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Friday, May 10, 2024

House OKs bill banning JBC members’ reappointment

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The  House  of  Representatives  has unanimously ratified the bicameral report on the bill banning the reappointment of members of the Judicial and Bar Council to the same position.

The ratified report on  House  Bill 6040 and Senate Bill 2419 will be forwarded to President Benigno Aquino III for enactment into law.

“After having met and fully discussed the subject matter in a conference committee on the disagreeing provisions of SB2419 and HB6040, the Conferees agreed to adopt the Senate version in toto,” Rep. Susan A. Yap (2nd District, Tarlac) said.

Yap, author of HB 6040, is optimistic that the proposed Judiciary Independence Enhancing Act will become law this 16th Congress.

“The proposed measure seeks to ban reappointments of members in the Council as it is quite probable that in a member’s desire to be reinstated, one would give in to the pressure induced by the executive,” Yap said.

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The conferees on the part of the Senate are Senators Aquilino   Pimentel III, Juan Edgardo Angara and Joseph Victor Ejercito.

On the part of the  House  of  Representatives, conferees are Yap and Reps. Niel C. Tupas Jr. (5th District, Iloilo), Silvestre Bello III (Party List, 1-BAP), Francis Gerald A. Abaya (1st District, Cavite), and Evelina G. Escudero (1st District, Sorsogon).

The regular members of the Judicial and Bar Council, a  Representative  of the Integrated Bar of the Philippines, a Professor of Law, a Retired Member of the Supreme Court, and a  Representative  of the Private Sector are appointed by the President for a term of four years with the consent of the Commission on Appointments.

Yap said the proposed Judiciary Independence Enhancing Act should further enhance the independence of the judiciary by insulating it from political pressure, providing equal opportunity to hold public office in the judiciary and promote better administration of justice in the country.

“This clearly undermines the independence and status of the judiciary as a whole.   The reappointment to the  JBC  will limit the opportunities of other equally qualified lawyers and legal experts to serve in the council,” Yap said.

Under the measure, a regular member of the  JBC  who has served two full terms of office, whether they be consecutive or not, shall be disqualified from being reappointed as a regular member of the council. CH

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