Republic of the Philippines SUPREME COURT Manila EN BANC A.M. No.

491 October 6, 1989 IN THE MATTER OF THE INQUIRY INTO THE 1989 ELECTIONS OF THE INTE RATE! "AR OF THE PHILIPPINES.

PER CURIAM# In the election of the national officers of the Integrated Bar of the Philippines (hereafter "IBP") held on June ! "#$# at the Philippine International Con%ention Center (or PICC)! the follo&ing &ere elected b' the (ouse of )elegates (co*posed of "+, chapter presidents or their alternates) and proclai*ed as officers-

NAME Att'1 2ioleta )rilon Att'1 Bella 0iro Att'1 /al%ador 5ao Att'1 Renato 61 Ron7uillo Att'1 0eodoro 8uico' Att'1 .scar Badelles Att'1 Justiniano Cortes Att'1 Ciriaco Atien;a Att'1 Mario Jalandoni President

P./I0I.N

E3ecuti%e 2ice4President Chair*an! (ouse of )elegates /ecretar'! (ouse of )elegates 0reasurer! (ouse of )elegates /ergeant at Ar*s! (ouse of )elegates 9o%ernor : 2ice4President for Northern 5u;on 9o%ernor : 2ice4President for Central 5u;on 9o%ernor : 2ice4President for Metro Manila

Att'1 Jose Aguilar 9rapilon Att'1 0eodoro Al*ine Att'1 Porfirio /i'angco Att'1 Ricardo 0eruel Att'1 9lad's 0iongco Att'1 /i*eon )atu*anong

9o%ernor : 2ice4President for /outhern 5u;on 9o%ernor : 2ice4President for Bicolandia 9o%ernor : 2ice4President for Eastern 2isa'as 9o%ernor : 2ice4President for <estern 2isa'as 9o%ernor : 2ice4President for Eastern Mindanao 9o%ernor : 2ice4President for <estern Mindanao

0he ne&l'4elected officers &ere set to ta=e the their oath of office on Jul' >!"#$#! before the /upre*e Court en banc1 (o&e%er!disturbed b' the &idespread reports recei%ed b' so*e *e*bers of the Court fro* la&'ers &ho had &itnessed or participated in the proceedings and the ad%erse co**ents published in the colu*ns of so*e ne&spapers about the intensi%e electioneering and o%erspending b' the candidates! led b' the *ain protagonists for the office of president of the association! na*el'! Attorne's Nereo Paculdo! Ra*on Nisce! and 2ioleta C1 )rilon! the alleged use of go%ern*ent planes! and the officious inter%ention of certain public officials to influence the %oting! all of &hich &ere done in %iolation of the IBP B'45a&s &hich prohibit such acti%ities1 0he /upre*e Court en banc! e3ercising its po&er of super%ision o%er the Integrated Bar! resol%ed to suspend the oath4 ta=ing of the IBP officers4elect and to in7uire into the %eracit' of the reports1 It should be stated at the outset that the election process itself (i1e1 the %oting and the can%assing of %otes on June ! "#$#) &hich &as conducted b' the "IBP Co*elec!" headed b' Justice Re'nato Puno of the Court of Appeals! &as unani*ousl' ad?udged b' the participants and obser%ers to be abo%e board1 6or Justice Puno too= it upon hi*self to de%ice safeguards to pre%ent ta*pering &ith! and *ar=ing of! the ballots1 <hat the Court %ie&ed &ith considerable concern &as the reported electioneering and e3tra%agance that characteri;ed the ca*paign conducted b' the three candidates for president of the IBP1 I1 ME)IA ACC.@N0 .6 0(E E5EC0I.N CAMPAI9N1 E*il Jurado! in his colu*n "IBP 9roup 8uestions )rilon Election" (Manila /tandard! /unda'! June "A! "#$#)! 5uis Mauricio! in t&o successi%e colu*ns- "0he In%ertebrated Bar" (Mala'a! June ",! "#$#) and "0he )isintegrating Bar" (Mala'a! June +,! "#$#)! and 0eodoro 5ocsin Jr1 in an article! entitled "Pa*4Pa*" (0he Philippines 6ree Press! Jul' $!"#$#)! and the editorial! entitled B<rong 6oru*" of the )ail' 9lobe (June $! "#$#)! &ere unani*ousl' critical of the "%ote4bu'ing and pressure tactics" allegedl' e*plo'ed in the ca*paign b' the three principal candidates- Att's1 2ioleta C1 )rilon! Nereo Paculdo and Ra*on Nisce &ho reportedl' "poured heart! soul! *one' and influence to &in o%er the "+, IBP delegates1"

Mr1 Jurado *entioned the resent*ent of Att'1 )rilonBs ri%als &ho felt at a disad%antage because Att'1 )rilon allegedl' used PNB helicopters to %isit far4flung IBP chapters on the prete3t of distributing Biga' Puso donations! and she had the added ad%antage of ha%ing regional directors and labor arbiters of the )epart*ent of 5abor and E*plo'*ent (&ho had been granted lea%es of absence b' her husband! the 5abor /ecretar') ca*paigning for her1 JuradoBs infor*ants alleged that there &as ra*pant %ote4bu'ing b' so*e *e*bers of the @1P1 /ig*a Rho 6raternit' (/ecretar' )rilonBs fraternit')! as &ell as b' so*e la&'ers of ACCRA (Angara! Concepcion! Cru;! Regala and Abello 5a& .ffice) &here Mrs1 )rilon is e*plo'ed! and that go%ern*ent positions &ere pro*ised to others b' the office of the 5abor /ecretar'1 Mr1 Mauricio in his colu*n &rote about the sa*e *atters and! in addition! *entioned "tal= of personnel of the )epart*ent of 5abor! especiall' conciliators and e*plo'ers! notabl' Chinese 6ilipinos! gi%ing aid and co*fort to her (Att'1 )rilonBs) candidac'!" the billeting of out4of4to&n delegates in plush hotels &here the' &ere reportedl' "&ined and dined continuousl'! &o*ened and sub?ected to endless haggling o%er the price of their %otes 3 3 3" &hich allegedl' "ranged fro* PlC!,,, to P+,!,,,! and! on the da' of the election! so*e t&el%e to t&ent' %otes &hich &ere belie%ed crucial! appreciated to PC,!,,,1" In his second colu*n! Mr1 Mauricio *entioned "ho& a top official of the ?udiciar' allegedl' in%ol%ed hi*self in IBP politics on election da' b' closeting hi*self &ith ca*paigners as the' plotted their election strateg' in a roo* of the PICC (the Philippine International Con%ention Center &here the con%entionDelection &ere held) during a recess 3 3 31" Mr1 5ocsin in his colu*n and editorial substantiall' re4echoed MauricioBs reports &ith so*e e*bellish*ents1 II1 0(E C.@R0B/ )ECI/I.N 0. IN2E/0I9A0E1 Responding to the critical reports! the Court! in its en banc resolution dated June "C! "#$#! directed the outgoing and inco*ing *e*bers of the IBP Board of 9o%ernors! the principal officers and Chair*an of the (ouse of )elegates to appear before it on 0uesda'! June +,! "#$#! at +-,, oBcloc= p1*1! and there to infor* the Court on the %eracit' of the afore*entioned reports and to reco**end! for the consideration of the Court! appropriate approaches to the proble* of confir*ing and strengthening adherence to the funda*ental principles of the IBP1 In that resolution the Court "callEedF to *ind that a basic postulate of the Integrated Bar of the Philippines (IBP)! hea%il' stressed at the ti*e of its organi;ation and co**ence*ent of e3istence! is that the IBP shall be non4political in character and that there shall be no lobb'ing nor ca*paigning in the choice of *e*bers of the Board of 9o%ernors and of the (ouse of )elegates! and of the IBP officers! national! or regional! or chapter1 0he funda*ental assu*ption &as that officers! delegates and go%ernors &ould be chosen on the basis of professional *erit and &illingness and abilit' to ser%e1" 0he resolution &ent on to sa' that the "Court is deepl' disturbed to note that in connection &ith the election of *e*bers of the Board of 9o%ernors and of the (ouse of )elegates! there is a &idespread belief! based on reports carried b' *edia and trans*itted as &ell b' &ord of *outh! that there &as e3tensi%e and intensi%e ca*paigning b' candidates for IBP positions as &ell as e3penditure of considerable su*s of *one' b' candidates! including %ote4bu'ing! direct or indirect1"

