Metro Manila (CNN Philippines, September 26) — Patricia Bautista, estranged wife of Comelec Chairman Andres Bautista, filed on Tuesday a disbarment complaint against Atty. Nilo Divina and 20 other lawyers of the Divina Law firm.
In her complaint, she alleges that the firm, which was founded by Divina, handed the Comelec Chairman referral fees in violation of the Code of Professional Responsibility.
Last August, Patricia said she got hold of payslips and checks written to Bautista from Divina Law “as commission for assisting the law firm clients with the Comelec.”
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Her legal counsel, Atty. Lorna Kapunan also said the alleged referral fees from Divina’s firm violated the Code of Professional Responsibility.
Speaking to CNN Philippines in August, Andres Bautista admitted receiving “referral fees,” but denied they were commissions and said they “have nothing to do with my position in the Comelec.”
READ: COMELEC Chair cries blackmail and extortion by his estranged wife; ready to face probe
Divina, who has not yet read the complaint, has said he has always adhered to the law and is “not worried” by the complaint.
“I have always acted in accordance with law and the ethical demands of the law profession. I am not worried at all about any threat of disbarment,” he said in a statement.
Aside from Divina’s disbarment, Patricia’s camp is seeking the dissolution of the Divina Law firm.
Kapunan said they are using Bautista’s statements to media as proof of the alleged fees.
She added, they have documents proving Bautista had received referral fees as Comelec Chairman, even if he insists he only did so before he took office.
“We have documents and we have submitted it to the NBI pointing to at least 21 lawyers of the Divina law offices who received the retainers,” she said.
Kapunan also hit the UST Faculty of Civil Law Dean over the death of a UST Law student, allegedly through hazing.
She said Divina, who she claimed was “founder” of Aegis Juris, appeared to be “culpable.”
“There are 18 frat members charged and he as founder and incorporator appears to be culpable… If you can confuse the Senate, you can persuade Congress, I’m sure you cannot get away from the Supreme Court, Dean Divina,” she said.
Divina, an alumnus of the Aegis Juris fraternity tagged in the case, has denied being one of its founders. He earlier said he filed a leave of absence from the organization eight years ago.
READ: UST Law Dean: I filed leave from frat since assuming deanship
He said Patricia’s camp was probably upset their impeachment complaint against Comelec Chairman Andres Bautista was dismissed by the House Committee on Justice as insufficient in form last September 20.
“They are probably sour that their impeachment complaint was dismissed,” he said.
READ: House panel junks impeachment complaint vs. Comelec chair
CNN Philippines’ Eimor Santos and Amanda Lingao contributed to this story
