NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
ill
of \\)t €9i-frrUirs>
•22 JUL11 P6 47
SENATE
s. No. ..295
RECEIVED BV:
Introduced by Senator FRANCIS G. ESCUDERO
AN ACT
BANNING THE RE-APPOINTMENT OF A REGULAR MEMBER OF THE 
JUDICIAL AND BAR COUNCIL (3BC) WHO HAS ALREADY SERVED THE FULL
TERM
EXPLANATORY NOTE
The composition of the Judicial and Bar Council (JBC) is provided for under 
Section 8, Article VII1 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.
For the foregoing reasons, the approval of this bill is earnestly sought.
FRANCIS G. ESCUDERO


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NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
s. No. 295
of (Ilf ;5'',i P-ffftl-0
'22 JULll P6 48
RECEIVED BY;
Introduced by Senator FRANCIS G. ESCUDERO
AN ACT
BANNING THE RE-APPOINTMENT OF A REGULAR MEMBER OF THE 
JUDICIAL AND BAR COUNCIL (3BC) 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".
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 VII1 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 been appointed as such for a full or partial term of office shall not be 
eligible for any re-appointment.
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,