0he %enerable retired /upre*e Court Justice and IBP President E*eritus! Jose B151 Re'es! attended the dialogue! upon in%itation of the Court! to gi%e counsel and ad%ice1 0he *eeting bet&een the Court en banc on the one hand! and the outgoing and in co*ing IBP officers on the other! &as an infor*al one1 0hereafter! the Court resol%ed to conduct a for*al in7uir' to deter*ine &hether the prohibited acts and acti%ities enu*erated in the IBP B'45a&s &ere co**itted before and during the "#$# elections of IBPBs national officers1 0he Court en banc for*ed a co**ittee and designated /enior Associate Justice Andres R1 Nar%asa! as Chair*an! and Associate Justices 0eodoro R1 Padilla! E*ilio A1 9anca'co! Abraha* 61 /ar*iento! and Carolina C1 9riGo4A7uino! as *e*bers! to conduct the in7uir'1 0he Cler= of Court! Att'1 )aniel Martine;! acted as the co**itteeBs Recording /ecretar'1 A total of fort'4nine (>#) &itnesses appeared and testified in response to subpoenas issued b' the Court to shed light on the conduct of the elections1 0he *anagers of three fi%e4star hotels the Philippine Pla;a! the ('att! and the (olida' Inn &here the three protagonists ()rilon! Nisce and Paculdo) allegedl' set up their respecti%e head7uarters and &here the' billeted their supporters &ere su**oned1 0he officer of the Philippine National Ban= and the Air 0ransport .ffice &ere called to enlighten the Court on the charge that an IBP presidential candidate and the *e*bers of her slate used PNB planes to ferr' the* to distant places in their ca*paign to &in the %otes of delegates1 0he Philippine Airlines officials &ere called to testif' on the charge that so*e candidates ga%e free air fares to delegates to the con%ention1 .fficials of the 5abor )epart*ent &ere also called to enable the Court to ascertain the truth of the reports that labor officials openl' ca*paigned or &or=ed for the election of Att'1 )rilon1 0he ne&spaper colu*nists! Messrs1 5uis Mauricio! Jesus Bigornia and E*il Jurado &ere subpoenaed to deter*ine the nature of their sources of infor*ation relati%e to the IBP elections1 0heir stories &ere based! the' said! on letters! phone calls and personal inter%ie&s &ith persons &ho clai*ed to ha%e =no&ledge of the facts! but &ho* the'! in%o=ing the Press 6reedo* 5a&! refused to identif'1 0he Co**ittee has since sub*itted its Report after recei%ing! and anal';ing and assessing e%idence gi%en b' such persons as &ere percei%ed to ha%e direct and personal =no&ledge of the rele%ant factsH and the Court! after deliberating thereon! has Resol%ed to accept and adopt the sa*e1 III1 PR.(IBI0E) AC0/ AN) PRAC0ICE/ @N)ER IBP BI45A</1 Article I! /ection > of the IBP B'45a&s e*phasi;es the "strictl' non4political" character of the Integrated Bar of the Philippines! thus"/EC1 >1 Non4political Bar1 J 0he Integrated Bar is strictl' non4political! and e%er' acti%it' tending to i*pair this basic feature is strictl' prohibited and shall be penali;ed accordingl'1 No la&'er holding an electi%e! ?udicial! 7uasi4 ?udicial! or prosecutor' office in the 9o%ern*ent or an' political subdi%ision or instru*entalit' thereof shall be eligible for election or appoint*ent to an' position in the Integrated Bar or an' Chapter thereof1 A )elegate! 9o%ernor! officer or e*plo'ee of the Integrated Bar! or an officer or e*plo'ee of an' Chapter thereof shall be considered ipso facto resigned fro* his position as of the *o*ent he files his certificate of candidac' for an' electi%e public office or accepts appoint*ent to an' ?udicial! 7uasi4?udicial! or prosecutor' office in the 9o%ern*ent or an' political subdi%ision or instru*entalit' thereof1 "B

/ection "> of the sa*e B'45a&s enu*erates the prohibited acts relati%e to IBP elections/EC1 ">1 Prohibited acts and practices relati%e to elections1 J 0he follo&ing acts and practices relati%e to election are prohibited! &hether co**itted b' a candidate for an' electi%e office in the Integrated Bar or b' an' other *e*ber! directl' or indirectl'! in an' for* or *anner! b' hi*self or through another person(a) )istribution! e3cept on election da'! of election ca*paign *aterialH (b) )istribution! on election da'! of election ca*paign *aterial other than a state*ent of the biodata of a candidate on not *ore than one page of a legal4 si;e sheet of paperH or causing distribution of such state*ent to be done b' persons other than those authori;ed b' the officer presiding at the electionsH (c) Ca*paigning for or against an' candidate! &hile holding an electi%e! ?udicial! 7uasi4?udicial or prosecutor' office in the 9o%ern*ent or an' political subdi%ision! agenc' or instru*entalit' thereofH (d) 6or*ation of tic=ets! single slates! or co*binations of candidates! as &ell as the ad%ertise*ent thereofH (e) 6or the purpose of inducing or influencing a *e*ber to &ithhold his %ote! or to %ote for or against a candidate! (") pa'*ent of the dues or other indebtedness of an' *e*berH (+) gi%ing of food! drin=! entertain*ent! transportation or an' article of %alue! or an' si*ilar consideration to an' personH or ( ) *a=ing a pro*ise or causing an e3penditure to be *ade! offered or pro*ised to an' person1" /ection "+(d) of the B'45a&s prescribes sanctions for %iolations of the abo%e rules(d) An' %iolation of the rules go%erning elections or co**ission of an' of the prohibited acts and practices defined in /ection "> prohibited Acts and Practices relati%e to elections) of the b'4la&s of the Integrated Bar shall be a ground for the dis7ualification of a candidate or his re*o%al fro* office if elected! &ithout pre?udice to the i*position of sanctions upon an' erring *e*ber pursuant to the B'4la&s of the Integrated Bar1 At the for*al in%estigation &hich &as conducted b' the in%estigating co**ittee! the follo&ing %iolations &ere established(") 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. 0he three candidates for IBP President )rilon! Nisce and Paculdo began tra%elling around the countr' to solicit the %otes of delegates as earl' as April "#$#1 @pon the in%itation of IBP President! 5eon 9arcia! Jr1 (t1s1n1! Jul' " !"#$#! p1 >)! the' attended the Bench and Bar dialogues held in Cotabato in April "#$# (t1s1n1! June +#! "#$#! p1 "+ )! in 0aga'ta' Cit'! Pa*panga! and in Baguio Cit' (during the conference of chapter presidents of Northern

5u;on (t1s1n1! Jul' !"#$#! p1 "" H t1s1n1! Jul' ",! p1 >"H t1s1n1! Jul' " ! p1 >A) &here the' announced their candidacies and *et the chapter presidents1 Att'1 Nisce ad*itted that he &ent around the countr' see=ing the help of IBP chapter officers! soliciting their %otes! and securing their &ritten endorse*ents1 (e personall' hand4 carried no*ination for*s and re7uested the chapter presidents and delegates to fill up and sign the for*s to for*ali;e their co**it*ent to his no*ination for IBP President1 (e started ca*paigning and distributing the no*ination for*s in March "#$# after the chapter elections &hich deter*ined the *e*bership of the (ouse of )elegates co*posed of the "+, chapter presidents (t1s1n1! June +#! "#$#! pp1 $+4$K)1 (e obtained fort' (>,) co**it*ents1 (e sub*itted photocopies of his no*ination for*s &hich read"No*ination 6or*

I Join in No*inating RAM.N M1 NI/CE as National President of the Integrated Bar of the Philippines

