Republic of the PhilippinesSUPREME COURTManilaEN BANCA.M. No. 491 October 6, 1989IN THE MATTER OF THE INQUIRY INTO THE 1989 ELECTIONS OF THE INTEGRATED BAR OF THE PHILIPPINES.PER CURIAM:In the election of the national officers of the Integrated Bar of the Philippines (hereafter "IBP") held on June 3, 1989 at the Philippine International Convention Center (or PICC), the following were elected by the House of Delegates (composed of 120 chapter presidents or their alternates) and proclaimed as officers:NAMEPOSITION

Atty. Violeta DrilonPresident

Atty. Bella TiroExecutive Vice-President

Atty. Salvador LaoChairman, House of Delegates

Atty. Renato F. RonquilloSecretary, House of Delegates

Atty. Teodoro QuicoyTreasurer, House of Delegates

Atty. Oscar BadellesSergeant at Arms, House of Delegates

Atty. Justiniano CortesGovernor & Vice-President for Northern Luzon

Atty. Ciriaco AtienzaGovernor & Vice-President for Central Luzon

Atty. Mario JalandoniGovernor & Vice-President for Metro Manila

Atty. Jose Aguilar GrapilonGovernor & Vice-President for Southern Luzon

Atty. Teodoro AlmineGovernor & Vice-President for Bicolandia

Atty. Porfirio SiyangcoGovernor & Vice-President for Eastern Visayas

Atty. Ricardo TeruelGovernor & Vice-President for Western Visayas

Atty. Gladys TiongcoGovernor & Vice-President for Eastern Mindanao

Atty. Simeon DatumanongGovernor & Vice-President for Western Mindanao

The newly-elected officers were set to take the their oath of office on July 4,1989, before the Supreme Court en banc. However,disturbed by the widespread reports received by some members of the Court from lawyers who had witnessed or participated in the proceedings and the adverse comments published in the columns of some newspapers about the intensive electioneering and overspending by the candidates, led by the main protagonists for the office of president of the association, namely, Attorneys Nereo Paculdo, Ramon Nisce, and Violeta C. Drilon, the alleged use of government planes, and the officious intervention of certain public officials to influence the voting, all of which were done in violation of the IBP By-Laws which prohibit such activities. The Supreme Courten banc, exercising its power of supervision over the Integrated Bar, resolved to suspend the oath-taking of the IBP officers-elect and to inquire into the veracity of the reports.It should be stated at the outset that the election process itself (i.e. the voting and the canvassing of votes on June 3, 1989) which was conducted by the "IBP Comelec," headed by Justice Reynato Puno of the Court of Appeals, was unanimously adjudged by the participants and observers to be above board. For Justice Puno took it upon himself to device safeguards to prevent tampering with, and marking of, the ballots.What the Court viewed with considerable concern was the reported electioneering and extravagance that characterized the campaign conducted by the three candidates for president of the IBP.I. MEDIA ACCOUNT OF THE ELECTION CAMPAIGN.Emil Jurado, in his column "IBP Group Questions Drilon Election" (Manila Standard, Sunday, June 17, 1989), Luis Mauricio, in two successive columns: "The Invertebrated Bar" (Malaya, June 10, 1989) and "The Disintegrating Bar" (Malaya, June 20, 1989), and Teodoro Locsin Jr. in an article, entitled "Pam-Pam" (The Philippines Free Press, July 8,1989), and the editorial, entitled 'Wrong Forum" of the Daily Globe (June 8, 1989), were unanimously critical of the "vote-buying and pressure tactics" allegedly employed in the campaign by the three principal candidates: Attys. Violeta C. Drilon, Nereo Paculdo and Ramon Nisce who reportedly "poured heart, soul, money and influence to win over the 120 IBP delegates."Mr. Jurado mentioned the resentment of Atty. Drilon's rivals who felt at a disadvantage because Atty. Drilon allegedly used PNB helicopters to visit far-flung IBP chapters on the pretext of distributing Bigay Puso donations, and she had the added advantage of having regional directors and labor arbiters of the Department of Labor and Employment (who had been granted leaves of absence by her husband, the Labor Secretary) campaigning for her. Jurado's informants alleged that there was rampant vote-buying by some members of the U.P. Sigma Rho Fraternity (Secretary Drilon's fraternity), as well as by some lawyers of ACCRA (Angara, Concepcion, Cruz, Regala and Abello Law Office) where Mrs. Drilon is employed, and that government positions were promised to others by the office of the Labor Secretary.Mr. Mauricio in his column wrote about the same matters and, in addition, mentioned "talk of personnel of the Department of Labor, especially conciliators and employers, notably Chinese Filipinos, giving aid and comfort to her (Atty. Drilon's) candidacy," the billeting of out-of-town delegates in plush hotels where they were reportedly "wined and dined continuously, womened and subjected to endless haggling over the price of their votes x x x" which allegedly "ranged from Pl5,000 to P20,000, and, on the day of the election, some twelve to twenty votes which were believed crucial, appreciated to P50,000."In his second column, Mr. Mauricio mentioned "how a top official of the judiciary allegedly involved himself in IBP politics on election day by closeting himself with campaigners as they plotted their election strategy in a room of the PICC (the Philippine International Convention Center where the convention/election were held) during a recess x x x."Mr. Locsin in his column and editorial substantially re-echoed Mauricio's reports with some embellishments.II. THE COURT'S DECISION TO INVESTIGATE.Responding to the critical reports, the Court, in itsen bancresolution dated June 15, 1989, directed the outgoing and incoming members of the IBP Board of Governors, the principal officers and Chairman of the House of Delegates to appear before it on Tuesday, June 20, 1989, at 2:00 o'clock p.m., and there to inform 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 and strengthening adherence to the fundamental principles of the IBP.In that resolution the Court "call[ed] to mind that a basic postulate of the Integrated Bar of the Philippines (IBP), heavily stressed at the time of its organization and commencement of existence, is that the IBP shall be non-political in character and that there shall be no lobbying nor campaigning in the choice of members of the Board of Governors and of the House of Delegates, and of the IBP officers, national, or regional, or chapter. The fundamental assumption was that officers, delegates and governors would be chosen on the basis of professional merit and willingness and ability to serve."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 Delegates, there is a widespread belief, based on reports carried by media and transmitted as well by word of mouth, that there was extensive and intensive campaigning by candidates for IBP positions as well as expenditure of considerable sums of money by candidates, including vote-buying, direct or indirect."The venerable retired Supreme Court Justice and IBP President Emeritus, Jose B.L. Reyes, attended the dialogue, upon invitation of the Court, to give counsel and advice. The meeting between the Courten banc on the one hand, and the outgoing and in coming IBP officers on the other, was an informal one. Thereafter, the Court resolved to conduct a formal inquiry to determine whether the prohibited acts and activities enumerated in the IBP By-Laws were committed before and during the 1989 elections of IBP's national officers.The Courten bancformed a committee and designated Senior Associate Justice Andres R. Narvasa, as Chairman, and Associate Justices Teodoro R. Padilla, Emilio A. Gancayco, Abraham F. Sarmiento, and Carolina C. Grio-Aquino, as members, to conduct the inquiry. The Clerk of Court, Atty. Daniel Martinez, acted as the committee's Recording Secretary.A total of forty-nine (49) witnesses appeared and testified in response to subpoenas issued by the Court to shed light on the conduct of the elections. The managers of three five-star hotels the Philippine Plaza, the Hyatt, and the Holiday Inn where the three protagonists (Drilon, Nisce and Paculdo) allegedly set up their respective headquarters and where they billeted their supporters were summoned. The officer of the Philippine National Bank and the Air Transport Office were called to enlighten the Court on the charge that an 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 Airlines officials were called to testify on the charge that some candidates gave free air fares to delegates to the convention. Officials of the Labor Department were also called to enable the Court to ascertain the truth of the reports that labor officials openly campaigned or worked for the election of Atty. Drilon.The newspaper columnists, Messrs. Luis Mauricio, Jesus Bigornia and Emil Jurado were subpoenaed to determine the nature of their sources of information relative to the IBP elections. Their stories were based, they said, on letters, phone calls and personal interviews with persons who claimed to have knowledge of the facts, but whom they, invoking the Press Freedom Law, refused to identify.The Committee has since submitted its Report after receiving, and analyzing and assessing evidence given by such persons as were perceived to have direct and personal knowledge of the relevant facts; and the Court, after deliberating thereon, has Resolved to accept and adopt the same.III. PROHIBITED ACTS AND PRACTICES UNDER IBP BY-LAWS.Article I, Section 4 of the IBP By-Laws emphasizes the "strictly non-political" character of the Integrated Bar of the Philippines, thus:"SEC. 4. Non-political Bar. The Integrated Bar is strictly non-political, and every activity tending to impair this basic feature is strictly prohibited and shall be penalized accordingly. No lawyer holding an elective, judicial, quasi-judicial, or prosecutory office in the Government or any political subdivision or instrumentality thereof shall be eligible for election or appointment to any position in the Integrated Bar or any Chapter thereof. A Delegate, Governor, officer or employee of the Integrated Bar, or an officer or employee of any Chapter thereof shall be consideredipso factoresigned from his position as of the moment he files his certificate of candidacy for any elective public office or accepts appointment to any judicial, quasi-judicial, or prosecutory office in the Government or any political subdivision or instrumentality thereof. "'Section 14 of the same By-Laws enumerates the prohibited acts relative to IBP elections:SEC. 14. Prohibited acts and practices relative to elections. The following acts and practices relative to election are prohibited, whether committed by a candidate for any elective office in the Integrated Bar or by any other member, directly or indirectly, in any form or manner, by himself or through another person:(a) Distribution, except on election day, of election campaign material;(b) Distribution, on election day, of election campaign material other than a statement of the biodata of a candidate on not more than one page of a legal-size sheet of paper; or causing distribution of such statement to be done by persons other than those authorized by the officer presiding at the elections;(c) Campaigning for or against any candidate, while holding an elective, judicial, quasi-judicial or prosecutory office in the Government or any political subdivision, agency or instrumentality thereof;(d) Formation of tickets, single slates, or combinations of candidates, as well as the advertisement thereof;(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 other indebtedness of any member; (2) giving of food, drink, entertainment, transportation or any article of value, or any similar consideration to any person; or (3) making a promise or causing an expenditure to be made, offered or promised to any person."Section 12(d) of the By-Laws prescribes sanctions for 