SIXTEENTH CONGRESS
OF THE REPUBLIC OF THE PHILIPPINES
First Regular Session

HOUSE OF REPRESENTATIVES

House Bill No, 1637

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).
ording to Article VIII, Section 8 (1), it shall be composed of the Chief Justice as
officio Chairman; the Secretary of Justice and a representative of the Congress as
ex officio Members; a representative of the Integrated Bar, 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 to
the pressure induced by the executive to nominate individuals based on political
considerations instead 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 experts to serve in the Council and the chance for the Council to
benefit from the talent of other individuals and learn anew from that.

As its vision-mission statement says, the Council envisions itself to be
.. independent, efficient 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.

Representative, Second District Of Tarlac


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

HOUSE OF REPRESENTATIVES

House Bill No.__ 1637

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 Titk. - This Act shall be known as the "Judiciary
Independence Enhancing Act of 2013".

SECTION 2. Declaration of Poly. - 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 VIL 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 Appointment

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.

SECTION 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 totally
disqualified from being re-appointed to the same position in any capacity.

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 ate hereby repealed or

amended accordingly.

SECTION 7. Efeztinity. This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,