QUIZ 1: ARTICLE VIII (Judiciary Department)

Write a concurring opinion and 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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44 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 the one to recommend appointees in the judiciary. It is also in-charge of the Philippine Bar Examinations. The very 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 one to appoint the members of the Judicial and Bar Council is the President. He/she could appoint the members of his/her choice 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.
    The ones to recommend appointees in the judiciary should be the justices themselves. If the Judicial and Bar council is to be retained, then the ones to appoint its members shall also be the justices themselves. It is because the know themselves better than the ones out of their league.
    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 the one to recommend appointees in the judiciary. It is also in-charge of the Philippine Bar Examinations. The very 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 and Bar Council preserves the independence of the judiciary by not being biased to any of the justices they recommend.

    3. Justify why the Judicial and Bar Council should stay.
    The Judicial and Bar Council should stay because it lessens the work of the Department of Justice and Supreme Court. The council already helps them being the one to organize the Philippine Bar Examinations.

  2. 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 responsible for the recommendation of the appointments of the Judiciary department. It is also responsible for handling the Philippine Bar Examinations. Having a separate council to handle appointments in the Judiciary supports the autonomy and independence of the department from the other two departments.

    2. Explain why the rationale is flawed.
    -The one to appoint members of the Judicial and Bar Council is the President. This is unfair because the President can appoint members that are loyal to him/her. They can and may be manipulated to appoint members to the President’s favor. Also, the President is not part of the Judiciary department but of the Executive. Therefore, he/she cannot appoint out of his/her jurisdiction.

    3. Propose an amendment. Justify your proposal.
    -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:
    (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 responsible for the recommendation of the appointments of the Judiciary department. It is also responsible for handling the Philippine Bar Examinations. Having a separate council to handle appointments in the Judiciary supports the autonomy and independence of the department from the other two departments.

    2. Explain why the rationale is correct.
    -The Judicial and Bar Council will serve as an unbiased group. They will appoint chief justices without any bias to any of the appointments. They will be an independent council and will not favor the people they appoint.

    3. Justify why the Judicial and Bar Council should stay.
    -The JBC are the ones who handle the Philippine Bar Examinations. They are the ones who handle the upcoming lawyers and justices. This means less work for the Supreme Council, who handles a lot of cases everyday and may not have enough time to handle other matters.

  3. A. Concurring Opinion

    The JBC (judicial and bar council) was established for the purpose of recommending appointees for vacancies in the composition of the Supreme Court and the lower courts.Its primary function is recommend appointees to the president. The appointee chosen by the president is no longer reviewed by the Comission on Appointments.

    The major is that the executive and the judiciary are separate entities. The provision clearly shows the violation of this since the executive is the one that decides who will be a part of the judiciary.

    The judiciary should be the one making appointments. They themselves are already able enough to make decisions on who they want as their leader

    B. Dissenting Opinion

    The JBC (judicial and bar council) was established for the purpose of recommending appointees for vacancies in the composition of the Supreme Court and the lower courts.Its primary function is recommend appointees to the president. The appointee chosen by the president is no longer reviewed by the Comission on Appointments.

    The provision is correct because it enables the judiciary to have elect its members without any bias through the decision of the president.

    The JBC should be retained because it helps lessen the load of obligations of the supreme court and the lower courts

  4. 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 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.

    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.
    – The most proper individuals to choose who should be appointed are those who know the law by heart. These individuals should no longer answer to the president since they know the criteria and who will pass the criteria. They have knowledge sufficient enough to appoint who they think is best for a certain position in the judiciary 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 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.

    2. Explain why the rationale is correct.
    – They have the knowledge to judge who can best hold a position in the judiciary department. The president, being a representative of the people, will give the final judgment. This would be as if the people chose the candidate because he/she can hold such position best. This is given because the reason why the president is the leader of the nation is because the people put their trust in him/her.

    3. Justify why the Judicial and Bar Council should stay.
    – The council should stay because they know best the criteria of the positions which are to be filled in the judiciary department.

  5. A.

    1. RATIONALE IS THAT…
    …the creation of the Judicial and Bar Council 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. THE RATIONALE IS FLAWED BECAUSE…
    …according to a new rule now found in Section 2 of Article VIII, no law shall be
    passed recognizing the Judiciary when it undermines the security of its members. it clearly
    states that the Judiciary Council has the sole power to abolish a law that may be a threat
    or discomfort to them.
    3. I PROPOSE…
    …that additional measures on how a law must be processed under this department
    must be established by a neutral committee to prevent bias. this goes as well as to the
    allotment of its funds as emoluments among its members.

    B.

    1. RATIONALE IS THAT…
    …the creation of the Judicial and Bar Council 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. THE RATIONALE IS CORRECT BECAUSE…
    …it is composed of many members (a chief justice and 14 associate justices) who
    sit as a whole body who decide on such cases which are vital to the government as well
    as reversals or modifications of a doctrine laid by the supreme court.
    3. THE JUDICIAL AND BAR COUNCIL SHOULD STAY BECAUSE…
    …it is the part of the government which has the duty to settle actual controversies
    involving rights legally demandable and enforceable and to be able to give just and lawful
    punishment to those who do not abide by the law.

  6. 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 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.

    2. Explain why the rationale is flawed.
    —> The rationale is flawed because the president is the only one who will decide who he will appoint. If he doesn’t like the list given to him, making the appointment favorable to the president.

    3. Propose an amendment. Justify your proposal.
    —> They should make a committee among themselves to decide who is best suited for the job.
    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 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.

