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In re: IBP Elections Bar matter No. 491 ISSUE: WON IBP elections violated Art. 1, Sec.

s violated Art. 1, Sec. 4 (non-political character of


October 6, 1989 IBP) and Sec. 14 (prohibited acts) of the By-Laws of the IBP - YES
Per Curiam
HELD: (Details of the violations, found in the end, taken verbatim from
Group 5, Aniag
2019 LegProf Digest)
FACTS:
KEY RULING:
June 3, 1989 – The election of the national officers of the IBP took place.
It is evident that the manner of campaigning employed by the candidates
The day before the oath-taking, the Supreme Court resolved to suspend
violated several times Sec. 14 and made a travesty to the idea of a “strictly
the same because of widespread reports from lawyers, newspaper columns
non-political” Integrated Bar enshrined in Sec. 4
and news personally received by the SC Justices regarding intensive
ELECTIONEERING and OVERSPENDING by the candidates, primarily the 3  Candidates and participants in these elections not only violated
who ran for the IBP Presidency: Atty. Nereo Paculdo, Atty. Ramon Nisce, the by-laws of the IBP but also the ethics of the legal profession
and Atty. Violeta Drilon. In this resolution, they reviewed the campaign imposed on lawyers as to their corollary of their obligation to
period itself, not the election process. obey and uphold the constitution and its laws, the duty to
Three newspaper columnists; namely, Jurado, Mauricio and Locsin, “promote respect for law and legal processes” and to abstain
contained different accounts of the events that transpired: from “activities aimed at defiance of the law or at lessening
confidence in the legal system” (Rule 1.02, Canon 1, Code of
 Jurado – Violeta Drilon allegedly used PNB helicopters to visit far- Professional Responsibility)
flung IBP chapters and had regional directors and labor arbiters o Respect for law is gravely eroded when the lawyers
campaign for her (DOLE Secretary was her husband, Franklin themselves engage in unlawful practice and cavalierly
Drilon); rampant vote buying by members of Sec. Drilon’s brush aside the very rules that the IBP formulated for
fraternity (Sigma Rho) as well as lawyers of ACCRA (where Atty. their observance
Drilon was employed) o The ardor with which the candidates pursued the
 Mauricio – DOLE personnel aided Atty. Drilon’s candidacy; billeting presidency of the association detracted from the dignity
of out-of-town delegates in plush hotels where they haggled them of the legal profession. The spectacle of lawyers bribing
for their votes and being brined to vote one way or another, certainly
 Locsin – echoed Mauricio’s accounts did not uphold the honor of the profession nor elevate it
in the public’s esteem
SC issued its en banc resolution to investigate on June 15, stressing that the  Spectacle of lawyers bribing or being bribed to vote a certain
IBP is supposed to be NON-POLITICAL in character and there should be NO way did not uphold the honor of the profession nor elevate it in
LOBBYING OR CAMPAIGNING because ideally, the officers are chosen the public’s esteem. This was probably a result of the perceived
based on PROFESSIONAL MERIT AND WILLINGNESS and ABILITY TO “power” of being the IBP President as part of the JBC
SERVE. They formed a committee to investigate and summoned several  To impress upon the participants of the seriousness of their
individuals as resource persons on the improper conduct of the IBP misconduct, the stern disapproval of the Court, to restore the
elections non-political character of the IBP and to reduce, if not eliminate
expensive electioneering which spawned unethical practices  Nisce admitted to buying round-trip tickets to voting
which diminished the stature of the IBP as an association of delegates (Badelles got 4 round-trip tix which he did not use
practitioners of a noble and honored profession, the Court orders: b/c didn’t to commit, Atiliano, Lim, Real Fortes…)
o Elections are annulled  Only 1 of his 4 candidates won
o In view of the Court’s power to amend, modify or repeal
the By-Laws under Sec. 77, Art. XI of the By-Laws, the
5 – FREE HOTEL, FOOD, DRINKS, ENTERTAINMENT (also benta
