Judicial and Bar Council
Sangguniang Panghukuman at Pang-abogasya
JBC seal
AbbreviationJBC
PurposeRecommending appointees to the Judiciary
Location
Membership
7
  • 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
Alexander Gesmundo
Parent organization
Supreme Court of the Philippines
Websitejbc.judiciary.gov.ph

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.

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,[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 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.[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:

Member Term started Term scheduled to end Representing Type Appointed by
1 Alexander Gesmundo April 5, 2021 November 6, 2026 Chief Justice Ex officio chairman Rodrigo Duterte
2 Menardo Guevarra April 5, 2018 Serves at president's pleasure Secretary of Justice Ex officio member Rodrigo Duterte
3 Richard J. Gordon* July 24, 2019 June 30, 2022 Congress Senate Ex officio member 18th Congress
Vicente Veloso* August 6, 2019 House of Representatives
4 Franklin Demonteverde August 2, 2019 July 9, 2023 Integrated Bar Regular member Rodrigo Duterte
5 Noel Tijam March 6, 2019 July 9, 2022 The academe Regular member Rodrigo Duterte
6 Jose C. Mendoza October 4, 2017 July 9, 2025 Retired justice of the Supreme Court Regular member Rodrigo Duterte
7 Toribio Ilao Jr. October 26, 2016 July 9, 2024 The private sector Regular member Rodrigo Duterte

*Under the current arrangement, the congressman sits from January to June, while the senator sits from July to December. Only one representative is to sit at any time.

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

Function

Entrance to the JBC offices
Entrance to the JBC offices

The function of the Council is to recommend to the representatives of possible appointees to the Judiciary.[6]

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.[7] Arroyo then appointed someone from the list.[8]

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

Members

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

The members of the JBC were:[9]

Chief Justice

Main article: Chief Justice of the Philippines

The Chief Justice became a member starting on December 10, 1987.

Secretaries of Justice

Main article: Secretary of Justice (Philippines)

The Secretary of Justice became a member starting on December 10, 1987.

Representative 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.

Member Chamber Start of term End of term Congress
Rogaciano Mercado House of Representatives 10 December 1987 23 February 1989 8th
Wigberto Tañada Senate 2 March 1988 21 May 1990 8th
Isidro Zarraga House of Representatives 31 July 1989 12 August 1992 8th
9th
Pablo P. Garcia 26 August 1992 30 September 1992 9th

Two representatives, half a vote each

By 1993, the two representatives from Congress began sitting simultaneously, each having one-half of a vote.

Congressman Senator Congress
Member Start of term End of term Member Start of term End of term
Pablo P. Garcia 30 September 1992 8 March 1995 Raul Roco 30 September 1992 3 March 1993 9th
Alberto Romulo 14 April 1993 1 August 1995 9th
Isidro Zarraga 28 June 1995 30 June 1998 10th
Marcelo Fernan 2 August 1995 31 December 1996 10th
Raul Roco 1 January 1997 30 July 1998 10th
11th
Alfredo Abueg 31 July 1998 29 November 2000 Rene Cayetano 31 July 1998 31 January 2000 11th
Aquilino Pimentel Jr. 1 February 2000 29 November 2000 11th
Henry Lanot 14 December 2000 30 May 2001 Miriam Defensor Santiago 10 January 2001 14 February 2001 11th
Rene Cayetano 16 May 2001 30 May 2001 11th

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.