    2. Explain why the rationale is correct.
    —> The Councils hierarchy is well build and due process is being enforced.

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

  7. A. Concurring Opinion:

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.
    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 flawed.
    The rationale is flawed because there is the sense of being biased since the President is the one that appoints the members of the Judicial and Bar Council of the Philippines. With this, she can easily manipulate the whole of the justice system in her favor.

    3. Propose an amendment. Justify your proposal.
    The appointees should be chosen or elected by their fellow Justices. This is to avoid the favoritism since there would be balance in the voting. This would also hinder the personal gains of officials who would corrupt the justice system.

    B. Dissenting Opinion:

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.
    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 remains to be independent of its ability to appoint and recommend justices hence, preventing foreign interests from interfering.

    3. Justify why the Judicial and Bar Council should stay.
    The Judicial and Bar Council should stay because it is the body created to appoint deserving justices is their position.

  8. 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 rationale of the Judicial and Bar Council creation is the necessity of attaining and preserving the independence of the judiciary. It was created in order to provide the president a list of eligible appointees for certain positions. JBC is made so that political influence can be minimized or removed.

    2. Explain why the rationale is flawed.
    -The president is the one who appoint members of the Judicial and Bar Council. This further increases political influence because the president can appoint members that are loyal to him. The president can indirectly manipulate the appointment of members in the judiciary department.Furthermore, the President is part of the executive department not of the judiciary department. Therefore, the president cannot appoint out of his jurisdiction.

    3. Propose an amendment. Justify your proposal.
    -The President should not be the one who is appointing the members of the Judicial and Bar Council. I think a group of individuals or a committee who knows the law should be the one who will appoint the members of the Judicial and Bar Council.

    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 rationale of the Judicial and Bar Council creation is the necessity of attaining and preserving the independence of the judiciary. It was created in order to provide the president a list of eligible appointees for certain positions. JBC is made so that political influence can be minimized or removed.

    2. Explain why the rationale is correct.
    -The Judicial and Bar Council is an idependent group of individuals who will not favor the people whom they appoint.

    3. Justify why the Judicial and Bar Council should stay
    -The Judicial and Bar Council should stay because it lessen the load of obligations of the supreme court and the lower courts. They are made to be a neutral part of the government so it can minimize or remove political influences.

  9. 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 created to give the president choices on whom to appoint on certain positions in the Supreme Court. This aims to prevent the abuse of the president’s power such as manipulation in the appointing of officials.

    2. Explain why the rationale is flawed.
    >>The rationale is flawed because it is the president who appoint the members of the Judicial and Bar Council. Doing so, he/she can still have the control and the ability to manipulate the lists of the justices, that of which can work in his/her favor.

    3. Propose an amendment. Justify your proposal.
    >>The justices themselves know each other well and they know the ones best suited for the job. I think it is best to leave it in their decisions, based on elections among themselves.

    B. Dissenting Opinion:

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.
    >>The Judicial and Bar Council is created to give the president choices on whom to appoint on certain positions in the Supreme Court. This aims to prevent the abuse of the president’s power such as manipulation in the appointing of officials.

    2.Explain why the rationale is correct.
    >> The rationale is correct because the Judicial and Bar Council is an independent group and therefore would help avoid bias in appointing officials.

    3. Justify why the Judicial and Bar Council should stay.
    >>The Judicial and Bar Council should stay because they are the ones who are the most familiar in such things, such as knowing what the government needs, and who can provide that need.

  10. 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.

  11. A. Concurring Opinion

    1.) The Judicial and Bar Council was created for these following reasons:
    -to recommend appointees to the Judiciary only persons of proper competence, integrity, probity and independence;
    -to enhance the quality of the search, screening and selection processes of the Council;
    -to speed up the processing of application for vacancies especially for salas with heavy caseload;
    -to promote transparency and public awareness of matters involving the nomination process in the Council; and
    -to insulate the nomination process from undue politicization.

    2.) Although the JBC is created to promote honesty, integrity, dedication and competence among the judges to be appointed by the President of the Philippines, it has still some flaws. We know that the president if the one who appoints the members of the Judiciary Department. The JBC just presents to the president his/her options. So, if the president doesnt want the nominees presented to him/her by the JBC, he/she will just reject them until the names of the persons he/she wants to appoint appear on the list of the JBC.

    What I am trying to say here is that the President has the tendency to be biased in appointing the members of the Judiciary. He/She has the power to choose whom he/she feels who would be of her favor when time comes. He/She can pick the persons who can be his/her possible allies. If these happens, the JBC would be useless. That is why it should be just abolished.

    3.) If I have the power to amend the Constitution, I would suggest that the appointing of the members of the Judiciary Department should be elected by the Filipino people together with the election of the Senators, President, Vice President and Congressmen because they are leaders as well. Though it is an additional financial burden, we can be sure that our Judiciary is open to the public just like the Legislative and Executive Departments.

    B. Dissenting Opinion

    1.) The Judicial and Bar Council was created for these following reasons:
    -to recommend appointees to the Judiciary only persons of proper competence, integrity, probity and independence;
    -to enhance the quality of the search, screening and selection processes of the Council;
    -to speed up the processing of application for vacancies especially for salas with heavy caseload;
    -to promote transparency and public awareness of matters involving the nomination process in the Council; and
    -to insulate the nomination process from undue politicization.

    2.) The JBC is created to eliminate, if not lessen the dishonesty and unfairness of the process in appointing the members of the Judiciary Department. These people are chosen to recommend rightful appointess that’s why we should trust them. They know better than us, even better than the president.

    3.) The JBC should stay because it is an independent, efficient and a proactive sentinel of judicial service, guided only by the principles of integrity, excellence and competence. The members are ensured to be just and fair so let’s put our trust unto them.

