A.M. No. 09-5-2-SC, A.C. No. 8292

Case Summary (A.M. No. 09-5-2-SC, A.C. No. 8292)

Issues Referred to the Special Committee

The Special (Investigating) Committee was charged to investigate and report on: (1) the proper interpretation of Section 31, Article V of the IBP By-Laws concerning chapter delegates and who may be elected as additional delegates/alternates by chapter boards; (2) the validity of the elections of regional Governors for the Greater Manila Region (GMR), Western Visayas, and Western Mindanao for the 2009‑2011 term; (3) the validity of the election of the IBP Executive Vice President (EVP) for 2009‑2011; and (4) the merits of an administrative complaint alleging grave professional misconduct and related charges against EVP Rogelio Vinluan and certain Governors.

Procedural Background and Parties’ Submissions

Following creation of the Special Committee, the parties submitted position papers and attended hearings. The Committee considered documentary evidence and testimony concerning chapter delegate determinations, chapter resolutions, the sequence of meetings and resolutions by competing BOG factions (the Bautista group and the Vinluan group), election results of April 25, 2009 and the subsequent disputed proceedings (special meetings, special elections, and the May 9, 2009 EVP elections).

Special Committee’s Principal Findings and Recommended By‑Laws Amendments

The Special Committee’s Report (dated July 9, 2009) made extensive findings and recommended specific amendments to remove ambiguities in the IBP By‑Laws. Key recommended amendments (summarized) included: clarifying Section 31 (membership of House of Delegates and method for selecting additional delegates and alternates); amending Section 33(g) to clarify voting by the President/EVP in the House of Delegates; amending Section 42 on Board meetings and voting by the President/EVP; narrowing Section 43 to disallow action‑by‑resolution without meeting in the context of elections and election protests; incorporating a mandatory (strict) rotation rule for regional governorships into Section 39, with rules on waiver and reclamation; amending Section 47 to emphasize strict rotation for selection of EVP and to provide a sanction (annulment and disqualification) for violation of the rotation rule. The Committee also recommended that a special election be held for EVP with strict observance of rotation between Western Visayas and Eastern Mindanao for 2009‑2011, and that certain contested regional governorship results be corrected or remediated.

Special Committee’s Findings on Delegate Qualification and Rotation Rule

The Committee concluded that the disputed interpretation of Section 31, Article V was the root of the conflicts. The Committee found that the Bautista group’s April 17, 2009 resolution (requiring additional delegates to be chosen only from among remaining duly elected officers of a chapter) was consistent with historical practice and Section 31, and that the Vinluan group’s April 23, 2009 resolution (allowing additional delegates to be elected from the chapter’s general membership) was erroneous. The Committee repeatedly emphasized the mandatory nature of the rotation rule for regional governorships, citing the Court’s prior ruling in Bar Matter No. 586 (May 14/16, 1991) that rotation be strictly implemented.

Special Committee Conclusions on Regional Elections and EVP

The Committee recommended: (a) declaring Atty. Manuel M. Maramba (Manila III) as duly elected Governor, Greater Manila Region (2009‑2011); (b) declaring Atty. Erwin M. Fortunato (Romblon) as duly elected Governor, Western Visayas (2009‑2011); (c) ordering a special election for Governor, Western Mindanao (limited to chapters that had not yet served in the rotation); (d) ordering a special election for EVP under strict rotation principles (between Western Visayas and Eastern Mindanao for 2009‑2011); and (e) finding that EVP Vinluan and his group of Governors engaged in high‑handed, divisive, and unlawful tactics constituting grave professional misconduct.

Supreme Court Majority: Adoption of Committee Recommendations (General)

The Court, acting En Banc and applying the IBP By‑Laws and relevant precedents under the 1987 Constitution, adopted large portions of the Special Committee’s Report and recommendations. The Court agreed with the Committee as to the need to clarify By‑Laws provisions and to adopt the proposed amendments intended to remove ambiguities and strengthen safeguards against abuses in election procedures. The Court also adopted the Committee’s factual findings upholding certain regional elections and its findings concerning the divisive conduct of EVP Vinluan and the five‑member Vinluan group of Governors.

