Bm 2713; (June, 2014) (Digest)
G.R. No. B.M. No. 2713, June 10, 2014
Atty. Aileen R. Maglana v. Atty. Jose Vicente R. Opinion
FACTS
On May 25, 2013, thirteen delegates of the Integrated Bar of the Philippines (IBP) Eastern Visayas Region convened to elect their Regional Governor for the 2013-2015 term. Atty. Aileen R. Maglana, President of the IBP Samar Chapter, was nominated. She moved that only the Samar Chapter was qualified to run, citing the rotation rule under Bar Matter No. 491 and arguing it was the only chapter not yet represented since the rule’s implementation in 1989. Atty. Jose Vicente R. Opinion, candidate from the Eastern Samar Chapter, presented an April 2, 2013 opinion from IBP Governor Vicente M. Joyas stating that Eastern Samar, Samar, and Biliran Chapters were all qualified to field candidates, as his prior loss in the 2011 election did not disqualify his chapter. After debate, outgoing Governor Manuel Enage, Jr. ruled Atty. Opinion disqualified. Despite a motion to suspend and refer the issue to the IBP Board of Governors (BOG), Governor Enage proceeded with the election. Ten ballots were filled; six votes for Atty. Opinion were declared stray, and four votes for Atty. Maglana were counted. Atty. Maglana was proclaimed Governor. Atty. Opinion filed an election protest with the IBP BOG, arguing the rotation rule had not been strictly followed historically and that Samar Chapter had waived its turn by not fielding candidates in prior elections. The IBP BOG granted the protest on June 7, 2013, declared Atty. Opinion eligible, annulled Atty. Maglana’s proclamation, and proclaimed Atty. Opinion the duly elected Governor. Atty. Maglana appealed this decision to the Supreme Court.
ISSUE
Whether the IBP Board of Governors correctly granted the election protest and declared Atty. Jose Vicente R. Opinion as the duly elected Governor of IBP Eastern Visayas for the 2013-2015 term.
RULING
The Supreme Court REVERSED and SET ASIDE the June 7, 2013 IBP BOG decision. The Court REINSTATED the proclamation of Atty. Aileen R. Maglana as the duly elected Governor of IBP Eastern Visayas for the 2013-2015 term.
The Court held that the rotation rule under Section 39, Article VI of the IBP By-Laws is mandatory. Its purpose is to ensure equal representation by allowing each chapter a chance to hold the governorship. The rule operates on an “exclusion” principle: once a chapter produces a governor, it is excluded until all other chapters in the region have had their turn. The Court found that the IBP BOG erred in its interpretation. Based on the records, a complete first rotation cycle for Eastern Visayas (comprising nine chapters) had not been concluded because the Samar Chapter had never been represented. The Court rejected the BOG’s finding of waiver, noting that a waiver must be clear and categorical, which was absent here. The Court emphasized that the rotation cycle cannot be considered complete until every chapter, including Samar, has had its opportunity. Therefore, for the 2013 election, only the Samar Chapter was qualified to field a candidate. Consequently, Atty. Opinion was not an eligible candidate, and the six votes cast for him were correctly considered stray. Atty. Maglana, as the only eligible candidate who received votes, was validly proclaimed. The Supreme Court’s supervisory authority over the IBP allows it to review and correct actions of the IBP BOG that are contrary to law or its own rules.