+ All Categories
Home > Documents > PROPOSED AMENDMENTS TO THE IBP BY-LAWS

PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Date post: 14-Oct-2014
Category:
Upload: bernard-mayo
View: 148 times
Download: 4 times
Share this document with a friend
97
PROPOSED AMENDMENTS TO THE IBP BY-LAWS GOV. AMADOR Z. TOLENTINO, JR. IBP Southern Luzon Region Chairman, Committee on Revision of IBP By-Laws
Transcript
Page 1: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

PROPOSED AMENDMENTS TO THE IBP BY-LAWS

GOV. AMADOR Z. TOLENTINO, JR.IBP Southern Luzon RegionChairman, Committee on Revision of IBP By-Laws

Page 2: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Resolution No. XIX-2009-35 of the 19th Board of Governors, dated September 11, 2009

Chairman – Gov. Ador Tolentino (Southern Luzon)

Co-Chairman – Gov. Joe Cabrera (Bicolandia) Member – Atty. Tom Prado (National Secretary) Member – Atty. Rudy Urbiztondo (Legal Counsel) Member – Atty. Rose Setias-Reyes (National Director

for Legal Aid)

Creation of the Committee on Revision of IBP By-Laws and Pertinent Rules

Page 3: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

The IBP is a dynamic organization.

We respond to the call of the times......no matter how challenging.

Prefatory Statements

Page 4: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

1. Review of the purposes of the Integrated Bar

2. Provisions on IBP Chapters and Regions

3. Overview of IBP Regions and Chapters as of date

4. Revisit past measures in redistricting IBP

Objectives of this Presentation:

Page 5: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

5. Is there a need for amendment?

6. Proposed standard criteria in redistricting IBP Regions and Chapters

7. Proposed amendments on redistricting (Regions and Chapters) and the justifications

Objectives of this Presentation:

Page 6: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

The fundamental purposes of the Integrated Bar shall be:

to elevate the standards of the legal profession,

improve the administration of justice, and

enable the Bar to discharge its public responsibility more effectively .

(Section 2, Rule 139-A, Rules of Court; Section 2, IBP By-Laws)

Purposes of the Integrated Bar

Page 7: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Per curiam Resolution of the Supreme Court dated January 9, 1973 ordaining the integration of the Philippine Bar:

Assist in the administration of justice; Foster and maintain high ideals of integrity, learning, professional

competence, public service and conduct; Safeguard professional interest of members; Cultivate a spirit of cordiality and brotherhood; Provide forum for the discussion of law, jurisprudence, law reform,

pleading, practice and procedure; Encourage and foster legal education; and Promote a continuing program of legal research.

(Section 2, IBP By-Laws)

Purposes of the Integrated Bar

Page 8: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

General Rule: A Chapter of the Integrated Bar shall be organized in every province

(existing on the date of the effectivity of the Integration Rule).

General Rule: Every city shall be considered part of the province within which it is geographically situated

(prior to its creation as a city).

(italics from Section 26, Article IV, IBP By-Laws)

Provisions of Rule 139-A and IBP By-Laws on IBP Chapters

Page 9: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

A separate Chapter shall be organized in each of the following political subdivisions or areas:

The sub-province of Aurora; Each congressional district of the City of Manila (existing on the date

of the effectivity of the Integration Rule*); Quezon City; Caloocan City, Malabon and Navotas; Pasay City, Makati, Mandaluyong and San Juan del Monte; Cebu City; and Zamboanga City and Basilan City (and Basilan Province).

*Integration Rule: effective Jan 16, 1973 under Rule 139-A

Exceptions:

Page 10: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Sec. 3. Regions. – The Philippines is hereby divided into nine (9) Regions of the Integrated Bar , to wit;

(a) Northern Luzon(b) Central Luzon(c) Greater Manila(d) Southern Luzon(e) Bicolandia(f) Eastern Visayas(g) Western Visayas(h) Eastern Mindanao(i) Western Mindanao

Provisions of Rule 139-A on IBP Regions

Page 11: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Consists of the provinces of Abra, Batanes, Benguet*, Cagayan, Ifugao, Ilocos Norte*, Ilocos Sur, Isabela, Kalinga-Apayao, La Union, Mountain Province, Nueva Vizcaya, and Quirino;

*Benguet Chapter is now Baguio-Benguet Chapter, *Ilocos Norte is now Ilocos Norte-Laoag City Chapter

IBP Regions: Northern Luzon

Page 12: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Northern Luzon Region as of Oct 2010Chapter Members

Abra 123

Baguio-Benguet 1097

Batanes (unorganized) 29

Cagayan 580

Ifugao 75

Ilocos Norte – LC 410

Ilocos Sur 362

Isabela 406

Kalinga-Apayao 103

La Union 358

Mountain Province 61

Nueva Vizcaya 181

Quirino 43

TOTAL 3828

Page 13: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

consists of the provinces of Bataan, Bulacan, Nueva Ecija, Pampanga, Pangasinan, Tarlac, and Zambales;

* Pangasinan is administratively part of the Ilocos

Region yet was grouped together with CL provinces*Aurora, being traditionally part of Quezon province

then, is not included under CL, despite being part of Region III.

