The Judicial and Bar Council (JBC; ) 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,1987 Constitution, Article VIII, Section 8, Paragraph 1 while the clerk of the Supreme Court shall serve as the ex officio secretary.1987 Constitution, Article VIII, Section 8, Paragraph 3
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.1987 Constitution, Article VIII, Section 8, Paragraph 2 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.1987 Constitution, Article VIII, Section 8, Paragraph 5
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: +MemberTerm startedTerm scheduled to endMembershipTypeAppointed by1Chief JusticeEx officio chairmanRodrigo Duterte2Serves at president's pleasureSecretary of JusticeEx officio memberBongbong Marcos3Kiko Pangilinan Member representing CongressSenate20th Congress House of Representatives4Member representing the Integrated BarRegular memberBongbong Marcos5Nesauro FirmeMember representing the academeBongbong Marcos6Retired justice of the Supreme CourtBongbong Marcos7Member representing the private sectorBongbong Marcos
Ex officio secretary: Marife M. Lomibao- Cuevas, as Clerk of the Supreme Court en banc, since March 26, 2021 JBC Consultant: 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.
Representatives 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. By 1993, the two representatives from Congress began sitting simultaneously, each having one-half of a vote. On May 30, 2001, the JBC en banc decided to grant the representatives from both Houses of Congress one full vote each.
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. Term startedSenatorRepresentativeCongressDecember 10, 1987Wigberto Tañada March 2, 1988 – May 21, 1990Rogaciano Mercado December 10, 1987 – February 23, 1989 Isidro Zarraga July 31, 1989 – June 30, 19928thJune 30, 1992Raul Roco September 30, 1992 – March 3, 1993 Alberto Romulo April 14, 1993 – June 30, 1995Isidro Zarraga June 30, 1992– August 12, 1992 Pablo P. Garcia August 26, 1992 – March 8, 1995 Isidro Zarraga June 28–30, 19959thJune 30, 1995Alberto Romulo June 30, 1995– August 1, 1995 Marcelo Fernan August 2, 1995 – December 31, 1996 Raul Roco January 1. 1997 – June 30, 1998Isidro Zarraga June 30, 1995 – June 30, 199810thJune 30, 1998Raul Roco June 30 – July 30, 1998 Rene Cayetano July 31, 1998 – January 31, 2000 Nene Pimentel February 1 – November 29, 2000 Miriam Defensor Santiago January 10 – February 14, 2001 Rene Cayetano May 16 – June 30, 2001Alfredo Abueg July 31, 1998 – November 29, 2000 Henry Lanot December 14, 2000 – June 30, 200111thJune 30, 2001Rene Cayetano June 30 – August 28, 2001 Kiko Pangilinan August 29, 2001 – June 30, 2004Alan Peter Cayetano August 8, 2001 – March 3, 2003 Marcelino Libanan March 4 – August 8, 200312thJune 30, 2004Kiko Pangilinan June 30, 2004 – June 30, 2007Simeon Datumanong August 9, 2004 – June 30, 200713thJune 30, 2007Kiko Pangilinan June 30, 2007 – November 23, 2008 Francis Escudero November 24, 2008 – June 30, 2010Matias Defensor Jr. August 8, 2007 – June 30, 201014thJune 30, 2010Francis Escudero June 30, 2010 – June 30, 2013Niel Tupas Jr. July 29, 2010 – June 30, 201315thJune 30, 2013Koko Pimentel July 23 – December 31, 2013 July 1 – December 31, 2014 July 1 – December 31, 2015Niel Tupas Jr. January 1 – June 30, 2014 January 1 – June 30, 2015 January 1 – June 30, 201616thJune 30, 2016Leila de Lima July 26 – September 19, 2016 Dick Gordon September 29 – December 31, 2016 July 1 – December 31, 2017 July 1 – December 31, 2018Reynaldo Umali January 1 – June 30, 2017 January 1 – June 30, 2018 Paulino Salvador Leachon January 1 – June 30, 201917thJune 30, 2019Dick Gordon July 22 – December 31, 2019 July 1 – December 31, 2020 July 1 – December 31, 2021Vicente Veloso III January 1 – June 30, 2020 January 1 – June 30, 2021 January 1 – June 30, 202218thJune 30, 2022Francis Tolentino July 25 – December 31, 2022 July 1 – December 31, 2023 July 1 – August 15, 2024 Koko Pimentel August 19 – December 31, 2024Juliet Marie Ferrer January 1 – June 30, 2023 January 1 – June 30, 2024 January 1 – June 30, 202519thJune 30, 2025Alan Peter Cayetano July 29, 2025 – September 10, 2025 Kiko Pangilinan September 10 – December 31, 2025 July 1, 2026 – presentGerville Luistro January 1 – June 30, 202620th
Regular members +Term startedRepresentative from the Integrated BarRepresentative from the academeRetired Supreme Court justiceRepresentative from the private sectorAppointed byLeon Garcia Jr. June 17, 1988 – July 9, 1991Rodolfo Palma December 10, 1987 – July 9, 1990Nestor Alampay December 10, 1987 – December 10, 1989Ofelia Santos December 10, 1987 – December 10, 1988Corazon AquinoFebruary 25, 1986 – June 30,. 1992December 10, 1988Ofelia Santos December 10, 1988 – July 9, 1992December 10, 1989Lorenzo Relova January 8, 1990 – July 9. 1993July 9, 1990Rodolfo Palma July 9, 1990 – July 9, 1994July 9, 1991Presbitero Velasco Jr. January 7, 1993 – March 22, 1995July 9, 1992Teresita Cruz Sison September 30, 1992– July 9, 1996 Fidel V. RamosJune 30, 1992 – June 30, 1998July 9, 1993Jose C. Campos September 22, 1993 – July 9. 1997July 9, 1994Cezar Peralejo February 8, 1995 – July 9, 1998July 9, 1995Francisco Santiago August 1, 1995 – July 9, 1996 Amado Dimayuga July 8, 1997 – July 9, 1999July 9, 1996Teresita Cruz Sison July 9. 1997 – July 9, 2000July 9, 1997Regino C. Hermosisima Jr. November 24, 1997 – July 9. 2001July 9, 1998Alfredo Marigomen July 21, 1998 – July 9, 2002Joseph EstradaJune 30, 1998 – January 20, 2001July 9, 1999Amado Dimayuga July 9, 1999 – July 9, 2003July 9, 2000Teresita Cruz Sison August 18, 2000 – July 9, 2004July 9, 2001Regino C. Hermosisima Jr. September 10, 2001 – July 9, 2005Gloria Macapagal ArroyoJanuary 20, 2001 – June 30, 2010July 9, 2002Amado Dimayuga July 9, 2003 – July 9, 2006July 9, 2003Conrado Castro July 9, 2003 – July 9, 2007July 9, 2004Raoul Victorino July 12, 2005 – July 9, 2008July 9, 2005Regino C. Hermosisima Jr. October 4, 2005 – July 9. 2009July 9, 2006Amado Dimayuga July 9, 2006 – July 9, 2010July 9, 2007Conrado Castro July 9, 2007 – March 17, 2011