Judiciary Marshals’ office, Metro Davao Dev’t Authority formed

By Ruth Abbey Gita-Carlos

April 27, 2022, 3:50 pm

<p>President Rodrigo Roa Duterte <em>(File photo)</em></p>

President Rodrigo Roa Duterte (File photo)

MANILA – President Rodrigo Roa Duterte has inked two laws creating the Office of the Judiciary Marshals and the Metropolitan Davao Development Authority.

Duterte on April 8 signed Republic Act (RA) 11691 or the Judiciary Marshals Act to ensure the safety and security of the members of the judiciary, judicial personnel, and court assets.

Under RA 11691, the Office of the Judiciary Marshals is created and will be under the control and supervision of the Supreme Court through the Office of the Court Administrator.

The Office of the Judiciary Marshals, according to the RA 11691, will be primarily responsible for the security, safety, and protection of the members, officials, personnel, and property of the Judiciary, including the integrity of the courts and its proceedings.

“To this end, an independent, professional, and organized security force under the control and supervision of the Supreme Court is necessary to protect the Judiciary from violence, threats, and undue influence, thereby securing the performance of its constitutionally-mandated duty to administer justice in accordance with the laws of the land,” RA 11691 read.

The Office of the Judiciary Marshals will be headed by a Chief Marshal assisted by three Deputy Marshals who will be respectively in charge of, assigned and stationed in Luzon, Visayas, and Mindanao.

It is tasked to “protect, defend, safeguard, watch over, provide security for, and ensure the safety of” justices, judges, court officials, and personnel, including their families, and halls of justice, courthouses, court buildings, and other court properties.

It is also mandated to conduct threat assessments and undertake investigations and forensic analysis; ensure safe, secure, and orderly court proceedings, trials and hearings; and conduct investigations on erring justices, judges, and court officials and personnel.

It also has the authority to assist in the execution of all lawful writs, processes, and orders; assist in the protection of witnesses; assist in the management and disposal of seized, frozen of forfeited assets.

Upon the directive of the Supreme Court, the Chief Justice, or the Court Administrator, the Office of the Judiciary Marshals may also issue subpoenas for the appearance of any person for investigation, apply for search warrants before any court of law, and file complaints before the Office of the Ombudsman, the Department of Justice, or city or provincial prosecutors.

The office can also take and require sworn statements from any summoned person or administer the oath of any person in relation to cases under investigation.

It may also make arrests and conduct searches and seizures, have access overall public records under the custody of any government branch, possess suitable and adequate firearms, request assistance from law enforcement agencies, and establish a Judiciary Marshals Academy.

Great day for PH justice system

Senator Richard Gordon, author of the measure in the Senate, said members of the judiciary could now breathe a sigh of relief following the creation of the Office of the Judicial Marshals (OJM).

He said it is "a great day for the Philippine justice system" as the law will enable members of the judiciary to become braver in resolving thousands of cases within courts.

"They shall not be swayed with the threat of lives against them. This law is in recognition of their efforts, risking their lives just to uphold what is right and just in accordance with the constitution and by-laws of our beloved land," he said in a statement.

Gordon said he is hoping to see the day where justice only favors the truth and not be swayed by outside forces.

"Without the truth, there is no reality, no democracy, and no freedom. Are we truly free if lies dominate our consciousness?" he said. 

Metropolitan Davao

Meanwhile, Duterte on April 13 signed RA 11708 or the “Metropolitan Davao Development Authority Act” to adopt a national dispersion through regional agglomeration to revitalize large cities and expand their physical areas for planning and their service areas for urban service delivery.

Duterte signed the law considering the rapid urbanization of Davao City and the increasing population of the cities of Panabo, Tagum, and the Island Garden City of Samal in Davao del Norte; the City of Digos in Davao del Sur; and the City of Mati in Davao Oriental.

He also acknowledged the “spatial, functional, and economic independence” of the cities with the municipalities of Sta. Cruz, Hagonoy, Padada, Malalag, and Sulop in Davao del Sur, Carmen in Davao del Norte, Maco in Davao de Oro, and Malita and Sta. Maria in Davao Occidental.

“There is hereby created a special body to be known as the Metropolitan Davao Development Authority, herein referred to as ‘MDDA,’” RA 11708 said.

The MDDA will be organized within 30 days after the approval of RA 11708, to coordinate and promote socioeconomic growth and sustainable development of Metropolitan Davao.

It will have jurisdiction over the cities of Davao, Panabo, Tagum, Island Garden in Samal, Digos, and Mati, as well as the municipalities of Sta. Cruz, Hagonoy, Padada, Malalag, Sulop, Carmen, Maco, Malita and Sta. Maria.

“The services of the MDDA are delivered across boundaries to multiple and often interdependent political entities whose activities impact each other significantly and entail huge expenditures such that it would not be viable for said services to be provided by the individual LGUs (local government units),” the law read.

The MDDA is designated to formulate plans aligned to the Davao Regional Development Plan, Philippine Development Plan 2017-2022 and succeeding national and regional development plans.

It is also tasked to set policies concerning traffic, waste management and public safety and security for Metropolitan Davao; prepare and implement metropolitan-wide programs and projects; review and recommend policies to the Metropolitan Davao Development Council; install and administer a single ticketing system; and prescribe and collect service and regulatory fees.

The copies of RAs 11691 and 11708 were made public on Wednesday. (with reports from Wilnard Bacelonia/PNA)

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