Constitutional Safeguards to Insure Independence of the Judiciary

The following are the constitutional safeguards to maintain judicial independence:

1) The Supreme Court is a constitutional body and cannot be abolished by mere legislation.

2) The members of the Supreme Court cannot be removed except by impeachment.

3) The Supreme Court cannot be deprived of its minimum jurisdiction prescribed in Section 5, Article X of the Constitution.

4) The appellate jurisdiction of the Supreme Court cannot be increased by law without its advice and concurrence.

5) Appointees to the Judiciary are nominated by the Judicial and Bar Council and are not subject to confirmation by the Commission on Appointments.

6)  The Supreme Court has administrative supervision over all lower courts and their personnel.

7) The Supreme Court has exclusive power to discipline Judges of lower courts.

8) The Members of the Judiciary have security of tenure, which cannot be undermined by a law reorganizing the Judiciary.

9)  Members of the Judiciary cannot be designated to any agency  performing quasi-Judicial or administrative functions.

10) The salaries of Members of the Judiciary cannot be decreased during their continuance in office.

11) The Judiciary has fiscal autonomy.

12) The Supreme Court has exclusive power to promulgate rules of pleading, practice and procedure.

13) Only the Supreme Court can temporarily assign judges to other stations.

14) It is the Supreme Court who appoints all officials and employees of the Judiciary. (Cruz, Philippine Political Law, 1995 ed. (pp. 229-31.) Political Law Bar Question 2000

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Appointment to the Judiciary

Sections 7, Article VIII,  1987 Constitution

1. No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court must be at least forty years of age, and must have been for fifteen years or more, a judge of a lower court or engaged in the practice of law in the Philippines.

2. The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.

3. A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.

Section 9. The Members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation.

For the lower courts, the President shall issue the appointment within ninety days from the submission of the list.

A. QUALIFICATIONS

1. Members of the Supreme Court

a. Natural-born citizen;

b. At least 40 years old;

c. Have been for 15 years or more, a judge of a lower court or engaged in the practice of law in the Philippines

d. Of proven competence, integrity, probity, and independence

2. Members of the Court of Appeals

- same qualifications as those provided for Justice of the Supreme Court

3. Regional Trial Court Judges

a. Natural-born citizen;

b. At least 35 years old;

c. At least 10 years of law practice in the Philippines or holding office requiring admission to the bar as a prerequisite

d. Of proven competence, integrity, probity, and independence

4. Metropolitan, Municipal and Municipal Circuit Trial Court Judges

a. Natural-born citizen;

b. At least 30 years old;

c. At least 5 years of law practice in the Philippines or holding office requiring admission to the bar as a prerequisite

d. Of proven competence, integrity, probity, and independence

B. PROCEDURE IN APPOINTMENT

The Members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicialand Bar Council for every vacancy. Such appointments need no confirmation.

For the lower courts, the President shall issue the appointment within 90 days from the submission of the list.

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Judicial and Bar Council

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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