  12. A. Concurring Opinion:

    The judicial and bar council was created primarily to recommend appointees for vacancies that may arise in the composition of the Supreme Court. It’s created to limit the political influence in the selection of the appointees to the Judiciary.

    The rationale behind the creation of the Judicial and Bar council is flawed because political influence in appointing members is still very present. We can not deny the fact that in the end of the president still has the power to choose who will be appointed. The president can continue to reject proposed members until he/she finds somebody that will suit her prference. The political influence in the selection actually wasn’t really gone; it just prolongs the process itself. The members are still subjected to the executive influences.

    It will be best if the members of the Judicial and Board council itself will appoint new members for vacancy in the Judiciary department. Members of JBC have sufficient qualifications in appointing the members; they have more experience and knowledge about that matter.

    B. Dissenting Opinion:
    The judicial and bar council is created primarily to reccomend appointees for vacancies that may arise in the composition of the Supreme Court. It’s created to limit the political influence in the selection of the appointees to the Judiciary.

    The fact that a group of knowledgable people chooses the proposed members there is lesser political influence present in the said process. The decision will be less biased.

    The Judicial and Bar council should stay for it will ensure that the candidates have reputation for honesty, incorruptibility, irreproachable conduct and fidelity to sound moral and ethical standards.

  13. A. Concurring Opinion

    The Judicial and Bar Council is created to provide and recommend possible list of candidates for vacancies in the Supreme Court and other lower courts to the president. This is to minimize political influence in appointing candidates for vacant position.

    The rationale is flawed because the president is the one who appoints the candidates for the position. In this case, political influence is not merely minimized nor avoided because the president may choose not to appoint candidates who has the characteristics of a good leader but those candidates he/she really likes to work with.

    The Judiciary and Bar Council should be retained because they should be the one making the appointments to vacancies. It is because they know better than the president who among themselves possesses the criteria of being a good leader.

    B. Dissenting Opinion

    The Judicial and Bar Council is created to provide and recommend possible list of candidates for vacancies in the Supreme Court and other lower courts to the president. This is to minimize political influence in appointing candidates for vacant position.

    The rationale is correct because they are able to nominate their members without any bias from the President. Also, they are given a chance to give their opinions as to who they want to be their leader.

    The Judicial and Bar Council should be retained because are the one who knows best who should be appointed by the president. Also, this body helps minimize unsetteled issues regarding the appointment of the president.

  14. Concurring Opinion:
    > Judicial and Bar council of the Philippines was established so as to have a unified body on proposing the next apointees to the judiciary which later on will be passed to the President of the Philippines and its up to the President on whom he/she thinks fits for the position. This is the main issue, the Judicial and Bar council of the Philippines should be so- called as an independent body which means they will be the one who will choose whom they think fits for the position in the Judiciary, but what happens is that they are only choosing candidates for “APPOINTEES” and in the end , it is still up to the powers of the President to choose on who will be the members of the next Judiciary.
    > Don’t we think that the members of the JBC solely can decide on this matter since they are composed of different bodires coming from the different branches in the Judiciary system? And therefore, since they come from different branches of Judiciary, we can say that they are people who are well trained and have somewhat gained credibility from their field of work. 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 dissolved.
    > I can proposed that the Judicial and Bar Council of the Philippines should be dissolved since in the end, it is still up to the President on who will be the next members of our judiciary, because in our constitution the President can still changed or revise to the JBC the list of appointees if he.she thinks that no one in the list of the candidates fits for the position.Lastly, we should Remember that the our Judiciary system SHOULD BE INDEPENDENT since it is the one who gives EQUALITY to every people of its nation.

    Dissenting Opinion:
    > The Judicial and Bar council of the Philippines serves as group to list down all the possible qualified candidates that can be the next member of the Judiciary in the Philippines, and after sorting they will pass it on to the President for the Final decision on who will be the next member in our Judicciary.
    > This rationale is correct since the members of the Judiciary are composed of well known people in the field of Judicial system in the Philippines, even a professor of Law is included in the member of the body. Since in this case, we can assure that they will short listed ALL of the QUALIFIED candidates of whom they think are well credible enough and have somewhat already proved something in the name of justice in the Philippines.
    > Since they are all well-known people in their respective field of Specialization, especially in Judicial system, we can count on them that all of the candidates they have chosen are good enough and credible enough to be the next member of the judicary, This is the expertise of the JBC so the president and even us really needs this group to list down all the possible appointees for our government to have a SAFE and EQUAL treatment for every people of the Philippines under its sovereignity,

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

    The Judicial and Bar Council (JBC) is created under the judiciary department by the constitution. It is composed of 7 members who are appointed by the President of the Philippines and are considered to be people with proven competence and integrity. This council’s function is to recommend nominees for quality appointments of different agencies to be made by the President.

    The rationale is flawed because the appointments may be subject to misuse of political power or for protection of political interest. The council may recommend nominees who may benefit them personally or who may have been beneficial to them or to their gain.

    Such flaw may be adjusted by making amendments. One improvement may be by introducing certain qualifications for a person to be nominated for a specific position. Another is that the judiciary, as a whole, should be able to decide who to appoint but the president may contradict just like in the case of veto in passing of bills.

    B. Dissenting Opinion.

    The Judicial and Bar Council (JBC) is created under the judiciary department by the constitution. It is composed of 7 members who are appointed by the President of the Philippines and are considered to be people with proven competence and integrity. This council’s function is to recommend nominees for quality appointments of different agencies to be made by the President.

    The reason for creating the JBC under judiciary basically is to look over the judiciary appointments. The council is appropriate for the function of recommending appointees because they are knowledgeable in terms of judiciary functions since they are expected to be. The council members also have a wide influence since the members represent different groups. Such influence is beneficial to the flexibility in making decisions at hand.

