QUIZ 1: ARTICLE VIII (Judiciary Department)

Write a concurring opinion and a dissenting opinion for the motion.

ABOLISH THE JUDICIAL AND BAR COUNCIL.

Article VIII, Section 8.

(1) A Judicial and Bar Council is hereby created 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.

(2) The regular members of the Council shall be appointed by the President for a term of four years with the consent of the Commission on Appointments. Of the Members first appointed, the representative of the Integrated Bar shall serve for four years, the professor of law for three years, the retired Justice for two years, and the representative of the private sector for one year.

(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its proceedings.

(4) The regular Members of the Council shall receive such emoluments as may be determined by the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for the Council.

(5) The Council shall have the principal function of recommending appointees to the Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it.

A. Concurring Opinion:
(5 points)

Make a case for the abolition of the Judicial and Bar Council.

1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.
2. Explain why the rationale is flawed.
3. Propose an amendment. Justify your proposal.

B. Dissenting Opinion:
(5 points)

Make a case for the status quo (current state of affairs).

1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.
2. Explain why the rationale is correct.
3. Justify why the Judicial and Bar Council should stay.

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49 Responses

  1. A. Concurring Opinion:
    (5 points)
    Make a case for the abolition of the Judicial and Bar Council.
    _____________________________________________
    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.
    _____________________________________________
    The Judicial and Bar Council is a constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court and other lower courts. The very rationale of the Judicial and Bar Council creation and existence is itself the main argument for its continued existence – THE NECESSITY OF ATTAINING AND PRESERVING THE INDEPENDENCE OF THE JUDICIARY.
    _____________________________________________
    2. Explain why the rationale is flawed.
    _____________________________________________
    The rationale is flawed because of the appointing power of President. He/she could appoint the members of his/her choice from the list of justices recommended. The matter is that he/she appoints those who are in his/her favor.
    _____________________________________________
    3. Propose an amendment. Justify your proposal.
    _____________________________________________
    A better method would be to limit the Presidents’ power of appointment to nominees proposed by a Judicial Nominating Commission, composed of judges, lawyers and laymen. The Commission would be charged with the duty of conducting careful checks into the background of all nominees, giving full publicity to the identity of the candidates and seeking out the best available talent to fill the vacancies from the lowest to the highest in the judiciary.

    B. Dissenting Opinion:
    (5 points)
    Make a case for the status quo (current state of affairs).
    _____________________________________________
    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.
    _____________________________________________
    The Judicial and Bar Council is a constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court and other lower courts. The very rationale of the Judicial and Bar Council creation and existence is itself the main argument for its continued existence – THE NECESSITY OF ATTAINING AND PRESERVING THE INDEPENDENCE OF THE JUDICIARY.
    _____________________________________________
    2. Explain why the rationale is correct.
    _____________________________________________
    The rationale is correct because the Judicial and Bar Council is impartial and not subject to influence from the other branches of government or from private or political interests.
    _____________________________________________
    3. Justify why the Judicial and Bar Council should stay.
    _____________________________________________
    It is mandated that the Judicial and Bar Council shall have the principal function of nominating appointments to the Judiciary. The Justices of the Supreme Court, the Court of Appeals, the Sandiganbayan and the Judges of the lower courts, and the Ombudsman and his Deputies shall, in addition to other requirements, be appointed by the President of the Philippines from a list of at least three nominees proposed by the Judicial and Bar Council for every vacancy. For this purpose, it is necessary for the Judicial and Bar Council to stay and exist.

  2. A. Concurring Opinion:

    Make a case for the abolition of the Judicial and Bar Council.
    ___________________________________________________

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.

    The Judicial and Bar Council of the Philippines was created with the principal function of nominating appointments to the Judiciary Department. The Justices of the Supreme Court, the Court of Appeals, the Sandiganbayan and the Judges of the lower courts, and the Ombudsman and his Deputies shall be chosen by the President of the Philippines from a list of nominees submitted by the Judicial and Bar Council for every position vacancy. the primary rationale is to attain and preserve the independence of the judiciary.

    2. Explain why the rationale is flawed.

    The statement: “The regular members of the Council shall be appointed by the President for a term of four years with the consent of the Commission on Appointments.” is the main flaw of the rationale. The president being a member of a separate department namely the Executive Department must not have control over the judiciary department for it might cause bias.

    3. Propose an amendment. Justify your proposal.

    An amendment which can be proposed is the removal of the right of the president to appoint in certain positions which should be in the concern of the Judiciary Department. Instead, the Council could ask the president for his/ her opinion concerning their nominees but the final decision shall still be under the Judiciary.

    B. Dissenting Opinion:

    Make a case for the status quo (current state of affairs).
    _____________________________________________________

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.

    The Judicial and Bar Council of the Philippines was created with the principal function of nominating appointments to the Judiciary Department. The Justices of the Supreme Court, the Court of Appeals, the Sandiganbayan and the Judges of the lower courts, and the Ombudsman and his Deputies shall be chosen by the President of the Philippines from a list of nominees submitted by the Judicial and Bar Council for every position vacancy. the primary rationale is to attain and preserve the independence of the judiciary.

    2. Explain why the rationale is correct.

    The rationale is correct because the Judicial Bar and Council is created under the direct supervision of the Supreme Court headed by the Chief Justice and is composed of the Secretary of Justice, and a representative of the Congress, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the private sector.

    3. Justify why the Judicial and Bar Council should stay.

    The Judicial and Bar Council must stay because it serves as an answer to the public clamor in favor of eliminating politics from the appointment of judges in the country

  3. hello sir..ang hirap sabay pa po ng finals..pwede po b move yung deadline??

  4. A. Concurring Opinion

    Make a case for the abolition of Judicial and Bar council.
    —————————————————————————
    1. State the rationale (reason of being) of the creation of the Judicial and Bar Council.

    The Judicial and Bar Council of the Philippines was created with the main function of recommends appointees for vacancies in the Supreme court and other lower court. Primary rationale is to preserve independence in judiciary.

    2. Explain why the rationale is flawed.

    The rationale is flawed because even though the list is suggested by the Judicial and Bar Council, it is still the president who holds the final decision.

    3. Propose an amendment. Justify your proposal.

    it would be better if the Judicial and Bar council would be the one the to also appoint positions since they have the best knowledge who’s better to place in such positions and have the presidents appointing powers removed.

    B. Dissenting Opinion

    Make a case for the status quo (current state of affairs)
    —————————————————————————-
    1. State the rationale (reason of being) of the creation of the Judicial and Bar Council.

    The Judicial and Bar Council of the Philippines was created with the main function of recommends appointees for vacancies in the Supreme court and other lower court. Primary rationale is to preserve independence in judiciary.

    2, Explain why the rationale is correct.

    The rationale is correct since the judicial is independent from any influences of other branches of the governement thus not affecting their decision.

    3. Justify why the Judicial and Bar Council should stay.

    It should stay because it is the one that nominates appointees for justices in supreme court and other lower courts and there no other that can best do this role than the judicial and bar council.

  5. Make a case for the abolition of the Judicial and Bar Council.

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council

    The JBC is created so that there will be a non-political process of selection and appointment for the position of Judges of the Supreme Court. By vesting the appointing power to the President, there should be a check to his/her power. He/she can’t appoint known allies for a position in the Supreme Court because the people of the Philippines might doubt the integrity of the Supreme Court.

    2. Explain why the rationale is flawed

    It is flawed because just like any other being, the persons who will be the members of the Council can be bribed or indirectly influenced thus lessening the independent status of the JBC.

    3. Propose an amendment. Justify your proposal.

    a good suggestion would be that the JBC will be the one who will appoint who will be the Judges of the Supreme Court and all lower courts because they are the one who knows who will be the best for that position. They are more close to the person rather that the President who nay only know the candidate by name.

    B. Dissenting Opinion:
    (5 points)

    Make a case for the status quo (current state of affairs).

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council

    The JBC is created so that there will be a non-political process of selection and appointment for the position of Judges of the Supreme Court. By vesting the appointing power to the President, there should be a check to his/her power. He/she can’t appoint known allies for a position in the Supreme Court because the people of the Philippines might doubt the integrity of the Supreme Court.

    2, Explain why the rationale is correct.

    It is correct because there is no flaw in the provision. the JBC is very much insulated from political influences because the Chief Justice will supervise who will compose the rest of the Council.

    3. Justify why the Judicial and Bar Council should stay

    It should stay because it is a fool-proof provision. the members of the Council comes from different sectors thus having different opinions and suggestion for the candidates for Justices.

  6. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    A – Concurring Opinion:
    Make a case for the abolition of Judicial and Bar Council.

