EN BANC

IN THE MATTER OF THE BREWING A.M. No. 09-5-2-SCCONTROVERSIES IN THE ELECTIONIN THE INTEGRATED BAR OF THEPHILIPPINES, x--------------------------------------------------x ATTYS. MARCIAL M. MAGSINO, A.C. No. 8292MANUEL M. MARAMBA andNASSER MAROHOMSALIC, Complainants, Present: CORONA, C.J., CARPIO,

CARPIO MORALES, VELASCO, JR.,* NACHURA, LEONARDO-DE CASTRO, - v e r s u s - BRION,** PERALTA, BERSAMIN, DEL CASTILLO, ABAD, VILLARAMA, JR., PEREZ, MENDOZA and SERENO, JJ. ATTYS. ROGELIO A. VINLUAN,ABELARDO C. ESTRADA, BONIFACIOT. BARANDON, JR., EVERGISTO S.ESCALON and RAYMUND JORGE A.MERCADO, Respondents. Promulgated: December 14, 2010

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R E S O L U T I O N

CORONA, C.J.: This resolves the above matter involving the leadership controversy at the Integrated Bar of the

Philippines (IBP) and the administrative case that was filed against some of the high-ranking officersof the IBP on account thereof.

I. Antecedents

The Court in an En Banc Resolution dated June 2, 2009 created a Special (Investigating)

Committee[1]

to look into the “brewing controversies in the IBP elections, specifically in the electionsof Vice-President for the Greater Manila Region and Executive Vice-President of the IBP itself xxxand any other election controversy involving other chapters of the IBP, if any”, that includes as wellthe election of the Governors for Western Mindanao and Western Visayas.

Consequently, the Special Committee called the IBP officers involved to a preliminary

conference on June 10, 2009. With respect thereto, Atty. Rogelio A. Vinluan then submitted aPreliminary Conference Brief on the same day. During the conference it was determined that theinvestigation would focus on the following issues or controversies:

1. What is the correct interpretation of Section 31, Article V of the IBP By-Laws

which provides:

“SEC. 31. Membership. – The membership (of Delegates) shallconsist of all the Chapter Presidents and, in the case of Chapters entitled tomore than one Delegate each, the Vice-Presidents of the Chapters and suchadditional Delegates as the Chapters are entitled to. Unless the Vice-President is already a Delegate, he shall be an alternate Delegate. AdditionalDelegates and alternates shall in proper cases be elected by the Board ofOfficers of the Chapter. Members of the Board of Governors who are notDelegates shall be members ex officio of the House, without the right tovote.”

2. Who was validly elected Governor for the Greater Manila Region? 3. Who was validly elected Governor for Western Visayas Region?

4. Who was validly elected Governor for Western Mindanao Region? 5. Who was validly elected IBP Executive Vice President for the next term? 6. What is the liability, if any, of respondent Atty. Rogelio A. Vinluan under theadministrative complaint for “grave professional misconduct, violation of attorney’s oath,and acts inimical to the IBP” filed against him by Attys. Marcial Magsino, ManuelMaramba and Nasser Marohomsalic?

Meanwhile, a Supplemental Complaint dated June 11, 2009 was received from Attys. Magsino,Maramba and Marohomsalic regarding the earlier complaint that they filed last May 21, 2009 againstAtty. Vinluan.

As such, then IBP President Feliciano M. Bautista and then Executive Vice President (EVP)Vinluan agreed to submit their respective position papers on the above issues and controversies. Also,Atty. Vinluan was required to file his answer to the administrative complaint against him.

A Position Paper dated June 15, 2009 was then received from Atty. Vinluan. Attys. Elpidio G.Soriano, III and Erwin M. Fortunato also filed their Position Papers both dated June 15, 2009. Itappears that an earlier Position Paper also dated June 15, 2009 was submitted by Atty. Benjamin B.Lanto.

For their part, Attys. Bautista, Maramba and Magsino filed their Position Paper dated June 16,2009. Incidentally, in a Manifestation likewise dated June 16, 2009 Attys. Bautista, Maramba andMarcial M. Magsino submitted the same paper but already bearing the signature of Atty. Bautista.

Atty. Nasser A. Marohomsalic submitted his Position Paper dated June 17, 2009. TheSpecial Committee, in the course of its investigation, further received a letter dated June 22, 2009from Atty. Alex L. Macalawi, President of the IBP Lanao del Sur Chapter. As to the administrative case filed against him, Atty. Vinluan, as respondent, filed his Commentdated June 15, 2009. In turn, Attys. Magsino, Maramba and Marohomsalic, as complainants,submitted their Reply dated June 23, 2009. The Special Committee then submitted a Report and Recommendation dated July 9, 2009 thedispositive portion of which read as follows:

A. That to avoid further controversy regarding its proper interpretation andimplementation, Sec. 31, Article V, of the By-Laws should be amended as follows (suggestedamendments are in bold print):

“SEC. 31. Membership. – The membership of the House of Delegates shall consist of all

the Chapter Presidents and in the case of Chapters entitled to mo(r)e than on(e) Delegate each,the Vice President of the Chapters and such additional Delegates as the Chapters are entitledto. Unless the Vice President is already (a) delegate, he shall be an alternate Delegate.Additional Delegates and their respective alternates shall be elected from, and by, theBoard of Officers of the Chapter. If the Delegate chosen is incapacitated, or disqualified,or resigns, or refuses to serve, and there are enough members of the Board to be electedas Delegates, then the Board of Officers shall elect the additional delegates andalternates from the general membership of the Chapter, and his corresponding alternateshall take his place.”

B. That to avoid any ambiguity as to how the President shall preside and vote in meetings

of the House of Delegates, paragraph (g), Sec. 33, Article V of the By-Laws should be amendedas follows:

“(g) In all meetings and deliberations of the House, whether in annual or special

convention, the President shall preside, or the Executive Vice President, if the President isabsent or incapacitated, but neither of them shall vote except to break a tie.”

C. Similarly, Sec. 42, Article VI of the By-Laws, on meetings of the Board of Governors,

should be amended to read as follows: “Sec. 42. Meetings. – The Board shall meet regularly once a month, on such date and

such time and place as it shall designate. Special meetings may be called by the President, andshall be called by him upon the written request of five (5) members of the Board. The Presidentshall not vote except to break a tie in the voting. When for any reason, the Presidentcannot preside on account of his absence, incapacity, or refusal to call a meeting, theExecutive Vice President shall preside, there being a quorum to transact business, but hemay not vote except to break a tie.

D. That Sec. 43, Article VI of the By-Laws, on the procedure for approving a resolution by

the Board of Governors without a meeting, should be amended by adding the followingexception thereto so that the procedure may not be abused in connection with any election in theIBP:

“This provision shall not apply when the Board shall hold an election

or hear and decide an election protest.”

E. That the provision for the strict implementation of the rotation rule among the Chaptersin the Regions for the election of the Governor for the regions, (as ordered by this HonorableCourt in Bar Matter No. 586, May 14, 1991) should be incorporated in Sec. 39, Article VI of theBy-Laws, as follows: “Sec. 39. Nomination and election of the Governors. – At least one (1) month beforethe national convention the delegates from each region shall elect the Governor for their region,who shall be chosen by rotation which is mandatory and shall be strictly implementedamong the Chapters in the region. When a Chapter waives its turn in the rotation order,its place shall redound to the next Chapter in the line. Nevertheless, the former mayreclaim its right to the Governorship at any time before the rotation is completed;otherwise, it will have to wait for its turn in the next round, in the same place that it had inthe round completed.

