Aside from having the power to screen nominees for the Judiciary, the consultative committee tasked by President Rodrigo Duterte to review the 1987 Constitution is looking at giving the Judicial Bar Council additional powers to discipline officials and employees in the Judiciary.
This will be among the proposed provisions which will be submitted to the en banc for final voting next week, Con-Com Senior Technical Assistant and spokesperson Ding Generoso said in a press conference at the Philippine International Convention Center on Wednesday.
Generoso said the JBC would be renamed as the Judicial Appointments and Disciplinary Council to reflect its broader powers, functions, and coverage of vetting.
“It is proposed that the Judicial and Bar Council shall be renamed Judicial Appointments and Disciplinary Council because the Con-Com wants to add to its powers and functions, not just screening of nominees for Judiciary but other functions as well,” Generoso said.
The principal function of the current JBC is to recommend appointees to the Judiciary where members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three nominees preferred by the council.
However, the Con-Com wanted the proposed JADC to also have powers of vetting for promotion and transfer of justices and judges and investigation of complaints about appropriate disciplinary action.
The JADC will have the power to conduct a thorough search and investigation to find the most qualified candidates for vacant positions of justices and judges in the Judiciary and recommend to the proper appointing authority the promotion or transfer of justices and judges.
It may also investigate cases filed against members and employees of the Judiciary and submit findings to the high court that has control and supervision over the subject of complaint or investigation.
The JADC will decide by a majority vote of all the members sitting en banc.
Generoso said the Con-com wanted to change the composition of the JBC.
Under the current Constitution, the JBC is composed of three Ex-Officio members namely the Chief Justice of the Supreme Court who will sit as ex-officio chairman, Secretary of Justice, and Representative of Congress.
It is also composed of four regular members namely a representative of the Integrated Bar, a professor of law, a representative of the private sector, and a retired member of the Supreme Court.
Regular members are appointed by the President for a term of four years; confirmed by the Commission on Appointments.
The JBC is also under the supervision of the Supreme Court.
However, under the proposed Federal system, the Concom wants there to be 10 ex-Officio members namely Chief of Justice of the Federal Supreme Court, presiding Justice of the Federal Constitutional Court, presiding Justice of the Federal Administrative Court, representative from the Senate, representative from the House of Representatives, Ombudsman, Chairman of the Commission on Audit, Chairman of the Civil Service Commission, Secretary of Justice and Court Administrator of the Federal Supreme Court.