The Philippine Judicial System

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A. M. NO. 03-11-16-SC (2)
A RESOLUTION STRENGTHENING THE ROLE AND CAPACITY OF THE JUDICIAL AND BAR COUNCIL AND ESTABLISHING OFFICES THEREIN WHEREAS, Section 8, 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...
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