legal ethics canon cases.doc

8/10/2019 Legal Ethics Canon Cases.doc

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Republic of the PhilippinesSUPREME COURT

Manila

EN BANC

G.R. No. 176278 June 25, 2010

ALAN F. PAGUIA,Petitioner,vs.OFFICE OF THE PRESIENT, SECRETAR! OF FOREIGN AFFAIRS, "n# HON. HILARIO

A$IE, JR. %n &%' (")"(%*+ "' Pe-"nen* Re)e'en*"*%e o/ *&e P&%%))%ne' *o *&e Un%*e#N"*%on',Respondents.

R E S O L ! " O N

CARPIO, J.:

At issue is the po#er of Con$ress to li%it the President&s prero$ative to no%inate a%bassadors b'le$islatin$ a$e (ualifications despite the constitutional rule li%itin$ Con$ress& role in the appoint%entof a%bassadors to the Co%%ission on Appoint%ents& confir%ation of no%inees. )*o#ever, for lac+of a case or controvers' $rounded on petitioner&s lac+ of capacit' to sue and %ootness, #e dis%issthe petition #ithout reachin$ the %erits, deferrin$ for another da' the resolution of the (uestion

raised, novel and funda%ental it %a' be.

Petitioner Alan -. Pa$uia petitioner/, as citi0en and ta1pa'er, filed this ori$inal action for the #rit ofcertiorari to invalidate President 2loria Macapa$al3Arro'o&s no%ination of respondent for%er Chief4ustice *ilario 2. 5avide, 4r. respondent 5avide/ as Per%anent Representative to the nitedNations N/ for violation of Section 6 of Republic Act No. 7)87 RA 7)87/, the Philippine -orei$nService Act of )99). Petitioner ar$ues that respondent 5avide&s a$e at that ti%e of his no%ination inMarch ::;, 7:, dis(ualifies hi% fro% holdin$ his post. Petitioner $rounds his ar$u%ent on Section6 of RA 7)87 pe$$in$ the %andator' retire%ent a$e of all officers and e%plo'ees of the5epart%ent of -orei$n Affairs 5-A/ at ;8. 6Petitioner theori0es that Section 6 i%poses an absoluterule for all 5-A e%plo'ees, career or non3career< thus, respondent 5avide&s entr' into the 5-A ran+sdiscri%inates a$ainst the rest of the 5-A officials and e%plo'ees.

"n their separate Co%%ents, respondent 5avide, the Office of the President, and the Secretar' of-orei$n Affairs respondents/ raise threshold issues a$ainst the petition. -irst, the' (uestionpetitioner&s standin$ to brin$ this suit because of his indefinite suspension fro% the practice ofla#.=Second, the Office of the President and the Secretar' of -orei$n Affairs public respondents/ar$ue that neither petitioner&s citi0enship nor his ta1pa'er status vests hi% #ith standin$ to (uestionrespondent 5avide&s appoint%ent because petitioner re%ains #ithout personal and substantialinterest in the outco%e of a suit #hich does not involve the ta1in$ po#er of the state or the ille$aldisburse%ent of public funds. !hird, public respondents (uestion the propriet' of this petition,

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contendin$ that this suit is in truth a petition for (uo #arranto #hich can onl' be filed b' a contenderfor the office in (uestion.

On the eli$ibilit' of respondent 5avide, respondents counter that Section 6&s %andated retire%enta$e applies onl' to career diplo%ats, e1cludin$ fro% its a%bit non3career appointees such asrespondent 5avide.

!he petition presents no case or controvers' for petitioner&s lac+ of capacit' to sue and %ootness.