F. That in view of the fact that the IBP no longer elects its President, because theExecutive Vice President automatically succeeds the President at the end of his term, Sec. 47,Article VII of the By-Laws should be amended by deleting the provision for the election of thePresident. Moreover, for the strict implementation of the rotation rule, the Committeerecommends that there should be a sanction for its violation, thus:

“Sec. 47. National Officers. – The Integrated Bar of the Philippines shallhave a President, an Executive Vice President, and nine (9) regional Governors.The Executive Vice President shall be elected on a strict rotation basis by theBoard of Governors from among themselves, by the vote of at least five (5)Governors. The Governors shall be ex officio Vice President for their respectiveregions. There shall also be a Secretary and Treasurer of the Board of Governors. “The violation of the rotation rule in any election shall be penalized byannulment of the election and disqualification of the offender from electionor appointment to any office in the IBP.”

G. That Atty. Manuel M. Maramba should be declared the duly elected Governor of theGreater Manila Region for the 2009-2011 term. H. That Atty. Erwin Fortunato of the Romblon Chapter should be declared the dulyelected Governor of the Western Visayas Region for the 2009-2011 term. I. That a special election should be held in the Western Mindanao Region, within fifteen(15) days from notice, to elect the Governor of that region for the 2009-2011 term. In accordancewith the rotation rule, only the six (6) Chapters in the region that have not yet been elected to theBoard of Governors, namely: Zamboanga Sibugay, Zamboanga del Norte, Za(m)boanga delSur, Lanao del Norte, Misamis Occidental, and Maguindanao-Cotabato City, shall participate inthe election. J. That, thereafter, a special election should also be held by the Board of Governors toelect the Executive Vice President for the 2009-2011 term with strict observance of the rotationrule. Inasmuch as for the past nine (9) terms, i.e., since the 1991-1993 term, the nominees of theWestern Visayas and Eastern Mindanao Regions have not yet been elected Executive VicePresident of the IBP, the special election shall choose only between the nominees of these two(2) regions who shall become the Executive Vice President for the 2009-2011 term, inaccordance with the strict rotation rule. K. That the high-handed and divisive tactics of Atty. Rogelio A. Vinluan and his group ofGovernors, Abelardo Estrada, Bonifacio Barandon, Jr., Evergisto Escalon, and RaymundMercado, which disrupted the peaceful and orderly flow of business in the IBP, caused chaos inthe National Office, bitter disagreements, and ill-feelings, and almost disintegrated the IntegratedBar, constituted grave professional misconduct which should be appropriately sanctioned todiscourage its repetition in the future.

II. Findings of the Special Committee

In its Report and Recommendation dated July 9, 2009, the Special Committee disclosed when itwas discussing the Board of Officers of each chapter that:

The government of a Chapter is vested in its Board of Officers composed of nine (9)officers, namely: the President, Vice-President, Secretary, Treasurer, and five (5) Directors whoshall be elected by the members of the Chapter at the biennial meeting on the last Saturday of

February, and shall hold office for a term of two (2) years from the first day of April following theirelection and until their successors shall have been duly chosen and qualified. For the 2009-2011term, the election of Chapter officers was held on February 28, 2009. In 1983 up to 1995, the Quezon City Chapter elected the usual nine (9) officers to itsBoard of Officers and they were all delegates to the House of Delegates. Beginning with the1997-1999 term, when it added a Public Relations Officer (P.R.O.) and Auditor to its Board ofOfficers, the number of delegates allotted to the Chapter was also increased to eleven (11) likethe membership in its Board of Officers, pursuant to a reapportionment of delegates by theBoard of Governors under Sec. 30, Art. V of the By-Laws. Up to the 2007-2009 term, all the officers of the QC Chapter were also the Chapter’sdelegates to the House of Delegates. Atty. Victoria Loanzon who has been an officer of theChapter in various capacities since 2003, like her fellow officers in the Board, automaticallybecame a delegate since 2003 up to this time. For the 2009-2011 term, the Board of Officers of the IBP-QC Chapter that assumedoffice on April 1, 2009, is composed of six (6) officers and (5) directors, namely: President - - - - - - - - - - Tranquil Salvador III Vice President - - - - - - Jonas Cabochan Secretary - - - - - - - - - - Christian Fernandez Treasurer - - - - - - - - - - Victoria Loanzon Auditor - - - - - - - - - - - Ginger Anne Castillo P.R.O. - - - - - - - - - - - - Ernesto Tabujara III Director - - - - - - - - - - - Annalou Nachura Director - - - - - - - - - - - Melody Sampaga Director - - - - - - - - - - - Francois Rivera Director - - - - - - - - - - - Joseph Cerezo Director - - - - - - - - - - - Marita Iris Laqui It is important to be an officer of one’s Chapter and a delegate to the House ofDelegates, because a delegate gets to elect the Governor for the Region (which must rotateamong the Chapters in the region). The Governor of the Region becomes a member of theBoard of Governors, and gets to elect, or be elected, as the next IBP Executive Vice Presidentwho automatically becomes President for the next succeeding term (which must also rotate

among the Regions).[2]

The Special Committee then pointed out that with respect to the IBP Board of Governors thisconsists of “nine (9) Governors from the nine (9) Regions. One (1) Governor for each Region shall beelected by the members of the House of Delegates from that region only. The Governors, thePresident and the Executive Vice-President shall hold office for a term of two (2) years from July 1immediately following their election, up to June 30 of their second year in office and until theirsuccessors shall have been duly chosen and qualified.” It was further added by the Committee that:

At least one (1) month before the national convention, the delegates from each Regionshall elect the Governor for their region. The IBP By-Laws provide that “starting in 1993-1995,the principle on rotation shall be strictly implemented so that all prior elections for Governorin the region shall be reckoned with or considered in determining who should be Governor to beselected from the different chapters to represent the region in the Board of Governors. Hence,

the governorship of the region shall rotate among the chapters in the region. The Governors-elect shall, by a vote of at least five (5), choose an Executive Vice-President, x x x either from among themselves or from other members of the Integrated Bar.The Executive Vice-President shall automatically become President for the next

succeeding term. The Presidency shall rotate among the nine (9) Regions.[3]

According to the Committee, the “rotation of the position of Governor of a region among the Chapterswas ordered by the Supreme Court in its Resolution dated May 14, 1991 in Bar Matter No. 586 (ClarificationRe: Bar Matter No. 491, Atty. Romulo T. Capulong petitioner)”. With respect thereto, it was revealed that:

Pursuant to the principle of rotation, the governorship of a region shall rotate once in asmany terms as the number of chapters there are in the region, to give every chapter a chance torepresent the region in the Board of Governors. Thus, in a region composed of 5 chapters, eachchapter is entitled to the governorship once in every 5 terms, or once every ten (10) years, sincea term is two (2) years. The record of the National IBP Secretariat shows that during the past five (5) terms, from1999 up to 2009, the GMR (Greater Manila Region) governorship was occupied by the five (5)chapters of the region as follows: 1999-2001 ----- Jose P. Icaonapo ------------ Manila III 2001-2003 ----- Santos V. Catubay, Jr. ---- QuezonCity 2003-2005 ----- Rosario Setias-Reyes ------ Manila II 2005-2007 ----- Alicia A. Risos-Vidal ------ Manila I 2007-2009 ----- Marcial M. Magsino ------- Manila IV In the next round, which starts with the 2009-2011 term, the same order of rotationshould be followed by the five (5) chapters, i.e., Manila III shall begin the round, to be followedby Quezon City for 2011-2013 term, Manila for the 2013-2015 term, Manila I for the 2015-2017term, and Manila IV for the 2017-2019 term. In the Western Visayas Region which is composed of ten (10) chapters, each chapter isentitled to represent the governorship of the region once every ten (10) terms. The first chapterto occupy the governorship, must wait for the nine (9) other chapters to serve their respectiveterms, before it may have its turn again as Governor of the region. The same rule applies to the Western Mindanao Region which is composed of twelve(12) chapters. On April 25, 2009, the election of Governors for the nine (9) IBP regions proceeded as

scheduled, presided over by their respective outgoing Governor.[4]

