Citing the need to strengthen the independence of the judiciary as a separate and co-equal branch of government, Iloilo 3rd District Rep. Lorenz Defensor has proposed that the members of the Supreme Court be elected by its incumbent members, instead of being appointed by the President.
The vice chairperson of the House Committee on Constitutional Amendments filed Resolution of Both Houses (RBH) No. 6 proposing amendments to Section 9, Article VIII of the 1987 Constitution.
“As one of the cornerstones of a democracy, an independent and impartial judiciary contributes to the equitable and stable balance of power within the government, and among others, ensures the protection of individual rights, preservation of the security of persons, and property, and increases public confidence in the integrity of the government,” he said.
“The system of appointment of members of the judiciary is a crucial mechanism to achieve judicial independence, which is necessary to ensure impartial decision-making by members of the judiciary and to promote the rule of law as well as strengthen the check and balance among the branches of government,” he stressed.
Under RBH No. 6, Defensor proposed that the members of the Supreme Court "shall be elected by incumbent members thereof who shall choose from a list of not less than three nominees per vacancy to be submitted by the President to the Chief Justice.”
The resolution provides that that the election shall be held within 30 days from the submission of the list, and the nominee garnering the highest number of votes shall be elected.
“In case of a tie, the first nominee of the President shall be the elected member,” it said.
Section 9, Article VIII of the 1987 Constitution states that the members of the Supreme Court and judges of the lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council (JBC) for every vacancy, and such appointments need no confirmation.
Defensor’s RBH No. 6 provides that for the lower courts, the High Court "shall constitute a special division composes of the five most senior members thereof, excluding the Chief Justice, who shall then elect from a list of three nominees submitted by the President within 90 days therefrom.”
“Within 90 days from the date of a vacancy in the judiciary, the JBC shall prepare and endorse a list of nominees for every vacancy to the President who shall submit the same to the Chief Justice of the Supreme Court,” the resolution said.
Under the 1987 Constitution, for the lower courts, the President shall issue the appointments within 90 days from the submission of the list.
RBH No. 6 provides that the Senate and the House of Representatives, by a vote of three-fourths of all its members, each House voting separately, propose amendments to Section 9, Article VIII of the 1987 Constitution.
“It is imperative to strengthen the independence of the judiciary as a separate and co-equal branch of government wherein the judiciary as an institution and its members are free from improper influence by other institutions and individuals,” Defensor said.