Judicial and Bar Council

Judicial and Bar Council
Sangguniang Panghukuman at Pang-abogasya
AbbreviationJBC
PurposeRecommending appointees to the Judiciary
Location
Membership7
  • 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[1]) 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,[2] while the Clerk of the Supreme Court shall serve as the ex officio secretary.[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.[4] 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.[5] 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.[6]

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

Function

Entrance to the JBC offices

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. In 2009, President Gloria Macapagal Arroyo asked the council to add more nominees on two Supreme Court vacancies. The council rejected the request.[8] Arroyo then appointed someone from the list.[9]

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

Membership

The members of the Judicial and Bar Council are:

Member Term started Term scheduled to end Membership Type Appointed by
1 Alexander Gesmundo April 5, 2021 November 6, 2026 Chief Justice Ex officio chairman Rodrigo Duterte
2 Jesus Crispin Remulla June 30, 2022 Serves at president's pleasure Secretary of Justice Ex officio member Bongbong Marcos
3 Francis Tolentino[a] July 29, 2024 June 30, 2025 Member representing Congress Senate 19th Congress
Juliet Marie Ferrer[a] July 26, 2022 House of Representatives
4 Erlinda Piñera-Uy July 21, 2023[10] July 9, 2027 Member representing the Integrated Bar Regular member Bongbong Marcos
5 Nesauro Firme July 11, 2022[11] July 9, 2026 Member representing the academe Bongbong Marcos
6 Jose Mendoza July 19, 2021[12] July 9, 2025 Retired justice of the Supreme Court Rodrigo Duterte
7 Jose V. Mejia July 19, 2024[13] July 19, 2028 Member representing the private sector Bongbong Marcos
  1. ^ a b 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.
  • Ex officio secretary: Atty. Marife M. Lomibao- Cuevas, as Clerk of the Supreme Court en banc, since March 26, 2021
  • JBC Consultant: Hon. 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:

Former members

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

The members of the JBC were:[14]

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.

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 December 10, 1987 February 23, 1989 8th
Wigberto Tañada Senate March 2, 1988 May 21, 1990 8th
Isidro Zarraga House of Representatives July 31, 1989 August 12, 1992 8th
9th
Pablo P. Garcia August 26, 1992 September 30, 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 September 30, 1992 March 8, 1995 Raul Roco September 30, 1992 March 3, 1993 9th
Alberto Romulo April 14, 1993 August 1, 1995 9th
Isidro Zarraga June 28, 1995 June 30, 1998 10th
Marcelo Fernan August 2, 1995 December 31, 1996 10th
Raul Roco January 1, 1997 July 30, 1998 10th
11th
Alfredo Abueg July 31, 1998 November 29, 2000 Rene Cayetano July 31, 1998 January 31, 2000 11th
Aquilino Pimentel Jr. February 1, 2000 November 29, 2000 11th
Henry Lanot December 14, 2000 May 30, 2001 Miriam Defensor Santiago January 10, 2001 February 14, 2001 11th
Rene Cayetano May 16, 2001 May 30, 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 May 30, 2001 June 30, 2001 Rene Cayetano May 30, 2001 August 28, 2001 11th
Alan Peter Cayetano August 8, 2001 March 3, 2003 12th
Francis Pangilinan August 29, 2001 November 23, 2008 12th
Marcelino Libanan March 4, 2003 August 8, 2003 12th
Simeon Datumanong August 9, 2004 June 30, 2007 13th
Matias Defensor Jr. August 8, 2007 June 30, 2010 14th
Francis Escudero November 24, 2008 June 30, 2013 14th
Niel Tupas Jr. July 29, 2010 June 30, 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.[15]

