The Supreme Court (SC) found lawyer Nilo Divina guilty of simple misconduct in its recent decision on a case against him for committing impropriety.
Divina, who is also the dean of the University of Santo Tomas’ (UST) Faculty of Civil Law, was found to have sponsored trips for members of the Integrated Bar of the Philippines (IBP).
“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,” read the decision penned by Associate Justice Samuel Gaerlan.
An anonymous letter submitted contained allegations that Divina had engaged in an illegal campaign for IBP-Central Luzon Governor.
Under the provisions of the Code of Professional Responsibility and Accountability (CPRA) for the members of the bar on proper conduct, “a lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct,” Divina having been found guilty of such.
The Supreme court, however, gave no credence to the allegations that the sponsored trips were connected to Divina’s IBP ambitions.
Justice Marvic Leonen, although concurring with the ruling of the ponencia, emphasized that a fine was not sufficient punishment for such acts.
“The ponencia already recognizes the ‘serious nature of Atty. Divina’s violation.’ The payment of a mere fine will not deter someone of Atty. Divina’s affluence from committing further infractions of the same or similar nature. In my view, suspension is a more appropriate penalty for these infractions,” he wrote in his decision.
On the other hand, Justice Amy Lazaro-Javier, who was an instructor in UST’s Civil Law Program, wrote a dissenting opinion.
“Atty. Divina is the Legal Adviser of IBP Central Luzon, hence, an officer thereof. On the other hand, the team-building activities held in Balesin and Bali, Indonesia were precisely for the officers of the IBP Central Luzon. His presence during the said trips, then, obviously is a matter of course,” Lazaro-Javier wrote.
Lazaro-Javier also emphasized that the gestures of Divina for sponsoring the trips subject of the decision, were not out of the ordinary given it was not the first time he sponsored trips.
Divina had, on several occasions, treated UST Civil Law faculty members and students to trips around and out of the country.
The decision imposed a P100,000 fine on Divina.
“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,” Divina told The Flame, the UST Faculty of Arts and Letters’ official publication.
Divina is set to file a motion for reconsideration to provide additional context for the Supreme Court.