LLLLLLLLLLLLLL LLLLLLLLLLLLLLL Chapter /ignature" A*ong those &ho signed the no*ination for*s &ere- .nofre P1 0e?ada! Candido P1 Balbin! Jr1! Coni;ado 21 Posadas! 8uirico 51 8uirico Ernesto /1 /alun4at! 9loria C1 Agunos! .scar B1 Bernardo! 6eliciano 61 <'coco! A*or 51 Ibarra! Jose M1 Atien;a! Jose N1 Contreras! Ro*eo 01 Mendo;a! 5eo C1 Medialdea! Jr1! Paulino 91 Clarin! Julius M1 Neil! Roe* J1 Arbolado )e*ocrito M1 Pere;! Abelardo 6er*in! )iosdado B1 2illarin! Jr1! )aniel C1 Macaraeg! Confesor R1 /ansano )ionisio E1 Bala! Jr1! E*esto A1 A*ores! Ro*eo 21 Pefianco! Augurio C1 Pa*intuan! Atlee 01 2ira'! Ceferino C1 Cabanas! Jose /1 Buban! )iosdado M1 Relo?! Jr1! Cesar C1 2iola! .scar C1 6ernande;! Ricardo B1 0eruel Rodrigo R1 6lores! /i3to Marella! Jr1! Arsenio C1 2illalon! Renato 61 Ron7uillo! Antonio 91 Nalapo Ro*ualdo A1 )in Jr1! Jose P1 Icaonapo Jr1! and Manuel /1 Person1 Att'1 Nisce ad*itted that he reser%ed roo*s at the ('att (otel based on the co**it*ents he had obtained (t1s1n1! June +#! "#$#! pp1 $+4$C)1 @nfortunatel'! despite those for*al co**it*ents! he obtained onl' "> %otes in the election (t1s1n1! June +#! " #$#! p1 $K)1 0he reason! he said! is that1 so*e of those &ho had co**itted their %otes to hi* &ere "*anipulated! inti*idated! pressured! or re*unerated" (t1s1n1! June +#!"#$#! pp1 $K#CH E3hibit "M4>4Nisce!" t1s1n1! Jul' >! "#$#! pp1 ",,4" ,>)1 (+) @se of PNB plane in the ca*paign1

0he records of the Philippine National Ban= (E3hibit C4"4Crudo and E3hibit C4+4Crudo) sho& that /ecretar' 6ulgencio /1 6actoran! Jr1 of the )epart*ent of En%iron*ent : Natural Resources ()ENR) borro&ed a plane fro* the Philippine National Ban= for his Bicol C.R) (Cabinet .fficers for Regional )e%elop*ent) Assistant! @ndersecretar' Antonio 0ria1 0he plane *anifest (E3h1 C4+4Crudo) listed Att'1 2ioleta )rilon! Arturo 0usi (0iu)! Assistant /ecretar' for En%iron*ent and Natural Resources ()ENR) 0on' 0ria! Att'1 9lad's 0iongco! and A*' <ong1 E3cept for 0on' 0ria! the rest of the passengers &ere IBP candidates1 Att'1 )rilon ad*itted that she "hitched" a ride on a PNB plane1 /he said that she &as infor*ed b' Att'1 0iu about the a%ailabilit' of a PNB plane (t1s1n1! Jul' !"#$#! pp1 ""K4""$)1 Att'1 0iu! &ho ran for the position of IBP e3ecuti%e %ice4president in the )rilon tic=et! testified that so*eti*e in Ma' "#$# he failed to obtain boo=ing fro* the Philippine Airlines for the pro?ected trip of his group to Bicol1 (e &ent to the )ENR allegedl' to follo& up so*e papers for a client1 <hile at the )ENR! he learned that Assistant /ecretar' 0ria &as going on an official business in Bicol for /ecretar' 6ulgencio 6actoran and that he &ould be ta=ing a PNB plane1 As Assistant /ecretar' 0ria is his fraternit' brother! he as=ed if he! together &ith the )rilon group! could hitch a ride on the plane to Bicol1 (is re7uest &as granted1 0heir purpose in going to Bicol &as to assess their chances in the IBP elections1 0he )rilon co*pan' tal=ed &ith the IBP chapter presidents in )aet! Naga! and 5egaspi! and as=ed for their support (t1s1n1! Jul' ",! "#$#! pp1 C>#)1 Assistant /ecretar' Antonio /1 0ria confir*ed the use of a PNB plane b' Att'1 )rilon and her group1 (e recalled that on Ma' + !"#$#! )ENR /ecretar' 6actoran instructed hi* to go to Bicol to *onitor certain regional de%elop*ent pro?ects there and to sur%e' the effect of the t'phoon that hit the region in the *iddle of Ma'1 .n the sa*e da'! Att'1 0iu! a fraternit' brother (*eaning that 0iu belongs to the /ig*a Rho fraternit') &ent to the )ENR office and re7uested the /ecretar' (6actoran) if he (0iu) could be allo&ed to hitch a ride on the plane1 Assistant /ecretar' 0ria! together &ith the )rilon group &hich included Attorne's )rilon! 9rapilon! A*' <ong! 9lad's 0iongco! and 0iu! too= off at the )o*estic Airport bound for Naga! )aet and 5egaspi1 In 5egaspi the )rilon group had lunch &ith Att'1 2icente Real! Jr1! an IBP chapter president (t1s1n1! Jul' ",! "#$#! pp1 C>4K#)1 ( ) 6or*ation of tic=ets and single slates1 0he three candidates! Paculdo! Nisce and )rilon! ad*itted ha%ing for*ed their o&n slates for the election of IBP national officers on June ! "#$#1 Att'1 PaculdoBs slate consisted of J hi*self for PresidentH Bella )1 0iro! for E3ecuti%e 2ice4 PresidentH and for 9o%ernors- Justiniano P1 Corte; (Northern 5u;on)! .scar C1 6ernande; (Central 5u;on)! Mario C121 Jalandoni (9reater Manila)! Petronilo A1 de la Cru; (/outhern 5u;on)! 0eodorico C1 Al*ine! Jr1 (Bicolandia)! Ricardo B1 0eruel (<estern 2isa'as)! Porfirio P1 /i'angco (Eastern 2isa'as)! Jesus /1 Anonat (<estern Mindanao)! 9uerrero A1 Ada;a! Jr1 (Eastern Mindanao) (E3hibit M4Nisce)1 0he )rilon tic=et consisted of1 2ioleta C1 )rilon for President! Arturo 0iu for E3ecuti%e 2ice President! /al%ador 5ao for Chair*an of the (ouse of )elegates! and! for 9o%ernors- Basil Rupisan (Northern B5u;on)! Acong Atien;a (Central 5u;on)! A*' <ong (Metro Manila)! Jose 9rapilon (/outhern 0agalog)! 0eodoro Al*ine (Bicolandia)! Baldo*ero Esten;o (Eastern 2isa'as)! Joelito Barrera (<estern 2isa'as)! 9lad's 0iongco (Eastern Mindanao)! /i*eon )atu*anong (<estern Mindanao) (E3hibit M4"4Nisce)1

