IN THE MATTER OF THE BREWING A.M. No.

09-5-2-SC
CONTROVERSIES IN THE ELECTION
IN THE INTEGRATED BAR OF THE
PHILIPPINES,
x--------------------------------------------------x
ATTYS. MARCIAL M. MAGSINO, A.C. No. 8292
MANUEL M. MARAMBA and
NASSER 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, BONIFACIO
T. BARANDON, JR., EVERGISTO S.
ESCALON and RAYMUND JORGE A.
MERCADO,
Respondents.
Promulgated:

December 14, 2010

x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

R E S O LUTIO 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 officers of 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 elections of Vice-President for the Greater Manila
Region and Executive Vice-President of the IBP itself xxx and any other election
controversy involving other chapters of the IBP, if any, that includes as well the
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 a Preliminary Conference Brief on the same day. During
the conference it was determined that the investigation 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) shall consist of all the Chapter Presidents and,
in the case of Chapters entitled to more than one
Delegate each, the Vice-Presidents of the Chapters and
such additional Delegates as the Chapters are entitled to.
Unless the Vice-President is already a Delegate, he shall
be an alternate Delegate. Additional Delegates and
alternates shall in proper cases be elected by the Board of
Officers of the Chapter. Members of the Board of
 Governors who are not Delegates shall be members ex
officio of the House, without the right to vote.

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 the administrative complaint for grave professional misconduct,
violation of attorneys oath, and acts inimical to the IBP filed against
him by Attys. Marcial Magsino, Manuel Maramba 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 against Atty. 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. It appears 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 and Marcial 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. The Special Committee, in the course of its investigation, further received a
letter dated June 22, 2009 from 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 Comment dated 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 the dispositive portion of which read as follows:

A. That to avoid further controversy regarding its proper

interpretation and implementation, Sec. 31, Article V, of the By-
Laws should be amended as follows (suggested amendments 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 entitled to. 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, the Board 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 elected as Delegates, then the Board of Officers
shall elect the additional delegates and alternates from the
general membership of the Chapter, and his corresponding
alternate shall 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
amended as 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 is absent 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, and
shall be called by him upon the written request of five (5)
members of the Board. The President shall not vote except to
break a tie in the voting. When for any reason, the President
cannot preside on account of his absence, incapacity, or
refusal to call a meeting, the Executive Vice President shall
preside, there being a quorum to transact business, but he
may 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 following exception
thereto so that the procedure may not be abused in connection
with any election in the IBP:

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 Chapters in the Regions for the election of the
Governor for the regions, (as ordered by this Honorable Court in
Bar Matter No. 586, May 14, 1991) should be incorporated in Sec.
39, Article VI of the By-Laws, as follows:

Sec. 39. Nomination and election of the Governors. At least

one (1) month before the 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 implemented among 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 may reclaim 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 in the round completed.

F. That in view of the fact that the IBP no longer elects its
President, because the Executive 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 the President. Moreover, for the strict
implementation of the rotation rule, the Committee recommends
that there should be a sanction for its violation, thus:

Sec. 47. National Officers. The Integrated Bar of the

Philippines shall have a President, an Executive Vice
President, and nine (9) regional Governors. The
Executive Vice President shall be elected on a
strict rotation basis by the Board of Governors
from among themselves, by the vote of at least
five (5) Governors. The Governors shall be ex
officio Vice President for their respective regions.
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 by annulment of the election
and disqualification of the offender from election
or appointment to any office in the IBP.

G. That Atty. Manuel M. Maramba should be declared the duly

elected Governor of the Greater Manila Region for the 2009-2011
term.

H. That Atty. Erwin Fortunato of the Romblon Chapter should be

declared the duly elected 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 accordance with the
rotation rule, only the six (6) Chapters in the region that have not
yet been elected to the Board of Governors, namely: Zamboanga
 Sibugay, Zamboanga del Norte, Za(m)boanga del Sur, Lanao del
Norte, Misamis Occidental, and Maguindanao-Cotabato City, shall
participate in the election.

