SIXTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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I 
First Regular Session 
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131"J!)L-8 All:59 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
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Recent history. has proven to us that the judiciary is truly the. last bulwark Of 
constitutional rights and liberties.' In a fledgling democracy like ours, the judiciary isa beacon of 
light when darkness looms and our right as a people is violated by the high and the mighty .. The 
judiciary as an interpreter of laws and in some. cases, the arbiter betw~en the branches 6f our 
govermnent should be peopled with men and women of integrity, independence, loyalty to. our 
Constitution and above all efficient public servants whose moralify and integrity are beyond 
reproach and should not be beholden to any powers that be in order for them to perform their 
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functions with zeal and excellence. 
The composition of the Judicial and Bar Council (JBC) is provided for under .the 
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Constitution, Article 8, Section 8. The function oftheJBC isto recommep,d to the President 
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appointees to the Judiciary and from among the nominees, the President appoints judges and 
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justices without need for confirmation by the. Commission on Appointments. The regular 
members, of the JBC as provided for under Article 8, Section.S (2) are also appojnted by the 
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President .. 
This bill seek~ to ban reappointments to the JB'C in order to avoid the,pos~ibilfty of .' 
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instance~ where its m~mbers,' in their desire' to be reappoint~d to.· theCouncil;~~ccurhb to 
pressure.from the e~ecutive to nominate individuals based on p~litical consideration~instead of. . 
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their actual. merits and qualifications, seriously unde~ining,thequalityof j~dicialappointrne~ts 
and the independence of the judiciary as a whole. 
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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.l 
1 This bill was originally filed by President Benigno S. Aquino III. 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. 
581 
Introduced by Senator Miriam Defensor Santiago 
13. JJL -8. All 59, 
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AN ACT 
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BANNING THE RE-APPOINTMENT OF A REGULAR MEMBER OF THE 
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JUDICIAL AND BAR COUNCIL WHO HAS ALREADY SERVED THE FULL TERM 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. - This Act shall be known as the "JBC Independence Act". 
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SECTION 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 pressure. 
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SECTION 3. pefinition. - For purposes of this Act and pursuant to the Constitution, 
Article 8, Section 8 (2), the following are the regular members of the Judicial and rar Council 
(JBC), appointed by the President for a term of four (4) years with the co~sent 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. 
SECTION 4. Persons Covered. - Any regular member of the JBC who has completed 
the service of hislher term of office shall be totally disqualified from being. re-appointed to the 
same position in any capacity. 
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SECTION 5. Separability Clause. - If any provision or part hereof is declared invalid.or 
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unconstitutional, any other provision not affected thereby shall remain in full force and effect. 
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SECTION 6. Repealing Clause. - All laws, decrees, orders, rules and regulations, or . 
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parts thereof inconsistent with this Act are hereby repealed or amended accordingly. 
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SECTION 7. Effectivity. - This Act shall take effect fifteen (15) days after its1publication 
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in at least two (2) newspapers of general circulation. 
Approved, 
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