Congressman Senator Congress
Member Start of term End of term Member Start of term End of term
Henry Lanot 30 May 2001 30 June 2001 Rene Cayetano 30 May 2001 28 August 2001 11th
Alan Peter Cayetano 8 August 2001 3 March 2003 12th
Francis Pangilinan 29 August 2001 23 November 2008 12th
Marcelino Libanan 4 March 2003 8 August 2003 12th
Simeon Datumanong 9 August 2004 30 June 2007 13th
Matias Defensor Jr. 8 August 2007 30 June 2010 14th
Francis Escudero 24 November 2008 30 June 2013
Niel Tupas Jr. 29 July 2010 30 June 2013 15th

One representative

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.[10]

Member Chamber Start of term End of term Congress
Koko Pimentel Senate 23 July 2013 31 December 2013 16th
Niel Tupas Jr. House of Representatives 1 January 2014 30 June 2014
Koko Pimentel Senate 1 July 2014 31 December 2014
Niel Tupas Jr. House of Representatives 1 January 2015 30 June 2015
Koko Pimentel 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 17th
Dick Gordon 29 September 2016 31 December 2016
Reynaldo Umali House of Representatives 1 January 2017 30 June 2017
Dick Gordon Senate 1 July 2017 31 December 2017
Reynaldo Umali House of Representatives 1 January 2018 30 June 2018
Dick Gordon Senate 1 July 2018 31 December 2018
Paulino Salvador Leachon House of Representatives 1 January 2019 30 June 2019
Dick Gordon Senate 22 July 2019 31 December 2019 18th
Vicente Veloso III House of Representatives 1 January 2020 30 June 2020
Dick Gordon Senate 1 July 2020 31 December 2020
Vicente Veloso III House of Representatives 1 January 2021 30 June 2021
Dick Gordon Senate 1 July 2021 incumbent (ends 31 December 2021)

Regular members

Boldface: Supposed start of term

Small text: Tenure started/ended outside of normal term of office.

