the judicial and bar council of the philippines is a constitutionally
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8/11/2019 The Judicial and Bar Council of the Philippines is a Constitutionally
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The Judicial and Bar Council of the Philippines is a constitutionally-created body that
recommends appointees for vacancies that may arise in the composition of the Supreme Court
and other lower courts.
The JBC members in the Chief Justice of the Supreme Court of the Philippines Panel Interview
Contents
• 1 Composition
• Current membership
o .1 Ex officio chairman
o . Ex officio members
o .! "e#ular members
• ! $unction
• % &allery
• ' (embers
o '.1 Chief Justice
o '. Secretaries of Justice
o '.! "epresentative from the Senate
o '.% "epresentative from the )ouse of "epresentatives
o '.' "etired member of the Supreme Court
o '.* "epresentative from the academe
o '.+ "epresentative from the Inte#rated Bar
o '., "epresentative from the private sector
• * otes
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• + See also
• , "eferences
• /0ternal lins
• 12 See also
Composition
The Council is composed of a representative of the Inte#rated Bar 3 a professor of law3 a retired
member of the Supreme Court3 and a representative of the private sector . They are the 4re#ular4
members3 as opposed to the Secretary of Justice and a representative of Con#ress who are the exofficio members. The Chief Justice of the Supreme Court is the ex officio chairman3516 while the
Cler of the Supreme Court shall serve as the ex officio secretary.56
The re#ular members would be nominated by the President with the consent of the Commission
on 7ppointments for a term of four years. )owever3 since the terms will be sta##ered3 the firstset of members would a different len#ths of service8 the representative of the Inte#rated Bar shall
serve for four years3 the professor of law for three years3 the retired Justice for two years3 and the
representative of the private sector for one year.5!6 The followin# members shall be #iven the fullfour-year term.
In 213 a petition at the Supreme Court 9uestioned on who should occupy the seat allocated for
Con#ress. Currently3 there are two members of Con#ress in the council8 the chairman of the
)ouse of "epresentatives Committee on Justice and the Chairman of the Senate Committee onJustice and )uman "i#hts.5%6 The Supreme Court ruled in 21! that there should only be one
member of the JBC from Con#ress: the court left to Con#ress whom amon# the two would be its
representative to the JBC.5'6
The council is the only #overnment body that has members from all three branches of the#overnment3 e0cludin# ad hoc and advisory bodies.
Current membership
The members of the Judicial and Bar Council are8
Ex officio chairman
• (aria ;ourdes Sereno3 Chief Justice of the Supreme Court
Ex officio members
• ;eila de ;ima - Secretary of Justice
• $rancis /scudero - incumbent Senator and Chairman3 Senate Committee on Justice and
)uman "i#hts
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• iel Tupas3 Jr. - incumbent Con#ressman and Chairman3 )ouse Committee on Justice
Regular members
• (a. (ila#ros $ernan-Cayosa - Inte#rated Bar representative3 a private practitioner
• Jose (e<ia - representative from the academe
• "e#ino C. )ermosisima3 Jr. - retired 7ssociate Justice of the Supreme Court
• 7urora Santia#o-;a#man - representative from the private sector 5*6
7s a matter of tradition3 the two => senior associate <ustices of the Supreme Court also tae part
in the JBC deliberations.
Function
The function of the Council is to recommend to the president of possible appointees to theJudiciary.5+6
The president shall choose from amon# those nominated3 before the president may as the
Council to nominate somebody else and add it to the list3 but this not allowed anymore. The person then chosen by the president then becomes a member of the Judiciary3 and is not anymore
reviewed by the Commission on 7ppointments. This is to prevent politicin# and horse-tradin#
amon# political parties.
Prior to the creation of the JBC3 <ud#es and <ustices were appointed by the president as per andthe 1+! constitution3 and with confirmation by the Commission on 7ppointments as per the
1!' constitution.
$ormer Chief Justice 7rtemio Pan#aniban said that the Council?s principal ob<ective is to attractthe best and bri#htest to the <udiciary and to mae them remain there.