IBP Regions: Central Luzon

Page 14: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Central Luzon Region as of Oct 2010Chapter Members

Bataan 191

Bulacan 1291

Nueva Ecija 546

Pampanga 713

Pangasinan 1206

Tarlac 354

Zambales 282

TOTAL 4583

Page 15: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

consists of the City of Manila and Quezon City;

*Manila City has four Chapters - I, II, III, and IV, *Quezon City has only one until now despite it’s being an extremely large chapter

IBP Regions: Greater Manila

Page 16: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Greater Manila Region as of Oct 2010

Chapter Members

Manila I 607

Manila II 1071

Manila III 1453

Manila IV 2472

Quezon City 7721

TOTAL 13324

Page 17: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

consists of the provinces of Batangas, Cavite, Laguna, Marinduque, Occidental Mindoro, Oriental Mindoro, Quezon, and Rizal;

*includes separate Chapter of then sub-province, now full pledged province, of Aurora;

*also includes separate Chapter of Caloocan City, Malabon and Navotas (CalMaNa), and of then Pasay City, Makati, Mandaluyong and San Juan del Monte Chapter, now Pasay-Paranaque-LasPinas-Mandaluyong (PPLM) Chapter, and Makati Chapter, San Juan- Mandaluyong now part of Rizal Chapter;

IBP Regions: Southern Luzon

Page 18: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

*Rizal then included Marikina, Pasig, Taguig, Pateros, Paranaque, Las Pinas and Muntinlupa;

* But on Feb 22, 1989, the Board of Governors (BOG) approved joint resolutions of Rizal Chapter and then Pasay City-Makati-Mandaluyong-San Juan Chapter creating: (1) Rizal-SanJuan-Mandaluyong (RSM) Chapter - includes also Marikina, Pasig, Taguig and Pateros, (2) Makati Chapter, and (3) Pasay-Paranaque-LasPinas-Muntinlupa (PPLM) Chapter; this redistricting was made effective in 1991;

* No IBP Valenzuela Chapter until now, despite being a City in 1998 and part of Metro Manila

IBP Regions: Southern Luzon

Page 19: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Southern Luzon Region as of Oct 2010Chapter Members

Aurora 37

Batangas 853

Caloocan-Malabon-Navotas (CalMaNa) 1109

Cavite 850

Laguna 839

Makati 3054

Marinduque 82

Occidental Mindoro 78

Oriental Mindoro 242

Pasay-Paranaque-LasPinas-Muntinlupa (PPLM) 1769

Quezon 504

Rizal-San Juan-Mandaluyong (RSM) 3060

TOTAL 12477

Page 20: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

consists of the provinces of Albay, Camarines Norte, Camarines Sur, Catanduanes, Masbate, and Sorsogon;

*these are still the same Chapters existing at present

IBP Regions: Bicolandia

Page 21: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Bicolandia Region as of Oct 2010Chapter Members

Albay 600

Camarines Norte 159

Camarines Sur 884

Catanduanes 107

Masbate 181

Sorsogon 185

TOTAL 2116

Page 22: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Consists of the provinces of Bohol, Cebu, Eastern Samar, Leyte, Northern Samar, Samar, and Southern Leyte;

*the separately created Cebu City Chapter is included under this region

IBP Regions: Eastern Visayas

Page 23: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Eastern Visayas Region as of Oct 2010Chapter Members

Biliran 47

Bohol 434

Cebu 1117

Cebu City 1688

Eastern Samar 180

Leyte 935

Northern Samar 182

Samar 151

Southern Leyte 87

TOTAL 4821

Page 24: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

consists of the provinces of Aklan, Antique, Capiz, Iloilo, Negros Occidental, Negros Oriental, Palawan, Romblon, and Siquijor;

*when it gained status of a separate province, Guimaras formed its own IBP chapter and became part of this region

*Palawan and Romblon are both part of Region IV-A (Southern Tagalog) or MiMaRoPa area

IBP Regions: Western Visayas

Page 25: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Western Visayas Region as of Oct 2010Chapter Members

Aklan 230

Antique 125

Capiz 286

Guimaras 17

Iloilo 1221

Negros Occidental 1157

Negros Oriental 563

Palawan 204

Romblon 84

Siquijor 28

TOTAL 3915

Page 26: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

consists of the provinces of Agusan del Norte, Agusan del Sur, Bukidnon, Camiguin, Davao del Norte, Davao del Sur, Davao Oriental, Misamis Oriental, Surigao del Norte, and Surigao del Sur;

* on November 23, 1988, BOG approved a resolution reorganizing Davao del Sur Chapter into two separate chapters of (1) Davao del Sur and (2) Davao City

* Compostela Valley has been a province several years ago, but has no separate Chapter yet

IBP Regions: Eastern Mindanao

Page 27: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Eastern Mindanao Region as of Oct 2010Chapter Members

Agusan Del Norte 211

Agusan Del Sur 55

Bukidnon 166

Camiguin 44

Davao City 1238

Davao Del Sur 145

Davao Del Norte 189

Davao Oriental 54

Misamis Oriental 904

Surigao Del Norte 159

Surigao Del Sur 95

TOTAL 3260

Page 28: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

consists of the cities of Basilan and Zamboanga, and the provinces of Cotabato, Lanao del Norte, Lanao del Sur, Misamis Occidental, South Cotabato, Sulu, Zamboanga del Norte, and Zamboanga del Sur.

