EN BANC Nisce, and Violeta C.

Drilon, the alleged use of

government planes, and the officious intervention of
A.M. No. 491 October 6, 1989 certain public officials to influence the voting, all of
which were done in violation of the IBP By-Laws which
IN THE MATTER OF THE INQUIRY INTO THE 1989 prohibit such activities. The Supreme Court en banc,
ELECTIONS OF THE INTEGRATED BAR OF THE exercising its power of supervision over the Integrated
PHILIPPINES. Bar, resolved to suspend the oath-taking of the IBP
officers-elect and to inquire into the veracity of the
reports.
PER CURIAM:
It should be stated at the outset that the election
In the election of the national officers of the Integrated process itself (i.e. the voting and the canvassing of
Bar of the Philippines (hereafter "IBP") held on June 3, votes on June 3, 1989) which was conducted by the
1989 at the Philippine International Convention Center "IBP Comelec," headed by Justice Reynato Puno of the
(or PICC), the following were elected by the House of Court of Appeals, was unanimously adjudged by the
Delegates (composed of 120 chapter presidents or their participants and observers to be above board. For
alternates) and proclaimed as officers: Justice Puno took it upon himself to device safeguards
to prevent tampering with, and marking of, the ballots.
NAME POSITION
What the Court viewed with considerable concern was
Atty. Violeta Drilon President
the reported electioneering and extravagance that
Atty. Bella Tiro Executive Vice-President characterized the campaign conducted by the three
candidates for president of the IBP.
Atty. Salvador Lao Chairman, House of
Delegates
I. MEDIA ACCOUNT OF THE ELECTION CAMPAIGN.
Atty. Renato F. Ronquillo Secretary, House of
Delegates Emil Jurado, in his column "IBP Group Questions Drilon
Election" (Manila Standard, Sunday, June 17, 1989),
Atty. Teodoro Quicoy Treasurer, House of
Luis Mauricio, in two successive columns: "The
Delegates
Invertebrated Bar" (Malaya, June 10, 1989) and "The
Atty. Oscar Badelles Sergeant at Arms, House of Disintegrating Bar" (Malaya, June 20, 1989), and
Delegates Teodoro Locsin Jr. in an article, entitled "Pam-Pam"
(The Philippines Free Press, July 8,1989), and the
Atty. Justiniano Cortes Governor & Vice-President editorial, entitled 'Wrong Forum" of the Daily Globe
for Northern Luzon (June 8, 1989), were unanimously critical of the "vote-
Atty. Ciriaco Atienza Governor & Vice-President buying and pressure tactics" allegedly employed in the
for Central Luzon campaign by the three principal candidates: Attys.
Violeta C. Drilon, Nereo Paculdo and Ramon Nisce who
Atty. Mario Jalandoni Governor & Vice-President reportedly "poured heart, soul, money and influence to
for Metro Manila win over the 120 IBP delegates."
Atty. Jose Aguilar Grapilon Governor & Vice-President
for Southern Luzon Mr. Jurado mentioned the resentment of Atty. Drilon's
rivals who felt at a disadvantage because Atty. Drilon
Atty. Teodoro Almine Governor & Vice-President allegedly used PNB helicopters to visit far-flung IBP
for Bicolandia chapters on the pretext of distributing Bigay Puso
donations, and she had the added advantage of having
Atty. Porfirio Siyangco Governor & Vice-President regional directors and labor arbiters of the Department
for Eastern Visayas of Labor and Employment (who had been granted
Atty. Ricardo Teruel Governor & Vice-President leaves of absence by her husband, the Labor Secretary)
for Western Visayas campaigning for her. Jurado's informants alleged that
there was rampant vote-buying by some members of
Atty. Gladys Tiongco Governor & Vice-President the U.P. Sigma Rho Fraternity (Secretary Drilon's
for Eastern Mindanao fraternity), as well as by some lawyers of ACCRA
(Angara, Concepcion, Cruz, Regala and Abello Law
Atty. Simeon Datumanong Governor & Vice-President
Office) where Mrs. Drilon is employed, and that
for Western Mindanao
government positions were promised to others by the
office of the Labor Secretary.
The newly-elected officers were set to take the their
oath of office on July 4,1989, before the Supreme Court Mr. Mauricio in his column wrote about the same
en banc. However,disturbed by the widespread reports matters and, in addition, mentioned "talk of personnel of
received by some members of the Court from lawyers the Department of Labor, especially conciliators and
who had witnessed or participated in the proceedings employers, notably Chinese Filipinos, giving aid and
and the adverse comments published in the columns of comfort to her (Atty. Drilon's) candidacy," the billeting of
some newspapers about the intensive electioneering out-of-town delegates in plush hotels where they were
and overspending by the candidates, led by the main reportedly "wined and dined continuously, womened
protagonists for the office of president of the and subjected to endless haggling over the price of their
association, namely, Attorneys Nereo Paculdo, Ramon
Page 1 of 9
votes x x x" which allegedly "ranged from Pl5,000 to Chairman, and Associate Justices Teodoro R. Padilla,
P20,000, and, on the day of the election, some twelve to Emilio A. Gancayco, Abraham F. Sarmiento, and
twenty votes which were believed crucial, appreciated to Carolina C. Griño-Aquino, as members, to conduct the
P50,000." inquiry. The Clerk of Court, Atty. Daniel Martinez, acted
as the committee's Recording Secretary.
In his second column, Mr. Mauricio mentioned "how a
top official of the judiciary allegedly involved himself in A total of forty-nine (49) witnesses appeared and
IBP politics on election day by closeting himself with testified in response to subpoenas issued by the Court
campaigners as they plotted their election strategy in a to shed light on the conduct of the elections. The
room of the PICC (the Philippine International managers of three five-star hotels the Philippine Plaza,
Convention Center where the convention/election were the Hyatt, and the Holiday Inn where the three
held) during a recess x x x." protagonists (Drilon, Nisce and Paculdo) allegedly set
up their respective headquarters and where they billeted
Mr. Locsin in his column and editorial substantially re- their supporters were summoned. The officer of the
echoed Mauricio's reports with some embellishments. Philippine National Bank and the Air Transport Office
were called to enlighten the Court on the charge that an
II. THE COURT'S DECISION TO INVESTIGATE. IBP presidential candidate and the members of her slate
used PNB planes to ferry them to distant places in their
campaign to win the votes of delegates. The Philippine
Responding to the critical reports, the Court, in its en Airlines officials were called to testify on the charge that
banc resolution dated June 15, 1989, directed the some candidates gave free air fares to delegates to the
outgoing and incoming members of the IBP Board of convention. Officials of the Labor Department were also
Governors, the principal officers and Chairman of the called to enable the Court to ascertain the truth of the
House of Delegates to appear before it on Tuesday, reports that labor officials openly campaigned or worked
June 20, 1989, at 2:00 o'clock p.m., and there to inform for the election of Atty. Drilon.
the Court on the veracity of the aforementioned reports
and to recommend, for the consideration of the Court,
appropriate approaches to the problem of confirming The newspaper columnists, Messrs. Luis Mauricio,
Jesus Bigornia and Emil Jurado were subpoenaed to
and strengthening adherence to the fundamental
determine the nature of their sources of information
principles of the IBP.
relative to the IBP elections. Their stories were based,
they said, on letters, phone calls and personal
In that resolution the Court "call[ed] to mind that a basic interviews with persons who claimed to have knowledge
postulate of the Integrated Bar of the Philippines (IBP), of the facts, but whom they, invoking the Press Freedom
heavily stressed at the time of its organization and Law, refused to identify.
commencement of existence, is that the IBP shall be
non-political in character and that there shall be no
The Committee has since submitted its Report after
lobbying nor campaigning in the choice of members of
the Board of Governors and of the House of Delegates, receiving, and analyzing and assessing evidence given
and of the IBP officers, national, or regional, or chapter. by such persons as were perceived to have direct and
personal knowledge of the relevant facts; and the Court,
The fundamental assumption was that officers,
after deliberating thereon, has Resolved to accept and
delegates and governors would be chosen on the basis
adopt the same.
of professional merit and willingness and ability to
serve."
III. PROHIBITED ACTS AND PRACTICES UNDER IBP
BY-LAWS.
The resolution went on to say that the "Court is deeply
disturbed to note that in connection with the election of
members of the Board of Governors and of the House of Article I, Section 4 of the IBP By-Laws emphasizes the
Delegates, there is a widespread belief, based on "strictly non-political" character of the Integrated Bar of
reports carried by media and transmitted as well by the Philippines, thus:
word of mouth, that there was extensive and intensive
campaigning by candidates for IBP positions as well as "SEC. 4. Non-political Bar. — The
expenditure of considerable sums of money by Integrated Bar is strictly non-political,
candidates, including vote-buying, direct or indirect." and every activity tending to impair this
basic feature is strictly prohibited and
The venerable retired Supreme Court Justice and IBP shall be penalized accordingly. No
President Emeritus, Jose B.L. Reyes, attended the lawyer holding an elective, judicial,
dialogue, upon invitation of the Court, to give counsel quasi-judicial, or prosecutory office in
and advice. The meeting between the Court en banc on the Government or any political
the one hand, and the outgoing and in coming IBP subdivision or instrumentality thereof
officers on the other, was an informal one. Thereafter, shall be eligible for election or
the Court resolved to conduct a formal inquiry to appointment to any position in the
determine whether the prohibited acts and activities Integrated Bar or any Chapter thereof.
enumerated in the IBP By-Laws were committed before A Delegate, Governor, officer or
and during the 1989 elections of IBP's national officers. employee of the Integrated Bar, or an
officer or employee of any Chapter
thereof shall be considered ipso
The Court en banc formed a committee and designated
facto resigned from his position as of
Senior Associate Justice Andres R. Narvasa, as
Page 2 of 9
 the moment he files his certificate of ground for the disqualification of a
candidacy for any elective public office candidate or his removal from office if
or accepts appointment to any judicial, elected, without prejudice to the
quasi-judicial, or prosecutory office in imposition of sanctions upon any erring
the Government or any political member pursuant to the By-laws of the
subdivision or instrumentality thereof. "' Integrated Bar.