Gallery
•
Judicial and Bar Council office
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•
;o#o of the Supreme Court
•
JBC buildin#
•
/ntrance to the JBC offices
Members
The members of the JBC were85,6
Chief Justice
(ain article8 Chief Justice of the Supreme Court of the Philippines
Secretaries of Justice
• Sedfrey &on@ale@ =Aecember 123 1,+ to Aecember 1,3 1,>
• $ranlin Arilon =January ,3 12 to July 3 1>
• Silvestre Bello =July 1*3 11 to $ebruary !3 1>
• /duardo (ontene#ro =$ebruary 1+3 1 to June 13 1>
• $ranlin Arilon =July 3 1 to Aecember 1%3 1%>
• Aemetrio Aemetria =January 1,3 1' to (arch 1+3 1'>
• Teofisto &uin#ona3 Jr. =(ay %3 1' to January ,3 1,>
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• Silvestre Bello =$ebruary 1,3 1, to June !23 1,>
• Serafin Cuevas =July 13 1, to $ebruary 123 222>
• 7rtemio Tu9uero =$ebruary 113 222 to January 23 221>
• )ernando Pere@ =January !3 221 to January 1'3 22!>
• Simeon Aatumanon# =January 3 22! to Aecember 22!>
• (erceditas &utierre@ =January ,3 22% to 7u#ust !13 22%>
• "aul &on@ale@ =September 13 22% to (ay !23 22>
• 7#nes Aevanadera =June ,3 22 to $ebruary ,3 212>
• 7lberto 7#ra =(arch 13 212 to June !23 212>
• ;eila de ;ima =July 13 212 to present>
Representative from the Senate
rdinarily the Chairman of the Committee on Justice.
• i#berto TaDada =(arch 3 1,, to (ay 13 12>
• "aul "oco =September !23 1 to (arch !3 1!>
• 7lberto "omulo =7pril 1%3 1! to 7u#ust 13 1'>
• (arcelo $ernan =7u#ust 3 1' to Aecember !13 1*>
• "aul "oco =January 13 1+ to July !23 1,>
• "enato Cayetano =July !13 1, to January !13 222>
• (iriam Aefensor Santia#o =January 23 221 to $ebruary 1%3 221>
• "enato Cayetano =(ay 1*3 221 to 7u#ust ,3 221>
• $rancis Pan#ilinan =7u#ust 3 221 to ovember !3 22,>
• $rancis /scudero =ovember %3 22, to 21!>
• 79uilino Pimentel III =July 21! to present>
Representative from the House of Representatives
rdinarily the Chairman of the Committee on Justice.
• "o#aciano (ercado =Aecember 123 1,+ to $ebruary !3 1,>
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• Isidro Earra#a =July !13 1, to 7u#ust 13 1>
• Pablo P. &arcia =7u#ust *3 1 to (arch ,3 1'>
• Isidro Earra#a =June ,3 1' to June !23 1,>
• 7lfredo 7bue# =July !13 1, to ovember 3 222>
• )enry ;anot =Aecember 1%3 222 to June !23 221>
• 7lan Peter Cayetano =7u#ust ,3 221 to (arch !3 22!>
• (arcelino ;ibanan =(arch %3 22! to 7u#ust ,3 22!>
• Simeon Aatumanon# =7u#ust 3 22% to June !23 22+>
• (atias Aefensor3 Jr. =7u#ust ,3 22+ to June !23 212>
• iel Tupas3 Jr. =July 3 212 to present>
Retired member of the Supreme Court
• estor 7lampay =Aecember 123 1,+ to Aecember 123 1,>
• ;oren@o "elova =January ,3 12 to July 3 1!>
• Jose Campos3 Jr. =September 3 1! to July 3 1+>
• "e#ino )ermosisima3 Jr. =ovember %3 1+ to present>
Representative from the academe
• "odolfo Palma =Aecember 123 1,+ to July 3 1%>
• Ce@ar Perale<o =$ebruary ,3 1' to July 3 1,>
• 7lfredo (ari#omen =July 13 1, to July 3 22>
• 7mado Aimayu#a =July 3 22! to July 3 212>
• Jose (ei<a =7pril ,3 211 to present>
Representative from the Integrated Bar
• ;eon &arcia3 Jr. =June 1+3 1,, to July 3 11>
• Presbitero Felasco3 Jr. =January +3 1! to (arch 3 1'>
• $rancisco B. Santia#o =7u#ust 13 1' to July ,3 22!>
• Conrado Castro =July 3 22! ro July 3 211>
• (aria (ila#ros olasco $ernan-Cayosa =(ay 3 211 to present>
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Representative from the private sector
• felia Santos =Aecember 123 1,+ to July 3 1>
• Teresita Cru@ Sison =Aecember 123 1 to July 3 22%>
•
"aoul Fictorino =July 13 22' to July 3 22,>
• 7urora ;a#man =ctober ,3 22, to present>
otes
1. 1,+ Constitution3 7rticle FIII3 Section ,3 Para#raph 1
. 1,+ Constitution3 7rticle FIII3 Section ,3 Para#raph !