*expressly includes separate chapter of cities of Basilan and Zamboanga (other chapters under the exceptions were not clearly classified under any of the regions);

*In 1976, ZAMBASULTA chapter was created resulting from the merger of Zamboanga City, Basilan Province, Sulu and Tawi-Tawi

*When created as full-fledged provinces North Cotabato, Zamboanga Sibugay, Saranggani, and Sultan Kudarat created their own IBP Chapters; but not in the case of Maguindanao.

IBP Regions: Western Mindanao

Page 29: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Western Mindanao Region as of Oct 2010Chapter Members

Cotabato 217

Lanao Del Norte 305

Lanao Del Sur 213

Misamis Occidental 193

North Cotabato 95

Saranggani 33

South Cotabato 365

Sultan Kudarat 53

Zamboanga-Basilan-Sulu-TawiTawi (ZamBaSulTa) 468

Zamboanga Del Norte 53

Zamboanga Del Sur 294

Zamboanga Sibugay 21

TOTAL 2518

Page 30: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Region Members

Northern Luzon 3828

Central Luzon 4583

Greater Manila 13324

Southern Luzon 12477

Bicolandia 2116

Eastern Visayas 4821

Western Visayas 3915

Eastern Mindanao 3260

Western Mindanao 2518

TOTAL 50842

Lawyers without Chapter Affiliation (unpaid)

1338

GRAND TOTAL 52180

Total Number of Lawyers as of October 2010

Page 31: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Is there a need to amend the IBP By-Laws on districting and other provisions related thereto?

Page 32: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

To answer the said question, we need to review again the purposes of the Integrated Bar, viz.:

to elevate the standards of the legal profession;

improve the administration of justice, and

enable the Bar to discharge its public responsibility more effectively

Review of Purposes of the Integrated Bar:

Page 33: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

1. Representation of Lawyers in a Region in the BOG

2. Lawyers’ Involvement in Chapter and Local Affairs of the IBP

3. Chapter Representation in the House of Delegates

Considerations...

Page 34: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Discussion of Considerations

1. Representation of Lawyers per Region in the BOG

Each region regardless of number of members is represented by one (1) Governor in the Board

Region Members Rank in PopulationGreater Manila 13324 1

Southern Luzon 12477 2

Eastern Visayas 4821 3

Central Luzon 4583 4

Western Visayas 3915 5

Northern Luzon 3828 6

Eastern Mindanao 3260 7

Western Mindanao 2518 8

Bicolandia 2116 9

Page 35: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Let’s have a quick look why lawyer’s representation is important in the BOG:

Sec. 39, Article VI, IBP By-Laws, provides:

Composition: - 9 Governors from the 9 Regions- 1 Governor for each Region - elected by the members of the HD

from the concerned Region only

Board of Governors (BOG)

Page 36: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Sec. 50, Article VII, IBP By-Laws:

In addition to his duties as a member of the Board of Governors:

- Acts as representative of his Region in the Board of Governors

- Promotes, coordinates and correlates activities of the Chapters within his Region

Duties of a Governor

Page 37: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Sec. 41, Article VI, IBP By-Laws:

(d) Receive, consider and act on reports and recommendations submitted by the HD

(k) Prescribe such rules and regulations necessary/proper to carry out the objectives and purposes of the IB

Salient Functions of the BOG

Page 38: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

General direction & supervision over Chapters (Sec.1, Article IV, IBP By-Laws)

Acts upon proposals from Board of Officers of chapters such additional provisions demanded by local conditions to the prescribed uniform by-laws for all Chapters (Sec.29, Article IV, IBP By-Laws )

Decides on Chapter election contests (Sec. 13, Art IV, IBP By-Laws)

Other Functions of the BOG

Page 39: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Makes reapportionment of Delegates among all Chapters every two years (Sec.30, Art.V, IBP By-Laws)

Approves annual budget for the IBP prepared by the budget committee (Sec. 70, Art. IX, IBP By-Laws)

Reviews and decides on the recommendation of the Investigators (CBD) in administrative cases against lawyers (Sec. 12, Rule 139-B, Disbarment and Discipline of Lawyers; Sec. 7, Rules of Procedure of the CBD)

Other Functions of the BOG

Page 40: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Based on status quo, is there a fair and equitable representation of lawyers per Region in the BOG?

*before we answer this question, let’s discuss the second consideration…..

Question in mind.....

Page 41: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Considerations

2. Lawyers’ Involvement in Chapter and Local Affairs of the IBP

*Board of Officers is composed of: PresidentVice President Secretary Treasurer Auditor PRO 5 Directors

(Sec.5, Art IV, IBP By-Laws as amended pursuant to BM No. 668)

IPP as ex-oficio (non-voting) Director (BM No. 1049);

Page 42: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Chapter - Region Members Board of OfficersQuezon City – GMR 7,721 11Rizal-San Juan-Mandaluyong - SLR 3060 11Makati -SLR 3054 11Manila IV - GMR 2472 11Biliran - EVR 47 11Camiguin - EMR 44 11Quirino - NLR 43 11Aurora - SLR 37 11Saranggani -WMR 33 11Siquijor - WVR 28 11Zamboanga Sibugay 21 11Guimaras - WVR 17 11

Both Extremely Large and Extremely Small Chapters; Same Representation:

Page 43: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Under the status quo, is their a fair and equitable representation of lawyers within the Chapters in their respective Board of Officers?

