Title
Supreme Court
Implementing Rules and Regulations of Republic Act No. 11691 or the Judiciary Marshals Act
Case
A.M. No. 24-04-09-SC
Decision Date
Aug 20, 2024
The Supreme Court approved the implementing rules for RA 11691, establishing the Judiciary Marshals Office to enhance security for judicial personnel and court facilities, responding to rising violence against judges in the Philippines.

Case Digest (A.M. No. 24-04-09-SC)
Expanded Legal Reasoning Model

Facts:

  • Violence Against Judiciary Members
    • Between 1999 and 2020, there have been at least 34 judges killed while in service across the Philippines, including notable cases such as:
      • 2019 - Judge Reymar Lacaya of RTC Zamboanga del Norte was shot and killed in a parking area outside a courthouse.
      • 2019 - Judge Mario Anacleto BaAez of RTC Ilocos Sur was gunned down by motorcycle-riding men as he was driving home.
      • 2019 - Former Judge Exequil Dagala was shot dead inside his residence.
      • 2020 - Judge Ma. Theresa Abadilla of RTC Manila was shot in her chamber by her Clerk of Court.
    • Only a small fraction of these killings have been resolved, with less than 10% resulting in conviction.
    • Many perpetrators and instigators remain unidentified.
  • Legislative Response
    • The Supreme Court sought to create an independent body to protect judiciary members, thereafter prompting legislative action.
    • Senator Richard Gordon filed Senate Bill No. 1947 to create the Office of the Judiciary Marshals, citing the alarming deaths and threats against judges and court personnel.
    • Similar measures were filed in the House of Representatives (House Bill Nos. 5691 and 9086), eventually culminating in the enactment of Republic Act No. 11691, or the Judiciary Marshals Act.
  • Republic Act No. 11691 (Judiciary Marshals Act)
    • RA No. 11691 was signed into law on April 28, 2022.
    • It established the Office of the Judiciary Marshals tasked with protecting members of the Judiciary, court personnel, judicial properties, and ensuring the integrity and security of court proceedings.
    • The office also conducts threat assessments, investigations of crimes and irregularities against judiciary members, and assists in the execution of court orders.
    • The Office has concurrent jurisdiction with other law enforcement agencies over crimes related to its mandate.
  • Promulgation of the Implementing Rules and Regulations (IRR)
    • Pursuant to Section 15 of RA No. 11691, the Supreme Court created a Technical Working Group (TWG) composed of justices, court officials, and security experts to draft the IRR.
    • After consultations and a study tour of the U.S. Marshals Service, the IRR was carefully formulated to govern the Office's powers, functions, organization, personnel, and procedures.
    • The IRR includes provisions on organizational structure, recruitment, training at the Judiciary Marshals Academy, authority to carry firearms, administrative discipline, and benefits.
    • The IRR was approved and promulgated by the Supreme Court En Banc on August 20, 2024.

Issues:

  • Whether the Supreme Court has the authority to promulgate the implementing rules and regulations of Republic Act No. 11691, the Judiciary Marshals Act.
  • The extent of the powers, functions, and responsibilities of the Office of the Judiciary Marshals as defined by the IRR.
  • The organizational structure, qualifications, and appointment process of officials and personnel of the Office of the Judiciary Marshals.
  • The scope and limitations of the investigative powers and jurisdiction of the Office of the Judiciary Marshals.
  • The appropriate administrative and disciplinary rules applicable to the officials and personnel of the Office.
  • The adequacy of the provisions ensuring the protection, safety, and security of members of the Judiciary and judicial personnel.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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