!. 1,+ Constitution3 7rticle FIII3 Section ,3 Para#raph
%. 4SC ass JBC to comment on Chave@ petition4. GMANews.tv. 21-2+-2!.
"etrieved 21!-2%-1+.
'. Punay3 /du =21-2+-2!>. 4nly one member from Con#ress in JBC3 SC affirms4. Philippine Star . "etrieved 21!-2%-1+.
*. newsinfo.in9uirer.net3 C7 <ustice named to body that screens <udicial appointees
+. 1,+ Constitution3 7rticle FIII3 Section ,3 Para#raph '
,. 4JBC C)7I"P/"SS3 /G $$ICI 7A "/&H;7" (/(B/"S3 /G
$$ICI S/C"/T7"I/S 7A CSH;T7TS4. Supreme Court of the Philippines.
"etrieved 21-2,-'.
See also
• Judicial nominatin# commission
References
• Chan "obles Firtual ;aw ;ibrary8 7rticle ,
• 7tty. "ita ;inda F. Jimeno. 47ttractin# the best and the bri#htest4. "etrieved 22*-2,-2,.
!"ternal lin#s
• fficial website of the Judicial and Bar Council
• fficial &a@ette of The Philippines JBC Brifer
See also
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• Supreme Court of the Philippines
• Chief Justice of the Supreme Court of the Philippines
• 7ssociate Justice of the Supreme Court of the Philippines
• Constitution of the Philippines
(7I;7Sen. 79uilino Pimentel III is open to dilutin# the power of a Judicial and Bar
Council member to effectively veto the inclusion of a nominee on the short list of candidates forcourt positions3 and believes no sin#le member should be #iven this capability.
Instead3 Pimentel said that if a JBC member has 9uestions about the inte#rity of a nominee3 a
#reater ma<ority vote could be re9uired for his or her inclusion on the list of nominees to besubmitted to the President.
Pimentel3 a member of the JBC3 made the statements followin# the Supreme Courts order to
include then Solicitor &eneral $rancis Jardele@as name on the final list of nominees from which
President 79uino subse9uently piced out the name of Jardele@a to fill the vacancy in theSupreme Court3 and to review and adopt rules relevant to the observance of due process in its
proceedin#s.
The court issued the order upon a petition of Jardele@a3 who protested bein# left off the list after
Chief Justice (a. ;ourdes Sereno raised an inte#rity issue a#ainst him. Sereno invoed a JBCrule statin# that in cases where 9uestions are raised about the inte#rity of an otherwise 9ualified
nominee3 the affirmative vote of all council members must be obtained for his nomination to be
favorably considered.
This means that if a JBC member raises the inte#rity 9uestion3 it effectively #ives the member
the power to veto a nominees inclusion on the list.
Jardele@a had contended that he was not accorded due process since he was not informed about
the nature and basis of the accusations3 which were not raised durin# the JBCs public interview
of the nominees.
7fter the Supreme Court #ranted Jardele@as plea and ordered his inclusion on the list3 President
79uino appointed him associate <ustice.
Pimentel said that even before3 he had been studyin# the particular rule that serves as a veto and
had ased his staff to review it.
K(aybe we are wieldin# too much power3L he said in a recent interview.
7ccordin# to him3 he was considerin# a compromise under which a nominee a#ainst whom
inte#rity issues are raised would need to #et the vote of the ma<ority3 or even a #reater number of
votes of council members for inclusion on the list.
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"e9uirin# the #reater ma<ority vote would mean the nominee would have to #et two-thirds or
three-fourths of the vote of JBC members.
KIts o with me to increase the ma<ority3 the threshold vote re9uired for a nominee3L he said.KFeto power is too powerful.L
The JBC is a constitutional body tased with scrtuini@in# nominees to vacancies in the <udiciary
and recommendin# potential appointees to the President.