Attys. Marcial M. Magsino, Manuel M. Maramba, and Nasser Marohomsalic v. Attys. Rogelio A. Vinluan, Abelardo C. Estrada, Bonifacio T. Barandon, Jr., Evergisto S. Escalon, and Raymund Jorge A. Mercado

Ruling

Accordingly, we hold that all official actions of Atty. Chaguile as de facto IBP Governor for Northern Luzon must be deemed valid, binding, and effective, as though she were the officer validly appointed and qualified for the office. It follows that her participation and vote in the election for IBP EVP held on May 22, 2013 are in order. We now proceed to the points raised by Atty. Ubano assailing the conduct of the May 22, 2013 election for the IBP EVP. The Report on the Conduct of Election prepared by this Courts designated observer, Executive Judge Danilo S. Cruz, reveals that Atty. Ubanos objections were properly and thoroughly discussed. He was given a considerable length of time to air and argue his points. It was only after thorough discussions that Atty. Ubanos Motion to postpone the elections which he insisted on raising even when the body was in the process of nominating candidates for the position of EVP was declared out of order. [75] Atty. Ubano himself was then nominated for IBP EVP. [76] He accepted his nomination subject to the resolution of his Motion for Reconsideration in A.M. No. 09-5-2-SC and A.C. No. 8292, as well as the resolution of the first Administrative Matter. [77] Before the members of the IBP Board of Governors placed their votes, Atty. Ubano had sought to have Atty. Chaguiles ballot segregated and sealed pending the resolution of his Motion for Reconsideration in A.M. No. 09-5-2-SC and A.C. No. 8292, as well as the resolution of the first Administrative Matter. His Motion was denied. [78] Votes were then cast, followed by tally and canvassing. After the votes had been tallied, Atty. Vicente M. Joyas received five (5) votes while Atty. Ubano received four (4) votes. The Certificate of Election was then prepared, certified by the presiding officer and noted by this Courts observer. [79] Atty. Ubano was accorded more than an ample opportunity to argue his position. More importantly, his position was amply considered by the body. Another IBP governor, IBP Greater Manila Governor Dominic C. M. Solis, even initially supported Atty. Ubanos insistence that the election be postponed, but Atty. Solis subsequently withdrew his support. [80] In his Urgent Omnibus Motion which gave rise to the second Administrative Matter, Atty. Ubano made an issue out of Atty. Vicente M. Joyas having designated IBP National Secretary Nasser A. Marohomsalic as Chairman of the Commission on Elections considering that Atty. Joyas supposedly lacked the authority to do so. Atty. Ubano made much of Atty. Joyas status as IBP Governor for Southern Luzon. Atty. Ubano, however, lost sight of the fact that Atty. Joyas was likewise the Chairman of the IBP Executive Committee. The Report on the Conduct of Election prepared by Executive Judge Danilo S. Cruz recalls the pertinent events as follows: The election was scheduled at 11 A.M. Chairman Joyas called the meeting to order at 11:05 A.M. National Secretary Marohomsalic certified that all memb