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HEADLINES

SC penalizes top lawyer Divina for ‘excessive generosity ‘ towards IBP officers

9/12/24, 8:05 AM

The Supreme Court has sanctioned renowned lawyer and UST School of Law Dean Nilo T. Divina for demonstrating "excessive generosity" by treating key officers of the Integrated Bar of the Philippines (IBP)-Central Luzon to lavish vacations at luxury destinations in Bali, Indonesia, and Balesin Island, Quezon.

In a 10-4 ruling, the Court also found the IBP officers, who were recipients of Divina’s extravagant hospitality, guilty of the same misconduct.

Divina, along with six other IBP-Central Luzon members and officers, was ordered to pay a fine of ₱100,000 each after being found guilty of simple misconduct. Their actions were determined to be in violation of Canon II, Sections 1 and 2 of the Code of Professional Responsibility and Accountability.

The penalized officers include lawyers Peter Paul S. Maglalang, Winston M. Ginez, Jocelyn M. Clemente, Jade Paulo Molo, Enrique de la Cruz Jr., and Jose de la Rama Jr. Maglalang served as the IBP-Central Luzon governor, Ginez as president of IBP Zambales, and Clemente as auditor of IBP-Central Luzon.

In the 25-page decision written by Associate Justice Samuel H. Gaerlan, the Supreme Court found no evidence implicating Divina or the IBP officers in any violations related to the 2023-25 elections of IBP officers.

The Court acknowledged that "no concrete evidence" existed to suggest Divina intended to run for IBP-Central Luzon governor, despite an anonymous letter accusing him of illegal campaign activities.

The letter, sent to the Supreme Court on March 24, 2023, claimed Divina was involved in bribery to influence his election as IBP-Central Luzon governor. The elections, originally scheduled for April 2023, were postponed due to the controversy.

The anonymous sender alleged that Divina’s ultimate goal was to become IBP national president.

According to the letter, Divina treated IBP-Central Luzon officers to a trip to Balesin in 2022, followed by distributing cash gifts of ₱50,000 to certain officers later that year. In February 2023, Divina allegedly sponsored another trip for IBP officers, this time to a luxury resort in Bali.

“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.

The court added: “Prudence dictates that such ostentatious gifts would make them beholden to the giver and this feee of owed gratitude may cloud their judgment in the future.”

“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

ILuzon Officers to Balesin Island Club and to Bali, Indonesia crossed the borders on excessive and overstepped the line of propriety,” the SC stressed.

The officers argued that the Balesin trip was part of an IBP-Quezon team-building program, while the Bali trip coincided with Divina's attendance at a separate UST Alumni Association event, which he headed.

However, Associate Justices Amy C. Lazaro-Javier, Ricardo R. Rosario, Ramon Paul L. Hernando, and Jhosep Y. Lopez dissented, with Lazaro-Javier expressing concern over the decision.

“On this score, I join the eloquent elucidation of my esteemed colleague Associate Justice Ricardo R. Rosario on why penalizing ‘over generosity’ ve is not only problematic, but more important unsupported by existing rules,” said Lazaro-Javier in her dissenting opinion.

Photo from beta.pna.gov.ph

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