    The JBC cannot be abolished since it is constitutionally created. An amendment should first be passed before such removal is made possible. Also, since the members are expected to be competent and independent, their decisions are supposed to be credible and sufficient in their understanding for the needs of the judiciary.

  16. A. Concurring Opinion:

    The Judicial and Bar Council is a body that recommends appointees of the Judiciary to be appointed by the president. But the Judicial Department is an independent body, so why does the Judicial and Bar Council get to choose possible Judiciary Members? The Council does not have representative from each region of the Philippines. It does not represent the Filipino people.

    Justices need to be voted. There will be no need for a Judicial and Bar council; therefore, it should be abolished.

    B. Dissenting Opinion.

    The Judicial and Bar Council is made up of people who studied law. They also know the Constitution more than we do and they know people in their line of work who are fit to be a Justice.

    The Council is separate body from the Government that recommends appointees. This keeps political influence
    to a minimum. They decide regardless of the influence of other political figures. This makes their decisions unbiased.

  17. A. Concurring Opinion:

    The Judicial and Bar Council preserves the independence of the judiciary. It is the one to recommend appointees in judiciary. It also takes charge in the Bar exams.

    The flaw to this rationale is that it claims that the judiciary is an independent body but it only gets to recommend appointees instead of being the one to choose them.

    The Judiciary must be the one to appoint its regular members by means of votation because them know better of the ones deserving for the position and it may better protect the integrity of the judiciary.

    B. Dissenting Opinion:
    (5 points)

    The Judicial and Bar Council is composed of 7 members that are considered to be people with proven competence and integrity. Its function is to recommend nominees for appointments of different agencies to be made by the President of the Republic.

    The rationale is correct because the members of the council are chosen because of they are qualified for the position. They have the sufficient knowledge about the judiciary that makes them efficient in recommending appointees rightful for the position. They are also from different fields making the council flexible in making necessary decisions.

    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 decisions.

  18. 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.
    2. Explain why the rationale is flawed.
    3. Propose an amendment. Justify your proposal.

    The Judicial Bar and Council is created under the supervision of the Supreme Court mainly for giving appointees to the judiciary. It is for the judiciary to be independent from the legislative and the executive departments.

    If the Judicial and Bar Council is created so that it preserves the integrity of the Supreme Court, why is it only appointing nominees to the judiciary instead of the one choosing them. Among the nominees the president chooses the one who will be appointed to the judiciary. This power of the president to appoint compromises the integrity of the judiciary making it not independent from the influence of the executive department.

    To amend this I would prefer the Judicial and Bar Council to not only nominate but also appoint people to the judiciary. The president will not the power to appoint but we can give a power to veto just like when the congress is passing a bill. The Judicial and Bar Council is a group of person that have the credentials to appoint to 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.
    2. Explain why the rationale is correct.
    3. Justify why the Judicial and Bar Council should stay.

    The Judicial and Bar Council was created under the supervision of the judiciary department by the constitution. It is composed of seven members who are appointed by the President of the Philippines and are considered to be people with proven capable knowledge and competence. This council’s function is to recommend nominees for appointments of judiciary to be made by the President.

    The JBC gives a list of names for the president to choose to be appointed. The people in the list are well investigated or studied by the JBC so that they are capable of the position they are nominated to, The JBC also remove or minimize the political bias in choosing the nominees making it safe to say that the one appointed by the president is not influence by other department.

  19. 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.

    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. Explain why the rationale is flawed.

    The President is the one to appoint the members of the council. Personal interest may rise from the President in choosing who’s to appoint. He/she may freely choose someone loyal to him/her to be a member of the council. In this way, he/she can manipulate the appointed justices in the Judiciary Department.

    3. Propose an amendment. Justify your proposal.

    To maintain its independence from the other sectors of the government, the justices of the Supreme Court and other law courts must be recommended by the justices themselves. They know better about those people who have the potential to be a justice.

    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.

    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. Explain why the rationale is correct.

    The rationale is correct because there must be an independent body to recommend appointees for the law courts. The appointees must first meet the requirements of the Judicial and Bar Council before they can be appointed as a justice of any law court. The creation of the council also avoids any factions from the Judicial Department, if they are the ones to recommend appointees, when choosing each candidate to fill a vacant seat in the court.

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

    The Judicial and Bar Council should stay to avoid any interference from any sectors of the government when recommending appointees. They are also the one that manages the Philippine Bar Examinations. They know the abilities of their members thus they can provide the best recommendations for the position in any law courts.

  20. A.
    The Judicial and Bar council of the Philippines was created to supervise the recommendation of judicial members.
    It is flawed because the one appointing the emebers was given to the President.
    Members of the Judicial and Bar Council should be shosen by the members of the Integrated Bar.

    B.
    The Judicial and Bar council of the Philippines was created to supervise the recommendation of judicial members.
    The Judicial and Bar Council must be the one to recommend appointees for the judiciary department because they know what are the good standards of every lawyer.
    They should stay even they are not the one appointing the judicial members, they won’t recommend someone whom they think can’t do the job very well.

  21. 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.
    -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. It prepares a list of nominees to the president for every vacancy of the Supreme Court and judges of lower courts.

    2. Explain why the rationale is flawed.
    -It is the president that appoints the new justices in our judiciary department. In our constitution, it states that there is a separation of power between the judiciary and the executive department. In this type of situation, the separation of power is not practiced.

    3. Propose an amendment. Justify your proposal.
    -The one that should appoint a new justice should not be the president but the JBC itself. They know more about their colleagues and know more who must be appointed. The president has little knowledge on the people to be appointed.