Att'1 Ra*on N1 NisceBs line4up listed hi*self and Confessor B1 /ansano Ben?a*in B1 Bernardino! Antonio 51 Nalapo Renato 61 Ron7uillo! 9loria C1 Agunos! Mario 2alderra*a! Candido P1 Balbin Jr1! .scar C1 6ernande;! Cesar 91 2iola! 5eo C1 Medialdea! Jr1! 2icente P1 0ordilla! Jr1! Jose /1 Buban! Joel A1 5losa! Jesus 01 Albacite and .scar 21 Badelles1 (>) 9i%ing free transportation to out4of4to&n delegates and alternates1 Att'1 Nisce ad*itted ha%ing bought plane tic=ets for so*e delegates to the con%ention1 (e *entioned .scar Badelles to &ho* he ga%e four round4trip tic=ets (&orth about P",!,,,) fro* Iligan Cit' to Manila and bac=1 Badelles &as a %oting delegate1 Nisce! ho&e%er! failed to get a &ritten co**it*ent fro* hi* because Att'1 Medialdea assured hi* (Nisce) "sigurado na B'an! hB&ag *o nang papir*ahin1" Badelles &on as sergeant4at4ar*s! not in NisceBs tic=et! but in that of )rilon1 Badelles ad*itted that Nisce sent hi* three airplane tic=ets! but he Badelles said that he did not use the*! because if he did! he &ould be co**itted to Nisce! and he Badelles did not &ant to be co**itted (t1s1n1! Jul' >!"#$#! pp1 AA4A#! #C4#K)1 Nisce also sent a plane tic=et to Att'1 Atilano! &ho &as his candidate! and another tic=et to Mrs1 5inda 5i* of Ma*boanga1 Records of the Philippine Airlines sho&ed that Att'1 Nisce paid for the plane tic=ets of 2icente Real! Jr1 (E3h1 )4"4Calica)! Ro*eo 6ortes (E3h1 )4"4 Calica)! Cesar Batica (E3h1 )4+4Calica)! Jose Buban of 5e'te (E3h1 )4+4Calica)! )elsanto Resuello (E3h1 )4 4 Calica)! and Ceferino Cabanas (E3h1 )4 4Calica)1 In spite of his efforts and e3pense! onl' one of NisceBs candidates &on- Renato Ron7uillo of Manila >! as /ecretar' of the (ouse of )elegates (t1s1n1 Jul' ! p1 "K")1 (C) 9i%ing free hotel acco**odations! food! drin=s! entertain*ent to delegates1 (a) A00I1 NERE. PAC@5). Att'1 Paculdo alleged that he boo=ed +> regular roo*s and three suites at the (olida' Inn! &hich ser%ed as his head7uarters1 0he +> roo*s &ere to be occupied b' his staff (*ostl' ladies) and the IBP delegates1 0he three suites &ere to be occupied b' hi*self! the officers of the Capitol Bar Association! and Att'1 Mario Jalandoni1 (e paid P"C,!,,, for the hotel bills of his delegates at the (olida' Inn! &here a roo* cost P##, per da' &ith brea=fast1 0hose listed as guests of Att'1 Paculdo at the (olida' Inn &ere- E*esto C1 Pere;! 0olo*eo 5igutan Judge Alfonso Co*bong! Ricardo Cali&ag! Antonio Bisnar! Benedicto Bala?adia! Jesus Castro! Restituto 2illanue%a! /erapio Cribe Juanita /ubia! 0eodorico J1 Al*ine! Rud' 9u*ban! Roe* Arbolado! Ricardo 0eruel! /hirle' Moises! Ra*on Roco! Alberto 0rinidad! 0eodoro 8uico' Manito 5ucero! 6red Cledera 2icente 0ordilla! Julian .ca*po! 6rancisco 6eli;*enio Mar%el Cla%ecilla! A*ador Capiral! Eufronio Maristela! Porfirio /i'angco! <illia* 5lanes! Jr1! Marciano Neri! 9uerrero Ada;a! )iosdado Peralta! 5uis C1 6or*ille;a! Jr1! )e*ocrito Pere;! Bruno 6lores! )ennis Rendon! Judge Ceferino Chan! Mario Jalandoni! Nenneth /iruelo Bella 0iro! Antonio /antos! 0iburcio Edano Ja*es 0an! Cesilo A1 Ada;a! 6rancisco Ro3as! Angelita 9acutan! Jesse Pi*entel! Judge Jai*e (a*o'! Jesus Anonat! Carlos Ega'! Judge Carlito Eis*a! Judge Jesus Carbon! Jo%en Mach! and Ben?a*in Padon1 Noel de 9u;*an! (olida' InnBs credit *anager! testified that Att'1 Paculdo boo=ed C+ (not +>) roo*s! including the presidential suite! &hich &as used as the /ecretariat1 0he group

boo=ings &ere *ade b' Att'1 9loria Paculdo! the &ife of Nereo Paculdo (t1s1n1 June +$! "#$#! pp1 K 4K$)1 0he total su* of P++A!"">1$# &as paid to (olida' Inn for the use of the roo*s1 (b) A00I1 2I.5E0A C1 )RI5.N 0he delegates and supporters of Att'1 )rilon &ere billeted at the Philippine Pla;a (otel &here her ca*paign *anager! Att'1 Renato Callanta! boo=ed >, roo*s! C of &hich &ere suites1 According to Ms1 2illanue%a! Philippine Pla;a ban7uet and con%entions *anager! the contract that Att'1 Callanta signed &ith the Philippine Pla;a &as *ade in the na*e of the "IBP cDo Att'1 Callanta1" Mrs1 5ourdes Juco! a sales *anager of the Philippine Pla;a! recalled that it &as Mr1 Mariano Benedicto &ho first ca*e to boo= roo*s for the IBP delegates1 /he suggested that he obtain a group (or discounted) rate1 (e ga%e her the na*e of Att'1 Callanta &ho &ould *a=e the arrange*ents &ith her1 Mr1 Benedicto turned out to be the Assistant /ecretar' of the )epart*ent of 5abor and E*plo'*ent ().5E)1 0he total su* of P "K!>""1C &as paid b' Att'1 Callanta for the roo*s! food! and be%erages consu*ed b' the )rilon group! &ith an unpaid balance of P ,+!"#A1 ,1 Per Attorne' )aniel Martine;Bs last telephone con%ersation &ith Ms1 2illanue%a! Att'1 Callanta still has an outstanding account of P+ +!A$+1KC at Philippine Pla;a1 Att'1 Callanta ad*itted that he signed the contract for >, roo*s at the Philippine Pla;a1 (e *ade a do&npa'*ent of P"+ !,,,1 (is "&or=ing sheetB sho&ed that the follo&ing persons contributed for that do&n pa'*ent-

(a) Nilo Pena (8uasha 5a& .ffice) (b) Antonio Carpio (c) 0oto 6errer (Carpio 5a& .ffice) (d) Ja' Castro (e) )ann' )een (f) Angangco 0an (Angara 5a& .ffice) (g) Alfonso Re'no (h) Cos*e Rossel

P +C!,,, +,!,,, ",!,,, ",!,,, +,!,,, ",!,,, +,!,,, "C! ,,

(t1s1n1 Jul' >! " #$#! pp1 4>) Att'1 Callanta e3plained that the abo%e listed persons ha%e been contributing *one' e%er' ti*e the IBP e*bar=s on a pro?ect1 0his ti*e! the' contributed so that their partners or associates could attend the legal aid se*inar and the IBP con%ention too1 Att'1 )rilon alleged that she did not =no& that Att'1 Callanta had billeted her delegates at the Philippine Pla;a1 /he allegedl' did not also =no& in &hose na*e the roo* she occupied &as registered1 But she did as= for a roo* &here she could rest during the con%ention1 /he ad*itted! ho&e%er! that she paid for her hotel roo* and *eals to Att'1 Callanta! through Att'1 5oan;on (t1s1n1 Jul' !"#$#)1 0he follo&ing &ere listed as ha%ing occupied the roo*s reser%ed b' Att'1 Callanta at the Philippine Pla;a- 2ioleta )rilon! 2ictoria A1 2erciles! 2ictoria C1 5oan;on! 5eopoldo A1 Consulto Ador 5ao! 2ictoria Borra! Ai*ee <ong! Callanta! Pena! 0iu! 9allardo! Acong Atien;a! )1 Bernardo! A*ores! /ilao Caingat! Manuel Iuson! /i*eon )atu*anong! Manuel Pecson! /i3to Marella! Joselito Barrera! Radon Macalalag! .scar Badelles! Antonio Ac'atan! Ildefonso C1 Puerto! Nestor Atien;a! 9il Batula Arra' Corot! )i*a=uta Corot Ro*eo 6ortes Ir%ing Petilla! 0eodoro Pal*a! 9il Pal*a! )anilo )een! )elsanto! Resuello! Araneta! 2icente Real! /'l%io Casuncad Espina! 9uerrero! Julius Neri! 5inda 5i*! Ben 5i*! C1 Batica! 5uis 6or*ille;a! 6eli3 Macalag Mariano Benedicto! Atilano! Araneta! Renato Callanta1 Att'1 Nilo Pena ad*itted that the 8uasha 5a& .ffice of &hich he is a senior partner! ga%e P+C!,,, to Callanta for roo*s at the Philippine Pla;a so that so*e *e*bers of his la& fir* could ca*paign for the )rilon group (t1s1n1 Jul' C!"#$#! pp1 AKA$) during the legal aid se*inar and the IBP con%ention1 Most of the *e*bers of his la& fir* are fraternit' brothers of /ecretar' )rilon (*eaning! *e*bers of the /ig*a Rho 6raternit')1 (e ad*itted being s'*pathetic to the candidac' of Att'1 )rilon and the *e*bers of her slate! t&o of &ho* Jose 9rapilon and /i*eon )atu*anong J are /ig*a Rhoans1 0he' consider Att'1 )rilon as a "sig*a rho sister!" her husband being a sig*a rhoan1 Att'1 Antonio Carpio! also a /ig*a Rhoan! reser%ed a roo* for the *e*bers of his o&n fir* &ho attended the legal aid se*inar and the con%ention1 (e *ade the reser%ation through Att'1 Callanta to &ho* he paid P+,!,,, (t1s1n1 Jul' K!"#$#! pp1 ,4 >)1 Att'1 Carpio assisted Att'1 )rilon in her ca*paign during the con%ention! b' soliciting the %otes of delegates he =ne&! li=e Att'1 Albacite his for*er teacher (but the latter &as alread' co**itted to Nisce)! and Att'1 Ro*' 6ortes! a class*ate of his in the @1P1 College of 5a& (t1 t1s1n1 Jul' K! "#$#! pp1 ++! +#! #)1 (c) A00I1 RAM.N NI/CE1 Att'1 Nisce! through his brother4in4la&! Ricardo Paras! entered into a contract &ith the ('att (otel for a total of +# roo*s plus one (") se%enth4floor roo*1 (e *ade a do&npa'*ent of P+,!,,, (t1s1n1 June +$! "#$#! p1 C$) on April +,! "#$#! and P A!K +1>C on Ma' ",! or a total of PCA!K +1>C1 Ms1 Cecile 6lores! Ms1 Milagros .ca*po! and Mr1 Ra*on Jacinto! the sales depart*ent *anager! credit *anager! and reser%ation *anager! respecti%el' of the ('att! testified that Att'1 NisceBs bill a*ounted to P+"K!"+A1A> (t1s1n1 June +$! "#$#! pp1 CA4C$H E3hibits E4 6lores! 64Jacinto 94.ca*po)1

