Title
Creation of Office of Judiciary Marshals
Law
Republic Act No. 11691
Decision Date
Apr 8, 2022
The Judiciary Marshals Act establishes the Office of the Judiciary Marshals to ensure the safety and security of the Judiciary in the Philippines, protecting its members, personnel, and court assets, and upholding the rule of law. The law grants the Office of the Judiciary Marshals various powers and responsibilities, including conducting investigations, providing security during court proceedings, and assisting in the execution of lawful orders.

Law Summary

Declaration of Policy

  • Ensures safety and security of Judiciary members, personnel, and assets.
  • Supports Judiciary's independent and impartial function.
  • Establishes a professional security force under Supreme Court control to protect Judiciary from violence, threats, and undue influence.

Creation of the Office of the Judiciary Marshals

  • Established under the Supreme Court via the Court Administrator.
  • Primary responsibility: security and protection of Judiciary members, officials, personnel, property, and court proceedings integrity.

Powers, Functions, and Responsibilities

  • Protection of justices, judges, court personnel, families, court properties.
  • Conduct threat assessments, investigations, and forensic analysis of crimes against Judiciary.
  • Coordinate with other law enforcement agencies for intelligence sharing.
  • Ensure safe, orderly court proceedings.
  • Investigate allegations of judicial irregularities, graft, and corruption as directed.
  • Assist in execution of writs, processes, and orders.
  • Protect witnesses and secure transportation of accused/witnesses.
  • Manage seized, frozen, or forfeited court assets.
  • Issue subpoenas, apply for search warrants, file complaints as ordered.
  • Take sworn statements and administer oaths in investigations.
  • Make arrests and conduct searches/seizures with probable cause.
  • Access public and private records confidentially for investigations.
  • Possess and carry firearms for protection; Chief Marshal authorized to issue firearm permits.
  • Issue Mission Orders for equipment provision.
  • Coordinate with PNP, AFP, NBI and other agencies for functions.
  • Establish Judiciary Marshals Academy for recruitment and training.
  • Perform additional duties as directed by Supreme Court authorities.

Jurisdiction

  • Concurrent jurisdiction with other agencies for investigations of crimes against Judiciary members and properties.

Officials and Assignments

  • Headed by a Chief Marshal assisted by three Deputy Marshals assigned to Luzon, Visayas, and Mindanao.

Qualifications and Appointment of the Chief Marshal

  • Appointed by Supreme Court en banc.
  • Salary Grade 30.
  • Natural-born Filipino, preferably a Philippine Bar member.
  • Must have held at least full Colonel rank in AFP or PNP, or Assistant Director in NBI with investigative experience.
  • Exceptions allowed for proven track records without specified ranks.

Qualifications and Appointment of Deputy Marshals

  • Appointed by Supreme Court en banc.
  • Salary Grade 29.
  • Natural-born Filipino.
  • Must have held at least full Colonel rank in AFP or PNP, or Assistant Regional Director in NBI with investigative experience.
  • Exceptions allowed for proven experience without specified ranks.

Qualifications, Composition, and Size of Personnel

  • Determined by Supreme Court.
  • Supreme Court may create necessary offices, divisions, and units.
  • Staffing patterns adopted and reviewed by the Department of Budget and Management.
  • Positions and salaries aligned with Salary Standardization Law of 2019.
  • Personnel are part of the civil service except highly technical or confidential positions.

Tenure and Retirement

  • Serve until age 65 unless incapacitated or dismissed for just cause by at least eight Supreme Court justices.

Training and Education

  • Continuous training and education to maintain and enhance skills and knowledge.

Administrative and Disciplinary Action

  • Governed by existing Supreme Court rules, codes, and procedures for administrative discipline.

Benefits and Privileges

  • Training, scholarships, and seminars at Office expense.
  • Hazard pay subject to laws and rules.
  • Retirement benefits as provided by existing laws.
  • Costs related to firearm permits borne by the Office.

Appropriations

  • Initial appropriation of Fifty million pesos for salaries, expenses, supplies, equipment.
  • Further funding included in the annual General Appropriations Act.

Implementing Rules and Regulations

  • Supreme Court to issue relevant rules within 60 days after effectivity.

Separability Clause

  • Invalidity of any provision does not affect the rest of the Act.

Repealing Clause

  • Amend or repeal conflicting laws, rules, regulations.

Effectivity

  • Act takes effect 15 days after publication in official or general circulation media.

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