    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.
    -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. It prepares a list of nominees to the president for every vacancy of the Supreme Court and judges of lower courts

    2. Explain why the rationale is correct.
    -The JBC prepares the list of nominees to the president. It should be really done by a council that knows more about their colleagues and know more about law courts. The justices that are appointed are well studied by the JBC and best fill the vacant seat.

    3. Justify why the Judicial and Bar Council should stay.
    – It should stay because it lessens the work load of the Supreme Court. They also are the ones that create the Bar exams. They have excellent knowledge on the people that must be appointed.

  22. 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 Department was created to have a unified body with judicial power. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights. Under this Judicial Department is the Judicial and Bar Council which recommends nominees for the president to choose who he/she would assign as members of the Supreme Court and/or other related positions under the Judicial Department.

    2. Explain why the rationale is flawed.
    The rationale is flawed due to the Bar’s Council ability to freely choose any person they may seem fit to be in the position as a nominee. The council may recommend nominees which suit their best interest or the interest of the president which, in the future, may affect or may benefit only themselves but not the law of the Philippines.

    3. Propose an amendment. Justify your proposal.
    A set of specific qualities should be present and shown even to the public as a guide to choose nominees so that the council members’ freedom to choose nominees is limited. Another amendment could be that a person could be a nominee if and only if the whole council seems him/her fit to that specific position.
    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 Department was created to have a unified body with judicial power. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights. Under this Judicial Department is the Judicial and Bar Council which recommends nominees for the president to choose who he/she would assign as members of the Supreme Court and/or other related positions under the Judicial Department.

    2. Explain why the rationale is correct.
    The rationale is correct due to the president’s power to have the final word to who ever will be appointed. It is in his/her discretion to choose from the nominees the best possible member. In this fashion any beneficial nominees given by members of the council may be rejected by the president

    3. Justify why the Judicial and Bar Council should stay.
    The Judicial and Bar Council should stay to have a certain body picking qualified nominees so that the president would not have the sole power to choose the members of the whole Judiciary Department. Their decisions are credible enough that they hold the Bar exams for law students therefore their recommendations for the positions in the Judiciary Department holds a lot of respect and dignity.

  23. A. Concurring Opinion:

    The Judicial and Bar Council, under the supervision of the Supreme Court, shall have the principal function of recommending appointees to the Judiciary. It was created to lessen the political influence in the recommendation of the appointees.

    The rationale is flawed because the President has been vested the power to appoint the candidate. Therefore, the so-called aim of the Judicial and Bar Council to lessen the political influence is already void, even from the beginning.

    In this case, the power vested upon the President should be invalidated. The members of the Judicial and Bar Council should not only recommend the appointees but should also be the one to choose the person to sit in the vacancy.

    B. Dissenting Opinion:

    The Judicial and Bar Council, under the supervision of the Supreme Court, shall have the principal function of recommending appointees to the Judiciary. It was created to lessen the political influence in the recommendation of the appointees.

    The rationale is correct because the members of the Judicial and Bar Council are all knowledgeable in the field. They can voice out who they want to be appointed and therefore, lessens the bias coming from the President’s appointment.

    The Judicial and Bar Council should stay because they know who best fits the category set for the appointees.

  24. CONCURRING OPINION

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

    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. Its role was to insulate the nomination process from undue politicization and promote transparency and public awareness of matters involving the nomination process in the Council. Members of the council are appointed by the President.

    Explain why the rationale is flawed.

    Members of the Judicial and Bar Council are appointed by the President subjected to confirmation by the Commission on Appointments. However, the appointing power of the President is executive in nature. The rationale therefore becomes flawed and contradicting because the Judiciary and Executive departments are entirely two different entities.

    Propose an amendment. Justify your proposal.

    Appointing members of the judiciary should be carried out by the judiciary body itself. It should decide for itself due to the reason that no other party has better comprehension or familiarity with their department other than them.

    DISSENTING OPINION

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

    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. Its role was to insulate the nomination process from undue politicization and promote transparency and public awareness of matters involving the nomination process in the Council. Members of the council are appointed by the President.

    Explain why the rationale is correct.

    The rationale is agreeable because the judiciary attains and preserves its independency by insulating of the nomination process from unjustified politicization or unbiased attribution.

    Justify why the Judicial and Bar Council should stay.

    The Judicial and Bar Council should stay. Though it was not designed to bring out the best lawyers and judges, it constantly recommends appointees to the Judiciary only persons of proper competence, integrity, probity and independence.

  25. CONCURRING 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 flawed.
    The rationale is flawed because there is the sense of being biased since the President is the one that appoints the members of the Judicial and Bar Council of the Philippines. With this, she can easily manipulate the whole of the justice system in her favor.
    3. Propose an amendment. Justify your proposal.
    -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.

    DISSENTING OPINION

    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.
    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 remains to be independent of its ability to appoint and recommend justices hence, preventing foreign interests from interfering.

    3. Justify why the Judicial and Bar Council should stay.
    The Judicial and Bar Council should stay because it is the body created to appoint deserving justices is their position.

  26. A. Concurring Opinion:
    1. The Judicial and Bar Council was created to recommend to the president of possible appointees to the Judiciary.

    2. The rationale is flawed because the one to appoint the members of the Judicial and Bar Council is the President. Of course she would appoint those whom she will be able to manipulate.

    3. The judiciary should be the one making appointments. They themselves are already able enough to make decisions on who are those qualified to be in position.
    .

    B. Dissenting Opinion:
    1. The Judicial and Bar Council was created to recommend to the president of possible appointees to the Judiciary.

    2. The rationale is correct because the JBC preserves the independence of the judiciary by not being biased.

    3. The Judicial and Bar Council must stay because it lessens the burden of the Department of Justice and Supreme Court. They are the ones who organize the Philippine Bar Examinations.

