Political and Public International Law › Judicial Department › Appointments to the Judiciary
1. Qualifications of Members
QUALIFICATIONS
Every prospective appointee to the judiciary must apprise the appointing authority of every matter bearing on his fitness for judicial office including such circumstances as may reflect on his integrity and probity (In Re: JBC v. Judge Quitain, JBC No. 013, Aug. 22, 2007).
Qualifications for Judges and Justices (PHIL. CONST., art. VIII, § 7.)
| SUPREME COURT | LOWER COLLEGIATE COURTS (CA, CTA, SANDIGANBAYAN) | LOWER NON-COLLEGIATE COURTS |
| Natural-born citizen of the Philippines | Citizen of the Philippines (may be naturalized) | |
| At least 40 years old | Possesses other qualifications prescribed by Congress | |
| At least 15 years of experience as a judge or in the practice of law in the Philippines | Member of the Philippine Bar | |
| A person of proven competence, integrity, probity, and independence |
A Supreme Court Justice, who is required under the Constitution to be a Member of the Philippine Bar as a qualification for the office held by him and who, if validly appointed, is subject to removal by impeachment, although quo warranto may separately challenge whether he legally held office in the first place, cannot be charged with disbarment during his incumbency. Further, during his incumbency, he cannot be charged criminally before the Sandiganbayan or any other court with any offense which carries with it the penalty of removal from office, or any penalty service of which would amount to removal from office. (In Re Gonzalez, A.M. No. 88- 4-5433, April 15, 1988)
The Constitution requires that members of the Judiciary must be of proven integrity. To be of proven integrity means that the applicant must have established steadfast adherence to moral and ethical principles. One who chronically fails to file his or her SALN violates the Constitution and the laws; and one who violates the Constitution and the laws cannot rightfully claim to be person of integrity and may thus be removed through a quo warranto petition. (Republic v. Sereno, G.R. No. 237428, May 11, 2018)
Lower Non-Collegiate Courts
| RTC | MTC |
| At least 35 years old | |
| Engaged for at least 10 years in the practice of law in the Philippines or Has held public office in the Philippines requiring admission to the practice of law as a requisite | Engaged for at least 5 years in the practice of law in the Philippines or Has held public office in the Philippines requiring admission to the practice of law as a requisite |
Term (PHIL. CONST., art. VIII, § 11.)
Members of the Supreme Court and judges of the lower courts hold office during good behavior until:
- The age of 70 years old
- They become incapacitated to discharge their duties
List of Qualifications for both Senators and Members of the House
The qualifications of both Senators and Members of the House are LIMITED to those provided by the Constitution. Congress cannot, by law, add or subtract from these qualifications (PHIL. CONST., art. VI, § 3 & 6; Pimentel v. COMELEC, G.R. No. 161658, Nov. 3, 2008).
Authorities
- 1987 Constitution
- 1987 Constitution, Sec. 3
- In Re Gonzalez, G.R. No. A.M. No. 88-4-5433
- In Re: JBC v. Judge Quitain, G.R. No. JBC No. 013
- Pimentel v. COMELEC, G.R. No. 161658
- Republic v. Sereno, G.R. No. 237428, 11 May 2018