“You can count on us.”
This was the assurance given by Chief Justice Alexander G. Gesmundo to all judges and other judiciary members nationwide against any form of threat and harassment.
Earlier, the Supreme Court (SC) had warned that fine or imprisonment or both will be imposed on “those who continue to incite violence through social media and other means which endanger the lives of judges and their families.”
"The Court STERNLY WARNS those who continue to incite violence through social media and other means which endanger the lives of judges and their families, and that this SHALL LIKEWISE BE CONSIDERED A CONTEMPT OF THIS COURT and will be dealt with accordingly," the SC said in its Sept. 27 resolution.
Gesmundo’s assurance of protection to judges was aired in his speech on Thursday, Sept. 29, during the second day of the annual convention of the Metropolitan and City Trial Judges Association of the Philippines (METCJAP) in Boracay, Aklan.
“While it is our constitutional duty to supervise our lower courts, it is our moral duty to protect each of you and ensure that you are able to perform your duties free from any threat, harassment, undue influence, coercion, and, certainly, any form of violence,” Gesmundo told the judges.
In his speech, the SC’s public information office (PIO) said Chief Justice Gesmundo cited the High Court’s recent decision which stated that “an administrative charge against a judge shall and must be dismissed outright as long as a judicial remedy is available to a complainant.”
Gesmundo said “the ruling will ensure that such charges will be studied more thoroughly and adjudged while considering the environment and relational circumstances between the complainant and the judge, to verify if the complainant has shown a pattern of harassment and undue influence against the judge.”
He then urged the judges, judiciary workers, and court users “to change their mindset, attitude, and perspective as the judiciary adapts the Strategic Plan for Judicial Innovations 2022-2027.”
“Through digitalization and automation, we will be able to unleash our potential, upgrade our skills for more meaningful work; as we transform our processes, we are freed from the shackles of bureaucracy that limit our productivity, we are empowered to lead happier and healthier quality lives,” he said.
SC Associate Justice Ramon Paul L. Hernando also delivered an inspirational message during the convention, while Associate Justices Jose Midas P. Marquez and Maria Filomena D. Singh served as lecturers.
The PIO’s press briefer did not include the message of Justice Hernando nor the lectures of Justices Marquez and Singh.
The METCJAP’s convention is themed “Justice Revitalized: Dynamic Court Reforms in a Technology-Driven Judiciary.”
The Sept. 27 resolution the contained a stern warning was issued after the SC tackled the social media posts of Loraine Marie T. Badoy, former spokesperson of the National Taskforce to End Local Communist Armed Conflict, against Manila Regional Trial Court (RTC) Judge Marlo A. Magdoza-Malagar.
Last Sept. 21, Judge Malagar promulgated her ruling which denied the petition for proscription filed by the Department of Justice (DOJ) against the Communist Party of the Philippines (CPP) and its armed wing, the New People’s Army (NPA).
Judge Malagar’s declaration that the CPP and NPA are not terrorist organizations drew criticisms from the public, one of them the social media posts of Badoy.
In her Facbook post last Friday, Sept. 23, Badoy accused Judge Malagar of "lawyering" for the CPP-NPA.
"So if I kill this judge and I do so out of my political belief that all allies of the CPP NPA NDF (National Democratic Front) must be killed because there is no difference in my mind between a member of the CPP NPA NDF and their friends, then please be lenient with me," Badoy also stated in her Facebook post that was deleted last Saturday, Sept. 24.
The Philippine Judges Association (PJA) and the Integrated Bar of the Philippines (IBP) had condemned the social media attacks against Judge Malagar.
In its statement, the PJA said that the judiciary is the last bulwark of democracy and that “a judge is such bulwark personified set out to administer justice as best as he/she sees fit and proper in light of the evidence, law and jurisprudence before him/her.”
“The PJA upholds the rule of law and not the rule of men. We remind everyone that individuals, including judges, have protected constitutional rights, and personal attacks and threats against them and the judiciary should never be tolerated,” it said.
For its part, the IBP – the official organization of lawyers in the country – called for the immediate activation of the Judicial Marshall Service for the protection of judiciary members and personnel.
The Judiciary Marshals Act under Republic Act No. 11691 provides for the creation of an office which 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.”
The IBP lamented that “the Honorable Judge herself became the subject of online attacks and even threats in social media for her dismissal of the said petition, with one reportedly threatening her with bodily harm, while the rest accusing her of being an ally or friend of the CPP-NPA.”
“To threaten members of the Judiciary is to ‘sow fear’ at a ‘critical element’ of the legal system. Broadcasts and posts showcasing those who verbally assault judges encourages the public to do the same. If judges can be treated disdainfully without consequence, the Rule of Law becomes a hollow promise,” it said.
The Philippine National Police (PNP), on the other hand, assured it will continuously extend protection to all members of the judiciary and its personnel nationwide.