Member Chamber Start of term End of term Congress
Koko Pimentel Senate July 23, 2013 December 31, 2013 16th
Niel Tupas Jr. House of Representatives January 1, 2014 June 30, 2014
Koko Pimentel Senate July 1, 2014 December 31, 2014
Niel Tupas Jr. House of Representatives January 1, 2015 June 30, 2015
Koko Pimentel Senate July 1, 2015 December 31, 2015
Niel Tupas Jr. House of Representatives January 1, 2016 June 30, 2016
Leila de Lima Senate July 26, 2016 September 19, 2016 17th
Dick Gordon September 29, 2016 December 31, 2016
Reynaldo Umali House of Representatives January 1, 2017 June 30, 2017
Dick Gordon Senate July 1, 2017 December 31, 2017
Reynaldo Umali House of Representatives January 1, 2018 June 30, 2018
Dick Gordon Senate July 1, 2018 December 31, 2018
Paulino Salvador Leachon House of Representatives January 1, 2019 June 30, 2019
Dick Gordon Senate July 22, 2019 December 31, 2019 18th
Vicente Veloso III House of Representatives January 1, 2020 June 30, 2020
Dick Gordon Senate July 1, 2020 December 31, 2020
Vicente Veloso III House of Representatives January 1, 2021 June 30, 2021
Dick Gordon Senate July 1, 2021 December 31, 2021
Vicente Veloso III House of Representatives January 1, 2022 June 30, 2022
Francis Tolentino Senate July 25, 2022 December 31, 2022 19th
Juliet Marie Ferrer House of Representatives January 1, 2023 June 30, 2023
Francis Tolentino Senate July 1, 2023 December 31, 2023
Juliet Marie Ferrer House of Representatives January 1, 2024 June 30, 2024
Sonny Angara Senate July 1, 2024 July 19, 2024
Francis Tolentino July 29, 2024 Term expected to end December 31, 2024

Regular members

Term started Representative from the Integrated Bar Representative from the academe Retired Supreme Court justice Representative from the private sector Appointed by
December 10, 1987

Leon Garcia Jr.

June 17, 1988 – July 9, 1991

Rodolfo Palma

December 10, 1987 – July 9, 1990

Nestor Alampay

December 10, 1987 – December 10, 1989

Ofelia Santos

December 10, 1987 – December 10, 1988
Corazon Aquino

February 25, 1986 – June 30,. 1992

December 10, 1988

Ofelia Santos

December 10, 1988 – July 9, 1992
December 10, 1989

Lorenzo Relova

January 8, 1990 – July 9. 1993
July 9, 1990

Rodolfo Palma

July 9, 1990 – July 9, 1994
July 9, 1991

Presbitero Velasco Jr.

January 7, 1993 – March 22, 1995a
July 9, 1992

Teresita Cruz Sison

September 30, 1992– July 9, 1996
Fidel V. Ramos

June 30, 1992 – June 30, 1998

July 9, 1993

Jose C. Campos

September 22, 1993 – July 9. 1997
July 9, 1994

Cezar Peralejo

February 8, 1995 – July 9, 1998
July 9, 1995

Francisco Santiago

August 1, 1995 – July 9, 1996

Amado Dimayuga

July 8, 1997 – July 9, 1999
July 9, 1996

Teresita Cruz Sison

July 9. 1997 – July 9, 2000
July 9, 1997

Regino C. Hermosisima Jr.

November 24, 1997 – July 9. 2001
July 9, 1998

Alfredo Marigomen

July 21, 1998 – July 9, 2002
Joseph Estrada

June 30, 1998 – January 20, 2001

July 9, 1999

Amado Dimayuga

July 9, 1999 – July 9, 2003
July 9, 2000

Teresita Cruz Sison

August 18, 2000 – July 9, 2004
July 9, 2001

Regino C. Hermosisima Jr.

September 10, 2001 – July 9, 2005
Gloria Macapagal Arroyo

January 20, 2001 – June 30, 2010

July 9, 2002

Amado Dimayuga

July 9, 2003 – July 9, 2006
July 9, 2003

Conrado Castro

July 9, 2003 – July 9, 2007
July 9, 2004

Raoul Victorino

July 12, 2005 – July 9, 2008
July 9, 2005

Regino C. Hermosisima Jr.

October 4, 2005 – July 9. 2009
July 9, 2006

Amado Dimayuga

July 9, 2006 – July 9, 2010
July 9, 2007

Conrado Castro

July 9, 2007 – March 17, 2011b

Maria Milagros Fernan-Cayosa

May 2 – July 9, 2011
July 9, 2008

Aurora Santiago Lagman

October 13, 2008 – July 9, 2012
July 9, 2009

Regino C. Hermosisima Jr.

