Supreme Court fines law dean for sponsoring 'exorbitant' trips

MANILA, Philippines — The Supreme Court has found the dean of the University of Sto. Tomas' Faculty of Civil Law guilty of misconduct for sponsoring trips of officers of the Integrated Bar of the Philippines–Central Luzon in 2022 and 2023

In a decision penned by Associate Justice Samuel Gaerlan, the high court en banc imposed a fine of P100,000 on lawyer Nilo Divina, who is a member of the IBP–Tarlac chapter.

For committing impropriety, Divina was found "guilty of simple misconduct" under the Code of Professional Responsibility and Accountability, which serves as the code of conduct for all lawyers in the Philippines, according to the Supreme Court's statement on Monday.

Divina is also the head of DivinaLaw, one of the top legal firms based in Manila.

What went before. This decision follows the submission of an anonymous complaint alleging Divina engaged in illegal campaigning for the IBP-Central Luzon governor position

According to the complaint, Divina funded trips to Balesin Island Club in 2022 and Bali, Indonesia in 2023 for IBP-Central Luzon officers, and provided them with substantial cash and gift checks.

The Supreme Court en banc found that Divina’s actions violated Canon II, Sections 1 and 2 of the lawyers' code of conduct. The trips, intended solely for the benefit of the officers rather than the IBP's constituents, created a sense of obligation and indebtedness to Divina.

"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 Supreme Court statement read. 

No election by-laws violated. While the high court frowned upon Divina’s behavior, it found no evidence of illegal election activities under the Revised IBP By-Laws, as alleged in the anonymous letter.

According to the Supreme Court's 25-page decision, there was "no concrete evidence" that Divina had any intention of running for governor of IBP-Central Luzon.

Compromised impartiality

Also found guilty of simple misconduct and fined P100,000 each for receiving the gifts were the following lawyers:

• Peter Paul Maglalang, former Governor of IBP-Central Luzon
• Winston Ginez, former President of IBP-Zambales Chapter
• Jocelyn Clemente, former Auditor of IBP-Tarlac Chapter
• Jade Paulo Molo
• Enrique Dela Cruz Jr.
• Jose Dela Rama Jr. 

The extravagant gifts compromised the lawyers' capacity to act impartially and retain their professional propriety, the decision read.

While Divina said his actions to support the IBP and its activities were "out of generosity," the decision noted that the sponsored trips "crossed the borders on excessive and overstepped the line of propriety."

"The Court observes 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," the decision stated.

"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," it added.

Motion for reconsideration

In a message to Philstar.com, Divina acknowledged the Supreme Court’s decision, noting that while his actions were deemed simple misconduct, they did not involve corruption or intent to violate IBP's by-laws. 

"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 elections in the IBP," Divina said.

"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 (sic) the law of flagrant disregard of established rules (CPRA, Canon VI, Sec. 34)," he added.

The long-time UST dean, who has been in the position since 2009, expressed trust in the legal process and announced plans to file a motion for reconsideration, hoping that additional context might lead to a different perspective from the high court.

"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 said. — with reports from Ian Laqui