193 In re IBP Elections - asdfasfasdf PDF

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CASE DIGEST In Re IBP Elections Consti 1

Court Citation Date Subject Relevant topic

SC Bar Matter No. 491 October 6, 1989 In the matter of the inquiry into the 1989 Elections of the Integrated Bar of the Philippines Integration of the Bar

CASE SUMMARY The Supreme Court suspended the oath taking of the newly elected officers of the Integrated Bar of the Philippines due to several rumors regarding violations of the By-Laws of the IBP. The Supreme Court’s investigation found that three candidates, Paculdo, Nisce and Drilon committed election violations in the IBP. IBP elections are supposed to be non-political and must be based on competence, and capacity to serve by candidates. They not only violated the ByLaws of the IBP but also the ethics of legal profession—respect for law. In violating the by-laws they failed to uphold their duty as lawyers to obey and uphold the Consti and the laws. The results of the IBP elections is thereby annulled. The SC then also modified regulations on the manner of elections of the IBP. FACTS: -

The Integrated Bar of the Philippines held its election of national officers on June 3, 1989.

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The Supreme Court suspended the oath taking of the winners of the elections due to widespread reports received by some members of the Court from lawyers who had witnessed or participated in intensive electioneering and overspending by the candidates namely, Nereo Paculdo, Ramon Nisce, and Violeta C. Drilon.

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Alleged violations:

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Use of government planes

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Officious intervention of certain public officials to influence voting

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Overspending

The Supreme Court held an investigation and found the following: o

Conduct of prohibited campaigning and solicitation of votes by candidates for president, executive vice-president, the officers of the House of delegates, and Board of Governors

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Use of the Philippine National Bank plane is electioneering.

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Formation of tickets and single slates.

o Giving free transportation, hotel accommodations, food, drinks, entertaining o delegates ISSUE – HELD – RATIO: ISSUE

HELD

Whether or not the candidates violated the IBP By-Laws

YES

RATIO: - The candidates and many of the participants in that election not only violated the By-Laws of the IBP but also the ethics of the legal profession which imposes on all lawyers, as a corollary of their obligation to obey and uphold the constitution and the laws, the duty to "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" (Rule 1.02, Canon 1, Code of Professional Responsibility). Respect for law is gravely eroded when lawyers themselves, who are

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CASE DIGEST In Re IBP Elections Consti 1

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supposed to be millions of the law, engage in unlawful practices and cavalierly brush aside the very rules that the IBP formulated for their observance. The unseemly ardor with which the candidates pursued the presidency of the association detracted from the dignity of the legal profession. The spectacle of lawyers bribing or being bribed to vote one way or another, certainly did not uphold the honor of the profession nor elevate it in the public's esteem. The Court notes with grave concern what appear to be the evasions, denials and outright prevarications that tainted the statements of the witnesses, including tome of the candidates, during the initial hearing conducted by it before its fact-finding committee was created. The subsequent investigation conducted by this Committee has revealed that those parties had been less than candid with the Court and seem to have conspired among themselves to deceive it or at least withhold vital information from it to conceal the irregularities committed during the campaign.

RULING: IBP elections null.

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