As earlier *entioned! Att'1 Nisce ad*itted that he reser%ed roo*s for those &ho co**itted the*sel%es to his candidac'1 0he hotel guests of Att'1 Nisce &ere- 9loria Agunos )ennis (abanel B1 Batula! John E1 Asuncion! Re'naldo Cortes! 5ourdes /antos! El*er )atuin! Ro*ualdo )in! Antonio Nalapo! Israel )a*asco! Candido Balbin! /errano Balot! Ibarra! Joel 5losa! Eltanal! Ruperto! Asuncion! 81 Pilotin Re'*undo P1 9u;*an! Moilo Aguinaldo! Clarin! R1 Ron7uillo! )o*inador Carillo! 6ilo*eno Balinas! Ernesto /abulan! Iusop Pangadapun! A1 2ira'! Ica*po! Abelardo 6er*in! C1 8uiaoit! Augurio Pa*intuan! )aniel Macaraeg! .nofre 0e?ada1 (K) Ca*paigning b' labor officials for Att'1 2ioleta )rilon In %iolation of the prohibition against "ca*paigning for or against a candidate &hile holding an electi%e! ?udicial! 7uasi4?udicial! or prosecutor' office in the 9o%ern*entB (/ec1 ">EcF! Art1 I! IBP B'45a&s)! Mariano E1 Benedicto II! Assistant /ecretar'! )epart*ent of 5abor and E*plo'*ent! testified that he too= a lea%e of absence fro* his office to attend the IBP con%ention1 (e sta'ed at the Philippine Pla;a &ith the )rilon group ad*ittedl' to gi%e "so*e *oral assistance" to Att'1 2ioleta )rilon1 (e did so because he is a *e*ber of the /ig*a Rho 6raternit'1 <hen as=ed about the significance of /ig*a Rho! /ecretar' Benedicto e3plained- "More than the husband of Mrs1 )rilon being *' boss! the significance there is that the husband is *' brother in the /ig*a Rho1" (e cheered up Mrs1! )rilon &hen her spirits &ere lo&1 (e tal=ed to her i**ediate circle &hich included Art 0iu! 0on' Carpio! Nilo Pena! A*' <ong! Att'1 9rapilon! 2ictor 5a;atin! and Bo' Re'no1 0he' assessed the progress of the ca*paign! and *easured the strengths and &ea=nesses of the other groups 0he group had sessions as earl' as the later part of Ma'1 Roo* "">! the suite listed in the na*e of Assistant /ecretar' Benedicto toted up a bill of P+ !"", during the +4da' IBP con%entionDelection1 A total of "" phone calls (a*ounting to Pl! CK) &ere recorded as e*anating fro* his roo*1 .pposite Roo* "">! &as Roo* ""+! also a suite! listed in the na*es of Mrs1 )rilon! 9lad's 0iongco (candidate for 9o%ernor! Eastern Mindanao) and A*' <ong (candidate for 9o%ernor! Metro Manila)1 0hese t&o roo*s ser%ed as the "action centerB or "&ar roo*" &here ca*paign strategies &ere discussed before and during the con%ention1 It &as in these roo*s &here the supporters of the )rilon group! li=e Att's1 Carpio! Callanta! Benedicto! the 8uasha and the ACCRA la&'ers *et to plot their *o%es1 (A) Pa'ing the dues or other indebtedness of an' nu*ber (/ec1 ">EeF! IBP BI45a&s)1 Att'1 0eresita C1 /ison! IBP 0reasurer! testified that she has heard of candidates pa'ing the IBP dues of la&'ers &ho pro*ised to %ote for or support the*! but she has no &a' of ascertaining &hether it &as a candidate &ho paid the delin7uent dues of another! because the receipts are issued in the na*e of the *e*ber for &ho* pa'*ent is *ade (t1s1n1 June +$! "#$#! pp1 +>4+$)1 /he has noticed! though! that there is an upsurge of pa'*ents in March! April! Ma' during an' election 'ear1 0his 'ear! the collections increased b' P",,!,,, o%er that of last 'ear (a non4election 'ear fro* Pl!>" !>+C to Pl!C+>!$AC (t1s1n1 June +$! "#$#! p1 +C)1

($) )istribution of *aterials other than bio4data of not *ore than one page of legal si;e sheet of paper (/ec1 ">EaF! IBP B'45a&s)1 .n the con%ention floor on the da' of the election! Att'1 Paculdo caused to be distributed his bio4data and copies of a leaflet entitled "M' 8uest!" as &en as! the lists of his slate1 Att's1 )rilon and Nisce si*ilarl' distributed their tic=ets and bio4data1 0he ca*paign *aterials of Att'1 Paculdo cost fro* P"C!,,, to P+,!,,,1 0he' &ere printed b' his o&n printing shop1 (#) Causing distribution of such state*ent to be done b' persons other than those authori;ed b' the officer presiding at the election (/ec1 ">EbF! IBP B'45a&s)1 Att'1 Paculdo e*plo'ed unifor*ed girls to distribute his ca*paign *aterials on the con%ention floor1 Att'1 Carpio noted that there &ere *ore ca*paign *aterials distributed at the con%ention site this 'ear than in pre%ious 'ears1 0he election &as *ore heated and e3pensi%e (t1s1n1 Jul' K!"#$#! p1 #)1 Att'1 Ben?a*in Bernardino! the incu*bent President of the IBP Ri;al Chapter! and a candidate for chair*an of the (ouse of )elegates on NisceBs tic=et! testified that ca*paign *aterials &ere distributed during the con%ention b' girls and b' la&'ers1 (e sa& *e*bers of the ACCRA la& fir* ca*paigning for Att'1 )rilon (t1s1n1 Jul' !"#$#! pp1 ">+4">C)1 (",) Inducing or influencing a *e*ber to &ithhold his %ote! or to %ote for or against a candidate (/ec1 ">EeF! IBP BI45a&s)1 Att'1 Bernardino disclosed that his cousin! Att'1 Ro*eo Capulong! urged hi* to &ithdra& his candidac' for chair*an of the (ouse of )elegates and to run as %ice4chair*an in 2iol' )rilonBs slate! but he declined (t1s1n1 Jul' !"#$#! pp1 " A! ">#)1 Att'1 9loria Agunos personnel director of the ('att 0erraces (otel in Baguio and president of the Baguio4Benguet IBP Chapter! recalled that in the third &ee= of Ma' "#$#! after the 0ripartite *eet of the )epart*ent of 5abor : E*plo'*ent at the 9reen 2alle' Countr' Club in Baguio Cit'! she *et Att'1 )rilon! together &ith t&o labor officers of Region "! Att's1 6ilo*eno Balbin and Att'1 Mansala Att'1 )rilon solicited her (Att'1 AgunosB) %ote and in%ited her to sta' at the Philippine Pla;a &here a roo* &ould be a%ailable for her1 Att'1 Paculdo also tried to enlist her support during the chapter presidentsB *eeting to choose their no*inee for go%ernor for the Northern 5u;on region (t1s1n1 Jul' " !"#$#! pp1 > 4C>)1 Att'1 Nisce testified that a Manila Chapter > delegate! Marcial Magsino! &ho had earlier co**itted his %ote to Nisce changed his *ind &hen he &as offered a ?udgeship (0his state*ent! ho&e%er! is ad*ittedl' hearsa')1 <hen Nisce confronted Magsino about the alleged offer! the latter denied that there &as such an offer1 NisceBs infor*ant &as Antonio 91 Nalapo an IBP candidate &ho also &ithdre&1 Another Nisce candidate! Cesar 2iola! &ithdre& fro* the race and refused to be no*inated (t1s1n1 June +#! "#$#! p1 ",>)1 2icente P1 0ordilla &ho &as NisceBs candidate for 9o%ernor beca*e PaculdoBs candidate instead (t1s1n1 June +#! "#$#! p1 ",>)1 Nisce recalled that during the Bench and Bar )ialogue in Cotabato Cit'! Court Ad*inistrator 0iro &ent around sa'ing! "I a* not ca*paigning! but *' &ife is a candidate1" Nisce said that