Are we achieving maximum lawyer involvement and participation in IBP chapter and local affairs under the status quo?

Extremely large chapters and extremely small chapters exist: Is there a way to strike a balance?

Shall we not put a cap in the number of members in a Chapter, say no more than 2,000 lawyers?

Lets discuss the third and last consideration….

Questions in mind.....

Page 44: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Considerations

3. Chapter Representation in the House of Delegates *House of Delegates composed of not more than 120 members, apportioned among all the Chapters, each Chapter with at least one delegate. (the cap of 120 is now moot and academic as will be discussed in the next slide as there are actually 131 delegates now)

*Every two* years , BOG shall make reapportionment of Delegates among all Chapters as nearly as may be according to the number of their respective members. (Sec 30, Art V, IBP By-Laws)* Sec5, Rule 139-A

Page 45: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

*Chapter Presidents - automatic delegate; If Chapter is entitled to two delegates, the Vice-President is automatically the second delegate; (Sec 31, Membership, Art V, IBP By-Laws)

*If entitled to more than two, Chapter delegates shall come from the elected officers. (In the Matter of the Brewing Controversy in the IBP, AM No. 09-52-SC, Dec. 14,2010)

Considerations

Page 46: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Region Members Delegates

Northern Luzon 3828 14

Central Luzon 4583 11

Greater Manila 13324 25

Southern Luzon 12477 25

Bicolandia 2116 7

Eastern Visayas 4821 13

Western Visayas 3915 12

Eastern Mindanao 3260 12

Western Mindanao 2518 12

TOTAL 50842 131

Lawyers without Chapter Affiliation

1338

GRAND TOTAL 52180

Total Number of Lawyers & Delegates as of October 2010

Page 47: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

WHAT is the lawyer’s population in 1973 when the Bar was integrated?

Between 20,000 to 25,000 lawyers

IBP Records show that the existing apportionment of Delegates has never been changed from the time it was first apportioned in 1973-1975.

Is reapportionment still relevant, given the ballooning number of lawyers since 1973?

Questions in mind......

Page 48: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Should we not just simply amend the By-laws and remove the cap of 120 in the number of Delegates?

To simplify representation in the House of Delegates, should not the number of lawyers in a given Chapter be considered in determining the number of delegates a Chapter is entitled to, such as one delegate for every 500 members, or major fraction thereof? In effect each chapters will still have at least one delegate each.

More Questions in mind

Page 49: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

1. Amend the Sec. 26, Art. IV, IBP By-Laws in so far as the minimum and maximum membership from 500-1,000 to just placing a cap of 2,000 members per chapter.◦ “The Board of Governors shall reorganize the various Chapters of cities

and provinces, by division or merger, to the end that, as far as practicable, no chapter shall have more than more than one thousand members nor less than five hundred members, beginning with the fiscal year 1977-1978.”

Proposed wording:◦ “The Board of Governors shall reorganize the various Chapters of cities

and provinces, by division or merger, to the end that, as far as practicable, no chapter shall have more than two thousand members.”

Proposals for discussion

Page 50: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

2. Amend Sec.30, Art. V, IBP By-Laws◦ “Composition of the House – The Integrated Bar shall have a House of Delegates

composed of not more than one hundred and twenty members apportioned among all the Chapters.

◦ “On or before December 31, 1974, and every two years thereafter, the Board of Governors shall make a reapportionment of delegates among all the Chapters as nearly as may be according to the member of their respective members, but each Chapter shall have at least one Delegate.”

Proposed wording:“The Integrated Bar shall have a House of Delegates composed of Delegates of all Chapters,

each Chapter having at least one Delegate. Chapters exceeding five hundred members shall have an additional Delegate for every additional five hundred members, or major fraction thereof, provided that no Chapter shall have more than four Delegates.”

Let’s see how the proposed amendments would affect the number of delegates in Chapters ……

Proposals for discussion

Page 51: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Northern Luzon Region as of Oct 2010Chapter Members Delegates

Apportionment since 1973

Ideal Reapportionment at Present based on the proposed amendment

Abra 123 1 1

Baguio-Benguet 1097 2 2

Batanes (unorganized) 29 1 1

Cagayan 580 1 1

Ifugao 75 1 1

Ilocos Norte – LC 410 1 1

Ilocos Sur 362 1 1

Isabela 406 1 1

Kalinga-Apayao 103 1 1

La Union 358 1 1

Mountain Province 61 1 1

Nueva Vizcaya 181 1 1

Quirino 43 1 1

TOTAL 3828 14 14

Page 52: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Central Luzon Region as of Oct 2010

Chapter Members Delegates Apportionment since

1973

Ideal Reapportionment at Present based on the proposed amendment

Bataan 191 1 1

Bulacan 1291 2 3

Nueva Ecija 546 1 1

Pampanga 713 2 1

Pangasinan 1206 3 2

Tarlac 354 1 1

Zambales 282 1 1

TOTAL 4583 11 10

Page 53: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Greater Manila Region as of Oct 2010

