Judicial and Bar Council
|Judician and Bar Council|
|Authorized by||Constitution of the Philippines|
The Judicial and Bar Council (JBC; Filipino: Sangguniang Panghukuman at Pang-abogasya) of the Philippines is a constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court, other lower courts, and the Legal Education Board, and in the offices of the Ombudsman, Deputy Ombudsman and the Special Prosecutor.
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, while the Clerk of the Supreme Court shall serve as the ex officio secretary.
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. The following members shall be given the full four-year term.
The regular members were allowed to be reappointed without limit. The Secretary of Justice serves at the pleasure of the president, while the representative of Congress serves until they are recalled by their chamber, or until the term of Congress that named them expires. Finally, the Chief Justice serves until mandatory retirement at the age of 70. The regular members' terms start at July 9.
In 2012, a petition at the Supreme Court questioned on who should occupy the seat allocated for Congress. Currently, there are two members of Congress in the council: the chairman of the House of Representatives Committee on Justice and the Chairman of the Senate Committee on Justice and Human Rights. The Supreme Court ruled in 2013 that there should only be one member of the JBC from Congress; the court left to Congress whom among the two would be its representative to the JBC.
The council is the only government body that has members from all three branches of the government, excluding ad hoc and advisory bodies.
The members of the Judicial and Bar Council are:
Ex officio chairman
Ex officio members
- Vitaliano Aguirre II - Secretary of Justice
- Representative from Congress - Either the Chairman of the Senate Committee on Justice and Human Rights, or the Chairman of the House Committee on Justice. Under the current arrangement, the congressman sits from January to June, while the senator sits from July to December.
- Ma. Milagros Fernan-Cayosa - Integrated Bar representative, a private practitioner
- Jose V. Mejia - representative from the academe
- Angelina Sandoval-Gutierrez - retired Associate Justice of the Supreme Court
- Toribio E. Ilao, Jr. - representative from the private sector
As a matter of tradition, the two (2) senior associate justices of the Supreme Court also take part in the JBC deliberations.
The function of the Council is to recommend to the representatives of possible appointees to the Judiciary.
The president shall choose from among those nominated, before the president may ask the Council to nominate somebody else and add it to the list, but this is not allowed anymore. 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.
Prior to the creation of the JBC, judges and justices were appointed by the president as per and the 1973 constitution, and with confirmation by the Commission on Appointments as per the 1935 constitution.
The members of the JBC were:
|JBC Ex Officio Chairpersons||Position||Start of Term||End of Term||Appointed by|
|Claudio Teehankee||Chief Justice||10 December 1987||12 April 1988||Corazon Aquino|
|Pedro L. Yap||Chief Justice||20 April 1988||29 June 1988||Corazon Aquino|
|Marcelo B. Fernan||Chief Justice||4 July 1988||5 December 1991||Corazon Aquino|
|Andres R. Narvasa||Chief Justice||8 December 1991||30 November 1998||Corazon Aquino|
|Hilario G. Davide, Jr.||Chief Justice||30 November 1998||19 December 2005||Joseph Estrada|
|Artemio V. Panganiban||Chief Justice||20 December 2005||6 December 2006||Gloria Macapagal Arroyo|
|Reynato S. Puno||Chief Justice||7 December 2006||17 May 2010||Gloria Macapagal Arroyo|
|Renato C. Corona||Chief Justice||17 May 2010||29 May 2012||Gloria Macapagal Arroyo|
|Antonio T. Carpio||Senior Associate Justice
|30 May 2012||16 July 2012||Benigno Aquino III|
|Diosdado M. Peralta||Associate Justice
|16 July 2012||13 August 2012||Benigno Aquino III|
|Maria Lourdes P.A. Sereno||Chief Justice||24 August 2012||incumbent||Benigno Aquino III|
Secretaries of Justice
|Secretaries of Justice||Start of Term||End of Term||Appointed by|
|Sedfrey A. Ordoñez||10 December 1987||18 December 1989||Corazon Aquino|
|Franklin M. Drilon||8 January 1990||2 July 1992||Corazon Aquino|
|Silvestre H. Bello III||16 July 1991||3 February 1992||Corazon Aquino|
|Eduardo G. Montenegro||17 February 1992||1 June 1992||Corazon Aquino|
|Franklin M. Drilon||22 July 1992||14 December 1994||Fidel V. Ramos|
|Demetrio G. Demetria||18 January 1995||17 March 1995||Fidel V. Ramos|
|Teofisto T. Guingona, Jr.||24 May 1995||28 January 1998||Fidel V. Ramos|
|Silvestre H. Bello III||18 February 1998||30 June 1998||Fidel V. Ramos|
|Serafin R. Cuevas||1 July 1998||10 February 2000||Joseph Estrada|
|Artemio G. Tuquero||11 February 2000||20 January 2001||Joseph Estrada|
|Hernando B. Perez||23 January 2001||15 January 2003||Gloria Macapagal-Arroyo|
|Simeon A. Datumanong||22 January 2003||December 2003||Gloria Macapagal-Arroyo|
|Merceditas N. Gutierrez||28 January 2004||31 August 2004||Gloria Macapagal-Arroyo|
|Raul M. Gonzalez||1 September 2004||30 May 2009||Gloria Macapagal-Arroyo|
|Agnes VST Devanadera||8 June 2009||28 February 2010||Gloria Macapagal-Arroyo|
|Alberto C. Agra||1 March 2010||30 June 2010||Gloria Macapagal-Arroyo|
|Leila M. De Lima||1 July 2010||12 October 2015||Benigno Aquino III|
|Alfredo Benjamin Caguioa||12 October 2015||22 January 2016||Benigno Aquino III|
|Emmanuel Caparas||22 January 2016||30 June 2016||Benigno Aquino III|
|Vitaliano N. Aguirre II||1 July 2016||incumbent||Rodrigo Duterte|
Representative from Congress
Since the creation of the JBC in 1987 until 1994, the representation for Congress in the body alternated between the House of Representatives and the Senate, by their respective Chairman of the Committee on Justice.
|Congress representative||House||Start of Term||End of Term|
|Rogaciano M. Mercado||House of Representatives||10 December 1987||23 February 1989|
|Wigberto E. Tañada||Senate||2 March 1988||21 May 1990|
|Isidro C. Zarraga||House of Representatives||31 July 1989||12 August 1992|
|Raul S. Roco||Senate||30 September 1992||3 March 1993|
Two representatives, half a vote each
By 1994, the two representatives from Congress began sitting simultaneously, each having one-half of a vote.
