Republic of the Philippines
HOUSE OF REPRESENTATIVES
CONGRESS OF THE PHILIPPINES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

g
House Bill No.__

Introduced by Honorable REYNALDO V. UMALI

EXPLANATORY NOTE

Recent history has proven to us that the judiciary is truly the last bulwark of
constitutional rights and liberties. In a fledgling democracy like ours, the judiciary is a beacon
of light when darkness looms and our right as a people is violated by the high and the mighty.
The judiciary as an interpreter of laws and in some cases, the arbiter between the branches of
our government should be peopled with men and women of integrity, independence, loyalty to
‘our Constitution and above all efficient public servants whose morality and integrity are
beyond reproach and should not be beholden to any powers that be in order for them to
perform their functions with zeal and excellence.

The composition of the Judicial and Bar Council (JBC) is provided for under Section 8,
Article VI11 of the 1987 Constitution. The function of the JBC is to recommend to the
President appointees to the Judiciary and from among the nominees, the President appoints
judges and justices without need for confirmation by the Commission on Appointments. Note
should also be taken that the regular members of the JBC as provided for under Section 8 (2),
Article VIII are also appointed by the President.

This bill seeks to ban reappointments to the JBC in order to avoid the possibility of
instances where its members, in their desire to be reappointed to the Council, succumb to
pressure from the executive to
nominate individuals based on political considerations instead of their actual merits and
qualifications, seriously undermining the quality of judicial appointments and the
independence of the judiciary as a whole.

Moreover, reappointments to the JBC may also result in a loss of opportunity for other
lawyers and legal experts to serve in the council, limiting the number of potentially talented
individuals who might inform and enlighten the Council with their views and insights.

In the end, enhancing the independence of the JBC by avoiding political considerations
and providing equal access and opportunity to public office will ‘strengthen the independence
of our judiciary, ultimately promoting the fair administration of justice in this country.

In view thereof, early consideration and approval of this bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
CONGRESS OF THE PHILIPPINES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

GA?
House Bill No. 947

Introduced by Honorable REYNALDO V. UMALI

AN ACT
BANNING THE RE-APPOINTMENT OF A REGULAR MEMBER OF THE
JUDICIAL AND BAR COUNCIL (JBC) WHO HAS ALREADY SERVED THE FULL TERM

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. - This Act shall be known as the "Judiciary Independence

Enhancing Act of 2010".

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to enhance the

independence of the judiciary by insulating it from political pressure.

SEC. 3. Definition. - For purposes of this Act and pursuant to Section 8 (2), Article VI11 of
the 1987 Constitution, the following are the regular members of the Judicial and Bar
Council, appointed by the President for a term of four years with the consent of the

Commission on Appointments:

a) Representative of the Integrated Bar of the Philippines;
b) Professor of Law;
c) Retired Member of the Supreme Court; and

d) Representative of the Private Sector.


SEC. 4. Persons Covered. - A regular member of the Judicial and Bar Council who has
completed the service of his/her term of office shall be totally disqualified from being re-

appointed to the same position in any capacity.

SEC. 5. Separability Clause. - If any provision of this Act shall be declared unconstitutional,

any other provision not affected thereby shall remain in full force and effect.

SEC. 6. Repealing Clause. - All laws, decrees, orders, rules and regulations, or parts thereof

inconsistent with this Act are hereby repealed or amended accordingly.

SEC.7. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at least

two (2) newspapers of general circulation.

Approved,