It was then cited by the Special Committee that “Sec. 47, Art. VII of the By-Laws, as amendedby Bar Matter 491, Oct. 6, 1989, provides that the Executive Vice President shall be chosen by theBoard of Governors from among the nine (9) regional governors. The Executive Vice President shallautomatically become President for the next succeeding term. The Presidency shall rotate among thenine Regions.” Further, the Committee averred that:

The list of national presidents furnished the Special Committee by the IBP NationalSecretariat, shows that the governors of the following regions were President of the IBP duringthe past nine (9) terms (1991-2009): Numeriano Tanopo, Jr. (Pangasinan) --- Central Luzon --- 1991-1993 Mervin G. Encanto (Quezon City) ------ Manila ------------ 1993-1995 Raul R. Angangco (Makati) -------------- Southern Luzon - 1995-1997 Jose Aguila Grapilon (Biliran) ----------- Eastern Visayas – 1997-1999 Arthur D. Lim (Zambasulta) ------------- Western Mindanao-1999-2001 Teofilo S. Pilando, Jr. (Kalinga-Apayao)-Northern Luzon – 2001-2003 Jose Anselmo I. Cadiz (Camarines Sur) –Bicolandia -------- 2003-2005 Jose Anselmo I. Cadiz (Camarines Sur) –Bicolandia ----2005-Aug 2006 Jose Vicente B. Salazar (Albay) ---------- Bicolandia --- Aug. 2006-2007 Feliciano M. Bautista (Pangasinan) ------ Central Luzon ---- 2007-2009

Only the governors of the Western Visayas and Eastern Mindanao regions have not yethad their turn as Executive Vice President cum next IBP President, while Central Luzon andBicolandia have had two (2) terms already. Therefore, either the governor of the Western Visayas Region, or the governor of theEastern Mindanao Region should be elected as Executive Vice-President for the 2009-2011term. The one who is not chosen for this term, shall have his turn in the next (2011-2013) term.Afterwards, another rotation shall commence with Greater Manila in the lead, followed bySouthern Luzon, Eastern Visayas, Western Mindanao, Northern Luzon, Bicolandia, Central

Luzon, and either Western Visayas or Eastern Mindanao at the end of the round.[5]

The Committee then disclosed that the controversies involved herein and should be resolved arethe following: (I) the dispute concerning additional delegates of the QC Chapter to the House ofDelegates; (II) the election of the Governor for the Greater Manila Region (GMR); (III) the election ofGovernor for the Western Visayas Region; (IV) the election of Governor for the Western MindanaoRegion; (V) the resolution of the election protests; (VI) the election of the IBP Executive VicePresident for the 2009-2011 term; and, (VII) the administrative complaint against EVP RogelioVinluan. In addressing the above controversies, the Committee arrived at the following findings andconclusions:

I. The silence of Sec. 31, Art. V of the IBP By-Laws on who may be elected asadditional delegates and alternates by the remaining members of the Board of Officers ofthe Chapter when the Chapter is entitled to more than two (2) delegates to the House ofDelegates, is the root cause of the conflicting resolutions of the Bautista and Vinluan factions onthe proper interpretation of the aforementioned provision of the By-Laws. According to the Resolution No. XVIII-2009 dated April 17, 2009 of the Bautista Group,“the additional delegate/s shall be elected by the Board of Officers of the Chapter only fromamong the remaining duly elected officers and members of the Board, in consideration of theirmandate from the general membership. According to the Resolution No. XVIII-2009 (Special-23 April 2009) of the Vinluan Group,“the election of the additional delegate/s for the Chapters entitled to more than two (2) delegates

shall be elected by the Board of Officers of the Chapter from among the general membershipwho are in good standing to include the remaining duly elected officers and members of theBoard.” The Committee finds the qualification introduced by Resolution No. XVIII-2009 – “thatthe additional delegate/s and alternates must be elected from among the remainingofficers of the Chapter” – to be consistent with the precedent set by Section 31 itself inappointing members of the Board of Officers, namely, (a) the president of the Chapter as thedelegate, and the vice president as the alternate, or second, delegate to the House ofDelegates, when the Chapter is entitled to two (2) delegates. There is a manifest intention inSec. 31, Art. V of the By-Laws to reserve membership in the House of Delegates (which is thedeliberative body of the IBP) for the elected officers of the Chapter since they have alreadyreceived the mandate of the general membership of the Chapter. For the past four (4) terms (2003-2011), Atty. Loanzon has been an officer and delegateof the QC Chapter to the House of Delegates, until the Vinluan Group introduced its owninterpretation of the aforementioned provision of the By-Laws and elected non-officers of theChapter as delegates to the House of Delegates in lieu of herself and Atty. Laqui. We find the Vinluan Group’s interpretation of Sec. 31, Art. V, of the By-Laws inResolution No. XVIII-2009 (Special – 23 April 2009) to be in error and devoid of rational andhistorical bases. II. Attys. Victoria Loanzon and Marite Laqui were properly recognized as delegatesof the QC Chapter by the Presiding Officer, GMR Governor Marcial Magsino, during theelection on April 25, 2009 of the Governor for the Greater Manila Region, in accordance with theguideline in Resolution No. XVIII-2009. The argument of the QC-Chapter President Tranquil Salvador, that Attys. Loanzon andLaqui were not delegates because they were not elected by the QC-Board of Officers, is not welltaken. Sec. 31, Art. V of the By-Laws provides that:

“Additional Delegates and alternates shall in proper cases be elected bythe Board of Officers of the Chapter.”

The QC Chapter is not a “proper case” for the election of additional delegates by theBoard of Officers because the Chapter is entitled to the same number of delegates (11) to theHouse, as the number of officers in its Board of Officers. Its officers are ipso facto the Chapter’sdelegates to the House. There is no need for the Board of Officers to conduct an election. A “proper case” for the election of additional delegates and alternates by the Board ofOfficers occurs when the number of additional delegates and alternates for the Chapter is lessthan the members of the Board of Officers, for, then, the Board of Officers must select, andelect, who among themselves should be the additional delegate/s and alternates of the Chapterto the House of Delegates. That has never been the case of the QC Chapter. III. Atty. Manuel Maramba (Manila III Chapter) was validly elected as GMR Governor for the2009-2011 term, not only because he outvoted his rival, Atty. Elpidio Soriano (Quezon CityChapter), but also because under the principle of rotation of the governorship (Bar Matter No.586, May 14, 1991) since the five (5) chapters of the Greater Manila Region have allrepresented the region in the Board of Governors during the past five (5) terms, in the followingorder: 1999-2001 -------- Manila III -------- Jose P. Icaonapo