    1 – State the rationale (reason for being) of the creation of the Judicial and Bar Council
    The Judicial and Bar Council has been mandated that the Judicial and Bar Council shall have the principal function of nominating appointments to the Judiciary. The Justices of the Supreme Court, the Court of Appeals, the Sandiganbayan and the Judges of the lower courts, and the Ombudsman and his Deputies shall, in addition to other requirements, be appointed by the President of the Philippines from a list of at least three nominees proposed by the Judicial and Bar Council for every vacancy. Only those nominated by the Council in a list to be officially transmitted to the President may be appointed by the latter as Justices or Judges or as Ombudsman or Deputy Ombudsman.

    2 – Explain why the rationale is flawed.
    The rationale is flawed because the president can choose to deny the list given to him/her by the council and have them provide him/her another list that would suit his/her preferences. This may suggest that the president can make the council make lists over and over again until he/she sees the name of an already preconceived candidate.

    3 – Propose an amendment. Justify your proposal.
    I propose that the President shouldn’t be the only one in appointing such positions. We are a democratic country. We must roll with how democracy rolls. The houses should also have power of appointing appointees.

    B – Dissenting Opinion:
    Make a case for the status quo (current state of affairs).

    1 – State the rationale (reason for being) of the creation of the Judicial and Bar Council.
    The Judicial and Bar Council has been mandated that the Judicial and Bar Council shall have the principal function of nominating appointments to the Judiciary. The Justices of the Supreme Court, the Court of Appeals, the Sandiganbayan and the Judges of the lower courts, and the Ombudsman and his Deputies shall, in addition to other requirements, be appointed by the President of the Philippines from a list of at least three nominees proposed by the Judicial and Bar Council for every vacancy. Only those nominated by the Council in a list to be officially transmitted to the President may be appointed by the latter as Justices or Judges or as Ombudsman or Deputy Ombudsman.

    2 – Explain why the rationale is correct.
    The rationale is correct. You know why? The very rationale of the JBC’s creation and existence is itself the main argument for its continued existence. This is, “THE NECESSITY OF ATTAINING AND PRESERVING THE INDEPENDENCE OF THE JUDICIARY.”

    3 – Justify why the Judicial and Bar Council should stay.
    The Judicial and Bar Council should stay because lessen the load of responsibilities of either supreme court or lower courts. It is also the maid of the Philippine government. It organizes all what the government is doing in terms of appointees.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

  7. A. Concurring Opinion:
    (5 points)
    >________________________________________________________________________________________________________________________________________________________________________________________________________________________________<

  8. Sir bakit ganun?
    isang oras ako nagtype tapos nasira nung nagpost akoT_T

  9. A. Concurring Opinion:
    (5 points)

    Make a case for the abolition of the Judicial and Bar Council.

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.

    The function of the Council is to recommend to the president of possible appointees to the Judiciary.

    The president shall choose from among those nominated, although she may ask the Council to nominate somebody else and add it to the list. The person then chosen by the president then becomes a member of the Judiciary, and is not anymore reviewed by the Commission on Appointments. This is to prevent politicking and horse-trading among political parties.

    Former Chief Justice Artemio Panganiban said that the Council’s principal objective is to attract the best and brightest to the judiciary and to make them remain there.

    2. Explain why the rationale is flawed.

    “The president shall choose from among those nominated, although she may ask the Council to nominate somebody else and add it to the list.”
    Lumalabas na parang wala din silbi ang trabaho ng JBC dahil nasa presidente pa rin ang huling desisyon kung sino ang magiging kasapi mga kasapi ng korte.
    Kung sakaling mas iniintindi ng presidente ang kanyang pang sariling kapakan walang mangyayari sa mga nominasyon ng JBC hanggat hindi pumapabor sa kanya ang sitwasyon. Parang nakikipag-usap lang tuloy ang JBC sa pader.

    3. Propose an amendment. Justify your proposal.

    Dapat siguro ay maging parang eleksyon na lang ang pagpili mula sa listahan na ibibigay ng JBC. Ang mga boboto ay ang president, v. pres., senate pres., house speaker at chief justice. Kung sino man ang makakuha ng pinakamataas sa listahan ang mapipili para sa posisyon.

    B. Dissenting Opinion:
    (5 points)

    Make a case for the status quo (current state of affairs).

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.

    The function of the Council is to recommend to the president of possible appointees to the Judiciary.

    The president shall choose from among those nominated, although she may ask the Council to nominate somebody else and add it to the list. The person then chosen by the president then becomes a member of the Judiciary, and is not anymore reviewed by the Commission on Appointments. This is to prevent politicking and horse-trading among political parties.

    Former Chief Justice Artemio Panganiban said that the Council’s principal objective is to attract the best and brightest to the judiciary and to make them remain there.

    2. Explain why the rationale is correct.

    Dati kasi ay kailangan pang dumaan ng mga ina-appoint sa com. on appointments para makuha ang posisyon. Dahil dito, masyado tuloy naiimpluwensyahan ng pulitika ang mga nominado. Malamang ay napipilitan ang iba na gumawa ng ‘di kanais-nais na mga hakbang para lamang matanggap sa posisyon. Ginawa ang JBC para maiwasan ang ganitong mga pagkakataon.

    3. Justify why the Judicial and Bar Council should stay.

    Dapat manatili ang Judicial and Bar Council dahil sa pamamagitan nila ay nababawasan ang mga problema na nangyayari sa mga nakaraang paraan ng pagpili ng mga miyembro ng hudikatura. Sa ngayon ay ang JBC ang pinakamagandang solusyon sa problema. Mas mabuti nang manatili ang JBC kaysa sa wala…..

  10. A.Concurring Opinion:
    Make a case for the abolition of the Judicial and Bar Council.
    ==========================================

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.
    >The Judicial and Bar Council recommends appointees in the judiciary. They handle the Philippine Bar Examinations. The main rationale of the Judicial and Bar Council creation and existence is the necessity of attaining and preserving the independence of the judiciary.

    2. Explain why the rationale is flawed.
    > The rationale is flawed because the president appoints the members of the Judicial and Bar Council. The president may appoint whomever he/she wants to control the judiciary department and be assured that it is in his/her He/she could appoint the members of his/her preference to be able to manipulate list of justices to be recommended and be sure that they are in his or her favor.

    3. Propose an amendment. Justify your proposal.
    >It is better if the justices themselves would have the appointing power in the council instead of the president to avoid bias. It is better if the president would just be asked of his/her opinion regarding the said matter.

    B. Dissenting Opinion:
    Make a case for the status quo (current state of affairs).
    ==========================================

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.
    > The Judicial and Bar Council recommends appointees in the judiciary. They handle the Philippine Bar Examinations. The main rationale of the Judicial and Bar Council creation and existence is the necessity of attaining and preserving the independence of the judiciary.

    2. Explain why the rationale is correct.
    >The rationale is correct because the Judicial Bar and Council is created under the direct supervision of the Supreme Court. Another is that, the Judicial and Bar Council shows no bias for the president does the appointing.

    3. Justify why the Judicial and Bar Council should stay.
    >The Judicial and Bar Council should stay for it serves many purposes including the handling of the Philippine Bar Exams and the function of nominating appointments to the Judiciary department.

  11. A. Concurring Opinion:
    (5 points)
    Make a case for the abolition of the Judicial and Bar Council.

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.
    The council’s primary function is for it to recommend appointees to the seats of the judiciary, or any other tasks assigned to it by the Supreme court as one of its arms.

    2. Explain why the rationale is flawed.
    The main flaw in my opinion is the fact that he president is the one to personally assign the members of the Judicial and Bar council. In that sense, the president may appoint only those who he/she favors, therefor biases on the selection might arise which may be in favor to the president.

    3. Propose an amendment. Justify your proposal.
    A solution is for the higher and lower courts to vote for themselves their candidates. That way, the members of the couts themselves, since it is more likely that the members know who amongst themselves are fit for the positions.

    B. Dissenting Opinion:
    (5 points)
    Make a case for the status quo (current state of affairs).

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.
    The council’s primary function is for it to recommend appointees to the seats of the judiciary, or any other tasks assigned to it by the Supreme court as one of its arms.

    2. Explain why the rationale is correct.
    This is simply because The Judicial and Bar council is separated from other branches of the government, or any other private or political interests, therefor they will resent external influence.

    3. Justify why the Judicial and Bar Council should stay.
    Having a Judicial and bar council simply implies that there will be a proper and systemic way of appointing the members of the courts, simply put is a generally good thing.

