FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
lOSEI'14 fi'3:i\3 
SENATE 
S.No. 2521 
.' .', rECEIVED IV' 
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Introduced by Senator Miriam Defenso/Shntiago . 
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EXPLANATORY NOTE 
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 is a 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 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 the 
Constitution, Article 8, Section 8. 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. The regular 
members of the JBC as provided for under Article 8, Section 8 (2) 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, s~riously 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. 
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In the end, enhancing the independence of the me 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. 
During the Fourteenth Congress, the Senate approved this bill on third reading with 
amendments. However, until the end of the Fourteenth Congress, the bill remained pending 
before the House of Representatives. This bill was originally filed by President Benigno S. 
Aquino III 
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. MIRIAM DE 
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. 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
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SEF 14 P 3 :43 
Introduced by Senator Miriam Defensor Salitjago 
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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 "Judiciary Independence 
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Enhancing 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. Definition. - For purposes of this Act and pursuant to the Constitution, 
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Article 8, Section 8 (2), the following are the regular members of the Judicial and Bar Council 
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(JBC), appointed by the President for a term of four (4) years with the consent of the 
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Commission on Appointments: 
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a. Representative of the Integrated Bar of the Philippines; 
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b. Professor of Law; 
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c. Retired Member ofthe Supreme Court; and 
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d. Representative of the Private Sector. 
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SECTION 4. Persons Covered. - Any regular member of the JBC who has completed 
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the service of hislher term of office shall be totally disqualified from being re-appointed to the 
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same position in any capacity. 
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SECTION 5. Separability Clause. - If any provision of this Act shall be declared 
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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, 01' 
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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 its publication 
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in at least two (2) newspapers of general circulation. 
Approved, 
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