  27. A. Concurring Opinion:

    The JBC or the Judicial and Bar Council is a constitutionally-created body that is basically responsible for recommending appointees for vacancies that may arise in the composition of the Supreme Court and other lower courts.

    The rationale is flawed because it is the President would be the one responsible for appointing the members of the JBC. In such way, he/she can create prejudiced decisions which in return can protect his/her political interest.

    The President should not interfere with the decision of the justices because the judiciary department is independent; the justices themselves should be the one responsible for their members because they are more knowledgeable than the president regarding that matter.

    B. Dissenting Opinion:

    The JBC or the Judicial and Bar Council is a constitutionally-created body that is basically responsible for recommending appointees for vacancies that may arise in the composition of the Supreme Court and other lower courts.

    The rational is correct because it serves as an independent body which helps the other courts, and prevents bias in making decisions.

    The Judicial and Bar Council should stay to lessen the burden of the President to choose among the number of qualified members in order to be in the judiciary department.

  28. A. CONCURRING OPINION

    1. State the rationale of the creation of Judicial and Bar Council.
    The Creation of the Judicial and Bar Council is necessary in preserving independence in our judiciary system because the JBC are the ones who recommend the possible candidates for appointees in our Judiciary.
    2. Explain why the rationale is flawed.
    Having this kind of system, the President may not approve the said list provided to him/her by the JBC, thus making the council reconstruct another one. With this, the President can abuse it, making them make list after list until a suitable person is seen.
    3. Propose an amendment. Justify your proposal.

    The Justices should be the proper ones to appoint the next ones because they are the ones who know the law by heart and will have the right knowledge of the criteria of a suitable Justice.

    B. DISSENTING OPINION

    1. State the rationale of the creation of Judicial and Bar Council.
    The Creation of the Judicial and Bar Council is necessary in preserving independence in our judiciary system because the JBC are the ones who recommend the possible candidates for appointees in our Judiciary.
    2. Explain why the rationale is correct.
    This JBC prevents the biased decision in choosing the appointees for the Judiciary, thus preserving independence in it.
    3. Propose an amendment. Justify your proposal.

    The Judicial and Bar Council should be retained and strengthened if able because they take care of other job which lessens the load of the Department of Justice and Supreme Court.

  29. A. Concurring Opinion:

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

    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. Explain why the rationale is flawed.

    The rationale is flawed because the one to assign the members of the Judicial and Bar Council is the President. Therefore he may control & manipulate the members of Judicial and Bar Council, in this manner, hindrances will not be a dilemma because members whom he chose are in favor of his decisions.

    3. Propose an amendment. Justify your proposal.

    The list of member of the Judicial and Bar Council must be chosen by the justices themselves. Moreover, they are the ones who know who are the most reliable member of the Council.

    B. Dissenting Opinion:

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

    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. Explain why the rationale is correct.

    The rationale is correct because the Judicial and Bar Council sustain the independence of the judiciary by being unbiased to any external factors in the decisions they recommend.

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

    The Judicial and Bar Council should stay because it helps the Department of Justice and Supreme Court by being the one to organize the Philippine Bar Examinations.

  30. 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 created under the supervision of the Supreme Court to primarily recommend appointees to the Judiciary. The Council is 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. Having the said members of the Council, it is ensured that there will be proper appointment to the Judiciary, such that only those who are really deserving will be appointed. It can also prevent manipulation in the appointing of officials.

    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.

    >> The final decision on the appointment to the judiciary must be from the Judicial and Bar Council, not from the President. Since the Council’s principal function is to recommend deserving appointees, the Council must know who among their recommended appointees is the most deserving.

    B. Dissenting Opinion:

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

    >> The Judicial and Bar Council is created under the supervision of the Supreme Court to primarily recommend appointees to the Judiciary. The Council is 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. Having the said members of the Council, it is ensured that there will be proper appointment to the Judiciary, such that only those who are really deserving will be appointed. It can also prevent manipulation in the appointing of officials.

    2.Explain why the rationale is correct.

    >> It is correct because the Judicial and Bar COuncil is independent, and therefore it can not be influenced by the executive department.

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

    >> The Judicial and Bar Council should stay because the members of this Council are the most appropriate to appoint officials to the Judiciary. They are the ones who can choose the most deserving ones.

  31. A. CONCURRING OPINION

    1. State the rationale of the creation of Judicial and Bar Council.
    The Judicial and Bar Council are the ones who give the president a list of people who they think are suitable to be the members of the Supreme Court, this guarantees that the law, as it is in our country, is not wholly dependent on our president.
    2. Explain why the rationale is flawed.
    Though it is by the choice of this council, it is still up to the president to choose the people whom he/she thinks is able to execute the law, and with the privilege to reject the list as many times possible, the president may still abuse this until finds a preferred list of people.
    3. Propose an amendment. Justify your proposal.
    It could only be proper that the appointing of the members of the Supreme Court be done within the current members because they are the ones who know the exact qualifications of being a member of the supreme court and we can be certain that their judgement upon this matter is credible.

    B. DISSENTING OPINION

    1. State the rationale of the creation of Judicial and Bar Council.
    The Judicial and Bar Council are the ones who give the president a list of people who they think are suitable to be the members of the Supreme Court, this guarantees that the law, as it is in our country, is not wholly dependent on our president.
    2. Explain why the rationale is correct.
    The Council are also members of the Supreme Court therefore they are properly informed of the qualifications on being an effective member of the Supreme Court.
    3. Propose an amendment. Justify your proposal.

    The responsibility of the law is given to the Judicial Department so therefore the appointing of its members should also be up to them and by them only. This way the system of the law in our country stays as it is and makes it less complicated.