Section 14 of the same By-Laws At the formal investigation which was conducted by the
enumerates the prohibited acts relative investigating committee, the following violations were
to IBP elections: established:

SEC. 14. Prohibited acts and practices (1) Prohibited campaigning and solicitation of votes by
relative to elections. — The following the candidates for president, executive vice-president,
acts and practices relative to election the officers of candidate the House of Delegates and
are prohibited, whether committed by a Board of Governors.
candidate for any elective office in the
Integrated Bar or by any other member, The three candidates for IBP President Drilon, Nisce
directly or indirectly, in any form or and Paculdo began travelling around the country to
manner, by himself or through another solicit the votes of delegates as early as April 1989.
person: Upon the invitation of IBP President, Leon Garcia, Jr.
(t.s.n., July 13,1989, p. 4), they attended the Bench and
(a) Distribution, except on election day, Bar dialogues held in Cotabato in April 1989 (t.s.n.,
of election campaign material; June 29, 1989, p. 123), in Tagaytay City, Pampanga,
and in Baguio City (during the conference of chapter
(b) Distribution, on election day, of presidents of Northern Luzon (t.s.n., July 3,1989, p. 113;
election campaign material other than a t.s.n., July 10, p. 41; t.s.n., July 13, p. 47) where they
statement of the biodata of a candidate announced their candidacies and met the chapter
on not more than one page of a legal- presidents.
size sheet of paper; or causing
distribution of such statement to be Atty. Nisce admitted that he went around the country
done by persons other than those seeking the help of IBP chapter officers, soliciting their
authorized by the officer presiding at votes, and securing their written endorsements. He
the elections; personally hand-carried nomination forms and
requested the chapter presidents and delegates to fill up
(c) Campaigning for or against any and sign the forms to formalize their commitment to his
candidate, while holding an elective, nomination for IBP President. He started campaigning
judicial, quasi-judicial or prosecutory and distributing the nomination forms in March 1989
office in the Government or any political after the chapter elections which determined the
subdivision, agency or instrumentality membership of the House of Delegates composed of
thereof; the 120 chapter presidents (t.s.n., June 29, 1989, pp.
82-86). He obtained forty (40) commitments. He
(d) Formation of tickets, single slates, or submitted photocopies of his nomination forms which
combinations of candidates, as well as read:
the advertisement thereof;
"Nomination Form
(e) For the purpose of inducing or
influencing a member to withhold his
vote, or to vote for or against a
candidate, (1) payment of the dues or I Join in Nominating
other indebtedness of any member; (2)
giving of food, drink, entertainment, RAMON M. NISCE
transportation or any article of value, or
any similar consideration to any person;
as
or (3) making a promise or causing an
expenditure to be made, offered or
promised to any person." National President of the