-irst. Petitioner&s citi0enship and ta1pa'er status do not clothe hi% #ith standin$ to brin$ this suit.>e have $ranted access to citi0en&s suits on the narro#est of $round? #hen the' raise issues of

@transcendental@ i%portance callin$ for ur$ent resolution.8

!hree factors are relevant in ourdeter%ination to allo# third part' suits so #e can reach and resolve the %erits of the crucial issuesraised the character of funds or assets involved in the controvers', a clear disre$ard ofconstitutional or statutor' prohibition, and the lac+ of an' other part' #ith a %ore direct and specificinterest to brin$ the suit.;None of petitioner&s alle$ations co%es close to an' of these para%eters."ndeed, i%plicit in a petition see+in$ a udicial interpretation of a statutor' provision on the retire%entof $overn%ent personnel occasioned b' its see%in$l' a%bi$uous craftin$ is the ad%ission that a@clear disre$ard of constitutional or statutor' prohibition@ is absent. -urther, the 5-A is not devoid ofpersonnel #ith @%ore direct and specific interest to brin$ the suit.@ Career a%bassadors forced toleave the service at the %andated retire%ent a$e un(uestionabl' hold interest far %ore substantialand personal than petitioner&s $enerali0ed interest as a citi0en in ensurin$ enforce%ent of the la#.1avvphi1

!he sa%e conclusion holds true for petitioner&s invocation of his ta1pa'er status. !a1pa'ers&contributions to the state&s coffers entitle the% to (uestion appropriations for e1penditures #hich areclai%ed to be unconstitutional or ille$al. 7*o#ever, the salaries and benefits respondent 5avidereceived co%%ensurate to his diplo%atic ran+ are fi1ed b' la# and other e1ecutive issuances, thefundin$ for #hich #as included in the appropriations for the 5-A&s total e1penditures contained in theannual bud$ets Con$ress passed since respondent 5avide&s no%ination. *avin$ assu%ed officeunder color of authorit' appoint%ent/, respondent 5avide is at least a de facto officer entitled todra# salar',ne$atin$ petitioner&s clai% of @ille$al e1penditure of scarce public funds.@9

Second. An incapacit' to brin$ le$al actions peculiar to petitioner also obtains. Petitioner&ssuspension fro% the practice of la# bars hi% fro% perfor%in$ @an' activit', in or out of court, #hichre(uires the application of la#, le$al procedure, +no#led$e, trainin$ and e1perience.@ ):Certainl',preparin$ a petition raisin$ carefull' crafted ar$u%ents on e(ual protection $rounds and e%plo'in$

hi$hl' le$alistic rules of statutor' construction to parse Section 6 of RA 7)87 falls #ithin theproscribed conduct.

!hird. A supervenin$ event has rendered this case acade%ic and the relief pra'ed for %oot.Respondent 5avide resi$ned his post at the N on ) April :):.

>*ERE-ORE, #e 5"SM"SS the petition.

SO OR5ERE5.

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ANTONIO T. CARPIOAssociate 4ustice

>E CONCR?

RENATO C. CORONAChief 4ustice

CONCHITA CARPIO MORALESAssociate 4ustice

PRESITERO J. $ELASCO, JR.Associate 4ustice

ANTONIO EUARO . NACHURAAssociate 4ustice

TERESITA J. LEONAROE CASTROAssociate 4ustice

ARTURO . RIONAssociate 4ustice

IOSAO M. PERALTAAssociate 4ustice

LUCAS P. ERSAMINAssociate 4ustice

MARIANO C. EL CASTILLOAssociate 4ustice

ROERTO A. AAAssociate 4ustice

MARTIN S. $ILLARAMA, JR.Associate 4ustice

JOSE PORTUGAL PERE3Associate 4ustice

JOSE C. MENO3AAssociate 4ustice

C E R ! " - " C A ! " O N

Pursuant to Section )6, Article D""" of the Constitution, " certif' that the conclusions in the aboveResolution had been reached in consultation before the case #as assi$ned to the #riter of theopinion of the Court.