  12. 1. State the rationale (reason for being) of the creation of the Judicial and Bar Council

    It is created so that there will be no biases in choosing the nominees for the justices of the Supreme Court. By vesting the appointing power to the President, there should be a check to his/her power. He/she can’t appoint known allies for a position in the Supreme Court because the people of the Philippines might doubt the integrity of the Supreme Court.

    2. Explain why the rationale is flawed

    The members of the council can still be subjective rather than being objective when nominating.

    3. Propose an amendment. Justify your proposal.

    I think that the process of the nomination should be changed. The Council will nominate but the people shall approved instead of the President.

    B. Dissenting Opinion:
    (5 points)

    Make a case for the status quo (current state of affairs).

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council

    It is created so that there will be no biases in choosing the nominees for the justices of the Supreme Court. By vesting the appointing power to the President, there should be a check to his/her power. He/she can’t appoint known allies for a position in the Supreme Court because the people of the Philippines might doubt the integrity of the Supreme Court.

    2, Explain why the rationale is correct.

    I think that there is no flaw. The council is supervised well, there is a check and balance of power.

    3. Justify why the Judicial and Bar Council should stay

    The council should stay because it is a good exercise of democracy. Different people with different point of views .

  13. A. Concurring Opinion:

    The Council shall have the principal function of recommending appointees to the Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it.
    The rationale is flawed because the president is the only person who will decide who he will appoint making the appointment favorable to the president.
    They should make a committee among themselves to decide who is best suited for the job.

    B. Dissenting Opinion:

    The Judicial and Bar Council was created in order to provide the president a list of eligible appointees for certain positions. This aims to prevent the interference of the executive with their functions.
    The Councils hierarchy is well build and due process is being enforced.
    The Judicial and Bar Council should stay because of its purpose. It is a committee build to be neutral thus making them unbiased in enforcing the law.

  14. A. Concurring Opinion

    Make a case for the abolition of the Judicial and Bar Council.

    Primarily, the reason for the creation of the Judicial and Bar Council (JBC) is to ensure a list of qualified Justices that will replace the outgoing magistrates. This list is submitted to the president and from that, the president will appoint the new justices.
    Based from the rationale of this article, I notice that our law prioritizes much with the appointing power of the president. I think it is considered as a flaw because there are chances that the president will appoint a justice who belongs to his administrative party and I think this will lessen the credibility of our judicial department.
    If I were to amend this section, I will propose to elect each member of the commission on appointments so that they will be in charge in appointing “some” of the officials in our government. In this process, the president will have a limited appointing power but still has its special power.

    B. Dissenting Opinion

    Make a case for the status quo (current state of affairs).

    The rationale for the creation of the Judicial and Bar Council is to make sure that a list of qualified Justices (that will replace the outgoing magistrates) will be prepared for the president. This list is submitted to the president and from that, the president will appoint the new justices.
    The rationale is correct because it follows and honors the appointing power of the president.
    I believe that the Judicial and Bar Council should stay because from my point of view, they are the only ones who know deserving justices that is suitable for the position. The appointing power of the president should only take place if the council itself is questioned with its decisions and credibility.

  15. A. Concurring Opinion (ABOLISH THE JUDICIAL AND BAR COUNCIL)

    The Judicial and Bar Council’s principal function is to recommend appointees for the vacancies in the Judiciary. Thus, ensuring that the list of nominees is qualified.

    The rationale is flawed because the appointing power is not vested on the JBC. The council only prepares the list of nominees; but the appointing power is vested on the president. This makes it possible for the president to choose the nominees who are in his/ her favor.

    The fact that the final decision on whom to assign on a vacant seat is not on the council’s command defeats the purpose to retain the independence of the Judiciary. This limited power makes the JBC ineffective and futile. Therefore, the Judicial and Bar Council should be abolished.

    ****************
    B. Dissenting Opinion (THE JUDICIAL AND COUNCIL SHOULD REMAIN)

    The Judicial and Bar Council’s principal function is to recommend appointees for the vacancies in the Judiciary. Thus, ensuring that the list of nominees is qualified.

    The rationale is correct because the JBC effectively makes a list of nominees which meet the requirements. It is free from the influence of other departments. The list of nominees is not, in any way, manipulated to suit private or political interests.

    Its main purpose is to recommend appointees to the Judiciary. No other body could exercise this function. For this reason, it is essential for the Judicial and Bar Council to continue to exist.

    Also, I propose for the JBC to not only make a list, but to decide on its own whom to assign on the vacancies. This would fully free the Judiciary department from possible “favored” appointees by the president.

  16. A. Concurring Opinion:
    (5 points)

    Make a case for the abolition of the Judicial and Bar Council.

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council

    The main purpose of the creation of the Judicial Bar Council is to have a body that recommends deserving appointees in the positions that compose the Supremem court.

    2. Explain why the rationale is flawed.

    The rationale is flawed because the President should not be the one apponting the members of the council.

    3. Propose an amendment. Justify your proposal.

    I propose that the people who belong in the same department as the members of the council should be the one appointing the members and not the President.They should have votations.There is a possibility that the President will just appoint those who she is in favor of.

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.

    The main purpose of the creation of the Judicial Bar Council is to have a body that recommends deserving appointees in the positions that compose the Supremem court.

    2. Explain why the rationale is correct.

    The rationale is correct because although the President is the opne appointing, he/she still needs the consent of the Commision on Appointments.

    3. Justify why the Judicial and Bar Council should stay.

    The Judicial and Bar Council should stay because they are the only body who is deserving to have the power to recommend the members.They are the ones who have sufficient knowledge about the matters regarding the council.

  17. A. Concurring Opinion:
    (5 points)

    Make a case for the abolition of the Judicial and Bar Council.

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.

    – The Judicial and Bar Council (JBC) was established primarily to recommend appointees to the judiciary. It is under the supervision of the Supreme Court, with the Chief Justice acting as 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. Its composition justifies the need for a proper representation for all interested sectors in the judiciary. It also aimed at maintaing the independence of the judiciary.

    2. Explain why the rationale is flawed.

    – The rationale is flawed, as the judiciary and the executive department are independent of one another. It is inappropriate for the President to choose the members of the judiciary. This power of the President has always been questioned, especially at these times when majority of the Supreme Court justices are appointees by President Arroyo. Call it paranoia, but it cannot be mere coincidence that most of the justices have ties to the President.

    3. Propose an amendment. Justify your proposal.

    – It is only appropriate for the judiciary to make its own choices. An amendment must be made to make the JBC choose the members of the judiciary. This would underscore the independence of the judiciary from the executive department.

    B. Dissenting Opinion:
    (5 points)

    Make a case for the status quo (current state of affairs).

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.

    – The Judicial and Bar Council (JBC) was established primarily to recommend appointees to the judiciary. It is under the supervision of the Supreme Court, with the Chief Justice acting as 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. Its composition justifies the need for a proper representation for all interested sectors in the judiciary. It also aimed at maintaing the independence of the judiciary.

    2. Explain why the rationale is correct.

    – The rationale is correct, as the JBC embodies the independence of the judiciary. It cannot be said that the JBC can be manipulated, or coerced by the Chief Executive, as the members of the JBC can not be possibly influenced to abandon their own ideologies in exchange of anything.

    3. Justify why the Judicial and Bar Council should stay.

    – The Judicial and Bar Council is composed of highly respected individuals who knows and understands the needs of the judiciary. They can make the necessary decisions for themselves.

  18. A. Concurring Opinion (ABOLISH THE JUDICIAL AND BAR COUNCIL)

    The Judicial and Bar Council’s principal function is to recommend appointees for the vacancies in the Judiciary. Thus, ensuring that the list of nominees is qualified.

    The rationale is flawed because the appointing power is not vested on the JBC. The council only prepares the list of nominees; but the appointing power is vested on the president. This makes it possible for the president to choose the nominees who are in his/ her favor.

    The fact that the final decision on whom to assign on a vacant seat is not on the council’s command defeats the purpose to retain the independence of the Judiciary. This limited power makes the JBC ineffective and futile. Therefore, the Judicial and Bar Council should be abolished.

    ****************
    B. Dissenting Opinion (THE JUDICIAL AND BAR COUNCIL SHOULD REMAIN)

    The Judicial and Bar Council’s principal function is to recommend appointees for the vacancies in the Judiciary. Thus, ensuring that the list of nominees is qualified.

    The rationale is correct because the JBC effectively makes a list of nominees which meet the requirements. It is free from the influence of other departments. The list of nominees is not, in any way, manipulated to suit private or political interests.

    Its main purpose is to recommend appointees to the Judiciary. No other body could exercise this function. For this reason, it is essential for the Judicial and Bar Council to continue to exist.

    Also, I propose for the JBC to not only make a list, but to decide on its own whom to assign on the vacancies. This would fully free the Judiciary department from possible “favored” appointees by the president.

