House OKs Judiciary Independence Enhancing Act

MANILA, Philippines - The House of Representatives has approved on second reading the proposed Judiciary Independence Enhancing Act, which seeks to ban the re-appointment of a regular member of the Judicial and Bar Council (JBC) who has served his full term.

The JBC is the body that screens appointees to the Supreme Court (SC) and lower courts.

Iloilo Rep. Niel Tupas Jr., justice committee chairman, said Bill 6040 disqualifies a regular member of the JBC from being reappointed to the council in any capacity once he has served the full term of office.

The disqualification applies to any person who has been appointed to serve the unexpired term of office of a regular member who dies, resigns or is incapacitated, provided that such appointee has served for at least two years.

Cavite Rep. Francis Gerald Abaya, one of the authors of the bill, said the reappointment ban aims to avoid the possibility where a JBC member, in his desire to be reappointed, succumbs to pressure from Malacañang to nominate a person based on political considerations instead of his qualifications.

Such possibility would seriously undermine the quality of judicial appointments and the independence of the judiciary as a whole, Abaya said.

He said the measure would enhance the independence of the judiciary by insulating it from political pressure.

The bill enumerates the regular members of the JBC as provided under the Constitution who shall be appointed by the President for a term of four years with the consent of the Commission on Appointments.

The regular members are one representative from the Integrated Bar of the Philippines (IBP), one professor of law, one retired SC justice and one representative from the private sector.

Other authors of Bill 6040 include Representatives Regina Reyes of Marinduque, Oscar Rodriguez of Pampanga, Ferdinand Hernandez of South Cotabato, Xavier Jesus Romualdo of Camiguin and Victoria Noel of party-list group An Waray.