RENATO C. CORONAChief 4ustice

Foo*no*e'

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)Section ); )/, Article D"" of the )97 Constitution provides? @!he President shall no%inateand, #ith the consent of the Co%%ission on Appoint%ents, appoint 1 1 1 a%bassadors, otherpublic %inisters and consuls 1 1 1.@ !he follo#in$ co%%ent on the interaction of theconstitutional spheres of po#er of the President, Senate the Co%%ission on Appoint%entsin this urisdiction/, and Con$ress in the no%ination and confir%ation process under the SConstitution&s Appoint%ents Clause, the nor%ative %odel of the first sentence of Section );)/, Article D"" of the )97 Constitution, is instructive?

!he Constitution assi$ns the po#er of no%ination for a confir%ation appoint%ent tothe President alone, and it allocates the po#er of confir%ation appoint%ents to thePresident to$ether #ith the Senate. Con$ress can pass la#s 1 1 1 to help thePresident and Senate carr' out those functions, such as establishin$ an a$enc' tohelp identif' and evaluate potential no%inees. But 1 1 1 Con$ress cannot re(uire thatthe President li%it his no%inees to a specific $roup of individuals na%ed b' so%eoneelse, or constrain appoint%ents to people #ho %eet a particular set of (ualifications,for confir%ation appoint%ents. *anah Metchis Dolo+h, !he !#o Appoint%entsClauses? Statutor' ualifications -or -ederal Officers, ): . Pa. 4. Const. L. 7=8,7;6 F::7G/ internal citations o%itted< e%phasis supplied/.

!he President&s e1clusive po#er to no%inate a%bassadors is co%pli%ented b' asubsidiar' doctrine treatin$ a%bassadorial selections as @based on the special trustand confidence@ of the President Santos v. Macarai$, 2.R. No. 9=:7:, ): April )99,: SCRA 7=, =/.

Prescindin$ fro% Section 8, Article D""" of the )97 Constitution li%itin$ this Court&surisdiction to @cases.@

6Section 6 provides? @Co%pulsor' Retire%ents. 3 All officers and e%plo'ees of the5epart%ent #ho have reached the a$e of si1t'3five ;8/ shall be co%pulsoril' andauto%aticall' retired fro% the Service? Provided, ho#ever, !hat all incu%bent non3careerchiefs of %ission #ho are sevent' 7:/ 'ears old and above shall continue to hold office until4une 6:, )99 unless sooner re%oved b' the appointin$ authorit'. Non3career appointees#ho shall serve be'ond the a$e of si1t'3five ;8/ 'ears shall not be entitled to retire%entbenefits.@

="%posed in Estrada v. Sandi$anba'an, =; Phil. )68 ::6/.

8Hilosba'an v. Morato, 6: Phil. )7), ); )998/.

; -rancisco v. *ouse of Representatives, =;: Phil. 6, 99 ::6/ citin$ Hilosba'an v.2uin$ona, 2.R. No. ))6678, 8 Ma' )99=, 6 SCRA )):, )883)8; )998/ -eliciano, 4.,concurrin$/.

7See e.$. Pascual v. Secretar' of Public >or+s, )): Phil. 66) )9;:/ involvin$ theconstitutionalit' of Republic Act No. 9: appropriatin$ funds for public #or+s/< Sanidad v.

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COMELEC, No. L3==;=:, ) October )97;, 76 SCRA 666 concernin$ the constitutionalit' ofpresidential decrees callin$ for the holdin$ of a national referendu% on constitutionala%end%ents and appropriatin$ funds for the purpose/.

See Malaluan v. COMELEC, 6= Phil. ;7;, ;9;3;97 )99;/.

9Rollo, p. 7.

):Ca'etano v. Monsod, 2.R. No. )::))6, 6 Septe%ber )99), :) SCRA ):, )=.

A.C. No. 7204 March 7, 2007

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CYNTHIA ADVINCULA, Complainant, v. ATTY. !"N!#T$ M. MACA%ATA, "&pon'&nt

(act)

The case is a disbarment case against respondent on the ground of gross immorality. It was alleged thatsometime in December 2004, complainant seek for legal advice from peitioner regarding her collectibles from a travelcompany. espondent sent Demand !etter and sometime in "ebruary 200#, they met at $ensho estaurant todiscuss the possibility of filing complaint against the travel company because the latter failed to settle the accounts.That after that said meeting, the respondent %held her arm and kissed her on the cheek while embracing her verytightly.%

The two met again to finali&e the draft for the complaint and while on their way home after the saidmeeting, the respondent suddenly stopped the car and things went out of hand. Thus she decided to refer the case toanother lawyer.

