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Tuesday, January 03, 2006
A special unit to guard judges: SC chief justice
MANILA -- Chief Justice Artemio Panganiban said Monday the Supreme Court (SC) is planning to create a special unit to protect judges and investigate crimes against them.
Panganiban saw the need for long-term precautionary measures for judges following the killing last Dec. 31 of Pasay City Regional Trial Court (RTC) Judge Henrick Gingoyon in Cavite by two men.
Panganiban appointed Associate Justice Cancio Garcia to head the team that will study the creation of a unit patterned after the US Federal Bureau of Investigation (FBI) marshal system.
“On a longer term, I think we need to give protection before crimes happen and after crimes happened to be sure that perpetrators are brought to justice. We are thinking of a similar solution that the US has made. It’s called the US Marshal System. It’s dedicated to solving cases against justices and judges especially cases involving assault on their persons, whether resulting in their death or otherwise,” he said.
The idea of creating a special unit to handle cases against justices and judges was raised during a meeting of justices Monday.
Sketch
Panganiban also called on law enforcers to immediately catch the killers of Gingoyon and resolve other cases involving judges.
Fellow judges and lawyers echoed Panganiban’s call and assailed the killing.
Also Monday, police released a sketch of Gingoyon’s gunman, described to be between 28 to 30 years old, of medium built and between 5’8" to 5’9" tall. Police, however, still have to come out with a sketch of the gunman’s accomplice, who drove the motorcycle.
An SC memorandum last April 5 mapped out a security program for members of the judiciary. The memorandum created the Committee on Security for Lower Court Judges within the Office of the Court Administrator.
The memorandum allows judges to apply with the police for the assignment of a protective escort when they get death threats.
“Should a lower court judge feel that he or she is under an imminent threat, or should the PNP deny his or her request for protective security detail, he or she may apply with the Security Committee for authority to designate a member of his staff as an escort,” the memorandum reads.
A retired military colonel turned security consultant and firearms instructor, however, described the program as half-hearted and done more to “project the idea that something is being done rather than actually do something about the problem.”
“Security is important, though, almost always lightly taken. We talk about operational security or security of important records and documents but never about personal protection,” said retired colonel Ceferino Layao, president of the Kamagong Gun Club Inc.
Exemption
As to the proposal to let judges carry guns, Layao said: “They are already allowed to. There is a law on that. They are even exempted from getting permits to carry. I believe that they should carry guns. Even if they say that it is not enough, at least it gives them a fighting chance. And it projects the idea that those who wish to harm our judges shall be dealt with seriously.”
According to Layao, the idea that judges are fair game nowadays needs to be “hammered harder into the collective consciousness of the High Tribunal.”
He described the SC memorandum as operating with unrealistic assumptions. He said the High Tribunal should get a more knowledgeable person or entity to do its security program and “put some teeth into their security arrangements.”
Layao agrees on getting police as escorts. He said, however, that the SC must be mindful of the fact that only very few police personnel are trained in the intricacies of personal security detail and most of them are already assigned to higher-ranking government officials and the PNP officers corps.
“The ones left are the ordinary cops. They may be dedicated but are they trained?” he said. And when asked about using staff members as escorts, Layao said: “Samot (Even worse).”
Replacement
The memorandum provides that only one employee of the court may be designated as an escort by the judge and that the person may carry his “personally owned” firearm but only if he has been previously granted the necessary permits for it.
SC data showed that about 10 justices have been slain since November 1999.
Panganiban also said Monday that he would work for the Judicial Bar Council (JBC) to hasten the replacement of Gingoyon so as not to jeopardize the cases pending before his court.
Among these cases is the controversial Philippine International Air Terminals Company (Piatco) case, where Gingoyon ordered the government to pay P3 billion as compensation to the business consortium that put up the Ninoy Aquino International Airport (Naia) Terminal III.
While noting that Gingoyon became popular due to the Piatco case, Panganiban said police investigators should also look into other possible motives behind his murder.
Delay
Also Monday, Justice Secretary Raul Gonzalez Sr. said he has ordered the National Bureau of Investigation (NBI) to assist in the investigation on Gingoyon’s killing.
“I don’t think there is that implication (with the Piatco case), but it may delay the process that’s why I will discuss this with the Chief Justice if there can be temporary assignment of a judge there although there is already a pairing judge of Judge Gingoyon, so the pairing judge can always act,” Gonzalez said.
He said investigators are focusing on an alleged grudge between the magistrate and a police official.
Gonzalez was referring to the case where Gingoyon was reprimanded by the SC and ordered to pay P20,000 fine for gross ignorance of the law for allowing a sheriff to use a vehicle confiscated from two Chinese nationals arrested during a buy-bust operation in 1998.
Cavite Provincial Police Office Chief Benjardi Mantele also said Monday that they are still verifying information that a Cavite police commander, who is reported to have a grudge against the judge, had a hand in the killing.
Even before the Piatco case, Gingoyon had earned a name as a former justice department prosecutor who handled key organized crime cases. (Sunnex/With KNR, PNA)
(January 3, 2006 issue)
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