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 Practices relative to elections) of the by-laws of the Integrated Bar shall be a ground for the disqualification of a candidate or his removal from office if elected, without prejudice to the imposition of sanctions upon any erring member pursuant to the By-laws of the Integrated Bar.At the formal investigation which was conducted by the investigating committee, the following violations were established:(1) Prohibited campaigning and solicitation of votes by the candidates for president, executive vice-president, the officers of candidate the House of Delegates and Board of Governors.The three candidates for IBP President Drilon, Nisce and Paculdo began travelling around the country to solicit the votes of delegates as early as April 1989. Upon the invitation of IBP President, Leon Garcia, Jr. (t.s.n., July 13,1989, p. 4), they attended the Bench and Bar dialogues held in Cotabato in April 1989 (t.s.n., June 29, 1989, p. 123), in Tagaytay City, Pampanga, and in Baguio City (during the conference of chapter presidents of Northern Luzon (t.s.n., July 3,1989, p. 113; t.s.n., July 10, p. 41; t.s.n., July 13, p. 47) where they announced their candidacies and met the chapter presidents.Atty. Nisce admitted that he went around the country seeking the help of IBP chapter officers, soliciting their votes, and securing their written endorsements. He personally hand-carried nomination forms and requested the chapter presidents and delegates to fill up and sign the forms to formalize their commitment to his nomination for IBP President. He started campaigning and distributing the nomination forms in March 1989 after the chapter elections which determined the membership of the House of Delegates composed of the 120 chapter presidents (t.s.n., June 29, 1989, pp. 82-86). He obtained forty (40) commitments. He submitted photocopies of his nomination forms which read:"Nomination FormI Join in NominatingRAMON M. NISCEasNational President of theIntegrated Bar of the Philippines______________ _______________Chapter Signature"Among those who signed the nomination forms were: Onofre P. Tejada, Candido P. Balbin, Jr., Conizado V. Posadas, Quirico L. Quirico Ernesto S. Salun-at, Gloria C. Agunos, Oscar B. Bernardo, Feliciano F. Wycoco, Amor L. Ibarra, Jose M. Atienza, Jose N. Contreras, Romeo T. Mendoza, Leo C. Medialdea, Jr., Paulino G. Clarin, Julius Z. Neil, Roem J. Arbolado Democrito M. Perez, Abelardo Fermin, Diosdado B. Villarin, Jr., Daniel C. Macaraeg, Confesor R. Sansano Dionisio E. Bala, Jr., Emesto A. Amores, Romeo V. Pefianco, Augurio C. Pamintuan, Atlee T. Viray, Ceferino C. Cabanas, Jose S. Buban, Diosdado Z. Reloj, Jr., Cesar C. Viola, Oscar C. Fernandez, Ricardo B. Teruel Rodrigo R. Flores, Sixto Marella, Jr., Arsenio C. Villalon, Renato F. Ronquillo, Antonio G. Nalapo Romualdo A. Din Jr., Jose P. Icaonapo Jr., and Manuel S. Person.Atty. Nisce admitted that he reserved rooms at the Hyatt Hotel based on the commitments he had obtained (t.s.n., June 29, 1989, pp. 82-85). Unfortunately, despite those formal commitments, he obtained only 14 votes in the election (t.s.n., June 29, 1 989, p. 86). The reason, he said, is that. some of those who had committed their votes to him were "manipulated, intimidated, pressured, or remunerated" (t.s.n., June 29,1989, pp. 8695; Exhibit "M-4-Nisce," t.s.n., July 4, 1989, pp. 100-1 04).(2) Use of PNB plane in the campaign.The records of the Philippine National Bank (Exhibit C-1-Crudo and Exhibit C-2-Crudo) show that Secretary Fulgencio S. Factoran, Jr. of the Department of Environment & Natural Resources (DENR) borrowed a plane from the Philippine National Bank for his Bicol CORD (Cabinet Officers for Regional Development) Assistant, Undersecretary Antonio Tria. The plane manifest (Exh. C-2-Crudo) listed Atty. Violeta Drilon, Arturo Tusi (Tiu), Assistant Secretary for Environment and Natural Resources (DENR) Tony Tria, Atty. Gladys Tiongco, and Amy Wong. Except for Tony Tria, the rest of the passengers were IBP candidates.Atty. Drilon admitted that she "hitched" a ride on a PNB plane. She said that she was informed by Atty. Tiu about the availability of a PNB plane (t.s.n., July 3,1989, pp. 116-118).Atty. Tiu, who ran for the position of IBP executive vice-president in the Drilon ticket, testified that sometime in May 1989 he failed to obtain booking from the Philippine Airlines for the projected trip of his group to Bicol. He went to the DENR allegedly to follow up some papers for a client. While at the DENR, he learned that Assistant Secretary Tria was going on an official business in Bicol for Secretary Fulgencio Factoran and that he would be taking a PNB plane. As Assistant Secretary Tria is his fraternity brother, he asked if he, together with the Drilon group, could hitch a ride on the plane to Bicol. His request was granted. Their purpose in going to Bicol was to assess their chances in the IBP elections. The Drilon company talked with the IBP chapter presidents in Daet, Naga, and Legaspi, and asked for their support (t.s.n., July 10, 1989, pp. 549).Assistant Secretary Antonio S. Tria confirmed the use of a PNB plane by Atty. Drilon and her group. He recalled that on May 23,1989, DENR Secretary Factoran instructed him to go to Bicol to monitor certain regional development projects there and to survey the effect of the typhoon that hit the region in the middle of May. On the same day, Atty. Tiu, a fraternity brother (meaning that Tiu belongs to the Sigma Rho fraternity) went to the DENR office and requested the Secretary (Factoran) if he (Tiu) could be allowed to hitch a ride on the plane. Assistant Secretary Tria, together with the Drilon group which included Attorneys Drilon, Grapilon, Amy Wong, Gladys Tiongco, and Tiu, took off at the Domestic Airport bound for Naga, Daet and Legaspi. In Legaspi the Drilon group had lunch with Atty. Vicente Real, Jr., an IBP chapter president (t.s.n., July 10, 1989, pp. 54-69).(3) Formation of tickets and single slates.The three candidates, Paculdo, Nisce and Drilon, admitted having formed their own slates for the election of IBP national officers on June 3, 1989.Atty. Paculdo's slate consisted of himself for President; Bella D. Tiro, for Executive Vice-President; and for Governors: Justiniano P. Cortez (Northern Luzon), Oscar C. Fernandez (Central Luzon), Mario C.V. Jalandoni (Greater Manila), Petronilo A. de la Cruz (Southern Luzon), Teodorico C. Almine, Jr. (Bicolandia), Ricardo B. Teruel (Western Visayas), Porfirio P. Siyangco (Eastern Visayas), Jesus S. Anonat (Western Mindanao), Guerrero A. Adaza, Jr. (Eastern Mindanao) (Exhibit M-Nisce).The Drilon ticket consisted of. Violeta C. Drilon for President, Arturo Tiu for Executive Vice President, Salvador Lao for Chairman of the House of Delegates, and, for Governors: Basil Rupisan (Northern 'Luzon), Acong Atienza (Central Luzon), Amy Wong (Metro Manila), Jose Grapilon (Southern Tagalog), Teodoro Almine (Bicolandia), Baldomero Estenzo (Eastern Visayas), Joelito Barrera (Western Visayas), Gladys Tiongco (Eastern Mindanao), Simeon Datumanong (Western Mindanao) (Exhibit M-1-Nisce).Atty. Ramon N. Nisce's line-up listed himself and Confessor B. Sansano Benjamin B. Bernardino, Antonio L. Nalapo Renato F. Ronquillo, Gloria C. Agunos, Mario Valderrama, Candido P. Balbin Jr., Oscar C. Fernandez, Cesar G. Viola, Leo C. Medialdea, Jr., Vicente P. Tordilla, Jr., Jose S. Buban, Joel A. Llosa, Jesus T. Albacite and Oscar V. Badelles.(4) Giving free transportation to out-of-town delegates and alternates.Atty. Nisce admitted having bought plane tickets for some delegates to the convention. He mentioned Oscar Badelles to whom he gave four round-trip tickets (worth about P10,000) from Iligan City to Manila and back. Badelles was a voting delegate. Nisce, however, failed to get a written commitment from him because Atty. Medialdea assured him (Nisce) "sigurado na 'yan, h'wag mo nang papirmahin." Badelles won as sergeant-at-arms, not in Nisce's ticket, but in that of Drilon.Badelles admitted that Nisce sent him three airplane tickets, but he Badelles said that he did not use them, because if he did, he would be committed to Nisce, and he Badelles did not want to be committed (t.s.n., July 4,1989, pp. 77-79, 95-96).Nisce also sent a plane ticket to Atty. Atilano, who was his candidate, and another ticket to Mrs. Linda Lim of Zamboanga. Records of the Philippine Airlines showed that Atty. Nisce paid for the plane tickets of Vicente Real, Jr. (Exh. D-1-Calica), Romeo Fortes (Exh. D-1-Calica), Cesar Batica (Exh. D-2-Calica), Jose Buban of Leyte (Exh. D-2-Calica), Delsanto Resuello (Exh. D-3- Calica), and Ceferino Cabanas (Exh. D-3-Calica).In spite of his efforts and expense, only one of Nisce's candidates won: Renato Ronquillo of Manila 4, as Secretary of the House of Delegates (t.s.n. July 3, p. 161).(5) Giving free hotel accommodations, food, drinks, entertainment to delegates.(a) ATTY. NEREO PACULDOAtty. Paculdo alleged that he booked 24 regular rooms and three suites at the Holiday Inn, which served as his headquarters. The 24 rooms were to be occupied by his staff (mostly ladies) and the IBP delegates. The three 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 Holiday Inn, where a room cost P990 per day with breakfast.Those listed as guests of Atty. Paculdo at the Holiday Inn were: Emesto C. Perez, Tolomeo Ligutan Judge Alfonso Combong, Ricardo Caliwag, Antonio Bisnar, Benedicto Balajadia, Jesus Castro, Restituto Villanueva, Serapio Cribe Juanita Subia, Teodorico J. Almine, Rudy Gumban, Roem Arbolado, Ricardo Teruel, Shirley Moises, Ramon Roco, Alberto Trinidad, Teodoro Quicoy Manito Lucero, Fred Cledera Vicente Tordilla, Julian Ocampo, Francisco Felizmenio Marvel Clavecilla, Amador Capiral, Eufronio Maristela, Porfirio Siyangco, William Llanes, Jr., Marciano Neri, Guerrero Adaza, Diosdado Peralta, Luis C. Formilleza, Jr., Democrito Perez, Bruno Flores, Dennis Rendon, Judge Ceferino Chan, Mario Jalandoni, Kenneth Siruelo Bella Tiro, Antonio Santos, Tiburcio Edano James Tan, Cesilo A. Adaza, Francisco Roxas, Angelita Gacutan, Jesse Pimentel, Judge Jaime Hamoy, Jesus Anonat, Carlos Egay, Judge Carlito Eisma, Judge Jesus Carbon, Joven Zach, and Benjamin Padon.Noel de Guzman, Holiday Inn's credit manager, testified that Atty. Paculdo booked 52 (not 24) rooms, including the presidential suite, which was used as the Secretariat. The group bookings were made by Atty. Gloria Paculdo, the wife of Nereo Paculdo (t.s.n. June 28, 1989, pp. 63-68). The total sum of P227,114.89 was paid to Holiday Inn for the use of the rooms.(b) ATTY. VIOLETA C. DRILONThe delegates and supporters of Atty. Drilon were billeted at the Philippine Plaza Hotel where her campaign manager, Atty. Renato Callanta, booked 40 rooms, 5 of which were suites. According to Ms. Villanueva, Philippine Plaza banquet and conventions manager, the contract that Atty. Callanta signed with the Philippine Plaza was made in the name of the "IBP c/o Atty. Callanta."Mrs. Lourdes Juco, a sales manager of the Philippine Plaza, recalled that it was Mr. Mariano Benedicto who first came to book rooms for the IBP delegates. She suggested that he obtain a group (or discounted) rate. He gave her the name of Atty. Callanta who would make the arrangements with her. Mr. Benedicto turned out to be the Assistant Secretary of the Department of Labor and Employment (DOLE).The total sum of P316,411.53 was paid by Atty. Callanta for the rooms, food, and beverages consumed by the Drilon group, with an unpaid balance of P302,197.30. Per Attorney Daniel Martinez's last telephone conversation with Ms. Villanueva, Atty. Callanta still has an outstanding account of P232,782.65 at Philippine Plaza.Atty. Callanta admitted that he signed the contract for 40 rooms at the Philippine Plaza. He made a downpayment of P123,000. His "working sheet' showed that the following persons contributed for that down payment:(a) Nilo Pena (Quasha Law Office)P 25,000

