Judicial and Bar Council

















Judicial and Bar Council
Sangguniang Panghukuman at Pang-abogasya

Judicial and Bar Council of the Philippines (JBC).svg
JBC seal

AbbreviationJBC
PurposeRecommending appointees to the Judiciary
Location

  • Padre Faura Street, Ermita, Manila
Membership

  • 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
Lucas Bersamin
Parent organization
Supreme Court of the Philippines
Websitejbc.judiciary.gov.ph


The JBC members in the Chief Justice of the Supreme Court of the Philippines Panel Interview


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.




Contents





  • 1 Composition


  • 2 Current membership

    • 2.1 Ex officio chairman


    • 2.2 Ex officio members


    • 2.3 Regular members



  • 3 Function


  • 4 Gallery


  • 5 Members

    • 5.1 Chief Justice


    • 5.2 Secretaries of Justice


    • 5.3 Representative from Congress

      • 5.3.1 One representative


      • 5.3.2 Two representatives, half a vote each


      • 5.3.3 Two representatives, one vote each


      • 5.3.4 One representative



    • 5.4 Retired member of the Supreme Court


    • 5.5 Representative from the academe


    • 5.6 Representative from the Integrated Bar


    • 5.7 Representative from the private sector



  • 6 Notes


  • 7 See also


  • 8 References


  • 9 External links


  • 10 See also




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.


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. 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



  • Chief Justice of the Supreme Court: Lucas P. Bersamin


Ex officio members



  • Secretary of Justice Menardo Guevarra

  • Representative from Congress - Either the Chairman of the Senate Committee on Justice and Human Rights, or the Chairman of the House Committee on Justice. Under the current arrangement, the congressman sits from January to June, while the senator sits from July to December.

    • Senator and Chairman, Senate Committee on Justice and Human Rights Richard J. Gordon


    • Congressman and Chairman, House Committee on Justice Doy C. Leachon



Regular members


  • Ma. Milagros Fernan-Cayosa - Integrated Bar representative, a private practitioner

  • Jose V. Mejia - representative from the academe


  • Jose C. Mendoza - retired Associate Justice of the Supreme Court

  • Toribio E. Ilao, Jr. - 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 representatives 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 is 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
Start of Term
End of Term
Appointed by