the presidents of se%eral IBP chapters infor*ed hi* that labor officials &ere ca*paigning for Mrs1 )rilon (t1s1n1 June +#!"#$#! pp1 ",#4"",)1 (e *entioned Cion' de la Cerna! &ho allegedl' ca*paigned in 5a @nion (t1s1n1 June +#!"#$#!p1""") Att'1 Joel A1 5losa! NisceBs supporter and candidate for go%ernor of the <estern 2isa'as! e3pressed his disappoint*ent o%er the IBP elections because so*e delegates flip4flopped fro* one ca*p to another1 (e testified that &hen he arri%ed at the Manila )o*estic Airport he &as *et b' an assistant regional director of the ).5E &ho offered to bring hi* to the Philippine Pla;a! but he declined the offer1 )uring the legal aid se*inar! Att'1 )rilon in%ited hi* to transfer to the Philippine Pla;a &here a roo* had been reser%ed for hi*1 (e declined the in%itation (t1s1n1 Jul' >!"#$#! pp1 ",+4",K)1 Att'1 5losa said that &hile he &as still in )u*aguete Cit'! he alread' =ne& that the three candidates had their head7uarters in separate hotels- Paculdo! at the (olida' InnH )rilon! at the Philippine Pla;aH and Nisce! at the ('att1 (e =ne& about this because a &ee= before the elections! representati%es of Att'1 )rilon &ent to )u*aguete Cit' to ca*paign1 (e *entioned Att'1 Rodil Montebon of the ACCRA 5a& .ffice! acco*panied b' Att'1 Jul%e the Assistant Regional )irector of the )epart*ent of 5abor in )u*aguete Cit'1 0hese t&o! he said! offered to gi%e hi* t&o PA5 tic=ets and acco**odations at the Philippine Pla;a (t1s1n1 Jul' >!"#$#! pp1 ","4",>)1 But he declined the offer because he &as alread' co**itted to Att'1 Nisce1 Att'1 5losa also re%ealed that before he left for Manila on Ma' "! "#$#! a business*an! (enr' )'! approached hi* to con%ince hi* to %ote for Att'1 Paculdo1 But 5losa told )' that he &as alread' co**itted to Nisce1 (e did not recei%e an' plane tic=ets fro* Att'1 Nisce because he and his t&o co*panions (Att'1 Eltanal and Att'1 Ruperto) had earlier bought their o&n tic=ets for Manila (t1s1n1 Jul' >! "#$#! p1 ",")1 /@MMARI .6 CAMPAI9N EOPEN/E/ INC@RRE) BI 0(E CAN)I)A0E/ Att'1 Paculdo ad*itted ha%ing spent so*e P+C,!,,, during his three &ee=s of ca*paigning1 .f this a*ount! the Capitol Bar Association (of &hich he &as the chapter president) contributed about P"C,!,,,1 0he Capitol Bar Association is a %oluntar' bar association co*posed of 8ue;on Cit' la&'ers1 (e spent about P",,!,,, to defra' the e3penses of his trips to the pro%inces (Bicol pro%inces! Pa*panga! Abra! Mountain Pro%ince and Bulacan) (t1s1n1 June +#!"#$#! pp1 #4 ">)1 Att'1 NisceBs hotel bills at the ('att a*ounted to P+"K!"+A1A>1 0his does not include the e3penses for his ca*paign &hich began se%eral *onths before the June rd election! and his purchases of airplane tic=ets for so*e delegates1 0he records of the Philippine Pla;a (otel! head7uarters of Att'1 )rilonBs ca*p! sho&ed that her ca*paign rang up o%er PK,,!,,, in hotel bills1 Att'1 Callanta paid P "K!>""1C for the roo*s! food! and be%erage consu*ed b' Att'1 )rilonBs supporters! but still left an unpaid bill of P ,+!"#A1 , at con%entionBs end1

6IN)IN9/1 6ro* all the foregoing! it is e%ident that the *anner in &hich the principal candidates for the national positions in the Integrated Bar conducted their ca*paign preparator' to the elections on June ! "#$#! %iolated /ection "> of the IBP B'45a&s and *ade a tra%est' of the idea of a "strictl' non4political" Integrated Bar enshrined in /ection > of the B'45a&s1 0he setting up of ca*paign head7uarters b' the three principal candidates ()rilon! Nisce and Paculdo) in fi%e4star hotels- 0he Philippine Pla;a! the (olida' Inn and 0he ('att the better for the* to corral and entertain the delegates billeted thereinH the island hopping to solicit the %otes of the chapter presidents &ho co*prise the "+,4*e*ber (ouse of )elegates that elects the national officers and regional go%ernorsH the for*ation of tic=ets! slates! or line4ups of candidates for the other electi%e positions aligned &ith! or supporting! either )rilon! Paculdo or NisceH the procure*ent of &ritten co**it*ents and the distribution of no*ination for*s to be filled up b' the delegatesH the reser%ation of roo*s for delegates in three big hotels! at the e3pense of the presidential candidatesH the use of a PNB plane b' )rilon and so*e *e*bers of her tic=et to enable the* to "assess their chances" a*ong the chapter presidents in the Bicol pro%incesH the printing and distribution of tic=ets and bio4data of the candidates &hich in the case of Paculdo ad*ittedl' cost hi* so*e P"C!,,, to P+,!,,,H the e*plo'*ent of unifor*ed girls (b' Paculdo) and la&'ers (b' )rilon) to distribute their ca*paign *aterials on the con%ention floor on the da' of the electionH the gi%ing of assistance b' the @ndersecretar' of 5abor to Mrs1 )rilon and her groupH the use of labor arbiters to *eet delegates at the airport and escort the* to the Philippine Pla;a (otelH the gi%ing of pre4paid plane tic=ets and hotel acco**odations to delegates (and so*e fa*ilies &ho acco*panied the*) in e3change for their supportH the pirating of so*e candidates b' inducing the* to "hop" or "flipflop" fro* one tic=et to another for so*e ru*ored considerationH all these practices *ade a political circus of the proceedings and tainted the &hole election process1 0he candidates and *an' of the participants in that election not onl' %iolated the B'45a&s of the IBP but also the ethics of the legal profession &hich i*poses on all la&'ers! as a corollar' of their obligation to obe' and uphold the constitution and the la&s! the dut' to "pro*ote respect for la& and legal processes" and to abstain fro* Bacti%ities ai*ed at defiance of the la& or at lessening confidence in the legal s'ste*" (Rule "1,+! Canon "! Code of Professional Responsibilit')1 Respect for la& is gra%el' eroded &hen la&'ers the*sel%es! &ho are supposed to be *illions of the la&! engage in unla&ful practices and ca%alierl' brush aside the %er' rules that the IBP for*ulated for their obser%ance1 0he unsee*l' ardor &ith &hich the candidates pursued the presidenc' of the association detracted fro* the dignit' of the legal profession1 0he spectacle of la&'ers bribing or being bribed to %ote one &a' or another! certainl' did not uphold the honor of the profession nor ele%ate it in the publicBs estee*1 0he Court notes &ith gra%e concern &hat appear to be the e%asions! denials and outright pre%arications that tainted the state*ents of the &itnesses! including to*e of the candidates! during the initial hearing conducted b' it before its fact4finding co**ittee &as created1 0he subse7uent in%estigation conducted b' this Co**ittee has re%ealed that those parties had been less than candid &ith the Court and see* to ha%e conspired a*ong the*sel%es to decei%e it or at least &ithhold %ital infor*ation fro* it to conceal the irregularities co**itted during the ca*paign1 C.NC5@/I.N/1

