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In Re 1989 Elections of The IBP
In Re 1989 Elections of The IBP
Facts:
After the election of the national officers of the Integrated Bar of the Philippines (hereafter
“IBP”) held on June 3, 1989, the newly-elected officers were set to take the their oath of office
before the Supreme Court en banc. However, disturbed by the widespread reports from
lawyers who had witnessed or participated in the proceedings and the adverse comments
published in the columns of some newspapers about the intensive electioneering and
overspending by the candidates, led by the main protagonists for the office of president of the
association, namely, Attorneys Nereo Paculdo, Ramon Nisce, and Violeta C. Drilon, the alleged
use of government planes, and the officious intervention of certain public officials to influence
the voting, all of which were done in violation of the IBP By-Laws which prohibit such activities.
The Supreme Court en banc, exercising its power of supervision over the Integrated Bar,
resolved to suspend the oath-taking of the IBP officers-elect and to inquire into the veracity of
the reports.
The election process itself (i.e. the voting and the canvassing of votes on June 3, 1989) was
unanimously adjudged by the participants and observers to be above board. What the Court
viewed with considerable concern was the reported electioneering and extravagance that
characterized the campaign conducted by the three candidates for president of the IBP.
The Court en banc formed a committee and total of forty-nine (49) witnesses appeared and
testified in response to subpoenas issued by the Court to shed light on the conduct of the
elections.
Decision:
IBP by-laws were violated. Elections held on June 3,1989 be annulled, relevant by-laws be
amended as per the court’s resolution and new elections be held such that the persons named
in the resolution cannot contest for any IBP position.
A basic postulate of the IBP, heavily stressed at the time of its organization and commencement
of existence, is that the IBP shall be non-political in character and that there shall be no
lobbying nor campaigning in the choice of members of the Board of Governors and of the
House of Delegates, and of the IBP officers, national or regional, or chapter. The fundamental
assumption was that officers, delegates and governors would be chosen on the basis of
professional merit and willingness and ability to serve.