Case Digest (A.C. No. 13253)
Facts:
Elena S. Felix and Gem A. Cabreros v. Atty. Lorenzo G. Gadon, A.C. No. 13253, February 27, 2024, the Supreme Court En Banc, Per Curiam. This administrative complaint for disbarment under Section 1, Rule 139 was filed by Elena S. Felix and Gem A. Cabreros against Atty. Lorenzo G. Gadon for statements he made on air on June 24 and June 27, 2021 concerning the death of former President Benigno Simeon Aquino III.On June 24, 2021, during the DWIZ program Karambola, Atty. Gadon uttered repeated profanities and celebratory remarks upon hearing reports of former President Aquino’s death and asserted, without verifiable basis, that Aquino had HIV. The program transcript records explicit expletives, expressions of joy at Aquino’s death, and an assertion that an unnamed friend “confirmed” the HIV claim. DWIZ later posted a public apology for the guest host’s comments. On June 27, 2021, Atty. Gadon appeared on DZRD’s Ang Maestro and reiterated and expanded his statements—admitting speculation that Aquino had HIV based on appearance and medical assumptions, and treating the matter with derision while threatening those who would sue him.
Felix and Cabreros, both persons living with HIV (PLHIV) and advocates for PLHIV rights, filed the administrative complaint on December 4, 2021, alleging that Atty. Gadon’s statements were offensive, discriminatory, spread misinformation about HIV, and violated Canons 1 and 7 of the professional code. Atty. Gadon filed a Comment (dated July 28, 2022) admitting the utterances but contending they were constitutionally protected expressions concerning a public figure, were made without malice, did not target the complainants (who, he argued, lacked legal interest), and were made in his private capacity rather than in his professional role.
The case was heard and resolved by the Supreme Court in its original disciplinary jurisdiction. The Court considered the newly promulgated Code of Professional Responsibility and Accountability (CPRA), A.M. No. 22-09-01-SC (April 11, 2023), which the Court applied retroactively under its transitory provision to ...(Pro-only)
Issues:
- Are Felix and Cabreros proper complainants (real parties-in-interest) in a disbarment proceeding against Atty. Gadon?
- May Atty. Gadon be disciplined for conduct committed in his private capacity or outside strictly professional dealings?
- Did Atty. Gadon’s on-air statements violate the Code of Professional Responsibility and Accountability warranting disciplinary sanction?
- If culpable, what penalty is proper given At...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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