FACULTY of Civil Law Dean Nilo Divina has been found guilty of simple misconduct by the Supreme Court en banc for sponsoring lavish trips for officers of the Integrated Bar of the Philippines (IBP) – Central Luzon in 2022 and 2023.
Divina had funded the trip of the IBP members to Balesin Island Club, an exclusive resort in Quezon Province, and to Bali, Indonesia. He had also given out hundreds of thousands of pesos in cash and gift checks to the IBP officers.
In a 25-page decision dated July 30 but released Aug. 19, the high court said Divina committed impropriety and penalized him with a fine of P100,000 for violating Canon II, Sections 1 and 2 of the legal profession’s Code of Professional Responsibility and Accountability.
“Although Atty. Divina claims his intentions in supporting the IBP and its activities are out of generosity; the sponsorship of the trips of the IBP-Central Luzon Officers to Balesin Island Club and to Bali, Indonesia crossed the borders on excessive and overstepped the line of propriety,” the decision, penned by Associate Justice Samuel Gaerlan, read.
“This Court cannot countenance his actions as it casts serious doubts as to the IBP’s integrity, impartiality, and independence. In his dealings with the IBP, the Court deems Atty. Divina’s conduct fell below the exacting standards of conduct expected of a member of the legal profession,” it continued. “Thus, the Court finds Atty. Divina guilty of Simple Misconduct in violation of Canon II, Sections 1 and 2 of the CPRA.”
Canon II, Section 1 of the professional code states that “a lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct.”
Section 2 of the code says that “a lawyer shall not engage in conduct that adversely reflects on one’s fitness to practice law, nor behave in a scandalous manner, whether in public or private life, to the discredit of the legal profession.”
The ruling stemmed from an anonymous letter dated March 24, 2023, alleging that Divina had engaged in illegal campaigning to be elected the IBP-Central Luzon governor.
Divina did not deny his sponsorship of the trips, saying they were “acts of generosity” in support of the IBP. He had donated a total of P11,394,000 to the IBP from 2012 to 2023.
In its decision, the Supreme Court ruled that the gifts “create[d] a sense of obligation on the recipient to repay his (Divina’s) gratitude in the future.”
In his concurring opinion, Associate Justice Marvic Leonen said the intention behind Divina’s gifts was irrelevant.
Leonen also asserted that suspension should have been the proper penalty for Divina.
“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 high court found no evidence of Divina engaging in illegal election activities.
In a statement to the Varsitarian, the UST law dean said he would submit a motion for reconsideration.
Divina also said he remained committed to “upholding the highest standards of professional conduct.”
“I will file a motion for reconsideration. I sincerely hope that by providing additional context, the Supreme Court will appreciate my perspective,” he said.
“My commitment to upholding the highest standards of professional conduct remains unwavering and I reaffirm my dedication to ethical practices in all my professional dealing and interactions,” he added.
Six officers of the IBP, namely Peter Maglalang, Winston Ginez, Jocelyn Clemente, Jade Paulo Molo, and UST Faculty of Civil Law professors Enrique Dela Cruz Jr. and Jose Dela Rama Jr., were also found guilty of simple misconduct for receiving the gifts. They were fined P100,000 each.
The Supreme Court lifted its suspension of the IBP-Central Luzon election and ordered the election for its governor for the 2023-2025 term to proceed.
Those who concurred with the decision were Chief Justice Alexander Gesmundo and associate justices Henry Inting, Rodil Zalameda, Mario Lopez, Ricardo Rosario, Jhosep Lopez, Japar Dimaampao, Jose Marquez, Antonio Kho Jr., Marvic Leonen, Alfredo Caguioa, and Maria Singh.
Two associate justices, Ramon Hernando and Amy Lazaro-Javier, who are both former UST law professors, dissented.