Supreme Court Rulings Upholding Specific Regional Elections and Modifying Committee Recommendation on Western Mindanao

The Court expressly upheld the April 25, 2009 elections and declared valid the elections of Attys. Manuel M. Maramba (Greater Manila Region) and Erwin M. Fortunato (Western Visayas) as Governors for 2009‑2011. Concerning Western Mindanao, the Court diverged from the Committee: whereas the Committee recommended nullifying the April 25 result and ordering a special election, the Court ruled that Atty. Nasser A. Marohomsalic (Lanao del Sur) had been validly nominated and duly proclaimed on April 25, 2009 and that his election should be upheld. The Court reasoned that the other chapters in the rotation order had not fielded candidates or invoked the rotation rule, and their inaction constituted waiver of their rotational entitlement; the Court held the rotation rule subject to waiver and that a validly nominated candidate who obtains the highest number of votes deserves to assume office unless fraud is shown.

Supreme Court Ruling on EVP Election and Order for Special EVP Election

The Court held that the separate and competing EVP elections of May 9, 2009 were tainted and that the orderly resolution required a single, unified election conducted by the nine‑member Board of Governors. The Court ordered a special election for IBP Executive Vice President for the 2009‑2011 term to be held under the supervision of the Court and presided over by the Court‑designated Officer‑in‑Charge, Justice Santiago M. Kapunan (Ret.), within seven days from notice. The Court expressly allowed Attys. Maramba, Fortunato and Marohomsalic to sit and vote as duly elected Governors in that special EVP election.

Disciplinary Findings and Remedies Against Vinluan and Co‑Governors

The Court sustained the Committee’s finding that the conduct of Atty. Rogelio A. Vinluan and his group (Attys. Abelardo Estrada, Bonifacio Barandon, Jr., Evergisto Escalon and Raymund Mercado) was “high‑handed and divisive,” caused chaos and discord in the IBP, and constituted grave professional misconduct. The Court disqualified those five lawyers from running as national officers of the IBP in any subsequent election. The Court declared Atty. Vinluan unfit to assume the IBP presidency for 2009‑2011 (i.e., he was barred from succeeding to the presidency) and ordered that he and the named Governors be precluded from candidacy for national IBP office going forward. The Court noted that the terms of some of the disciplined Governors had already expired and thus their prior elections could not be annulled retroactively, but imposed prospective disqualification from national office.

Adoption of By‑Laws Amendments and Institutional Reforms

The Court approved and adopted the Committee’s proposed amendments to Sections 31 and 33(g), Article V; Sections 39, 42 and 43, Article VI; and Section 47, Article VII of the IBP By‑Laws as set out in the Committee’s Report. The amendments are intended to: clarify who may be delegates and how additional delegates/alternates are chosen; limit presidential and EVP voting to tie‑breaking only in certain fora; strengthen quorum and meeting rules; exclude use of action‑by‑resolution without meeting in the context of elections and election protests; and codify rotation rules for selection of Governors and EVP with sanctions for violation.

Orders, Supervisory Measures, and Transitional Arrangements

The Court ordered: (1) that the elections of Attys. Manuel M. Maramba, Erwin M. For

Case Syllabus (A.M. No. 09-5-2-SC, A.C. No. 8292)

Case caption, nature and procedural posture

En Banc resolution of the Supreme Court reported at 652 Phil. 398, styled as an administrative matter A.M. No. 09-5-2-SC and related to A.C. No. 8292.
Matter described as “In the matter of the brewing controversies in the election in the Integrated Bar of the Philippines.”
Complainants: Attys. Marcial M. Magsino, Manuel M. Maramba and Nasser Marohomsalic.
Respondents: Attys. Rogelio A. Vinluan, Abelardo C. Estrada, Bonifacio T. Barandon, Jr., Evergisto S. Escalon and Raymund Jorge A. Mercado.
Final resolution signed by Chief Justice Corona; certain justices concurred, some did not participate, and Justice Velasco, Jr. filed a dissenting opinion.