  19. A. Concurring Opinion:

    The Judicial and Bar Council is created primarily to nominate appointments for position in the Judiciary department. Although the Jucial and Bar Council has the power to nominate qualified persons for the positions, the power to choose is given to the President of the Philippines. This part is flawed due to people’s nature to choose those who they know, most likely friends or relatives. If that happens, our justice department could become one sided due to Filipino nature of “utang na loob”. this flaw can be solved if the nominated appointees are to be voted by the citizen or at the least a group of people not affiliated to the government.

    B. Dissenting Opinion:

    Make a case for the status quo (current state of affairs).

    The Judicial and Bar Council is created primarily to nominate appointments for position in the Judiciary department.
    This is correct because the members of the Bar Coucil knows more than anyone who are the people appropriate in the said positions in the judiciary department. The Judicial and Bar Council must stay because they are non-political, therefore makig the Judicial department unbiased.

  20. A. Concurring Opinion (ABOLISH THE JUDICIAL AND BAR COUNCIL)

    The main function of the Judicial and the bar council is to ensure that there are no vacant position in the Judicial Department. It is also their responsibility to make sure that the people in charge is qualified and is capable of the position.

    The rationale is flawed because the appointees will always be in favor of the President.

    This kind of system must be changed. The appointees must be voted by the citizens. The people must be the one choosing the people working for the country.

    B. Dissenting Opinion:

    The main function of the Judicial and the bar council is to ensure that there are no vacant position in the Judicial Department. It is also their responsibility to make sure that the people in charge is qualified and is capable of the position.

    This kind of system is correct because the JBC knows who are the rightful people who must be in the position of Judiciary Department

    Judicial and Bar Council must stay because they are non-political. It means that they are making decisions which are good for many people.

  21. A. Concurring Opinion

    The JBC was created with the principal function of recommending appointees to the Judiciary. The rationale of its creation is to have a body which shall study and decide whether a certain person to be a member of the Supreme Court or not.

    This is not quite right because it results to a return the favor system. How? Isn’t it that the President appoints the members of the Judiciary and Bar Council? Because of this, there is a great possibility that the nominees the JBC would include on the list the President would select from are also influenced by the President. There is a big risk of having the President abuse his appointing power.

    I think it would be reasonable if instead of the president appointing the members, he should just leave the decision to an electoral process wherein it would be the law sector to vote. It could eliminate the risk of having the President abuse his power.

    B. Dissenting Opinion

    The JBC was created with the principal function of recommending appointees to the Judiciary. The rationale of its creation is to have a body which shall study and decide whether a certain person to be a member of the Supreme Court or not.

    The rationale is correct because with the council performing its function well, it will help to insure quality appointments to the judiciary.

    The JBC should stay because it limits the appointing power of the President to the list of nominees whom they decided to deserve the position. At least, the President could not just appoint just anybody.

  22. A. Concurring Opinion

    The Judicial and Bar Council is given the task of providing and recommending possible list of candidates for the vacant positions in the Supreme Court and also for the other lower courts to the president. This is to remedy the political influence in appointing candidates for vacansies

    The rationale meets many flaws for the president is the sole person who appoints for the positions. In this manner, political influence is not minimized nor avoided for the president may choose not to appoint candidates who has the characteristics of a good leader but those candidates that will be beneficial to his regime.

    The Judiciary and Bar Council should be retained and not ever be abolished for they should be the one that appoints vacancies. This is because experience wise, they know better than the president of whom to appoint.

    B. Dissenting Opinion

    The Judicial and Bar Council is given the task of providing and recommending possible list of candidates for the vacant positions in the Supreme Court and also for the other lower courts to the president. This is to remedy the political influence in appointing candidates for vacansies.

    The rationale is flawless because they are able to nominate members without any form of bias from the President. They are given a chance to give their opinions as to who they want to lead..

    The Judicial and Bar Council should be retained because they know who should be appointed by the president. Also, this body settles disputes and issues regarding the appointment of the president.

  23. A. Concurring Opinion:

    1. The Judicial Bar and Council of the Philippines was created to ensure that there are no vacant position in the Judicial Department. It is their responsibility to recommend only the qualified and capable people in the Judiciary.

    2. The rationale is flawed because the recommendations of the Judicial Bar and Council cannot affect the decision of the President. Still, the President has the final say about the appointment, but the President might not know the capabilities of the recommended people.

    3. The appointment power should be given to the Judiciary Bar and Council, while the power to recommend should be given to the President. After the President’s recommendation, the Judiciary Bar and Council should vote who among the recommended people shall assume the position.
    _____________________________________________________

    B. Dissenting Opinion:

    1. The Judicial Bar and Council of the Philippines was created to ensure that there are no vacant position in the Judicial Department. It is their responsibility to recommend only the qualified and capable people in the Judiciary.

    2. The rationale is correct because the Judicial Bar and Council knows more qualified people for the positions. Unlike if the President has the recommendation power, the people he knew is limited because he is only one person.

    3. The Judicial Bar and Council must stay there are no other group who could recommend qualified and capable people. They just have to trust the Presidents decision that he would be fair in appointment.

  24. A. Concurring Opinion;

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.

    2. Explain why the rationale is flawed.

    -The rationale is flawed because the Council only has the power to recommend, not to appoint. That power is still in the President’s hands, allowing him/her to appoint persons that may be politically inclined towards him/her.

    3. Propose an amendment. Justify your proposal.

    I propose that appointments in the Judiciary be done by the members of the department themselves. This prevents partisan politics that could be done by the President.

    B. Dissenting Opinion:

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.

    -The Judicial and Bar Council was created for the purpose of recommending appointments to vacancies in the positions of the Judicial Department.

    2. Explain why the rationale is correct.

    -The rationale is correct because the selected members of the Council are truly qualified in making recommendations for appointments, due to their experience in their respective fields.

    3. Justify why the Judicial and Bar Council should stay.

    -A Council seating allows for power over who gets priority during vacancies, but only temporarily and this power is kept in check by the absence of the power to appoint. This allows for a setting where a fair judgment could be truly gotten.

  25. A. Concurring Opinion:
    (5 points)

    Make a case for the abolition of the Judicial and Bar Council.

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.

    The Judicial and Bar Council was made to serve as a filter of judges who can be appointed to the higher courts of the judiciary system. They will prepare a list of names that are qualified for the positions and give it to the President who has the power to choose among the list that he/she deemed right for the position. Only those who are among the list can be chosen.

    2. Explain why the rationale is flawed.

    The rationale of the law is flawed because even if the judiciary system is given autonomy to qualify their appointees, the power to choose is still given to the head of the executive division which is the President. What if the President is involved in some injustice or case in which the judge who is presiding the case is the justice who the President appointed? The Judiciary system would still be in the hands of the President and would not be granted total autonomy. Its integrity is still not that stable considering that if it happens that the justices would be pressured in a way that the one who gave them their position is the one who is on trial, which is the President.

    3. Propose an amendment. Justify your proposal.

    A good amendment would be the legislative would concur on a vote over the three nominees in the list provided by the Judicial and Bar Council. In this way, the justices “debt” to the President for the position would not come from one person only. It would come from the representative of the people which is the legislation body. The names of the candidates should be kept classified from the legislation body and from the nominees itself. They should be notified 3 days before to avoid bribery also so and the votes should be kept secret and only the number of votes should be announced.

    B. Dissenting Opinion:
    (5 points)

    Make a case for the status quo (current state of affairs).
    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.

    The Judicial and Bar Council was made to serve as a filter of judges who can be appointed to the higher courts of the judiciary system. They will prepare a list of names that are qualified for the positions and give it to the President who has the power to choose among the list that he/she deemed right for the position. Only those who are among the list can be chosen.

    2. Explain why the rationale is correct.

    It serves as a check and balance for the governing bodies of the Philippines. The Executive division can pick the justice who he/she thinks is qualified from a list of judges that the Judicial and Bar Council thinks are also qualified.

    3. Justify why the Judicial and Bar Council should stay.

    This task of choosing the appointed of the Judiciary system is very important. They serve as a narrow road for anyone who is qualified. They are the one given to place a step higher who they think is qualified because they are the people who know what kind of job it is and the type of skills, experience one should have to it right and well.

  26. A. Concurring Opinion:

    “Before the 1987 Constitution, a good number of citizens, bar associations and civic organizations, and mass media, especially, expressed dissatisfaction over the nation’s system of dispensing justice with a vehemence that reached new heights, considering, (1) a persistently staggering backlog; (2) lazy, dishonest and incompetent members of the judiciary; (3) cumbersome procedures; and (4) dilatory tactics of litigants and lawyers.”
    -http://jbc.judiciary.gov.ph/history.php
    To resolve such issues, proper judicial selection was required, hence, forming the Judicial Bar Council. Thus, the rationale of the formation of the Judicial Bar Council is to maintain excellent performance of those who hold positions in the Judiciary department.