(b) Antonio Carpio20,000

(c) Toto Ferrer (Carpio Law Office)10,000

(d) Jay Castro10,000

(e) Danny Deen20,000

(f) Angangco Tan (Angara Law Office)10,000

(g) Alfonso Reyno20,000

(h) Cosme Rossel15,300

(t.s.n. July 4, 1 989, pp. 3-4)Atty. Callanta explained that the above listed persons have been contributing money every time the IBP embarks on a project. This time, they contributed so that their partners or associates could attend the legal aid seminar and the IBP convention too.Atty. Drilon alleged that she did not know that Atty. Callanta had billeted her delegates at the Philippine Plaza. She allegedly did not also know in whose name the room she occupied was registered. But she did ask for a room where she could rest during the convention. She admitted, however, that she paid for her hotel room and meals to Atty. Callanta, through Atty. Loanzon (t.s.n. July 3,1989).The following were listed as having occupied the rooms reserved by Atty. Callanta at the Philippine Plaza: Violeta Drilon, Victoria A. Verciles, Victoria C. Loanzon, Leopoldo A. Consulto Ador Lao, Victoria Borra, Aimee Wong, Callanta, Pena, Tiu, Gallardo, Acong Atienza, D. Bernardo, Amores, Silao Caingat, Manuel Yuson, Simeon Datumanong, Manuel Pecson, Sixto Marella, Joselito Barrera, Radon Macalalag, Oscar Badelles, Antonio Acyatan, Ildefonso C. Puerto, Nestor Atienza, Gil Batula Array Corot, Dimakuta Corot Romeo Fortes Irving Petilla, Teodoro Palma, Gil Palma, Danilo Deen, Delsanto, Resuello, Araneta, Vicente Real, Sylvio Casuncad Espina, Guerrero, Julius Neri, Linda Lim, Ben Lim, C. Batica, Luis Formilleza, Felix Macalag Mariano Benedicto, Atilano, Araneta, Renato Callanta.Atty. Nilo Pena admitted that the Quasha Law Office of which he is a senior partner, gave P25,000 to Callanta for rooms at the Philippine Plaza so that some members of his law firm could campaign for the Drilon group (t.s.n. July 5,1989, pp. 7678) during the legal aid seminar and the IBP convention. Most of the members of his law firm are fraternity brothers of Secretary Drilon (meaning, members of the Sigma Rho Fraternity). He admitted being sympathetic to the candidacy of Atty. Drilon and the members of her slate, two of whom Jose Grapilon and Simeon Datumanong are Sigma Rhoans. They consider Atty. Drilon as a "sigma rho sister," her husband being a sigma rhoan.Atty. Antonio Carpio, also a Sigma Rhoan, reserved a room for the members of his own firm who attended the legal aid seminar and the convention. He made the reservation through Atty. Callanta to whom he paid P20,000 (t.s.n. July 6,1989, pp. 30-34).Atty. Carpio assisted Atty. Drilon in her campaign during the convention, by soliciting the votes of delegates he knew, like Atty. Albacite his former teacher (but the latter was already committed to Nisce), and Atty. Romy Fortes, a classmate of his in the U.P. College of Law (t. t.s.n. July 6, 1989, pp. 22, 29, 39).(c) ATTY. RAMON NISCE.Atty. Nisce, through his brother-in-law, Ricardo Paras, entered into a contract with the Hyatt Hotel for a total of 29 rooms plus one (1) seventh-floor room. He made a downpayment of P20,000 (t.s.n. June 28, 1989, p. 58) on April 20, 1989, and P37,632.45 on May 10, or a total of P57,632.45.Ms. Cecile Flores, Ms. Milagros Ocampo, and Mr. Ramon Jacinto, the sales department manager, credit manager, and reservation manager, respectively of the Hyatt, testified that Atty. Nisce's bill amounted to P216,127.74 (t.s.n. June 28, 1989, pp. 57-58; Exhibits E-Flores, F-Jacinto G-Ocampo).As earlier mentioned, Atty. Nisce admitted that he reserved rooms for those who committed themselves to his candidacy.The hotel guests of Atty. Nisce were: Gloria Agunos Dennis Habanel B. Batula, John E. Asuncion, Reynaldo Cortes, Lourdes Santos, Elmer Datuin, Romualdo Din, Antonio Nalapo, Israel Damasco, Candido Balbin, Serrano Balot, Ibarra, Joel Llosa, Eltanal, Ruperto, Asuncion, Q. Pilotin Reymundo P. Guzman, Zoilo Aguinaldo, Clarin, R. Ronquillo, Dominador Carillo, Filomeno Balinas, Ernesto Sabulan, Yusop Pangadapun, A. Viray, Icampo, Abelardo Fermin, C. Quiaoit, Augurio Pamintuan, Daniel Macaraeg, Onofre Tejada.(6) Campaigning by labor officials for Atty. Violeta DrilonIn violation of the prohibition against "campaigning for or against a candidate while holding an elective, judicial, quasi-judicial, or prosecutory office in the Government' (Sec. 14[c], Art. I, IBP By-Laws), Mariano E. Benedicto II, Assistant Secretary, Department of Labor and Employment, testified that he took a leave of absence from his office to attend the IBP convention. He stayed at the Philippine Plaza with the Drilon group admittedly to give "some moral assistance" to Atty. Violeta Drilon. He did so because he is a member of the Sigma Rho Fraternity. When asked about the significance of Sigma Rho, Secretary Benedicto explained: "More than the husband of Mrs. Drilon being my boss, the significance there is that the husband is my brother in the Sigma Rho."He cheered up Mrs., Drilon when her spirits were low. He talked to her immediate circle which included Art Tiu, Tony Carpio, Nilo Pena, Amy Wong, Atty. Grapilon, Victor Lazatin, and Boy Reyno. They assessed the progress of the campaign, and measured the strengths and weaknesses of the other groups The group had sessions as early as the later part of May.Room 114, the suite listed in the name of Assistant Secretary Benedicto toted up a bill of P23,110 during the 2-day IBP convention/election. A total of 113 phone calls (amounting to Pl,356) were recorded as emanating from his room.Opposite Room 114, was Room 112, also a suite, listed in the names of Mrs. Drilon, Gladys Tiongco (candidate for Governor, Eastern Mindanao) and Amy Wong (candidate for Governor, Metro Manila). These two rooms served as the "action center' or "war room" where campaign strategies were discussed before and during the convention. It was in these rooms where the supporters of the Drilon group, like Attys. Carpio, Callanta, Benedicto, the Quasha and the ACCRA lawyers met to plot their moves.(7) Paying the dues or other indebtedness of any number (Sec. 14[e], IBP BY-Laws).Atty. Teresita C. Sison, IBP Treasurer, testified that she has heard of candidates paying the IBP dues of lawyers who promised to vote for or support them, but she has no way of ascertaining whether it was a candidate who paid the delinquent dues of another, because the receipts are issued in the name of the member for whom payment is made (t.s.n. June 28, 1989, pp. 24-28).She has noticed, though, that there is an upsurge of payments in March, April, May during any election year. This year, the collections increased by P100,000 over that of last year (a non-election year from Pl,413,425 to Pl,524,875 (t.s.n. June 28, 1989, p. 25).(8) Distribution of materials other than bio-data of not more than one page of legal size sheet of paper (Sec. 14[a], IBP By-Laws).On the convention floor on the day of the election, Atty. Paculdo caused to be distributed his bio-data and copies of a leaflet entitled "My Quest," as wen as, the lists of his slate. Attys. Drilon and Nisce similarly distributed their tickets and bio-data.The campaign materials of Atty. Paculdo cost from P15,000 to P20,000. They were printed by his own printing shop.(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. Paculdo employed uniformed girls to distribute his campaign materials on the convention floor. Atty. Carpio noted that there were more campaign materials distributed at the convention site this year than in previous years. The election was more heated and expensive (t.s.n. July 6,1989, p. 39).Atty. Benjamin Bernardino, the incumbent President of the IBP Rizal Chapter, and a candidate for chairman of the House of Delegates on Nisce's ticket, testified that campaign materials were distributed during the convention by girls and by lawyers. He saw members of the ACCRA law firm campaigning for Atty. Drilon (t.s.n. July 3,1989, pp. 142-145).(10) Inducing or influencing a member to withhold his vote, or to vote for or against a candidate (Sec. 14[e], IBP BY-Laws).Atty. Bernardino disclosed that his cousin, Atty. Romeo Capulong, urged him to withdraw his candidacy for chairman of the House of Delegates and to run as vice-chairman in Violy Drilon's slate, but he declined (t.s.n. July 3,1989, pp. 137, 149).Atty. Gloria Agunos personnel director of the Hyatt Terraces Hotel in Baguio and president of the Baguio-Benguet IBP Chapter, recalled that in the third week of May 1989, after the Tripartite meet of the Department of Labor & Employment at the Green Valley Country Club in Baguio City, she met Atty. Drilon, together with two labor officers of Region 1, Attys. Filomeno Balbin and Atty. Mansala Atty. Drilon solicited her (Atty. Agunos') vote and invited her to stay at the Philippine Plaza where a room would be available for her. Atty. Paculdo also tried to enlist her support during the chapter presidents' meeting to choose their nominee for governor for the Northern Luzon region (t.s.n. July 13,1989, pp. 43-54).Atty. Nisce testified that a Manila Chapter 4 delegate, Marcial Magsino, who had earlier committed his vote to Nisce changed his mind when he was offered a judgeship (This statement, however, is admittedly hearsay). When Nisce confronted Magsino about the alleged offer, the latter denied that there was such an offer. Nisce's informant was Antonio G. Nalapo an IBP candidate who also withdrew.Another Nisce candidate, Cesar Viola, withdrew from the race and refused to be nominated (t.s.n. June 29, 1989, p. 104). Vicente P. Tordilla who was Nisce's candidate for Governor became Paculdo's candidate instead (t.s.n. June 29, 1989, p. 104).Nisce recalled that during the Bench and Bar Dialogue in Cotabato City, Court Administrator Tiro went around saying, "I am not campaigning, but my wife is a candidate." Nisce said that the presidents of several IBP chapters informed him that labor officials were campaigning for Mrs. Drilon (t.s.n. June 29,1989, pp. 109-110). He mentioned Ciony de la Cerna, who allegedly campaigned in La Union (t.s.n. June 29,1989,p.111)Atty. Joel A. Llosa, Nisce's supporter and candidate for governor of the Western Visayas, expressed his disappointment over the IBP elections because some delegates flip-flopped from one camp to another. He testified that when he arrived at the Manila Domestic Airport he was met by an assistant regional director of the DOLE who offered to bring him to the Philippine Plaza, but he declined the offer. During the legal aid seminar, Atty. Drilon invited him to transfer to the Philippine Plaza where a room had been reserved for him. He declined the invitation (t.s.n. July 