Facts:

The case involves Atty. Aileen R. Maglana as the complainant and Atty. Jose Vicente R. Opinion as the respondent. The events leading to the case unfolded on May 25, 2013, when thirteen delegates from the Integrated Bar of the Philippines (IBP) Eastern Visayas Region convened at the Session Hall of the Regional Trial Court, Branch 24, in Maasin, Leyte, to elect a Governor for the 2013-2015 term. The outgoing Governor, Atty. Manuel Enage, Jr., presided over the election. During the proceedings, Atty. Maglana, the incumbent President of the IBP Samar Chapter, was nominated for the position. She argued that only the IBP Samar Chapter was qualified to be voted upon for the governorship, citing the rotation rule established under Bar Matter No. 491, which indicated that since 1989, the Samar Chapter had not served as Governor.

Atty. Opinion, representing the IBP Eastern Samar Chapter, contested this claim, stating that he had sought clarification from the IBP regarding his eligi...

Facts:

1. Background of the Case:
   Atty. Aileen R. Maglana, President of the Integrated Bar of the Philippines (IBP) Samar Chapter, filed an appeal against the June 7, 2013 decision of the IBP Board of Governors (BOG). The BOG had granted the election protest of Atty. Jose Vicente R. Opinion, declaring him eligible to run for Governor of IBP Eastern Visayas for the 2013-2015 term, annulling Atty. Maglana’s proclamation, and proclaiming Atty. Opinion as the duly elected Governor.

2. Election Proceedings:
   On May 25, 2013, delegates from the IBP Eastern Visayas Region convened to elect the Governor. Atty. Maglana, representing IBP Samar Chapter, was nominated along with Atty. Opinion, representing IBP Eastern Samar Chapter. Atty. Maglana argued that IBP Samar Chapter was the only qualified chapter to field a candidate under the rotation rule, as it was the only chapter that had not served as Governor since 1989.

3. Claims and Counterclaims:
   Atty. Opinion claimed that IBP Samar Chapter had waived its turn in the rotation cycle by not fielding a candidate in previous elections. He also argued that the rotation rule had not been strictly followed, as some chapters had elected Governors more than once.

4. Protest and BOG Decision:
   Atty. Opinion filed an election protest with the IBP BOG, which ruled in his favor, declaring him the duly elected Governor. The BOG found that IBP Samar Chapter had waived its turn in the rotation cycle and that the first rotation cycle had been completed in 2007.

Issue:

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Ruling:

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Ratio:

1. Rotation Rule and Its Application:
   The rotation rule under Section 39 of the IBP By-Laws mandates that the governorship of a region shall rotate once in as many terms as there are chapters in the region. The rule is not absolute and is subject to waiver if a chapter opts not to field or nominate a candidate.

2. Waiver of Turn in Rotation:
   A chapter may waive its turn in the rotation cycle by not fielding a candidate or by failing to challenge the nominations of candidates from chapters that have already had their turn. The chapter that waives its turn may reclaim its right to the governorship at any time before the rotation cycle is completed.

3. Completion of Rotation Cycle:
   The rotation cycle is deemed completed once all chapters have had their turn in the rotation, even if some chapters were represented more than once. The cycle does not require every chapter to have served as Governor for it to be considered complete.

4. Validity of Election Results:
   A validly nominated candidate who obtains the highest number of votes in an election deserves to be respected unless the election was obtained through fraud. In this case, Atty. Opinion’s election was valid as he garnered the majority of votes.

Dissenting Opinion

Justice Velasco dissented, arguing that the first rotation cycle in IBP Eastern Visayas had not been completed because IBP Samar Chapter had never been represented as Governor. He also argued that IBP Samar Chapter did not waive its turn in the rotation cycle, as there was no clear or unequivocal waiver. Justice Velasco concluded that IBP Samar Chapter was the only qualified chapter to field a candidate for Governor in the 2013-2015 term and that Atty. Maglana should be declared the duly elected Governor.

Recommendations

Justice Velasco recommended amendments to the IBP By-Laws to establish a clear sequence for the rotation of the governorship, require written waivers, and prevent any chapter from electing a Governor for more than one term in a rotation cycle.