Appointment of official and employees

The Supreme Court has the power to appoint all officials and employees of the
judiciary in according with the civil service law. This authority further enhances its
independence as envisioned by the constitution. It was formerly provided by law once
appointed; they shall be entitled to the protection of the provisions of the constitution
on civil service. It should be recalled that congress may, by law, vests in courts
authority to appoint “other officers lower in rank” in the judiciary.

Appointment of members of the Supreme Court and judges of lower court

(1) Non-political process of selection and appointment – the appointing power is

vested alone in the president. Under the 1973 constitution, only the president
was involved in the appointment of high officials of the government including
members of the judiciary, there was no effective remedy in case of abuse by
the president of his appointing power. The situation was a little better under
the 1935 constitution.

A non-political process of selection and appointment of members of the

judiciary is now provided.

(2) List of at least three nominees – the president shall appoint form a list of at
least 3 nominees prepared by the judicial and bar council for every vacancy.
The president cannot appoint anybody outside of the list but he can ask for
additional nominees. Such appointments need no confirmation from the
commission on appointments. This avoids the pitfalls of the 1935 constitution.

The president shall issue the appointments of judges of lower courts within 90
days from the submission of the list.

(3) Judicial and bar council – instead of leaving its creation to legislation, the
constitution itself creates the council providing at the same time its
composition, appointment of the members, their terms of office, their
emoluments, and their functions.

Tenure of office of members of the judiciary

(1) Importance of security of tenure – section 11 insures the security of tenure of

the members of the Supreme Court and the judges of lower courts. They shall
hold office during good behaviour until they reach the age of seventy years or
become incapacitated, physically or mentally, to discharge the duties of their
office.

(2) Retirement age - the retirement age in the 1973 constitution was reduced from
the original seventy to sixty-five years which is the retirement age of other
non-elective government officials and employees, and restored again to
 seventy. The reduction was obviously intended to afford members of the
judiciary ample time to enjoy the benefits of their retirement from the service
and to give opportunity to comparatively younger men to occupy the bench.

(3) Termination of right to hold office – the constitution provides for

impeachment of the members of the Supreme Court. As for judges of lower
courts, congress has the power to prescribe the procedure and the causes for
their removal. Congress may also validly provide for the process of
determining the incapacity of a judge to discharge the duties of his office.

(4) Abolition of office – it is a well-known rule that valid abolition of offices is

neither removal nor separation of the incumbents. Removal from office is to
be distinguished from termination by virtue of the abolition of the office.

Salaries of judge

Sec.10. the salary of the chief justice and of the associate justices of the Supreme
Court, and of judges of lower courts shall be fixed by law. During their continuance in
office, their salary shall not be decreased.

Compensation of members of the judiciary

The salary of the members of the Supreme Court and of judges of lower courts shall
be fixed by law. Until congress shall provide otherwise, the initial annual salary of the
chief justice is P240,000 and each associate justice, P204,000. After congress has
fixed the compensation of any of them, it may not reduce the same during his
incumbency.

The purpose of the prohibition is not to benefit the judges but to attract good and
competent men to the bench and to promote their independence of action and
judgement.

The salaries of the members of the Supreme Court and judges of lower courts are
subject to the payment of income tax.

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