Section 8, 1987 Phil. Constitution
1. A Judicial and Bar Council is hereby created under the supervision
of the Supreme Court composed of the Chief Justice as ex officio Chairman, the
Secretary of Justice, and a representative of the Congress as ex officio Members,
a representative of the Integrated Bar, a professor of law, a retired Member of
the Supreme Court, and a representative of the private sector.
2. The regular members of the Council shall be appointed by the
President for a term of four years with the consent of the Commission on
Appointments. Of the Members first appointed, 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 Clerk of the Supreme Court shall be the Secretary ex officio
of the Council and shall keep a record of its proceedings.
4. The regular Members of the Council shall receive such emoluments
as may be determined by the Supreme Court. The Supreme Court shall provide in
its annual budget the appropriations for the Council.
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.
What is
the Judicial and Bar Council?
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.
Who are the member of the JBC?
The Constitution provides for the composition
of the JBC to include the following:
Ex-Officio Chairman
1. The Chief Justice
Ex-Officio Members
2.
The Secretary of Justice
3. A representative of the Congress
Regular Members
4. A representative of the Integrated Bar of the Philippines;
5. A professor of law;
6. A retired member of the
Supreme Court;
7. A representative from the
private sector.
Ex-Officio Secretary
Clerk of Supreme Court
How
are the members of the JBC appointed?
Members from the government
are automatically members of the JBC by virtue of their office. 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 serve 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.
What are the powers/functions of the JBC?
The principal function of the JBC is to recommend appointees to the Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it.
Who supervises the JBC and takes care of its appropriations?
The Supreme Court supervises the JBC and provides in the annual budget of the Court the appropriations of the JBC.
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