  32. 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.

    The JBC was created in order to provide a selection of possible candidates for vacancies in the Supreme Court. It’s purpose is to ensure the independence of the Supreme Court by limiting outside influence in the selection of its members

    The rationale is flawed because the final decision still lies within the President, regarding the appointment of new members. The independence of the judiciary department is therefore compromised.

    In order to rectify this, what can be done is to leave the appointment process to be solely decided by members of the Supreme Court. This would maintain the independence of the Judiciary Department and eliminate outside influences.

    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.

    The JBC was created in order to provide a selection of possible candidates for vacancies in the Supreme Court. It’s purpose is to ensure the independence of the Supreme Court by limiting outside influence in the selection of its members

    The rationale is correct because the selection process ensures that the nominees are qualified since the members of the JBC are from different parts of the government and private sectors. Having the opinion of these people from different parts of government and the public, one can assume the nominees to be qualified to be in the position they were nominated to.

    The JBC should stay because it ensures that members of the Supreme Court are qualified. Without the JBC the selection of the members of the Judiciary Department may lead to unqualified people handling delicate matters of law and the constitution.

  33. A. concurring
    The rationale for establishing JBC is to have a council that will assign a qualified person to be a member of the Supreme Court.
    The rationale is not right because of horse trading, the president will appoint the JBC and in return the JBC will assign a favourable Supreme Court justice. In my opinion the president should not appoint the JBC, but it should be in elected by any law bodies like Integrated Bar of the Philippines.

    B. Dissenting
    The rationale for establishing JBC is to have a council that will assign a qualified person to be a member of the Supreme Court.
    The rationale is right because it is the president’s duty to appoint a well performing council. The members of the council should still be appointed by the president.

  34. 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 created for the purpose of appointing the officials of the Judiciary System.

    2. Explain why the rationale is flawed.
    The rationale is flawed because the president may have personal intentions in appointing people, and use it for his/her own gain.

    3. Propose an amendment. Justify your proposal.
    A new Council must be formed that will have a sole job in appointing people in the judiciary system. This council must be composed of different sectors of the society, such as the religous sector, the NGO sector, people from Law schools and other universities, etc.

    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.
    The rationale is correct because the president, as ruler of the country has the power to appoint people who are worthy and right of being included in the Judiciary system

    3. Justify why the Judicial and Bar Council should stay.
    The JBC should stay because it retains the freedom of our country.

  35. 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 was principally designed to eliminate politics from the appointment of judges and the justices. Thus, appointments to the judiciary do not have to go through political Commissions on Appointments.

    2. Explain why the rationale is flawed.

    The rationale is flawed because the president is the one to choose from the appointees, He may be unfair because he may choose the one who is close to him or he may choose the one who he can control. Therefore the president may use this on his advantage

    3. Propose an amendment. Justify your proposal.

    The JBC must also be the one to choose from the appointees because they know better than the president who really deserves the position.
    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 was principally designed to eliminate politics from the appointment of judges and the justices. Thus, appointments to the judiciary do not have to go through political Commissions on Appointments.

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

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

    The JBC should stay because they know who deserve to be appointed and not just leave the power alone to the president. And they are the one responsible for the Philippine Bar Examinations.

  36. A. Concurring Opinion:

    The Judicial and Bar Council (JBC) is created under the supervision of the Supreme Court to make a list of appointees to the Judiciary for the President to choose from. The JBC is made due to the need of attaining and preserving the independence of the judiciary. It is 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 is flawed because the members of the JBC are appointed by the President. The President may choose someone who is loyal to him/her so that he/she could still manipulate the justices in the judiciary in order to protect his/her political interest.

    In order for the Judiciary to be totally independent, the justices themselves should be the one responsible in choosing the members of the JBC and the members of the JBC should not RECOMMEND appointees but instead they should be the one to CHOOSE appointees, not the President. In this way, influence of the executive department to the Judiciary is prevented.

    B. Dissenting Opinion:

    The Judicial and Bar Council (JBC) is created under the supervision of the Supreme Court to make a list of appointees to the Judiciary for the President to choose from. The JBC is made due to the need of attaining and preserving the independence of the judiciary. It is 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 acceptable because the members of the JBC are obviously more knowledgeable about their colleagues and about their field; it is just proper that they are the ones who recommend appointees. It is also correct to have an independent body in recommending appointees to avoid manipulation and bias.

    The members of the Judicial and Bar council are composed of highly respected individuals, they are expected to be competent and unbiased, and thus they know how to make the right decisions for themselves. The JBC also lessens the burden of the President in finding the most qualified person for the Judiciary department.

  37. 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 very rationale of the JBC’s 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 the one to assign the members of the Judicial and Bar Council is the President. Through this, he/she can manipulate the justice system.

    3. Propose an amendment. Justify your proposal.

    – The members of the Judicial and Board Council will appoint new members for the Judiciary department.

    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 very rationale of the JBC’s 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 Judicial and Bar Council is an idependent group of individuals who will not favor the people whom they appoint.

    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.

  38. A. Concurring Opinion

    The Judicial and Bar Council is created for the reason it is the one who recommends appointees to the judiciary. They recommend appointees for vacancies that may arise from the Supreme Court and other lower courts.

    The rationale is flawed because the one who appoints the justices is the president. The judicial and bar council only recommends and have no further say to what is the president’s decision.

    The appointing power to the Justices should be the justices themselves and not from the president, to prevent favor and politicking from different parties. The president may add power to his/her political party by appointing a justice whom he/she favors.

    B. Dissenting Opinion

    The judicial and bar council is the one, who recommends appointees in the judiciary department, and its sole responsibility to attain and preserve the independence of the judiciary.

