DEMAREE J.B. RAVAL
The IBP story; another version (2)
Tuesday, 08 18, 2009
The following is a continuation of a paper circulated by concerned lawyers in reaction to the series of articles by former Justice Secretary Raul Gonzalez, himself a former chapter president of the Integrated Bar of the Philippines (IBP):
"Upon receiving the protest from Soriano, executive vice president and member of the Board of Governors (BoG) Rogelio Vinluan asked Bautista to call for a special meeting, as required by the By-laws, to address the matter. Bautista refused.
"Instead, Bautista sent a letter to Supreme Court Chief Justice Reynato Puno requesting for a clarification with regard to the interpretation of the By-laws provision pertaining to the election of additional delegates. Urging the Chief Justice to issue a clarificatory order, Bautista argued that "additional delegates shall be elected only from the remaining duly elected officers."
"Bautista failed to mention that Loanzon and Laqui, while elected officers, still failed to get themselves elected as delegates. Furthermore, he requested the clarificatory order two days after he already ruled through an April 24 memorandum that additional delegates should be officers to qualify — sweeping aside the April 23 resolution issued by five members of the BoG. In effect, he was seeking clarification on an action that he had already undertaken. He also did not inform the Chief Justice that a protest has already been filed by Soriano to the BoG in accordance with the procedures stated in the By-laws.
"With Bautista’s refusal, five members of the BoG called for a special meeting on April 30, 2009 to address the election protests involving the following IBP regions: Western Visayas, Western Mindanao and the GMR.
"Failing to get a response from the Chief Justice, Bautista’s next course of action was to send a letter to the BoG complaining that "to conduct a special meeting on April 30, 2009 to hear and resolve the election protests would amount to gross disregard of the basic requirements of due process and fair play." Bautista also issued a memorandum directing Marohomsalic (Western Mindanao), Fortunato (Western Visayas), and Maramba (GMR) to file their response to the protest within 10 days of their receipt of the memo — a period not provided by the By-laws and is far longer than the time frame given for the protest itself to be filed. The By-laws clearly stated that an election protest has to be filed with BoG within two days and that the BoG has to act on the protest immediately.
"On April 30, the BoG met and nullified the Greater Manila Region (GMR) elections for governor held on April 25, 2009. The special election for the seat of the GMR governor was scheduled for May 4, 2009.
"In attendance during the May 4 special election were Abelardo Estrada, Bonifacio Barandon, Evergisto Escalon. Raymund Jorge Mercado and EVP Rogelio Vinluan. The assembly took place at the IBP National Office and was held in accordance with the By-laws which states that special meetings may be called by five members of the board.
"The special election was held despite scare tactics and false information being floated around to discourage delegates from attending. Maramba’s supporters boycotted the elections but a small group was holed up in the third floor, apparently keeping watch of the unfolding events.
"Bautista was also a no-show at the election, although he found time to hold a press conference in the morning to complain about the supposed lack of due process by the BoG in handling Soriano’s protest.
"Magsino made an appearance just moments before the election proceedings began and declared it illegal, stating that only the governor of the GMR (meaning himself) has the right to call for and conduct an election in the said region. This was despite the fact that the election was scheduled by the BoG. A study of the By-laws revealed that no such authority has been vested on any single governor from any region. It is the BoG, as a body, that schedules the elections and not any single governor.
"The special election was conducted by the BoG with EVP Vinluan presiding to ensure impartiality. Also present was Governor Raymund Jorge Mercado. Serving as observer for the election was Judge Guillermo Agloro. Vinluan as presiding officer noted Magsino’s position, and proceeded with the special election as ordered by the BOG.
"Soriano was elected GMR governor. Soriano obtained 15 votes — acquiring a clear majority of the 25 delegates from the five chapters of GMR eligible to cast a ballot. His opponent, Maramba, did not attend.
"Five days later, the elections for the position of executive vice president was held at the National Office of the IBP in Ortigas. Soriano garnered six votes from his fellow members of the incoming BoG. Present were Amador Tolentino Jr. (Southern Luzon), Jose Cabrera (Bicolandia), Erwin Fortunato (Western Visayas), Roland Inting (Eastern Visayas), Benjamin Lanto (Western Mindanao), who voted unanimously for Soriano (Greater Manila Region). Presiding over the election was EVP Vinluan. Also present were outgoing IBP Governors Estrada, Barandon, Escalon and Mercado.
"Across the IBP Board Room at the Office of the President, Bautista held his own elections and proclaimed Roan Libarios as executive vice president.
"As a result, cases were filed at the Supreme Court to resolve the matter.
"Here, though incomplete, the story must come to a halt. Like the unconditional trust of a child to his mother, there is an unwavering faith that once the black robes are donned, personal biases and affiliations are cast aside and the case is viewed with fresh, probing, and clear eyes for what it truly is — that matter must be resolved in accordance with the dictates of the law, guided by the irrepressible spirit of justice, and revealed by the intense luminosity of truth."
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