Section 12(d) of the By-Laws prescribes sanctions for Integrated Bar of the Philippines
violations of the above rules:

(d) Any violation of the rules governing

elections or commission of any of the ______________ _______________
prohibited acts and practices defined in
Section 14 prohibited Acts and Chapter Signature"
Practices relative to elections) of the by-
laws of the Integrated Bar shall be a
Page 3 of 9
Among those who signed the nomination forms were: that on May 23,1989, DENR Secretary Factoran
Onofre P. Tejada, Candido P. Balbin, Jr., Conizado V. instructed him to go to Bicol to monitor certain regional
Posadas, Quirico L. Quirico Ernesto S. Salun-at, Gloria development projects there and to survey the effect of
C. Agunos, Oscar B. Bernardo, Feliciano F. Wycoco, the typhoon that hit the region in the middle of May. On
Amor L. Ibarra, Jose M. Atienza, Jose N. Contreras, the same day, Atty. Tiu, a fraternity brother (meaning
Romeo T. Mendoza, Leo C. Medialdea, Jr., Paulino G. that Tiu belongs to the Sigma Rho fraternity) went to the
Clarin, Julius Z. Neil, Roem J. Arbolado Democrito M. DENR office and requested the Secretary (Factoran) if
Perez, Abelardo Fermin, Diosdado B. Villarin, Jr., Daniel he (Tiu) could be allowed to hitch a ride on the plane.
C. Macaraeg, Confesor R. Sansano Dionisio E. Bala, Assistant Secretary Tria, together with the Drilon group
Jr., Emesto A. Amores, Romeo V. Pefianco, Augurio C. which included Attorneys Drilon, Grapilon, Amy Wong,
Pamintuan, Atlee T. Viray, Ceferino C. Cabanas, Jose Gladys Tiongco, and Tiu, took off at the Domestic
S. Buban, Diosdado Z. Reloj, Jr., Cesar C. Viola, Oscar Airport bound for Naga, Daet and Legaspi. In Legaspi
C. Fernandez, Ricardo B. Teruel Rodrigo R. Flores, the Drilon group had lunch with Atty. Vicente Real, Jr.,
Sixto Marella, Jr., Arsenio C. Villalon, Renato F. an IBP chapter president (t.s.n., July 10, 1989, pp. 54-
Ronquillo, Antonio G. Nalapo Romualdo A. Din Jr., Jose 69).
P. Icaonapo Jr., and Manuel S. Person.
(3) Formation of tickets and single slates.
Atty. Nisce admitted that he reserved rooms at the Hyatt
Hotel based on the commitments he had obtained The three candidates, Paculdo, Nisce and Drilon,
(t.s.n., June 29, 1989, pp. 82-85). Unfortunately, despite admitted having formed their own slates for the election
those formal commitments, he obtained only 14 votes in of IBP national officers on June 3, 1989.
the election (t.s.n., June 29, 1 989, p. 86). The reason,
he said, is that. some of those who had committed their
Atty. Paculdo's slate consisted of — himself for
votes to him were "manipulated, intimidated, pressured,
President; Bella D. Tiro, for Executive Vice-President;
or remunerated" (t.s.n., June 29,1989, pp. 8695; Exhibit
and for Governors: Justiniano P. Cortez (Northern
"M-4-Nisce," t.s.n., July 4, 1989, pp. 100-1 04).
Luzon), Oscar C. Fernandez (Central Luzon), Mario
C.V. Jalandoni (Greater Manila), Petronilo A. de la Cruz
(2) Use of PNB plane in the campaign. (Southern Luzon), Teodorico C. Almine, Jr. (Bicolandia),
Ricardo B. Teruel (Western Visayas), Porfirio P.
The records of the Philippine National Bank (Exhibit C- Siyangco (Eastern Visayas), Jesus S. Anonat (Western
1-Crudo and Exhibit C-2-Crudo) show that Secretary Mindanao), Guerrero A. Adaza, Jr. (Eastern Mindanao)
Fulgencio S. Factoran, Jr. of the Department of (Exhibit M-Nisce).
Environment & Natural Resources (DENR) borrowed a
plane from the Philippine National Bank for his Bicol The Drilon ticket consisted of. Violeta C. Drilon for
CORD (Cabinet Officers for Regional Development) President, Arturo Tiu for Executive Vice President,
Assistant, Undersecretary Antonio Tria. The plane Salvador Lao for Chairman of the House of Delegates,
manifest (Exh. C-2-Crudo) listed Atty. Violeta Drilon, and, for Governors: Basil Rupisan (Northern 'Luzon),
Arturo Tusi (Tiu), Assistant Secretary for Environment Acong Atienza (Central Luzon), Amy Wong (Metro
and Natural Resources (DENR) Tony Tria, Atty. Gladys Manila), Jose Grapilon (Southern Tagalog), Teodoro
Tiongco, and Amy Wong. Except for Tony Tria, the rest Almine (Bicolandia), Baldomero Estenzo (Eastern
of the passengers were IBP candidates. Visayas), Joelito Barrera (Western Visayas), Gladys
Tiongco (Eastern Mindanao), Simeon Datumanong
Atty. Drilon admitted that she "hitched" a ride on a PNB (Western Mindanao) (Exhibit M-1-Nisce).
plane. She said that she was informed by Atty. Tiu
about the availability of a PNB plane (t.s.n., July 3,1989, Atty. Ramon N. Nisce's line-up listed himself and
pp. 116-118). Confessor B. Sansano Benjamin B. Bernardino, Antonio
L. Nalapo Renato F. Ronquillo, Gloria C. Agunos, Mario
Atty. Tiu, who ran for the position of IBP executive vice- Valderrama, Candido P. Balbin Jr., Oscar C. Fernandez,
president in the Drilon ticket, testified that sometime in Cesar G. Viola, Leo C. Medialdea, Jr., Vicente P.
May 1989 he failed to obtain booking from the Philippine Tordilla, Jr., Jose S. Buban, Joel A. Llosa, Jesus T.
Airlines for the projected trip of his group to Bicol. He Albacite and Oscar V. Badelles.
went to the DENR allegedly to follow up some papers
for a client. While at the DENR, he learned that (4) Giving free transportation to out-of-town delegates
Assistant Secretary Tria was going on an official and alternates.
business in Bicol for Secretary Fulgencio Factoran and
that he would be taking a PNB plane. As Assistant
Atty. Nisce admitted having bought plane tickets for
Secretary Tria is his fraternity brother, he asked if he,
some delegates to the convention. He mentioned Oscar
together with the Drilon group, could hitch a ride on the Badelles to whom he gave four round-trip tickets (worth
plane to Bicol. His request was granted. Their purpose about P10,000) from Iligan City to Manila and back.
in going to Bicol was to assess their chances in the IBP
Badelles was a voting delegate. Nisce, however, failed
elections. The Drilon company talked with the IBP
to get a written commitment from him because Atty.
chapter presidents in Daet, Naga, and Legaspi, and
Medialdea assured him (Nisce) "sigurado na 'yan, h'wag
asked for their support (t.s.n., July 10, 1989, pp. 549).
mo nang papirmahin." Badelles won as sergeant-at-
arms, not in Nisce's ticket, but in that of Drilon.
Assistant Secretary Antonio S. Tria confirmed the use of
a PNB plane by Atty. Drilon and her group. He recalled