Chapter Members Delegates Apportionment since

1973

Ideal Reapportionment at Present based on the proposed amendment

Manila I 607 1 1

Manila II 1071 4 2

Manila III 1453 3 3

Manila IV 2472 6 5

Quezon City 7721 11 15

TOTAL 13324 25 26

Page 54: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Southern Luzon Region as of Oct 2010Chapter Members Delegates

Apportionment since 1973

Ideal Reapportionment at Present based on the proposed amendment

Aurora 37 1 1

Batangas 853 2 2

Caloocan-Malabon-Navotas (CalMaNa)

1109 2 2

Cavite 850 2 2

Laguna 839 2 2

Makati 3054 5 6

Marinduque 82 1 1

Occidental Mindoro 78 1 1

Oriental Mindoro 242 1 1

Pasay-Paranaque-LasPinas-Muntinlupa (PPLM)

1769 2 4

Quezon 504 2 1

Rizal 3060 4 6

TOTAL 12477 25 29

Page 55: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Bicolandia Region as of Oct 2010Chapter Members Delegates

Apportionment since 1973

Ideal Reapportionment at Present based on the proposed amendment

Albay 600 1 1

Camarines Norte 159 1 1

Camarines Sur 884 2 2

Catanduanes 107 1 1

Masbate 181 1 1

Sorsogon 185 1 1

TOTAL 2116 7 7

Page 56: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Eastern Visayas Region as of Oct 2010

Chapter Members Delegates Apportionment since

1973

Ideal Reapportionment at Present based on the proposed amendment

Biliran 47 1 1

Bohol 434 1 1

Cebu 1117 2 2

Cebu City 1688 3 3

Eastern Samar 180 1 1

Leyte 935 2 2

Northern Samar 182 1 1

Samar 151 1 1

Southern Leyte 87 1 1

TOTAL 4821 13 13

Page 57: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Western Visayas Region as of Oct 2010

Chapter Members Delegates Apportionment since

1973

Ideal Reapportionment at Present based on the proposed amendment

Aklan 230 1 1

Antique 125 1 1

Capiz 286 1 1

Guimaras 17 1 1

Iloilo 1221 2 2

Negros Occidental 1157 2 2

Negros Oriental 563 1 1

Palawan 204 1 1

Romblon 84 1 1

Siquijor 28 1 1

TOTAL 3915 12 12

Page 58: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Eastern Mindanao Region as of Oct 2010Chapter Members Delegates

Apportionment since 1973

Ideal Reapportionment at Present based on the proposed amendment

Agusan Del Norte 211 1 1

Agusan Del Sur 55 1 1

Bukidnon 166 1 1

Camiguin 44 1 1

Davao City 1238 2 2

Davao Del Sur 145 1 1

Davao Del Norte 189 1 1

Davao Oriental 54 1 1

Misamis Oriental 904 1 2

Surigao Del Norte 159 1 1

Surigao Del Sur 95 1 1

TOTAL 3260 12 13

Page 59: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Western Mindanao Region as of Oct 2010Chapter Members Delegates

Apportionment since 1973

Ideal Reapportionment at Present based on the proposed amendment

Cotabato 217 1 1

Lanao Del Norte 305 1 1

Lanao Del Sur 213 1 1

Misamis Occidental 193 1 1

North Cotabato 95 1 1

Saranggani 33 1 1

South Cotabato 365 1 1

Sultan Kudarat 53 1 1

Zamboanga-Basilan-Sulu-TawiTawi (ZamBaSulTa)

468 1 1

Zamboanga Del Norte 53 1 1

Zamboanga Del Sur 294 1 1

Zamboanga Sibugay 21 1 1

TOTAL 2518 12 12

Page 60: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Region Members Delegates Apportionment since

1973

Ideal Reapportionment at Present based on the proposed amendment

Northern Luzon 3828 14 14

Central Luzon 4583 11 10

Greater Manila 13324 25 26

Southern Luzon 12477 25 29

Bicolandia 2116 7 7

Eastern Visayas 4821 13 13

Western Visayas 3915 12 12

Eastern Mindanao 3260 12 13

Western Mindanao 2518 12 12

TOTAL 50842 131 136

Lawyers without Chapter Affiliation

1338

GRAND TOTAL 52180

Representation of Lawyers per Region in the House of Delegates

Page 61: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

The present districting of the IBP in terms of Chapters and Regions is NOT equitable, especially in the NCR and Southern Tagalog provinces where the two largest regions, GMR and SLR, are situated.

The existing districting into Chapters and Regions is NEVER meant to be ABSOLUTE.

The Board of Governors shall reorganize the various Chapters of cities and provinces, by division or merger, to the end that as far as practicable, no chapter shall have more than one thousand nor less than five hundred members, beginning with the fiscal year 1977-1978 (Sec. 26, Art IV, IBP By-Laws)

Redistricting is now ripe and necessary

Page 62: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Better representation and more active involvement of lawyers in chapter or local affairs (the more opportunities available for lawyers to serve in the local chapters of the IBP, the more we have lawyers getting involved in IBP affairs. This is more particularly true in extremely large chapters like Quezon City, Rizal, Makati and Manila IV.)

