The Supreme Court has found Atty. Nilo Divina guilty of misconduct for sponsoring the trips of the officers of the Integrated Bar of the Philippines-Central Luzon.
According to the SC, Divina was guilty of simple misconduct under the Code of Professional Responsibility and Accountability (CPRA) for committing impropriety.
It imposed on Divina, a member of the IBP-Tarlac Chapter, a fine of P100,000.
The court, however, found that Divina did not commit prohibited acts related to IBP elections under Section 14 of the Revised IBP By-Laws.
Divina said would ask the SC to reconsider its ruling.
“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 of flagrant disregard of established rules,” Divina told reporters.
“I fully trust in the wisdom of the Honorable Supreme Court, the legal process, and in the rule of law. As such, I will file a motion for reconsideration. I sincerely hope that by providing additional context, the Supreme Court will appreciate my perspective,” he added.
According to the court, an anonymous letter accused Divina of engaging in illegal campaigning as part of his plans to be elected as governor of the IBP-Central Luzon.
In its decision, the SC said it found that Divina committed impropriety in violation of Canon II, Sections 1 and 2 of the CPRA.
The SC said that the gifts created a sense of obligation for the recipients and that they were solely for the benefit of the officers and not the IBP’s constituents.
Aside from this, it said that his behavior was inappropriate as it raised questions about the integrity, fairness, and independence of the IBP.
Meanwhile, six other lawyers were found guilty of simple misconduct for receiving gifts. They were also fined P100,000.
“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 SC 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,” it added.
Meanwhile, it lifted the suspension of the IBP-Central Luzon officers election and ordered the election for its governor to proceed.
The SC ordered the IBP-Central Luzon to halt its elections amid the allegations in April 2023.
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