2001-2003 -------- Quezon City ----- Santos V. Catubay, Jr. 2003-2005 -------- Manila II ---------- Rosario Setias-Reyes 2005-2007 -------- Manila I ----------- Alicia A. Risos-Vidal 2007-2009 -------- Manila IV --------- Marcial M. Magsino it is now the turn of the representative of the Manila III Chapter to sit again in the Board ofGovernors for the next round which begins in the 2009-2011 term. The Manila III representative,Atty. Manuel M. Maramba, has every right to the position not only because he won the electionwith 13 votes in his favor against 12 for Atty. Soriano, but also because his election follows therotation rule decreed by the Supreme Court. On the other hand, the election of Atty. Soriano (QC Chapter) in the special election thatwas presided over by EVP Vinluan on May 4, 2009, was a nullity on three (3) grounds: First,because Atty. Soriano already lost the election on April 25, 2009. Second, the special electionconducted by the Vinluan Group on May 4, 2(00)8 was illegal because it was not called norpresided over by the regional Governor. Third, Atty. Soriano is disqualified to run for GMRGovernor for the 2009-2011 term because his “election” as such would violate the rotation rulewhich the Supreme Court requires to be “strictly implemented”. Under the rotation rule, the GMRgovernorship for the 2009-2011 term belongs to the Manila III Chapter, not to the QC Chapter,whose turn will come two (2) years later, in 2011-2013 yet. IV. Atty. Erwin Fortunato of the Romblon Chapter was duly elected as Governor for theWestern Visayas Region for the 2009-2011 term, not only because he obtained the highestnumber of votes among the three (3) candidates for the position, but also because under therotation rule, it is now the turn of the Romblon Chapter to represent the Western Visayas Regionin the IBP Board of Governors. The contention of the protestants, Attys. Cornelio Aldon (Antique Chapter) and BenjaminOrtega (Negros Occidental Chapter) that the rotation rule in Sections 37 and 39 of the IBP By-Laws is not mandatory but only directory, betrays their ignorance of the resolution of theSupreme Court in Bar Matter No. 586 dated May 16, 1991, ruling that “the principle on rotationshall be strictly implemented so that all prior elections for governor in the region shall bereckoned with or considered in determining who should be the governor to be selected from thedifferent chapters to represent the region in the Board of Governors.” V. Neither Atty. Nasser Marohomsalic nor Atty. Benjamin Lanto is qualified to be electedGovernor of Western Mindanao Region. Sec. 39, Art. VI of the IBP By-Laws provides that:“Starting in 1993-1995, the principle of rotation in the position of governor among the differentchapters to represent the region in the Board of Governors shall be strictly implemented. Under Sec. 37, Art. VI of the By-Laws, the Governor of a region shall be elected by themembers of the House of Delegates from that region only. Since the delegate of a Chapter tothe House of Delegates is the President of the Chapter, not the Board of Officers, the nomineeof the Chapter President, not the nominee of the Board of Officers, is the valid nominee forGovernor of the Region. However, under the rotation rule, it is not the Lanao del Sur Chapter that shouldrepresent the Western Mindanao Region in the Board of Governors for the 2009-2011term. The record of the IBP National Secretariat shows that, starting in 1993-1995 when thestrict implementation of the rotation rule began, the 12-chapter Western Mindanao Region hasbeen represented in the Board of Governors by only six (6) Chapters, as follows: 1993-1995 ----- Lanao del Sur ------ Dimnatang T. Saro 1995-1997 ----- Cotabato ------------ George C. Jabido 1997-1999 ----- ZAMBASULTA -- Arthur D. Lim 1999-2001 ----- ZAMBASULTA -- Paulino R. Ersando

2001-2003 ----- North Cotabato --- Little Sarah A. Agdeppa 2003-2005 ----- Sultan Kudarat ---- Carlos L. Valdez, Jr. 2005-2007 ----- SOCSARGEN ----- Rogelio C. Garcia 2007-2009 ----- Sultan Kudarat ---- Carlos L. Valdez, Jr. Therefore, pursuant to the strict rotation, the Lanao del Sur Chapter must wait for the six(6) other Chapters in the region (Zamboanga Sibugay, Zamboanga del Norte, Zamboanga delSur, Lanao del Norte, Misamis Occidental, and Maguindanao-Cotabato City) to have their turn inthe Board of Governors before Lanao del Sur may again represent the Western MindanaoRegion in the Board of Governors. Since both Attys. Nasser Marohomsalic and B(e)njamin Lanto belong to the Lanao delSur Chapter, both of them are disqualified to be elected as Governor of the Western MindanaoRegion for the 2009-2011 term. With respect to Atty. Benjamin Lanto, his nomination by theBoard of Officers was not only invalid, but also lost credibility after three (3), out of the thirteen(13) signatories to his nomination, resigned from the Board of Officers, and six (6) others signed“authorizations” in favor of Atty. Macalawi authorizing him to nominate and elect the Governor forthe Western Mindanao Region. That left only four (4) votes in favor of his nomination forGovernor of the Western Mindanao Region. VI. The elections for the IBP Executive Vice President separately held on May 9, 2009 bythe Bautista and Vinluan Groups were null and void for lack of quorum. The presence offive (5) Governors-elect is needed to constitute a quorum of the 9-member Board of Governors-elect who shall elect the Executive Vice President. As previously stated, there were two (2) simultaneous elections for the Executive VicePresident for the 2009-2011 term – one was called and presided over by EVP Vinluan in theBoard Room of the IBP National Office, while the other election for the same position waspresided over by outgoing IBP Pres. Bautista in another room of the same building, at the sametime, 9:00 A.M., on the same date, May 9, 2009. Those present at the meeting of the Vinluan Group were: 1. Atty. Elpidio G. Soriano 2. Atty. Benjamin B. Lanto

3. Atty. Amador Tolentino, Jr., Governor-elect for Southern Luzon4. Atty. Jose V. Cabrera, Governor-elect for Bicolandia5. Atty. Erwin Fortunato, Governor-elect for Western Visayas6. Atty. Roland B. Inting, Governor-elect for Eastern Visayas

Since both Attys. Soriano and Lanto were not validly elected as Governors respectivelyof the Greater Manila Region and the Western Mindanao Region, they were disqualified to sit inthe incoming Board of Governors and participate in the election of the succeeding ExecutiveVice President. The remaining four (4) Governors-elect – Governors Tolentino, Cabrera,Fortunato, and Inting, did not constitute a quorum of the Board of Governors to conduct a validelection of the IBP Executive Vice President. The election of Atty. Elpidio G. Soriano asExecutive Vice President by the Vinluan Group was invalid. Aside from lack of a quorum toconduct the elections, EVP Vinluan wrongly presided over the election. Thus, Atty. Soriano wasnot duly elected as Governor of the Greater Manila Region, hence, he is disqualified to sit in theBoard of Governors. Neither did the meeting of the Bautista Group fare any better, for those present were:

1. Atty. Milagros Fernan-Cayosa, Governor-elect for Northern Luzon

2. Atty. Ferdinand Y. Miclat, Governor-elect for Central Luzon

3. Atty. Manuel M. Maramba, Governor-elect for Greater Manila 4. Atty. Roan Libarios, Governor-elect for Eastern Mindanao 5. Atty. Nasser Marohomsalic Atty. Marohomsalic’s election as Governor for Western Mindanao was invalid for violatingthe rotation rule. The four (4) remaining governors-elect (Attys. Cayosa, Miclat, Maramba andLibarios) like those in the Vinluan Group, did not constitute a quorum to conduct the election ofthe IBP Executive Vice President for the current term. The election of Governor Roan Libarios asExecutive Vice President by this group was therefore null and void. Besides that flaw in his election, since the Eastern Visayas Region, represented byGovernor Jose Aguila Grapilon of Biliran, had succeeded to the presidency in 1997-1999, itsnext turn will come after the eight (8) other regions shall have also served in the presidency.That will be after sixteen years, or, in 2015-2017 yet. VII. The administrative complaint against EVP Rogelio A. Vinluan and his Group ofGovernors (Abelardo Estrada of Northern Luzon, Bonifacio Barandon of Bicolandia,Evergisto Escalon of Eastern Visayas, and Raymund Mercado of Western Visayas) ismeritorious, for their conduct was fractious and high-handed, causing disunity and acrimoniousdisagreements in the IBP. 1. The request of the EVP Vinluan’s Group for a special meeting of the Board ofGovernors on April 23, 2009 – two (2) days before the scheduled election of the regionalGovernors on April 25, 2009 – when IBP Pres. Bautista was in Zamboanga on IBP business,and the other Governors had just returned to their respective regions to prepare for the April 25election of the regional governors, was unreasonable. The special meeting on April 23, 2009 which he himself presided over, violated Sec. 42,Art. VI of the By-Laws which provides that it is the President who shall call a special meeting,and it is also the President who shall preside over the meeting, not Atty. Vinluan (Sec. 50, Art.VII, By-Laws). The proper recourse for the Vinluan Group, in view of President Bautista’s refusal to calla special meeting as requested by them, is found in Section 43, Art. VI of the By-Laws whichprovides that-

“The Board may take action, without a meeting, by resolution signed by atleast five Governors provided that every member of the Board shall have beenpreviously apprised of the contents of the resolution.”

But the Vinluan Group ignored that procedure. They held a special meeting on April 23,

2009, where they adopted Resolution No. XVIII-2009 (Special-23 April 2009) striking out as ultravires the earlier Resolution No. XVIII-2009 passed in the regular monthly meeting of the Board ofGovernors on April 17, 2009. That meeting was illegal, hence, the resolution adopted thereinwas null and void. 2. The second special meeting held by the Vinluan Group on April 30, 2009 wherein theyapproved Resolution XVIII-2009 (Special-A-30 April 2009) resolving the election protests in theGMR, Western Visayas and Western Mindanao governors’ elections, with complete disregard forthe protestees’ right to due process, was likewise illegal, hence, the Group’s resolution of theelection protests was likewise null and void, and the new election of the GMR Governor whichthey set on May 4, 2009 was invalid. 3. The “Board Resolution” which was adopted and faxed to the Governors-elect on May8, 2009, by the Vinluan Group, setting the election of the IBP Executive Vice President on May9, 2009, at 9:00 A.M.; declaring Pres. Bautista “unfit to preside” over the election and

“designating EVP Vinluan to preside over the election” in lieu of Pres. Bautista, was uncalled andunwarranted, and caused disunity and disorder in the IBP. It was in effect a coup to unseat Pres.Bautista before the end of his term, and prematurely install EVP Vinluan as president. The actuations of Atty. Vinluan’s Group in defying the lawful authority of IBP PresidentBautista, due to Atty. Vinluan’s overweening desire to propel his fraternity brother, Atty. ElpidioG. Soriano, to the next presidency of the IBP, smacked of politicking, which is strongly

condemned and strictly prohibited by the IBP By-Laws and the Bar Integration Rule.[6]

Again, it must be noted that while the pending administrative case against Atty. Vinluan and hisco-respondents has not yet been resolved, Atty. Vinluan was not allowed to assume his position asPresident of the IBP for 2009-2011. Instead, the Supreme Court designated retired Supreme CourtAssociate Justice Santiago Kapunan as Officer-in-Charge of the IBP.

III. Rulings of the Court The Court completely agrees with the recommendations of the Special Committee with respectto, among others, the following: 1. Declaring Atty. Manuel M. Maramba (Manila III Chapter) as the duly elected Governor of

the Greater Manila Region for the 2009-2011 term[7]

; and, 2. Declaring Atty. Erwin M. Fortunato (Romblon Chapter) as the duly elected Governor of the

Western Visayas Region for the 2009-2011 term[8]

. As far as the Court is concerned, there is no dispute that the election of Atty. Maramba was inorder. During the election held last April 25, 2009 which was duly presided over by then outgoingGreater Manila Region Governor Marcial Magsino, it was Atty. Maramba who garnered the highestnumber of votes among the delegates compared to Atty. Soriano, 13 votes to 12 votes. However,instead of accepting the said defeat graciously, Atty. Soriano then filed an election protest on April27, 2009 claiming that the said election was void because there were non-delegates, particularly Attys.Loanzon and Laqui of the Quezon City Chapter, who were allowed to vote. Consequently, Atty.Soriano got a favorable ruling from the group of Atty. Vinluan, as EVP, and former GovernorsEstrada (Northern Luzon), Barandon, Jr. (Bicolandia), Escalon (Eastern Visayas) and Mercado(Western Visayas) per Resolution No. XVIII-2009 (Special A-30 April 2009). This then resulted inthe anomalous election of Atty. Soriano as Governor of the Greater Manila Region last May 4, 2009. In addressing the said controversy, and as already discussed, the Committee concluded that “theVinluan Group’s interpretation of Sec. 31, Art. V, of the By-Laws in Resolution No. XVIII-2009

(Special-23 April 2009) to be in error and devoid of rational and historical bases.” It was then pointedout that “(t)he argument of the QC-Chapter President Tranquil Salvador, (as well as by Atty. Soriano),that Attys. Loanzon and Laqui were not delegates because they were not elected by the QC-Board ofOfficers, is not well taken.” Likewise, the Committee considered the situation then involving theQuezon City Chapter as “not a ‘proper case’ for the election of additional delegates by the Board ofOfficers because the Chapter is entitled to the same number of delegates (11) to the House (ofDelegates), as the number of officers in its Board of Officers. Its officers are ipso facto the Chapter’sdelegates to the House. There is no need for the Board of Officers to conduct an election.” Thus, and as rightly determined by the Committee to which the Court subscribes to, “theelection of Atty. Soriano (QC Chapter) in the special election that was presided over by EVP Vinluanon May 4, 2009, was a nullity on three (3) grounds: First, because Atty. Soriano already lost theelection on April 25, 2009. Second, the special election conducted by the Vinluan Group on May 4,2(009) was illegal because it was not called nor presided by the regional Governor (Atty. Magsino).Third, Atty. Soriano is disqualified to run for GMR Governor for the 2009-2011 term because his“election” as such would violate the rotation rule which the Supreme Court requires to be “strictlyimplemented”.” This being so, since he was not a duly elected Governor of the Greater ManilaRegion, then Atty. Soriano cannot be voted as well as IBP Executive Vice President for 2009-2011. With respect to the case of Atty. Fortunato, his election as Governor for the Western VisayasRegion was upheld since “he obtained the highest number of votes among the three (3) candidates forthe position” and “also because under the rotation rule, it is now the turn of the Romblon Chapter torepresent the Western Visayas Region in the IBP Board of Governors.” On account thereof, the Courtis convinced that the contentions of protestees Attys. Cornelio Aldon (Antique Chapter) and BenjaminOrtega (Negros Occidental Chapter) cannot prosper. After all, the Court already upheld per itsResolution in Bar Matter No. 586 dated May 16, 1991 that the “rotation rule” under Sections 37 and39 of the IBP By-Laws “shall be strictly implemented so that all prior elections for governor in theregion shall be reckoned with or considered in determining who should be the governor to be selectedfrom the different chapters to represent the region in the Board of Governors.” More so, when theconcerned chapter invoked its right thereto as in the case of Atty. Fortunato who came from theRomblon Chapter which was next in the rotation. To the Court, the election of Atty. Fortunato as Governor last April 25, 2009 is well-settled. Hedid not only come from the chapter which is entitled to be elected for the said position, but also gotthe highest number of votes among the candidates that included protestees Attys. Aldon and Ortega.As the election was presided over by then outgoing Governor Raymund Mercado, the Court finds no

cogent reason as well to reverse the findings of the Committee insofar as upholding the election ofAtty. Fortunato is concerned. Suffice it to say, the Committee was correct in not finding any anomalywith respect thereto.

