see - sc.judiciary.gov.ph/jurisprudence/2013/april2013/09-5-2-SC.pdf
"x x x.
The Best Option: Open to All Regions
How then do we treat the turns of those who had already served in the
second rotational cycle? Shall we treat them as anomalies? As aberrant
developments, as Justice Brion puts it?
A remedy is to reconcile the conflicting decisions and resolutions with
nothing in mind but the best interest of the IBP. It appears from the
pleadings, however, that the differences are irresoluble.
To avoid the endless conflicts, confusions and controversies which have been irritably plaguing the IBP, the solution is to start another rotational round, a new cycle, open to all regions. At any rate, all regions, after the election of Libarios, would be considered as already having its turn in the presidency. This is not to detract from the fact that under Section 47, as amended, and from the pertinent rulings, the position of EVP-IBP is the one being actually rotated, but as stated in the December 14, 2010 Resolution,71 it will enable the IBP “to start on a clean and correct slate, free from the politicking and the under handed tactics that have characterized the IBP elections for so long.”
Section 47 of the IBP
By-Laws should be further
amended
Whatever the decision of the Court may be, to prevent future wranglings and guide the IBP in their future course of action, Section 47 and Section 49 of the IBP By-laws should again be amended. Stress should be placed on the automatic succession of the EVP to the position of the president.
Surprisingly, the automatic succession does not appear in present Section 47, as ordered amended by the Court in the December 14, 2010 Resolution. It should be restored. Accordingly, Section 47 and Section 49, Article VII, are recommended to read as follows:
Sec. 47. Election of National President Executive Vice President. – The Integrated Bar of the Philippines shall have a President, an Executive Vice President, and nine (9) regional Governors. The Governors shall be ex-officio Vice President for their respective regions.
The Board of Governors shall elect the President and Executive Vice President from among themselves each by a vote of at least five (5) Governors. Upon expiration of the term of the President, the Executive Vice-President shall automatically succeed as President.
Each region, as enumerated under Section 3, Rule 139-A of the Rules of Court, shall have the opportunity to have its representative elected as Executive Vice-President, provided that, the election for the position of Executive Vice President shall be on a strict rotation by exclusion basis. A region, whose representative has just been elected as Executive Vice President, can no longer have its representative elected for the same position in subsequent elections until after all regions have had the opportunity to be elected as such. At the end of the rotational cycle, all regions, except the region whose representative has just served the immediately preceding term, may be elected for another term as Executive VicePresident in the new rotational cycle. The region whose representative served last in the previous rotational cycle may be elected Executive Vice-President only after the first term of the new rotational cycle ends, subject once more to the rule on exclusion.
The order of rotation by exclusion shall be without prejudice to the regions entering into a consensus to adopt any pre-ordained sequence in the new rotation cycle provided each region will have its turn in the rotation.
A violation of the rotation rule in any election shall be penalized by annulment of the election and disqualification of the offender from election or appointment to any office in the IBP.
SEC. 49. Terms of office. - The President and the Executive Vice-President shall hold office for a term of two years from July 1 following their election until June 30 of their second year in office and until their successors shall have been duly chosen and qualified.
In the event the President is absent or unable to act, his functions and duties shall be performed by the Executive Vice President, and in the event of the death, resignation, or removal of the President, the Executive Vice President shall serve as Acting President for the unexpired portion of the term. His tenure as such shall not be considered a new turn in the rotation.
In the event of death, resignation, removal or disability of the Executive Vice President, the Board of Directors shall elect among the regions qualified to be elected as Executive Vice President to serve the unexpired portion of the term or period of disability.
In the event of the death, resignation, removal or disability of both the President and the Executive Vice President, the Board of Governors shall elect an Acting President to hold office for the unexpired portion of the term or during the period of disability.
Unless otherwise provided in these By-Laws, all other officers and
employees appointed by the President with the consent of the Board
shall hold office at the pleasure of the Board or for such term as the
Board may fix.
x x x."
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