J. That, thereafter, a special election should also be held by the

Board of Governors to elect the Executive Vice President for the
2009-2011 term with strict observance of the rotation rule.
Inasmuch as for the past nine (9) terms, i.e., since the 1991-1993
term, the nominees of the Western Visayas and Eastern
Mindanao Regions have not yet been elected Executive Vice
President 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, in
accordance with the strict rotation rule.

K. That the high-handed and divisive tactics of Atty. Rogelio A.

Vinluan and his group of Governors, Abelardo Estrada, Bonifacio
Barandon, Jr., Evergisto Escalon, and Raymund Mercado, which
disrupted the peaceful and orderly flow of business in the IBP,
caused chaos in the National Office, bitter disagreements, and ill-
feelings, and almost disintegrated the Integrated Bar, constituted
grave professional misconduct which should be appropriately
sanctioned to discourage 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 it was 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 who
shall 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 their
election and until their successors shall have been duly chosen
and qualified. For the 2009-2011 term, 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 its Board of Officers and they were all
delegates to the House of Delegates. Beginning with the 1997-
 1999 term, when it added a Public Relations Officer (P.R.O.) and
Auditor to its Board of Officers, the number of delegates allotted to
the Chapter was also increased to eleven (11) like the
membership in its Board of Officers, pursuant to a
reapportionment of delegates by the Board 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 Chapters delegates to the House of Delegates. Atty.
Victoria Loanzon who has been an officer of the Chapter in
various capacities since 2003, like her fellow officers in the Board,
automatically became a delegate since 2003 up to this time.

For the 2009-2011 term, the Board of Officers of the IBP-QC

Chapter that assumed office 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 ones Chapter and a delegate to

the House of Delegates, because a delegate gets to elect the
Governor for the Region (which must rotate among the Chapters
in the region). The Governor of the Region becomes a member of
the Board of Governors, and gets to elect, or be elected, as the
next IBP Executive Vice President who 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 this consists of nine (9) Governors from the nine (9) Regions. One (1)
Governor for each Region shall be elected by the members of the House of
Delegates from that region only. The Governors, the President and the Executive
Vice-President shall hold office for a term of two (2) years from July 1
immediately following their election, up to June 30 of their second year in office
and until their successors 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 Region shall 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 Governor in the region shall be reckoned with or
considered in determining who should be Governor to be selected
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 Chapters was ordered by the Supreme Court in its
Resolution dated May 14, 1991 in Bar Matter No. 586 (Clarification Re: 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 as many terms as the number of chapters
there are in the region, to give every chapter a chance to
represent the region in the Board of Governors. Thus, in a region
composed of 5 chapters, each chapter is entitled to the
governorship once in every 5 terms, or once every ten (10) years,
since a term is two (2) years.
 The record of the National IBP Secretariat shows that during the
past five (5) terms, from 1999 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 rotation should be followed by the five (5) chapters, i.e.,
Manila III shall begin the round, to be followed by Quezon City for
2011-2013 term, Manila for the 2013-2015 term, Manila I for the
2015-2017 term, and Manila IV for the 2017-2019 term.

In the Western Visayas Region which is composed of ten (10)

chapters, each chapter is entitled to represent the governorship of
the region once every ten (10) terms. The first chapter to occupy
the governorship, must wait for the nine (9) other chapters to
serve their respective terms, 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 amended by Bar Matter 491, Oct. 6, 1989, provides that the Executive Vice
President shall be chosen by the Board of Governors from among the nine (9)
regional governors. The Executive Vice President shall automatically become
President for the next succeeding term. The Presidency shall rotate among the nine
Regions. Further, the Committee averred that:
 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 during the 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 yet had their turn as Executive Vice
President cum next IBP President, while Central Luzon and
Bicolandia 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 2009-2011 term. 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 by Southern 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 are the following: (I) the dispute concerning additional delegates of the
QC Chapter to the House of Delegates; (II) the election of the Governor for the
Greater Manila Region (GMR); (III) the election of Governor for the Western
Visayas Region; (IV) the election of Governor for the Western Mindanao Region;
(V) the resolution of the election protests; (VI) the election of the IBP Executive
Vice President for the 2009-2011 term; and, (VII) the administrative complaint
against EVP Rogelio Vinluan.
In addressing the above controversies, the Committee arrived at the following
findings and conclusions:
I. The silence of Sec. 31, Art. V of the IBP By-Laws on who
may be elected as additional delegates and alternates by the
remaining members of the Board of Officers of the
Chapter when the Chapter is entitled to more than two (2)
delegates to the House of Delegates, is the root cause of the
conflicting resolutions of the Bautista and Vinluan factions on the
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 from among the
remaining duly elected officers and members of the Board, in
consideration of their mandate 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 membership who are in good
standing to include the remaining duly elected officers and
members of the Board.

