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The Philippine Judicial System Essay Sample

The Philippine Judicial System Pages
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Article VIII of the Constitution created the Judicial and Bar Council with the mandate to recommend appointees to the Judiciary and, as a constitutional body under the supervision of the Supreme Court, to exercise such other functions and duties as the Supreme Court may assign to it; WHEREAS, to carry out such functions, it is necessary to strengthen the capacity of the Judicial and Bar Council through policies, rules and guidelines that will establish its internal organization, staffing and resources for its day-to-day activities; WHEREAS, pursuant to its constitutional mandates of fiscal autonomy and supervision over the Judicial and Bar Council, the Court, through the Chief Justice, may exercise the authority expressed in the Special Provisions Applicable to the Judiciary of the General Appropriations Act for FY 2003 (Republic Act No. 9206) “to formulate and implement the organizational structure of the Judiciary, to fix and determine the salaries, allowances and other benefits of their personnel, and whenever public interest so requires, make adjustments in personal services itemization including, but not limited to the transfer of item or creation of new positions in the Judiciary”;

WHEREAS, an efficient and effective exercise of the constitutional mandate of the Judicial- and Bar Council of recommending for appointment to the Judiciary only men and women of competence, impartiality and professionalism requires the strengthening of its administrative, and financial management authority, subject to the supervision by the Supreme Court; NOW, THEREFORE, the Court hereby promulgates this Resolution to strengthen the role and capacity of the Judicial and Bar Council and establish offices therein. SECTION 1. Management Structure and Functions. – As a constitutional body under the supervision of the Supreme Court, the Judicial and Bar Council (JBC) shall exercise decentralized management functions with the following features: a) A separate budget to be approved by the Supreme Court;

b) Authority to administer its approved budget; and
c) Administrative functions that shall promote and ensure proper and optimum utilization of human, physical and technological resources. SEC. 2. Decentralized Management Structure. The JBC shall have a management structure composed of the (a) The Council -En Baneheaded by the Chief Justice as mandated by the Constitution; (b) The Office of the Ex-officio Chairman headed by the Chief Justice andassisted by an Executive Officer (c) The Office of the Secretary headed by the Clerk of Court of the Supreme Court; (d) the operating offices each to be headed by a Chief of Office. SEC. 3. The Council En Banc. The Council En Bane shall act as the rule-making and policy formulation body of the JBC. It shall perform the following functions: a) Recommend to the President nominees to vacant judicial posts; b) Approve, adopt and direct the implementation of policies, rules and procedure on recruitment, selection and nomination of applicants to judicial posts; Approve, adopt and direct the implementation of a research and development program for the continuing improvement of the policies, rules and procedure on judicial appointments;

d) Approve, adopt and direct the implementation of administrative and financial management policies, rules, procedures and systems to ensure the efficient conduct of all operations of the JBC, consistent with the fiscal budgetary framework and policies of the Supreme Court; and e) Perform such other functions as may be assigned to it by the Supreme Court. SEC. 4. The Office of the Ex-officio Chairman. The Ex-officio Chairman, who is the Chief Justice, shall be the Chief Executive Officer of the JBC. He shall be assisted by the JBC Executive Officer. The Ex-officio Chairman shall be responsible for the management of the execution of the policies, rules and programs of the JBC. As chief executive officer, the Ex-officio Chairman shall exercise decision-making authority over all operational matters, and may delegate such authority to lower level management personnel. In .particular, the Ex-officio Chairman shall perform the following functions: a) Exercise overall administrative authority in the execution of the Council’s mandate and enforce all laws, rules and regulations pertaining to such mandate;

b) Submit to the Supreme Court the proposed annual budget of the JBC and exercise overall decision-making authority for the administration and accounting of the JBC’s approved budget; c) Implement and enforce all policies, rules, regulations and resolutions adopted by the Council En Banc; d) Delegate authority for the performance of any operational functions to officials and employees of the Council in accordance with existing laws and rules and resolutions of the Council En Banc; e) Appoint officials and personnel of the JBC in accordance with its approved staffing pattern; and f) Perform such other related or incidental powers and functions as may be assigned by the Supreme Court or the Council En Banc. SEC. 5. Office of the Council Secretary. As provided for in Section 8 (3) of Article VIII of the Constitution, the Clerk of Court of the Supreme Court shall be the ex-officio secretary of the Council. In particular, the Council Secretary shall perform the following functions:

