Chavez v.

JBC | 676 SCRA 579

FACTS: In 1994, instead of having only seven members, an eighth member was added to the JBC as two representatives
from Congress began sitting in the JBC one from the House of Representatives and one from the Senate, with each
having one-half (1/2) of a vote. Then, the JBC En Banc, in separate meetings held in 2000 and 2001, decided to allow the
representatives from the Senate and the House of Representatives one full vote each. At present, Senator Francis Joseph
G. Escudero and Congressman Niel C. Tupas, Jr. (respondents) simultaneously sit in the JBC as representatives of the
legislature. It is this practice that petitioner has questioned in this petition.
ISSUE: Whether the current practice of the JBC to perform its functions with eight (8) members, two (2) of whom are
members of Congress, violates the 1987 Constitution.
RULING: Yes. The word Congress used in Article VIII, Section 8(1) of the Constitution is used in its generic sense.
Only a singular representative, either from the Senate or House of Representatives, may be allowed to sit in the JBC.
Hence, the term Congress must be taken to mean the entire legislative department. The Constitution mandates that the
JBC be composed of seven (7) members only.