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IN THE MATTER OF THE INQUIRY INTO THE 1989 The following violations were established:

ELECTIONS OF THE INTEGRATED BAR OF THE


PHILIPPINES. (1) Prohibited campaigning and solicitation of votes by the
candidates for president, executive vice-president, the
officers of candidate the House of Delegates and Board
of Governors.
FACTS:

 The newly-elected officers were set to take the their *Atty. Nisce admitted that he went around the
oath of office on July 4,1989. However, widespread country seeking the help of IBP chapter
reports were received about the intensive officers, soliciting their votes, and securing
electioneering and overspending by the candidates their written endorsements; he reserved
(led by Attorneys Nereo Paculdo, Ramon Nisce, and rooms at the Hyatt Hotel based on the
commitments he had obtained
Violeta C. Drilon)
 Alleged use of government planes, and the officious
intervention of certain public officials to influence the (2) Use of PNB plane in the campaign.
voting were done in violation of the IBP By-Laws which
prohibit such activities (3) Formation of tickets and single slates.
 SC en banc resolved to suspend the oath-taking of the
IBP officers-elect and to inquire into the veracity of the (4) Giving free transportation to out-of-town delegates and
reports. alternates.
 Justice Puno took it upon himself to device safeguards
to prevent tampering with, and marking of, the ballots. (5) Giving free hotel accommodations, food, drinks,
 What the Court viewed with considerable concern was entertainment to delegates.
the reported electioneering and extravagance that
characterized the campaign conducted by the three Atty. Paculdo: 24 ( which was actually 54)
candidates for president of the IBP. regular rooms and three suites at the Holiday Inn

I. MEDIA ACCOUNT OF THE ELECTION CAMPAIGN


Atty. Drilon: at the Philippine Plaza Hotel;
 Emil Jurado: "vote-buying and pressure tactics" camp manager – in the name of the "IBP c/o Atty.
Callanta." However, Atty. Drilon alleged that she did
 Mr. Jurado: PNB helicopters to visit far-flung IBP
not know that Atty. Callanta had billeted her delegates.
chapters; rampant vote-buying by some members of
the U.P. Sigma Rho Fraternity
Atty. Nisce: entered into a contract with the
 Mr. Mauricio: endless haggling over the price of their
Hyatt Hotel; reserved rooms for those who committed
votes (15K, 20K, to 50K)
themselves to his candidacy.
II. THE COURT'S DECISION TO INVESTIGATE
(6) Campaigning by labor officials for Atty. Violeta Drilon
 The Court directed the outgoing and incoming
members of the IBP Board of Governors, the principal (7) Paying the dues or other indebtedness of any number
officers and Chairman of the House of Delegates to (Sec. 14[e], IBP BY-Laws).
appear before it.
 The IBP shall be non-political in character and that (8) Distribution of materials other than bio-data of not more
there shall be no lobbying nor campaigning in the than one page of legal size sheet of paper (Sec. 14[a], IBP By-
choice of members of the Board of Governors and of Laws).
the House of Delegates, and of the IBP officers,
national, or regional, or chapter. (9) Causing distribution of such statement to be done by
 Retired Supreme Court Justice and IBP President persons other than those authorized by the officer presiding at
Emeritus, Jose B.L. Reyes were invited to give counsel the election (Sec. 14[b], IBP By-Laws).
and advice.
 The Court resolved to conduct a formal inquiry to (10) Inducing or influencing a member to withhold his vote,
determine whether the prohibited acts and activities or to vote for or against a candidate (Sec. 14[e], IBP BY-Laws).
enumerated in the IBP By-Laws were committed before
and during the 1989 elections of IBP's national officers.