July 9, 2009 – July 9. 2013
July 9, 2010

Jose Mejia

April 28, 2011 – July 9, 2014
Benigno Aquino III

June 30, 2010 – June 30, 2016

July 9, 2011

Maria Milagros Fernan-Cayosa

July 9, 2011 – July 9, 2015
July 9, 2012

Aurora Santiago Lagman

July 9, 2012 – July 9, 2016
July 9, 2013

Angelina Sandoval-Gutierrez

October 8, 2014 – July 9. 2017
July 9, 2014

Jose Mejia

July 9, 2014 – July 9, 2018
July 9, 2015

Maria Milagros Fernan-Cayosa

July 9, 2015 – July 9, 2019
July 9, 2016

Toribio Ilao Jr.

October 24, 2016 – July 9, 2020
Rodrigo Duterte

June 30, 2016 – June 30, 2022

July 9, 2017

Jose C. Mendoza

October 4, 2017 – July 9. 2021
July 9, 2018

Noel Tijam

March 6, 2019 – July 9, 2022
July 9, 2019

Franklin Demonteverde

July 9, 2019 – July 9, 2023
July 9, 2020

Toribio Ilao Jr.

July 9, 2020 – July 9, 2024
July 9, 2021

Jose C. Mendoza

July 20, 2021 – present (Term ends July 9, 2025)
July 9, 2022

Nesauro Firme

July 11, 2022 – present (Term ends July 9, 2026)
Bongbong Marcos

June 30, 2022 – present

July 9, 2023 Erlinda Piñera Uy
July 21, 2023 – present (Term ends July 9, 2027)
July 9, 2024 Jose Mejia
July 20, 2024 – present (Term ends July 9, 2028)

Notes:

a.^ Resigned
b.^ Died in office[16]

References

  1. ^ "Mga Pangalan ng Tanggapan ng Pamahalaan sa Filipino" (PDF). Komisyon sa Wikang Filipino (in Filipino). 2013. Archived (PDF) from the original on March 29, 2017. Retrieved March 27, 2018.
  2. ^ 1987 Constitution, Article VIII, Section 8, Paragraph 1
  3. ^ 1987 Constitution, Article VIII, Section 8, Paragraph 3
  4. ^ 1987 Constitution, Article VIII, Section 8, Paragraph 2
  5. ^ "SC asks JBC to comment on Chavez petition". GMANews.tv. July 3, 2012. Retrieved April 17, 2013.
  6. ^ Punay, Edu (July 3, 2012). "Only one member from Congress in JBC, SC affirms". Philippine Star. Retrieved April 17, 2013.
  7. ^ 1987 Constitution, Article VIII, Section 8, Paragraph 5
  8. ^ Sy, Marvin; Punay, Edu (August 4, 2009). "JBC rejects Palace demand for more nominees to Supreme Court". philstar.com. Retrieved August 4, 2020.
  9. ^ Sy, Marvin. "Malacañang bows to JBC, will review Supreme Court shortlist". philstar.com. Retrieved August 4, 2020.
  10. ^ Mondares, Claire Bernadette (July 23, 2023). "Retired tax court justice sworn in as JBC member". The Manila Times. Retrieved August 14, 2023.
  11. ^ Canlas, Jomar (August 3, 2022). "Marcos appoints former lawyer to JBC". The Manila Times. Retrieved August 12, 2022.
  12. ^ Bordey, Hana (September 22, 2021). "CA nods ex-SC Justice Mendoza's reappointment as JBC member". GMA News Online. Retrieved August 23, 2024.
  13. ^ "Atty. Jose V. Mejia takes oath as member of SC's Judicial and Bar Council". GMA Integrated News. July 20, 2024. Retrieved July 20, 2024.
  14. ^ "JBC CHAIRPERSONS, EX OFFICIO AND REGULAR MEMBERS, EX OFFICIO SECRETARIES AND CONSULTANTS". Supreme Court of the Philippines. Archived from the original on July 28, 2012. Retrieved August 25, 2012.
  15. ^ Torres-Tupas, Tetch (January 17, 2017). "SC to JBC: Answer petition on seat for solons at meetings". INQUIRER.net. Retrieved January 21, 2017.
  16. ^ Clapano, Jose Rodel. "JBC member killed in traffic mishap". Philstar.com. Retrieved July 15, 2023.

See also

References

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