SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENATE 
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'S. B.No. 
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Introduced by Senator FRANCIS G. ESCUPERO 
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 VlII 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 ~nsights. 
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. 
FRANCIS G. ESCUDERO 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENATE 
S.B.No.4a4 
Introduced by Senator FRANCIS G. ESCUDERO 
AN ACT 
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JUL -4 A B :fJ9 
BANNING THE RE-APPOINTMENT OF A REGULAR MEMBER OF THE 
JUDICIAL AND BAR COUNCIL (JBC) WHO HAS ALREADY SERVED THE FULL 
TERM 
Be i~ enacted by the Senate and the House of Representatives of the Philippines in 
Congress asJembled: 
SECTION 1. Short Title. This Act shall be known as the "Judiciary Independence 
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Enhancing Act". 
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SEC.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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SEC.3. Definition. - For purposes of this Act and pursuant to Section 8 (2), Article 
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VIll of the 1987 Constitution, the following are the regular members of the Judicial and 
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Bar Council, appointed by the President for a term of four 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 of the Supreme Court; and 
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d. Representative of the Private Sector. 
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SEC.4. Persons Covered - A regular member of the Judicial and Bar Council who 
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has completed the service of his/her term of office shall be totally disqualified from 
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being re-appointed to the same position in any capacity. 
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SEC.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 
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effect. 
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SEC.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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SEC.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. 
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Approved, 
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