Supreme Court of the Philippines, Manila (PNA file photo by Yancy Lim)
MANILA – The Supreme Court (SC) has found lawyer Nilo Divina guilty of simple misconduct under the Code of Professional Responsibility and Accountability (CPRA) for committing impropriety when he sponsored the trips of Integrated Bar of the Philippines (IBP)-Central Luzon officers.
The en banc ruling penned by Associate Justice Samuel Gaerlan, shared online by the SC Public Information Office on Monday, imposed a fine of PHP100,000 on Divina, a member of IBP-Tarlac Chapter, and other lawyers who joined the trips.
An anonymous letter alleged that Divina engaged in illegal campaigning as part of his plans to be elected IBP-Central Luzon governor.
The letter claimed that Divina took current IBP-Central Luzon officers to Balesin Island Club in Quezon province in 2022 and to Bali, Indonesia in 2023.
It was alleged that the officers were provided with cash and gift checks totaling hundreds of thousands of pesos.
The other lawyers also found guilty of simple misconduct for receiving the gifts and were likewise fined PHP100,000 each were Peter Paul Maglalang as governor of IBP-Central Luzon (2021-2023); Winston Ginez as president of IBP-Zambales (2021-2023); Jocelyn Clemente as auditor of IBP-Tarlac (2021-2023); and Jade Paulo Molo, Enrique Dela Cruz Jr. and Jose Dela Rama Jr.
The Court said Divina committed impropriety in sponsoring the trips in violation of Canon II, Sections 1 and 2 of the CPRA.
The Court ruled that the gifts created a sense of obligation on the recipients to repay Divina in the future.
The sponsored trips were also solely for the benefit of the officers and not for IBP’s constituents.
Further, the Court stated that Divina’s behavior was inappropriate as it raised questions about the integrity, fairness and independence of the IBP.
The Court, however, found that Divina did not commit prohibited acts related to IBP elections under Section 14 of the Revised IBP By-Laws.
Divina said he will file a motion for reconsideration.
“I am pleased that the Supreme Court held that I am innocent of the charge of illegal campaigning activities for the election of the Governor of the IBP Central Luzon Chapter, and that the sponsoring of trips was not committed relative to any election in the IBP,” Divina said in a statement.
The Court stressed that “the receipt of these gifts -- which are nothing short of exorbitant -- reflects on their ability to act with propriety and maintain the appearance of propriety in personal and professional dealings. Prudence dictates that such ostentatious gifts would make them beholden to the giver and this feeling of owed gratitude may cloud their judgment in the future."
Associate Justice Marvic Leonen said in his concurring opinion that the “proper penalty should be suspension from the practice of law.”
“Atty. Divina is being sanctioned precisely because he used his wealth to commit improprieties. The gravity of the offense would not be felt by Atty. Divina if this Court allows him the simple expediency paying a fine,” he said.
The Court had lifted its suspension of the IBP-Central Luzon officers election and ordered the election for the IBP-Central Luzon governor for the 2023-2025 term to proceed. (PR/Supreme Court Public Information Office)