I*&)

'hether or not the respondent committed acts are grossly immoral which would warrant the disbarment orsuspension from the practice of law(

H&l')

The )ode of *rofessional esponsibility provides+

)-- I /

"*l& +.0+ A la-&r hall not &n/a/& in *nla-*l, 'ihon&t, immoral or '&c&it*l con'*ct.

CAN$N 7 A la-&r hall at all tim& *phol' th& int&/rit an' 'i/nit o th& l&/al pro&ion an' *pport th&activiti& o th& Int&/rat&' %ar.

ule 1.033 lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he,

whether in public or private life, behave in a scandalous manner to the discredit of the legal profession.

The ) held that lawyers are epected to abide the tenets of morality, not only upon admission to the 5arbut all throughout their legal career as lawyers belongs to an eclusive and honored fraternity. !awyers are calledupon to safeguard the integrity of the legal profession and should adhere to the unwaveringly to the highest standardof morality. The respondent admitted to the act of kissing the complainant on the lips as evidenced as well of hisasking for apology from complainant in his tet message. egardless of the fact that the respondent admitted that hekissed the complainant but the )ourt held that this was not accompanied by malice because the respondentimmediately asked for forgiveness after sensing the annoyance of the respondent after teting him. Thus the )ourt

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held that this is not grossly immoral nor highly reprehensible which will warrant disbarment or suspension. 5ut the)ourt reprimanded respondent to be more prudent and cautious.

1*&varra v. !ala, A.C. No. 7+3. A*/*t +, 2007

(ACT#)6oselano 7uevarra filed a )omplaint for Disbarment before the Integrated 5ar of the *hilippines 8I5*9 )ommitte on5ar Discipline 8)5D9 against tty. 6ose :mmanuel ;. :ala a.k.a -oli :ala for %grossly immoral conduct andunmitigated violation of the lawyer


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espondent, tty. 6ose :mmanuel ;. :ala, is DI5:D for grossly immoral conduct, violation of his oath ofoffice, and violation of )anon >, ule >.0> which proscribes a lawyer from engaging in %unlawful, dishonest, immoralor deceitful conduct,% and ule 1.0 of )anon 1 of the same )ode which proscribes a lawyer from engaging in any%conduct that adversely reflects on his fitness to practice law.% and )anon 1, ule 1.0 of the )ode of *rofessionalesponsibility.

'@::":, *etition is 7-T:D. espondent, tty. 6ose :mmanuel ;. :ala, is DI5:D for grosslyimmoral conduct, violation of his oath of office, and violation of )anon >, ule >.0> and )anon 1, ule 1.0 of the)ode of *rofessional esponsibility.

Tion/ v. (lor&n'o

(act)tty. 7eorge "lorendo has been serving as the lawyer of spouses :lpidio and ;a. :lena Tiong. :lpidio, a A citi&enis often times away. "or two years, he suspected that his wife and tty. "lorendo were having an affair. "inally in>BB#, he was able to listen to a telephone conversation where he heard tty. "lorendo mention amorous words to;a. :lena. tty. "lorendo confronted the two and both eventually admitted to their illicit relationship. tty. "lorendoand ;a. :lena then eecuted and signed an affidavit, which was later notari&ed, stating that they admit of their illicitrelationshipC that they are seeking the forgiveness of their respective spouse. :lpidio forgave "lorendo and ;a.:lena. 5ut nevertheless, :lpidio filed a disbarment case against "lorendo."lorendo said he can no longer be sanctioned because he was already pardoned.

I##U!)'hether or not tty. "lorendo is correct.

