Designation of a Court Personnel/Police Officer as Escort for a Lower Court Judge and Requests of Judges to Carry Firearms
OCA Circular No. 108-04 outlines procedures for providing security to judges facing threats to their lives. Judges are authorized to designate a court employee, such as a sheriff or process server, as an escort with the employee's consent and approval from the Court Administrator. The designated escort is entitled to overtime pay for their service. Additionally, judges may report direct threats to the Philippine National Police (PNP), which will provide police escort as needed, and judges have special privileges to carry firearms without needing permits. This resolution aims to enhance the safety of judges while performing their duties.
Quick Answers
- What is Designation of a Court Personnel/Police Officer as Escort for a Lower Court Judge and Requests of Judges to Carry Firearms about?
- OCA Circular No. 108-04 outlines procedures for providing security to judges facing threats to their lives. Judges are authorized to designate a court employee, such as a sheriff or process server, as an escort with the employee's consent and approval from the Court Administrator. The designated escort is entitled to overtime pay for their service. Additionally, judges may report direct threats to the Philippine National Police (PNP), which will provide police escort as needed, and judges have special privileges to carry firearms without needing permits. This resolution aims to enhance the safety of judges while performing their duties.
- What type of law is OCA Circular No. 108-04?
- Designation of a Court Personnel/Police Officer as Escort for a Lower Court Judge and Requests of Judges to Carry Firearms (OCA Circular No. 108-04) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Designation of a Court Personnel/Police Officer as Escort for a Lower Court Judge and Requests of Judges to Carry Firearms enacted?
- Designation of a Court Personnel/Police Officer as Escort for a Lower Court Judge and Requests of Judges to Carry Firearms (OCA Circular No. 108-04) was enacted on Sep 14, 2004.
- What is the citation for Designation of a Court Personnel/Police Officer as Escort for a Lower Court Judge and Requests of Judges to Carry Firearms?
- Designation of a Court Personnel/Police Officer as Escort for a Lower Court Judge and Requests of Judges to Carry Firearms, OCA Circular No. 108-04, Sep 14, 2004 (Philippines)
Law Information
- Reference Number
- OCA Circular No. 108-04
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
September 14, 2004
OCA CIRCULAR NO. 108-04 1
| TO | : | All Judges |
| SUBJECT | : | Designation of a Court Personnel/Police Officer as Escort for a Lower Court Judge and Requests of Judges to Carry Firearms |
Quoted hereunder for your information are the pertinent paragraphs of the resolution of the Court En Banc dated 24 August 2004 in A.M. No. 04-6-18-SC, Re: Position Paper on Continuing Assassinations/Intentional Killings of Judges while in the Performance of their Duties. —. . .
"A. . . .
B. . . .
C. . . .
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 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 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. "
For your guidance. AcDHCS
(SGD.) PRESBITERO J. VELASCO, JR.Court Administrator
Footnotes
1. See also En Banc Resolution dated April 5, 2005 in A.M. No. 04-6-18-SC.
Cite This Law
Designation of a Court Personnel/Police Officer as Escort for a Lower Court Judge and Requests of Judges to Carry Firearms, OCA Circular No. 108-04, Sep 14, 2004 (Philippines)
Designation of a Court Personnel/Police Officer as Escort for a Lower Court Judge and Requests of Judges to Carry Firearms, OCA Circular No. 108-04 (Phil. 2004)
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