FOURTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
) . cruo 
v 
1 l . i  
First Regular Session 
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SENATE 
S.B. NO. _I_ 
Introduced by Senator Benign0 S. 
Aquino I11 
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 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 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 


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FOURTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S.B. No. 
Introduced by Senator Benign0 S. Aquino 111 
AN ACT 
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: 
BANNING THE RE-APPOINTMENT OF A REGULAR MEMBER OF THE 
SECTION 1. Short Title. This Act shall be known as the "Judiciary 
Independence Enhancing Act of 2007". 
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 
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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, 
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