[ORIGINAL COPY]

Republic of the Philippine: erat aN dat
HOUSE OF REPRESENTATIVES "*™ SOJUN 20/5
Quezon City, Metro Mani

Tee Piz’ i
BY: KX. 4
SEVENTEENTH CONGRESS

1st Regular Session REeIsTRATION UNIT

House Bill No. 24 BILLS AND INDEX SERVICE

Introduced by Hon. Francis Gerald Aguinaldo Abaya

EXPLANATORY NOTE

‘As a separate and co-equal branch of government, the Philippine
Constitution recognizes the preeminent role of the judiciary in balancing our
democracy by providing Section 1, Article 8 to wit:

“The judicial power shall be vested in one Supreme Court and in such
lower courts as may be established by law. Judicial power includes the
duty of the courts of justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of any branch or instrumentality
of the Government.”

The judiciary, as the final interpreter of laws and 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 VIII 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 GERALD AGUIN: BAYA
Representative, First trict, Cavite


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

24

House Bill No.

Introduced by Hon. Francis Gerald Aguinaldo Abaya

AN ACT BANNING THE REAPPOINTMENT OF A REGULAR MEMBER OF THE
JUDICIAL AND BAR COUNCIL WHO HAS ALREADY SERVED THE FULL TERM

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

SECTION 1. Short Title. — This Act shall be known as the “Judiciary
Independence Enhancing Act”.

SECTION 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.

SECTION 3. Definition. - For purposes of this Act and pursuant to Section 8
(2), Article VIII, Section 8(2) of the 1987 Constitution, the regular members of the
Judicial and Bar Council (JBC), who shall be appointed by the President for a term of
four (4) years with the consent of the Commission on Appointments, are the
following:

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.

SECTION 4. Persons Covered. — 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 office of a regular member who ceased to become one by
reason of death, incapacity, or resignation.


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SECTION 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

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

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

Approved,