Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
1° Regular Session

HOUSE BILL NO. 138;

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 in 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.
Lem
L

FRANCIS GERALD AGUINALDQABAYA
Representative, First District, Cavite


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘SIXTEENTH CONGRESS
1* Regular Session

HOUSE BILL NO. Fat 38

Introduced by: HON. FRANCIS GERALD AGUINALDO ABAYA

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 of 2013”

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 VIII 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 sare position in

i \ Z

any capacity. th
SEC.S. 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

s of general circulation.

Approved,