The Board shall coordinate and supervise the activities of all Chapters for purposes of promoting maximum lawyer participation in Integrated Bar affairs, and effective administration and operation of the organization. (Sec. 27, Art IV, IBP By-Laws)

Diffuses chapter-level disputes among lawyers’ groups, alliances and what have you especially in extremely large Chapters

Redistricting is now ripe and necessary

Page 63: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

For localities in Metro Manila, the pride in being part of a chapter bearing the name of the place where the lawyer –member resides or works

Redistricting is now ripe and necessary

Page 64: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

In cities/municipalities in NCR, and provinces that cannot form its own chapter of their own, lawyers therein may opt to join by way of merger with an existing adjacent chapter, subject to approval of the said existing chapter. Or two adjacent yet unorganized cities/municipalities in NCR may merge together to form one chapter

Precedent: Merger of Sulu and Tawi-Tawi in 1976 with Zamboanga City-Basilan Chapter;

This could be done in some Metro Manila cities/municipalities like Pateros, Navotas, or Valenzuela;

In the case of Batanes, despite its bigger number of lawyer members (26) compared to much smaller chapters like Zamboanga Sibugay (23) and Guimaras (17), being part of the NLR Region, it could merge with Cagayan Chapter, if so interested

Redistricting is now ripe and necessary

Page 65: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

New provinces should automatically organize its own Chapter, eg. in EMR, Compostela Valley has become full-fledge province for years now.

In the case of Maguindanao, a separate province, is entitled to its own Chapter

the existing IBP Cotabato Chapter, owing to its peculiar history, and its being city independent from Maguindanao within which it is situated, shall remain as it is.

Redistricting is now be ripe and necessary

Page 66: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

General Rule:

1. One Chapter per province (Sec. 4, Rule 139-A; Sec. 26, IBP By-Laws)

2. Every city shall be part of the province where it’s geographically situated

Exceptions: Each highly urbanized city in NCR shall have its separate Chapter, but

municipalities or cities within NCR that have no substantial number of lawyers may opt to cluster together, if adjacent, or to join an adjacent existing local chapter. However, existing Chapters of/with clustered cities in NCR shall within two years conduct further feasibility studies for possible redistricting into separate Chapters.

◦ Valenzuela◦ RIZAL (Rizal Province, Pasig, Marikina, San Juan, Mandaluyong, Taguig, Pateros)◦ Cal-Ma-Na (Caloocan, Malabon, Navotas)◦ PPLM (Pasay, Paranaque, Las Pinas, Muntinlupa)

Proposed Criteria for Redistricting Chapters

Page 67: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Exceptions: For chartered cities in NCR with more than 2,000 members,

each congressional district therein shall have a separate local Chapter. Existing Chapters in NCR with more than 2,000 members shall within two years conduct further feasibility study on possible redistricting.

Highly urbanized cities in the provinces may have its own chapter, so long as it has a enough lawyers to constitute the Chapter Board of Officers and provided that the separation from the province shall not adversely affect the viability of the Chapter of the province.

Criteria for Redistricting Chapters

Page 68: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Region Members Delegates Apportionment since

1973

Ideal Reapportionment at Present based on the proposed amendment (no redistricting yet)

Northern Luzon 3828 14 14Central Luzon 4583 11 10Greater Manila 13324 25 26Southern Luzon 12477 25 29Bicolandia 2116 7 7Eastern Visayas 4821 13 13Western Visayas 3915 12 12Eastern Mindanao 3260 12 13Western Mindanao 2518 12 12

TOTAL 50842 131 136Lawyers without Chapter

Affiliation1338

GRAND TOTAL 52180

Representation of Lawyers per Region in the House of Delegates

Page 69: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Total number of lawyers of Chapters to be clustered together in one Region. – a minimum of 2,000 and a maximum of 10,000.

Geographical location of Chapters within a Region for easier management and administration

Accessibility of Chapters within a Region More equitable representation of lawyers in the Board of

Governors Ethno-linguistic grouping not a consideration

* Redistricting of Regions shall be subject to further feasibility study (could be within two years or more)

Criteria for Redistricting Regions

Page 70: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Compare scenarios to trigger further discussion:

◦among Chapters that may be affected, or may voluntarily choose to redistrict

◦Among Regions that may be affected, or may voluntarily choose to redistrict

Study of scenarios

Page 71: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Northern Luzon Region as of Oct 2010Chapter Members

Abra 123

Baguio-Benguet 1097

Batanes (unorganized) 29

Cagayan 580

Ifugao 75

Ilocos Norte – LC 410

Ilocos Sur 362

Isabela 406

Kalinga-Apayao 103

La Union 358

Mountain Province 61

Nueva Vizcaya 181

Quirino 43

TOTAL 3828

Page 72: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

But on consideration of accessibility, administration and management of the region...

