Case Digest (A.M. No. 24-04-09-SC)
Facts:
RE: Draft Implementing Rules and Regulations of Republic Act No. 11691 or the Judiciary Marshals Act, A.M. No. 24-04-09-SC, August 20, 2024, the Supreme Court En Banc, Zalameda, J., writing for the Court. The Court considered and approved the Implementing Rules and Regulations (IRR) to operationalize Republic Act No. 11691 (the Judiciary Marshals Act) and promulgated the IRR by En Banc resolution.The resolution recounts a series of violent attacks and killings of judges and other members of the judiciary (notably Judges Reymar Lacaya, Mario Anacleto Banez, Exequil Dagala, and Ma. Theresa Abadilla) and statistics of numerous unresolved attacks, which motivated calls for institutionalized protection. The Supreme Court had earlier called for legislative action; Senators and House members subsequently filed bills (e.g., Senate Bill No. 1947 and House Bill No. 9086) that culminated in the enactment of the Judiciary Marshals Act (referred to in the text as passed into law on April 28, 2022 and elsewhere dated April 8, 2022).
Pursuant to Section 15 of RA No. 11691, which authorized the Supreme Court to promulgate the rules necessary to implement the new law, the Court created a technical working group (the TWG) under the Committee on Security by Memorandum Order No. 103-2022 (July 11, 2022). The TWG — composed of Supreme Court justices, court administrators, representatives from appellate courts and first- and second-level courts, and other officials, with security experts as consultants — drafted the IRR after consultations and a study tour observing the U.S. Marshals Service.
The IRR approved by the Court defines terms; places the Office of the Judiciary Marshals under the control and supervision of the Supreme Court (with assistance by the Office of the Court Administrator); enumerates powers, functions, and safeguards (including threat assessments, investigation and forensic functions, assistance in execution of writs, witness/accused protection upon court order, coordination with other law-enforcement agencies, and authority to issue subpoenas and apply for search warrants only when explicitly authorized by the Supreme Court); sets up organizational structure including a Chief Marshal and three Deputy Marshals, line offices and a Judiciary Marshals Academy; prescribes qualifications, appointments, tenure, grounds and procedures for dismissal, training, firearms issuance and custody, reporting requirements, budgetary arrangements, and effectivity (IRR to take effect 15 days after publication).
The Court recorded the legislative and administrative bases it relied upon (including Sections 2, 3, 4(d), 5, and 15 of RA No. 11691, statutory references ...(Subscriber-Only)
Issues:
- May the Supreme Court, pursuant to Section 15 of Republic Act No. 11691, promulgate Implementing Rules and Regulations for the Judiciary Marshals Act?
- Are the substantive provisions of the proposed IRR — including the Office’s powers to investigate, access records, coordinate with law-enforcement agencies, issue firearms, appoint marshals, and impose safeguards — a proper and lawful implementation of RA No. 11691 and consistent with applicable laws such as the Data Privacy Act...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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