SC penalized Divina for conduct, not generosity — Leonen

MANILA, Philippines — The Supreme Court did not punish the generosity of lawyer Dean Divina but rather his behavior, to remind him of the importance of propriety in dealing with his colleagues in the legal community.

This was stated by Supreme Court Associate Justice Marvic Leonen in his concurring opinion on the decision that found Divina guilty of misconduct after sponsoring trips for officers of the Integrated Bar of the Philippines (IBP)–Central Luzon in 2022 and 2023.

According to the senior magistrate, Divina’s actions carried an "air of suspicion" when he gave "excessive and luxurious gifts" to lawyers who hold or may hold influential positions within the IBP during officer elections.

Leonen added that even if there was no expectation of repayment, the lingering sense of gratitude acts like an "invisible string that can always be pulled during a critical time."

“There was no direct evidence that Atty. Divina used these gifts to influence the current IBP elections. However, it cannot be denied that the recipients of these gifts now feel a sense of gratitude toward him. If they do not, their peers could see them as ungrateful to their erstwhile patron. Such a situation would not arise had Atty. Divina maintained a sense of propriety in his personal dealings within the legal community,” Leonen’s opinion read.

“In future disciplinary cases against him, for example, these beneficiaries of his magnanimity would be ready to come to his defense despite clearer and more direct evidence of his infractions,” he added.

In a 25-page decision promulgated on July 30, the high court found Divina, who is also the dean of the University of Santo Tomas Faculty of Civil Law, guilty of misconduct under the Code of Professional Responsibility and Accountability (CPRA).

He was fined P100,000.

The CPRA refers to the code of conduct for lawyers. It was approved by the 15-member high tribunal on April 11, 2023, updating the 34-year-old Code of Professional Responsibility.

Emphasizing the issue of generosity, Leonen pointed out that Divina’s actions benefited only specific individuals within the legal community and not the community as a whole.

He noted that the trips Divina