The Committee finds the qualification introduced by Resolution

No. XVIII-2009 that the additional delegate/s and alternates
must be elected from among the remaining officers of the
Chapter to be consistent with the precedent set by Section 31
itself in appointing members of the Board of Officers, namely,
(a) the president of the Chapter as the delegate, and the vice
president as the alternate, or second, delegate to the House of
Delegates, when the Chapter is entitled to two (2) delegates.
There is a manifest intention in Sec. 31, Art. V of the By-Laws to
reserve membership in the House of Delegates (which is the
deliberative body of the IBP) for the elected officers of the Chapter
since they have already received the mandate of the general
membership of the Chapter.

For the past four (4) terms (2003-2011), Atty. Loanzon has been
an officer and delegate of the QC Chapter to the House of
Delegates, until the Vinluan Group introduced its own
interpretation of the aforementioned provision of the By-Laws and
elected non-officers of the Chapter as delegates to the House of
Delegates in lieu of herself and Atty. Laqui.

We find the Vinluan Groups 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.

II. Attys. Victoria Loanzon and Marite Laqui were properly

recognized as delegates of the QC Chapter by the Presiding
Officer, GMR Governor Marcial Magsino, during the election on
April 25, 2009 of the Governor for the Greater Manila Region, in
accordance with the guideline in Resolution No. XVIII-2009.

The argument of the QC-Chapter President Tranquil Salvador,

that Attys. Loanzon and Laqui were not delegates because they
were not elected by the QC-Board of Officers, is not well taken.

Sec. 31, Art. V of the By-Laws provides that:

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

The QC Chapter is not a proper case for the election of additional

delegates by the Board of Officers because the Chapter is entitled
to the same number of delegates (11) to the House, as the
number of officers in its Board of Officers. Its officers are ipso
facto the Chapters delegates 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 of Officers occurs when the number of
additional delegates and alternates for the Chapter is less than
the members of the Board of Officers, for, then, the Board of
Officers must select, and elect, who among themselves should be
the additional delegate/s and alternates of the Chapter to 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 the 2009-2011 term, not only
because he outvoted his rival, Atty. Elpidio Soriano (Quezon City
Chapter), 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 all represented
the region in the Board of Governors during the past five (5)
terms, in the following order:

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 of Governors 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 election with 13 votes in his favor against 12
for Atty. Soriano, but also because his election follows the rotation
rule decreed by the Supreme Court.

On the other hand, the election of Atty. Soriano (QC Chapter) in

the special election that was 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 election conducted by the Vinluan Group on May 4,
2(00)8 was illegal because it was not called nor presided over by
the regional Governor. 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 strictly implemented. Under the rotation rule, the
GMR governorship 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 the Western Visayas Region for the
2009-2011 term, not only because he obtained the highest
number of votes among the three (3) candidates for the position,
but also because under the rotation rule, it is now the turn of the
Romblon Chapter to represent the Western Visayas Region in the
IBP Board of Governors.

The contention of the protestants, Attys. Cornelio Aldon (Antique

Chapter) and Benjamin Ortega (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 the Supreme Court in Bar Matter No. 586 dated May
16, 1991, ruling that the principle on rotation shall be strictly
implemented so that all prior elections for governor in the region
shall be reckoned with or considered in determining who should
be the governor to be selected from the different chapters to
represent the region in the Board of Governors.

V. Neither Atty. Nasser Marohomsalic nor Atty. Benjamin

Lanto is qualified to be elected Governor 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 different chapters 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 the members of the House of Delegates from
that region only. Since the delegate of a Chapter to the House of
Delegates is the President of the Chapter, not the Board of
Officers, the nominee of the Chapter President, not the nominee
of the Board of Officers, is the valid nominee for Governor of the
Region.