    “The bar then was fragmented and, for that reason, it could hardly contribute as much as it should to improve the judicial system, to raise the quality of the profession and to protect the public and itself from abusive or corrupt judges and irresponsible or dishonest lawyers.”
    -http://jbc.judiciary.gov.ph/history.php
    The council is unable to perform its function. The president is still the one who appoints the officers, subject to confirmation of the commission on appointments. These are the demands to be an appointee: (a) the nominee possesses the qualifications prescribed by the law; (b) no serious charges are filed impeaching his integrity; and (c) no member of Congress expresses a strong objection to the appointment. The power of the JBC is therefore nullified, and its existence is questionable, it shouldn’t have been formed in the first place if it’s not to perform its function.

    It will be better if the appointees will take serious examinations and training before assuming the position in the department. This is to determine whether they are appropriate for the position and for them to serve better in the judicial department.

    B. Dissenting Opinion:

    “Before the 1987 Constitution, a good number of citizens, bar associations and civic organizations, and mass media, especially, expressed dissatisfaction over the nation’s system of dispensing justice with a vehemence that reached new heights, considering, (1) a persistently staggering backlog; (2) lazy, dishonest and incompetent members of the judiciary; (3) cumbersome procedures; and (4) dilatory tactics of litigants and lawyers.”
    -http://jbc.judiciary.gov.ph/history.php
    To resolve such issues, proper judicial selection was required, hence, forming the Judicial Bar Council. Thus, the rationale of the formation of the Judicial Bar Council is to maintain excellent performance of those who hold positions in the Judiciary department.

    The rationale of proper judicial selection itself is very ideal. It is correct because there was a call for remedial measures, and this could have been the solution to the root causes of the problem stated above.

    The judicial bar council should stay if it performs its function well: that is to get honest, dedicated, and competent judges. Moreover, its function should not be overpowered by the president, otherwise, it’s proven to be useless. It should stay if it proves itself to be useful, and collects the best of the best to be appointed.

  27. A. Concurring Opinion:
    (5 points)
    Make a case for the abolition of the Judicial and Bar Council.
    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.

    The Judicial and Bar Council was made to serve as a filter of judges who can be appointed to the higher courts of the judiciary system. They will prepare a list of names that are qualified for the positions and give it to the President who has the power to choose among the list that he/she deemed right for the position. Only those who are among the list can be chosen.

    2. Explain why the rationale is flawed.
    The rationale of the law is flawed because even if the judiciary system is given autonomy to qualify their appointees, the power to choose is still given to the head of the executive division which is the President. What if the President is involved in some injustice or case in which the judge who is presiding the case is the justice who the President appointed? The Judiciary system would still be in the hands of the President and would not be granted total autonomy. Its integrity is still not that stable considering that if it happens that the justices would be pressured in a way that the one who gave them their position is the one who is on trial, which is the President.

    3. Propose an amendment. Justify your proposal.
    A good amendment would be the legislative would concur on a vote over the three nominees in the list provided by the Judicial and Bar Council. In this way, the justices “debt” to the President for the position would not come from one person only. It would come from the representative of the people which is the legislation body. The names of the candidates should be kept classified from the legislation body and from the nominees itself. They should be notified 3 days before to avoid bribery also so and the votes should be kept secret and only the number of votes should be announced.
    B. Dissenting Opinion:
    (5 points)
    Make a case for the status quo (current state of affairs).
    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.
    The Judicial and Bar Council was made to serve as a filter of judges who can be appointed to the higher courts of the judiciary system. They will prepare a list of names that are qualified for the positions and give it to the President who has the power to choose among the list that he/she deemed right for the position. Only those who are among the list can be chosen.

    2. Explain why the rationale is correct.
    It serves as a check and balance for the governing bodies of the Philippines. The Executive division can pick the justice who he/she thinks is qualified from a list of judges that the Judicial and Bar Council thinks are also qualified.

    3. Justify why the Judicial and Bar Council should stay.
    This task of choosing the appointed of the Judiciary system is very important. They serve as a narrow road for anyone who is qualified. They are the one given to place a step higher who they think is qualified because they are the people who know what kind of job it is and the type of skills, experience one should have to it right and well.

  28. A. Concurring Opinion:

    1.State the rationale (reason for being) of the creation of the Judicial and Bar Council.

    The Judicial and bar council is constitutionally formed to make recommendations of appointees for vacancies that may occur in the composition of the Supreme Court and other lower courts. Its rationale is the function itself, its purpose.

    2.Explain why the rationale is flawed.

    Its rationale, its function of recommending appointees to the Judiciary, and may exercise other functions as the Supreme Court may assigned to it. This job description is not clearly explained nor cleared out. It is due to the confusion of the function of the commission on appointments and the say of the president. Why there is a need for the commission on appointments if the council does the same thing and vice versa? Does the president can recommend too? What if the recommendations made by the council contradict the desire of the president? Nothing?

    3. Propose an amendment. Justify your proposal.

    The rationale should be expanded; it should clear questions regarding the function of the council. It is very brief, that you could hardly understand its real meaning.

    B. Dissenting Opinion:
    1.State the rationale (reason for being) of the creation of the Judicial and Bar Council.

    The creation of the Judicial and Bar Council has the principal function of recommending appointees to the Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it.

    2. Explain why the rationale is correct.

    The Rationale is correct because the council, which members are mainly have background on law. This factor is highly needed for one to recommend a person of the same field; so they know who is fitted for the vacancy.

    3. Justify why the Judicial and Bar Council should stay.

    The Judicial and Bar Council should stay because our country needs to have official that are well-chosen and trusted by the leaders of our country.

  29. ABOLISH THE JUDICIAL AND BAR COUNCIL

    Make a case for the abolition of the Judicial and Bar Council.

    A. Concurring Opinion

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.

    Under the supervision of the Supreme Court a Judicial and Bar Council is created. The council composed of seven members with Chief Justice as ex officio chairman and Secretary of Justice and a representative of the Congress as ex officio members. The President with the consent of the Commission of Appointments shall appoint the regular members of the council.

    2. Explain why the rationale is flawed.

    I agree with the abolition of the Judicial and Bar Council because as a council they already breakdown and list specific individuals to be recommended as appointees to the Judiciary. And the President as the final say as to whom he will be appointed. As a council they already deliberated the nominees according to their requirements and achievements and only to be vetoed by the President. So I concur with the abolition of the Judicial and Bar Council.

    3. Propose an amendment. Justify your proposal

    I propose that the Judicial and Bar Council to be the sole body to choose and deliberate the members of the Judiciary and not to be vetoed by the President. As a member of the Judiciary they already know who is the right man for the job according to the requirements made by law and not to be ruled out by the President.

    Make a case for the status quo (current state of affairs)

    B. Dissenting Opinion

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.

    Under the supervision of the Supreme Court a Judicial and Bar Council is created. The council composed of seven members with Chief Justice as ex officio chairman and Secretary of Justice and a representative of the Congress as ex officio members. The President with the consent of the Commission of Appointments shall appoint the regular members of the council.

    2. Explain why the rationale is correct.

    As the President and Chief Executive of the Philippines, the President has the final say and power to execute his appointing powers in the government. He have the power to veto things which he thinks is not an asset in the government.

    3. Justify why the Judicial and Bar Council should stay.

    The Judicial and Bar Council should stay because it short list individuals who are rightful for the job in the Judiciary.

  30. A. Concurring Opinion:

    The Judicial and Bar Council’s principal function is to recommend appointees to the Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it.

    The rationale is flawed because the appointing power is not vested on the JBC. The council only prepares the list of nominees; but the appointing power is vested on the president.

    The President’s appointing power of the members of the Council compromises the independence of the Judiciary from the Executive and Legislative departments of the government. The roles of the JBC should be done by the IBP as an independent organization to separate the Judicial department from the others. Therefore, the Judicial and Bar Council should be abolished.

    B. Dissenting Opinion:

    The Judicial and Bar Council’s principal function is to recommend appointees to the Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it.

    The rationale is correct because the Council can assess the appointees most suitable for the Judiciary department. The Council knows who among its members are qualified to the positions in the department.

  31. A. Concurring Opinion:

    The Judicial and Bar Council’s principal function is to recommend appointees to the Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it.

    The rationale is flawed because the appointing power is not vested on the JBC. The council only prepares the list of nominees; but the appointing power is vested on the president.

