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Judicial and Bar Council

 

Judicial and Bar Council

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

  • Composition 1
  • Current membership 2
    • Ex officio chairman 2.1
    • Ex officio members 2.2
    • Regular members 2.3
  • Function 3
  • Gallery 4
  • Members 5
    • Chief Justice 5.1
    • Secretaries of Justice 5.2
    • Representative from Congress 5.3
    • Retired member of the Supreme Court 5.4
    • Representative from the academe 5.5
    • Representative from the Integrated Bar 5.6
    • Representative from the private sector 5.7
  • Notes 6
  • See also 7
  • References 8
  • External links 9
  • See also 10

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,[1] while the Clerk of the Supreme Court shall serve as the ex officio secretary.[2]

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.[3] The following members shall be given the full four-year term.

In 2012, a petition at the Supreme Court questioned on who should occupy the seat allocated for Congress. Currently, there are two members of Congress in the council: the chairman of the House of Representatives Committee on Justice and the Chairman of the Senate Committee on Justice and Human Rights.[4] 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.[5]

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

Current membership

The members of the Judicial and Bar Council are:

Ex officio chairman

Ex officio members

Regular members

  • Ma. Milagros Fernan-Cayosa - Integrated Bar representative, a private practitioner
  • Jose Mejia - representative from the academe
  • Angelina Sandoval-Gutierrez - retired Associate Justice of the Supreme Court
  • Aurora Santiago-Lagman - representative from the private sector[6]

As a matter of tradition, the two (2) senior associate justices of the Supreme Court also take part in the JBC deliberations.

Function

The function of the Council is to recommend to the president of possible appointees to the Judiciary.[7]

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 not allowed anymore. 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.

Prior to the creation of the JBC, judges and justices were appointed by the president as per and the 1973 constitution, and with confirmation by the Commission on Appointments as per the 1935 constitution.

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.

Gallery

Members

The members of the JBC were:[8]

Chief Justice

JBC Ex Officio Chairpersons Position Start of Term End of Term
Claudio Teehankee Chief Justice 10 December 1987 12 April 1988
Pedro L. Yap Chief Justice 20 April 1988 29 June 1988
Marcelo B. Fernan Chief Justice 4 July 1988 5 December 1991
Andres R. Narvasa Chief Justice 8 December 1991 30 November 1998
Hilario G. Davide, Jr. Chief Justice 30 November 1998 19 December 2005
Artemio V. Panganiban Chief Justice 20 December 2005 6 December 2006
Reynato S. Puno Chief Justice 7 December 2006 17 May 2010
Renato C. Corona Chief Justice 17 May 2010 29 May 2012
Antonio T. Carpio Senior Associate Justice
Acting Chairperson
30 May 2012 16 July 2012
Diosdado M. Peralta Associate Justice
Acting Chairperson
16 July 2012 13 August 2012
Maria Lourdes P.A. Sereno Chief Justice 24 August 2012

Secretaries of Justice

Secretaries of Justice Start of Term End of Term
Sedfrey A. Ordoñez 10 December 1987 18 December 1989
Franklin M. Drilon 8 January 1990 2 July 1992
Silvestre H. Bello III 16 July 1991 3 February 1992
Eduardo G. Montenegro 17 February 1992 1 June 1992
Franklin M. Drilon 22 July 1992 14 December 1994
Demetrio G. Demetria 18 January 1995 17 March 1995
Teofisto T. Guingona, Jr. 24 May 1995 28 January 1998
Silvestre H. Bello III 18 February 1998 30 June 1998
Serafin R. Cuevas 1 July 1998 10 February 2000
Artemio G. Tuquero 11 February 2000 20 January 2001
Hernando B. Perez 23 January 2001 15 January 2003
Simeon A. Datumanong 22 January 2003 December 2003
Merceditas N. Gutierrez 28 January 2004 31 August 2004
Raul M. Gonzalez 1 September 2004 30 May 2009
Agnes VST Devanadera 8 June 2009 28 February 2010
Alberto C. Agra 1 March 2010 30 June 2010
Leila M. De Lima 1 July 2010

Representative from Congress

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, by their respective Chairman of the Committee on Justice.