4,1989, pp. 102-106).Atty. Llosa said that while he was still in Dumaguete City, he already knew that the three candidates had 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 the elections, representatives of Atty. Drilon went to Dumaguete City to campaign. He mentioned Atty. Rodil Montebon of the ACCRA Law Office, accompanied by Atty. Julve the Assistant Regional Director of the Department of Labor in Dumaguete City. These two, he said, offered to give him two PAL tickets and accommodations at the Philippine Plaza (t.s.n. July 4,1989, pp. 101-104). But he declined the offer because he was already committed to Atty. Nisce.Atty. Llosa also revealed that before he left for Manila on May 31, 1989, a businessman, Henry Dy, approached him to convince him to vote for Atty. Paculdo. But Llosa told Dy that he was already committed to Nisce.He did not receive any plane tickets from Atty. Nisce because he and his two companions (Atty. Eltanal and Atty. Ruperto) had earlier bought their own tickets for Manila (t.s.n. July 4, 1989, p. 101).SUMMARY OF CAMPAIGN EXPENSES INCURREDBY THE CANDIDATESAtty. Paculdo admitted having spent some P250,000 during his three weeks of campaigning. Of this amount, the Capitol Bar Association (of which he was the chapter president) contributed about P150,000. The Capitol Bar Association is a voluntary bar association composed of Quezon City lawyers.He spent about P100,000 to defray the expenses of his trips to the provinces (Bicol provinces, Pampanga, Abra, Mountain Province and Bulacan) (t.s.n. June 29,1989, pp. 9-14).Atty. Nisce's hotel bills at the Hyatt amounted to P216,127.74. This does not include the expenses for his campaign which began several months before the June 3rd election, and his purchases of airplane tickets for some delegates.The records of the Philippine Plaza Hotel, headquarters of Atty. Drilon's camp, showed that her campaign rang up over P600,000 in hotel bills. Atty. Callanta paid P316,411.53 for the rooms, food, and beverage consumed by Atty. Drilon's supporters, but still left an unpaid bill of P302,197.30 at convention's end.FINDINGS.From all the foregoing, it is evident that the manner in which the principal candidates for the national positions in the Integrated Bar conducted their campaign preparatory to the elections on June 3, 1989, violated Section 14 of the IBP By-Laws and made a travesty of the idea of a "strictly non-political" Integrated Bar enshrined in Section 4 of the By-Laws.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 The Hyatt the better for them to corral and entertain the delegates billeted therein; the island hopping to solicit the votes of the chapter presidents who comprise the 120-member House of Delegates that elects the national officers and regional governors; the formation of tickets, slates, or line-ups of candidates for the other elective positions aligned with, or supporting, either Drilon, Paculdo or Nisce; the procurement of written commitments and the distribution of nomination forms to be filled up by the delegates; the reservation of rooms for delegates in three big hotels, at the expense of the presidential candidates; the use of a PNB plane by Drilon and some members of her ticket to enable them to "assess their chances" among the chapter presidents in the Bicol provinces; the printing and distribution of tickets and bio-data of the candidates which in the case of Paculdo admittedly cost him some P15,000 to P20,000; the employment of uniformed girls (by Paculdo) and lawyers (by Drilon) to distribute their campaign materials on the convention floor on the day of the election; the giving of assistance by the Undersecretary of Labor to Mrs. Drilon and her group; the use of labor arbiters to meet delegates at the airport and escort them to the Philippine Plaza Hotel; the giving of pre-paid plane tickets and hotel accommodations to delegates (and some families who accompanied them) in exchange for their support; the pirating of some candidates by inducing them to "hop" or "flipflop" from one ticket to another for some rumored consideration; all these practices made a political circus of the proceedings and tainted the whole election process.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 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.CONCLUSIONS.It has been mentioned with no little insistence that the provision in the 1987 Constitution (See. 8, Art. VIII) providing for a Judicial and Bar Council composed of seven (7) members among whom is "a representative of the Integrated Bar," tasked to participate in the selection of nominees for appointment to vacant positions in the judiciary, may be the reason why the position of IBP president has attracted so much interest among the lawyers. The much coveted "power" erroneously perceived to be inherent in that office might have caused the corruption of the IBP elections. To impress upon the participants in that electoral exercise the seriousness of the misconduct which attended it and the stern disapproval with which it is viewed by this Court, and to restore the non-political character of the IBP and reduce, if not entirely eliminate, expensive electioneering for the top positions in the organization which, as the recently concluded elections revealed, spawned unethical practices which seriously diminished the stature of the IBP as an association of the practitioners of a noble and honored profession, the Court hereby ORDERS:1. The IBP elections held on June3,1989 should be as they are hereby annulled.2. The provisions of the IBP By-Laws for the direct election by the House of Delegates (approved by this Court in its resolution of July 9, 1985 in Bar Matter No. 287) of the following national officers:(a) the officers of the House of Delegates;(b) the IBP president; and(c) the executive vice-president,be repealed, this Court being empowered to amend, modify or repeal the By-Laws of the IBP under Section 77, Art. XI of said By-Laws.3. The former system of having the IBP President and Executive Vice-President elected by the Board of Governors (composed of the governors of the nine [91 IBP regions) from among themselves (as provided in Sec. 47, Art. VII, Original IBP By-Laws) should be restored. The right of automatic succession by the 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 Matter No. 287) should be as it is hereby restored.4. At the end of the President's two-year term, the Executive Vice-President shall automatically succeed to the office of president. The incoming board of governors shall then elect an Executive Vice-President from among themselves. The position of Executive Vice-President shall be rotated among the nine (9) IBP regions. One who has served as president may not run for election as Executive Vice-President in a succeeding election until after the rotation of the presidency among the nine (9) regions shall have been completed; whereupon, the rotation shall begin anew.5. Section 47 of Article VII is hereby amended to read as follows:Section 47. National Officers. The Integrated Bar of the Philippines shall have a President and Executive Vice-President to be chosen by the Board of Governors from among nine (9) regional governors, as much as practicable, on a rotation basis. The governors shall beex oficioVice-President for their respective regions. There shall also be a Secretary and Treasurer of the Board of Governors to be appointed by the President with the consent of the Board.6. Section 33(b), Art. V, IBP By-Laws, is hereby amended as follows:(b) The President and Executive Vice President of the IBP shall be the Chairman and Vice-Chairman, respectively, of the House of Delegates. The Secretary, Treasurer, and Sergeant-at-Arms shall be appointed by the President with the consent of the House of Delegates.'7. Section 33(g) of Article V providing for the positions of Chairman, Vice-Chairman, Secretary-Treasurer and Sergeant-at- Arms of the House of Delegates is hereby repealed8. Section 37, Article VI is hereby amended to read as follows:Section 37. Composition of the Board. The Integrated Bar of the Philippines shall be governed by a Board of Governors consisting of nine (9) Governors from the nine (9) regions as delineated in Section 3 of the Integration Rule, on the representation basis of one (1) Governor for each region to be elected by the members of the House of Delegates from that region only. The position of Governor should be rotated among the different Chapters in the region.9. Section 39, Article V is hereby amended as follows:Section 39. Nomination and election of the Governors at least one (1) month before the national convention the delegates from each region shall elect the governor for their region, the choice of which shall as much as possible be rotated among the chapters in the region.10. Section33(a), Article V hereby is amended by addingthe following provision as part of the first paragraph:No convention of the House of Delegates nor of the general membership shall be held prior to any election in an election year.11. Section 39, (a), (b), (1), (2), (3), (4), (5), (6), and (7) of Article VI should be as they are hereby deleted.All other provisions of the By-Laws including its amendment by the Resolutionen bancof this Court of July 9, 1985 (Bar Matter No. 287) that are inconsistent herewith are hereby repealed or modified.12. Special elections for the Board of Governors shall be held in the nine (9) IBP regions within three (3) months, after the promulgation of the Court's resolution in this case. Within thirty (30) days thereafter, the Board of Governors shall meet at the IBP Central Office in Manila to elect from among themselves the IBP national president and executive vice-president. In these special elections, the candidates in the election of the national officers held on June 3,1989, particularly identified in Sub-Head 3 of this Resolution entitled "Formation of Tickets and Single Slates," as well as those identified in this Resolution as connected with any of the irregularities attendant upon that election, are ineligible and may not present themselves as candidate for any position.13. Pending such special elections, a caretaker board shall be appointed by the Court to administer the affairs of the IBP. The Court makes clear that the dispositions here made are without prejudice to its adoption in due time of such further and other measures as are warranted in the premises.SO ORDERED.Narvasa, Melencio-Herrera, Cruz, Paras, Feliciano, Gancayco, Padilla. Bidin, Sarmiento, Cortes, Grio-Aquino and Regalado, JJ., concur.Fernan, C.J. and Medialdea, J., took no part.Gutierrez, Jr., J., is on leave.

