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OFFICIAL GAZETTE OF THE REPUBLIC OF THE PHILIPPINES
THE OFFICIAL GAZETTE IS THE OFFICIAL JOURNAL OF THE REPUBLIC OF THE
PHILIPPINES. EDITED AT THE OFFICE OF THE PRESIDENT OF THE PHILIPPINES
UNDER COMMONWEALTH ACT NO. 638
HOMEABOUTBRIEFER: THE JUDICIAL AND BAR COUNCIL
Briefer: The Judicial and Bar Council
Basahin sa Filipino

THE JUDICIAL AND BAR COUNCIL

The Judicial and Bar Council’s (JBC) primary task is to recommend appointees to the Judiciary
and the Office of the Ombudsman for the President’s perusal. The council aims to enhance the
quality of the search, screening, and selection process, as well as insulate the process from undue
influence of any kind.

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

I. HISTORICAL PROGRESSION OF THE APPOINTMENT OF A CHIEF JUSTICE AND

MEMBERS OF THE JUDICIARY
The 1899 Constitution, which established the First Philippine Republic, was the first instance of
Philippine law providing for the creation of a Supreme Court of Justice (Supreme Court) and the
appointment of a President of the Supreme Court (Chief Justice). Title X, Article 80 mandates the
National Assembly, a legislative body, to be the appointing authority of the President of the
Supreme Court. This appointment, however, would need the concurrence of the President of the
Republic and his secretaries. This was the only break in an otherwise consistent history of a
President being the appointing authority.

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.”

II. WHY WAS THE JBC CREATED?

The idea of creating a JBC was introduced by former Chief Justice Roberto Concepcion during the
debates of the 1986 Constitutional Commission in order to depoliticize the process of
appointments. On July 14, 1986, Chief Justice Concepcion said that the JBC is “an innovation
made in response to the public clamor in favor of eliminating politics in the appointment of
judges.” He was also of the position that the creation of such a body was necessary because
“neither the President alone nor the Commission on Appointments would have the time and the
means necessary to study the background of every one of the candidates for appointment to the
various courts in the Philippines.” He stressed that the search for acceptable candidates would be
particularly difficult given the constitutional amendment stating that no one would be qualified for
judicial positions unless he or she “has a proven high sense of morality and probity”—an
amendment adopted that same morning, July 14. He said investigative agencies at the President’s
disposal, such as the National Bureau of Investigation, lack qualifications “to pass upon questions
of morality, integrity and competence of lawyers.”

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}}

2. A representative of the Integrated Bar of the Philippines;

3. A professor of law;

4. A retired member of the Supreme Court;

5. A representative from the private sector.

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.

IV. HOW ARE CANDIDATES NOMINATED?

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.

THE JBC CONVENES

The JBC convenes and prescribes specific dates for deadlines for the filing of nominations and the
form in which applications should be submitted. They then send out a call for applicants or
recommendations.

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.

APPLICATIONS/RECOMMENDATIONS ARE FILED

Applicants may file applications themselves or be recommended by other persons. Applications
must be filed personally or by registered mail sent to the Secretariat of the Council. A
recommended applicant must manifest acceptance either in the recommendation paper itself or in
a separate document. His or her acceptance must be filed before the deadline set by the Council.

A LIST OF APPLICANTS IS PUBLISHED

A long list of candidates shall be published in a Philippine newspaper of general circulation and in
a newspaper of local circulation in the province or city where the vacancy is located.

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}}

APPLICANTS ARE SCREENED BY THE JBC

Applicants and recommendees shall be screened based on set qualifications from the 1987
Constitution (a member of the Judiciary must be a citizen of the Philippines, a member of the
Philippine Bar, and a person of proven competence, integrity, probity, and independence) as well
as by office-specific qualifications set by the rules of the JBC (see sidebar).

They shall also be evaluated according to

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

4. Sound physical, mental, and emotional condition, by means of

Medical documents
Psychological/psychiatric tests
In addition, the following are disqualified from becoming nominees (see JBC Rule 4, Sec. 5 and
Sec. 6):

Those with pending criminal or regular administrative cases;

Those with pending criminal cases in foreign courts or tribunals; and
Those who have been convicted in any criminal case; or in an administrative case, where the
penalty imposed is at least a fine of more than P10,000, unless he has been granted judicial
clemency.
Members of the Judiciary facing administrative complaints under informal preliminary
investigation by the Court Administrator.
PUBLIC INTERVIEWS ARE HELD
The JBC will prepare a short list of candidates they wish to interview. The Council, en banc or any
authorized set of members of the Council, shall interview the candidates to “observe their
personality, demeanor, deportment, and physical condition; assess their ability to express
themselves, especially in the language of the law in court trials/proceedings and in their decisions
or rulings; test their mastery of the law and legal principles; inquire into their philosophies, values,
etc.; determine their probity and independence of mind; and evaluate their readiness and
commitment to assume and fulfill the duties and responsibilities of judgeship.” Only the members
of the JBC may ask questions during the interview.

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.

THE JBC VOTES ON THE LIST OF NOMINEES

A list of candidates that passed the screening process is submitted to the members of the JBC for
their final voting and approval. The JBC shall again meet in executive session for the final
deliberation. A majority of the members must approve of a candidate in order for his or her name
to be included in the final list of nominees that will be submitted to the President. A list of
nominees usually consists of five to six names.

THE PRESIDENT APPOINTS SOMEONE FROM THE LIST

The President may appoint anyone included in the list of the JBC with no need of confirmation by
Congress.

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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