Background — creation of Special (Investigating) Committee and scope

On June 2, 2009, the Court created a Special (Investigating) Committee to investigate “brewing controversies in the IBP elections,” explicitly listed matters including the elections of Vice-President for the Greater Manila Region and the IBP Executive Vice-President, and Governors for Western Mindanao and Western Visayas.
The Special Committee was composed of Justice Carolina C. Griño-Aquino (Ret.) as Chairman, and Justices Bernardo P. Pardo (Ret.) and Romeo J. Callejo, Sr. (Ret.) as Members.
The Committee called involved IBP officers to a preliminary conference on June 10, 2009; Atty. Rogelio A. Vinluan submitted a Preliminary Conference Brief that day.

Issues identified for investigation by the Special Committee

The Committee framed specific issues for resolution:
- Correct interpretation of Section 31, Article V of the IBP By-Laws (membership of the House of Delegates, scope of “additional delegates” and alternates).
- Who was validly elected Governor for Greater Manila Region (GMR)?
- Who was validly elected Governor for Western Visayas Region?
- Who was validly elected Governor for Western Mindanao Region?
- Who was validly elected IBP Executive Vice-President for the next term?
- Liability of Atty. Rogelio A. Vinluan for alleged grave professional misconduct, violation of attorney’s oath, and acts inimical to the IBP.

Procedural chronology of filings and submissions

Supplemental Complaint of June 11, 2009 filed by Attys. Magsino, Maramba and Marohomsalic, supplementing their May 21, 2009 complaint against Atty. Vinluan.
Parties (including then-IBP President Feliciano M. Bautista and EVP Vinluan) were required to submit position papers and answers.
Position Papers received: Vinluan (June 15, 2009), Elpidio G. Soriano, III and Erwin M. Fortunato (both June 15), Benjamin B. Lanto (June 15), Bautista/Maramba/Magsino (June 16), Marohomsalic (June 17).
Letter from Atty. Alex L. Macalawi (June 22, 2009) received by the Committee.
Vinluan filed Comment (June 15, 2009); complainants filed Reply (June 23, 2009).
Special Committee submitted its Report and Recommendation dated July 9, 2009.

Structure and relevant provisions of IBP organization described in record

The IBP is composed of nine regions; Board of Governors (BOG) is formed by one Governor from each region, elected by delegates of that region.
Chapter government vested in Board of Officers: President, Vice-President, Secretary, Treasurer, Auditor, Public Relations Officer, and five Directors, elected biennially and serving two-year terms.
Delegates to House of Delegates: Chapter Presidents and, when entitled to more than one delegate, Vice-Presidents and “such additional Delegates as the Chapters are entitled to”; additional delegates and alternates “shall in proper cases be elected by the Board of Officers of the Chapter” (Section 31, Article V).
The Board of Governors elects the Executive Vice-President from among the nine Governors; the EVP automatically becomes President for the next term (Section 47, Article VII as amended).
Rotation principle: the governorship of a region should rotate among chapters in that region and the Presidency rotates among Regions by virtue of the EVP succession rule; Supreme Court precedent (Bar Matter No. 586, May 14/16, 1991) directed strict implementation of rotation.

Special Committee — Report and principal recommendations (dispositive portion)

Recommended amendments to IBP By-Laws to clarify Section 31, Article V (membership of House of Delegates), Section 33(g), Article V (presiding officer voting), Section 42, Article VI (meetings), Section 43, Article VI (exception to action without meeting for elections/protests), Section 39, Article VI (incorporation and strict implementation of rotation rule among Chapters for Governor elections), and Section 47, Article VII (Executive Vice President election, strict rotation and penalty for violation).
Specific election recommendations:
- Declare Atty. Manuel M. Maramba duly elected Governor of Greater Manila Region for 2009–2011.
- Declare Atty. Erwin Fortunato (Romblon Chapter) duly elected Governor of Western Visayas for 2009–2011.
- Order a special election in Western Mindanao within 15 days (limited to six Chapters not yet represented) to elect Governor for 2009–2011.
- Order a special election by the Board of Governors to elect the Executive Vice President for 2009–2011, with strict observance of rotation, limiting choice to nominees of Western Visayas and Eastern Mindanao (since those regions had not yet supplied an EVP in prior nine terms).
Administrative recommendation:
- Find that the conduct of Atty. Rogelio A. Vinluan and his group of Governors constituted grave professional misconduct warranting sanction.