Page 4 of 9
Badelles admitted that Nisce sent him three airplane The delegates and supporters of Atty. Drilon were
tickets, but he Badelles said that he did not use them, billeted at the Philippine Plaza Hotel where her
because if he did, he would be committed to Nisce, and campaign manager, Atty. Renato Callanta, booked 40
he Badelles did not want to be committed (t.s.n., July rooms, 5 of which were suites. According to Ms.
4,1989, pp. 77-79, 95-96). Villanueva, Philippine Plaza banquet and conventions
manager, the contract that Atty. Callanta signed with the
Nisce also sent a plane ticket to Atty. Atilano, who was Philippine Plaza was made in the name of the "IBP c/o
his candidate, and another ticket to Mrs. Linda Lim of Atty. Callanta."
Zamboanga. Records of the Philippine Airlines showed
that Atty. Nisce paid for the plane tickets of Vicente Mrs. Lourdes Juco, a sales manager of the Philippine
Real, Jr. (Exh. D-1-Calica), Romeo Fortes (Exh. D-1- Plaza, recalled that it was Mr. Mariano Benedicto who
Calica), Cesar Batica (Exh. D-2-Calica), Jose Buban of first came to book rooms for the IBP delegates. She
Leyte (Exh. D-2-Calica), Delsanto Resuello (Exh. D-3- suggested that he obtain a group (or discounted) rate.
Calica), and Ceferino Cabanas (Exh. D-3-Calica). He gave her the name of Atty. Callanta who would make
the arrangements with her. Mr. Benedicto turned out to
In spite of his efforts and expense, only one of Nisce's be the Assistant Secretary of the Department of Labor
candidates won: Renato Ronquillo of Manila 4, as and Employment (DOLE).
Secretary of the House of Delegates (t.s.n. July 3, p.
161). The total sum of P316,411.53 was paid by Atty. Callanta
for the rooms, food, and beverages consumed by the
(5) Giving free hotel accommodations, food, drinks, Drilon group, with an unpaid balance of P302,197.30.
entertainment to delegates. Per Attorney Daniel Martinez's last telephone
conversation with Ms. Villanueva, Atty. Callanta still has
an outstanding account of P232,782.65 at Philippine
(a) ATTY. NEREO PACULDO
Plaza.
Atty. Paculdo alleged that he booked 24 regular rooms
Atty. Callanta admitted that he signed the contract for 40
and three suites at the Holiday Inn, which served as his
rooms at the Philippine Plaza. He made a downpayment
headquarters. The 24 rooms were to be occupied by his
of P123,000. His "working sheet' showed that the
staff (mostly ladies) and the IBP delegates. The three
following persons contributed for that down payment:
suites were to be occupied by himself, the officers of the
Capitol Bar Association, and Atty. Mario Jalandoni. He
paid P150,000 for the hotel bills of his delegates at the (a) Nilo Pena (Quasha Law Office) P 25,00
Holiday Inn, where a room cost P990 per day with
breakfast. (b) Antonio Carpio 20,00
(c) Toto Ferrer (Carpio Law Office) 10,00
Those listed as guests of Atty. Paculdo at the Holiday
Inn were: Emesto C. Perez, Tolomeo Ligutan Judge (d) Jay Castro 10,00
Alfonso Combong, Ricardo Caliwag, Antonio Bisnar, (e) Danny Deen 20,00
Benedicto Balajadia, Jesus Castro, Restituto Villanueva,
Serapio Cribe Juanita Subia, Teodorico J. Almine, Rudy (f) Angangco Tan (Angara Law Office) 10,00
Gumban, Roem Arbolado, Ricardo Teruel, Shirley
(g) Alfonso Reyno 20,00
Moises, Ramon Roco, Alberto Trinidad, Teodoro Quicoy
Manito Lucero, Fred Cledera Vicente Tordilla, Julian (h) Cosme Rossel 15,30
Ocampo, Francisco Felizmenio Marvel Clavecilla,
Amador Capiral, Eufronio Maristela, Porfirio Siyangco,
William Llanes, Jr., Marciano Neri, Guerrero Adaza, (t.s.n. July 4, 1 989, pp. 3-4)
Diosdado Peralta, Luis C. Formilleza, Jr., Democrito
Perez, Bruno Flores, Dennis Rendon, Judge Ceferino Atty. Callanta explained that the above listed persons
Chan, Mario Jalandoni, Kenneth Siruelo Bella Tiro, have been contributing money every time the IBP
Antonio Santos, Tiburcio Edano James Tan, Cesilo A. embarks on a project. This time, they contributed so that
Adaza, Francisco Roxas, Angelita Gacutan, Jesse their partners or associates could attend the legal aid
Pimentel, Judge Jaime Hamoy, Jesus Anonat, Carlos seminar and the IBP convention too.
Egay, Judge Carlito Eisma, Judge Jesus Carbon, Joven
Zach, and Benjamin Padon. Atty. Drilon alleged that she did not know that Atty.
Callanta had billeted her delegates at the Philippine
Noel de Guzman, Holiday Inn's credit manager, testified Plaza. She allegedly did not also know in whose name
that Atty. Paculdo booked 52 (not 24) rooms, including the room she occupied was registered. But she did ask
the presidential suite, which was used as the for a room where she could rest during the convention.
Secretariat. The group bookings were made by Atty. She admitted, however, that she paid for her hotel room
Gloria Paculdo, the wife of Nereo Paculdo (t.s.n. June and meals to Atty. Callanta, through Atty. Loanzon
28, 1989, pp. 63-68). The total sum of P227,114.89 was (t.s.n. July 3,1989).
paid to Holiday Inn for the use of the rooms.
The following were listed as having occupied the rooms
(b) ATTY. VIOLETA C. DRILON reserved by Atty. Callanta at the Philippine Plaza:
Violeta Drilon, Victoria A. Verciles, Victoria C. Loanzon,
Leopoldo A. Consulto Ador Lao, Victoria Borra, Aimee
Page 5 of 9
Wong, Callanta, Pena, Tiu, Gallardo, Acong Atienza, D. Filomeno Balinas, Ernesto Sabulan, Yusop
Bernardo, Amores, Silao Caingat, Manuel Yuson, Pangadapun, A. Viray, Icampo, Abelardo Fermin, C.
Simeon Datumanong, Manuel Pecson, Sixto Marella, Quiaoit, Augurio Pamintuan, Daniel Macaraeg, Onofre
Joselito Barrera, Radon Macalalag, Oscar Badelles, Tejada.
Antonio Acyatan, Ildefonso C. Puerto, Nestor Atienza,
Gil Batula Array Corot, Dimakuta Corot Romeo Fortes (6) Campaigning by labor officials for Atty. Violeta Drilon
Irving Petilla, Teodoro Palma, Gil Palma, Danilo Deen,
Delsanto, Resuello, Araneta, Vicente Real, Sylvio
In violation of the prohibition against "campaigning for or
Casuncad Espina, Guerrero, Julius Neri, Linda Lim, Ben
against a candidate while holding an elective, judicial,
Lim, C. Batica, Luis Formilleza, Felix Macalag Mariano
quasi-judicial, or prosecutory office in the Government'
Benedicto, Atilano, Araneta, Renato Callanta. (Sec. 14[c], Art. I, IBP By-Laws), Mariano E. Benedicto
II, Assistant Secretary, Department of Labor and
Atty. Nilo Pena admitted that the Quasha Law Office of Employment, testified that he took a leave of absence
which he is a senior partner, gave P25,000 to Callanta from his office to attend the IBP convention. He stayed
for rooms at the Philippine Plaza so that some members at the Philippine Plaza with the Drilon group admittedly
of his law firm could campaign for the Drilon group to give "some moral assistance" to Atty. Violeta Drilon.
(t.s.n. July 5,1989, pp. 7678) during the legal aid He did so because he is a member of the Sigma Rho
seminar and the IBP convention. Most of the members Fraternity. When asked about the significance of Sigma
of his law firm are fraternity brothers of Secretary Drilon Rho, Secretary Benedicto explained: "More than the
(meaning, members of the Sigma Rho Fraternity). He husband of Mrs. Drilon being my boss, the significance
admitted being sympathetic to the candidacy of Atty. there is that the husband is my brother in the Sigma
Drilon and the members of her slate, two of whom Jose Rho."
Grapilon and Simeon Datumanong — are Sigma
Rhoans. They consider Atty. Drilon as a "sigma rho
He cheered up Mrs., Drilon when her spirits were low.
sister," her husband being a sigma rhoan.
He talked to her immediate circle which included Art Tiu,
Tony Carpio, Nilo Pena, Amy Wong, Atty. Grapilon,
Atty. Antonio Carpio, also a Sigma Rhoan, reserved a Victor Lazatin, and Boy Reyno. They assessed the
room for the members of his own firm who attended the progress of the campaign, and measured the strengths
legal aid seminar and the convention. He made the and weaknesses of the other groups The group had
reservation through Atty. Callanta to whom he paid sessions as early as the later part of May.
P20,000 (t.s.n. July 6,1989, pp. 30-34).
Room 114, the suite listed in the name of Assistant
Atty. Carpio assisted Atty. Drilon in her campaign during Secretary Benedicto toted up a bill of P23,110 during
the convention, by soliciting the votes of delegates he the 2-day IBP convention/election. A total of 113 phone
knew, like Atty. Albacite his former teacher (but the calls (amounting to Pl,356) were recorded as emanating
latter was already committed to Nisce), and Atty. Romy from his room.
Fortes, a classmate of his in the U.P. College of Law (t.
t.s.n. July 6, 1989, pp. 22, 29, 39). Opposite Room 114, was Room 112, also a suite, listed
in the names of Mrs. Drilon, Gladys Tiongco (candidate
(c) ATTY. RAMON NISCE. for Governor, Eastern Mindanao) and Amy Wong
(candidate for Governor, Metro Manila). These two
Atty. Nisce, through his brother-in-law, Ricardo Paras, rooms served as the "action center' or "war room" where
entered into a contract with the Hyatt Hotel for a total of campaign strategies were discussed before and during
29 rooms plus one (1) seventh-floor room. He made a the convention. It was in these rooms where the
downpayment of P20,000 (t.s.n. June 28, 1989, p. 58) supporters of the Drilon group, like Attys. Carpio,
on April 20, 1989, and P37,632.45 on May 10, or a total Callanta, Benedicto, the Quasha and the ACCRA
of P57,632.45. lawyers met to plot their moves.