H!LD)-o. petition for suspension or disbarment of a lawyer is a sui generis case. This class of cases is meant toprotect the public and the courts of undesirable members of the legal profession. s such, pardon by the offendedparty of the act complained of does not operate to offset the ground for disbarment or suspension. "lorendos act ofhaving an affair with his clients wife manifested his disrespect for the laws on the sanctity of marriage and his ownmarital vow of fidelity. It showed his utmost moral depravity and low regard for the ethics of his profession. @eviolated the trust reposed upon him by his client 8)anon >1, )ode of *rofessional esponsibility9. @is illicitrelationship with ;a. :lena amounts to a disgraceful and grossly immoral conduct warranting disciplinary action.ection 21, ule >E of the ules of )ourt provides that an attorney may be disbarred or suspended from his officefor any deceit, malpractice, or other gross misconduct in office, grossly immoral conduct, among others. It cannot bealso said, as he claims, that their relationship is merely a moment of indiscretion considering that their affair went onfor more than two years. "lorendo was suspended for F months.

Att. olicarpio I. Catalan, 5r. v. Att. 5o&lito M. #ilvoa

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A.C. No. 730 5*l 24, 20+2Att. Catalan 6complainant il&' thi complaint or 'i8arm&nt a/aint Att. 5o&lito #ilvoa 6r&pon'&nt.

(act))omplainant has three causes of action against tty. ilvosa+>. tty. ilvosa appeared as counsel for the accused in the same case for which he previously appeared asprosecutor hence violating ule F.0 of the )ode of *rofessional esponsibility. tty. )atalan also alleged that, apartfrom the fact that tty. ilvosa and the accused are relatives and have the same middle name, tty. ilvosa displayedmanifest bias in the accuseds favorC2. tty. ilvosa bribed his then colleague *rosecutor *hoebe Toribio 8*ros. Toribio9 for0,000 to uphold the chargeof frustrated murder and not less serious physical in=uries in a case where tty. )atalans brother was a respondentC

and. The andiganbayan convicted tty. ilvosa for direct bribery for having demanded>#,000 from for the dismissalof a homicide case and for the release of said accused rsenio )adinas despite the eecution of an affidavit ofdesistance of the complainant in said case.In his defense, respondent claimed that his appearing as a defense counsel for the accused was in compliance withthe mandate to render legal services to the needy and to the oppressed. n the second cause of action, tty. ilvosadismissed *ros. Toribios allegations as self3serving. n the third cause of action, while tty. ilvosa admitted hisconviction by the andiganbayan and is under probation, he asserted that conviction under the 2nd paragraph ofrticle 2>0 of the evised *enal )ode does not involve moral turpitude since the act involved does not amount to acrime.

I*&)

'hether or not the acts of tty. ilvosa constitute valid grounds so as to warrant his disbarment

"*lin/)Ges. "irst, when he entered his appearance on the ;otion to *ost 5ail 5ond *ending ppeal, tty. ilvosaconveniently forgot ule >#.0 which provides that H lawyer shall not represent conflicting interests ecept by writtenconsent of all concerned given after a full disclosure of facts. Indeed, the prohibition against representation ofconflicting interests applies although the attorneys intentions were honest and he acted in good faith.econd, the records showed that tty. ilvosa made an attempt to bribe *ros. Toribio. *ros. Toribio eecuted heraffidavit on >4 6une >BBB, a day after the failed bribery attempt, and had it notari&ed by tty. -emesio 5eltran, then*resident of the I5*35ukidnon )hapter. There was no reason for *ros. Toribio to make false testimonies against tty.ilvosa. tty. ilvosa, on the other hand, merely denied the accusation and dismissed it as persecution.Third, )onviction of a crime involving moral turpitude is a ground for disbarment. tty. ilvosas final conviction of the

crime of direct bribery clearly falls under one of the grounds for disbarment under ection 21 of ule >E. Disbarmentfollows as a conse?uence of tty. ilvosas conviction of the crime.