Representative from the Integrated Bar Representative from the academe Retired Supreme Court justice Representative from the private sector Appointed by
Term Member Term Member Term Member Term Member
Term from 10 December 1987 to 9 July 1990) vacant
(10 December 1987–17 June 1988)
Term from 10 December 1987 to 9 July 1990 Rodolfo Palma
(10 December 1987–9 July 1994)
Term from 10 December 1987 to 10 December 1989) Nestor Alampay
(10 December 1987–10 December 1989)
Term from 10 December 1987 to 10 December 1988) Ofelia Santos
(10 December 1987–9 July 1992)
Corazon Aquino
(25 February 1986–30 June 1992)
Leon Garcia Jr.
(17 June 1988–9 July 1991)
Term from 10 December 1987 to 9 July 1992)
Term from 10 December 1989 to 9 July 1993) vacant
(10 December 1989–8 January 1990)
Lorenzo Relova
(8 January 1990–9 July 1993)
Term from 9 July 1990 to 9 July 1994
Term from 9 July 1991 to 9 July 1995 vacant
(9 July 1991–7 January 1993)
Term from 9 July 1992 to 9 July 1996) vacant
(9 July–30 September 1992)
Fidel V. Ramos
(30 June 1992–30 June 1998)
Teresita Cruz Sison
(30 September 1992–9 July 1996)
Presbitero Velasco Jr.
(7 January 1993–resigned 22 March 1995
Term from 9 July 1993 to 9 July 1997 vacant
(9 July–22 September 1993)
Jose Campos Jr.
(22 September 1993–9 July 1997)
Term from 9 July 1994 to 9 July 1998 vacant
(9 July 1994–8 February 1995)
Cezar Peralejo
(8 February 1995–9 July 1998)
vacant
(22 March–1 August 1995)
Term from 9 July 1995 to 9 July 1999
Francisco Santiago
(1 August 1995–9 July 1996)
Amado Dimayuga
(9 July 1996–9 July 2003)
Term from 9 July 1996 to 9 July 2000) vacant
(9 July 1996–9 July 1997)
Term from 9 July 1997 to 9 July 2001 vacant
(9 July–24 November 1997)
Teresita Cruz Sison
(9 July 1997–9 July 2000)
Regino C. Hermosisima Jr.
(24 November 1997–9 July 2001)
Term from 9 July 1998 to 9 July 2002 vacant
(9 July–21 July 1998)
Joseph Estrada
(30 June 1998–20 January 2001)
Alfredo Marigomen
(21 July 1998–9 July 2002)
Term from 9 July 1999 to 9 July 2003
Term from 9 July 2000 to 9 July 2004) vacant
(9 July–18 August 2000)
Teresita Cruz Sison
(18 August 2000–9 July 2004)
Term from 9 July 2001 to 9 July 2005 vacant
(9 July–10 September 2001)
Gloria Macapagal Arroyo
(20 January 2001–30 June 2010)
Regino C. Hermosisima Jr.
(10 September 2001–9 July 2005)
Term from 9 July 2002 to 9 July 2006 vacant
(9 July 2002–9 July 2003)
Term from 9 July 2003 to 9 July 2007 Conrado Castro
(9 July 2003–died 17 March 2011)
Amado Dimayuga
(9 July 2003–9 July 2009)
Term from 9 July 2004 to 9 July 2008) vacant
(9 July 2004–12 July 2005)
Term from 9 July 2005 to 9 July 2009 vacant
(9 July–4 October 2005)
Raoul Victorino
(12 July 2005–9 July 2008)
Regino C. Hermosisima Jr.
(4 October 2005–9 July 2013)
Term from 9 July 2006 to 9 July 2010
Term from 9 July 2007 to 9 July 2011
Term from 9 July 2008 to 9 July 2012) vacant
(9 July–13 October 2008)
Aurora Santiago Lagman
(13 October 2008–9 July 2016)
Term from 9 July 2009 to 9 July 2013
Term from 9 July 2010 to 9 July 2014 vacant
(9 July 2010–28 April 2011)
Benigno Aquino III
(30 June 2010–30 June 2016)
vacant
(17 March 2011–2 May 2011)
Jose Mejia
(28 April 2011–9 July 2018)
Maria Milagros Fernan-Cayosa
(2 May 2011–9 July 2019)
Term from 9 July 2011 to 9 July 2015
Term from 9 July 2012 to 9 July 2016)
Term from 9 July 2013 to 9 July 2017 vacant
(9 July 2013–8 October 2014)
Term from 9 July 2014 to 9 July 2018
Angelina Sandoval-Gutierrez
(8 October 2014–9 July 2017)
Term from 9 July 2015 to 9 July 2019
Term from 9 July 2016 to 9 July 2020) vacant
(9 July–24 October 2016)
Rodrigo Duterte
(30 June 2016–present)
Toribio Ilao Jr.
(24 October 2016–present)
Term from 9 July 2017 to 9 July 2021 vacant
(9 July–4 October 2017)
Jose C. Mendoza
(4 October 2017–9 July 2021)
Term from 9 July 2018 to 9 July 2022 vacant
(9 July 2018–6 March 2019)
Noel Tijam
(6 March 2019–present)
Term from 9 July 2019 to 9 July 2023 Franklin Demonteverde
(9 July 2019–present)
Term from 9 July 2020 to 9 July 2024)

Notes

References

  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.
  5. ^ Punay, Edu (2012-07-03). "Only one member from Congress in JBC, SC affirms". Philippine Star. Retrieved 2013-04-17.
  6. ^ 1987 Constitution, Article VIII, Section 8, Paragraph 5
  7. ^ Sy, Marvin; Punay, Edu (2009-08-04). "JBC rejects Palace demand for more nominees to Supreme Court". philstar.com. Retrieved 2020-08-04.
  8. ^ Sy, Marvin. "Malacañang bows to JBC, will review Supreme Court shortlist". philstar.com. Retrieved 2020-08-04.
  9. ^ "JBC CHAIRPERSONS, EX OFFICIO AND REGULAR MEMBERS, EX OFFICIO SECRETARIES AND CONSULTANTS". Supreme Court of the Philippines. Archived from the original on 2012-07-28. Retrieved 2012-08-25.
  10. ^ 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

References