Ms. Cecile Flores, Ms. Milagros Ocampo, and Mr. (7) Paying the dues or other indebtedness of any
Ramon Jacinto, the sales department manager, credit number (Sec. 14[e], IBP BY-Laws).
manager, and reservation manager, respectively of the
Hyatt, testified that Atty. Nisce's bill amounted to Atty. Teresita C. Sison, IBP Treasurer, testified that she
P216,127.74 (t.s.n. June 28, 1989, pp. 57-58; Exhibits has heard of candidates paying the IBP dues of lawyers
E-Flores, F-Jacinto G-Ocampo). who promised to vote for or support them, but she has
no way of ascertaining whether it was a candidate who
As earlier mentioned, Atty. Nisce admitted that he paid the delinquent dues of another, because the
reserved rooms for those who committed themselves to receipts are issued in the name of the member for
his candidacy. whom payment is made (t.s.n. June 28, 1989, pp. 24-
28).
The hotel guests of Atty. Nisce were: Gloria Agunos
Dennis Habanel B. Batula, John E. Asuncion, Reynaldo She has noticed, though, that there is an upsurge of
Cortes, Lourdes Santos, Elmer Datuin, Romualdo Din, payments in March, April, May during any election year.
Antonio Nalapo, Israel Damasco, Candido Balbin, This year, the collections increased by P100,000 over
Serrano Balot, Ibarra, Joel Llosa, Eltanal, Ruperto, that of last year (a non-election year from Pl,413,425 to
Asuncion, Q. Pilotin Reymundo P. Guzman, Zoilo Pl,524,875 (t.s.n. June 28, 1989, p. 25).
Aguinaldo, Clarin, R. Ronquillo, Dominador Carillo,
Page 6 of 9
(8) Distribution of materials other than bio-data of not Another Nisce candidate, Cesar Viola, withdrew from
more than one page of legal size sheet of paper (Sec. the race and refused to be nominated (t.s.n. June 29,
14[a], IBP By-Laws). 1989, p. 104). Vicente P. Tordilla who was Nisce's
candidate for Governor became Paculdo's candidate
On the convention floor on the day of the election, Atty. instead (t.s.n. June 29, 1989, p. 104).
Paculdo caused to be distributed his bio-data and
copies of a leaflet entitled "My Quest," as wen as, the Nisce recalled that during the Bench and Bar Dialogue
lists of his slate. Attys. Drilon and Nisce similarly in Cotabato City, Court Administrator Tiro went around
distributed their tickets and bio-data. saying, "I am not campaigning, but my wife is a
candidate." Nisce said that the presidents of several IBP
The campaign materials of Atty. Paculdo cost from chapters informed him that labor officials were
P15,000 to P20,000. They were printed by his own campaigning for Mrs. Drilon (t.s.n. June 29,1989, pp.
printing shop. 109-110). He mentioned Ciony de la Cerna, who
allegedly campaigned in La Union (t.s.n. June
29,1989,p.111)
(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). Atty. Joel A. Llosa, Nisce's supporter and candidate for
governor of the Western Visayas, expressed his
disappointment over the IBP elections because some
Atty. Paculdo employed uniformed girls to distribute his
delegates flip-flopped from one camp to another. He
campaign materials on the convention floor. Atty. Carpio
noted that there were more campaign materials testified that when he arrived at the Manila Domestic
distributed at the convention site this year than in Airport he was met by an assistant regional director of
the DOLE who offered to bring him to the Philippine
previous years. The election was more heated and
Plaza, but he declined the offer. During the legal aid
expensive (t.s.n. July 6,1989, p. 39).
seminar, Atty. Drilon invited him to transfer to the
Philippine Plaza where a room had been reserved for
Atty. Benjamin Bernardino, the incumbent President of him. He declined the invitation (t.s.n. July 4,1989, pp.
the IBP Rizal Chapter, and a candidate for chairman of 102-106).
the House of Delegates on Nisce's ticket, testified that
campaign materials were distributed during the
Atty. Llosa said that while he was still in Dumaguete
convention by girls and by lawyers. He saw members of
the ACCRA law firm campaigning for Atty. Drilon (t.s.n. City, he already knew that the three candidates had
July 3,1989, pp. 142-145). their headquarters in separate hotels: Paculdo, at the
Holiday Inn; Drilon, at the Philippine Plaza; and Nisce,
at the Hyatt. He knew about this because a week before
(10) Inducing or influencing a member to withhold his the elections, representatives of Atty. Drilon went to
vote, or to vote for or against a candidate (Sec. 14[e], Dumaguete City to campaign. He mentioned Atty. Rodil
IBP BY-Laws). Montebon of the ACCRA Law Office, accompanied by
Atty. Julve the Assistant Regional Director of the
Atty. Bernardino disclosed that his cousin, Atty. Romeo Department of Labor in Dumaguete City. These two, he
Capulong, urged him to withdraw his candidacy for said, offered to give him two PAL tickets and
chairman of the House of Delegates and to run as vice- accommodations at the Philippine Plaza (t.s.n. July
chairman in Violy Drilon's slate, but he declined (t.s.n. 4,1989, pp. 101-104). But he declined the offer because
July 3,1989, pp. 137, 149). he was already committed to Atty. Nisce.

