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Saturday, April 05, 2008
SC approves arming of judges
MANILA -- Lower court judges may be carrying more than just their gavel.
This after the Supreme Court (SC) approved the guidelines governing the handgun acquisition program of judges of lower courts who are at the receiving end of death threats in the line of duty.
In an en banc resolution promulgated during its session in Baguio City, the High Court found merit in the memorandum dated March 24 of Deputy Court Administrator Reuben dela Cruz, as approved by the committee on security.
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The committee, chaired by Associate Justice Presbitero Velasco Jr., is also completing the SC Security Manual.
Under the proposed guidelines, the court allotted P10 million for the program. An interest free handgun loan amounting to P50,000 will be made available to judges on repayment scheme of not more than 36 monthly installments.
To qualify, judges must be no more than 67 years old as of the date of the application; not under preventive suspension from office; have a minimum 30 days leave credits; have met the minimum of P3,000 net take home pay as required by the General Appropriations Act (GAA); and have at least three qualified co-makers.
Should the judge-borrower fail to render the required service obligation through his own fault, negligence, unsatisfactory or poor performance or other causes within his control resulting in the non-payment of the full cost of the handgun, or should the judge-borrower resign, transfer to an agency or office, the entire unpaid balance shall become due and demandable.
Likewise, the judge-borrower shall pay the unpaid balance within 30 days from retirement, separation or removal from the service.
Protection
Right after he assumed office, Chief Justice Reynato Puno called for the arming of the judges for their own protection and security.
In August last year, Puno issued Memorandum Circular (MC) 10-2007 providing for an interim security procedure to improve the security for justices and judges pending the issuance of a comprehensive security protocol for the lower courts.
The new security protocol designates two focal persons, whom all justices and judges should immediately contact in case of threats to their security or safety.
Assigned as contact persons are dela Cruz and lawyer Allan Contado, who is also liaison officer to the SC for the National Bureau of Investigation (NBI) Task Force for Judiciary Protection.
The new protocols were based on the recommendations of the Committee on Security of the Judiciary in response to the recent spate of violence and killings against members of the judiciary, especially judges in the lower courts who are continuously exposed to violent attacks.
Training
Last month, the Philippine Judicial Academy (PJA) held a three-day seminar dubbed Personal Security Training for Judges.
The judge-participants were given a lecture on, among others, Crime Prevention and Basic First Aid, Technical Facts Regarding Firearms and Ammunition, Threat Awareness and Personal Security Measures, and Firearms Orientation, Markmanship, and Technical Proficiency Training.
Since 1999, there have been 15 judges killed, the latest being Calbayog, Samar Regional Trial Court (RTC) Judge Roberto Navidad, who was gunned down last January 14 by a lone assailant using a caliber .45 pistol while the magistrate was boarding his car in front of a pharmacy in Calbayog City.
Navidad, according to reports, had been receiving death threats since last year.
Hours before the dawning of the year 2006, Pasay Judge Henry Guingoyon was also shot by two motor-riding gunmen while doing some rounds of jogging inside his neighborhood.
Guingoyon was then handling the controversial Piatco case, although investigators have failed to link the case to his death.
In 2005, the court approved the Guidelines for Detail of Court Personnel as Security of Judges. The guidelines cover all RTCs, Shari'a District Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Circuit Trial Courts, Municipal Trial Courts, and Shari a Circuit Courts.
Under said guidelines, a judge who receives a direct threat may apply with the Philippine National Police (PNP) for protective security. A direct threat is defined as an actual threat of danger or physical harm.
Threat
If the judge is under an imminent threat or if his request to the PNP is denied, he or she may apply with the Court Security Committee for authority to designate a member of the judge s staff as an escort.
An imminent threat is defined as a probable danger of death or physical harm. Only one employee of the court may be designated as an escort by the judge.
Likewise, the court, through the Office of the Court Administrator, has inked a memorandum of agreement (MOA) with the PNP in 2005 to work and coordinate with each other in the processing of Permits to Carry Licensed Firearms of the members of the judiciary, especially those who are receiving death threats.
With the MOA, judges are granted permits to carry their firearms even outside their stations.
In 2004, the court abolished the heinous crimes courts 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 are now cognizable by all second-level courts.
The court also provided for the conduct of orientation field seminars on personal security protection for incoming and incumbent judges with the support of the NBI, the Intelligence Service of the Armed Forces of the Philippines (Isafp), and the PJA. (ECV/Sunnex)For more Philippine news, visit Sun.Star Cagayan de Oro. (April 5, 2008 issue)
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