THE SUPREME Court has found the dean of the UST Faculty of Civil Law guilty of simple misconduct for sponsoring the trips of the officers of the Central Luzon chapter of the Integrated Bar of the Philippines (IBP).
Nilo Divina committed impropriety and violated the Code of Professional Responsibility and Accountability when he sponsored the trips, the Supreme Court En Banc ruled in a decision penned by Associate Justice Samuel Gaerlan.
The high court slapped a fine of P100,000 on Divina, also a member of the IBP-Tarlac chapter. It also gave the law dean a stern warning that a repetition of the same or similar offense would be dealt with more severely.
An anonymous letter had accused Divina of engaging in illegal campaigning as part of his plans to be elected governor of IBP-Central Luzon. According to the letter, Divina took current officers of the lawyers group to Balesin Island Club in 2022 and to Bali, Indonesia in 2023 and gave them cash and gift checks worth hundreds of thousands of pesos.
The Supreme Court ruled that the gifts create a sense of obligation on the recipients to repay Divina’s gratitude in the future. The sponsored activities, the high court added, were solely for the benefit of the group’s officers, not a particular activity of the IBP for the benefit of its constituents.
“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,” the high court said.
“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.”
Divina’s behavior was also deemed as inappropriate as it raised questions about the integrity, fairness, and independence of the IBP.
“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. This Court cannot countenance his actions as it casts serious doubts as to the IBP’s integrity, impartiality, and independence,” the Supreme Court said.
IBP officers, the high court added, should be held to a higher degree of standard and should, as much as possible, avoid involvement in activities that may erode the integrity and independence of the group as a public institution.
Divina claimed that the activities he had sponsored were “unconditional and borne out of goodwill.”
“However, the Supreme Court adjudged that said act of generosity constitutes simple misconduct- meaning misconduct without the manifest elements of corruption, clear intent to violate the law or flagrant disregard of established rules,” the law dean said in an email to The Flame.
Also found guilty of simple misconduct for receiving gifts were lawyers Peter Paul Maglalang, governor of IBP-Central Luzon from 2021 to 2023; Winston Ginez, president of IBP-Zambales chapter from 2021 to 2023; Jocelyn Clemente, auditor of IBP-Tarlac Chapter from 2021 to 2023; Jade Paulo Molo, Enrique dela Cruz, Jr. and Jose dela Rama, Jr. Each was fined P100,000.
No illegal campaigning
However, the Supreme Court ruled that Divina did not engage in prohibited acts related to IBP elections. According to the ruling, there is no concrete evidence that Divina has or had any intention of running for Governor of IBP-Central Luzon.
“While the act of Atty. Divina in sponsoring the trip to the Balesin Island Club in Polilio, Quezon and Bali, Indonesia of the IBP-Central Luzon officers might appear extravagant and excessive, we do not find the same to have been committed relative to any. elections in the IBP,” it said.
Divina denied engaging in illegal campaigning, saying he was not a candidate for any position. He added that those who attended the trips had no power to nominate and vote for the IBP-Central Luzon governor.
Next move
Divina intends to file a motion asking the Supreme Court to reconsider its ruling that found him guilty of simple misconduct.
“I sincerely hope that by providing additional context, the Supreme Court will appreciate my perspective. 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 said.
The IBP, which was established in 1973, is the official organization of all Filipino lawyers. F – reports from B.A. Gavilan
[…] Divina claimed that the activities he had sponsored were “unconditional and borne out of goodwill,” according to a report by The Flame, the official student publication of the UST Faculty of Arts and Letters. […]