It has been *entioned &ith no little insistence that the pro%ision in the "#$A Constitution (/ee1 $! Art1 2III) pro%iding for a Judicial and Bar Council co*posed of se%en (A) *e*bers a*ong &ho* is "a representati%e of the Integrated Bar!" tas=ed to participate in the selection of no*inees for appoint*ent to %acant positions in the ?udiciar'! *a' be the reason &h' the position of IBP president has attracted so *uch interest a*ong the la&'ers1 0he *uch co%eted "po&er" erroneousl' percei%ed to be inherent in that office *ight ha%e caused the corruption of the IBP elections1 0o i*press upon the participants in that electoral e3ercise the seriousness of the *isconduct &hich attended it and the stern disappro%al &ith &hich it is %ie&ed b' this Court! and to restore the non4political character of the IBP and reduce! if not entirel' eli*inate! e3pensi%e electioneering for the top positions in the organi;ation &hich! as the recentl' concluded elections re%ealed! spa&ned unethical practices &hich seriousl' di*inished the stature of the IBP as an association of the practitioners of a noble and honored profession! the Court hereb' .R)ER/"1 0he IBP elections held on June !"#$# should be as the' are hereb' annulled1 +1 0he pro%isions of the IBP B'45a&s for the direct election b' the (ouse of )elegates (appro%ed b' this Court in its resolution of Jul' #! "#$C in Bar Matter No1 +$A) of the follo&ing national officers(a) the officers of the (ouse of )elegatesH (b) the IBP presidentH and (c) the e3ecuti%e %ice4president! be repealed! this Court being e*po&ered to a*end! *odif' or repeal the B'45a&s of the IBP under /ection AA! Art1 OI of said B'45a&s1 1 0he for*er s'ste* of ha%ing the IBP President and E3ecuti%e 2ice4President elected b' the Board of 9o%ernors (co*posed of the go%ernors of the nine E#" IBP regions) fro* a*ong the*sel%es (as pro%ided in /ec1 >A! Art1 2II! .riginal IBP B'45a&s) should be restored1 0he right of auto*atic succession b' the E3ecuti%e 2ice4President to the presidenc' upon the e3piration of their t&o4'ear ter* (&hich &as abolished b' this CourtBs resolution dated Jul' #!"#$C in Bar Matter No1 +$A) should be as it is hereb' restored1 >1 At the end of the PresidentBs t&o4'ear ter*! the E3ecuti%e 2ice4President shall auto*aticall' succeed to the office of president1 0he inco*ing board of go%ernors shall then elect an E3ecuti%e 2ice4President fro* a*ong the*sel%es1 0he position of E3ecuti%e 2ice4 President shall be rotated a*ong the nine (#) IBP regions1 .ne &ho has ser%ed as president *a' not run for election as E3ecuti%e 2ice4President in a succeeding election until after the rotation of the presidenc' a*ong the nine (#) regions shall ha%e been co*pletedH &hereupon! the rotation shall begin ane&1 C1 /ection >A of Article 2II is hereb' a*ended to read as follo&s/ection >A1 National .fficers1 J 0he Integrated Bar of the Philippines shall ha%e a President and E3ecuti%e 2ice4President to be chosen b' the Board of 9o%ernors fro* a*ong nine (#) regional go%ernors! as *uch as practicable! on a rotation basis1 0he go%ernors shall be ex oficio 2ice4President for their respecti%e regions1 0here shall also be a /ecretar' and 0reasurer of the

Board of 9o%ernors to be appointed b' the President &ith the consent of the Board1 K1 /ection (b)! Art1 2! IBP B'45a&s! is hereb' a*ended as follo&s(b) 0he President and E3ecuti%e 2ice President of the IBP shall be the Chair*an and 2ice4Chair*an! respecti%el'! of the (ouse of )elegates1 0he /ecretar'! 0reasurer! and /ergeant4at4Ar*s shall be appointed b' the President &ith the consent of the (ouse of )elegates1B A1 /ection (g) of Article 2 pro%iding for the positions of Chair*an! 2ice4Chair*an! /ecretar'40reasurer and /ergeant4at4 Ar*s of the (ouse of )elegates is hereb' repealed $1 /ection A! Article 2I is hereb' a*ended to read as follo&s/ection A1 Co*position of the Board1 J 0he Integrated Bar of the Philippines shall be go%erned b' a Board of 9o%ernors consisting of nine (#) 9o%ernors fro* the nine (#) regions as delineated in /ection of the Integration Rule! on the representation basis of one (") 9o%ernor for each region to be elected b' the *e*bers of the (ouse of )elegates fro* that region onl'1 0he position of 9o%ernor should be rotated a*ong the different Chapters in the region1 #1 /ection #! Article 2 is hereb' a*ended as follo&s/ection #1 No*ination and election of the 9o%ernors at least one (") *onth before the national con%ention the delegates fro* each region shall elect the go%ernor for their region! the choice of &hich shall as *uch as possible be rotated a*ong the chapters in the region1 ",1 /ection (a)! Article 2 hereb' is a*ended b' addingthe follo&ing pro%ision as part of the first paragraphNo con%ention of the (ouse of )elegates nor of the general *e*bership shall be held prior to an' election in an election 'ear1 ""1 /ection #! (a)! (b)! (")! (+)! ( )! (>)! (C)! (K)! and (A) of Article 2I should be as the' are hereb' deleted1 All other pro%isions of the B'45a&s including its a*end*ent b' the Resolution en banc of this Court of Jul' #! "#$C (Bar Matter No1 +$A) that are inconsistent here&ith are hereb' repealed or *odified1 "+1 /pecial elections for the Board of 9o%ernors shall be held in the nine (#) IBP regions &ithin three ( ) *onths! after the pro*ulgation of the CourtBs resolution in this case1 <ithin thirt' ( ,) da's thereafter! the Board of 9o%ernors shall *eet at the IBP Central .ffice in Manila to elect fro* a*ong the*sel%es the IBP national president and e3ecuti%e %ice4 president1 In these special elections! the candidates in the election of the national officers held on June !"#$#! particularl' identified in /ub4(ead of this Resolution entitled "6or*ation of 0ic=ets and /ingle /lates!" as &ell as those identified in this Resolution as

connected &ith an' of the irregularities attendant upon that election! are ineligible and *a' not present the*sel%es as candidate for an' position1 " 1 Pending such special elections! a careta=er board shall be appointed b' the Court to ad*inister the affairs of the IBP1 0he Court *a=es clear that the dispositions here *ade are &ithout pre?udice to its adoption in due ti*e of such further and other *easures as are &arranted in the pre*ises1 /. .R)ERE)1 Narvasa, elencio-Herrera, !ru", Paras, #eliciano, Gancayco, Padilla. Bidin, $armiento, !ortes, Gri%o-&'uino and (egalado, ))., concur. #ernan, !.). and edialdea, )., too* no part.

Gutierre", )r., )., is on leave.

