Case Digest (A.M. No. 23-04-05-SC)
Facts:
Re: Illegal Campaign and Activities in Integrated Bar of the Philippines Central Luzon Allegedly Perpetrated by Atty. Nilo Divina, A.M. No. 23-04-05-SC, July 30, 2024, the Supreme Court En Banc, Gaerlan, J., writing for the Court.The matter originated from an Anonymous Letter dated March 24, 2023, accusing Atty. Nilo T. Divina of engaging in prohibited campaign activities for the IBP‑Central Luzon governorship by sponsoring lavish trips (Balesin, Summer 2022; Bali, February 2023) and by distributing cash/gift checks in December 2022. The letter attached photographs and a document entitled “My Story,” attributed to Atty. Jocelyn Z. Martinez‑Clemente, describing meetings at Atty. Divina’s office and alleged gifts of Sodexo certificates.
By Resolution of April 11, 2023, the Court required comments from Atty. Divina and several named individuals identified in the attachments (including Winston Ginez, Buko dela Cruz, Peng dela Rama, Jade Molo, Atty. Jo Clemente, Atty. Peter Paul S. Maglalang), and directed the IBP National and Central Luzon officers to assist in identifying persons in the photos. Multiple respondents filed comments: Atty. Clemente (affirming her “My Story” but characterizing Balesin as team‑building), Atty. Maglalang (incumbent Governor, explaining the trips as team‑building and alumni/Christmas events), other chapter officers and attendees (explaining context and denying impropriety), and Atty. Divina (denying illegal campaigning and asserting his sponsorships were unconditional generosity).
Acting on the Court’s April 25, 2023 Resolution, the scheduled May 5, 2023 election for IBP‑Central Luzon Governor was held in abeyance; the Court appointed Atty. Maria Imelda Quiambao‑Tuazon as Officer‑in‑Charge to represent the regio...(Pro-only)
Issues:
- Did Atty. Nilo T. Divina commit prohibited acts and practices relative to IBP elections under Section 14 of the Revised IBP By‑Laws (i.e., illegal campaign activities)?
- Did Atty. Divina otherwise violate Canon II, Sections 1 and 2 of the Code of Professional Responsibility and Accountability (CPRA) so as to constitute simple misconduct, and what penalty is appropriate?
- Are the IBP officers and recipients of the sponsorships (Attys. Maglalang, Ginez, Clemente, Molo, Enrique V. Dela Cruz, Jr., and Jose I. Dela Rama, J...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)