    The President’s appointing power of the members of the Council compromises the independence of the Judiciary from the Executive and Legislative departments of the government. The roles of the JBC should be done by the IBP as an independent organization to separate the Judicial department from the others. Therefore, the Judicial and Bar Council should be abolished.

    B. Dissenting Opinion:

    The Judicial and Bar Council’s principal function is to recommend appointees to the Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it.

    The rationale is correct because the Council can assess the appointees most suitable for the Judiciary department. The Council knows who among its members are qualified to the positions in the department.

    “A Judicial and Bar Council is hereby created 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.”
    As you can see, the members of the JBC are qualified and experienced people from the legal profession. Their experience is cruicial for the Judiciary department and there are no other people who are qualified except for them. Therefore, the Judicial and Bar Council should stay.

  32. QUIZ 1 – ABOLISH THE JUDICIAL AND BAR COUNCIL

    CONCURRING OPINION:

    The creation of the Judicial and Bar Council is for it to have the principal function of recommending appointees to the Judiciary. It will also exercise other functions and duties as the Supreme Court may assign to it.

    The rationale is flawed because the President with the consent of the Commission of Appointments appoints the members of the Council.

    Since the members of the Council have the principal function of recommending appointees to the Judiciary, they should be qualified on a certain terms of requirement before the President appoints them to be in the Judicial and Bar Council. The function of recommending appointees to the Judiciary is very crucial because it will be the future of the Judicial Branch of the Government. Therefore, the members of the Council should be a person of good background and abilities to do such function of recommending appointees.

    DISSENTING OPINION:

    The creation of the Judicial and Bar Council is for it to have the principal function of recommending appointees to the Judiciary. It will also exercise other functions and duties as the Supreme Court may assign to it.

    The rationale is correct because the members of the Judicial and Bar Council are composed of the Chief Justice, the Secretary of Justice and representatives from different sectors: the Congress, the Integrated Bar, professor of Law, retired member of the Supreme Court and the private sector.

    Judicial and Bar Council should stay because it is fully represented from different sectors. Democracy is still implemented even if the President choose from the appointees given by the Council.

  33. A. Concurring Opinion:
    The Judicial and Bar Council of the Philippines was formed for the function of nominating appointments to the Judiciary Department. The Justices of the Supreme Court, the Court of Appeals, the Sandiganbayan and the Judges of the lower courts, and the Ombudsman and his Deputies shall be handpicked by the President of the Philippines from a list of nominees submitted by the Judicial and Bar Council for every position vacancy. The rationale is to attain and protect the independence of the judiciary. The power of the President to appoint Justices is the main flaw of the rationale. The president being a member of a separate department namely the Executive Department must not have control over the judiciary department to avoid biases. An amendment that may be proposed is the removal of the president’s power to appoint in certain positions which should be in the concern of the Judiciary Department. Outgoing Justices are the most suitable for appointing their replacements.
    B. Dissenting Opinion:
    The Judicial and Bar Council of the Philippines was formed for the function of nominating appointments to the Judiciary Department. The Justices of the Supreme Court, the Court of Appeals, the Sandiganbayan and the Judges of the lower courts, and the Ombudsman and his Deputies shall be handpicked by the President of the Philippines from a list of nominees submitted by the Judicial and Bar Council for every position vacancy. The rationale is to attain and protect the independence of the judiciary. The rationale is correct because the Judicial Bar and Council is formed under the direct supervision of the Supreme Court headed by the Chief Justice and is composed of the Secretary of Justice, and a representative of the Congress, 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 Judicial and Bar Council should stay since it serves as an answer to the public’s mandate in favor of eliminating politics from the appointment of judges in the country.

  34. QUIZ 1. ARTICLE VIII
    _____________________________________________________

    A. Concurring Opinion:

    The Judicial & Bar Council will have the function of recommending appointees to the Judiciary. It may execute other functions & powers whenever the Supreme Court may decide on it.

    It is flawed because only the president shall appoint candidates for the council with the approval of the Commission on Appointments.

    It must be amended because when appointing candidates, they should criticize first whether the candidate is worthy enough to become a member of the council.
    _____________________________________________________

    B. Dissenting Opinion:

    The Judicial and Bar Council was created in order to provide eligible candidates that will be appointed by the president. It will help the president to choose carefully among selected individuals.

    The JBC has its processes and proceedings well organized therefore there’s no flaws.

    The JBC should remain because its main purpose is to provide eligible and worthy candidates for the Court. They will help prevent biases and promote neutral selection.

  35. A. Concurring Opinion:
    (5 points)

    Make a case for the abolition of the Judicial and Bar Council.

    The Judicial and Bar Council (JBC) was established primarily to recommend appointees to the judiciary. It is under the supervision of the Supreme Court, with the Chief Justice acting as 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. Its composition justifies the need for a proper representation for all interested sectors in the judiciary. It also aimed at maintaing the independence of the judiciary. The rationale is flawed, as the judiciary and the executive department are independent of one another. It is inappropriate for the President to choose the members of the judiciary. This power of the President has always been questioned, especially at these times when majority of the Supreme Court justices are appointees by President Arroyo. Call it paranoia, but it cannot be mere coincidence that most of the justices have ties to the President. It is only appropriate for the judiciary to make its own choices. An amendment must be made to make the JBC choose the members of the judiciary. This would underscore the independence of the judiciary from the executive department.

    B. Dissenting Opinion:

    The Judicial and Bar Council (JBC) was established primarily to recommend appointees to the judiciary. It is under the supervision of the Supreme Court, with the Chief Justice acting as 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. Its composition justifies the need for a proper representation for all interested sectors in the judiciary. It also aimed at maintaing the independence of the judiciary. The rationale is correct, as the JBC embodies the independence of the judiciary. It cannot be said that the JBC can be manipulated, or coerced by the Chief Executive, as the members of the JBC can not be possibly influenced to abandon their own ideologies in exchange of anything.
    The Judicial and Bar Council is composed of highly respected individuals who knows and understands the

  36. sorry naputol…. hahaha. eto kadugtong….

    needs of the judiciary. They can make the necessary decisions for themselves.

  37. _________________________________________________________________________________

    QUIZ 1
    ERWIN R. SANTOS
    3ECEA
    _________________________________________________________________________________
    A. Concurring Opinion:

    Make a case for the abolition of the Judicial and Bar Council.

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.

    Judicial and Bar Council were significant in applying the laws to fight for legally recognized rights or duties between the State and private individuals or between personage complainant in cases properly brought before the legal court. They interpret and carry out the law to decide on arguments and to implement rights and elevate standards of legal profession, improve justice administration and enable the public house to make communal responsibility more effective.

    2. Explain why the rationale is flawed.

    Rationale that was mentioned above would only be defective or flawed if the law is dishonestly administered, and weakly or deceitfully imposed. This could lead to order failure, for it is more by the assurance than by the ruthlessness of punishment that offenses are subdued.

    3. Propose an amendment. Justify your proposal.

    Qualifications of those appointed or to be appointed in the Judicial and Bar Council must be of verified competence, and integrity. Moral values should also be taken into consideration as one of the most important factor in the qualification process and should never be taken for granted. To preserve the independence bestowed upon them in accordance to justice that they must be free from any selfish political interests in any form.

    B. Dissenting Opinion:

    Make a case for the status quo (current state of affairs).

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.

    Judicial and Bar Council were created to apply laws to fight for legally recognized rights or duties between the State and private individuals or between personage complainant in cases properly brought before the legal court. They interpret and carry out the law to decide on arguments and to implement rights and elevate standards of legal profession, improve justice administration and enable the public house to make communal responsibility more effective.

    2. Explain why the rationale is correct.

    Government law can be assured only by Judicial and Bar Council that is independent and free, passionately devoted to the unbiased administration of justice to the public.

    3. Justify why the Judicial and Bar Council should stay.

    Judicial and Bar Council should stay to preserve our government and liberty. For without Judicial and Bar no one would interpret and execute the law to fix on controversies, enforce rights, the government must either pass away by its own stupidity or the other departments of government must seize powers for the purpose of commanding obedience to destroy our most valued liberty.
    _____________________________________________________________________________________

  38. A. Concurring

    1. It is rational because the creation of the Judicial and Bar Council(JBC) is for the purpose of establishing the authority exercised by that department of government, together with its members which is charged with the declaration of what the law is and its construction.

    2. It is flawed because no law shall be passed recognizing the Judiciary when it undermines the security of its members. It states that the Judiciary Council has an unquestionable power to abolish a law that may be a threat or discomfort to them.

    3. I propose that a certain part or group of committee which is no bias to the likings of the JBC to decide in how to process a new law or how to make a law effective.