Claudio Teehankee
10 December 1987
12 April 1988

Corazon Aquino

Pedro Yap
20 April 1988
29 June 1988
Corazon Aquino

Marcelo Fernan
4 July 1988
5 December 1991
Corazon Aquino

Andres Narvasa
8 December 1991
30 November 1998
Corazon Aquino

Hilario Davide, Jr.
30 November 1998
19 December 2005

Joseph Estrada

Artemio Panganiban
20 December 2005
6 December 2006

Gloria Macapagal Arroyo

Reynato Puno
7 December 2006
17 May 2010
Gloria Macapagal Arroyo

Renato Corona
17 May 2010
29 May 2012
Gloria Macapagal Arroyo

Maria Lourdes Sereno
24 August 2012
11 May 2018
Benigno Aquino III

Teresita de Castro
28 August 2018
08 October 2018
Rodrigo R. Duterte

Lucas P. Bersamin
28 November 2018
18 October 2019
Rodrigo R. Duterte


Secretaries of Justice



























































































Secretaries of Justice
Start of Term
End of Term
Appointed by

Sedfrey Ordoñez
10 December 1987
18 December 1989

Corazon Aquino

Franklin Drilon
8 January 1990
2 July 1992
Corazon Aquino

Silvestre Bello III
16 July 1991
3 February 1992
Corazon Aquino

Eduardo Montenegro
17 February 1992
1 June 1992
Corazon Aquino

Franklin Drilon
22 July 1992
14 December 1994

Fidel V. Ramos

Demetrio Demetria
18 January 1995
17 March 1995
Fidel V. Ramos

Teofisto Guingona, Jr.
24 May 1995
28 January 1998
Fidel V. Ramos

Silvestre Bello III
18 February 1998
30 June 1998
Fidel V. Ramos

Serafin Cuevas
1 July 1998
10 February 2000

Joseph Estrada

Artemio Tuquero
11 February 2000
20 January 2001
Joseph Estrada

Hernando Perez
23 January 2001
15 January 2003

Gloria Macapagal-Arroyo

Simeon Datumanong
22 January 2003
December 2003
Gloria Macapagal-Arroyo

Merceditas Gutierrez
28 January 2004
31 August 2004
Gloria Macapagal-Arroyo

Raul M. Gonzalez
1 September 2004
30 May 2009
Gloria Macapagal-Arroyo

Agnes Devanadera
8 June 2009
28 February 2010
Gloria Macapagal-Arroyo

Alberto Agra
1 March 2010
30 June 2010
Gloria Macapagal-Arroyo

Leila de Lima
1 July 2010
12 October 2015

Benigno Aquino III

Alfredo Benjamin Caguioa
12 October 2015
22 January 2016
Benigno Aquino III

Emmanuel Caparas
22 January 2016
30 June 2016
Benigno Aquino III

Vitaliano Aguirre II
1 July 2016
4 April 2018

Rodrigo Duterte

Menardo Guevarra
5 April 2018
incumbent
Rodrigo Duterte


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.



One representative






















Congress representative
House
Start of Term
End of Term
Rogaciano Mercado
House of Representatives
10 December 1987
23 February 1989

Wigberto Tañada
Senate
2 March 1988
21 May 1990
Isidro Zarraga
House of Representatives
31 July 1989
12 August 1992

Raul Roco
Senate
30 September 1992
3 March 1993


Two representatives, half a vote each


By 1994, 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


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. 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.[9]






















































Congress representative
House
Start of Term
End of Term

Aquilino Pimentel III
Senate
23 July 2013
31 December 2013

Niel Tupas, Jr.
House of Representatives
1 January 2014
30 June 2014

Aquilino Pimentel III
Senate
1 July 2014
31 December 2014

Niel Tupas, Jr.
House of Representatives
1 January 2015
30 June 2015

Aquilino Pimentel III
Senate
1 July 2015
31 December 2015

Niel Tupas, Jr.
House of Representatives
1 January 2016
30 June 2016

Leila de Lima
Senate
26 July 2016
19 September 2016

Richard J. Gordon
Senate
29 September 2016
31 December 2016

Reynaldo Umali
House of Representatives
1 January 2017
30 June 2017

Richard J. Gordon
Senate
1 July 2017
31 December 2017

Reynaldo Umali
House of Representatives
1 January 2018
30 June 2018

Richard J. Gordon
Senate
1 July 2018
Incumbent


Retired member of the Supreme Court






























Retired Supreme Court member representative
Start of Term
End of Term
Appointed by
Nestor Alampay
10 December 1987
10 December 1989

Corazon Aquino
Lorenzo Relova
8 January 1990
9 July 1993
Corazon Aquino
Jose Campos, Jr.
22 September 1993
9 July 1997

Fidel V. Ramos
Regino Hermosisima, Jr.
24 November 1997
9 July 2013

Fidel V. Ramos, Gloria Macapagal Arroyo, Benigno Aquino III
Angelina Sandoval Gutierrez
8 October 2014
9 July 2017
Benigno Aquino III
Jose Mendoza
4 October 2017
9 July 2021

Rodrigo Duterte


Representative from the academe


























Academe representative
Start of Term
End of Term
Appointed by
Rodolfo Palma
10 December 1987
9 July 1994

Corazon Aquino
Cezar Peralejo
8 February 1995
9 July 1998

Fidel V. Ramos
Alfredo Marigomen
21 July 1998
9 July 2002

Joseph Estrada
Amado Dimayuga
9 July 2003
9 July 2010

Gloria Macapagal Arroyo
Jose Mejia
28 April 2011
9 July 2018

Benigno Aquino III


Representative from the Integrated Bar






























Integrated Bar representative
Start of Term
End of Term
Appointed by
Leon Garcia, Jr.
17 June 1988
9 July 1991

Corazon Aquino
Presbitero Velasco, Jr.
7 January 1993
22 March 1995

Fidel V. Ramos
Francisco Santiago
1 August 1995
8 July 1996
Fidel V. Ramos
Amado Dimayuga
8 July 1997
9 July 2003
Fidel V. Ramos
Conrado Castro
9 July 2003
17 March 2011