FINDINGS:
 The Court en banc formed a committee that submitted
its Report after receiving, and analyzing and assessing  Principal candidates for the national positions in the
evidence. Integrated Bar conducted their campaign preparatory
to the elections on June 3, 1989, violated Section 14 of
III. PROHIBITED ACTS AND PRACTICES UNDER IBP BY- the IBP By-Laws and made a travesty of the idea of a
LAWS. "strictly non-political" Integrated Bar enshrined in
Section 4 of the By-Laws.
 The candidates and many of the participants in that
 Article I, Section 4 of the IBP By-Laws emphasizes the
election not only violated the By-Laws of the IBP but
"strictly non-political" character of the Integrated Bar of
also the ethics of the legal profession which imposes
the Philippines, thus:
on all lawyers, as a corollary of their obligation to obey
and uphold the constitution and the laws, the duty to
"SEC. 4. Non-political Bar. — The Integrated Bar is "promote respect for law and legal processes" and to
strictly non-political, and every activity tending to impair abstain from 'activities aimed at defiance of the law or
this basic feature is strictly prohibited and shall be at lessening confidence in the legal system" (Rule 1.02,
penalized accordingly. Canon 1, Code of Professional Responsibility).
 Respect for law is gravely eroded when lawyers
themselves engage in unlawful practices and cavalierly
brush aside the very rules that the IBP formulated for
(d) Any violation of the rules xxx shall be a ground for the their observance.
disqualification of a candidate or his removal from office if
elected xxx.
6. Section 33(b), Art. V, IBP By-Laws, is hereby amended as
follows:
CONCLUSIONS.
(b) The President and Executive Vice
It has been mentioned with no little insistence that the provision President of the IBP shall be the Chairman
in the 1987 Constitution (See. 8, Art. VIII) providing for a Judicial and Vice-Chairman, respectively, of the
and Bar Council composed of seven (7) members among whom House of Delegates. The Secretary,
is "a representative of the Integrated Bar," tasked to participate Treasurer, and Sergeant-at-Arms shall be
in the selection of nominees for appointment to vacant positions appointed by the President with the consent
in the judiciary, may be the reason why the position of IBP of the House of Delegates.'
president has attracted so much interest among the lawyers.
The much coveted "power" erroneously perceived to be inherent 7. Section 33(g) of Article V providing for the positions of
in that office might have caused the corruption of the IBP Chairman, Vice-Chairman, Secretary-Treasurer and Sergeant-
elections. To impress upon the participants in that electoral at- Arms of the House of Delegates is hereby repealed
exercise the seriousness of the misconduct which attended it
and the stern disapproval with which it is viewed by this Court, 8. Section 37, Article VI is hereby amended to read as follows:
and to restore the non-political character of the IBP and reduce,
if not entirely eliminate, expensive electioneering for the top
positions in the organization which, as the recently concluded Section 37. Composition of the Board. — The
elections revealed, spawned unethical practices which seriously Integrated Bar of the Philippines shall be
diminished the stature of the IBP as an association of the governed by a Board of Governors consisting
practitioners of a noble and honored profession, the Court of nine (9) Governors from the nine (9)
hereby ORDERS: regions as delineated in Section 3 of the
Integration Rule, on the representation basis
of one (1) Governor for each region to be
1. The IBP elections held on June3,1989 should be as they are elected by the members of the House of
hereby annulled. Delegates from that region only. The position
of Governor should be rotated among the
2. The provisions of the IBP By-Laws for the direct election by different Chapters in the region.
the House of Delegates (approved by this Court in its resolution
of July 9, 1985 in Bar Matter No. 287) of the following national 9. Section 39, Article V is hereby amended as follows:
officers:
Section 39. Nomination and election of the
(a) the officers of the House of Delegates; Governors at least one (1) month before the
national convention the delegates from each
(b) the IBP president; and region shall elect the governor for their region,
the choice of which shall as much as possible
(c) the executive vice-president, be rotated among the chapters in the region.

be repealed, this Court being empowered to amend, modify or 10. Section33(a), Article V hereby is amended by adding the
repeal the By-Laws of the IBP under Section 77, Art. XI of said following provision as part of the first paragraph:
By-Laws.
No convention of the House of Delegates nor
3. The former system of having the IBP President and Executive of the general membership shall be held prior
Vice-President elected by the Board of Governors (composed of to any election in an election year.
the governors of the nine [91 IBP regions) from among
themselves (as provided in Sec. 47, Art. VII, Original IBP By- 11. Section 39, (a), (b), (1), (2), (3), (4), (5), (6), and (7) of Article
Laws) should be restored. The right of automatic succession by VI should be as they are hereby deleted.
the Executive Vice-President to the presidency upon the
expiration of their two-year term (which was abolished by this All other provisions of the By-Laws including its amendment by
Court's resolution dated July 9,1985 in Bar Matter No. 287) the Resolution en banc of this Court of July 9, 1985 (Bar Matter
should be as it is hereby restored. No. 287) that are inconsistent herewith are hereby repealed or
modified.
4. At the end of the President's two-year term, the Executive
Vice-President shall automatically succeed to the office of 12. Special elections for the Board of Governors shall be held in
president. The incoming board of governors shall then elect an the nine (9) IBP regions within three (3) months, after the
Executive Vice-President from among themselves. The position promulgation of the Court's resolution in this case. Within thirty
of Executive Vice-President shall be rotated among the nine (9) (30) days thereafter, the Board of Governors shall meet at the
IBP regions. One who has served as president may not run for IBP Central Office in Manila to elect from among themselves the
election as Executive Vice-President in a succeeding election IBP national president and executive vice-president. In these
until after the rotation of the presidency among the nine (9) special elections, the candidates in the election of the national
regions shall have been completed; whereupon, the rotation officers held on June 3,1989, particularly identified in Sub-Head
shall begin anew. 3 of this Resolution entitled "Formation of Tickets and Single
Slates," as well as those identified in this Resolution as
5. Section 47 of Article VII is hereby amended to read as follows: connected with any of the irregularities attendant upon that
election, are ineligible and may not present themselves as
Section 47. National Officers. — The candidate for any position.
Integrated Bar of the Philippines shall have a
President and Executive Vice-President to be 13. Pending such special elections, a caretaker board shall be
chosen by the Board of Governors from appointed by the Court to administer the affairs of the IBP. The
among nine (9) regional governors, as much Court makes clear that the dispositions here made are without
as practicable, on a rotation basis. The prejudice to its adoption in due time of such further and other
governors shall be ex oficio Vice-President measures as are warranted in the premises.
for their respective regions. There shall also
be a Secretary and Treasurer of the Board of
Governors to be appointed by the President
with the consent of the Board.

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