Republic of the PhilippinesSUPREME COURTManilaEN BANCA.C. No. 3694 June 17, 1993ALBERTO FERNANDEZ, ISABELO ONGTENGCO, ACHILLES BARTOLOME, AND ST. LUKES MEDICAL CENTER,complainants,vs.ATTORNEY BENJAMIN M. GRECIA,respondent.Norberto Gonzales for Fernandez.Bu Castro for Ongtengco & Bartolome.Quasha, Asperilla, Ancheta, Pea & Nolasco for St. Luke's Hospital.Joaquin P. Yuseco for respondent Benjamin Grecia.PER CURIAM:This disbarment complaint against Attorney Benjamin M. Grecia was filed on August 20, 1991 by Doctors Alberto Fernandez, Isabelo Ongtengco and Achilles Bartolome and the St. Luke's Medical Center (hereafter "St. Luke's" for brevity) where they are accredited medical practitioners. The respondent is charged with dishonesty and grave misconduct in connection with the theft of some pages from a medical chart which was material evidence in a damage suit filed by his clients against the aforenamed doctors and St. Luke's.Disciplinary proceedings like this one are in a class by themselves. As we observed inIn Re Almacen, 31 SCRA 562,600, they are neither purely civil nor purely criminal. "Public interests is the primary objective, and the real question for determination is whether or not the attorney is still a fit person to be allowed the privileges as such." The purpose is "to protect the court and the public from the misconduct of officers of the court" (In Re Montagne & Dominguez, 3 Phil. 577, 588), or to remove from the profession a person whose misconduct has proved him unfit to be entrusted with the duties and responsibilities belonging to the office of an attorney (Ledesma vs. Climaco, 57 SCRA 473; Atienza vs. Evangelista, 80 SCRA 338).Disbarment is nothing new to respondent Grecia. On November 12, 1987, he was disbarred for his immoral complicity or "unholy alliance" with a judge in Quezon City to rip off banks and Chinese business firms which had the misfortune to be sued in the latter's court (Prudential Bank vs. Judge Jose P. Castro and Atty. Benjamin M. Grecia [Adm. Case No. 2756], 155 SCRA 604).Three years later, on December 18, 1990, the Court, heeding his pleas for compassions and his promise to mend his ways, reinstated him in the profession. Only eight (8) months later, on August 20, 1991, he was back before the court facing another charge of dishonesty and unethical practice. Apparently, the earlier disciplinary action that the Court took against him did not effectively reform him.The complaint of St. Luke's against Attorney Grecia was referred by the Court to Deputy Court of Administrator Juanito A. Bernad for investigation, report and recommendation. The following are Judge Bernad's findings:The late Fe Linda Aves was seven (7) months pregnant when she was admitted as a patient at St. Luke's Hospital on December 20, 1990. She complained of dizziness, hypertension, and abdominal pains with vaginal bleeding. Dr. Fernandez, head of the OB-GYNE Department of St. Luke's, Dr. Ongtengco, Jr., a cardiologist, and Dr. Bartolome, a urologist, examined Mrs. Aves and diagnosed her problem as mild pre-eclampsia (p. 63,Rollo). Five (5) days later, on Christmas day, December 25, 1990, Mrs. Aves was discharged from the hospital, to celebrate Christmas with her family.However, she was rushed back to the hospital the next day, December 26, 1990. On December 27, 1990, she died together with her unborn child.Blaming the doctors of St. Luke's for his wife's demise, Attorney Damaso B. Aves, along with his three (3) minor children, brought an action for damages against the hospital and the attending physicians of his wife. Their counsel, respondent Attorney Benjamin Grecia, filed a complaint entitled: "Attorney Damaso B. Aves, et al. vs. St. Luke's Medical Center, Drs. Alberto Fernandez, Isabelo Ongtengco, Jr. and Achilles Bartolome" in the Regional Trial Court of Valenzuela, Bulacan, where it was docketed as Civil Case No. 3548-V and assigned to Branch 172, presided over by Judge Teresita Dizon-Capulong.On July 4, 1991, the medical records of Fe Linda Aves were produced in court by St. Luke's, as requested by Attorney Grecia. The records were entrusted to the Acting Branch Clerk of Court, Avelina Robles.On July 16, 1991, between 8:30-9:00 o' clock in the morning, upon arriving in court for another hearing of the case, Attorney Grecia borrowed from Mrs. Robles the folder containing the medical records of Mrs. Aves.While leafing through the folder, Grecia surreptitiously tore off two (2) pages of the medical records. The respondent's act was notified by Mrs. Robles and Maria Arnet Sandico, a clerk. They saw Grecia crumple the papers and place them inside the right pocket of his coat. He immediately returned the folder to Mrs. Roblesa (who was momentarily rendered speechless by his audacious act) and left the office.Mrs. Robles examined the medical chart and found pages "72" and "73" missing. She ordered Sandico to follow the respondent. Sandico saw Grecia near the canteen at the end of the building, calling a man (presumably his driver) who was leaning against a parked car (presumably Grecia's car). When the man approached, Grecia gave him the crumpled papers which he took from his coatpocket. Sandico returned to the office and reported what she had seen to Mrs. Robles. The latter in turn reported it to Judge Capulong. The three ofthem Judge Capulong, Mrs. Robles and Ms. Sandico went downstairs. Ms. Sandico pointed to Judge Capulong the man to whom Grecia had given the papers which he had filched from medical folder of Linda Aves. Judge Capulong told Sandico to bring the man to her chamber. On the way back to chamber, Judge Capulong saw the plaintiff, Attorney Damaso Aves, and St. Luke's counsel, Attorney Melanie Limson. She requested them to come to her office.In the presence of Attorneys Aves and Limson, Mrs. Robles, Ms. Sandico, and a visitor, Judge Capulong confronted the man and ordered him to give her the papers which Grecia had passed on to him. The man at first denied that he had the papers in his possession. However, when Sandico declared that she saw Grecia hand over the papers to him, the man sheepishly took them from his pants pocket and gave them to Judge Capulong. When the crumpled pages "72" and "73" of the medical folder were shown to Sandico, she identified them as the same papers that she saw Grecia hand over to the man.After the confrontation, Sandicio and Robles went back to their office. Mrs. Robles collapsed in a dead faint and was rushed to the Fatima Hospital where she later regained consciousness.In the ensuing excitement and confusion of recovering the stolen exhibits, no one thought of ascertaining the identity of the man from whom they were recovered. Judge Capulong belatedly realized this, so she directed the Valenzuela Police to find out who he was. She also ordered Sandico to submit a formal report of the theft of the exhibits to the police.A police investigator, PO3 Arnold Alabastro, tried to ascertain the name of Grecia's driver who was known only as "SID." He located Grecia's house in Quezon City. Although he was not allowed to enter the premises, he was able to talk with a house maid. He pretended to be a cousin of "SID" and asked for the latter. The housemaid informed him that "SID" was sent home to his province by Grecia.He talked with Grecia himself but the latter denied that he had a driver named "SID."PO3 Alabastro also talked wit one of Grecia's neighbors across the street. The neighbor confirmed that Grecia's driver was a fellow named "SID".The incident caused enormous emotional strain to the personnel of Judge Capulong's court, so much so that the Acting Branch Clerk of Court, Avelina Robles, was hospitalized. Because of the incident, Judge Capulong inhibited herself from conducting the trial of Civil Case No. 3548-V.On August 20, 1991, St. Luke's failed this disbarment case against Grecia.At the investigation of the case by Judge Bernad, Attorney Damaso Aves, the surviving spouse of the late Fe Linda Aves and plaintiff in Civil case No. 3548-V, testified that it was Attorney Bu Castro, counsel of the defendants in said Civil Case No. 3548-V, who lifted two pages from the medical folder which lay among some papers on top of the table of Acting Branch Clerk of Court Robles. When he allegedly went outside the courthouse to wait for Attorney Grecia to arrive, he noticed Attorney Castro come out of the building and walk toward a man in the parking lot to whom he handed a piece of paper. Afterward, Attorney Castro reentered the courthouse.Respondent Grecia denied any knowledge of the theft of the exhibits in the Aves case. He alleged that the person who was caught in possession of the detached pages of the medical