However, under the rotation rule, it is not the Lanao del Sur
Chapter that should represent the Western Mindanao Region
in the Board of Governors for the 2009-2011 term. The record
of the IBP National Secretariat shows that, starting in 1993-1995
when the strict implementation of the rotation rule began, the 12-
chapter Western Mindanao Region has been 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 del Sur,
Lanao del Norte, Misamis Occidental, and Maguindanao-Cotabato
City) to have their turn in the Board of Governors before Lanao
del Sur may again represent the Western Mindanao Region in the
Board of Governors.

Since both Attys. Nasser Marohomsalic and B(e)njamin Lanto

belong to the Lanao del Sur Chapter, both of them are disqualified
to be elected as Governor of the Western Mindanao Region for
the 2009-2011 term. With respect to Atty. Benjamin Lanto, his
nomination by the Board 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 for the Western Mindanao
Region. That left only four (4) votes in favor of his nomination for
Governor of the Western Mindanao Region.

VI. The elections for the IBP Executive Vice President

separately held on May 9, 2009 by the Bautista and Vinluan
Groups were null and void for lack of quorum. The presence
of five (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 Vice President for the 2009-2011 term one was
called and presided over by EVP Vinluan in the Board Room of
the IBP National Office, while the other election for the same
position was presided over by outgoing IBP Pres. Bautista in
another room of the same building, at the same time, 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
Luzon
4. Atty. Jose V. Cabrera, Governor-elect for Bicolandia
5. Atty. Erwin Fortunato, Governor-elect for Western
Visayas
6. Atty. Roland B. Inting, Governor-elect for Eastern Visayas

Since both Attys. Soriano and Lanto were not validly elected as
Governors respectively of the Greater Manila Region and the
Western Mindanao Region, they were disqualified to sit in the
incoming Board of Governors and participate in the election of the
succeeding Executive Vice 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 valid election of the IBP Executive Vice President. The
election of Atty. Elpidio G. Soriano as Executive Vice President by
the Vinluan Group was invalid. Aside from lack of a quorum to
conduct the elections, EVP Vinluan wrongly presided over the
election. Thus, Atty. Soriano was not duly elected as Governor of
the Greater Manila Region, hence, he is disqualified to sit in the
Board 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. Marohomsalics election as Governor for Western Mindanao

was invalid for violating the rotation rule. The four (4) remaining
governors-elect (Attys. Cayosa, Miclat, Maramba and Libarios)
like those in the Vinluan Group, did not constitute a quorum to
conduct the election of the IBP Executive Vice President for the
current term. The election of Governor Roan Libarios as Executive
Vice President by this group was therefore null and void.

Besides that flaw in his election, since the Eastern Visayas

Region, represented by Governor Jose Aguila Grapilon of Biliran,
had succeeded to the presidency in 1997-1999, its next 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 of Governors (Abelardo Estrada of
Northern Luzon, Bonifacio Barandon of Bicolandia, Evergisto
Escalon of Eastern Visayas, and Raymund Mercado of
Western Visayas) is meritorious, for their conduct was fractious
and high-handed, causing disunity and acrimonious
disagreements in the IBP.

1. The request of the EVP Vinluans Group for a special meeting of

the Board of Governors on April 23, 2009 two (2) days before the
scheduled election of the regional Governors 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 25 election 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

Bautistas refusal to call a special meeting as requested by them,
is found in Section 43, Art. VI of the By-Laws which provides that-

The Board may take action, without a meeting, by

resolution signed by at least five Governors provided
that every member of the Board shall have been
previously 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 ultra
vires the earlier Resolution No. XVIII-2009 passed in the regular
monthly meeting of the Board of Governors on April 17, 2009.
That meeting was illegal, hence, the resolution adopted therein
was null and void.

2. The second special meeting held by the Vinluan Group on April

30, 2009 wherein they approved Resolution XVIII-2009 (Special-
A-30 April 2009) resolving the election protests in the GMR,
Western Visayas and Western Mindanao governors elections,
with complete disregard for the protestees right to due process,
was likewise illegal, hence, the Groups resolution of the election
protests was likewise null and void, and the new election of the
GMR Governor which they set on May 4, 2009 was invalid.

