📷Atty. Nilo Divina (philippinesgraphic.com.ph)
The Supreme Court has found Atty. Nilo T. 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.
This was the ruling of the Supreme Court En Banc, in a Decision penned by Associate Justice Samuel H. Gaerlan, imposing, a fine of PHP100,000 on Atty. Divina, a member of IBP-Tarlac Chapter.
An anonymous letter alleged that Atty. Divina engaged in illegal campaigning as part of his plans to be elected IBP-Central Luzon Governor.
The letter claimed that Atty. Divina took current IBP-Central Luzon officers to Balesin Island Club in 2022 and to Bali, Indonesia in 2023, and provided them with cash and gift checks totaling hundreds of thousands of pesos.
The Court found that Atty. Divina committed impropriety in sponsoring the trips of IBP-Central Luzon Officers in violation of Canon II, Sections 1 and 2 of the CPRA.
The Court ruled that these gifts create a sense of obligation on the recipients to repay Atty. Divina’s gratitude 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 Atty. Divina’s behavior was inappropriate as it raised questions about the integrity, fairness, and independence of the IBP.
The Court, however, found that Atty. Divina did not commit prohibited acts related to IBP elections under Section 14 of the Revised IBP By-Laws.
The following were also found guilty of Simple Misconduct for receiving the gifts: Atty. Peter Paul S. Maglalang, as Governor of IBP-Central Luzon (2021-2023); Atty. Winston M. Ginez as President of IBP-Zambales Chapter (2021-2023); Atty. Jocelyn M. Clemente as Auditor of IBP-Tarlac Chapter (2021-2023); and Attys. Jade Paulo T. Molo, Enrique V. Dela Cruz, Jr., and Jose I. Dela Rama, Jr.
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.”
Each of the lawyers was fined PHP 100,000.
The Court also lifted its suspension of the IBP-Central Luzon officers election and ordered the election for IBP-Central Luzon Governor for the 2023-2025 term to proceed. (Courtesy of the Supreme Court Public Information Office)