A'9*'ication)espondent tty. 6oselito ;. ilvosa is hereby DI5:D and his name D::D TI):- from the oll ofttorneys.

No. :

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A.M. No. 0; >A.C. No. :2;2ATTY#. MA"CIAL M. MA1#IN$, MANU!L M. MA"AM%A an' NA##!" MA"AH$M#ALIC, Complainant,v.ATTY#. "$1!LI$ A. VINLUAN, A%!LA"D$ C. !#T"ADA, %$NI(ACI$ T. %A"AND$N, 5"., !V!"1I#T$ #.!#CAL$N, an' "!YMUND 5$"1! A. M!"CAD$, "&pon'&nt.

(act)

t the helm of the I5* is the I5* -ational *resident 8I5*3*resident9, who is automatically succeeded by the :J*.'hen the *hilippine 5ar was first integrated, both the I5*3*resident and the :J* were elected by the I5*357 fromamong themselves or from other members of the Integrated 5ar, with the right of automatic succession by the :J* tothe presidency for the net succeeding full term. The presidency rotated among all the nine regions in such order asthe I5*357 had prescribed. 5oth the I5*3*resident and the :J* held a term of one 8>9 year, with the presidencyrotating from year to year among the regions.n -ovember >, >B14, the I5* 5y3!aws took effect, providing that the I5*3*resident and the :J* be chosen by the5oard of 7overnors from among nine 8B9 regional governors, as much as practicable, on a rotation basis. It was alsoprovided that the I5*3*resident and the :J* hold office for a term of two 829 years from 6uly > following their electionuntil 6une 0 of their second year in office and until their successors shall have been duly chosen and ?ualified.!ater, several amendments in the I5* 5y3!aws were introduced, among which were the provisions relating to theelection of its national officers. In 5ar ;atter -o. 2E1, dated 6uly B, >BE#, the )ourt approved the recommendation

allowing the I5*3*resident, the :J* and the officers of the @ouse of Delegates to be directly elected by the @ouse ofDelegates.

otation by :clusions clarified in the December 4, 20>2 esolution of the )ourt, the rotation should be by eclusion. In said resolution, it

was stated+

esolution of the )ourte+ I5*3'estern Jisayas egion

fter an assiduous review of the facts, the issues and the arguments raised by the parties involved, the )ourt findswisdom in the position of the I5*357, through retired 6ustice antiago ;. apunan, that at the start of a new

rotational cycle %all chapters are deemed ?ualified to vie for the governorship for the 20>>320> term withoutpre=udice to the chapters entering into a consensus to adopt any pre3ordained se?uence in the new rotation cycleprovided each chapter will have its turn in the rotation.% tated differently, the I5*357 recommends the adoption ofthe rotation by eclusion scheme. The )ourt ?uotes with approval the reasons given by the I5*357 on this score+F. fter due deliberation, the 5oard of 7overnors agreed and resolved to recommend adherence to the principle of%rotation by eclusion% based on the following reasons+

a9 :lection through %rotation by eclusion% is the more established rule in the I5*. The rule prescribes that once amember of the chapter is elected as 7overnor, his chapter would be ecluded in the net turn until all have taken

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their turns in the rotation cycle. nce a full rotation cycle ends and a fresh cycle commences, all the chapters in theregion are once again entitled to vie but sub=ect again to the rule on rotation by eclusion.

b9 :lection through a %rotation by eclusion% allows for a more democratic election process. The rule provides forfreedom of choice while upholding the e?uitable principle of rotation which assures that every member3chapter hasits turn in every rotation cycle.

c9 n the other hand, rotation by pre3ordained se?uence, or election based on the same order as the previous cycle,tends to defeat the purpose of an election. The element of choice / which is crucial to a democratic process / isvirtually removed. nly one chapter could vie for election at every turn as the entire se?uence, from first to last, isalready predetermined by the order in the previous rotation cycle. This concept of rotation by pre3ordained se?uence

negates freedom of choice, which is the bedrock of any democratic election process.

d9 The pronouncement of the pecial )ommittee, which the upreme )ourt may have adopted in ; -o. 0B3#323),involving the application of the rotation rule in the previous election for 7; may not be controlling, not being one ofthe principal issues raised in the 7; elections.

