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Judicial and Bar Council

Sangguniang Panghukuman at Pang-abogasya
JBC seal
Abbreviation	JBC
Purpose	Recommending appointees to the Judiciary
Location	Padre Faura Street, Ermita, Manila
Membership	7 Presidential appointment upon approval of the Commission on Appointments (regular members and Secretary of Justice) Presidential appointment from nominees of the Judicial and Bar Council (Chief Justice) Nomination by each house of Congress (Member from Congress)
Chairperson	Alexander Gesmundo
Parent organization	Supreme Court of the Philippines
Website	jbc.judiciary.gov.ph

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The Judicial and Bar Council (JBC; Filipino: Sangguniang Panghukuman at Pang-abogasya) of the Philippines is a constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court, other lower courts, and the Legal Education Board, and in the offices of the Ombudsman, Deputy Ombudsman and the Special Prosecutor.

History

The Supreme Court and other lower courts in the Philippines were established upon the basis of Act No .136 of 1901 of the Philippine Commission. This succeeded the Real Audiencas and lower courts during the Spanish era. At this time, the Supreme Court was appointed by the Philippine Commission. With the approval of the Jones Law in 1916, the justices of the Supreme Court were appointed by the President of the United States, with advice and consent of the United States Senate. Judges of lower courts were then appointed by the Governor-General.

Upon the ratification of the 1935 constitution, all justices and judges are appointed by the President of the Philippines with consent of the 21-member Commission on Appointments of the National Assembly of the Philippines. Upon the reestablishment of bicameralism, the Commission on Appointments then had equal number of members (12) from the House of Representatives and Senate. This became the setup until the approval of the 1973 constitution, where the president had the sole power of appointment, with no check and balance from the Batasang Pambansa. With the approval of the 1987 constitution, the Judicial and Bar Council was created to provide a shortlist of nominees on which the president can appoint from.

Composition

The Council is composed of a representative of the Integrated Bar, a professor of law, a retired member of the Supreme Court, and a representative of the private sector. They are the "regular" members, as opposed to the Secretary of Justice and a representative of Congress who are the ex officio members. The Chief Justice of the Supreme Court is the ex officio chairman, while the Clerk of the Supreme Court shall serve as the ex officio secretary.

The regular members would be nominated by the President with the consent of the Commission on Appointments for a term of four years. However, since the terms will be staggered, the first set of members would a different lengths of service: the representative of the Integrated Bar shall serve for four years, the professor of law for three years, the retired Justice for two years, and the representative of the private sector for one year. The succeeding members shall then be given the full four-year term.

The Chief Justice is appointed by the president from the shortlist submitted by the JBC. The Secretary of Justice, as a member of the Cabinet, is appointed by the president with advice and consent of the Commission on Appointments. The member of Congress is elected by the chamber where the member came from.

The regular members were allowed to be reappointed without limit. The Secretary of Justice serves at the pleasure of the president, while the representative of Congress serves until they are recalled by their chamber, or until the term of Congress that named them expires. Finally, the Chief Justice serves until mandatory retirement at the age of 70. The regular members' terms start at July 9.

In 2012, a petition at the Supreme Court questioned on who should occupy the seat allocated for Congress. By then, there are two members of Congress in the council, with both having voting rights: the chairman of the House of Representatives Committee on Justice and the Chairman of the Senate Committee on Justice and Human Rights. The Supreme Court ruled in 2013 that there should only be one member of the JBC from Congress; the court left to Congress whom among the two would be its representative to the JBC.

The council is the only government body that has members from all three branches of the government, excluding ad hoc and advisory bodies.

Function

The function of the Council is to recommend to the representatives of possible appointees to the Judiciary.

The president shall choose from among those nominated, before the president may ask the Council to nominate somebody else and add it to the list, but this is not allowed anymore. In 2009, President Gloria Macapagal Arroyo asked the council to add more nominees on two Supreme Court vacancies. The council rejected the request. Arroyo then appointed someone from the list.

The person then chosen by the president then becomes a member of the Judiciary, and is not anymore reviewed by the Commission on Appointments. This is to prevent politicking and horse-trading among political parties.

Former Chief Justice Artemio Panganiban said that the Council's principal objective is to attract the best and brightest to the judiciary and to make them remain there.

Offices shortlisted

• Justices of the Supreme Court
• Justices of the Court of Appeals
• Justices of the Sandiganbayan
• Justices of the Court of Tax Appeals
• Officials in the Office of the Ombudsman
• Members of the Legal Education Board
• Judges in the Regional Trial Courts and all lower courts

Membership

The members of the Judicial and Bar Council are:

1. ^ Under the current arrangement, the congressman sits from January to June, while the senator sits from July to December. Only one representative is to sit at any time.

