Judicial Bar Council

Someone asked me, "I have a friend who...

is curious as to who will appoint the next Chief Justice? Is it the President or the Judicial Bar Council?

My answer is under the 1987 Constitution, Art VIII Section 9, "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...."

So it is the JBC who will screen the nominees and come up with names the President can choose from. The JBC does not appoint the Chief Justice, it can only come up with a list of names the President will choose from. The President cannot appoint any tom dick or harry whose name is not on the JBC list. The JBC serves as the restriction on the right of the President's appointing power. 

Previously, under the 1935 Constitution, the President had the prerogative to appoint, but such appointment has to go thru the concurrence of the Commission on Appointment. 

Under Section 8. The Judicial and Bar Council is composed of 

1) the Chief Justice as ex officio Chairman, 
2) the Secretary of Justice, and 
3) a representative of the Congress, 
4) a representative of the Integrated Bar, 
5) a professor of law, 
6) a retired Member of the Supreme Court, and 
7) a representative of the private sector

The Composition gives the executive, the legislative and the judiciary one representative each. And the other 4 are representing stakeholders of the legal profession.

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