    B. Dissenting Opinion:
    1. The Judicial and Bar Council of the Philippines is a constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court and other lower courts.
    2. Explain why the rationale is correct.
    The rationale is correct because the JBC is independent in its ability to vote another justice which prevents foreign likings to be favored.
    3. They must stay because they appoint justices which they think are capable of its position.

  39. A. Concurring
    1.
    The Judicial and Bar Council is a constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court and other lower courts. It may exercise function and duties as the supreme court may assign to it.
    2.
    It is flawed because of the regular members of the council shall be appointed by the president. who ever is appointed is always in his/her side.
    3.
    I reccomend that the members of the council must not be appointed. it must be elected or pick by a group who is abstain from the side of the president neither the opposition side.

    B.Dissenting
    1.
    The Judicial and Bar Council is a constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court and other lower courts. It may exercise function and duties as the supreme court may assign to it.
    2.
    Because the council is created and composed with different person whom have different beliefs and with their own dignity.
    3.
    we must have 3 nominees in each category. it will be elected or pick by the supervision of the chief justice which will be the chairman.

  40. A. Concurring Opinion:

    1.) The Judicial and Bar Council, being in charge of the Philippine Bar Examinations, is the one to recommend appointees in the judiciary. The main essence of the Judicial and Bar Council is to sustain the autonomy of the judiciary.

    2.) It is flawed because the President is the one appointing the members of the Judicial and Bar Council. There can still be bias in the appointing of such officials since most of the appointed are affiliated with the President.

    3.) The members of the Judicial and Bar Council should be chosen by the justices of the Judiciary itself. They themselves know who is the most reliable to be in the Council. Being in the same profession, the justices themselves know who is trustworthy and will perform well in being a member of the JBC.

    B. Dissenting Opinion:

    1.)A Judicial and Bar Council is created 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 rationale of its creation is to recommend appointees for position to fill vacancies in the Supreme Court and other law courts. Recommended appointees must be a member of this council.

    2.)The rationale is correct because the president can exercise his power through choosing what he thinks deserves the position. Also by this, he will gain extra respect from the JBC.

    3.)The Judicial council should stay for a better assessment of appointees for different departments. They are persons with proven integrity and have excellent knowledge and passion for the judiciary. That’s why they are the one trusted for certain decision

  41. A. Concurring Opinion (ABOLISH THE JUDICIAL AND BAR COUNCIL)

    The main function of the Judicial and the bar council is to ensure that there are no vacant position in the Judicial Department. It is also their responsibility to make sure that the people in charge is qualified and is capable of the position.

    The rationale is flawed because the appointees will always be in favor of the President.

    This kind of system must be changed. The appointees must be voted by the citizens. The people must be the one choosing the people working for the country.

    B. Dissenting Opinion:

    The main function of the Judicial and the bar council is to ensure that there are no vacant position in the Judicial Department. It is also their responsibility to make sure that the people in charge is qualified and is capable of the position.

    This kind of system is correct because the JBC knows who are the rightful people who must be in the position of Judiciary Department

    Judicial and Bar Council must stay because they are non-political. It means that they are making decisions which are good for many people.

  42. A. Concurring Opinion:

    1. The Judicial Bar and Council of the Philippines was created to ensure that there are no vacant position in the Judicial Department. It is their responsibility to recommend only the qualified and capable people in the Judiciary.

    2. The rationale is flawed because the recommendations of the Judicial Bar and Council cannot affect the decision of the President. Still, the President has the final say about the appointment, but the President might not know the capabilities of the recommended people.

    3. The appointment power should be given to the Judiciary Bar and Council, while the power to recommend should be given to the President. After the President’s recommendation, the Judiciary Bar and Council should vote who among the recommended people shall assume the position.

    B. Dissenting Opinion:

    1. The Judicial Bar and Council of the Philippines was created to ensure that there are no vacant position in the Judicial Department. It is their responsibility to recommend only the qualified and capable people in the Judiciary.

    2. The rationale is correct because the Judicial Bar and Council knows more qualified people for the positions. Unlike if the President has the recommendation power, the people he knew is limited because he is only one person.

    3. The Judicial Bar and Council must stay there are no other group who could recommend qualified and capable people. They just have to trust the Presidents decision that he would be fair in appointment.

  43. A. Concurring Opinion:

    Case for the abolition of the Judicial and Bar Council

    1. Rationale of the creation of the Judicial and Bar Council:

    >>>

    The creation of the Judicial and Bar Council is actually mandated that the Council shall have the principal function of nominating appointments to the Judiciary. The Justices of the Supreme Court, the Court of Appeals, the Sandiganbayan and the Judges of the lower courts, and the Ombudsman and his Deputies shall, in addition to other requirements, be appointed by the President of the Philippines from a list of at least three nominees proposed by the Judicial and Bar Council for every vacancy. Only those nominated by the Council in a list to be officially transmitted to the President may be appointed by the latter as Justices or Judges or as Ombudsman or Deputy Ombudsman.

    2. Explain why the rationale is flawed.

    >>>

    There is a query that neither the President alone nor the Commission on Appointments would have the time and the means necessary to study the background of everyone of the candidates for appointment to the various courts in the Philippines, especially considering that we have an amendment to the effect that no person shall be qualified unless he has proven a high sense of morality and probity. (Record, Vol. 2, p. 487) The very rationale of the Council’s creation and existence is itself the main argument for its continued existence – THE NECESSITY OF ATTAINING AND PRESERVING THE INDEPENDENCE OF THE JUDICIARY.

    Therefore, this method of appointing and promoting judges proved to be one of the major reasons why our people do not trust lower Courts as much as they do the Supreme Court. The people know that, as a general rule, a man can reach the Supreme Court only after years of service in the lower courts or of practice at the bar which has earned him a national reputation. On the other hand, they suspect that judges receive their appointments and promotions more through political influence than merit. The sight of most of the nominees milling around Congress, anxiously following up their nominations during the closing days of the session of the Commission on Appointments, serves to strengthen the suspicion. Lack of publicity concerning the nominees before their nomination or confirmation adds fuel to the fires of suspicion.

    3. Propose an amendment. Justify your proposal.

    >>>

    The amendment that I will propose is the restriction of nominees and candidates to have a political relative or any other close relationship to political bodies. To alleviate the influence of politics in the Supreme Court and to gain the trust of the people.

    ***********************************************************

    B. Dissenting Opinion:

    Case for the status quo (current state of affairs).

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.

    >>>

    The creation of the Judicial and Bar Council is actually mandated that the Council shall have the principal function of nominating appointments to the Judiciary. The Justices of the Supreme Court, the Court of Appeals, the Sandiganbayan and the Judges of the lower courts, and the Ombudsman and his Deputies shall, in addition to other requirements, be appointed by the President of the Philippines from a list of at least three nominees proposed by the Judicial and Bar Council for every vacancy. Only those nominated by the Council in a list to be officially transmitted to the President may be appointed by the latter as Justices or Judges or as Ombudsman or Deputy Ombudsman.

    2. Explain why the rationale is correct.

    >>>

    As long as the Judicial and Bar Council is not influenced by politics, there is a great chance of having honest, dedicated and competent judges. Also, because of this Council there will still be a proper judicial selection.

    3. Justify why the Judicial and Bar Council should stay.

    >>>

    As I’ve said above, as long as it is not influenced by politics, the judges will be able to judge and continue their work unbiased and balanced. And having the council will help to easily make rightful list, the list includes those within the Department of Justice whom the Secretary believes would make good judges, as well as those without the Department who are proposed by leaders of the political party to which the President belongs or by other persons who possess a strong influence over the President or the Secretary. Before inclusion in the list, the candidates undergo such screening as the Secretary may deem necessary. Occasionally, the President or the Secretary consults with the Chief Justice and members of the Supreme Court, the Presiding Justice and Justices of the Court of Appeals and leading members of the bar with respect to certain candidates, especially those who aspire for appointment to the Court of Appeals or the Supreme Court.

  44. ABOLISH THE JUDICIAL AND BAR COUNCIL!!!

    Make a case for the abolition of the Judicial and Bar Council.

    A. Concurring Opinion

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.

    Under the supervision of the Supreme Court a Judicial and Bar Council is created. The council composed of seven members with Chief Justice as ex officio chairman and Secretary of Justice and a representative of the Congress as ex officio members. The President with the consent of the Commission of Appointments shall appoint the regular members of the council.

    2. Explain why the rationale is flawed.

    It is flawed because the President is the one appointing the members of the Judicial and Bar Council. There can still be bias in the appointing of such officials since most of the appointed are affiliated with the President.

