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Rule No. JBC-10

 

JUDICIAL AND BAR COUNCIL

RULE NO. JBC-10

RULE TO FURTHER PROMOTE PUBLIC

AWARENESS OF AND ACCESSIBILITY TO THE

PROCEEDINGS OF THE JUDICIAL AND BAR COUNCIL

The Constitution vests upon the Judicial and Bar Council the principal function of recommending appointees to the Judiciary (par. 5, section 8, Article VIII) and appointees to the positions of Ombudsman and Deputy Ombudsman (sec. 9, Article XI).

 

In this delicate task, the Council has always maintained that transparency and public awareness of its proceedings in the consideration of candidates to the aforementioned positions is a vital factor in the preparation of the list of nominees to be submitted to the President. Conformably with this postulate and pursuant to Section 1, Rule 7 of the Rules (JBC-009) of the Judicial and Bar Council as amended on 14 August 2002, the Council hereby adopts this Rule:

 

SECTION 1.         The Judicial and Bar Council shall deliberate to determine who of the candidates meet prima facie the qualifications for the position under consideration. For this purpose, it shall prepare a long list of candidates who prima facie appear to have all the qualifications. The Secretary of the Council shall then cause to be published in two (2) newspapers of general circulation a notice of the long list of candidates in alphabetical order.

 

The notice shall inform the public that any complaint or opposition against a candidate may be filed with the Secretary within ten (10) days thereof.

 

SEC. 2.    The complaint or opposition shall be in writing, under oath and in ten (10) legible copies, together with its supporting annexes. It shall strictly relate to the qualifications of the candidate or lack thereof, as provided for in the Constitution, statutes, and the Rules of the Judicial and Bar Council, as well as resolutions or regulations promulgated by it.

 

The Secretary of the Council shall furnish the candidate a copy of the complaint or opposition against him. The candidate shall have five (5) days from receipt thereof within which to file his comment to the complaint or opposition, if he so desires.

 

SEC. 3.    The Judicial and Bar Council shall fix a date when it shall meet in executive session to consider the qualification of the long list of candidates and the complaint or opposition against them, if any. The Council may, on its own, conduct a discreet investigation of the background of the candidates.

 

On the basis of its evaluation of the qualification of the candidates, the Council shall prepare the shorter list of candidates whom it desires to interview for its further consideration.

 

SEC. 4.    The Secretary of the Council shall again cause to be published the dates of the interview of candidates in the shorter list in two (2) newspapers of general circulation. It shall likewise be posted in the websites of the Supreme Court and the Judicial and Bar Council.

 

The candidates, as well as their oppositors, shall be separately notified of the date and place of the interview.

 

SEC. 5.    The interviews shall be conducted in public. During the interview, only the members of the Council can ask questions to the candidate. Among other things, the candidate can be made to explain the complaint or opposition against him.

 

The proceedings shall be in writing. Cameras and tape recorders, however, shall not be allowed inside the room.

    (deleted during the JBC En Banc meeting on 18 June 2012 held at the Supreme Court En Banc Conference Room)

 

No live TV and radio coverage of the proceedings shall be permitted.

    (deleted during the JBC En Banc meeting on 18 June 2012 held at the Supreme Court En Banc Conference Room)

 

SEC. 6.    After the interviews, the Judicial and Bar Council shall again meet in executive session for the final deliberation on the short list of candidates which shall be sent to the Office of the President as a basis for the exercise of the Presidential power of appointment.

 

This Resolution shall take effect on the first day of October 2002 after its publication in a newspaper of general circulation in the Philippines.

Promulgated this 23rd day of September 2002.

 
 

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