a) Prepare the agenda of meetings of the Council En Banc with inputs from the concerned offices; b) Serve as secretary in all meetings of the Council En Banc and prepare and submit the minutes of such meetings for approval by the CouncilEn Banc; c) Maintain complete records of all Council meeting proceedings and resolutions or decisions, including the documents that are part of the Council agenda; d) In coordination with the JBC Executive Officer, transmit to the Office of the President the Council En Bane’s lists of nominees for appointment to judicial posts; e) Authenticate the veracity of copies of public documents of the JBC issued upon request by concerned parties; and f) Perform such other related functions as may be assigned to the Secretary by the Council En Banc or the Ex-officio Chairman. SEC. 6. Functions of the JBC Executive Officer. The JBC Executive Officer is directly under the supervision of the Ex-officio Chairman and shall assist the latter in the operational management of the Council in regard to the day-to-day coordination of the activities of the various offices and personnel and in ensuring efficiency in operations.

The JBC Executive Officer shall perform the following functions: a) Assist the Ex-officio Chairman in providing direct executive supervision over the operations of the various offices and personnel; b) Coordinate, synchronize and monitor the day-to-day operations of the various operating units and advise the Ex-officio Chairman on all matters pertaining thereto; c) Recommend to the Ex-officio Chairman the appropriate administrative and financial management policies, systems, and procedures for the JBC; d) Supervise and coordinate the preparation and submit to the Ex-officio Chairman and the Council, the proposed annual budget, strategic plan, research agenda and other programs and projects of the JBC. e) Monitor and coordinate the preparation and be responsible for the submission to the Ex-officio Chairman and the Council of the annual performance report of the Council; and f) Perform such other functions as may be assigned to him/her by the Council En Bane or the Ex-officio Chairman.

SEC. 7. Qualifications of the JBC Executive Officer. The JBC Executive Officer shall possess the same qualifications as that prescribed for a judge of a Regional Trial Court and shall also have completed at least thirty-two (32) hours of relevant training in management and supervision. The JBC Executive Officer shall enjoy the rank, salary and privileges of a Chief of Office of the Supreme Court, with a salary grade 29. SEC. 8. Internal Organizational Setup of the JBC. The JBC shall have operating units or offices which shall be responsible for theeffective and efficient execution of all policies, programs and activities promulgated or approved by the Council En Banc and directed by the Ex-officio Chairman. In executing and implementing them, such offices shall ensure compliance with the JBC’s rules, regulations, systems and procedures and with existing laws. These operating units or offices, whose heads shall report directly to and are under the administrative supervision of the JBC Executive Officer, are the following:

a) Office of Recruitment, Selection and Nomination. The Office of Recruitment, Selection and Nomination (ORSN) shall be primarily responsible for providing technical support to the Council En Bane in the recruitment, selection and nomination process. In particular, the ORSN shall perform the following functions: (1) Undertake continuing studies and formulate, recommend and implement approved rules and procedures on recruitment, selection and nomination; (2) Develop and implement programs and activities designed to improve public information on the judicial appointment process; (3) Undertake the publication of the JBC rules of procedure, resolutions, judicial vacancies, the long and short lists of applicants, and improve the transparency of the recruitment, selection and nomination process through the use of print, broadcast and electronic media; (4) Undertake the screening of applications in accordance with JBC rules and resolutions, provide advice and assistance to applicants in completing the documentation requirements for applications, compile application documents and prepare a report to the Council for deliberation;