3. The Board Resolution which was adopted and faxed to the

Governors-elect on May 8, 2009, by the Vinluan Group, setting
the election of the IBP Executive Vice President on May 9, 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 and unwarranted, 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. Vinluans Group in defying the lawful

authority of IBP President Bautista, due to Atty. Vinluans
overweening desire to propel his fraternity brother, Atty. Elpidio G.
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 his co-respondents has not yet been resolved, Atty. Vinluan was not
allowed to assume his position as President of the IBP for 2009-2011. Instead, the
Supreme Court designated retired Supreme Court Associate 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 respect to, 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 in order. During the election held last April 25, 2009 which was duly
presided over by then outgoing Greater Manila Region Governor Marcial Magsino,
it was Atty. Maramba who garnered the highest number 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
April 27, 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 Governors Estrada (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 in the 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 the Vinluan Groups 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 pointed out 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 of Officers, is not well taken. Likewise, the Committee considered the
situation then involving the Quezon City Chapter as not a proper case for the
election of additional delegates by the Board of Officers because the Chapter is
entitled to the same number of delegates (11) to the House (of Delegates), as the
number of officers in its Board of Officers. Its officers are ipso facto the Chapters
delegates 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, the election of Atty. Soriano (QC Chapter) in the special election that was
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 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 strictly implemented. This being so, since he was not
a duly elected Governor of the Greater Manila Region, 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 Visayas Region was upheld since he obtained the highest number of votes
among the three (3) candidates for the position and also because under the rotation
rule, it is now the turn of the Romblon Chapter to represent the Western Visayas
Region in the IBP Board of Governors. On account thereof, the Court is convinced
that the contentions of protestees Attys. Cornelio Aldon (Antique Chapter) and
Benjamin Ortega (Negros Occidental Chapter) cannot prosper. After all, the Court
already upheld per its Resolution in Bar Matter No. 586 dated May 16, 1991 that
the rotation rule under Sections 37 and 39 of the IBP By-Laws shall be strictly
implemented so that all prior elections for governor in the region shall be reckoned
with or considered in determining who should be the governor to be selected from
the different chapters to represent the region in the Board of Governors. More so,
when the concerned chapter invoked its right thereto as in the case of Atty.
Fortunato who came from the Romblon Chapter which was next in the rotation.

To the Court, the election of Atty. Fortunato as Governor last April 25, 2009 is
well-settled. He did not only come from the chapter which is entitled to be elected
for the said position, but also got the 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 of
Atty. Fortunato is concerned. Suffice it to say, the Committee was correct in not
finding any anomaly with respect thereto.

On the nullification of the election of Atty. Nasser Marohomsalic as

Governor for the Western Mindanao 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 of Delegates for the Western Mindanao Region during
the elections held last April 25, 2009. On the other hand, Atty. Benjamin Lanto was
supposedly nominated by the Board of Officers of the Lanao del 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 and vote
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
Lantos 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 irregular and unjustified. Based on the April 25, 2009
election results, Atty. Marohomsalic won over his rival Atty. Lanto, 6 votes to 5
votes. Consequently, he was duly proclaimed as the elected Governor of the
Western Mindanao Region. On April 27, 2009, Atty. Lanto filed an election protest,
questioning the validity of Atty. Marohomsalics nomination by Atty. Macalawi,
President of the IBP Lanao del Sur Chapter, and claiming that his (Lantos)
nomination by the Board of Officers of the Lanao del Sur Chapter was the valid
nomination.
 Immediately, on April 30, 2009, the group of Atty. Vinluan issued Resolution
No. XVIII-2009 proclaiming 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 the Greater Manila Region, the
group of Atty. Vinluan proceeded to instantly declare Atty. Lanto as having 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 of Delegates for the Western Mindanao
Region during the elections. On the other hand, Atty. Lanto was supposedly
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 out by the Committee, the withdrawal
of nine (9) signatures from the Resolution No. 002, left only four (4) votes in
support of Lantos 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 of Governors. 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 the
position 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 altogether nullify 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 of
Lanao del Sur chapter to represent the Western Mindanao Region in the Board of
Governors for the 2009-2011 term. As declared in the Report --