Northern Luzon Region may be redistricted into Northwestern Luzon (NWL) and Northeastern Luzon (NEL)

During the House of Delegates Convention, creation of 3 regions was proposed: Ilocos; CAR; Cagayan Valley ; may not be feasible because of lack of number of members to form 3 regions

Pangasinan to be redistricted to join NWL

Proposed Redistricting of Regions

Page 73: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Proposed Northwestern Luzon Region

Chapter Members Delegates Apportionment since

1973

Ideal Reapportionment at Present based on the proposed amendment

Abra 123 1 1Ilocos Norte – LC 410 1 1Ilocos Sur 362 1 1La Union 358 1 1PangasinanDagupan City

1206 3 21

TOTAL 2456 7 7

Page 74: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Proposed Northeastern Luzon RegionChapter Members Delegates

Apportionment since 1973

Ideal Reapportionment at Present based on the proposed amendment

Baguio CityBenguet

1097 2 2

Batanes (unorganized)

29 1 1

Cagayan 580 1 1

Ifugao 75 1 1

Isabela 406 1 1

Kalinga-Apayao 103 1 1

Mountain Province 61 1 1

Nueva Vizcaya 181 1 1

Quirino 43 1 1

TOTAL 2575 10 10

Page 75: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Central Luzon Region – considering the contiguity of the provinces within this region, the fact that it is actually the same grouping as the administrative Region III is merely coincidental. Includes Zambales, Bataan, Pampanga, Bulacan, Tarlac, Nueva Ecija, and Aurora.

Scenario 1 – Aurora included; Pangasinan still part of CLR;

Scenario 2 – Pangasinan redistricted to NWL

Proposed Redistricting of Regions

Page 76: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Proposed Central Luzon RegionScenario 1*:

Chapter Members Delegates Apportionment since

1973

Ideal Reapportionment at Present based on the proposed amendment

Aurora 37 1 1

Bataan 191 1 1

Bulacan 1291 2 3

Nueva Ecija 546 1 1

Pangasinan* 713 3 2

Pampanga 1206 2 1

Tarlac 354 1 1

Zambales 282 1 1

TOTAL 4620 12 11

Page 77: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Proposed Central Luzon Region Scenario 2:

Chapter Members Delegates Apportionment since

1973

Ideal Reapportionment at Present based on the proposed amendment

Aurora 37 1 1

Bataan 191 1 1

Bulacan 1291 2 3

Nueva Ecija 546 1 1

Pampanga 713 2 1

Tarlac 354 1 1

Zambales 282 1 1

TOTAL 3513 9 9

Page 78: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Greater Manila Region as of Oct 2010

Chapter Members

Manila I 607

Manila II 1071

Manila III 1453

Manila IV 2472

Quezon City 7721

TOTAL 13324

Page 79: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Greater Manila Region – largest in members with 13,324 members, may be redistricted into two: GMR1 and GMR2 or by whatever name more suitable (position submitted at the House of Delegates convention)

GMR1 – Manila chapters GMR2 – Quezon City, but only after dividing into

4 chapters

Proposed Redistricting of Regions

Page 80: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Proposed Greater Manila Region-1

Chapter Members Delegates Apportionment since

1973

Ideal Reapportionment at Present based on the proposed amendment

Manila I 607 1 1Manila II 1071 4 2Manila III 1453 3 3Manila IV 2472 6 5

TOTAL 5,603 14 11

Page 81: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Proposed Greater Manila Region-2

Chapter Members Delegates Apportionment since

1973

Ideal Reapportionment at Present based on the proposed amendment

Quezon City I, II, III & IV

7721 11 15

TOTAL 7721 11 15 -16

Page 82: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

SLR to be redistricted into two new Chapters: GMR2 (if GMR doesn’t split) or GMR3 (if GMR splits into GMR1 and GMR2); and new SLR

Valenzuela City to create its own IBP Chapter The existing Rizal-San Juan-Mandaluyong Chapter under

new SLR (HD and SLR Convention position) Romblon and Palawan also under new SLR

Proposed redistricting of Regions

Page 83: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Proposed Greater Manila Region 2 or 3Chapter Members Delegates

Apportionment since 1973

Ideal Reapportionment at Present based on the proposed amendment

Cal-Ma-Na(Caloocan-Malabon-Navotas)

1109 2 3

Valenzuela -* - 1Makati 3054 5 6PPLM (Pasay-Paranaque-LasPinas-Muntinlupa)

1769 2 1111

TOTAL 5,932* - 14

Page 84: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Proposed new Southern Luzon RegionChapter Members Delegates

Apportionment since 1973

Ideal Reapportionment at Present based on the proposed amendment

Batangas 853 2 2Cavite 850 2 2Laguna 839 2 2Marinduque 82 1 1Occidental Mindoro

78 1 1

Oriental Mindoro 242 1 1Palawan 204 1 1Quezon 504 2 1Rizal-San Juan- Mandaluyong

3060 4 6

Romblon 84 1 1TOTAL 6796 17 18

Page 85: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Bicolandia Region (no changes)Chapter Members Delegates

Apportionment since 1973

Ideal Reapportionment at Present based on the proposed amendment

Albay 600 1 1

Camarines Norte 159 1 1

Camarines Sur 884 2 2

Catanduanes 107 1 1

Masbate 181 1 1

Sorsogon 185 1 1

TOTAL 2116 7 7

Page 86: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Eastern Visayas Region (no changes)Chapter Members Delegates

Apportionment since 1973

Ideal Reapportionment at Present based on the proposed amendment

Biliran 47 1 1

Bohol 434 1 1

Cebu 1117 2 2

Cebu City 1688 3 3

Eastern Samar 180 1 1

Leyte 935 2 2

Northern Samar 182 1 1

Samar 151 1 1

Southern Leyte 87 1 1

TOTAL 4821 13 13

Page 87: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Western Visayas Region – includes Palawan and Romblon which geographically speaking are more accessible as they are both more proximate to Southern Luzon area;

Hence, these provinces need to be redistricted with SLR where they should belong.