record was actually "planted" by his adversaries to discredit him and destroy his reputation.He denied that he had a driver. He alleged that his car was out of order on July 16, 1991, so he was fetched by the driver of Attorney Aves in the latter's "Maxima" car. He arrived in the courthouse at exactly 9:15 in the morning and went straight to the courtroom on the second floor of the building. He did not leave the place until his case was called at 9:40. Since it was allegedly a very warm day, he wore a dark blue barong tagalog, not a business suit. He branded the testimony of Ms. Sandico as an absolute falsehood. He alleged that he would not have done the act imputed to him, because the medical chart was the very foundation of the civil case which he filed against St. Luke's and its doctors. He wondered why the man, alleged to be his driver, to whom he supposedly gave the detached pages of the medical chart, was neither held nor arrested. His identity was not even established.He likewise branded the testimony of Police Investigator Alabastro as a fabrication for he had never seen him before.He underscored the fact that none of the lawyers in the courthouse, nor any of the court personnel, accosted him about the purloined pages of the medical record and he alleged that the unidentified man remained in the courtroom even after the confrontation in the Judge's chamber.In evaluating the testimonies of the witnesses, Judge Bernad found the court employee, Maria Arnie Sandico, and Acting branch Clerk of Court Avelina Robles entirely credible and "without any noticeable guile nor attempt at fabrication, remaining constant even under pressure of cross examination" (p. 11, Judge Bernad's Report).That the Acting Branch Clerk of Court, Mrs. Robles, who is not even a lawyer, and her lowly clerk, Ms. Sandico, did not promptly raise a hue and cry on seeing Grecia tear off two pages of the medical record, was understandable for they hesitated to confront a man of his stature. Nevertheless, they had the presence of mind to immediately report the matter to their Judge who forthwith took appropriate steps to recover the exhibits. Robles, Sandico and PO3 Alabastro had absolutely no motive to testify falsely against the respondent.While Judge Capulong took the blame for failing to ascertain the identity of Attorney Grecia's "driver," her swift action in summoning and confronting him led to the recovery of the stolen pages of the medical chart.Unfortunately, the inquiry made by Police Investigation Arnold Alabastro into identity of the man was fruitless for he was never seen again.Attorney Aves' allegation that it was St. Luke's counsel, Attorney Castro, not Grecia, who stole the pages from the medical folder and slipped them to an unidentified man, is an incredible fabrication. Not only is it directly contradicted by Mrs. Robles and Ms. Sandico, but, significantly, Attorney Aves failed to mention it during the confrontation with the man inside Judge Capulong's chamber where he (Attorney Aves) was present.His other allegation that he saw the man inside the courtroom afterwards, is not credible for he would have called the attention of Judge Capulong who, he knew, had been looking for the man to ascertain his identity.In view of his obvious bias for his counsel, Aves' testimony was properly disregarded by the investigator, Judge Bernad. Likewise wanting in truth and candor was Grecia's testimony. Judge Bernad noted that while Grecia was punctilious when testifying on the hour of his arrival in court (9:15 A.M.) on July 16, 1991, and he even remembered that on that day he wore a dark blue barong tagalog (an apparel that has no pockets), his memory was not sharp when he was cross-examined regarding more recent events. For instance, he insisted that Judge Bernad was absent on August 4, 1992, but the truth is that a hearing was held on that date as shown by the transcript.When he was confronted with exhibits "A" and "B," Grecia tried to make an issue of the absence of a court order to deposit Linda Aves' medical chart in court. He forgot that it was he who asked that the chart be left with the clerk of court.His allegation that he would be the last person to remove pages 72 and 73 of the medical chart for the entries therein are favorable to his client's cause is specious. As a matter of fact, the entries show that after Mrs. Aves was readmitted to the hospital on December 26, 1990, the doctors were able to stabilize her blood pressure with a normal reading of 120/80.On the basis of the evidence presented before Judge Bernad, the Court is convinced that the charge against Attorney Benjamin M. Grecia is true. By stealing two pages from Linda Aves' medical chart and passing them on to his driver, he violated Rule 1.01, canon 1 of the Rules of Professional Responsibility as well as canon 7 thereof which provide that:Canon 1. . . .Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral and deceitful conduct.Canon 7. A lawyer shall at all times uphold the integrity and dignity of the legal profession and support the activities of the Integrated Bar.A lawyer is an officer of the courts; he is "like the court itself, an instrument or agency to advance the ends of justice" (People ex rel Karlin vs. Culkin, 60 A.L.R. 851, 855). An incorrigible practitioner of "dirty tricks," like Grecia would be ill-suited to discharge the role of "an instrument to advance the ends of justice."The importance of integrity and good moral character as part of a lawyer's equipment in the practice of his profession has been stressed by this Court repeatedly.. . . The bar should maintain a high standard of legal proficiency as well as of honesty and fair dealing. Generally speaking, a lawyer can do honor to the legal profession by faithfully performing his duties to society, to the bar, to the courts and to his clients. To this end, nothing should be done by any member of the legal fraternity which might tend to lessen in any degree the confidence of the public in the fidelity, honesty and integrity of the profession. (Marcelo vs. Javier, Sr., A.C. No. 3248, September 18, 1992, pp. 13-14.). . . . The nature of the office of an attorney at law requires that he shall be a person of good moral character. This qualification is not only a condition precedent to admission to the practice of law; its continued possession is also essential for remaining in the practice of law, in the exercise of privileges of members of the Bar. Gross misconduct on the part of a lawyer, although not related to the discharge of professional duties as a member of the bar, which puts his moral character in serious doubt, renders him unfit to continue in the practice of law. (Melendrez vs. Decena, 176 SCRA 662, 676.). . . public policy demands that legal work in representation of parties litigant should be entrusted only to those possessing tested qualifications and who are sworn to observe the rules and the ethics of the profession, a s well as being subject for judicial disciplinary control for the protection of court, clients and the public. (Phil. Association of Free Labor Unions [PAFLU] vs. Binalbagan Isabela Sugar Company, 42 SCRA 302, 305.)By descending to the level of a common thief, respondent Grecia has demeaned and disgraced the legal profession. He has demonstrated his moral unfitness to continue as a member of the honorable fraternity of lawyers. He has forfeited his membership in the BAR.Generally, a lawyer may be disbarred or suspended for any misconduct, whether in his professional or private capacity, which shows him to be wanting in moral character, in honesty, probity and good demeanor or unworthy to continue as an officer of the court, or an unfit or unsafe person to enjoy the privileges and to manage the business of others in the capacity of an attorney, or for conduct which tends to bring reproach on the legal profession or to injure it in the favorable opinion of the public. (Marcelo vs. Javier, Sr., A.C. No. 3248, September 18, 1992, p. 15.)WHEREFORE, the Court finds Attorney Benjamin Grecia guilty of grave misconduct, dishonesty, and grossly unethical behavior as a lawyer. Considering that this is his second offense against the canons of the profession, the Court resolved to impose upon him once more the supreme penalty of DISBARMENT. His license to practice law in the Philippines is hereby CANCELLED and the Bar Confidant is ordered to strike out his name from the Roll of Attorneys.SO ORDERED.Cruz, Feliciano, Bidin, Grio-Aquino, Regalado, Davide, Jr., Romero, Nocon, Bellosillo, Melo and Quiason, JJ., concur.Narvasa, C.J., took no part.Padilla, J., is on leave.Fernandez vs GreciaA.C. No. 3694Disbarment Cases

