Judiciary Independence Enhancement Act

REPUBLIC OF THE PHILIPPINES 110 50 REELE Of ME FILE NEED First Regular Session J!.. 14 SENATE RECTOR: ------ S. No. - Introduced by Senator Francis G. Escudero AN ACT PROHIBITING THE REAPPOINTMENT OF REGULAR MEMBERS OF THE JUDICIAL AND BAR COUNCIL EXPLANATORY NOTE The composition of the Judicial and Bar Council (JBC) is provided for under

Section 8, Article VIII of the 1987 Constitution. Its function is to recommend to the

President appointees to the Judiciary, from which 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 VIII 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 legal experts to serve in the Council, limiting the number of 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 this bill is earnestly sought. FRANCIS G. ESCUDERO

- TWENTIETH CONGRESS OF THE ) Fire OF SEPH INES, First Regular Session iL 14 8950 SENATE S. No. _ Introduced by Senator Francis G. Escudero AN ACT PROHIBITING THE REAPPOINTMENT OF REGULAR MEMBERS OF THE JUDICIAL AND BAR COUNCIL Be it enacted by the Senate and House of Representatives of the Philippines in Congress assemble

Section 1. Short Title. - This Act shall be known as the " Judiciary Independence

Enhancement Act".

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. Composition of the Judicial and Bar Council. - For the purposes of this

Act and pursuant to Section 8 (2), Article VIII 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 (4) 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 been appointed as such for a full or partial term of office shall not be eligible for reappointment.

Sec. 5. Separability Clause. - If any provision or part hereof is held invalid or

unconstitutional, the remainder of the law or the provision or part not otherwise 3 affected shall remain valid and subsisting.

Sec. 6. Repealing Clause. - All laws, presidential decrees, executive orders,

5 rules and regulations, or parts thereof which are inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly.

Sec. 7. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or at least two (2) newspapers of general circulation. Approved,