court also changed several provisions regarding the
HAHA)
conduct of elections of the IBP.
 Paculdo – 24 rooms @ Holiday Inn, 3 of which are suites
occupied by him, officers of Capitol Bar Assoc, and Atty.
DETAILS OF THE VIOLATIONS TAKEN VERBATIM FROM D2019 LEGPROF Jalandoni. He paid 150k.
DIGEST  Hotel Manager de Guzman said he booked 52 rooms and
the booking was made under his wife Atty. Gloria Paculdo’s
1 – PROHIBITED CAMPAIGNING AND SOLIICATIONS name. Total of 227k was paid.
 All 3 candidates traveled around the country to solicit votes
 Nisce admitted and submitted copy of nomination forms he  Drilon – 40 rooms @ Phil Plaza and acc. to its rep Ms.
photocopies Villanueva, it was made under name“IBP c/o Atty. Callanta”.
Sales Manager Juco said Mr. Benedicto (ASSEC in DOLE) was
2 – USE OF PNB PLANE (sobrang benta HAHA) the first to book and said Callanta will make the
 Acc to PNB records, Factoran (yes, DENR guy) borrowed a arrangement.
plane from PNB for his cabinet member USEC Tria (Sigma  Callanta paid a total of 316k w/ unpaid balance of 302k. Acc
Rhoan) to go to Bicol for work re: typhoon hitting the area. to Villianueva, 232k.
 Tiu, who was running for VP (also Sigma Rhoan), was unable  Callanta admitting putting a downpayment of 123k and his
to book a flight from PAL for the trip of Drilon, himself, and contrubtors [They’re all Sigma Rhoan or an “affiliated org”
others. HAHA ANG LALA]:
 He allegedly went to DENR to “follow up papers for a client”, o Nilo Peña (Quasha Law)  Lots of the senior
saw Tria, and asked if they could hitch so they did. partners are brods
 They got to Bicol and had lunch with Atty. Real Jr, a chapter > Called Drilon a “sigma rho sister”
President of the IBP o Antonio Carpio
> Reserved room for his firm’s members who
3 – FORMATION OF TICKETS AND SINGLE SLATES  all 3 admitted attended the “legal aid seminar”
to forming slates > Assistant in her campaign by talking to his former
UP Law Prof and classmate
4 – FREE TRANSPO o Toto Ferrer (Carpio Law)  Brods
o Jay Castro 8 – DISTRIBUTION OF MATERIALS OTHER THAN ALLOWABLE 1
o Danny Deen PAGE LEGAL SIZED BIO-DATA
o Angangco Tan (Angara Law) Brods  General rule is they can only distribute on the day itself, 1
o Alfonso Reyno page legal size bio-data
o Cosme Rossel  Paculdo circulated a leaflet called “My Quest”, 15-20k from
 Drilon denied knowing Callanta paid and allegedly didn’t his own printing shop
know under whose name her room was registered. Basta  Drilon and Nisce also distributed their tickets and bio-data
she asked for a room and paid for her room.
9 – CAUSING DISTRIBUTION BY PERSONS NOT AUTHORIZED
 Paculdo employed uniformed girls
 Nisce - 30 Rooms @ Hyatt via bro-in-law Paras, paid a down  Carpio noted that there are more materials this year and
of 57k. Managers testified that he paid 217k. election was more heated and expensive
 He admitted he reserved rooms for those who committed  Bernardino, Chapter Pres of IBP Rizal and candidate of
themselves to his candidacy Nisce, testified that materials were distributed by girls and
lawyers (HAHA) and ACCRA lawyers campaigning for Drilon
6 – CAMPAIGNING OF LABOR OFFICIALS
 ASSEC Benedicto admitted he took a LOA to attend the 10 – INDUCING OR INFLUENCING A MEMBER TO WITHHOLD VOTE
convention and stayed at Phil Plaza b/c he’s a brod and gave OR VOTE AGAIN ANOTHER
“moral assistance” to Violeta not just bc Frank was his boss  Lots of names and details about campaigning and
but bc Frank is his brother (medyo sweet <3) influencing
 The immediate circle: Tiu, Carpio, Pena, Wong, Grapilon,  One Magsino was gonna vote for Nisce but was offered a
Lazatin, and Reyno judgeship (SC said this is hearsay)
 Benedicto made 113 phine calls and his suite totaled 23k; in
the other room was the “war room/strategy room” w/ All concur except CJ Fernan and Justice Medialdea who took no part, and
Carpio, Callanta, Benedicto, Quasha and ACCRA lawyer Justice Gutierrez who was on leave
brods.

7 – PAYING THE DUE OR OTHER INDEBTEDNESS


 Teresita Sison, IBP treasurer, testified she heard of
candidates paying off IBP dues who promised to vote for
them but no way to ascertain who paid for who
 Though payments do spike up during election years