A.M. No.

491
October 6, 1989

IN THE MATTER OF THE INQUIRY INTO THE 1989 ELECTIONS OF THE

INTEGRATED BAR OF THE PHILIPPINES.

Following the June 3, 1989 national officers’ election of the Integrated Bar
of the Philippines (IBP), an article entitled “Pam-Pam” was released
questioning the alleged “vote-buying and pressure tactics” used by the three
principal candidates Violeta C. Drilon, Nereo Paculdo and Ramon Nisce.
Articles alleging the overspending and extravagant actions of the candidates
were highlighted which led the court to be disturbed with such accusations.
Thus, the Supreme Court in exercise of the power to supervise the IBP,
conducted an investigation on the matter. At the formal investigation which
was conducted by the investigating committee, witnesses and pieces of
evidence were gathered. As such, violations were established:

1. 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.
2. Use of PNB plane in the campaign.
3. Formation of tickets and single slates.
4. Giving free transportation to out-of-town delegates and alternates.
5. Giving free hotel accommodations, food, drinks, entertainment to
delegates.
6. Campaigning by labor officials for Atty. Violeta Drilon
7. Paying the dues or other indebtedness of any number (Sec. 14[e], IBP
BY-Laws).
8. Distribution of materials other than bio-data of not more than one
page of legal-size sheet of paper (Sec. 14[a], IBP By-Laws)
9. Causing distribution of such statement to be done by persons other
than those authorized by the officer presiding at the election (Sec.
14[b], IBP By-Laws).
10. Inducing or influencing a member to withhold his vote, or to vote
for or against a candidate (Sec. 14[e], IBP BY-Laws).

ISSUE:

Whether or not the candidates violated the IBP By-Laws.

RULING:
 YES.

Article 1, Section 4 of the IBP By-Laws mentions that the IBP is

“strictly non-political”. This entails that any act impairing this basic feature is
strictly prohibited and shall be penalized accordingly. To further, Sec. 14 of
the same law enumerates the acts which are considered violative of the said
IBP feature. Consequently, Sec. 12 (d) of the said law entails that it shall be
a ground for the disqualification of a candidate or his removal from office if
elected, without prejudice to the imposition of sanctions upon any erring
member pursuant to the By-laws of the Integrated Bar.’
Findings suggests that it is evident that the manner of campaign done
by the candidates for the June 3, 1989 IBP national officer’s elections was
violative of Sec. 14 of the IBP By-Laws. Thus, made travesty of the idea that
the IBP is “strictly non-political”. The court mentions that the much coveted
"power" erroneously perceived to be inherent in that office might have
caused the corruption of the IBP elections. Actions done in the June 3, 1989
IBP elections. spawned unethical practices which seriously diminished the
stature of the IBP as an association of the practitioners of a noble and
honored profession. To add, as stated in Canon 1, Rule 1.02 of the Code of
Professional Responsibility, it is corollary obligations for lawyers to obey and
uphold the constitution and "promote respect for law and legal processes"
and to abstain from 'activities aimed at defiance of the law or at lessening
confidence in the legal system". The court further noted with grave concern
the seemingly evasions, denials and outright prevarications of the witnesses
and some of the candidates during the course of the investigation.
Hence, the court ruled that the July 1989 elections of the IBP officers
be annulled and direct election by the House of Delegates be conducted. This
pertains to the certain national officers: The officers of the House of
Delegates, the IBP President, the executive vice-president is repealed. The
restoration of the former system of having the IBP President and Executive
Vice-President elected by the Board of Governors from among themselves
was favored. The right of automatic succession by the Executive Vice-
President to the presidency upon the expiration of their 2-years term was
also restored. Finally, special elections shall be held upon promulgation of
the Courts’ resolution on the case.