Judicial and Bar Council (Philippines)

The Judicial and Bar Council of the Philippines is a constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court and other lower courts.

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 following members shall be given the full four-year term.

Current membership

As of January, 2007, the members of the Judicial and Bar Council are:

"Regular Members"

* J. Conrado P. Castro - Integrated Bar representative, a private practitioner
* Amado L. Dimayuga - representative from the academe, former Dean of the University of Santo Tomas Faculty of Civil Law
* Regino C. Hermosisima, Jr. - retired Associate Justice of the Supreme Court
* Aurora Santiago-Lagman - retired Philippine Court of Appeals Justice (replacing Raoul V. Victorino - private sector representative, former Justice of the Sandiganbayan - whose term expired on July 9, 2008). [ [http://newsinfo.inquirer.net/breakingnews/nation/view/20080906-159114/CA-justice-named-to-body-that-screens-judicial-appointees newsinfo.inquirer.net, CA justice named to body that screens judicial appointees] ]

"Ex-Officio Members"

* Simeon Datumanong - incumbent congressman
* Francis Pangilinan - incumbent senator
* Raul Gonzalez - incumbent Secretary of Justice

"Ex-Officio Chairman"

* Reynato Puno - incumbent Chief Justice of the Supreme Court

Function

The function of the Council is to recommend to the president of possible appointees to the Judiciary. [1987 Constitution, Article VIII, Section 8, Paragraph 5]

The president shall choose from among those nominated, although she may ask the Council to nominate somebody else and add it to 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.

Notes

References

* [http://www.chanrobles.com/article8.htm Chan Robles Virtual Law Library: Article 8]
*cite web|url=http://www.manilastandardtoday.com/?page=ritaLindaJimeno_jan23_2006 |title=Attracting the best and the brightest |accessdate=2006-08-08 |author=Atty. Rita Linda V. Jimeno

External links

* [http://jbc.supremecourt.gov.ph/index.php Official website of the Judicial and Bar Council]

ee 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