Facts:

Fernandez et al filed a disbarment case against Atty Grecia for theft of documents pertaining tothe latters case against the petitioners. A certain Fe Linda Aves was admitted and diagnosed of having a mild pre-eclampsia on December 20, 1990. Five days later, he was discharged to celebrate Christmas with her family, unfortunately on December 26, 1990, the said patient died with her unborn child, prompting the Aves family to brought an actgion for damages against the doctors and the hospital. (Fernandez et al.)

During the litigation in the lower court, Atty Grecia, allegedly asked the clerk of court the medical chart of the aforementioned patient which was at that time in the court's possesion, and thereafter tore two pages identified as pages 72 and 73.

In view of Atty Grecia's unprofessional conduct, the petitioners filed the case for disbarment.

Issue:

WON the disbarment case is meritorious.

Held:

To quoute the Supreme Courts decision, they say that "by descending to the level of a common thief, respondent Grecia has demeaned and disgraced the legal profession. He has demonstrated his moral unfitness to continue as a member of the honorable fraternity of lawyers. He has forfeited his membership in the BAR."

Atty Grecia was then ordered disbarred, his license to practice law in the Philippines cancelled and his name was ordered to be stricken out of the Roll of Attorneys.

The Supreme Court cited Rule 1.01 and Canon 7 in the Rules of Professional Responsibility being violated by Atty Grecia, notwitsanding that he was once disbarred to practice law on November 12, 1987 for his 'unholy alliance' with a judge in Quezon city to rip off banks and Chinese business firms. And that 8 months after the Supreme Court heeding his pleas for compassion and promise to mend his ways, it was just eight months after that he is faced with yet another disbarment case.SECOND DIVISION[A.C No. 4749. January 20, 2000]SOLIMAN M. SANTOS, JR.,complainant, vs. ATTY. FRANCISCO R. LLAMAS,respondent.D E C I S I O NMENDOZA,J.:This is a complaint for misrepresentation and non-payment of bar membership dues filed against respondent Atty. Francisco R. Llamas.In a letter-complaint to this Court dated February 8, 1997, complainant Soliman M. Santos, Jr., himself a member of the bar, alleged that:On my oath as an attorney, I wish to bring to your attention and appropriate sanction the matter of Atty. Francisco R. Llamas who, for a number of years now, has not indicated the proper PTR and IBP O.R. Nos. and data (date & place of issuance) in his pleadings. If at all, he only indicates "IBP Rizal 259060" but he has been using thisfor at least three years already, as shown by the following attached sample pleadings in various courts in 1995, 1996 and 1997: (originals available)Annex A.......-"Ex-Parte Manifestation and Submission" dated December 1, 1995 in Civil Case No. Q-95-25253, RTC, Br. 224, QC

Annex B.......-"Urgent Ex-Parte Manifestation Motion" dated November 13, 1996 in Sp. Proc. No. 95-030, RTC Br. 259 (not257), Paraaque, MM

Annex C.......-"An Urgent and Respectful Plea for extension of Time to File Required Comment and Opposition" dated January 17, 1997 in CA-G.R. SP (notCivil Case) No. 42286, CA 6th Div.

