The Mission of the JBC^[1]

An independent judiciary is the touchstone of a strong, vibrant and dependable justice system.

Verily, the “United Nations Declaration of Basic Principles on the Independence of the Judiciary” solemnly declares that the quality of the judiciary hinges on the worth of the members composing it.  Section 8 of Article VIII of the Constitution mandates the creation of the Judicial and Bar Council (JBC) “under the supervision of the Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the private sector.”

The principal function of the Council is to recommend appointees to the judiciary.  For this purpose, the JBC is required to submit to the President a list of at least three nominees for every vacancy in all courts in the Philippines.  From this JBC list, the President shall appoint the judge.

By minimizing political considerations and emphasizing merit, the Constitution thereby assures that only men and women of “competence, integrity, probity and independence” would occupy seats in the judiciary.

Simply stated, the JBC’s work runs along three main activities: search, screen and select.

Search

At the initiative of Chief Justice Artemio V. Panganiban, who is the ex officio chairperson of the JBC, the Council now conducts an activist search for candidates to vacant courts. Thus, the scope and breadth of the search is being expanded. Nationwide dialogues with various sectors interested in improving the quality of judges are ongoing as well.

Harnessing the power of the media and information technology to reach more people, the JBC resorts to radio and television public service announcements. Moreover, this website has been developed to make the Council more accessible and more transparent in its processes, as well as to provide a more efficient feedback mechanism for the public.

Screen

The Council has embarked on a more thorough and transparent screening of candidates. Apart from evaluating their qualifications, it now conducts background investigations as well as psychological and psychiatric examinations. It also considers administrative complaints against the candidates aside from their track records, educational backgrounds, bar ratings, publications, employment records, and -- with respect to judges -- quality of decisions and speed of disposition of cases.  In addition, personal interviews of all applicants and nominees are conducted for all judicial positions.

Select

A stricter process of selection has also been put in place. With the implementation of Rule 10, Section 2 of the JBC Rules, a candidate shall now be disqualified upon the negative vote of even a single member on the crucial issue of integrity. That judges must meet the strictest standards of integrity -- in addition to competence, probity, and independence -- cannot be overemphasized.

Upon the successful implementation of these initiatives, our people can look forward to a more proactive, more transparent, and more accountable Judicial and Bar Council.  Only then can we ensure that the seats of justice shall be occupied by magistrates of utmost integrity, independence, industry, and intelligence -- the four Ins of an ideal judge.