Approval of Measures to Address the Security Concerns of the Judges

August 24, 2004

A.M. No. 04-6-18-SC

Gentlemen :

Quoted hereunder, for your information, is a resolution of the Court En Banc dated 24 August 2004

"A.M. No. 04-6-18-SC. — Re: Position Paper on Continuing Assassinations/Intentional Killings of Judges While in the Performance of their Duties. — The Court Resolved to APPROVE the following proposed measures to address the security concerns of the Judges:

A. Creation of a Judicial Security Committee

The Office of the Court Administrator (OCA) is hereby AUTHORIZED to create the OCA Committee on Security for Lower Court Judges which shall be headed by Deputy Court Administrator Christopher O. Lock and will have as members representatives from the Office of Administrative Services-OCA, Legal Office-OCA, Security Division of the Supreme Court, and 1st and 2nd level court associations of Judges.

B. Orientation Field Seminars on "Personal Security Protection" for Incoming and Incumbent Judges

The seminar shall be conducted under the auspices of the National Bureau of Investigation (NBI), the Intelligence Service of the Armed Forces of the Philippines (ISAFP) and the Philippine Judicial Academy (PHILJA), and may include court personnel (i.e., Sheriff or Process Server) who could later be designated as escorts of the Judges.

This particular matter is hereby REFERRED to the PHILJA for the formulation and implementation of the guidelines.

C. Abolition of the Heinous Crime Courts

Administrative Order No. 104-96 dated 21 October 1996, designating some Regional Trial Courts as Heinous Crime Courts pursuant to Batas Pambansa 129, is hereby REVOKED owing to the relatively low caseloads in the said courts and considering that the current set-up makes a Heinous Crime Court Judge easily identifiable, making him/her an easy prey to vindictive litigants.

Heinous crimes shall henceforth be cognizable by all second level courts. aHSCcE

D. Designation of a Court Personnel/Police Officer as Escort for a Lower Court Judge

Judges who are facing imminent threats on their lives is hereby AUTHORIZED to designate, as escort, one member of their staff (i.e., Sheriff or Process Server). No designation shall be made without the express consent of the concerned employee and prior approval of the Court Administrator. Further, the designation shall only be for the duration of the period requested by the Judge and subject to the guidelines that may hereafter be set by the OCA Security Committee for Lower Court Judges.

The court employee designated to serve as escort for his/her Judge shall be entitled to overtime pay at the rate of One Hundred Pesos (P100.00) per day when rendering a maximum of three (3) hours of service on weekdays which shall start from 5:00 p.m. to 8:00 p.m. and One Hundred Fifty Pesos (P150.00) per day during weekends when rendering service from 8:00 a.m. to 4:00 p.m.

In cases where a Judge faces a direct threat on his life, he may report the same to the PNP which shall in turn immediately provide him with a police escort. In connection, the OCA is hereby AUTHORIZED to enter into a Memorandum of Agreement with the Philippine National Police on the grant of such request.

E. Special Processing Privileges for the Firearms of the Judges

The OCA already has the commitment of PNP Director General Hermogenes E. Ebdane, Jr. for the grant of requests from Judges for permission to carry their firearms outside the confines of their stations. It should be noted that under Section 881 of the Revised Administrative Code, judges are among those persons not required to secure permits to carry firearms outside their residence." Puno, Panganiban, Sandoval-Gutierrez and Carpio, JJ., abroad on official business.

Very truly yours,

 

(SGD.) LUZVIMINDA D. PUNOClerk of Court

 

By:

 

(SGD.) MA. LUISA D. VILLARAMAAssistant Clerk of Court