Words by Alyssa Miclat, Gabrielle Pangan, and Anneliza Tangonan
The Supreme Court (SC) earlier this year [2023] sanctioned five lawyers for violating the Code of Professional Responsibility (CPR) over a series of homophobic Facebook remarks made in 2021.
“Members of the legal profession must respect LGBTQIA+ individuals’ freedom to be themselves and express who they are, as part of their constitutionally guaranteed right of freedom of expression,” the SC reiterated.
The five lawyers—Noel V. Antay, Jr. (Antay, Jr.), Israel P. Calderon (Calderon), Joseph Marion Peña Navarrete (Navarrete), Morgan Rosales Nicanor (Nicanor), and Ernesto A. Tabujara III (Tabujara)— were reminded that they should “handle their personal affairs with great caution” by using respectful language even in their online activities.
“The lawyers’ right to privacy, especially when it comes to their social media account, is limited. They cannot use this right as a shield against any liability. At best, the right to privacy has limited application to online activities of lawyers,” the SC ruled.
The case stemmed from a post made by Antay, Jr. posted on Facebook about prosecuting a case against an LGBTQIA+ individual.
“Just prosecuted and helped convict a member of the [LGBTQIA+] community for large-scale estafa. The new convict then began cussing at me accusing me of being a bigot […] The judge (who is somewhat effeminate) [came] to my defense and [warned] the felon to behave,” the post narrated.
Tabujara III, in a series of comments, made derogatory remarks about the judge and other judges at the Taguig Hall of Justices, branding them as corrupt, bakla (gay), and sira ulo (lunatic).
Calderon suggested the convicted person was frustrated for not having a sexual relationship with Antay, Jr.
Navarrete then recalled when Nicanor and a client went to the Office of Ombudsman and insinuated that the client was looking at Nicanor in a lustful manner.
After the said Facebook thread circulated on social media, the SC issued a resolution enjoining the lawyers to show cause why they should not be charged administratively.
Antay, Jr., Nicanor, Navarrete, and Calderon individually apologized for their insensitive comments and expressed their shame, clarifying that they were allies of the LGBTQIA+ community by supporting the causes of their LGBT friends.
Tabujara, III apologized and acknowledged that the aforesaid conversation may rub some persons the wrong way or offend others.
The court reprimanded Nicanor, Navarrete, Antay, Jr., and Calderon, while Tabujara III was imposed a heavier penalty of PHP 25,000.00 fine for stating the remarks in a reckless, wanton, and malevolent manner.
The Court, in line with CPR Rule 7.03 stating that a “lawyer shall not […] whether in public or private life, behave in a scandalous manner to the discredit of the legal profession,” reminds:
“Indeed, lawyers, as keepers of public faith, are burdened with a high degree of social responsibility and, hence, must handle their personal affairs with great caution.”
To see full details of SC sanction, look for [ A.M. No. 21-06-20-SC. April 11, 2023 ]
RE: Disturbing Social Media Posts of Lawyers/Law Professors
THE BARRISTER 