Constitutional basis and declared existence
- Section 1 declares that the Judicial and Bar Council provided under Section 8(1), Article VIII, of the 1987 Constitution is now in existence.
- The order recognizes that the 1987 Constitution has created a Judicial and Bar Council.
- The Council’s existence is treated as effective upon issuance without delay because of Section 8.
Composition and who sits on the Council
- Section 2 provides that the Council is under the supervision of the Supreme Court.
- Section 2 establishes the Council composition as follows:
- The Chief Justice, as ex-officio Chairman;
- The Secretary of Justice, as ex-officio member;
- A representative of Congress, as ex-officio member;
- A representative of the Integrated Bar;
- A professor of law;
- A retired member of the Supreme Court; and
- A representative of the private sector.
- Section 2 fixes the Council’s membership categories expressly, combining constitutional and institutional representation.
Appointment rules and initial staggered terms
- Section 3 provides that the regular Members of the Council are appointed by the President.
- Section 3 requires consent of the Commission on Appointments for the regular Members.
- Section 3 sets the regular Member term at four years.
- Section 3 staggers the first appointees’ terms as follows:
- The representative of the Integrated Bar serves for four years;
- The professor of law serves for three years;
- The retired Justice serves for two years; and
- The representative of the private sector serves for one year.
Council leadership, records, and Secretariat
- Section 4 makes the Clerk of Court of the Supreme Court the Secretary ex-officio of the Council.
- Section 4 requires the Clerk of Court to keep a record of the Council’s proceedings.
Functions, duties, and budget support
- Section 6 provides that the Council’s principal function is recommending appointees to the Judiciary.
- Section 6 authorizes the Council to exercise other functions and duties that the Supreme Court may assign.
- Section 5 provides that regular Members receive emoluments as determined by the Supreme Court.
- Section 5 directs that the Supreme Court shall provide in its annual budget the appropriations for the Council.
Repeal or modification; conflicts resolved
- Section 7 repeals or modifies all laws, orders, issuances, rules and regulations, or parts thereof that are inconsistent with Executive Order No. 216.
- Section 7 makes conflict-resolution automatic: inconsistent provisions are repealed or modified accordingly.