1. Thus, applying the principle of Krotation by eclusion in 'estern Jisayas which starts with a new rotation cycle, allchapters 8with the eception of omblon9 are deemed ?ualified to vie for the 7overnorship for 20>>320> term

without pre=udice to the chapters entering into a consensus to adopt any pre3ordained se?uence in the new rotationcycle provided each chapter will have its turn in the rotation.

The )ourt takes notice of the predictability of the rotation by succession scheme. Through the rotation by eclusion

scheme, the elections would be more genuine as the opportunity to serve as 7overnor at any time is once againopen to all chapters, unless, of course, a chapter has already served in the new cycle. 'hile predictability is notaltogether avoided, as in the case where only one chapter remains in the cycle, still, as previously noted by the )ourt%the rotation rule should be applied in harmony with, and not in derogation of, the sovereign will of the electorate asepressed through the ballot.%

Thus, as applied in the I5*3'estern Jisayas egion, initially, all the chapters shall have the e?ual opportunity to viefor the position of 7overnor for the net cycle ecept omblon, so as no chapter shall serve consecutively. :very

winner shall then be ecluded after its term. omblon then =oins the succeeding elections after the first winner in thecycle.F4

s stated therein, it would be without pre=udice to the regions entering into a consensus to adopt any pre3ordained

se?uence in the new rotation cycle, provided each region would have its turn in the rotation.s noted by the )ourt in its December 4, 20>2 esolution, there is a sense of predictability in the rotation by the pre3ordained scheme. Through the rotation by eclusion scheme, the elections will be more genuine, as the opportunityto serve at any time is once again open to all, unless, of course, a region has already served in the new cycle. 'hilepredictability is not altogether avoided, as in the case where only one region remains in the cycle, still, as previouslynoted by the )ourt %the rotation rule should be applied in harmony with, and not in derogation of, the sovereign will ofthe electorate as epressed through the ballot.%F#The December >4, 20>0 esolution



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The )ourt, in its December >4, 20>0 esolution, ordered the election of the :J*3I5* for the net term based on theinaccurate report of the pecial )ommittee. s a conse?uence thereof, !ibarios of I5*3:astern ;indanao is now theI5* *resident. @e, however, is part of the second rotational cycle because >L in Jele&, it was categorically ruled thatthe service of then :J* De Jera, representing the :astern ;indanao region, completed the first rotational cycleC and2L he could not be part of the first rotational cycle because :J* de Jera of the same region had already been electedas such.

It is to be noted that in the December >4, 20>0 esolution, the )ourt did not categorically overturn the ruling in Jele&.It merely directed the election of the net :J*, without any reference to any rotational cycle.To declare that the first rotational cycle as not yet completed will cause more confusion than solution. In fact, it hasspawned this current controversy. To consider the service of current president, !ibarios, as part of the first rotational

cycle would completely ignore the ruling in Jele&.

Th& %&t $ption) $p&n to All "&/ionTo avoid the endless conflicts, confusions and controversies which have been irritably plaguing the I5*, the solutionis to start another rotational round, a new cycle, open to all regions. t any rate, all regions, after the election of!ibarios, would be considered as already having its turn in the presidency. This is not to detract from the fact thatunder ection 41, as amended, and from the pertinent rulings, the position of :J*3I5* is the one being actuallyrotated, but as stated in the December >4, 20>0 esolution, it will enable the I5* %to start on a clean and correctslate, free from the politicking and the under handed tactics that have characteri&ed the I5* elections for so long.%

#&ction 47 o th& I% %La- ho*l' 8& *rth&r am&n'&'ection 41 and ection 4B of the I5* 5y3laws should again be amended. tress should be placed on the automatic

succession of the :J* to the position of the president. urprisingly, the automatic succession does not appear inpresent ection 41, as ordered amended by the )ourt in the December >4, 20>0 esolution. It should be restored.ccordingly, ection 41 and ection 4B, rticle JII, are recommended to read as follows+

ec. 41. :lection of -ational *resident :ecutive Jice *resident. / The Integrated 5ar of the *hilippines shall have a*resident, an :ecutive Jice *resident, and nine 8B9 regional 7overnors. The 7overnors shall be e3officio Jice*resident for their respective regions.

