G.R. No. A.M. No. 09-5-2-SC; A.C. No. 8292; December 4, 2012
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

This administrative matter arose from brewing controversies in the Integrated Bar of the Philippines (IBP) elections. In a Resolution dated December 14, 2010, the Supreme Court resolved various election disputes and upheld the strict implementation of the “rotation rule” under the IBP By-Laws for electing Regional Governors. The rule mandates that the position of Governor be rotated among the different chapters in a region. Following this, a motion for clarification was filed concerning the application of this rule for the 2011-2013 term in the IBP-Western Visayas Region. The specific query was whether, after completing one full rotation cycle where each chapter in the region had taken a turn, the new cycle should begin with nominations open to all chapters or follow a strict pre-determined sequence from the first chapter.
The IBP Board of Governors (IBP-BOG) and an intervening past chapter president, Atty. Marven B. Daquilanea, posited that upon completion of a cycle, elections should be open to all chapters in the region, subject only to an “exclusionary rule” that would bar the chapter which just finished its term (Romblon) from immediately running again. In contrast, the IBP-Capiz Chapter argued that a new cycle should restart with the first chapter in the original sequence, which would be Capiz. A Temporary Restraining Order was issued to suspend the regional election pending the Court’s clarification.

ISSUE

Whether, at the commencement of a new rotational cycle for electing an IBP Regional Governor, the nomination is open to all chapters in the region (subject to the exclusion of the immediately preceding chapter) or must follow a strict, pre-ordained sequence starting from the first chapter.

RULING

The Supreme Court ruled in favor of the “rotation by exclusion” method. The Court clarified that the rotational rule under Sections 37 and 39 of the IBP By-Laws is designed to ensure equal opportunity for all chapters within a region to hold the governorship over time. The completion of one full cycle, where every chapter has served, resets the process. To implement the rotation principle in the new cycle, the chapter that just served (Romblon) is excluded from the immediate subsequent election. This “rotation by exclusion” method allows all other chapters in the region an equal opportunity to contest the governorship for the new term.
The Court rejected the argument for a strict, pre-determined sequence restarting from the first chapter (Capiz). It held that such a rigid interpretation would undermine the equitable purpose of the rotation rule by perpetually favoring a fixed order and potentially allowing a chapter to claim priority based on a sequence from a cycle long completed. The “rotation by exclusion” rule is more consistent with the rotational principle, promotes fairness, and provides flexibility for chapters to reach a consensus on the sequence within the new cycle. Consequently, the TRO was lifted, and the IBP-Western Visayas Region was ordered to proceed with its election under this clarified rule.