On the nullification of the election of Atty. Nasser Marohomsalic as Governor for the WesternMindanao Region, the Court does not agree with the recommendation of the Committee to hold a

special election in the said region[9]

. Instead, the Court rules to uphold the election of Atty.Marohomsalic last April 25, 2009 which was presided over by then outgoing Governor Carlos Valdez,Jr.

It must be pointed out that Atty. Marohomsalic was duly nominated by Atty. Alex Macalawi,President of the Lanao del Sur Chapter, and the official delegate of the said chapter to the House ofDelegates for the Western Mindanao Region during the elections held last April 25, 2009. On theother hand, Atty. Benjamin Lanto was supposedly nominated by the Board of Officers of the Lanaodel Sur Chapter, except Atty. Macalawi, in Resolution No. 002-2009 dated February 28, 2009.However, it appears that, as discovered by the Committee, “three (3) signatories of the resolution”apparently “resigned as members of the Board of Officers” since they are prosecutors who are“ineligible for election or appointment to any position in the Integrated Bar or any Chapter thereof”,while “(s)ix (6) other signatories of the resolution” allegedly “recalled their signatures” and they,instead, “signed an ‘authorization’ authorizing the Chapter President, Atty. Macalawi, “to select andvote” “for the Regional Governor for Western Mindanao”.” Thus, “(t)he withdrawal of nine (9)signatures from the Resolution No. 002, left only four (4) votes in support of Lanto’s nomination – a

puny minority of the 14-member Board of Officers of the Lanao del Sur Chapter.” [10]

The attempt of Atty. Vinluan and his group of Governors to nullify the election of Atty.Marohomsalic through Resolution No. XVIII-2009 (Special A-30 April 2009) was clearly irregularand unjustified. Based on the April 25, 2009 election results, Atty. Marohomsalic won over his rivalAtty. Lanto, 6 votes to 5 votes. Consequently, he was duly proclaimed as the elected Governor of theWestern Mindanao Region. On April 27, 2009, Atty. Lanto filed an election protest, “questioning thevalidity of Atty. Marohomsalic’s nomination by Atty. Macalawi, President of the IBP Lanao del SurChapter, and claiming that his (Lanto’s) nomination by the Board of Officers of the Lanao del SurChapter was the valid nomination.”

Immediately, on April 30, 2009, the group of Atty. Vinluan issued Resolution No. XVIII-2009proclaiming Atty. Lanto as the duly elected Governor without affording Atty. Marohomsalic his right

to due process. More importantly, instead of calling for another election like what it did for theGreater Manila Region, the group of Atty. Vinluan proceeded to instantly declare Atty. Lanto ashaving been duly elected “on the ground that the nomination of the protestee, Nasser Marohomsalic,was contrary to the will of the Lanao del Sur Chapter expressed through Board Resolution No. 00(2)-

2009 of the Board of Officers (of the Lanao del Sur Chapter).”[11]

As borne out by the records, Atty. Marohomsalic was duly nominated by Atty. Alex Macalawi,

President of the Lanao del Sur Chapter, and the official delegate of the said chapter to the House ofDelegates for the Western Mindanao Region during the elections. On the other hand, Atty. Lanto wassupposedly nominated by the Board of Officers of the same Chapter in a resolution dated February 28,2009, which was not signed and approved by Atty. Macalawi. However, and as already pointed outby the Committee, the “withdrawal of nine (9) signatures from the Resolution No. 002, left only four(4) votes in support of Lanto’s nomination – a puny minority of the 14-member Board of Officers of

the Lanao del Sur Chapter.”[12]

Thus, the Committee, citing Sec. 37, Art. VI of the By-Laws, clearly repudiated and

overturned Resolution No. XVIII-2009 (Special A- 30 April 2009) of Atty. Vinluan and his group ofGovernors. In its Report, it declared that the “nominee of the Chapter President, not the nominee of

the Board of Officers, is the valid nominee for Governor of the Region,”[13]

thereby sustaining theposition of Atty. Marohomsalic and, in effect, the validity of his nomination by Atty. Macalawi.

Despite the said findings, Atty. Marohomsalic was stripped of his electoral mandate and victory

when the Committee, invoking the strict application of the “rotation rule,” proceeded to altogethernullify the result of the elections duly conducted on April 25, 2009. According to the Committee,neither Lanto nor Marohomsalic is qualified to be elected governor because it was not the turn ofLanao del Sur chapter to represent the Western Mindanao Region in the Board of Governors for the2009-2011 term. As declared in the Report --

However, under the rotation rule, it is not the Lanao del Sur Chapter that shouldrepresent the Western Mindanao Region in the Board of Governors for the 2009-2011term. The record of the IBP National Secretariat shows that, starting in 1993-1995 when thestrict implementation of the rotation rule began, the 12 –chapter Western Mindanao Region hasbeen represented in the Board of Governors only six (6) Chapters, as follows: 1993-1995---Lanao del Sur-----Dimnatang T. Saro 1995-1997---Cotatabato---------George C. Jabido 1997-1999---ZAMBASULTA—Arthur D. Lim 1999-2001---ZAMBASULTA---Paulino R. Ersando

2001-2003---North Cotabato---- Little Sarah A. Agdeppa 2003-2005---Sultan Kudarat-----Carlos L. Valdez, Jr. 2005-2007---SOCSARGEN-----Rogelio C. Garcia 2007-2009---Sultan Kudarat-----Carlos L. Valdez, Jr. Therefore, pursuant to the strict rotation rule, the Lanao del Sur Chapter must wait for thesix (6) other Chapters in the region (Zamboanga Sibugay, Zamboanga del Norte, Zamboangadel Sur, Lanao del Norte, Misamis Occidental, and Maguindanao-Cotabato City) to have theirturn in the Board of Governors before Lanao del Sur may again represent the WesternMindanao Region in the Board of Governors. Since both Attys. Nasser Marohomsalic and Benjamin Lanto belong to the Lanao del SurChapter, both of them are disqualified to be elected as Governor of the Western MindanaoRegion for the 2009-2011 term.

The ruling of the Committee insofar as it nullified the election of Atty. Marohomsalic as

Governor of the Western Mindanao Region cannot be sustained for not being in full accord with factsand the rules. While the Committee may have correctly pointed out that under the rotation rule it wasnot yet the turn of IBP Lanao del Sur Chapter to represent the region in the Board of Governors forthe 2009-2011 term, it does not necessarily follow that the result of the elections should be altogethernullified on that ground. Evidently, and as determined by the Committee itself, there are instanceswhen the “rotation rule” was not followed insofar as the elections in 1999 and 2007 were concernedwith respect to the Western Mindanao Region.

In the regular election of April 25, 2009, there is no dispute that the voting delegates of IBP

Western Mindanao Region voted into office Atty. Marohomsalic of Lanao del Sur Chapter asGovernor for the 2009-2011 term. During the said election, his only rival was Atty. Benjamin Lantowho also belongs to the same Lanao del Sur Chapter. A third candidate, Atty. Escobar from theSarangani Chapter, was nominated but he declined the nomination.

While the Committee points out that six (6) chapters in the region, including Sarangani, are

entitled to precedence over the Lanao del Sur chapter in the order of rotation, the fact remains that notone of them nominated or fielded a candidate from their respective ranks during the April 25,2009 election. Neither did any one of them challenge the nominations of the Lanao del SurChapter based on the order of rotation.