Congress representative House Start of Term End of Term
Rogaciano M. Mercado House of Representatives 10 December 1987 23 February 1989
Wigberto E. Tañada Senate 2 March 1988 21 May 1990
Isidro C. Zarraga House of Representatives 31 July 1989 12 August 1992
Raul S. Roco Senate 30 September 1992 3 March 1993

By 1994, the two representatives from Congress began sitting simultaneously, each having one-half of a vote.

Congressman Start of Term End of Term
Pablo P. Garcia 26 August 1992 8 March 1995
Isidro C. Zarraga 28 June 1995 30 June 1998
Alfredo E. Abueg 31 July 1998 29 November 2000
Senator Start of Term End of Term
Alberto G. Romulo 14 April 1993 1 August 1995
Marcelo B. Fernan 2 August 1995 31 December 1996
Raul S. Roco 1 January 1997 30 July 1998
Renato L. Cayetano 31 July 1998 31 January 2000
Aquilino Q. Pimentel, Jr. 1 February 2000 29 November 2000
Miriam D. Santiago 10 January 2001 14 February 2001

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

Congressman Start of Term End of Term
Henry P. Lanot 14 December 2000 30 June 2001
Alan Peter S. Cayetano 8 August 2001 3 March 2003
Marcelino C. Libanan 4 March 2003 8 August 2003
Simeon A. Datumanong 9 August 2004 30 June 2007
Matias V. Defensor, Jr. 8 August 2007 30 June 2010
Niel C. Tupas, Jr. 29 July 2010 30 June 2013
Senator Start of Term End of Term
Renato L. Cayetano 16 May 2001 28 August 2001
Francis N.Pangilinan 29 August 2001 23 November 2008
Francis Joseph G. Escudero 24 November 2008 30 June 2013
On 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.
Congress representative House Start of Term End of Term
Aquilino Martin DL. Pimentel III Senate 23 July 2013 31 December 2013
Niel C. Tupas, Jr. House of Representatives 1 January 2014 30 June 2014
Aquilino Martin DL. Pimentel III Senate 1 July 2014 31 December 2014
Niel C. Tupas, Jr. House of Representatives 1 January 2015 30 June 2015

Retired member of the Supreme Court

Retired Supreme Court member representative Start of Term End of Term
Nestor B. Alampay 10 December 1987 10 December 1989
Lorenzo R. Relova 8 January 1990 9 July 1993
Jose C. Campos, Jr. 22 September 1993 9 July 1997
Regino C. Hermosisima, Jr. 24 November 1997 9 July 2013
Angelina Sandoval Gutierrez 8 October 2014 9 July 2017

Representative from the academe

Academe representative Start of Term End of Term
Rodolfo C. Palma 10 December 1987 9 July 1994
Cezar C. Peralejo 8 February 1995 9 July 1998
Alfredo M. Marigomen 21 July 1998 9 July 2002
Amado L. Dimayuga 9 July 2003 9 July 2010
Jose V. Mejia 28 April 2011 9 July 2018

Representative from the Integrated Bar

Integrated Bar representative Start of Term End of Term
Leon M. Garcia, Jr. 17 June 1988 9 July 1991
Presbitero J. Velasco, Jr. 7 January 1993 22 March 1995
Francisco B. Santiago 1 August 1995 8 July 1996
Amado L. Dimayuga 8 July 1997 9 July 2003
Conrado P. Castro 9 July 2003 17 March 2011
Maria Milagros N. Fernan-Cayosa 2 May 2011 9 July 2015

Representative from the private sector

Private sector representative Start of Term End of Term
Ofelia C. Santos 10 December 1987 9 July 1992
Teresita Cruz Sison 30 September 1992 9 July 2004
Raoul V. Victorino 12 July 2005 9 July 2008
Aurora Santiago Lagman 13 October 2008 9 July 2016

Notes

  1. ^ 1987 Constitution, Article VIII, Section 8, Paragraph 1
  2. ^ 1987 Constitution, Article VIII, Section 8, Paragraph 3
  3. ^ 1987 Constitution, Article VIII, Section 8, Paragraph 2
  4. ^
  5. ^
  6. ^ newsinfo.inquirer.net, CA justice named to body that screens judicial appointees
  7. ^ 1987 Constitution, Article VIII, Section 8, Paragraph 5
  8. ^

See also

References

  • Chan Robles Virtual Law Library: Article 8

External links

  • Official website of the Judicial and Bar Council
  • Official Gazette of The Philippines JBC Brifer

See also

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