    The rationale is correct because it does not allow any other executive or legislative power to interfere with its independence.

    The Judicial and Bar council should stay because it allows the lessening of workload of the Supreme Court and the Department of Justice as it also helps the handling of the Philippine Bar Examinations.

  39. A. Concurring Opinion

    The Judicial and Bar Council is the one which is given the power to recommend the appointees of the Judicairy department. They are also the ones who are conducting the Philippine Bar Examinations. The Judicail and Bar Council was established for the Judicary department to have its independence against the other departments.

    The Judicial and Bar Council is flawed because the one who is to appoint the members of the Council is the President. He can appoint the members of the Council to be in favor of him to ensure that the justices to be recommended are also in favor of him and for his personal gain.

    For me, it would be better if the previous members of the Council would appoint someone who would replace their position and that the new Council shall recommend and appoint the new set of justices for the administration.

    B. Dissenting Opinion

    The Judicial and Bar Council is the one which is given the power to recommend the appointees of the Judicairy department. They are also the ones who are conducting the Philippine Bar Examinations. The Judicail and Bar Council was established for the Judicary department to have its independence against the other departments.

    The rationale for the Judicial and Bar Council is correct because they are a group of who are independent of their own decision in recommending the justices to be appointed for the Judicairy department. They should be unbiased.

    The Judicial and Bar Council should stay because the council is a good aid to the Judicary department. They lessen the job the Judiciary department does. the Judicial and Bar Council is the one responsible for the appointment of the justices and the one who facilitates the Philippine Bar Examinations.

  40. A. Concurring Opinion:
    (5 points)

    1. State the rationale (reason for being) for the President’s power to appoint the commissioners
    of COMELEC.
    2. Explain why the rationale is flawed.
    3. Propose an amendment. Justify your proposal.

    B. Dissenting Opinion:
    (5 points)

    1. State the rationale (reason for being) for the President’s power to appoint the commissioners
    of COMELEC.
    2. Explain why the rationale is correct.
    3. Justify why the Judicial and Bar Council should stay.

  41. 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 the one responsible for the recommendation of members of the Judiciary Department. Thus having this council supports the independence of the Judiciary Department.

    2. Explain why the rationale is flawed.

    It is because of the fact that the Judicial Bar Council only recommends individuals to be chosen as members of the Department the President is still the one who has the power to appoint them, thus may lead to the President choosing a person of which he/she will gain profit.

    3. Propose an amendment. Justify your proposal.

    The members of the Judicial Bar Council should be chosen by the Justices themselves because of the fact that they have a better understanding of the specific individuals understanding.

    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 is the one responsible for the recommendation of members of the Judiciary Department. Thus having this council supports the independence of the Judiciary Department.

    2. Explain why the rationale is correct.

    It is because they will serve as an unbiased party and because of the fact that they more about the capabilities of the person they are choosing.

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

    They should stay because of the fact that they are the ones to handle the Bar examinations that help take a load of the supreme council.

  42. 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 shall have the principal function of recommending appointees to the Judiciary. Basically, its function is proper Judicial selection. The effectiveness of any judicial organization, no matter how it is planned and structured will suffer if it is unable to get honest, dedicated and competent judges.

    2. Explain why the rationale is flawed.
    The regular members of the Council shall be appointed by the President with the consent of the Commission on Appointments. If they want to eliminate politics in the appointment of judges, 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. More so, the Council will still find it difficult to select deserving appointees of the Judiciary.

    3. Propose an amendment. Justify your proposal.
    If what they want is to select rightful judges to sit in the Judiciary, they should have the JBC be the one who’s responsible of appointing the regular members. To recommend is merely giving lists of judges but to be the one who appoints is a different thing. The JBC will be very useful and worth the budget if they will spend really good time in the selection and appointment of the Judiciary. They should be the one who will be accountable to and responsible for spending time in reviewing and studying the backgrounds of the judges to be selected.

    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 shall have the principal function of recommending appointees to the Judiciary. Basically, its function is proper Judicial selection. The effectiveness of any judicial organization, no matter how it is planned and structured will suffer if it is unable to get honest, dedicated and competent judges.

    2. Explain why the rationale is correct.
    If they want to eliminate politics in the appointment of judges, there should be the Council who will 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.

    3. Justify why the Judicial and Bar Council should stay.
    The JBC should stay precisely because having to select honest, dedicated and competent judges is difficult to do. The Justice and Supreme Court have their own loads of cases to deal with. They won’t have the means and time to really sit down and carefully examine the selection for the Judiciary.

  43. 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.

  44. 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 primarily to recommend appointees to the Judiciary. It is responsible for preparing a list of nominees to the president for vacancies in the Supreme Court and the lower courts.

    2. Explain why the rationale is flawed.
    This rationale is flawed because it’s the president that appoints the members of the JBC. The president might appoint someone who supports him/her and thus can manipulate the list of nominees for the Supreme Court.

    3. Propose an amendment. Justify your proposal.
    The next members of the Judicial and Bar Council should be appointed by the current members or at least by the Supreme Court. This is to maintain the integrity of the Judiciary Department and because it;s the justices who probably know who is most fit to be appointed in the JBC.

    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 primarily to recommend appointees to the Judiciary. It is responsible for preparing a list of nominees to the president for vacancies in the Supreme Court and the lower courts.

    2. Explain why the rationale is correct.
    The Judicial Bar and Council preserves the independence of the Judiciary Department. Instead of the president appointing whoever justice he/she wants, there will be a list of respectable nominees to choose from.

    3. Justify why the Judicial and Bar Council should stay.
    The Judicial and Bar Council should stay because it helps maintain the integrity of the Judiciary Department and it organizes the Philippine Bar Examinations.

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