By not fielding a candidate for Governor and by declining the nomination raised in favor of its

Chapter President (Atty. Escobar), the IBP Sarangani Chapter is deemed to have waived its turn in therotation order. The same can be said of the remaining chapters. They too are deemed to have waivedtheir turn in the rotation as they opted not to field or nominate a candidate from among theirrespective members. Neither did they invoke the rotation rule to challenge the nominations from the

Lanao del Sur Chapter. On the contrary, they fully expressed their concurrence to the citednominations, which may be interpreted as a waiver of their right to take their turn to represent theregion in the Board of Governors for the 2009-2011 term.

It need not be stressed that, as cited by the Committee itself, there were instances when the

Governor of the Western Mindanao Region came from the same chapter such as ZAMBASULTA(1997-1999 & 1999-2001) and Sultan Kudarat (2003-2005 & 2007-2009). Thus, Atty. Marohomsaliccould not be faulted if the other chapters opted not to field or nominate their own candidates. Havingbeen validly nominated and duly proclaimed as the duly elected Governor of Western Mindanao,Atty. Marohomsalic therefore deserves to assume his position during the remainder of the term.

It would have been a different story if another Chapter in the order of rotation fielded its own

candidate or invoked the rotation rule to challenge Atty. Marohomsalic’s nomination. But the recordis bereft of any showing that his nomination and subsequent election was challenged on that basis. Ifthere was any challenge at all, it merely referred to his nomination by Atty. Macalawi which theCommittee itself has found to be in order. Thus, no compelling reason exists to disregard the electoralmandate and nullify the will of the voting delegates as expressed through the ballot.

The “rotation rule” is not absolute but subject to waiver as when the chapters in the order of

rotation opted not to field or nominate their own candidates for Governor during the election regularlydone for that purpose. If a validly nominated candidate obtains the highest number of votes in theelection conducted, his electoral mandate deserves to be respected unless obtained through fraud asestablished by evidence. Such is not the case here.

Suffice it to say, the “rotation rule” should be applied in harmony with, and not in derogationof, the sovereign will of the electorate as expressed through the ballot. Thus, Atty. Marohomsaliccannot be divested and deprived of his electoral mandate and victory. The order of rotation is not arigid and inflexible rule as to bar its relaxation in exceptional and compelling circumstances.

If only to stress, compared to the case of Atty. Fortunato whose Romblon Chapter invoked the

“rotation rule,” no chapter in the Western Mindanao Region which was next in the rotation invokedthe said rule.

Now, in its Report, the Committee nullified the elections for the IBP EVP separately and

simultaneously conducted by President Bautista and EVP Vinluan on May 9, 2009 and called for a

special election[14]

for the same. In the case of the election conducted by EVP Vinluan, the results

were nullified for lack of authority to preside over the election and for lack quorum, citing thedisqualification of Attys. Soriano and Lanto to sit in the incoming Board of Governors. The findingdeserves to be sustained.

In the same Report, the Committee also nullified the result of the election for the incoming EVP

conducted by President Bautista. While recognizing President Bautista’s authority to conduct theelection, the Committee nonetheless nullified the election results for lack of quorum, citing theineligibility of Atty. Marohomsalic to sit in the incoming Board of Governors, thereby leaving onlyfour (out of nine) Governors-elect in attendance which did not constitute a quorum.

With the election of Atty. Marohomsalic as Governor of Western Mindanao being deemed

valid, then the defect of lack of quorum that supposedly tainted the election proceedings for EVPseparately conducted by IBP President Bautista may have been cured, five (5) Governors beingsufficient to constitute a quorum.

Be that as it may, the recommendation of the Committee to hold a special election for the EVPfor the remaining 2009-2011 term deserves to be upheld to heal the divisions in the IBP and promoteunity by enabling all the nine (9) Governors-elect to elect the EVP in a unified meeting called for thatpurpose. This will enable matters to start on a clean and correct slate, free from the politicking and theunder handed tactics that have characterized the IBP elections for so long.

In the conduct of the unified election of the incoming EVP, the following findings and

recommendations of the Committee shall be adopted: THE ROTATION OF THEPRESIDENCY AMONG THE REGIONS-

Sec. 47, Art. VII of the By-Laws, as amended by Bar Matter 491, Oct. 6, 1989, providesthat the Executive Vice President shall be chosen by the Board of Governors from among thenine (9) regional governors. The Executive Vice President shall automatically become Presidentfor the next succeeding term. The Presidency shall rotate among the nine Regions.”

The list of national presidents furnished the Special Committee by the IBP National

Secretariat, shows that the governors of the following regions were President of the IBP duringthe past nine (9) terms (1991-2009):

Numeriano Tanopo, Jr. (Pangasinan)!Central Luzon!1991-1993Mervin G. Encanto (Quezon City)! Greater Manila 1993-1995Raul R. Anchangco (Makati)!Southern Luzon!1995-1997Jose Aguila Grapilon (Biliran)! Eastewrn Visayas ! 1997-1999Arthur D. Lim ( Zambasulta)!Western Mindanao!1999-2001Teofilo S. Pilando, Jr. (Kalinga Apayao)!Northern Luzon!2001-2003Jose Anselmo L. Cadiz (Camarines Sur)!Bicolandia!2005-Aug. 2006Jose Vicente B. Salazar (Albay)!Bicolandia! Aug. 2006-2007

Feliciano M. Bautista (Pangasinan)!Central Luzon!2007-2009 Only the Governors of the Western Visayas and Eastern Mindanao regions have not yet

had their turn as Executive Vice President cum next IBP President, while Central Luzon andBicolandia have had two (2) terms already.

Therefore, either the governor of the Western Visayas Region, or the governor of the

Eastern Mindanao Region should be elected as Executive Vice President for the 2009-2011term.

Accordingly, a special election shall be held by the present nine-man IBP Board of Governorsto elect the EVP for the remainder of the term of 2009-2011, which shall be presided over andconducted by IBP Officer-in-Charge Justice Santiago Kapunan (Ret.) within seven (7) days fromnotice.

Further, in its report, the Committee declared that “the high-handed and divisive tactics of Atty.

Rogelio A. Vinluan and his group of Governors, Abelardo Estrada, Bonifacio Barandon Jr., EvergistoEscalon, and Raymund Mercado, which disrupted the peaceful and orderly flow of business in theIBP, caused chaos in the National Office, bitter disagreements, and ill-feelings, and almostdisintegrated the Integrated Bar, constituted grave professional misconduct which should be

appropriately sanctioned to discourage its repetition in the future.” [15]

The Committee, however, fell short of determining and recommending the appropriate penalty

for the grave professional misconduct found to have been committed by Atty. Vinluan and his groupof Governors. Still, with the above firm and unequivocal findings and declarations of the Committeeagainst Atty. Vinluan and his group that included Attys. Estrada, Barandon, Jr., Escalon and Mercadoas “unprofessional” members of the IBP Board of Governors (2007-2009 term) they certainly do notdeserve to hold such esteemed positions.

It has long been held that, as provided for in Rule 1.01, Canon 1 of the Code of Professional

Responsibility[16]

that “(a) lawyer shall not engage in unlawful, dishonest, immoral or deceitfulconduct.” Added to this, Rule 7.03, Canon 7 requires that “(a) lawyer shall not engage in conduct thatadversely reflects on his fitness to practice law, nor shall he whether in public or private life, behavein a scandalous manner to the discredit of the legal profession.” In the case at bar, such canons findapplication.