Atty. Gloria Agunos personnel director of the Hyatt Atty. Llosa also revealed that before he left for Manila
Terraces Hotel in Baguio and president of the Baguio- on May 31, 1989, a businessman, Henry Dy,
Benguet IBP Chapter, recalled that in the third week of approached him to convince him to vote for Atty.
May 1989, after the Tripartite meet of the Department of Paculdo. But Llosa told Dy that he was already
Labor & Employment at the Green Valley Country Club committed to Nisce.
in Baguio City, she met Atty. Drilon, together with two
labor officers of Region 1, Attys. Filomeno Balbin and He did not receive any plane tickets from Atty. Nisce
Atty. Mansala Atty. Drilon solicited her (Atty. Agunos') because he and his two companions (Atty. Eltanal and
vote and invited her to stay at the Philippine Plaza Atty. Ruperto) had earlier bought their own tickets for
where a room would be available for her. Atty. Paculdo Manila (t.s.n. July 4, 1989, p. 101).
also tried to enlist her support during the chapter
presidents' meeting to choose their nominee for
SUMMARY OF CAMPAIGN EXPENSES INCURRED
governor for the Northern Luzon region (t.s.n. July
13,1989, pp. 43-54).
BY THE CANDIDATES
Atty. Nisce testified that a Manila Chapter 4 delegate,
Marcial Magsino, who had earlier committed his vote to Atty. Paculdo admitted having spent some P250,000
Nisce changed his mind when he was offered a during his three weeks of campaigning. Of this amount,
judgeship (This statement, however, is admittedly the Capitol Bar Association (of which he was the
hearsay). When Nisce confronted Magsino about the chapter president) contributed about P150,000. The
alleged offer, the latter denied that there was such an Capitol Bar Association is a voluntary bar association
offer. Nisce's informant was Antonio G. Nalapo an IBP composed of Quezon City lawyers.
candidate who also withdrew.
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He spent about P100,000 to defray the expenses of his all lawyers, as a corollary of their obligation to obey and
trips to the provinces (Bicol provinces, Pampanga, Abra, uphold the constitution and the laws, the duty to
Mountain Province and Bulacan) (t.s.n. June 29,1989, "promote respect for law and legal processes" and to
pp. 9-14). abstain from 'activities aimed at defiance of the law or at
lessening confidence in the legal system" (Rule 1.02,
Atty. Nisce's hotel bills at the Hyatt amounted to Canon 1, Code of Professional Responsibility). Respect
P216,127.74. This does not include the expenses for his for law is gravely eroded when lawyers themselves, who
campaign which began several months before the June are supposed to be millions of the law, engage in
3rd election, and his purchases of airplane tickets for unlawful practices and cavalierly brush aside the very
some delegates. rules that the IBP formulated for their observance.