Proposed Redistricting of Regions

Page 88: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Western Visayas RegionChapter Members Delegates

Apportionment since 1973

Ideal Reapportionment at Present based on the proposed amendment

Aklan 230 1 1

Antique 125 1 1

Capiz 286 1 1

Guimaras 17 1 1

Iloilo 1221 2 2

Negros Occidental 1157 2 2

Negros Oriental 563 1 1

Siquijor 28 1 1

TOTAL 3627 10 10

Page 89: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Eastern Mindanao Region – same Chapters including Compostela Valley

Misamis Oriental – 2 delegates

Proposed Redistricting of Regions

Page 90: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Eastern Mindanao Region Chapter Members Delegates

Apportionment since 1973

Ideal Reapportionment at Present based on the proposed amendment

Agusan Del Norte 211 1 1

Agusan Del Sur 55 1 1

Bukidnon 166 1 1

Camiguin 44 1 1

Compostela Valley - - 1

Davao City 1238 2 2

Davao Del Sur 145 1 1

Davao Del Norte 189 1 1

Davao Oriental 54 1 1

Misamis Oriental 904 1 2*

Surigao Del Norte 159 1 1

Surigao Del Sur 95 1 1

TOTAL 3260 12 14

Page 91: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Western Mindanao Region (no changes)Chapter Members Delegates

Apportionment since 1973

Ideal Reapportionment at Present based on the proposed amendment

Cotabato 217 1 1

Lanao Del Norte 305 1 1

Lanao Del Sur 213 1 1

Misamis Occidental 193 1 1

North Cotabato 95 1 1

Saranggani 33 1 1

South Cotabato 365 1 1

Sultan Kudarat 53 1 1

Zamboanga-Basilan-Sulu-TawiTawi (ZamBaSulTa)

468 1 1

Zamboanga Del Norte 53 1 1

Zamboanga Del Sur 294 1 1

Zamboanga Sibugay 21 1 1

TOTAL 2518 12 12

Page 92: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Region Members Delegates Apportionment since

1973

Northern Luzon 3828 14

Central Luzon 4583 11

Greater Manila 13324 25

Southern Luzon 12477 25

Bicolandia 2116 7

Eastern Visayas 4821 13

Western Visayas 3915 12

Eastern Mindanao 3260 12

Western Mindanao 2518 12

TOTAL 50842 131

Lawyers without Chapter Affiliation

1338 Average delegate/region is 15

GRAND TOTAL 52180

Representation of Lawyers per Region in the House of Delegates as of present

Page 93: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Region Members Delegates per amendment

Northern Luzon 3828 14Central Luzon 4620 12

Greater Manila 13324 25

Greater Manila 2 5932 11

Southern Luzon (new) 6796 18

Bicolandia 2116 7

Eastern Visayas 4821 13

Western Visayas 3627 10

Eastern Mindanao 3260 14

Western Mindanao 2518 12

TOTAL 50842 143Lawyers without Chapter Affiliation

(unpaid)1338 (average delegate/region is

14)GRAND TOTAL

Representation per Region per proposed amendments (Scenario 1)

Page 94: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

Region Members Delegates per amendment

Northwestern Luzon 2456 7Northeastern Luzon 2575 10

Central Luzon 3513 9

Greater Manila 1 5603 11

Greater Manila 2 7721 15-16

Greater Manila 3 5932 14

Southern Luzon (new) 6796 18

Bicolandia 2116 7

Eastern Visayas 4821 13

Western Visayas 3627 10

Eastern Mindanao 3260 14

Western Mindanao 2518 12

TOTAL 50842 140-141Lawyers without Chapter Affiliation

(unpaid)1338 (average delegate/region is

11.67)**GRAND TOTAL 52180

Representation per Region per proposed redistricting (Scenario 2)

Page 95: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

We believe in fair and equitable representation of lawyers in the Chapters, in the Regions, and in the Board of Governors

While there are Chapters wanting status quo, we have to admit that there are many lawyers in their respective localities that also want to form their own local Chapter, especially in the highly urbanized cities both in the NCR and in some provinces. Birth pain is a given, but it is not a deterrent to new Chapters’ viability.

And, for extremely large Chapters in highly urbanized cities, let us be open to more representation, more active involvement and participation of lawyers in IBP local Affairs.

Conclusion

Page 96: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

The IBP is a dynamic organization.

We do not resist positive changes.

Final Statements

Page 97: PROPOSED AMENDMENTS TO THE IBP BY-LAWS

GOV. ADOR TOLENTINOIBP Southern Luzon Region

2009-2011

THANK YOU.


Recommended