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The
Supreme Court has recently clarified the so-called "rotation
rule" in the leadership governing the Integrated Bar
of the Philippines (IBP).
According
to its website, the High Tribunal en banc affirmed the election
of Atty. Rogelio A. Vinluan by the IBP Board of Governors
last year as the Executive Vice-President (EVP) for the term
2007-2009, ruling that his election did not violate the "rotation
rule."
The
"rotation rule," embodied in sec. 47, Art. VII of
the IBP by-laws, states that all IBP regions must take turns
in having a representative as EVP, who shall automatically
succeed to the IBP presidency.
It
is a product of Bar Matter No. 491, dated October 6, 1989,
In the Matter of the Inquiry into the 1989 Elections of the
Integrated Bar of the Philippines, where the Court restored
the former system of having the IBP President and EVP elected
by the Board of Governors from among themselves, as well as
the right of automatic succession by the EVP to the presidency
upon the expiration of their two-year term.
The
case stemmed from a letter of Atty. Ramon Edison C. Batacan,
the IBP Governor for the Eastern Mindanao Region, challenging
the election of Atty. Vinluan, IBP Governor for Southern Luzon
Region, as Executive Vice-President (EVP) for the term 2007-2009.
Attorney
Batacan claimed that the election of Atty. Vinluan was null
and void as it violated the "rotation rule."
Atty.
Batacan asserted that since Atty. Pura Angelica Y. Santiago
of IBP Southern Luzon had already been validly elected as
EVP on June 13, 2005, said region is disqualified from fielding
another candidate to the same post until all regions have
gotten their turns in holding the position. According to Atty.
Batacan, since Atty. Vinluan comes from IBP Southern Luzon
and the other regions have not had their turn in fielding
an EVP, Atty. Vinluan's election as EVP on April 25, 2007
is null and void.
The
Court ruled that the case of Atty. Vinluan is an exception
to the rotation rule and sustained the action of the Board
of Governors in proceeding with the election of its EVP wherein
Atty. Vinluan emerged as the winner. It took note that since
Atty. Santiago had voluntarily relinquished her post as EVP
seven days after she was elected, and had failed to take her
oath of office, the election of Atty. Santiago cannot be considered
"one turn" under the rotation rule.
The
rotation rule was reinstated in order to "restore the
non-political character of the IBP and reduce the temptation
of electioneering for the said posts."
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