EN BANC
A.M. No. 04-6-18-SC
RE: POSITION PAPER ON CONTINUING ASSASSINATIONS/INTERNATIONAL KILLINGS OF JUDGES WHILE IN THE PERFORMANCE OF THEIR DUTIES
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated APRIL 5 2005.
The Court Resolved to
(a) NOTE the Memorandum dated 16 March 2005 of the OCA Committee on Security for Lower Court Judges, submitting the Proposed Guidelines for the Detail of Court Personnel as Security for Judges; and
(b) NOTE and APPROVE the aforesaid Proposed Guidelines for Detail of Court Personnel as Security of Judges, to wit:
PROPOSED GUIDELINES FOR DETAIL OF
COURT PERSONNEL AS SECURITY OF JUDGES
WHEREAS, on 24 August 2004, the Supreme Court in A.M. No. 04-6-18-SC. Resolved to adopt several measures to address the security concerns of the Judges;
WHEREAS, the said resolution authorized the Office of the Court Administrator (OCA) to create the OCA Committee on Security for Lower Court Judges;
WHEREAS, the said resolution authorized Judges who are facing imminent threats on their lives to designate, as escort, one member of their staff;
WHEREAS, the said resolution authorized the OCA Security Committee for Lower Court Judges to set guidelines to govern the designation of escorts;
NOW, THEREFORE, in compliance with the Court’s directive, the OCA Security Committee for Lower Court Judges submits its proposed guidelines on the designation of court personnel as escorts for lower court judges.
I. GENERAL STATEMENTS
A. Definition of terms:
1. ”Direct threat” refers to an actual threat of death and/or physical harm.
2. “Imminent Threat” refers to a probable danger of death and/or physical harm.
3. “Security Committee” refers to the OCA Security Committee for Lower Court Judges.
II. COVERAGE
These guidelines shall cover all Regional Trial Courts, Shari’a District Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Circuit Trial Courts, Municipal Trial Courts, and Shari’a Circuit Courts.
III. SCOPE AND LIMITATIONS
A. Assessment of threat
1. A lower court judge who receives a direct threat may apply with the Philippine National Police (PNP) for protective security, in accordance with Memorandum Circular No. 2000-008 of the National Police Commission, dated 29 August 2000 herein attached as Annex “A.”
2. 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.
3. In emergency situations, the Security Committee has the discretion to suspend some of the requirements for designating court personnel as security escorts if warranted by circumstances.
B. Procedure for designation of security escort
1. A lower court judge who wishes to designate a member of his or her staff as an escort shall submit the request addressed to the Court Administrator, coursed through the Security Committee.
2. Said request shall be in writing, and shall state the necessity for the designation of security personnel of the judge, the period of the requested designation not exceeding one month, and the written consent of the concerned employee.
3. Only one employee of the court may be designated as an escort by the judge.
4. Requests shall be processed by the Security Committee within one week from receipt and submitted to the Court Administrator for final approval.
5. Verbal requests shall not be entertained, and requests without the written conformity of the personnel concerned shall not be processed.
6. Copies of approved requests shall be forwarded to the Financial Management Office-OCA and to the Office of Administrative Services-OCA for appropriate action.
C. Time of service
1. The designated personnel shall act as such for a maximum of three (3) hours per day, beginning at 5:00 p.m. to 8:00 p.m. on weekdays, and 8 hours per day, beginning at 8:00 a.m. to 4:00 p.m. on weekends.
2. No designated personnel shall be required to act as security for the judge beyond those hours.
3. No designated personnel shall be required to act as security for the judge on holidays.
4. The designated personnel is not exempt from reporting to work at the official hours designated by the Supreme Court, and shall not be exempt from the time-record requirements such as the bundy clock and the daily time record.
5. At least ten (10) days before the expiration of the one month period, should the judge perceive the need for the designated personnel to render service beyond the requested period, he or she shall submit a request for renewal, with the written consent of the designated personnel to the Security Committee. The same shall be processed and submitted to the Court Administrator for approval.
D. Overtime Pay (Meal Allowance)
1. Designated personnel shall be entitled to overtime pay (meal allowance0 at the rate of One Hundred Pesos (P100.00) per day when rendering a maximum of three (3) hours of service on weekdays and One Hundred Fifty Pesos (P150.00) per day during weekends.
2. Claims for overtime pay (meal allowance) shall be submitted to the Finance Division of the Financial Management Office, accompanied by a photocopy of the daily time record (DTR) or bundy clock card covering the period of designation. This copy shall be certified correct by the presiding judge, with the words, “for extra services rendered” at the upper right hand corner of the Photocopy.
3. Payment of the overtime pay (meal allowance) shall be made upon submission to the Finance Division of the Financial Management Office of the duly-accomplished disbursement voucher for extra services rendered by the designated personnel during the period of designation in accordance with the Resolution in A.M. No. 04-6-18-SC dated 24 August 2004.
E. Duties and Responsibilities of Designated Personnel
1. During the designation as escort, the duties of the designated personnel at the time service is rendered shall be limited to protective functions only.
2. The designated personnel shall accompany the judge on official functions within the judge’s area of jurisdiction. Should the judge travel outside his or her area of jurisdiction, the designated personnel is not required to accompany the judge, but may consent to do so. This however shall not entitle the designated personnel to travel allowance.
3. The designated personnel may carry a personal firearm while rendering service as escort, but only with the requisite permit to carry firearm outside of residence.
4. No designated personnel shall be used as a family driver or used to run errands for the judge.
5. No designated personnel shall be used as an instrument to harass or intimidate other people.
6. The Security Committee may use violations of the preceding provisions as basis for revoking the authority of the judge to designate an escort.
F. Revocation of Authority
1. Before the expiration of the one month period, the judge may request for the revocation of the designation of the escort. This request shall be made in writing and submitted to the Security Committee for processing. The same shall be submitted to the Court Administrator for approval.
2. If the designated personnel feels unable to continue rendering protective service, he shall request the Security Committee in writing for the revocation of his designation. The same shall be submitted to the Court Administrator for approval.
3. Should the judge be suspended or dismissed from service, the designation of the court personnel shall be revoked.
4. Should the judge or the designated personnel commit violations of these Guidelines, the designation shall be revoked. Violations may be the basis for administrative sanctions against the concerned judges or personnel.
5. Fraud or falsification in the application for authority to designate court personnel shall result in the appropriate administrative, civil and criminal sanctions against the concerned judges or personnel.
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
By:
(Sgd.) MA. LUISA D. VILLARAMA
Assistant Clerk of Court