Judicial and Bar Council (JBC) - Composition

1. Constitutional Basis The Judicial and Bar Council (JBC) was established under Article VIII, Section 8 of the 1987 Philippine Constitution. It is a body designed to depoliticize and professionalize the selection process of judicial officers, ensuring the appointment of competent, moral, and independent individuals to the judiciary. Its primary function is to recommend appointees to the judiciary to the President of the Philippines.

2. Composition of the Judicial and Bar Council The JBC is composed of seven (7) members as provided under Section 8(1), Article VIII of the Constitution. These are:

Chief Justice of the Supreme Court (Ex-Officio Chairman):
- The Chief Justice serves as the head of the JBC in an ex-officio capacity, meaning they do not hold this position by appointment but by virtue of their role as the head of the judiciary.
Secretary of Justice (Ex-Officio Member):
- As a member of the executive branch, the Secretary of Justice sits as an ex-officio member. This position ensures that the executive branch is represented in the selection process of judicial nominees.
Representative of Congress (Ex-Officio Member):
- The 1987 Constitution originally provided for only one representative from Congress. However, subsequent interpretation and practice allowed both the Senate and the House of Representatives to each have a representative in the JBC, making Congress effectively have two representatives. This practice was the subject of controversy, leading to conflicting interpretations of the Constitution regarding the number of congressional representatives allowed in the JBC.
Representative of the Integrated Bar of the Philippines (IBP):
- The IBP is the official organization of Philippine lawyers. It nominates a member who represents the bar. This ensures that the legal profession has a voice in the selection of judicial candidates.
Professor of Law Representative:
- The JBC includes an academic representative, typically a distinguished law professor, to provide an educational perspective on judicial appointments.
Retired Justice of the Supreme Court Representative:
- A retired justice of the Supreme Court is included to offer insights based on their judicial experience, ensuring that past judicial wisdom plays a role in selecting future justices.
Private Sector Representative:
- The private sector representative is usually a lawyer from private practice or the business sector, ensuring that there is input from non-governmental stakeholders in the process.

3. Terms of Members

According to Article VIII, Section 8(2) of the Constitution, the regular members of the JBC serve for a term of four (4) years, without reappointment.
However, ex-officio members serve as long as they hold their respective offices (e.g., the Chief Justice, Secretary of Justice, and Congressional Representatives).

4. Powers and Functions of the Judicial and Bar Council

Recommendation of Nominees: The JBC submits a list of at least three (3) nominees for each vacancy in the judiciary to the President, from which the President is required to appoint one. The President is constitutionally mandated to make appointments from this list.
Vetting Process: The JBC is responsible for screening applicants and nominees to the judiciary. This process includes the publication of the names of applicants, conducting public interviews, reviewing their qualifications, and receiving feedback from the public. The JBC uses rigorous standards to evaluate the integrity, competence, independence, and moral fitness of the candidates.
Confidential Deliberations: While the JBC conducts public interviews and accepts public feedback, its final deliberations on the candidates are conducted in confidence. This ensures that the council can freely discuss the merits and demerits of each candidate without external pressures.

5. Representation of Congress: The Debate

The original provision of the 1987 Constitution under Section 8(1) only provided for "a representative of Congress," leading to a debate on whether this should mean one representative for both the Senate and the House, or one representative from each chamber.
In 2013, the Supreme Court addressed this in Chavez v. Judicial and Bar Council (G.R. No. 202242, July 17, 2013), where it ruled that only one representative from Congress should sit as a member of the JBC, to adhere to the original intent of the Constitution.
The ruling caused friction, as previously, both the Senate and the House of Representatives sent one representative each to the JBC. After the ruling, the legislature alternates the representation between the Senate and the House of Representatives.

6. Quorum and Decision-Making

Section 8(1) of Article VIII of the Constitution is silent on the issue of a quorum. The JBC, however, follows its own rules of procedure, which require the presence of a majority of its members to constitute a quorum for its meetings and decision-making processes.
Decisions on the list of nominees to be submitted to the President are usually made by a majority vote.

7. Safeguards and Impartiality

Anti-political safeguards: The composition of the JBC was designed to prevent undue political influence in judicial appointments by balancing the executive, legislative, and judicial powers and including representatives from the legal profession, academe, and the private sector.
Independence: By incorporating non-governmental members (IBP representative, law professor, and private sector representative), the JBC ensures that independent and impartial perspectives guide the selection of judicial candidates.

8. Challenges and Issues

Executive Influence: There have been concerns that the executive branch, by virtue of the President’s power of appointment and the inclusion of the Secretary of Justice in the JBC, still holds considerable influence over judicial appointments.
Public Scrutiny: While the JBC strives for transparency, there are critiques that its processes, particularly the final deliberations, are not entirely open to the public, potentially diminishing the perception of transparency.

9. Appointment Process

Once the JBC has finalized its list of nominees, it submits this list to the Office of the President. The President is constitutionally obligated to make an appointment from the list within 90 days from the occurrence of the vacancy, as required by Section 9, Article VIII of the 1987 Constitution.
Appointment to the Supreme Court: The appointment process for vacancies in the Supreme Court is particularly crucial, given the significance of the Court’s role in constitutional and political questions. The same JBC process applies, but the vetting of candidates may involve more rigorous scrutiny due to the weight of the position.

Conclusion The Judicial and Bar Council is a critical institution that ensures a merit-based, depoliticized process for the selection of judges in the Philippines. Through its diverse composition, the JBC incorporates inputs from multiple sectors of society, balancing governmental and independent interests in its recommendations for judicial appointments. However, the debates around its composition, especially the representation of Congress, and concerns over transparency and executive influence, continue to shape the discourse on its role in the judicial system.