FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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) 
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SENATE 
'f) 1"1 r-' , 
S.No.~~,h 
Introduced by Senator FRANCIS G. ESCUDERO 
EXPLANATORY NOTE 
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The composition of the Judicial and Dar Council (JDC) is provided for 
under Section 8, Article VIll of the 1987 Constitution. The function of the JDC 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 
VlII 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 JDC 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 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.No. 236G 
. , , 
Introduced by Senator FRANCIS G. ESCUDERO 
AN ACT 
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BANNING THE RE-APPOINTMENT OF A REGULAR MEMBER OF THE 
JUDICIAL AND BAR COUNCIL (JBe) WHO HAS ALREADY SERVED THE 
FULLTERM 
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 
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Independence Enhancing Act". 
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SEC.2. Declaration of Policy. - It is hereby declared the policy of the State to 
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enhance the independence of the judiciary by insulating it from political 
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pressure. 
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SEC.3. Definition. - For purposes of this Act and pursuant to Section 8 (2), 
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Article VIII of the 1987 Constitution, the following are the regular members of 
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the Judicial and Bar Council, appointed by the President for a term of four years 
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with the consent of the Commission on Appointments: 
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a. Representative of the Integrated Bar of the Philippines; 
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b. Professor of Law; 
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c. Retired Member of the Supreme Court; and 
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d. Representative of the Private Sector. 
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SEC.4. Persons Covered - A regular member of the Judicial and Bar Council 
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who has completed the service of his/her term of office shall be totally 
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disqualified from being re-appointed to the same position in any capacity. 
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SEC.S. Separability Clause. - If any provision of this Act shall be declared 
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unconstitutional, any other provision not affected thereby shall remain in full 
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force and effect. 
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SEC.6. Repealing Clause. - All laws, decrees, orders, rules and regulations, 
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or parts thereof inconsistent with this Act are hereby repealed or amended 
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accordingly. 
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SEC.7. Effectivity. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
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Approved, 
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