Gloria Macapagal-Arroyo
Maria Milagros Fernan-Cayosa
2 May 2011
9 July 2019

Benigno Aquino III


Representative from the private sector


























Private sector representative
Start of Term
End of Term
Appointed by
Ofelia Santos
10 December 1987
9 July 1992

Corazon Aquino
Teresita Cruz Sison
30 September 1992
9 July 2004

Fidel V. Ramos, Joseph Estrada
Raoul Victorino
12 July 2005
9 July 2008

Gloria Macapagal Arroyo
Aurora Santiago Lagman
13 October 2008
9 July 2016

Gloria Macapagal Arroyo, Benigno Aquino III
Toribio Ilao, Jr.
24 October 2016
9 July 2020

Rodrigo Duterte


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. ^ "SC asks JBC to comment on Chavez petition". GMANews.tv. 2012-07-03. Retrieved 2013-04-17..mw-parser-output cite.citationfont-style:inherit.mw-parser-output .citation qquotes:"""""""'""'".mw-parser-output .citation .cs1-lock-free abackground:url("//upload.wikimedia.org/wikipedia/commons/thumb/6/65/Lock-green.svg/9px-Lock-green.svg.png")no-repeat;background-position:right .1em center.mw-parser-output .citation .cs1-lock-limited a,.mw-parser-output .citation .cs1-lock-registration abackground:url("//upload.wikimedia.org/wikipedia/commons/thumb/d/d6/Lock-gray-alt-2.svg/9px-Lock-gray-alt-2.svg.png")no-repeat;background-position:right .1em center.mw-parser-output .citation .cs1-lock-subscription abackground:url("//upload.wikimedia.org/wikipedia/commons/thumb/a/aa/Lock-red-alt-2.svg/9px-Lock-red-alt-2.svg.png")no-repeat;background-position:right .1em center.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registrationcolor:#555.mw-parser-output .cs1-subscription span,.mw-parser-output .cs1-registration spanborder-bottom:1px dotted;cursor:help.mw-parser-output .cs1-ws-icon abackground:url("//upload.wikimedia.org/wikipedia/commons/thumb/4/4c/Wikisource-logo.svg/12px-Wikisource-logo.svg.png")no-repeat;background-position:right .1em center.mw-parser-output code.cs1-codecolor:inherit;background:inherit;border:inherit;padding:inherit.mw-parser-output .cs1-hidden-errordisplay:none;font-size:100%.mw-parser-output .cs1-visible-errorfont-size:100%.mw-parser-output .cs1-maintdisplay:none;color:#33aa33;margin-left:0.3em.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration,.mw-parser-output .cs1-formatfont-size:95%.mw-parser-output .cs1-kern-left,.mw-parser-output .cs1-kern-wl-leftpadding-left:0.2em.mw-parser-output .cs1-kern-right,.mw-parser-output .cs1-kern-wl-rightpadding-right:0.2em


  5. ^ Punay, Edu (2012-07-03). "Only one member from Congress in JBC, SC affirms". Philippine Star. Retrieved 2013-04-17.


  6. ^ newsinfo.inquirer.net, CA justice named to body that screens judicial appointees Archived 2008-09-07 at the Wayback Machine


  7. ^ 1987 Constitution, Article VIII, Section 8, Paragraph 5


  8. ^ "JBC CHAIRPERSONS, EX OFFICIO AND REGULAR MEMBERS, EX OFFICIO SECRETARIES AND CONSULTANTS". Supreme Court of the Philippines. Retrieved 2012-08-25.


  9. ^ Torres-Tupas, Tetch (2017-01-17). "SC to JBC: Answer petition on seat for solons at meetings". INQUIRER.net. Retrieved 2017-01-21.




See also


  • Judicial nominating commission


References


  • Chan Robles Virtual Law Library: Article 8


  • Atty. Rita Linda V. Jimeno. "Attracting the best and the brightest". Retrieved 2006-08-08.


External links


  • Official website of the Judicial and Bar Council

  • Official Gazette of The Philippines JBC Brifer


See also


  • Supreme Court of the Philippines

  • Chief Justice of the Supreme Court of the Philippines

  • Associate Justice of the Supreme Court of the Philippines

  • Constitution of the Philippines

  • Professional Regulation Commission









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