Combustión Progresiva Seca

and Collegiate Courts RTC Judge (B.P. 129, Sec. 15) MTC/ MCTC Judge (B.P. 129, Sec. 26) Citizenship Natural-born Filipino Age At least 40 years old At least 35

years old At least 30 years old

Experience 15 years or more as a judge of a lower court or has been engaged in the practice of law in the PHL for the same period

(a) Has been engaged for at least 5 years in the practice

of law* in the PHL; OR (b)

has held public office in the PHL requiring admission to the practice of law as an indispensable requisite

Tenure [Art. VIII, Sec. 11]

Hold office during good behavior until they reach the age of 70 or

become incapacitated to discharge their duties

Character [Art. VIII, Sec. 7(3)]

Person of proven competence, integrity, probity and independence

*“Practice of law” is not confined to litigation. It

means any activity in and out of court, which requires the application of law, legal procedure, knowledge, training and experience. [Cayetano v.

Monsod (1991)]

D.1. CONSTITUTIONAL REQUIREMENTS

Supreme Court Justice (1) Natural born citizens (2) At least 40 years of age

(3) Engaged in the practice of law or a judge of 15 years or more

(4) Must be of proven competence, integrity, probity and independence.

Lower Collegiate Courts (1) Natural born citizen

(2) Member of the Philippine Bar

(3) Must be of proven competence, integrity, probity and independence

(4) Such additional requirements provided by law.

Lower Courts

(1) Filipino citizens (Rules of the Judicial and Bar Council, Nov. 2000, Rule 2. Note the conflict between the Rules and B.P. 129; the Rules cite the Constitutional requirement, but disregarded the first clause of Art. VIII, Sec. 7(2), i.e. “The Congress shall prescribe the qualifications of judges of lower courts […]”)

(2) Member of the Philippine Bar

(3) Must be of proven competence, integrity, probity and independence.

(4) Such additional requirements provided by law.

Note: In the case of judges of the lower courts, the Congress may prescribe other qualifications. (art.VIII, sec. 7[3].

D.2. JUDICIAL AND BAR COUNCIL

Composition

Ex-officio members [Art. VIII, Sec. 8(1)] (1) Chief Justice as ex-officio Chairman (2) Secretary of Justice

(3) One representative of Congress Regular members [Art. VIII, Sec. 8(1)]

(1) Representative of the Integrated Bar (2) Professor of Law

(3) Retired member of the SC (4) Representative of private sector

Secretary ex-officio [Art. VIII, Sec. 8(3)] – Clerk of Court of the SC, who shall keep a record of its proceedings; not a member of the JBC. In the absence of the Chief Justice because of his impeachment, the most Senior Justice of the Supreme Court, who is not an applicant for Chief Justice, should participate in the deliberations for the selection of nominees for the said vacant post and preside over the

proceedings, pursuant to Section 12 of Republic Act No. 296, or the Judiciary Act of 1948. [Famela Dulay v. Judicial and Bar Council, GR No. 202143 (2012)]

Appointment, Tenure, Salary of JBC Members

Ex-officio members - None apply since the position in the Council is good only while the person is the occupant of the office.

Only ONE representative from Congress - Former practices of giving ½ vote or (more recently) 1 full vote each for the Chairmen of the House and Senate Committees on Justice is invalid.

The framers intended the JBC to be composed of 7 members only. Intent is for each co-equal branch of gov’t to have one representative. There is no dichotomy between Senate and HOR when Congress interacts with other branches. But the SC is not in a position to say who should sit. [Chavez v. JBC, G.R. No. 202242, Jul. 17, 2012] Regular members [Art. VIII, Sec. 8(2)] - The regular members shall be appointed by the President with the consent of the Commission on Appointments. The term of the regular members is 4 years.

But the term of those initially appointed shall be staggered in the following way so as to create continuity in the council:

(1) IBP representative - 4 years (2) Law professor - 3 years (3) Retired justice - 2 years (4) Private sector - 1 year

Primary function: Recommend appointees to the judiciary; may exercise such other functions and duties as the SC may assign to it. [Art. VIII, Sec. 8(5)]

Supervisory authority of SC over JBC

Art. VIII, Sec. 8 provides: “A Judicial and Bar Council is hereby created under the supervision of the Supreme Court.” The supervisory authority of the Court over the JBC covers the overseeing of compliance with its rules. [Jardeleza v. Judicial and Bar Council, G.R. No. 213181 (2014)]

D.3. PROCEDURE OF APPOINTMENT

The prohibition against midnight appointments does not apply to the judiciary. See De Castro v. JBC, (G.R. No. 191002, Mar. 17, 2010), discussed above.

D.4. DISQUALIFICATION FROM OTHER POSITIONS OR OFFICES

Art. VIII, Sec. 12. The Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions.

The SC and its members should not and cannot be required to exercise any power or to perform any trust or to assume any duty not pertaining to or connected w/ the administering of judicial functions. [Meralco v. Pasay Transportation Co. (1932)]

A judge in the CFI shall not be detailed with the Department of Justice to perform administrative functions as this contravenes the doctrine of separation of powers. [Garcia v. Macaraig, (1972)]

Any vacancy in the Supreme Court shall be filed within ninety (90) days from the

occurrence thereof. [Art. VIII, Sec. 4(1)] For lower courts, the President shall issue the appointment within ninety (90) d ays

from the submission by the JBC of such list. [Art. VIII, Sec. 9]

The JBC shall submit a list of three nominees for every vacancy to the President. (art. VIII, sec. 9)