G.R. No. A.M. No. 09-5-2-SC and A.C. No. 8292; December 14, 2010
IN THE MATTER OF THE BREWING CONTROVERSIES IN THE ELECTION IN THE INTEGRATED BAR OF THE PHILIPPINES; ATTYS. MARCIAL M. MAGSINO, MANUEL M. MARAMBA and NASSER MAROHOMSALIC, Complainants, vs. ATTYS. ROGELIO A. VINLUAN, ABELARDO C. ESTRADA, BONIFACIO T. BARANDON, JR., EVERGISTO S. ESCALON and RAYMUND JORGE A. MERCADO, Respondents.

FACTS

The Supreme Court created a Special Committee to investigate controversies stemming from the 2009 Integrated Bar of the Philippines (IBP) elections for the Executive Vice-President and regional governors. The probe focused on interpreting Section 31 of the IBP By-Laws concerning House of Delegates membership and determining the valid elections for the Greater Manila, Western Visayas, and Western Mindanao governorships and the Executive Vice-President. Concurrently, an administrative complaint was filed against Atty. Rogelio Vinluan and others for grave misconduct and acts inimical to the IBP related to these electoral disputes. The Special Committee gathered position papers and submissions from involved parties and subsequently issued a Report and Recommendation.

ISSUE

The primary issues were: (1) the correct interpretation of the IBP By-Laws regarding delegate membership and election procedures; (2) the validity of the specific regional and national IBP elections; and (3) the administrative liability of the respondent officers for their conduct during the electoral process.

RULING

The Court adopted the Special Committee’s findings. It ruled that the elections for Governor in Western Visayas and Western Mindanao were valid. However, the election for the Greater Manila Region Governor was declared invalid due to the improper constitution of the chapter’s delegation to the House of Delegates, which violated the By-Laws. Consequently, the election of the Executive Vice-President, which depended on that flawed delegation, was also invalid. On administrative liability, the Court found respondents Atty. Vinluan, Atty. Estrada, and Atty. Barandon guilty of misconduct for manipulating delegate elections and undermining IBP electoral integrity. They were suspended from the practice of law for one year and disqualified from holding future IBP national office. While their prior terms as Governors could not be annulled, Atty. Vinluan was declared unfit for the Executive Vice-Presidency and barred from succeeding as President. The Court also approved the Committee’s recommended amendments to the IBP By-Laws to prevent future ambiguities and controversies.