    3. Propose an amendment. Justify your proposal.

    It is only appropriate for the judiciary to make its own choices. An amendment must be made to make the JBC choose the members of the judiciary. This would underscore the independence of the judiciary from the executive department.

    B. Dissenting Opinion

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.

    The Judicial and Bar Council (JBC) was established primarily to recommend appointees to the judiciary. It is under the supervision of the Supreme Court, with the Chief Justice acting as 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. Its composition justifies the need for a proper representation for all interested sectors in the judiciary. It also aimed at maintaing the independence of the judiciary.

    2. Explain why the rationale is correct.

    The rationale is correct because the Judicial Bar and Council knows more qualified people for the positions. Unlike if the President has the recommendation power, the people he knew is limited because he is only one person.

    3. Justify why the Judicial and Bar Council should stay.

    The Judicial and Bar Council must stay because it serves as an answer to the public clamor in favor of eliminating politics from the appointment of judges in the country!

  45. A. Concurring Opinion: (5 points)
    Make a case for the abolition of the Judicial and Bar Council.
    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.
    The Judicial and Bar Council is created to improve the method by which justices, judges and prosecutors were selected or promoted.
    2. Explain why the rationale is flawed.
    This method of selecting or promoting judges shows that the judges may have received their
    appointment through political influences, rather than through merit.
    3. Propose an amendment. Justify your proposal.
    A remedy may be adding an examination that would prove them deserving to their desired appointments, which would serve as a second bar exam given by the Supreme Court, whose primary purpose is to further test each nominee’s judgment.
    B. Dissenting Opinion: (5 points)
    Make a case for the status quo (current state of affairs).
    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.
    The Judicial and Bar Council is created to improve the method by which justices, judges and prosecutors were selected or promoted.
    2. Explain why the rationale is correct.
    There are requirements that a lawyer should have in order for him to be nominated and the nominees are further assessed by the Council before the names are passed to the President so, the applicants background should have been studied as well as his credibility.
    3. Justify why the Judicial and Bar Council should stay.
    The Judicial and Bar Council aids in maintaining a good and balanced judiciary so it would be of great help if it would stay.

  46. A. Concurring Opinion:

    1- The Judicial Bar Council is created with the principal of recommending appointees to the Judiciary. The creation of the JBC preserves the independence of the judiciary, no influence from other sectors of the government.

    2- The main flaw is that the president still has the power to appoint whoever he/she likes. This clearly contradicts the purpose of the JBC, which is to keep the independence of the judiciary.

    3- I propose that the JBC be abolished unless the president’s power to appoint be removed and the JBC gets to choose instead (so that they serve their supposed purpose). Still, there should be ways to make sure that the JBC does not take sides and has the ability to choose the right people.

    B. Dissenting Opinion:

    1- The Judicial Bar Council is created with the principal of recommending appointees to the Judiciary. The creation of the JBC preserves the independence of the judiciary, no influence from other sectors of the government.

    2- Though the president has the power to appoint, the JBC is still the one making the list of possible appointees, thus making the president’s power limited. The president can’t always appoint whomever he/she wants. Also, the creation of the JBC is done under the supervision of the Supreme Court, assuring us that they will make the right decision. They are the ones who have knowledge about this stuff.

    3- The JBC should stay because the appointment of the members of the judiciary is very important. Having the JBC makes the choosing more thorough and dependable. More opinions, the better.

  47. A. Concurring Opinion:
    (5 points)
    Make a case for the abolition of the Judicial and Bar Council.
    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.
    As stated in the constitution, the principal function of the Judicial and Bar Council is to recommend appointees to the Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it. Only those nominated by the Council in a list to be officially transmitted to the President of the Philippines may be appointed by the latter as Justice or Judge in the Judiciary or as Ombudsman or Deputy Ombudsman.

    2. Explain why the rationale is flawed.
    The JBC is composed of eight members and the regular members are appointed by the president. It is almost as if the majority of the members are there only as representatives of the Executive department. From the first screening to the last, the executive department has great influence and control. It’s hard to say that the selection process is untainted or whether there is a major difference between having a list and not having a list. Also, the judiciary department technically does not involve the president (i.e. he/she is not a member of the judiciary). Why must someone have this great power over a department in which he/she is not even a member of?

    3. Propose an amendment. Justify your proposal.
    The proposal to assign the task of determining who meets the constitutional requirements to the IBP could be a good initiative towards a more transparent system. The members of the IBP have sufficient knowledge of the law and they know what the job of a judiciary official entails. Unlike in the JBC, the IBP which is the nationwide organization of lawyers also overcomes the limitation in the number of members. Thus, it can be assumed that whoever they choose is the best qualified.
    B. Dissenting Opinion:
    (5 points)
    Make a case for the status quo (current state of affairs).
    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.
    The JBC has the great responsibility of determining who are qualified to merit a recommendation to the president. In the assessment of candidates, the JBC has a set of defined rules or criteria which should be considered in the selection and nomination of prospective appointees, to be submitted to the President for his/her final consideration in the exercise of his/her appointing power. The prescribed rules are to ensure that the selection proceedings are uniform and stable.

    2. Explain why the rationale is correct.
    The rationale is correct. There’s a need for such council in order to guarantee that the candidate does have the qualifications independent of his/her connections.

    3. Justify why the Judicial and Bar Council should stay.
    The Judicial and Bar Council should stay. It’s not like the council just randomly chooses someone. The council has to follow defined and established rules. The person who aspires to fill a vacancy must first submit an application form. The council’s role is to screen who meets the requirements. The publication of the list of applicants invites the public to inform the Council within the period fixed of any complaint or derogatory information against the applicant. And the president’s responsibility, as the head of the state, is to the whole nation. In this sense, no one’s trying to dominate anything.

  48. A. Concurring Opinion

    The Judicial and Bar Council is given the task of providing and recommending possible list of candidates for the vacant positions in the Supreme Court and also for the other lower courts to the president. This is to remedy the political influence in appointing candidates for vacansies

    The rationale meets many flaws for the president is the sole person who appoints for the positions. In this manner, political influence is not minimized nor avoided for the president may choose not to appoint candidates who has the characteristics of a good leader but those candidates that will be beneficial to his regime.

    The Judiciary and Bar Council should be retained and not ever be abolished for they should be the one that appoints vacancies. This is because experience wise, they know better than the president of whom to appoint.

    B. Dissenting Opinion

    The Judicial and Bar Council is given the task of providing and recommending possible list of candidates for the vacant positions in the Supreme Court and also for the other lower courts to the president. This is to remedy the political influence in appointing candidates for vacansies.

    The rationale is flawless because they are able to nominate members without any form of bias from the President. They are given a chance to give their opinions as to who they want to lead..

    The Judicial and Bar Council should be retained because they know who should be appointed by the president. Also, this body settles disputes and issues regarding the appointment of the president.

  49. 3ECEA
    PGC – – Quiz 1

    ABOLISH the Judicial and Bar Council

    A, Concurring Opinion
    All possible qualified candidates that can become the next members of the Judiciary are first enlisted and assessed by the Judicial and Bar Council of the Philippines. Only after much consideration, they are to recommend appointees to the Judiciary. The President, then, shall have the final decision on who will be the next members of our Judiciary. The issue on this said rationale lies on the essence of the task performed by the JBC. Members of the Judicial and Bar Council are appointed by the President subjected to confirmation by the Commission on Appointments. Then, the JBC recommends appointees to the Judiciary, which shall then be approved solely by the President. Isn’t this setup is too redundant? It can also be prone to outside political influences. I think it is too biased if we will let the President decide on the matter of appointing the next memers of the judiciary, if this will be the case then, we should just let the President choose whoever he/she likes and just let the JBC be abolished. One way to remedy this flaw is to dissolve the Judicial and Bar Council of the Philippines since in the end, it is still up to the President on who will be the next members of our Judiciary. Based from the Constitution, the President can still appeal to change or revise the list of appointees prepared by the JBC if he or she thinks that no one in the list of the candidates fits for the position. The whole process is repetitive and unnecessary actually.

    B. Dissenting Opinion
    The Judicial and Bar Council has been vested by the Constitution the principal function of recommending appointees to the Judicial Department. This function defines the Judiciary Department’s distinct identity and sustains its independence which distinguishes it apart from the legislative and executive departments. This rationale is essentially acceptable. It is expected that giving to the Judicial and Bar Council, in place of the Commission on Appointments, the exclusive authority to nominate justices and judges will further insulate the judiciary from political intrusion, result in the appointment only of persons of proven competence, integrity, probity and independence. Also, it is a condition that the President cannot appoint anybody outside the list prepared by the JBC. We can count on the Council that all of the candidates they have chosen are good enough and credible enough to be the next member of the judicary, independence.

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