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An important function of the JBC is the creation of a list of nominees for the position of Chief
Justice of the Supreme Court. Below is the process in brief (for more details, see Sec. IV):
Infographic_Appointment-of-Associate-Justice_140820_1154
From 1902 to 1935, it was the prerogative of the President of the United States to appoint the
Chief Justice of the Philippine Supreme Court.
The 1935 Constitution transferred the authority to appoint the Justices of the Supreme Court to the
President of the Philippines. Much of the 1935 Constitution was based on the Constitution of the
United States of America. One parallel between the two is the philosophy and process of making
appointments to the high court. Appointments are made directly by the President, but with the
consent of the Commission on Appointments of the Legislature (by virtue of Article VIII, Sec. 5).
Upon the ratification of the 1973 Constitution, however, the process by which a Chief Justice,
Associate Justices, and judges are appointed was changed to grant the President (then, President
Ferdinand Marcos) the sole authority to appoint without need of approval by the Legislature.
Article X, Sec. 4 of the 1973 Constitution states:
“The Members of the Supreme Court and judges of inferior courts shall be appointed by the
President.”
After the EDSA People Power Revolution of 1986 ended the Marcos regime, and the 1987
Constitution was ratified, a new check-and-balance measure was created to limit the appointing
power of the President to the high court and to ensure the participation of Congress, the Judiciary,
and the private sector in the appointing process. The new constitution created the JBC by virtue of
Article VIII, Sec. 8 (5):
“The Council shall have the principal function of recommending appointees to the Judiciary. It
may exercise such other functions and duties as the Supreme Court may assign to it.”
The same day, Commissioners Jose C. Colayco and Ricardo J. Romulo defended the creation of
the JBC, stating that it aims to strengthen the independence of the judicial branch of government
by preventing the President from whimsically or arbitrarily choosing members of the courts.
According to Mr. Colayco, “the creation of this Council would ensure more the appointment of
judges and justices who will be chosen for their confidence and their moral qualifications, rather
than to favor or to give something in return for their help in electing the President.”
Mr. Romulo in the meantime said: “[W]e can have any form of government we like and we are
safe, provided we have an independent and competent Judiciary… And if we are trying to bolster
the independence of the Supreme Court it is because in the end it is the Judiciary that will protect
all of us. We are not trying to create an independent republic out of the Judiciary, only an
autonomous region.”
Thus, the 1987 Constitution, by virtue of Sec. 8 (1), provided for the creation of the JBC.
III. WHO ARE THE MEMBERS OF THE JBC?
The Constitution provides for the composition of the JBC to include the following:
1. Representatives of the three branches of government as ex-officio members (i.e., the Chief
Justice, the Secretary of Justice, and a member from the Legislature); {{1}}
3. A professor of law;
Members from the government are automatically members of the JBC by virtue of their office.
The other four members, however, are appointed by the President and would have to go through
the process of being confirmed by the Commission on Appointments.
A VACANCY OPENS
The Constitution provides that a vacancy for the positions of Chief Justice, Associate Justice,
Ombudsman, Deputy Ombudsman, and judges of other courts must be filled within 90 days (by
virtue of Article VIII, Sec. 4 of the Constitution and Rule 1, Sec. 1 of the Rules of the JBC). As
soon as a vacancy opens in the Supreme Court and the Office of the Ombudsman, the position is
“ipso facto” open to applications.
It must be noted that since the ratification of the 1987 Constitution, every Chief Justice left office
by virtue of retirement at the age of 70 years old. In such cases wherein the retirement of a Chief
Justice is anticipated, the JBC convenes months in advance to anticipate the upcoming retirement
of Justices and submits its list before the date of retirement.
Copies of the list shall likewise be posted on three conspicuous places in the said area. Copies
thereof shall be furnished to major nongovernmental organizations in the city or municipality
where such vacancy is located, including the Integrated Bar of the Philippines and its
corresponding local chapter.
The long list shall contain an invitation to the public to inform the Council, within ten days, of any
complaint or derogatory information against the applicants. The Council may choose to direct a
discreet background check on the applicant or require the nominee to comment in writing or
during the interview.{{2}}
1. Competence, to be measured by
Educational preparation
Experience
Performance
Other accomplishments
2. Integrity, by means of
Evidence of integrity
Background check
Testimony of parties
Anonymous testimonies
3. Probity and independence
Medical documents
Psychological/psychiatric tests
In addition, the following are disqualified from becoming nominees (see JBC Rule 4, Sec. 5 and
Sec. 6):
Although media accessibility will be subject to the rules promulgated by the Council, these
interviews shall be conducted in public. For this purpose, the schedule of the interviews shall be
published in local- and general-circulation publications. The reports on the personal interviews,
however, are declared strictly confidential documents upon submission to the Secretary of Council
and shall only be made available to the members of the JBC.
Basahin sa Filipino
[[1]] According the Fr. Joaquin Bernas, during the Constitutional Commission of 1986, the article
from the Judiciary was accepted before that of the legislature. Therefore, only one slot was given
to the legislature, which was unicameral in the Constitutional Commission’s initial deliberations.
However, since the ratification of the 1987 Constitution, a member from the House of
Representatives and the Senate would both hold the position and would have half a vote each. On
July 17, 2012, the Supreme Court ruled that only one member from the legislature may sit as a
member of the JBC.[[1]]
[[2]] See Rule No. JBC-10.[[2]]
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