The Judicial and Bar Council (JBC) has removed age-based restrictions for Supreme Court (SC) nominees to allow a broader pool of candidates to apply.
In a resolution adopted on March 27, 2025, following a decision made during the JBC Strategic and Operations Planning Activity on March 26, the JBC deleted provisions in Rule 8, Section 1 of its 2020 Revised Rules that required applicants to have a minimum number of years remaining before mandatory retirement.
“The deletion of these provisions is meant to widen the base of candidates and encourage more applicants to apply for the position of Associate Justice or Chief Justice of the Supreme Court,” the resolution stated.
Previously, nominees with prior high-ranking judicial or government service—including an Associate Justice or Presiding Justice of an appellate court, Court Administrator, Chairperson of a Constitutional Commission, Solicitor General, or Department Secretary—were required to have at least 2.5 years remaining before mandatory retirement, while those without such experience needed at least five years.
“In the selection of nominees for a vacancy in the Supreme Court, the Council must consider their age with a view to discourage the appointment of those who would not be able to serve it for a reasonably sufficient time,” the first part of the removed provision under Rule 8 read.
Another portion of the deleted rule granted preference to certain applicants, stating, “Applicants who are Division Chairpersons of the appellate courts shall be given preference to foster careerism in the Judiciary.”
With these provisions now deleted, the JBC clarified that all qualified applicants may now be considered regardless of their remaining years of service.
Under the 1987 Constitution, members of the SC or any lower collegiate court must be natural-born citizens of the Philippines. It also requires that SC justices must be at least 40 years old and must have been a judge of a lower court or practicing law in the country for at least 15 years.
Meanwhile, the compulsory retirement age for members of the judiciary, from the SC to the lowest trial court, remains 70.
The JBC, a constitutionally mandated body, is responsible for screening and recommending nominees for judicial positions, as well as key roles in the Office of the Ombudsman and the Legal Education Board.
The JBC has also extended the application period for those seeking to become the next Associate Justice of the SC until April 14, 2025, in preparation for the selection of a replacement for Associate Justice Mario V. Lopez, who will retire on June 4, 2025.
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