• Ex officio secretary: Atty. Marife M. Lomibao- Cuevas, as Clerk of the Supreme Court en banc, since March 26, 2021
• JBC Consultant: Hon. Raul Bautista Villanueva, as Supreme Court Administrator

As a matter of tradition, the two most senior associate justices of the Supreme Court also take part in the JBC deliberations, but do not vote:

• Marvic Leonen (Senior Associate Justice)
• Alfredo Benjamin Caguioa (Associate Justice)

Former members

The members of the JBC were:

Chief Justice

The Chief Justice became a member starting on December 10, 1987.

Secretaries of Justice

The Secretary of Justice became a member starting on December 10, 1987.

Representative from Congress

Congress is a bicameral legislature. The representative from Congress is either Chairman of the Senate Committee on Justice and Human Rights, or the House Committee on Justice.

One representative

Since the creation of the JBC in 1987 until 1994, the representation for Congress in the body alternated between the House of Representatives and the Senate.

Two representatives, half a vote each

By 1993, the two representatives from Congress began sitting simultaneously, each having one-half of a vote.

Two representatives, one vote each

On May 30, 2001, the JBC En Banc decided to grant the representatives from both Houses of Congress one full vote each.

One representative

In 2013, the eight-member composition of the JBC was questioned at the Supreme Court. The Supreme Court restored the composition of the JBC to seven. It was arranged that the representative of the House of Representatives sits from January to June, while the representative of the Senate sits from July to December.

Regular members

Notes:

a. Resigned

b. Died in office

References

1. "Mga Pangalan ng Tanggapan ng Pamahalaan sa Filipino" (PDF). Komisyon sa Wikang Filipino (in Filipino). 2013. Archived (PDF) from the original on March 29, 2017. Retrieved March 27, 2018.
2. 1987 Constitution, Article VIII, Section 8, Paragraph 1
3. 1987 Constitution, Article VIII, Section 8, Paragraph 3
4. 1987 Constitution, Article VIII, Section 8, Paragraph 2
5. "SC asks JBC to comment on Chavez petition". GMANews.tv. July 3, 2012. Retrieved April 17, 2013.
6. Punay, Edu (July 3, 2012). "Only one member from Congress in JBC, SC affirms". Philippine Star. Retrieved April 17, 2013.
7. 1987 Constitution, Article VIII, Section 8, Paragraph 5
8. Sy, Marvin; Punay, Edu (August 4, 2009). "JBC rejects Palace demand for more nominees to Supreme Court". philstar.com. Retrieved August 4, 2020.
9. Sy, Marvin. "Malacañang bows to JBC, will review Supreme Court shortlist". philstar.com. Retrieved August 4, 2020.
10. Mondares, Claire Bernadette (July 23, 2023). "Retired tax court justice sworn in as JBC member". The Manila Times. Retrieved August 14, 2023.
11. Canlas, Jomar (August 3, 2022). "Marcos appoints former lawyer to JBC". The Manila Times. Retrieved August 12, 2022.
12. Bordey, Hana (September 22, 2021). "CA nods ex-SC Justice Mendoza's reappointment as JBC member". GMA News Online. Retrieved August 23, 2024.
13. "Atty. Jose V. Mejia takes oath as member of SC's Judicial and Bar Council". GMA Integrated News. July 20, 2024. Retrieved July 20, 2024.
14. "JBC CHAIRPERSONS, EX OFFICIO AND REGULAR MEMBERS, EX OFFICIO SECRETARIES AND CONSULTANTS". Supreme Court of the Philippines. Archived from the original on July 28, 2012. Retrieved August 25, 2012.
15. Torres-Tupas, Tetch (January 17, 2017). "SC to JBC: Answer petition on seat for solons at meetings". INQUIRER.net. Retrieved January 21, 2017.
16. Clapano, Jose Rodel. "JBC member killed in traffic mishap". Philstar.com. Retrieved July 15, 2023.

See also

• Judicial nominating commission
• Professional Regulation Commission

References

• Chan Robles Virtual Law Library: Article 8
• Atty. Rita Linda V. Jimeno. "Attracting the best and the brightest". Retrieved August 8, 2006.

External links

• Media related to Judicial and Bar Council (Philippines) at Wikimedia Commons
• Official website of the Judicial and Bar Council
• Official Gazette of The Philippines JBC Brifer

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