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Republic of the Philippines i sve
HOUSE OF REPRESENTATIVES | RECEIVED
Quezon City

17" CONGRESS,
First Regular Session

HOUSE BILL NO, 3484 RECISTR \TON LAT

AAD UNOEX SERVIC}
ER VICE

Introduced by REP.

EVELINA G, ESCUDERO

EXPLANATORY NOTE

The composition of the Judicial and Bar Council (IBC) is provided for under Section 8,
Article VILL 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 VIL 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 Couneil 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 eamestly sought,

EVELINA G, ESCUDERO

ENTATIVES



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

17" CONGRESS
First Regular Session

HOUSE BILL NO. 3484

Introduced by REP. EVELINA G. E

UDERO

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. This Act shall be known as the “Judicia

ry Independence Enhancing Act”,

SEC. 2. It is hereby declared the policy of the State to enhance the independence of the
Judiciary by insulating it from political pressure.

SEC. 3. For purposes of this Act and pursuant to Article VII, §
Constitution, the r
the President fo
the following:

tion 8(2) of the
gular members of the Judicial and Bar Council (JBC), who shall be appointed by
1 term of four (4) years with the consent of the Commission on Appointments, are

(a) A representative of the Integrated Bar of the Philippines:
(b) A professor of law:

(c) A retired member of the Supreme Court; and

(d) A representative of the private sector.

SEC. 4. A regular member of the JBC who has served the full term of office shall be totally
disqualified from being reappointed to the same position in any capacity. The disqualification shall
also apply to any person who has been appointed and has served the unexpired portion of at least
two (2) years of the term of off of a regular member who ceased to become one by reason of
death, incapacity. or resignation.

SEC. 5. If any provision of this Act shall be declared unconstitutional, any other provision
not affected thereby shall remain in full force and eff

SEC, 6. All laws, decrees, orders, rules and regulations, or parts thereof inconsistent with
this Act are hereby repealed or amended accordingly

SEC. 7. This Act shall take effect fifteen (15) days afer its publication in the Official
Gazette or in a newspaper of general circulation.

Approved,