Two representatives, one vote each
On May 30, 2001, the JBC En Banc decided to grant the representatives from both Houses of Congress one full vote each.
On 2013, the eight-member composition of the JBC was questioned at the Supreme Court. The Supreme Court restored the composition of the JBC to seven. It was arranged that the representative of the House of Representatives sits from January to June, while the representative of the Senate sits from July to December.
|Congress representative||House||Start of Term||End of Term|
|Aquilino "Koko" Pimentel III||Senate||23 July 2013||31 December 2013|
|Niel C. Tupas, Jr.||House of Representatives||1 January 2014||30 June 2014|
|Aquilino "Koko" Pimentel III||Senate||1 July 2014||31 December 2014|
|Niel C. Tupas, Jr.||House of Representatives||1 January 2015||30 June 2015|
|Leila de Lima||Senate||26 July 2016||19 September 2016|
|Richard J. Gordon||Senate||29 September 2016||31 December 2016|
|Reynaldo Umali||House of Representatives||1 January 2017||incumbent|
Retired member of the Supreme Court
|Retired Supreme Court member representative||Start of Term||End of Term||Appointed by|
|Nestor B. Alampay||10 December 1987||10 December 1989||Corazon Aquino|
|Lorenzo R. Relova||8 January 1990||9 July 1993||Corazon Aquino|
|Jose C. Campos, Jr.||22 September 1993||9 July 1997||Fidel V. Ramos|
|Regino C. Hermosisima, Jr.||24 November 1997||9 July 2013||Fidel V. Ramos, Gloria Macapagal Arroyo, Benigno Aquino III|
|Angelina Sandoval Gutierrez||8 October 2014||9 July 2017||Benigno Aquino III|
Representative from the academe
|Academe representative||Start of Term||End of Term||Appointed by|
|Rodolfo C. Palma||10 December 1987||9 July 1994||Corazon Aquino|
|Cezar C. Peralejo||8 February 1995||9 July 1998||Fidel V. Ramos|
|Alfredo M. Marigomen||21 July 1998||9 July 2002||Joseph Estrada|
|Amado L. Dimayuga||9 July 2003||9 July 2010||Gloria Macapagal Arroyo|
|Jose V. Mejia||28 April 2011||9 July 2018||Benigno Aquino III|
Representative from the Integrated Bar
|Integrated Bar representative||Start of Term||End of Term||Appointed by|
|Leon M. Garcia, Jr.||17 June 1988||9 July 1991||Corazon Aquino|
|Presbitero J. Velasco, Jr.||7 January 1993||22 March 1995||Fidel V. Ramos|
|Francisco B. Santiago||1 August 1995||8 July 1996||Fidel V. Ramos|
|Amado L. Dimayuga||8 July 1997||9 July 2003||Fidel V. Ramos|
|Conrado P. Castro||9 July 2003||17 March 2011||Gloria Macapagal-Arroyo|
|Maria Milagros N. Fernan-Cayosa||2 May 2011||9 July 2019||Benigno Aquino III|
Representative from the private sector
|Private sector representative||Start of Term||End of Term||Appointed by|
|Ofelia C. Santos||10 December 1987||9 July 1992||Corazon Aquino|
|Teresita Cruz Sison||30 September 1992||9 July 2004||Fidel V. Ramos, Joseph Estrada|
|Raoul V. Victorino||12 July 2005||9 July 2008||Gloria Macapagal Arroyo|
|Aurora Santiago Lagman||13 October 2008||9 July 2016||Gloria Macapagal Arroyo, Benigno Aquino III|
|Toribio E. Ilao, Jr.||24 October 2016||9 July 2020||Rodrigo Duterte|
- 1987 Constitution, Article VIII, Section 8, Paragraph 1
- 1987 Constitution, Article VIII, Section 8, Paragraph 3
- 1987 Constitution, Article VIII, Section 8, Paragraph 2
- "SC asks JBC to comment on Chavez petition". GMANews.tv. 2012-07-03. Retrieved 2013-04-17.
- Punay, Edu (2012-07-03). "Only one member from Congress in JBC, SC affirms". Philippine Star. Retrieved 2013-04-17.
- newsinfo.inquirer.net, CA justice named to body that screens judicial appointees Archived 2008-09-07 at the Wayback Machine.
- 1987 Constitution, Article VIII, Section 8, Paragraph 5
- "JBC CHAIRPERSONS, EX OFFICIO AND REGULAR MEMBERS, EX OFFICIO SECRETARIES AND CONSULTANTS". Supreme Court of the Philippines. Retrieved 2012-08-25.
- Torres-Tupas, Tetch (2017-01-17). "SC to JBC: Answer petition on seat for solons at meetings". INQUIRER.net. Retrieved 2017-01-21.
- Chan Robles Virtual Law Library: Article 8
- Atty. Rita Linda V. Jimeno. "Attracting the best and the brightest". Retrieved 2006-08-08.