C7-9 4 GARCIA VS DE VERA.pdf - SUPREME COURT REPORTS ANNOTATED VOLUME 418 A.C No 6052 IN RE PETITION TO DISQUALIFY ATTY LEONARD DE VERA ON LEGAL AND

C7-9 4 GARCIA VS DE VERA.pdf - SUPREME COURT REPORTS...

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3/9/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 418 1/31 A.C. No. 6052. December 11, 2003. * IN RE: PETITION TO DISQUALIFY ATTY. LEONARD DE VERA, ON LEGAL AND MORAL GROUNDS, FROM BEING ELECTED IBP GOVERNOR FOR EASTERN MINDANAO IN THE MAY 31, IBP ELECTIONS. OLIVER OWEN L. GARCIA, EMMANUEL RAVANERA and TONY VELEZ, petitioners, vs. ATTY. LEONARD DE VERA and IBP BOARD OF GOVERNORS, respondents. Attorneys; Integrated Bar of the Philippines; Implicit in the constitutional grant to the Supreme Court of the power to promulgate rules affecting the IBP is the power to supervise all the activities of the IBP, including the election of its officers. —Section 5, Article VIII of the 1987 Constitution confers on the Supreme Court the power to promulgate rules affecting the IBP, thus: Section 5. The Supreme Court shall have the following powers: . . . . (5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar , and the legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. (Emphasis supplied) Implicit in this constitutional grant is the power to supervise all the activities of the IBP, including the election of its officers. Same; Same; Words and Phrases; The term “Bar” refers to the “collectivity of all persons whose names appear in the Roll of Attorneys.” —The above-quoted sections in both the 1987 and 1935 Constitution and the _______________ * EN BANC.
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3/9/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 418 2/31 28 28 SUPREME COURT REPORTS ANNOTATED Garcia vs. De Vera similarly worded provision in the intervening 1973 Constitution through all the years have been the sources of this Court’s authority to supervise individual members of the Bar. The term “Bar” refers to the “collectivity of all persons whose names appear in the Roll of Attorneys.” Pursuant to this power of supervision, the Court initiated the integration of the Philippine Bar by creating on October 5, 1970 the Commission on Bar Integration, which was tasked to ascertain the advisability of unifying the Philippine Bar. Not long after, Republic Act No. 6397 was enacted and it confirmed the power of the Supreme Court to effect the integration of the Philippine Bar. Finally, on January 1, 1973, in the per curiam Resolution of this Court captioned “In the Matter of the Integration of the Bar to the Philippines,” we ordained the Integration of the Philippine Bar in accordance with Rule 139-A, of the Rules of Court, which we promulgated pursuant to our rule- making power under the 1935 Constitution.
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  • Fall '19
  • Atty. Elgin Perez
  • Supreme Court of the United States, President of the United States, State supreme court

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