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Updated 25th February 2025
Chavez vs. Judicial and Bar Council
The Supreme Court declared the Judicial and Bar Council’s (JBC) eight-member composition unconstitutional, ruling that Congress is entitled to only one representative under the 1987 Constitution. The Court ordered the JBC to reconstitute itself with seven members.

Primary Holding

The JBC’s practice of allowing two congressional representatives (one from the Senate and one from the House) violated Section 8(1), Article VIII of the 1987 Constitution, which mandates only “a representative of Congress” as an ex-officio member.

Background

After Chief Justice Renato Corona’s removal in May 2012, petitioner Francisco Chavez (a nominee for Chief Justice) challenged the JBC’s composition. The JBC had included two congressional representatives since 1994, initially splitting one vote and later granting each a full vote.

Facts

  • 1. The JBC was created under the 1987 Constitution to recommend judicial appointees.
  • 2. From 1994, Congress began sending two representatives (Senate and House), increasing JBC membership to eight.
  • 3. Chavez argued this violated the Constitution’s explicit seven-member structure.

Arguments of the Petitioners

  • 1. The phrase “a representative of Congress” in the Constitution is singular, allowing only one member.
  • 2. Allowing two representatives breaches the equality of the three government branches (Executive, Legislative, Judiciary).
  • 3. Historical records of the Constitutional Commission support a seven-member JBC.

Arguments of the Respondents

  • 1. Congress’ bicameral nature justifies two representatives.
  • 2. The Framers’ failure to adjust the provision for bicameralism was an oversight.
  • 3. The JBC’s prior actions (with eight members) should be validated under the doctrine of operative facts.

Issues

  • 1. Does Section 8(1), Article VIII of the Constitution permit two congressional representatives in the JBC?
  • 2. Is the JBC’s eight-member composition unconstitutional?

Ruling

  • 1. Textual Interpretation: The Constitution’s use of “a representative” (singular) and enumeration of seven members (including one from Congress) is unambiguous.
  • 2. Bicameralism: While Congress is bicameral, its JBC representation is non-legislative and does not require separate House/Senate roles.
  • 3. Equality of Branches: Allowing two congressional representatives disrupts co-equal branch representation (Executive: 1, Judiciary: 1, Legislature: 1).
  • 4. Judicial Restraint: The Court cannot amend the Constitution through interpretation; fixing perceived oversights is a legislative task.
  • 5. Doctrine of Operative Facts: Prior JBC actions under the unconstitutional composition remain valid to avoid chaos.

Doctrines

  • 1. Verba legis: Plain meaning of constitutional text prevails.
  • 2. Casus omissus: Courts cannot supply omissions in the law.
  • 3. Operative Fact Doctrine: Unconstitutional acts before judicial review retain legal effects.

Key Excerpts

  • 1. “What the Constitution clearly says, according to its text, compels acceptance and bars modification.”
  • 2. “To permit splitting one vote into two is a constitutional circumvention.”

Precedents Cited

  • 1. Planters Products, Inc. v. Fertiphil Corp. (2008): Applied the operative fact doctrine to validate prior JBC actions.
  • 2. Civil Liberties Union v. Executive Secretary (1991): Emphasized strict adherence to constitutional text.

Statutory and Constitutional Provisions

  • 1. 1987 Constitution, Article VIII, Section 8(1): Mandates a seven-member JBC, including “a representative of Congress.”
  • 2. Article VI, Sections 1, 4, 18: Highlight Congress’ bicameral structure but distinguish legislative vs. non-legislative functions.