However, under the rotation rule, it is not the Lanao del Sur
Chapter that should represent the Western Mindanao Region
in the Board of Governors for the 2009-2011 term. The record
of the IBP National Secretariat shows that, starting in 1993-1995
when the strict implementation of the rotation rule began, the 12
chapter Western Mindanao Region has been 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---ZAMBASULTAArthur 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 the six (6) other Chapters in the region
(Zamboanga Sibugay, Zamboanga del Norte, Zamboanga del Sur,
Lanao del Norte, Misamis Occidental, and Maguindanao-Cotabato
City) to have their turn in the Board of Governors before Lanao
del Sur may again represent the Western Mindanao Region in the
Board of Governors.

Since both Attys. Nasser Marohomsalic and Benjamin Lanto

belong to the Lanao del Sur Chapter, both of them are disqualified
to be elected as Governor of the Western Mindanao Region 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 facts and the rules. While the Committee may
have correctly pointed out that under the rotation rule it was not yet the turn of IBP
Lanao del Sur Chapter to represent the region in the Board of Governors for the
2009-2011 term, it does not necessarily follow that the result of the elections
should be altogether nullified on that ground. Evidently, and as determined by the
Committee itself, there are instances when the rotation rule was not followed
insofar as the elections in 1999 and 2007 were concerned with 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 as Governor for the 2009-2011 term. During the said
election, his only rival was Atty. Benjamin Lanto who also belongs to the same
Lanao del Sur Chapter. A third candidate, Atty. Escobar from the Sarangani
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 not one 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 Sur Chapter 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 the rotation order. The same can be said of the
remaining chapters. They too are deemed to have waived their turn in the rotation
as they opted not to field or nominate a candidate from among their respective
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 cited nominations, which may be interpreted as a waiver of their
right to take their turn to represent the region 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. Marohomsalic could not be faulted
if the other chapters opted not to field or nominate their own candidates. Having
been 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.
Marohomsalics nomination. But the record is bereft of any showing that his
nomination and subsequent election was challenged on that basis. If there was any
challenge at all, it merely referred to his nomination by Atty. Macalawi which the
Committee itself has found to be in order. Thus, no compelling reason exists to
disregard the electoral mandate 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 regularly done for that purpose. If a validly
nominated candidate obtains the highest number of votes in the election conducted,
his electoral mandate deserves to be respected unless obtained through fraud as
established by evidence. Such is not the case here.
Suffice it to say, the rotation rule should be applied in harmony with, and not
in derogation of, the sovereign will of the electorate as expressed through the
ballot. Thus, Atty. Marohomsalic cannot be divested and deprived of his electoral
mandate and victory. The order of rotation is not a rigid 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 invoked the 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 the disqualification of
Attys. Soriano and Lanto to sit in the incoming Board of Governors. The finding
deserves 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
Bautistas authority to conduct the election, the Committee nonetheless nullified the
election results for lack of quorum, citing the ineligibility of Atty. Marohomsalic to
sit in the incoming Board of Governors, thereby leaving only four (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 EVP separately conducted by IBP President Bautista may
have been cured, five (5) Governors being sufficient to constitute a quorum.
Be that as it may, the recommendation of the Committee to hold a special
election for the EVP for the remaining 2009-2011 term deserves to be upheld to
heal the divisions in the IBP and promote unity by enabling all the nine (9)
Governors-elect to elect the EVP in a unified meeting called for that purpose. This
will enable matters to start on a clean and correct slate, free from the politicking
and the under 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 THE

PRESIDENCY AMONG THE REGIONS-

Sec. 47, Art. VII of the By-Laws, as amended by Bar Matter

491, Oct. 6, 1989, provides that the Executive Vice President shall
be chosen by the Board of Governors from among the nine (9)
regional governors. The Executive Vice President shall
automatically become President for the next succeeding term. The
Presidency shall rotateamong 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
during the past nine (9) terms (1991-2009):

Numeriano Tanopo, Jr. (Pangasinan)Central Luzon1991-1993

Mervin G. Encanto (Quezon City) Greater Manila 1993-1995
Raul R. Anchangco (Makati)Southern Luzon1995-1997
Jose Aguila Grapilon (Biliran) Eastewrn Visayas 1997-1999
 Arthur D. Lim ( Zambasulta)Western Mindanao1999-2001
Teofilo S. Pilando, Jr. (Kalinga Apayao)Northern Luzon2001-2003
Jose Anselmo L. Cadiz (Camarines Sur)Bicolandia2005-Aug.
2006
Jose Vicente B. Salazar (Albay)Bicolandia Aug. 2006-2007
Feliciano M. Bautista (Pangasinan)Central Luzon2007-2009

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 and
Bicolandia 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 2009-2011 term.