The 5oard of 7overnors shall elect the *resident and :ecutive Jice *resident from among themselves each by avote of at least five 8#9 7overnors. Apon epiration of the term of the *resident, the :ecutive Jice3*resident shallautomatically succeed as *resident.

:ach region, as enumerated under ection , ule >B3 of the ules of )ourt, shall have the opportunity to have itsrepresentative elected as :ecutive Jice3*resident, provided that, the election for the position of :ecutive Jice*resident shall be on a strict rotation by eclusion basis. region, whose representative has =ust been elected as:ecutive Jice *resident, can no longer have its representative elected for the same position in subse?uent electionsuntil after all regions have had the opportunity to be elected as such. t the end of the rotational cycle, all regions,ecept the region whose representative has =ust served the immediately preceding term, may be elected for anotherterm as :ecutive Jice3*resident in the new rotational cycle. The region whose representative served last in theprevious rotational cycle may be elected :ecutive Jice3*resident only after the first term of the new rotational cycleends, sub=ect once more to the rule on eclusion.



13/13

The order of rotation by eclusion shall be without pre=udice to the regions entering into a consensus to adopt anypre3ordained se?uence in the new rotation cycle provided each region will have its turn in the rotation.

violation of the rotation rule in any election shall be penali&ed by annulment of the election and dis?ualification ofthe offender from election or appointment to any office in the I5*.

:). 4B. Terms of office. 3 The *resident and the :ecutive Jice3*resident shall hold office for a term of two yearsfrom 6uly > following their election until 6une 0 of their second year in office and until their successors shall havebeen duly chosen and ?ualified.

In the event the *resident is absent or unable to act, his functions and duties shall be performed by the :ecutiveJice *resident, and in the event of the death, resignation, or removal of the *resident, the :ecutive Jice *residentshall serve as cting *resident for the unepired portion of the term. @is tenure as such shall not be considered anew turn in the rotation.

In the event of death, resignation, removal or disability of the :ecutive Jice *resident, the 5oard of Directors shallelect among the regions ?ualified to be elected as :ecutive Jice *resident to serve the unepired portion of theterm or period of disability.

In the event of the death, resignation, removal or disability of both the *resident and the :ecutive Jice *resident,the 5oard of 7overnors shall elect an cting *resident to hold office for the unepired portion of the term or duringthe period of disability. Anless otherwise provided in these 5y3!aws, all other officers and employees appointed by

the *resident with the consent of the 5oard shall hold office at the pleasure of the 5oard or for such term as the5oard may fi.

H&l')To further avoid conflicting and confusing rulings in the various I5* cases like what happened to this one, theDecember >4,20>0 esolution and Jele&, it is recommended that the )ourt create a committee for I5* affairs toprimarily attend to the problems and needs of a very important professional body and to make recommendation for itsimprovement and strengthening.

The )ourt hereby resolves to+

+? 1"ANT th& Motion or L&av& to Int&rv&n& an' to A'mit th& Attach&' &tition In Int&rv&ntion@2? D!CLA"! that th& &l&ction or th& poition o th& !V or th& 20++20+ t&rm 8& op&n to all r&/ion.? AM!ND #&ction 47 an' #&ction 4;, Articl& VII o th& I% %La- to r&a' a r&comm&n'&' in th& 8o' othi 'ipoition.4? C"!AT! a p&rman&nt Committ&& or I% Aair.#$ $"D!"!D.


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