Republic of the Philippines SUPREME COURT Manila EN BANC July 30, 196 !"R" No" #$%&&3' ROSAURO PARAGAS, petitione(, )s" FERNANDO A. CRUZ, Judge of the Court of First I st! "e of C!#oo"! Cit$% T&E CIT' FISCA( OF CA(OOCAN CIT' ! d E(PO )E( POR*ENIR RU++ER PRODUCTS, INC.,, (espon*ents RESO(UTION RE'ES, J.+.(., J.: +n as,in- fo( (econsi*e(ation of this Cou(t.s *is/issal of his petition fo( certiorari in the abo)e$entitle* case, Atty" Je(e/ias 0" 1ebastian, actin- as counsel de parte fo( petitione( Rosau(o Pa(a-as, state* the follo2in- in his 2(itten /otion, file* on May %%, 196 3

40he petitione( (espectfully p(ays fo( a (econsi*e(ation of the (esolution of this 5ono(able Cou(t *ate* Ap(il %0, 196 on the -(oun* that it constitutes a )iolation of 1ection 1& of Rule 11% of the Rules, of Cou(t p(o/ul-ate* by this )e(y 5on" 1up(e/e Cou(t, an* on the fu(the( -(oun* that it is li,e2ise a violation of the most important right in the Bill of Rights of the Constitution of the Philippines, a culpable violation which is a ground for impeachment "4 """ " 0he (ule of la2 in a *e/oc(acy shoul* al2ays be uphel* an* p(otecte* by all /eans, because the (ule of la2 c(eates an* p(ese()es peace an* o(*e( an* -i)es satisfaction an* content/ent to all conce(ne*" But when the laws and the rules are violated, the victims resort, sometimes, to armed force and to the ways of the cave-men! We do not want Verzosa and Reyes repeated a-ain an* a-ain, killed in the premises of the upreme !ourt and in those of the !ity "all of #anila" E*ucate* people shoul* ,eep thei( te/pe( un*e( cont(ol at all ti/es6 But 7ustice shoul* be *one to all conce(ne* to pe(petuate the )e(y life of 8e/oc(acy on the face of the ea(th"4 Consi*e(in- the fo(e-oin- e9p(essions to be *e(o-ato(y to its *i-nity, this Cou(t, by Resolution of June %, 196 , afte( :uotin- sai* state/ents (e:ui(e* Atty" 1ebastian to sho2 cause 2hy a*/inist(ati)e action shoul* not be ta,en a-ainst hi/" ;n June 1', 196 , counsel file* an 4e9planato(y /e/o(an*u/,4 statin-3 <hen 2e sai* that the sai* )iolation is a -(oun* fo( i/peach/ent, the un*e(si-ne* *i* not say that he 2oul* file i/peach/ent p(ocee*in-s a-ainst the Justices 2ho suppo(te* the (esolution" <e sai* only 2hat 2e sai*" 0he tas, of i/peachin- the hi-hest Justices in this count(y is ob)iously not the tas, fo( a co//on /an, li,e the un*e(si-ne*= it is a he(culean tas, 2hich only e9ceptional /en, li,e >loo( #ea*e( Jose #au(el J(", can *o" +n a**ition to this, 2e *o not ha)e the ti/e, the /eans an* the st(en-th fo( this pu(pose" 0he asse(tion that $But when the laws and the rules are violated, the victims resort, sometimes, to armed force and to the ways of the cave-men! We do not want Verzosa and Reyes repeated again and again, killed in the premises of the

upreme !ourt and in those of the !ity "all of #anila,$ is only a state/ent of fact an* of ou( 2ish" <e lea(n f(o/ obse()ation that 2hen the la2s an* the (ules a(e )iolate*, the )icti/s, so/eti/es, (eso(t to a(/e* fo(ce an* to the 2ays of the ca)e/en, as sho2n in the case of #uis M" 0a(uc an* in the case of Jesus #a)a, both of 2ho/ 2ent to the /ountains 2hen they 2e(e not allo2e* to ta,e thei( seats in the 5ouse of Rep(esentati)es an*, acco(*in- to the ne2spape(s, one 2as cha(-e* 2ith /u(*e( an* 2as foun* -uilty" +t 2as only (ecently that Jesus #a)a su((en*e(e* to the autho(ities" <e ha* this sa* (ecollection 2hen 2e 2(ote the un*e(line* passa-e /entione* in this pa(a-(aph" <hile 2(itin- that BR+E> M;0+;N >;R REC;N1+8ERA0+;N, the thou-ht of ?e(@osa an* Reyes flashe* ac(oss the /in* of the un*e(si-ne* as the shootin- of those t2o -o)e(n/ent e/ployees /ust ha)e (esulte* f(o/ so/e ,in* of *issatisfaction 2ith thei( actuations 2hile in office" <e state* o( the un*e(si-ne* state* that 2e a(e a-ainst the (epetition of these abo/inable acts that su(ely *istu(be* the peace an* o(*e( of the co//unity" 1hall the un*e(si-ne* be punishe* by this 5ono(able 1up(e/e Cou(t only fo( tellinthe t(uth, fo( tellin- 2hat happene* befo(e in this Count(yA ;u( state/ent is clea( an* un/ista,able, because 2e state* 4<e *o not 2ant ?e(@osa an* Reyes (epeate* """4 0he intention of the un*e(si-ne* is li,e2ise clea( an* un/ista,able= he is a-ainst the (epetition of these acts of sub)e(sion an* hate6 <e fin* the e9planations sub/itte* to be unsatisfacto(y" 0he e9p(essions containe* in the /otion fo( (econsi*e(ation, p(e)iously :uote*, a(e plainly conte/ptuous an* *is(espectful, an* (efe(ence to the (ecent ,illin- of t2o e/ployees is but a co)e(t th(eat upon the /e/be(s of the Cou(t" 0hat such th(eats an* *is(espectful lan-ua-e containe* in a plea*in- file* in Cou(ts a(e constituti)e of *i(ect conte/pt has been (epeate*ly *eci*e* B1alce*o )s" 5e(nan*e@, 61 Phil. 724= People )s" ?a(tu(an@a % ;ff" !a@" C693 Me*ina )s" Ri)e(a, 66 Phil. 151= 8e Joya )s" Cou(t of >i(st +nstance of Ri@al, #$ 9C' , 1ept" 19, 19 6= 1ison )s" 1an*e7as, #$9%C0, Ap(il %9, 19 9= #ualhati )s" Albe(t, 57 Phil. 86D" <hat /a,es the p(esent case /o(e *eplo(able is that the

-uilty pa(ty is a /e/be( of the ba(= fo(, as (e/a(,e* in %eople vs& !arillo, CC Phil" '0 E Counsel shoul* con*uct hi/self to2a(*s the 7u*-es 2ho t(y his cases 2ith that cou(tesy all ha)e a (i-ht to e9pect" As an office( of the cou(t, it is his s2o(n an* /o(al *uty to help buil* an* not *est(oy unnecessa(ily that hi-h estee/ an* (e-a(* to2a(*s the cou(ts so essential to the p(ope( a*/inist(ation of 7ustice" +t is (i-ht an* plausible that an atto(ney, in *efen*in- the cause an* (i-hts of his client, shoul* *o so 2ith all the fe()o( an* ene(-y of 2hich he is capable, but it is not, an* ne)e( 2ill be so, fo( hi/ to e9e(cise sai* (i-ht by (eso(tin- to inti/i*ation o( p(ocee*in- 2ithout the p(op(iety an* (espect 2hich the *i-nity of the cou(ts (e:ui(e" B1alce*o )s" 5e(nan*e@, F+n (e >(anciscoG, 61 Phil" C%9D Counsel.s *isa)o2al of any offensi)e intent is of no a)ail, fo( it is a 2ell$ ,no2n an* establishe* (ule that *efa/ato(y 2o(*s a(e to be ta,en in the o(*ina(y /eanin- attache* to the/ by i/pa(tial obse()e(s" A /e(e *isclai/e( of any intentional *is(espect by appellant is no -(oun* fo( e9one(ation" 5is intent /ust be *ete(/ine* by a fai( inte(p(etation of the lan-ua-es by hi/ e/ploye*" 5e cannot escape (esponsibility by clai/in- that his 2o(*s *i* not /ean 2hat any (ea*e( /ust ha)e un*e(stoo* the/ as /eanin-" B+n (e >(anco, 6C Phil" 313D <5ERE>;RE, Atty" Je(e/ias 0" 1ebastian is he(eby foun* -uilty of *i(ect conte/pt, an* sentence* to pay a fine of P%00"00 2ithin ten *ays f(o/ notice he(eof, o(, in case of *efault, to suffe( i/p(ison/ent not e9cee*in- ten B10D *ays" An* he is 2a(ne* that a subse:uent (epetition of the offense 2ill be /o(e *(astically *ealt 2ith" Bengzon, !&'&, Bautista (ngelo, !oncepcion, %aredes, )izon, Regala, #akalintal, Bengzon, '&%&, and *aldivar, ''&, concur& Barrera, '&, is on leave&