Title
Supreme Court
Re: Illegal Campaign and Activities in Integrated Bar of the Philippines a Central Luzon Allegedly Perpetrated by Atty. Nilo Divina
Case
A.M. No. 23-04-05-SC
Decision Date
Jul 30, 2024
Atty. Divina faced allegations of illegal electioneering for funding IBP activities. The Court found insufficient evidence and ruled he did not violate election laws but imposed a fine for excessive generosity harming the IBP's integrity.

Case Digest (A.C. No. 236-J)
Expanded Legal Reasoning Model

Facts:

  • Origin of the Case
    • An anonymous letter dated March 24, 2023, alleged illegal campaign activities by Atty. Nilo T. Divina in the election of the Integrated Bar of the Philippines (IBP)-Central Luzon Governor.
    • The letter accused Atty. Divina of spending hundreds of thousands to millions of pesos on prohibited campaign activities intending to become IBP-Central Luzon Governor and eventually IBP National President.
  • Allegations Detail
    • Atty. Divina allegedly sponsored several activities including:
      • A trip to Balesin Island Club (Summer 2022) for IBP-Central Luzon Officers.
      • Distribution of cash and gift checks worth hundreds of thousands in December 2022.
      • A trip to Bali, Indonesia (February 2023) for the same group.
    • Several IBP-Central Luzon Officers were identified as attendees of these trips.
    • A letter titled "My Story," purportedly by Atty. Jocelyn Z. Martinez-Clemente, described a meeting at Atty. Divina's office where she was asked about desired positions in the IBP if Divina became Governor and given gift certificates.
  • Court Proceedings
    • The Supreme Court directed several parties, including Atty. Divina and certain IBP officers, to file comments on the allegations.
    • Atty. Clemente and other officers submitted detailed comments denying illegal intent and explaining the nature of the trips as team-building and legitimate gatherings.
    • Atty. Divina denied any intention to run for IBP-Central Luzon Governor and claimed his sponsorships were acts of goodwill for the benefit of the legal community.
    • The scheduled May 5, 2023, election for the IBP-Central Luzon Governor was suspended pending the resolution of the case.
  • Background on IBP
    • The IBP is a public institution formed to integrate the Philippine Bar, promote the legal profession, and discharge public responsibilities.
    • The IBP operates under Supreme Court supervision, with election rules and conduct governed by its Revised By-Laws.
    • The Court emphasized the IBP's role in disciplinary functions and maintaining the integrity of the legal profession.

Issues:

  • Whether Atty. Divina committed illegal or prohibited campaign activities violating Section 14 of the IBP Revised By-Laws in sponsoring the trips and gift distributions.
  • Whether Atty. Divina and certain IBP officers violated Canon II, Sections 1 and 2 of the Code of Professional Responsibility and Accountability (CPRA) by accepting or providing gifts that may reflect impropriety.
  • Whether the suspension of the IBP-Central Luzon Governor election was justified and what the appropriate remedy is.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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