(5) Conduct background investigation on the applicants, including generation of information from pertinent government agencies; (6) Administer the psychological and other examinations and prepare and submit results and findings to the Council; (7) Be responsible for the preparation of nomination documents; and (8) Perform such other related functions as may be assigned to the Office. b.) Office of Policy and Development Research. The Office of Policy and Development Research (OPDR) shall be the primary office of the JBC in the discovery, application, development and dissemination of new knowledge and understanding useful in the development or strengthening of new philosophies, values and perspectives, policies, strategies and operating mechanisms in judicial appointments, to the end that these systems would achieve the reform objectives of improving the quality of appointments to the bench and reducing vacancies therein. In particular the OPDR shall perform the following functions: (1) Undertake a continuing scanning of the existing body of knowledge and research activities on judicial appointments, and establish their application in the policies, rules and operations of the JBC;

(2) Develop, propose and implement a research and development agenda on judicial appointments aimed at improving the attractiveness of judicial posts, reducing vacancies, and ensuring the quality of appointments. (3) Develop methodologies, tools and techniques on investigation, psychological examinations, documentation, and other operational tools,techniques and procedures to support the formulation and implementation of policies, rules and procedures on judicial appointments; (4) Forge alliances, partnerships and collaborative arrangements with local and international institutions towards sharing knowledge andresearch resources; (5) Perform such other related functions as may be assigned. c.) Office of Administrative and Financial Services. The Office of Administrative and Financial Services (OAFS) shall assist the JBC Executive Officer and the Ex-officio Chairman of the Council in the formulation and implementation of policies, standards, rules and procedures designed to promote the sound planning and management of the Council’s human, financial, physical and technological resources.

In particular,the OAFS shall perform the following {junctions: (1) Formulate, recommend and implement the approved personnel management policies, programs, rules and procedures, and be responsible for personnel administration; (2) Formulate, recommend and implement the approved annual budget of the JBC and be responsible for the preparation and execution of the approved allotment and cash programs, including the disbursement, accounting, and reporting of the Council’s budgetary resources; (3) Formulate, recommend and implement the approved physical assets plan and procurement program and be responsible for the proper distribution, maintenance, accounting and disposal thereof; (4) Prepare financial reports and reports on the JBC’s performance required by the Ex Officio Chairman and the Supreme Court; (5) Formulate and recommend as well as implement approved policies, rules and procedures for the maintenance of all records of the Council; (6) Provide general services to the Council’s officials and personnel; and (7) Perform such other related functions as may be assigned to it. SEC. 9. Chiefs of the Offices under the JBC.

Each of the three (3) offices shall be headed by a JBC Chief of Office who shall possess the following qualifications: (a) The Chiefs of the ORSN and the OPDR shall possess the same qualifications as those prescribed for a judge of a Municipal Trial Court and must have completed at least thirty-two (32) hours of relevant training in management and supervision. (b) The Chief of the OAFS shall be a citizen of the Philippines, a member of good standing of the Integrated Bar of the Philippines (IBP) or a licensed Accountant, with at least five (5) years of experience in law practice or in government accounting and auditing, and must have completed at least thirty-two (32) hours of relevant training in management and supervision. The JBC Chiefs of Offices shall have the same rank, salary and privileges of an Assistant Chief of Office of the Supreme Court, with a salary grade 28. SEC. 10. Staffing Pattern.

The organizational structure and the staffing pattern of the offices of the JBC are shown in Annex “A” of this Resolution which is made an integral part hereof. SEC. 11. Consultants. The Judicial and Bar Council may, with the prior authorization of the Ex Officio Chairman and in accordance with current practice, hire consultants wjth expertise and experience in the drafting and conduct of tests, computer systems and other activities. SEC. 12. Funding. The implementation of the new structure and functions of the Judicial and Bar Council shall ,be initially funded from savings of the Supreme Court and Lower Courts or the Fiscal Autonomy Account. Thereafter, the JBC shall have a separate budget as a decentralized unit of the Judiciary. SEC. 13. Effectivity. This Resolution shall take effect on the 15th day of May 2004 following its publication in a newspaper of general circulation in the Philippines not later than 5 May 2004. Promulgated this 27th day of April 2004.

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