In addition, it was clear to the Committee, and the Court agrees, that “(t)he actuations of Atty.

Vinluan’s Group in defying the lawful authority of IBP President Bautista, due to Atty. Vinluan’s

overweening desire to propel his fraternity brother, Atty. Elpidio G. Soriano, to the next presidency ofthe IBP, smacked of politicking, which is strongly condemned and strictly prohibited by the IBP By-Laws and the Bar Integration Rule.” Indeed, said actuations of Atty. Vinluan and his group of formerIBP Governors Estrada, Barandon, Jr., Escalon and Mercado were grossly inimical to the interest ofthe IBP and were violative of their solemn oath as lawyers. After all, what they did served only tobenefit the apparently selfish goals of defeated candidate Atty. Elpidio Soriano to be elected as IBPEVP and be the next IBP President for the 2011-2013 term by hook or by crook.

Bearing the above in mind, what Attys. Vinluan, Estrada, Barandon, Jr., Escalon and Mercado

conspired to do was truly “high-handed and divisive” that must not pass unsanctioned. Otherwise,future leaders of the IBP, Governors at that, might be similarly inclined to do what they did, much tothe prejudice of the IBP and its membership. Surely, this should be addressed without much delay soas to nip-in-the-bud such gross misconduct and unprofessionalism. They all deserve to suffer the samefate for betraying as well the trust bestowed on them for the high positions that they previously held.

The Resolution of the Court in the case of Re: 1989 Elections of the Integrated Bar of the

Philippines[17]

already declared that unethical practices of lawyers during IBP elections cannot butresult in the stature of the IBP as an association of the practitioners of a noble and honored professionbeing diminished. As held therein, “(r)espect for law is gravely eroded when lawyers themselves, whoare supposed to be minions of the law, engage in unlawful practices and cavalierly brush aside the

very rules that the IBP formulated for their observance.” [18] Indeed, the said strong and vigorous

declaration of this Court on the 1989 IBP Election scandal is relevant here.

While Atty. Vinluan and his group deserve to be stripped of their positions in the IBP, this canno longer be done as their terms as Governors already expired, specially on the part of Attys. Estrada,Barandon, Jr., Escalon and Mercado. However, in the case of Atty. Vinluan, as former EVP of the IBPhe would have automatically succeeded to the presidency for the term 2009-2011 but now should notbe allowed to. After all, and considering the findings of the Committee, he has clearly manifested hisunworthiness to hold the said post. On account thereof, Atty. Vinluan is thus declared unfit to assumethe position of IBP President. To the Court, if Atty. Vinluan cannot be fit to become a Governor andEVP of the IBP then he is not entitled to succeed as its President for the 2009-2011 term.

Also, Atty. Vinluan and his group should no longer be allowed to run as national officers to

prevent such similar irregularity from happening again. Thus, in subsequent elections of the IBP, theyare disqualified to run as candidates.

On the recommendation of the Committee to amend Sections 31[19]

, 33, par. (g) [20]

, 39[21]

,

42[22]

, and 43[23]

, Article VI and Section 47[24]

, Article VII of the IBP By-Laws, the Court findsthe same in order. As such, and in order to immediately effect reforms in the IBP, particularly in theholding of its elections for national officers, the subject amendments are hereby adopted andapproved.

WHEREFORE, premises considered, the Court resolves that: 1. The elections of Attys. Manuel M. Maramba, Erwin M. Fortunato and Nasser A.Marohomsalic as Governors for the Greater Manila Region, Western Visayas Region and WesternMindanao Region, respectively, for the term 2009-2011 are UPHELD; 2. A special election to elect the IBP Executive Vice President for the 2009-2011 term is herebyORDERED to be held under the supervision of this Court within seven (7) days from receipt of thisResolution with Attys. Maramba, Fortunato and Marohomsalic being allowed to represent and vote asduly-elected Governors of their respective regions; 3. Attys. Rogelio Vinluan, Abelardo Estrada, Bonifacio Barandon, Jr., Evergisto Escalon andRaymund Mercado are all found GUILTY of grave professional misconduct arising from theiractuations in connection with the controversies in the elections in the IBP last April 25, 2009 and May9, 2009 and are hereby disqualified to run as national officers of the IBP in any subsequent election.While their elections as Governors for the term 2007-2009 can no longer be annulled as this hasalready expired, Atty. Vinluan is declared unfit to hold the position of IBP Executive Vice Presidentfor the 2007-2009 term and therefore barred from succeeding as IBP President for the 2009-2011term; 4. The proposed amendments to Sections 31, 33, par. (g), 39, 42, and 43, Article VI and Section47, Article VII of the IBP By-Laws as contained in the Report and Recommendation of the SpecialCommittee dated July 9, 2009 are hereby approved and adopted; and 5. The designation of retired SC Justice Santiago Kapunan as Officer-in-Charge of the IBP shallcontinue, unless earlier revoked by the Court, but not to extend beyond June 30, 2011. SO ORDERED.

I join the dissenting opinion of J. Velasco ANTONIO T. CARPIO

Associate Justice

(No part) CONCHITA CARPIO MORALES Associate Justice

On official leave but left dissenting opinion.See dissenting opinion.

PRESBITERO J. VELASCO, JR. Associate Justice

(No part) ANTONIO EDUARDO B. NACHURA Associate Justice

TERESITA J. LEONARDO-DE CASTROAssociate Justice

I certify that J. Brion filed his concurringvote:

ARTURO D. BRION Associate Justice

(No part) DIOSDADO M.PERALTA Associate Justice

(No part)

MARIANO C. DEL CASTILLO Associate Justice

LUCAS P. BERSAMIN Associate Justice

ROBERTO A. ABAD Associate Justice

RENATO C. CORONA Chief Justice

WE CONCUR:

MARTIN S. VILLARAMA, JR. JOSE PORTUGAL PEREZ Associate Justice Associate Justice

(No part) JOSE CATRAL MENDOZA MARIA LOURDES P. A. SERENO Associate Justice Associate Justice

* On official leave but left dissenting opinion.** On sick leave but left concurring vote.[1]

Composed of Justice Carolina C. Griño-Aquino (Ret.), as Chairman, and Justices Bernardo P. Pardo (Ret.) and Romeo J.Callejo, Sr. (Ret.), as Members.

[2] Report and Recommendation dated July 9, 2009, pp. 4-5.

[3] Ibid, p. 6.

[4] Ibid, pp. 7-8.

[5] Ibid, pp. 8-9.

[6] Ibid, pp. 21-28.

[7] Letter G, Report and Recommendation dated July 9, 2009.

[8] Letter H, Report and Recommendation dated July 9, 2009.

[9] Letter (I), Report and Recommendation dated July 9, 2009.

[10] Report and Recommendation dated July 9, 2009, pp. 14-15.

[11] Ibid, p. 17.

[12] Ibid, pp. 14-15.

[13] Ibid, p. 24.

[14] Letter J, Report and Recommendation dated July 9, 2009.

[15] Letter K, Report and Recommendation dated July 9, 2009.

[16] Promulgated on June 21, 1988.

[17] 178 SCRA 398.

[18] Re: 1989 Elections of the Integrated Bar of the Philippines, 178 SCRA 398, 418.

[19] Letter A, Report and Recommendation dated July 9, 2009.

[20] Letter B, Report and Recommendation dated July 9, 2009.

[21] Letter C, Report and Recommendation dated July 9, 2009.

[22] Letter C, Report and Recommendation dated July 9, 2009.

[23] Letter E, Report and Recommendation dated July 9, 2009.

[24] Letter F, Report and Recommendation dated July 9, 2009.