This matter is being brought in the context of Rule 138, Section 1 which qualifies that only a duly admitted member of the bar "who is in good and regular standing, is entitled to practice law". There is also Rule 139-A, Section 10 which provides that "default in the payment of annual dues for six months shall warrant suspension of membership in the Integrated Bar, and default in such payment for one year shall be a ground for the removal of the name of the delinquent member from the Roll of Attorneys."Among others, I seek clarification (e.g. a certification) and appropriate action on the bar standing of Atty. Francisco R. Llamas both with the Bar Confidant and with the IBP, especially its Rizal Chapter of which Atty. Llamas purports to be a member.JksmPlease note that while Atty. Llamas indicates "IBP Rizal 259060" sometimes, he does not indicate any PTR for payment of professional tax.Under the Rules, particularly Rule 138, Sections 27 and 28, suspension of an attorney may be done not only by the Supreme Court but also by the Court of Appeals or a Regional Trial Court (thus, we are also copy furnishing some of these courts).Finally, it is relevant to note the track record of Atty. Francisco R. Llamas, as shown by:1........his dismissal as Pasay City Judge per Supreme Court Admin. Matter No. 1037-CJEn BancDecision on October 28, 1981 ( in SCRA )2........his conviction for estafa per Decision dated June 30, 1994 in Crim. Case No. 11787, RTC Br. 66, Makati, MM (see attached copy of the Order dated February 14, 1995 denying the motion for reconsideration of the conviction which is purportedly on appeal in the Court of Appeals).Attached to the letter-complaint were the pleadings dated December 1, 1995, November 13, 1996, and January 17, 1997 referred to by complainant, bearing, at the end thereof, what appears to be respondents signature above his name, address and the receipt number "IBP Rizal 259060."[1]Also attached was a copy of the order,[2]dated February 14, 1995, issued by Judge Eriberto U. Rosario, Jr. of the Regional Trial Court, Branch 66, Makati, denying respondents motion for reconsideration of his conviction, in Criminal Case No. 11787, for violation of Art. 316, par. 2 of the Revised Penal Code.On April 18, 1997, complainant filed a certification[3]dated March 18, 1997, by the then president of the Integrated Bar of the Philippines, Atty. Ida R. Macalinao-Javier, that respondents "last payment of his IBP dues was in 1991. Since then he has not paid or remitted any amount to cover his membership fees up to the present."On July 7, 1997, respondent was required to comment on the complaint within ten days from receipt of notice, after which the case was referred to the IBP for investigation, report and recommendation. In his comment-memorandum,[4]dated June 3, 1998, respondent alleged:[5]3. That with respect to the complainants absurd claim that for using in 1995, 1996 and 1997 the same O.R. No. 259060 of the Rizal IBP, respondent is automatically no longer a member in good standing.Precisely, as cited under the context of Rule 138, only an admitted member of the bar who is in good standing is entitled to practice law.The complainants basis in claiming that the undersigned was no longer in good standing, were as above cited, the October 28, 1981 Supreme Court decision of dismissal and the February 14, 1995 conviction for Violation of Article 316 RPC, concealment of encumbrances.ChiefAs above pointed out also, the Supreme Court dismissal decision was set aside and reversed and respondent was even promoted from City Judge of Pasay City to Regional Trial Court Judge of Makati, Br. 150.Also as pointed out, the February 14, 1995 decision in Crim. Case No. 11787 was appealed to the Court of Appeals and is still pending.Complainant need not even file this complaint if indeed the decision of dismissal as a Judge was never set aside and reversed, and also had the decision of conviction for a light felony, been affirmed by the Court of Appeals. Undersigned himself would surrender his right or privilege to practice law.4. That complainant capitalizes on the fact that respondent had been delinquent in his dues.Undersigned since 1992 have publicly made it clear per his Income Tax Return, up to the present, that he had only a limited practice of law. In fact, in his Income Tax Return, his principal occupation is a farmer of which he is. His 30 hectares orchard and pineapple farm is located at Calauan, Laguna.Moreover, and more than anything else, respondent being a Senior Citizen since 1992, is legally exempt under Section 4 of Rep. Act 7432 which took effect in 1992, in the payment of taxes, income taxes as an example. Being thus exempt, he honestly believe in view of his detachment from a total practice of law, but only in a limited practice, the subsequent payment by him of dues with the Integrated Bar is covered by such exemption. In fact, he never exercised his rights as an IBP member to vote and be voted upon.Nonetheless, if despite such honest belief of being covered by the exemption and if only to show that he never in any manner wilfully and deliberately failed and refused compliance with such dues, he is willing at any time to fulfill and pay all past dues even with interests, charges and surcharges and penalties. He is ready to tender such fulfillment or payment, not for allegedly saving his skin as again irrelevantly and frustratingly insinuated for vindictive purposes by the complainant, but as an honest act of accepting reality if indeed it is reality for him to pay such dues despite his candor and honest belief in all food faith, to the contrary.EsmscOn December 4, 1998, the IBP Board of Governors passed a resolution[6]adopting and approving the report and recommendation of the Investigating Commissioner which found respondent guilty, and recommended his suspension from the practice of law for three months and until he pays his IBP dues. Respondent moved for a reconsideration of the decision, but this was denied by the IBP in a resolution,[7]dated April 22, 1999. Hence, pursuant to Rule 139-B, 12(b) of the Rules of Court, this case is here for final action on the decision of the IBP ordering respondents suspension for three months.The findings of IBP Commissioner Alfredo Sanz are as follows:On the first issue, Complainant has shown "respondents non-indication of the proper IBP O.R. and PTR numbers in his pleadings (Annexes "A", "B" and "C" of the letter complaint, more particularly his use of "IBP Rizal 259060 for at least three years."The records also show a "Certification dated March 24, 1997 from IBP Rizal Chapter President Ida R. Makahinud Javier that respondents last payment of his IBP dues was in 1991."While these allegations are neither denied nor categorically admitted by respondent, he has invoked and cited that "being a Senior Citizen since 1992, he is legally exempt under Section 4 of Republic Act No. 7432 which took effect in 1992 in the payment of taxes, income taxes as an example.". . . .The above cited provision of law is not applicable in the present case. In fact, respondent admitted that he is still in the practice of law when he alleged that the "undersigned since 1992 have publicly made it clear per his Income tax Return up to the present time that he had only a limited practice of law." (par. 4 of Respondents Memorandum).Therefore respondent is not exempt from paying his yearly dues to the Integrated Bar of the Philippines.EsmmisOn the second issue, complainant claims that respondent has misled the court about his standing in the IBP by using the same IBP O.R. number in his pleadings of at least six years and therefore liable for his actions. Respondent in his memorandum did not discuss this issue.First. Indeed, respondent admits that since 1992, he has engaged in law practice without having paid his IBP dues. He likewise admits that, as appearing in the pleadings submitted by complainant to this Court, he indicated "IBP-Rizal 259060" in the pleadings he filed in court, at least for the years 1995, 1996, and 1997, thus misrepresenting that such was his IBP chapter membership and receipt number for the years in which those pleadings were filed. He claims, however, that he is only engaged in a "limited" practice and that he believes in good faith that he is exempt from the payment of taxes, such as income tax, under R.A. No. 7432, 4 as a senior citizen since 1992.Rule 139-A provides:Sec. 9.Membership dues.- Every member of the Integrated Bar shall pay such annual dues as the Board of Governors shall determine with the approval of the Supreme Court. A fixed sum equivalent to ten percent (10%) of the collections from each Chapter shall be set aside as a Welfare Fund for disabled members of the Chapter and the compulsory heirs of deceased members thereof.Sec. 10.Effect of non-payment of dues. - Subject to the provisions of Section 12 of this Rule, default in the payment of annual dues for six months shall warrant suspension of membership in the Integrated Bar, and default in such payment for one year shall be a ground for the removal of the name of the delinquent member from the Roll of Attorneys.In accordance with these provisions, respondent can engage in the practice of law only by paying his dues, and it does not matter that his practice is "limited." While it is true that R.A. No. 7432, 4 grants senior citizens "exemption from the payment of individual income taxes: provided, that their annual taxable income does not exceed the poverty level as determined by the National Economic and Development Authority (NEDA) for that year," the exemption does not include payment of membership or association dues.Second. By indicating "IBP-Rizal 259060" in his pleadings and thereby misrepresenting to the public and the courts that he had paid his IBP dues to the Rizal Chapter, respondent is guilty of violating the Code of Professional Responsibility which provides:Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION, AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.EsmsoCANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any court; nor shall he mislead or allow the court to be misled by any artifice.Respondents failure to pay his IBP dues and his misrepresentation in the pleadings he filed in court indeed merit the most severe penalty. However, in view of respondents advanced age, his express willingness to pay his dues and plea for a more temperate application of the law,[8]we believe the penalty of one year suspension from the practice of law or until he has paid his IBP dues, whichever is later, is appropriate.WHEREFORE, respondent Atty. Francisco R. Llamas is SUSPENDED from the practice of law for ONE (1) YEAR, or until he has paid his IBP dues, whichever is later. Let a copy of this decision be attached to Atty. Llamas personal record in the Office of the Bar Confidant and copies be furnished to all chapters of the Integrated Bar of the Philippines and to all courts in the land.SO ORDERED.Bellosillo, (Chairman), Quisumbing, Buena, and De Leon, Jr., JJ., concur.Santos, Jr. v. Llamas, A.C. No. 4749, January 20, 2000. 322 SCRA 529Post undercase digests,Legal EthicsatSaturday, January 28, 2012Posted bySchizophrenic MindFacts:This is a complaint for misrepresentation and non-payment of bar membership dues filed against respondent Atty. Francisco R. Llamas It appears that Atty. Llamas, who for a number of years now, has not indicated the proper PTR and IBP OR Nos. and data in his pleadings. If at all, he only indicated IBP Rizal 259060 but he has been using this for at least 3 years already. On the other hand, respondent, who is now of age, averred that since 1992, he has engaged in law practice without having paid his IBP dues. He likewise admits that, as appearing in the pleadings submitted by complainant to this Court, he indicated "IBP-Rizal 259060" in the pleadings he filed in court, at least for the years 1995, 1996, and 1997, thus misrepresenting that such was his IBP chapter membership and receipt number for the years in which those pleadings were filed. He claims, however, that he is only engaged in a "limited" practice and that he believes in good faith that he is exempt from the payment of taxes, such as income tax, under R.A. No. 7432, as a senior citizen since 1992.

Issues:(1) Whether respondent is exempt from paying his yearly dues to the Integrated Bar of the Philippines.

(2) Whether the respondent has misled the court about his standing in the IBP by using the same IBP O.R. number in his pleadings of at least six years and therefore liable for his actions.

Held:(1) NO. Rule 139-A requires that every member of the Integrated Bar shall pay annual dues and default thereof for six months shall warrant suspension of membership and if nonpayment covers a period of 1-year, default shall be a ground for removal of the delinquents name from the Roll of Attorneys. It does not matter whether or not respondent is only engaged in limited practice of law. Moreover, While it is true that R.A. No. 7432, grants senior citizens "exemption from the payment of individual income taxes: provided, that their annual taxable income does not exceed the poverty level as determined by the National Economic and Development Authority (NEDA) for that year," the exemptionhowever does not include payment of membership or association dues.

(2)YES. By indicating "IBP-Rizal 259060" in his pleadings and thereby misrepresenting to the public and the courts that he had paid his IBP dues to the Rizal Chapter, respondent is guilty of violating the Code of Professional Responsibility which provides: Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. His act is also a violation of Rule 10.01 which provides that: A lawyer shall not do any falsehood, nor consent to the doing of any in court; nor mislead or allow the court to be misled by any artifice.

Respondent's failure to pay his IBP dues and his misrepresentation in the pleadings he filed in court indeed merit the most severe penalty. However, in view of respondent's advanced age, his express willingness to pay his dues and plea for a more temperate application of the law, we believe the penalty of one year suspension from the practice of law or until he has paid his IBP dues, whichever is later, is appropriate.