Case Digest (A.M. No. 21-06-20-SC)
Facts:
Re: Disturbing Social Media Posts of Lawyers/Law Professors, A.M. No. 21-06-20-SC, April 11, 2023, the Supreme Court En Banc, Per Curiam. By motu proprio Resolution dated June 29, 2021, the Court required Atty. Noel V. Antay, Jr., Atty. Ernesto A. Tabujara III, Atty. Israel P. Calderon, Atty. Morgan Rosales Nicanor, and Atty. Joseph Marion Pena Navarrete to show cause why administrative charges should not be filed for a string of Facebook comments and exchanges that disparaged members of the LGBTQIA+ community and made disrespectful comments about judges in Taguig City. The motu proprio reproduced the social media comments and identified the respondents as participants in the thread.Each lawyer filed explanations or compliances: Atty. Antay, Jr. expressed remorse, said he could not retrieve the original posts from his locked account and characterized his language as non-disparaging; Atty. Nicanor apologized and described his comment as a lone, jocular remark; Atty. Navarrete likewise apologized and recounted personal associations with LGBTQIA+ persons; Atty. Tabujara III submitted a Comment asserting a long record of good faith posts, claimed to have LGBTQIA+ friends, and offered a qualified apology but did not fully acknowledge participation or the specific content at issue. The Court referred the matter to the Office of the Bar Confidant (OBC) for investigation, report and recommendation; the OBC recommended admonition for all concerned.
The Court considered the OBC Report and existing jurisprudence on social media privacy and lawyer discipline. Citing prior decisions such as Belo‑Henares v. Atty. Guevarra, the Court examined whether the lawyers could invoke a right to privacy over social media content and whether their posts violated the Code of Professional Responsibility. The Court found the lawyers’ comments became publicly available (or were otherwise disseminated), assessed applicable disciplinary standards, and reviewed analogous sanctions in prior cases involving disrespectful or homophobic language by members of the bench and bar.
On the merits the Court concluded the attorneys breached professional duties and applied disciplinary measures: four respondents were reprimanded with stern warning, and Atty. Ernesto A. Tabujara III was fined PHP 25,000...(Subscriber-Only)
Issues:
- Can the lawyers invoke their right to privacy in social media postings as a shield against administrative liability?
- What specific violations of the Code of Professional Responsibility, if any, did Attys. Antay, Jr., Tabujara III, Calderon, Nicanor and Navarrete commit and what disciplinary mea...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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