Republic of the Philippines
HOUSE OF REPRESENTATIVES 3.0 JUL 2013

Quezon City pa

16" CONGRI
First Regular Session

2038

HOUSE BILL NO.

Introduced by REP. EVELINA G, ESCUDERO

EXPLANATORY NOTE

The composition of the Judicial and Bar Council (JBC) is provided for under
Section 8, Article VI11 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.

-
Sy

<—~ EVELINA G. ESCUDERO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRESS
First Regular Session

HOUSE BILL NO. 2038

Introduced by REP. EVELINA G. ESCUDERO

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. Short Title. This Act shall be known as the "Judiciary Independence
Enhancing Act".

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.

SEC.3. 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;

c. Retired Member of the Supreme Court; and

d. Representative of the Private Sector.

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 totally 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, or
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,