BELTRAN, MELISSA JANE G.UMANGAY, KAREN ABIGAIL P.

I. INTRODUCTION: The Judicial and Bar Council is constitutionally created with the primary function of recommending and nominating appointees of the Judiciary to the President.

A. BACKGROUND: The creation of the Judicial and Bar Council is an innovation in the 1987 Constitution to limit the President's appointing power in the previous constitutions.

B. STATEMENT OF THE PROBLEM: The problem to be resolved in this research pertains to the independence of the Judicial and Bar Council ("JBC"). Specifically, this research will answer the following questions: (1) Whether the manner of recommending appointees to the Judiciary by the Judicial and Bar Council is independent from the President's influence or control, and (2)Whether the composition of the Judicial and Bar Council is free from the President's influence or control, and (3)Whether the requirement and the process of recommending appointees to the President is exercised independently.

C. SIGNIFICANCE OF THE STUDY: The Judicial and Bar CouncilJBC has the responsibility of recommending members of the Judiciary, hence, it is important to determine whether the nomination process and the JBC's composition thereof is independent from any undue influence that would render ineffective the supposed guaranties to the independence of the JBC. Furthermore, to present clearly to readersclarify the manner of appointing members of the JBC and of the Judiciary.

D. SCOPE AND LIMITATIONS: This paper is confined to the members of the Judicial and Bar CouncilJBC and appointments made by them from the first 20 years of its creation (1988-2008). This research will only talk about the influence of the President on the nomination process, the composition of the Judicial and Bar CouncilBC and the exercise of the JBC's recommendation and thus will not talk about other factors pertinent to the enumeration.

II. The Judicial and Bar CouncilBC's composition under four presidents from its inception in 1988.

III. The manner of appointing members of the Judicial and Bar CouncilBC.

IV. The requirements and the process of recommending appointees to the President.

V. ANALYSIS: Enumeration and scrutiny of the instances wherein the President influenced the composition of the JBC, the manner of appointing members thereto and the exercise of the JBC's recommendation of members of the Judiciary.

VI. CONCLUSION/RECOMMENDATION: The composition, manner of appointing members to the Judiciary and Judicial and Bar Council is influenced by the President's geographical, academic and professional background, and political affiliation.

What is your recommendation? How should the problem be solved?