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SBN-1710 Judiciary Independence Enhancing Act of 2007

SBN-1710 Judiciary Independence Enhancing Act of 2007

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Published by J. O. M. Salazar
AN ACT BANNING THE RE-APPOINTMENT OF A REGULAR MEMBER OF THE JUDICIAL AND BAR COUNCIL (JBC) WHO HAS ALREADY SERVED THE FULL TERM
AN ACT BANNING THE RE-APPOINTMENT OF A REGULAR MEMBER OF THE JUDICIAL AND BAR COUNCIL (JBC) WHO HAS ALREADY SERVED THE FULL TERM

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Published by: J. O. M. Salazar on Dec 19, 2009
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06/27/2010

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FOURTEENTH CONGRESS
OF
THE REPUBLIC
1
OF
THE
PHILIPPINES
)
.
cruo
v
1l.i
First
Regular
Session
1
SENATE
S.B.
NO.
_I_
Introduced by Senator Benign0
S.
quino
I11
Recent history has proven to
us
that the judiciary
is
truly the
last
bulwark of constitutional rights and liberties. In
a
fledgling democracylike ours, the judiciary is
a
beacon of light when darkness looms
and
ourright
as a
people
is
violated by the high and the mighty. The judiciary
as
an interpreter of laws and in some cases, the arbiter between thebranches of our government should be peopled with men and women ofintegrity, independence, loyalty to our Constitution and above all efficientpublic servants whose morality and integrity are beyond reproach andshould not be beholden to any powers that be in order for them toperform their functions with zeal and excellence.The composition of the Judicial and Bar Council (JBC)
is
providedfor under Section
8,
Article
VI11
of the
1987
Constitution. The function
of
the JBC
is
to recommend to the President appointees to the Judiciaryand from among the nominees, the President appoints judges andjustices without need for confirmation by the Commission onAppointments. Note should also be taken that the regular members
of
the
JBC
as
provided for under Section
8
(2),
Article
VlII
are
also
appointed by the President.This bill seeks to ban reappointments to the JBC in order to avoidthe possibility of instances where its members, in their desire to bereappointed to the Council, succumb to pressure from the executive tonominate individuals based
on
political considerations instead of theiractual merits and qualifications, seriously undermining the quality
of
judicial appointments and the independence of the judiciary
as
a
whole.Moreover, reappointments to the JBC may also result in
a
loss
of
opportunity for other lawyers and legal experts to serve in the council,limiting the number of potentially talented individuals who might informand enlighten the Council with their views and insights.In the end, enhancing the independence of the JBC by avoidingpolitical considerations and providing equal access and opportunity topublic office will strengthen the independence of our judiciary, ultimatelypromoting the fair administration
of
justice in this country.For the foregoing reasons, the approval of
 
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16
FOURTEENTH CONGRESS OF THE REPUBLIC
OF
THE PHILIPPINESFirst
Regular Session
SENATE
S.B.
No.
Introduced by Senator Benign0S.Aquino
111
AN ACTJUDICIAL AND BAR COUNCIL (JBC) WHO HAS ALREADY SERVEDTHE FULL TERM.
Be
it
enacted by
the
Senate and
the
House
of
Representatives
of
thePhilippines
in
Congress assembled:
BANNING THE RE-APPOINTMENT
OF
A REGULAR MEMBER OF THESECTION
1.
Short Title.
This Act shall be known
as
the
"JudiciaryIndependence Enhancing Act
of
2007".
SEC.2.
Declaration
of
Policy.
-
It
is
hereby declared the policy
of
the State to enhance the independence of the judiciary by insulating
it
from political pressure.
SEC.3.
Definition.
-
For purposes
of
this Act and pursuant toSection
8
(2),
Article
VI11
of the
1987
Constitution, the following are theregular members of the Judicial and Bar Council, appointed by thePresident for
a
term of four years with the consent of the Commission
on
Appointments:
a.
Representative of the Integrated Bar
of
the Philippines;b. Professor of Law;c. Retired Member of the Supreme Court; andd. Representative of the Private Sector.
SEC.4.
Persons
Covered
-
A
regular member
of
the Judicial andBar Council who has completed the service of his/her term of office shall
1

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