FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bil No, 889

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE

The Judicial and Bar Council (JBC) of the Philippines is a Constitutional body whose
primary task is to recommend to the President possible appointees for vacancies that may come up
in the Supreme Court and other lower courts.

The Constitution further provides for the composition of the (JBC), According to Article
VIL, Section 8 (1), it shall be composed of the Chief Justice as ex officio Chairman; the Secretary
of Justice and a representative of the Congress as ex officio Members; a representative of the
Integrated Bas, a professor of law, a retired Member of the Supreme Court, and a representative of
the private sector. Paragraph 2 of the same section goes on to qualify the membership of the
aforementioned such that they would have to be appointed by the President, with the consent of the
Commission on Appointments, for differing tenures. In this regard, this bill desires to intervene.

This bill primarily seeks to ban reappointments in the Council as it is quite probable that in a
member's desire to be reinstated in the JBC, s/he would give in co the pressure induced by the
executive to nominate individuals based on political considerations insted of their actual merits.
This clearly undermines the independence and status of the judiciary as a whole
Moreover, reappointments limit the opportunities of other equally qualified lawyers and legal
ve in the Council and the chance for the Council to benefit from the talent of other
individuals and learn anew from that

experts to 8

As its vision-mission statement says, the Couneil envisions itself to be “. independent,
jent and a proactive sentinel of judicial service, guided only by the principles of integrity,
excellence and competence; unfettered by the shackles of friendship, relationship, or other
considerations, thus vesting the cloak of Magistracy on those who will best dispense justice for all”
If enacted, this bill would further enhance the independence of the JBC particularly in providing
equal opportunity to hold public office in the judiciary and thereby, promote better administration
of justice in the country.

In view of the foregoing, immediate approval of this bill is earnestly sought,

SUSAN{ Al
, Second District of Tarlac



FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Fetaat
House Bil No, _ 889

Introduced by Representative Susan A. Yap

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

SEC3. 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;

¢. Retired Member of the Supreme Court; and

4. Representative of the Private Sectors.

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 /ofally 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, ot
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,