Special Committee — key factual findings on delegates and chapter practice

Historical practice and reapportionment: Quezon City Chapter (QC) had previously elected nine officers and delegated nine delegates; from 1997–1999 onward, QC increased board membership (adding P.R.O. and Auditor) and hence increased delegates to eleven.
For 2009–2011 term, IBP-QC Board of Officers listed by name and office; historically many chapter officers served as delegates ipso facto.
The Committee found a manifest intention in Section 31 to reserve House of Delegates membership primarily for elected officers of Chapters because officers received a mandate from general membership.
The Committee identified divergence between two BOG resolutions: Bautista Group’s April 17, 2009 Resolution (additional delegates to be elected by Board of Officers only from among remaining duly elected officers and Board members) and Vinluan Group’s April 23, 2009 Resolution (additional delegates may be elected by Board of Officers from among general membership in good standing, including Board members).
The Committee found Vinluan Group’s April 23, 2009 interpretation to be erroneous and without rational or historical basis, and supported qualification that additional delegates be elected from among remaining duly elected officers and Board members in proper cases.

Special Committee — findings on Greater Manila Region (GMR) governorship

Records show rotation among five GMR chapters in prior five terms (1999–2009) with sequence noted: Manila III (1999–2001), Quezon City (2001–2003), Manila II (2003–2005), Manila I (2005–2007), Manila IV (2007–2009).
Committee concluded that the 2009–2011 GMR governorship belongs to Manila III chapter under the strict rotation rule and found Atty. Manuel Maramba (Manila III) validly elected on April 25, 2009, having obtained 13 votes to 12 for Atty. Elpidio Soriano (QC).
Committee found special election held by Vinluan Group on May 4, 2009 electing Soriano to be a nullity for three reasons: (1) Soriano already lost on April 25; (2) the May 4 election was not called or presided by the regional Governor; (3) Soriano’s election would violate the rotation rule and he was disqualified for that term.

Special Committee — findings on Western Visayas governorship

Western Visayas region composed of ten chapters; Romblon chapter was identified by rotation as next in line for 2009–2011.
Atty. Erwin Fortunato (Romblon Chapter) obtained the highest votes among three candidates at April 25, 2009 and, under rotation rule, was entitled to the governorship; Committee recommended upholding his election.

Special Committee — findings on Western Mindanao governorship

Western Mindanao region composed of twelve chapters; Committee’s historical record showed representation since 1993–1995 by only six chapters; under strict rotation Lanao del Sur (source of both Marohomsalic and Lanto) should wait for other six chapters.
Committee concluded neither Atty. Nasser Marohomsalic nor Atty. Benjamin Lanto qualified because both are from Lanao del Sur and rotation did not permit Lanao del Sur to represent region for 2009–2011.
Committee recommended a special election in Western Mindanao to select Governor limited to the six chapters that had not yet served.

Special Committee — findings on Executive Vice-President election

Two separate elections for EVP were held May 9, 2009: one presided by EVP Vinluan and one by President Bautista in a separate room at the same time.
Committee concluded both separate May 9 elections were void for lack of quorum; presence of five Governors-elect required for quorum; in Vinluan group two alleged Governors-elect (Soriano and Lanto) were invalidly elected and thus disqualified; in Bautista group Marohomsalic was deemed invalid by Committee and thus quorum lacking.
Committee recommended a special unified election of EVP by the nine-man Board of Governors with strict observance of rotation and limited choice (Western Visayas or Eastern Mindanao nominees) for 2009–2011; recommended Court supervision.

Special Committee — findings on administrati