Accordingly, a special election shall be held by the present nine-man IBP

Board of Governors to elect the EVP for the remainder of the term of 2009-2011,
which shall be presided over and conducted by IBP Officer-in-Charge Justice
Santiago Kapunan (Ret.) within seven (7) days from notice.

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., Evergisto Escalon, and Raymund Mercado, which
disrupted the peaceful and orderly flow of business in the IBP, caused chaos in the
National Office, bitter disagreements, and ill-feelings, and almost disintegrated 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 group of Governors. Still, with the above firm
and unequivocal findings and declarations of the Committee against Atty. Vinluan
and his group that included Attys. Estrada, Barandon, Jr., Escalon and Mercado as
unprofessional members of the IBP Board of Governors (2007-2009 term) they
certainly do not deserve 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 deceitful conduct. Added to this, Rule 7.03, Canon 7
requires that (a) lawyer shall not engage in conduct that adversely reflects on his
fitness to practice law, nor shall he whether in public or private life, behave in a
scandalous manner to the discredit of the legal profession. In the case at bar, such
canons find application.

In addition, it was clear to the Committee, and the Court agrees, that (t)he
actuations of Atty. Vinluans Group in defying the lawful authority of IBP President
Bautista, due to Atty. Vinluans overweening desire to propel his fraternity brother,
Atty. Elpidio G. 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. Indeed, said actuations of Atty. Vinluan and his group of
former IBP Governors Estrada, Barandon, Jr., Escalon and Mercado were grossly
inimical to the interest of the IBP and were violative of their solemn oath as
lawyers. After all, what they did served only to benefit the apparently selfish goals
of defeated candidate Atty. Elpidio Soriano to be elected as IBP EVP 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 to the prejudice of the IBP
and its membership. Surely, this should be addressed without much delay so as to
nip-in-the-bud such gross misconduct and unprofessionalism. They all deserve to
suffer the same fate 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 but result in the stature of the IBP as an
association of the practitioners of a noble and honored profession being
diminished. As held therein, (r)espect for law is gravely eroded when lawyers
themselves, who are 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 can no 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 IBP he would have
automatically succeeded to the presidency for the term 2009-2011 but now should
not be allowed to. After all, and considering the findings of the Committee, he has
clearly manifested his unworthiness to hold the said post. On account thereof, Atty.
Vinluan is thus declared unfit to assume the position of IBP President. To the
Court, if Atty. Vinluan cannot be fit to become a Governor and EVP 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, they are 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 finds the same in order. As such, and in order to immediately
effect reforms in the IBP, particularly in the holding of its elections for national
officers, the subject amendments are hereby adopted and approved.

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 Western Mindanao 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 hereby ORDERED to be held under the supervision of this Court within
seven (7) days from receipt of this Resolution with Attys. Maramba, Fortunato and
Marohomsalic being allowed to represent and vote as duly-elected Governors of
their respective regions;
3. Attys. Rogelio Vinluan, Abelardo Estrada, Bonifacio Barandon, Jr., Evergisto
Escalon and Raymund Mercado are all found GUILTY of grave professional
misconduct arising from their actuations in connection with the controversies in the
elections in the IBP last April 25, 2009 and May 9, 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 has already expired, Atty. Vinluan is declared unfit to hold the position of IBP
Executive Vice President for the 2007-2009 term and therefore barred from
succeeding as IBP President for the 2009-2011 term;

4. The proposed amendments to Sections 31, 33, par. (g), 39, 42, and 43, Article VI
and Section 47, Article VII of the IBP By-Laws as contained in the Report and
Recommendation of the Special Committee 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 shall continue, unless earlier revoked by the Court, but not to extend
beyond June 30, 2011.

SO ORDERED.