (Sen. Lacson)
left this to be determined by the Supreme Court

E. Judicial Marshals sought by CJ Peralta

Chief Justice Diosdado Peralta wants the proposed judicial marshals to have
powers not only limited to securing judges and court personnel, but act as the
main law enforcement agency for court-related offenses.

Peralta said in a press conference on Friday, November 9, that he wanted the

judicial marshals to have the power to arrest and even investigate.

"We give powers to all these marshals [so] there is no need to go to the
policemen, they themselves [can arrest.] That is what we are envisioning and we
hope that Congress would help us on this para naman matakot ang mga tao (so
it can deter criminals) because they are harming our judges, not only fiscals and
witnesses but judges na," Peralta said.

Peralta also said the judicial marshals should have investigative powers and the
authority to directly file complaints before prosecutors.

"We want the marshals [to have the power to] require parties and witnesses to
appear, so the case should no longer be filed before the NBI, kami na mag
imbestiga (we can investigate ourselves), give them the power to file cases
before the fiscal's office," said Peralta.
 "Madami kami bodyguard pero pag lumapit 'yan (we have many bodyguards but)
they cannot arrest. Or somebody is creating trouble in the Hall of Justice, what
does the guard do they would summon the policemen and when the policemen
arrives may patayan na, may violence na (there's already a death, there's
already violence)," said Peralta.

F. United States Marshal Services

The United States Marshals Service is a federal law enforcement agency within
the U.S. Department of Justice. It is one of the oldest American federal law
enforcement agencies and was created by the Judiciary Act of 1789 during the
presidency of George Washington as the Office of the United States Marshal.

The United States Marshals Service’s (USMS) Judicial Security Division (JSD)
keeps an eye on the safety and security of judges and justices. It guards court
proceedings and conferences, and secures buildings and properties used by
members of the US judiciary.

G. US Marshal Trainee Requirements

Selected candidates will be required to attend and pass all phases of an

approximately 15 week pre-service Academy followed by a course of field
training. Skills to be acquired will include handcuffing, use of defensive spray and
defensive baton, CPR, First Aid, prisoner management, and other skills relevant
to the care and custody of prisoners as well as the safety and security of Judicial
Branch staff and users of the courts. The Judicial Marshal Academy will include a
physical training regimen to ensure the fitness of candidates for practical training
functions.

H. Questions/ Points
1. Include lawyers in the scope of protection of the marshal service. Lawyers are
also officers of the court that require protection. A lot of lawyers have been
shot and harmed coming to and from the courts or even in random places.
They are also necessary for the service of justice.
2. Prosecutors, though under the DOJ and not the SC likewise deserve and need
protection.
3. Some of the functions of the proposed marshal service are already performed
by existing government agencies. Like the protection of witness by the DOJ,
and transport of accused and witnesses by the BJMP. How will this new body
interplay with existing ones?
4. In the United States, one of the functions of the US marshal is the
apprehension of fugitives. U.S. marshals work with federal, state, and local
authorities to apprehend and arrest fugitives. Should this not be included in
our marshal service as well?
5. How many marshals per judge/judicial officer?
a. Initial is to start with 500 marshals that would be assigned to judges
facing threats. Will this only cover high level judges or justices?
b. What is the costing for training and compensation?