A.M. No. 21-06-20-SC, April 11, 2023
RE: DISTURBING SOCIAL MEDIA POSTS OF LAWYERS/LAW PROFESSORS, SEPARATE CONCURRING OPINION

FACTS

This administrative matter concerns disturbing social media posts made by several lawyers, namely Atty. Noel V. Antay, Jr., Atty. Ernesto A. Tabujara III, Atty. Israel P. Calderon, Atty. Morgan Rosales Nicanor, and Atty. Joseph Marion Peña Navarrete. Justice Leonen, in his separate concurring opinion, concurs with the main decision that these respondents should be disciplined for their Facebook posts. The opinion delves into the constitutional and legal principles underpinning the violation, referencing the Court’s prior ruling in Falcis v. Civil Registrar General which defined concepts of sexual orientation, gender identity, and gender expression. It emphasizes that the Philippine Constitution accommodates contemporaneous understandings of Sexual Orientation, Gender Identity and Expression, and Sex Characteristics (SOGIESC) and guarantees respect for human dignity and human rights. The opinion argues that lawyers, as members of the Bar and oath-takers to uphold the Constitution, have a heightened duty to respect these rights. The discriminatory and derogatory language used by the respondents in their posts, which became public, is seen as a demonstration of disrespect not only to specific individuals but to an entire marginalized group, violating their inherent dignity.

ISSUE

Whether the respondents should be disciplined for their discriminatory and derogatory social media posts, which violate their duties as lawyers under the Code of Professional Responsibility and constitutional principles of human dignity and non-discrimination.

RULING

Yes. Justice Leonen concurs that the respondents should be disciplined. The opinion holds that the fitness to practice law encompasses both competence and character. The respondents’ acts violate Rule 7.03 of the Code of Professional Responsibility. Their use of discriminatory language, which became public, disrespects the dignity and human rights of LGBTQ+ persons and contradicts the constitutional mandate for the State to value human dignity and guarantee full respect for human rights. The fact that the exchanges were intended to be private is not a defense once they become public. Accordingly, Justice Leonen votes to: 1) REPRIMAND Atty. Morgan Rosales Nicanor, Atty. Joseph Marion Peña Navarrete, Atty. Noel V. Antay, Jr., and Atty. Israel P. Calderon with a STERN WARNING; and 2) IMPOSE A FINE of PHP 25,000.00 on Atty. Ernesto A. Tabujara III with a STERN WARNING.