The records of the Philippine Plaza Hotel, headquarters The unseemly ardor with which the candidates pursued
of Atty. Drilon's camp, showed that her campaign rang the presidency of the association detracted from the
up over P600,000 in hotel bills. Atty. Callanta paid dignity of the legal profession. The spectacle of lawyers
P316,411.53 for the rooms, food, and beverage bribing or being bribed to vote one way or another,
consumed by Atty. Drilon's supporters, but still left an certainly did not uphold the honor of the profession nor
unpaid bill of P302,197.30 at convention's end. elevate it in the public's esteem.

FINDINGS. The Court notes with grave concern what appear to be

the evasions, denials and outright prevarications that
From all the foregoing, it is evident that the manner in tainted the statements of the witnesses, including tome
which the principal candidates for the national positions of the candidates, during the initial hearing conducted
by it before its fact-finding committee was created. The
in the Integrated Bar conducted their campaign
subsequent investigation conducted by this Committee
preparatory to the elections on June 3, 1989, violated
has revealed that those parties had been less than
Section 14 of the IBP By-Laws and made a travesty of
the idea of a "strictly non-political" Integrated Bar candid with the Court and seem to have conspired
enshrined in Section 4 of the By-Laws. among themselves to deceive it or at least withhold vital
information from it to conceal the irregularities
committed during the campaign.
The setting up of campaign headquarters by the three
principal candidates (Drilon, Nisce and Paculdo) in five-
star hotels: The Philippine Plaza, the Holiday Inn and CONCLUSIONS.
The Hyatt the better for them to corral and entertain the
delegates billeted therein; the island hopping to solicit It has been mentioned with no little insistence that the
the votes of the chapter presidents who comprise the provision in the 1987 Constitution (See. 8, Art. VIII)
120-member House of Delegates that elects the providing for a Judicial and Bar Council composed of
national officers and regional governors; the formation seven (7) members among whom is "a representative of
of tickets, slates, or line-ups of candidates for the other the Integrated Bar," tasked to participate in the selection
elective positions aligned with, or supporting, either of nominees for appointment to vacant positions in the
Drilon, Paculdo or Nisce; the procurement of written judiciary, may be the reason why the position of IBP
commitments and the distribution of nomination forms to president has attracted so much interest among the
be filled up by the delegates; the reservation of rooms lawyers. The much coveted "power" erroneously
for delegates in three big hotels, at the expense of the perceived to be inherent in that office might have
presidential candidates; the use of a PNB plane by caused the corruption of the IBP elections. To impress
Drilon and some members of her ticket to enable them upon the participants in that electoral exercise the
to "assess their chances" among the chapter presidents seriousness of the misconduct which attended it and the
in the Bicol provinces; the printing and distribution of stern disapproval with which it is viewed by this Court,
tickets and bio-data of the candidates which in the case and to restore the non-political character of the IBP and
of Paculdo admittedly cost him some P15,000 to reduce, if not entirely eliminate, expensive
P20,000; the employment of uniformed girls (by electioneering for the top positions in the organization
Paculdo) and lawyers (by Drilon) to distribute their which, as the recently concluded elections revealed,
campaign materials on the convention floor on the day spawned unethical practices which seriously diminished
of the election; the giving of assistance by the the stature of the IBP as an association of the
Undersecretary of Labor to Mrs. Drilon and her group; practitioners of a noble and honored profession, the
the use of labor arbiters to meet delegates at the airport Court hereby ORDERS:
and escort them to the Philippine Plaza Hotel; the giving
of pre-paid plane tickets and hotel accommodations to 1. The IBP elections held on June3,1989 should be as
delegates (and some families who accompanied them) they are hereby annulled.
in exchange for their support; the pirating of some
candidates by inducing them to "hop" or "flipflop" from 2. The provisions of the IBP By-Laws for the direct
one ticket to another for some rumored consideration; election by the House of Delegates (approved by this
all these practices made a political circus of the Court in its resolution of July 9, 1985 in Bar Matter No.
proceedings and tainted the whole election process. 287) of the following national officers:

The candidates and many of the participants in that (a) the officers of the House of Delegates;
election not only violated the By-Laws of the IBP but
also the ethics of the legal profession which imposes on
(b) the IBP president; and
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(c) the executive vice-president, Section 37. Composition of the Board.
— The Integrated Bar of the Philippines
be repealed, this Court being empowered to amend, shall be governed by a Board of
modify or repeal the By-Laws of the IBP under Section Governors consisting of nine (9)
77, Art. XI of said By-Laws. Governors from the nine (9) regions as
delineated in Section 3 of the
Integration Rule, on the representation
3. The former system of having the IBP President and
basis of one (1) Governor for each
Executive Vice-President elected by the Board of
region to be elected by the members of
Governors (composed of the governors of the nine [91
the House of Delegates from that region
IBP regions) from among themselves (as provided in
Sec. 47, Art. VII, Original IBP By-Laws) should be only. The position of Governor should
restored. The right of automatic succession by the be rotated among the different Chapters
in the region.
Executive Vice-President to the presidency upon the
expiration of their two-year term (which was abolished
by this Court's resolution dated July 9,1985 in Bar 9. Section 39, Article V is hereby amended as follows:
Matter No. 287) should be as it is hereby restored.
Section 39. Nomination and election of
4. At the end of the President's two-year term, the the Governors at least one (1) month
Executive Vice-President shall automatically succeed to before the national convention the
the office of president. The incoming board of governors delegates from each region shall elect
shall then elect an Executive Vice-President from the governor for their region, the choice
among themselves. The position of Executive Vice- of which shall as much as possible be
President shall be rotated among the nine (9) IBP rotated among the chapters in the
regions. One who has served as president may not run region.
for election as Executive Vice-President in a succeeding
election until after the rotation of the presidency among 10. Section33(a), Article V hereby is amended by
the nine (9) regions shall have been completed; addingthe following provision as part of the first
whereupon, the rotation shall begin anew. paragraph:

5. Section 47 of Article VII is hereby amended to read No convention of the House of

as follows: Delegates nor of the general
membership shall be held prior to any
Section 47. National Officers. — The election in an election year.
Integrated Bar of the Philippines shall
have a President and Executive Vice- 11. Section 39, (a), (b), (1), (2), (3), (4), (5), (6), and (7)
President to be chosen by the Board of of Article VI should be as they are hereby deleted.
Governors from among nine (9)
regional governors, as much as All other provisions of the By-Laws including its
practicable, on a rotation basis. The amendment by the Resolution en banc of this Court of
governors shall be ex oficio Vice- July 9, 1985 (Bar Matter No. 287) that are inconsistent
President for their respective regions. herewith are hereby repealed or modified.
There shall also be a Secretary and
Treasurer of the Board of Governors to
12. Special elections for the Board of Governors shall
be appointed by the President with the
be held in the nine (9) IBP regions within three (3)
consent of the Board.
months, after the promulgation of the Court's resolution
in this case. Within thirty (30) days thereafter, the Board
6. Section 33(b), Art. V, IBP By-Laws, is hereby of Governors shall meet at the IBP Central Office in
amended as follows: Manila to elect from among themselves the IBP national
president and executive vice-president. In these special
(b) The President and Executive Vice elections, the candidates in the election of the national
President of the IBP shall be the officers held on June 3,1989, particularly identified in
Chairman and Vice-Chairman, Sub-Head 3 of this Resolution entitled "Formation of
respectively, of the House of Delegates. Tickets and Single Slates," as well as those identified in
The Secretary, Treasurer, and this Resolution as connected with any of the
Sergeant-at-Arms shall be appointed by irregularities attendant upon that election, are ineligible
the President with the consent of the and may not present themselves as candidate for any
House of Delegates.' position.

7. Section 33(g) of Article V providing for the positions of 13. Pending such special elections, a caretaker board
Chairman, Vice-Chairman, Secretary-Treasurer and shall be appointed by the Court to administer the affairs
Sergeant-at- Arms of the House of Delegates is hereby of the IBP. The Court makes clear that the dispositions
repealed here made are without prejudice to its adoption in due
time of such further and other measures as are
8. Section 37, Article VI is hereby amended to read as warranted in the premises. SO ORDERED.
follows:

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