SC reprimands five lawyers for homophobic socmed posts

By Joel R. San Juan @jrsanjuan1573

THE Supreme Court (SC) reprimanded five lawyers in connection with their social media posts that tend to ridicule the LGBTQIA (lesbian, gay, bisexual, transgender, queer, intersex and asexual) community.

In a 26-page per curiam decision, the Court found lawyers Morgan Rosales Nicanor, Joseph Marion Peña Navarete, Noel V. Antay Jr., and Israel Calderon and Ernesto Tabujara III administratively liable for violation of Rule 7.03 of the Code of Professional Responsibility, which prohibits lawyers from engaging in conduct that adversely reflects on their fitness to practice law and prohibits them from behaving in a scandalous manner that tends to discredit of the legal profession.

Aside from being reprimanded, the Court warned the lawyers that a repetition of the same offense would be meted with severe sanctions.

“The posts also include statements that tend to propagate and enforce an unfair and harmful stereotype that are not representative of LGBTQIA+ individuals...There is no room for such stereotypes in conversations among lawyers,” it added.

Records of the case showed it was Antay who initiated a Facebook thread with a post stating he had “just prosecuted and helped convict a member of the LGBTQIA+ community for large-scale estafa.”

Antay added that the convict then began cussing at him and “the judge who is somewhat effeminate comes to my defense and warns the felon to behave.” about the mental fitness of judges and equated homosexual judges with corrupt ones,” the SC held.

This was followed by a comment from Tabujara, who asked about the supposed homosexual judge who wears an eyeliner and eye shadow while conducting hearings.

T he Court held that the four other lawyers should thus be reprimanded for their intemperate language against the LGBTQIA+ community, adding that “their fixation on the respective sexual orientations of their subjects was uncalled for and they should be more circumspect in their choice of words and be mindful of gender-fair language.”

In finding the lawyers administratively liable, the SC declared that “the right to privacy of lawyers is limited, especially when it comes to their social media accounts.” losses from traffic congestion may likely “gallop” way past the previously estimated P3.5 billion daily. allegation at best. Allegations are not proof. Further, the fact that the exchanges leaked means that his social media account is not locked as he claims or that there is a rat amidst them,” the Court pointed out. The Court stressed that members of the legal profession must respect the freedom of LGBTQIA+ individuals to be themselves and express who they are, as part of their constitutionally guaranteed right to freedom of expression. and communication devices. T he shelf life of these items should be at least two years.

Moving forward, MAP urged the Department of Transportation (DOTr) to stay the course and expedite the completion of this project, preferably, in partnership with a private concessionaire, while adhering to global standards and best practices.

“F ull completion and upgrade of the busway up to global standards with a bus exchange system for convenient transfer of commuters to feeder lines will attract motorists to take public transit and leave their cars at home,” MAP said.

T he business groups emphasized that this shift will reduce vehicle volume and decongest EDSA. Moreover, car lanes may be reduced to make way for wider sidewalks to enhance non-motorized mobility and planting of trees.

T he establishment of the stockpile shall be an inter-agency effort, to be led by the National Disaster Risk Reduction and Management Council (NDRRMC) and the Department of Social Welfare and Development (DSWD), with the participation of the Departments of Public Works and Highways, Trade and Industry, Agriculture, Science and Technology, and local governments.

The NDRRMC shall determine the locations of the stockpiles, taking into consideration equitable distribution among regions, accessibility, safety, and security from natural and human-induced disasters, and the immediate release of the supply reserves in case of a calamity or an emergency. The locations will be kept secret.

T he bill mandates the Department of Public Works and Highways (DPWH) to build calamity-proof warehouses where the food and supply stockpiles would be stored.

T he NDRRMC, DSWD, and other concerned agencies shall make sure that the reserves are regularly monitored and replenished.

In the event of a calamity, the NDRRMC and DSWD shall initiate the use and deployment of the stockpiles. In the event that a calamity can be reasonably predicted, the NDRRMC shall preposition supplies in the areas to be affected.

The NDRRMC, in consultation with concerned agencies, shall issue implementing rules and regulations. Funds necessary for the establishment of the envisioned stockpiles shall be charged against the budgets of these agencies.

The Court also imposed a P25,000 fine on Tabujara “for not only did he violate the said Rule but he did so in a reckless, wanton and malevolent manner.”

“In the present case, the Court found the subject Facebook posts laced with homophobic undertones, with descriptions of the convict and the judge that are uncalled for and have no context in the narrative, thus showing gender bias.”

He added that it is a joke among lawyers that in the Taguig Hall of Justice “ the judges on the second floor are crazy, while those on the ground floor are homosexuals and corrupt ones.”

In another comment, Calderon insinuated that the convict could have noticed Antay’s intelligence and good looks and realized that he had no chance with him, thus, the cursing.

What makes his infraction worse than that of Atty. Nicanor, Atty. Navarrete, Atty. Antay Jr. and Atty. Calderon is that Atty. Tabujara III made a sweeping statement

Makati, Taguig mayors welcome creation of DepEd TC to resolve transition issue

THE Department of Education (DepEd) has created a Transition Committee (TC) to resolve the issue between Makati and Taguig over the jurisdiction of 14 schools in the disputed Enlisted Men’s Barrio or “embo” barangays.

The DepEd issued Department Order (DO) 23, s. 2023 which provides that the Office Education Secretary Sara Duterte shall directly supervise the management and administration of all 14 schools, pending a transition plan, effective immediately pursuant to its mandate to provide a safe and enabling learning environment, and in the pursuit of protecting the best interest and welfare of our learners, teachers and non-teaching personnel.

The TC is composed of a regional director assigned outside of Metro Manila, DepEd schools division superintendents of Taguig-Pateros and Makati, and the legal officers of the cities of Taguig and Makati.

Both the mayors of Taguig and Makati cities welcomed the DepEd order.

“We look forward to working wholeheartedly with the transition team created by the Vice President. This decision will greatly ease the worries and concerns of our students, parents and teachers. Kaisa kami ni Vice President Sara sakanyanglayunin.Unahinnatinangkapakananngating mgaguro,mgakabataanatkanilangmgamagulang[We are one with the objective of Vice President Duterte. The welfare of the teachers, children, and their parents will be the priority].

DepEd looks forward to a peaceful and orderly opening of classes on August 29, 2023,” Makati City Mayor Abigail Binay said.

For her part, Taguig City Mayor Laarni Cayetano thanked Duterte for taking a decisive role in the implementation of the final and executory Supreme Court (SC) decision transferring 10 barangays from Makati back to the jurisdiction of Taguig as it affects the management and administration of the public schools within those barangays.

“Her leadership and wisdom at this time is very much welcomed and appreciated.

“Her decision to immediately form a Transition Committee without the need for a Writ of Execution, a move that was welcomed by Mayor Binay herself, puts an end to that issue and allows all parties to move forward for the benefit of the community,” Cayetano said. Claudeth Mocon-Ciriaco

Citing the 2016 case of Belo-Henares v. Guevarra, the Court said it is clear that “there can be no reasonable expectation of privacy as regards social media posts, regardless if the same are ‘locked,’ precisely because the access restriction settings in social media platforms do not absolutely bar other users from obtaining access to the same.”

The Court further reiterated that restricting the privacy of one’s Facebook posts to “Friends” only does not guarantee absolute protection from the prying eyes of other users.

T hus, the Court said, it cannot give credence to the invocation of Atty. Antay, who started the post, of his right to privacy.

“His excuse—that his social media account is locked and the contents thereof cannot be accessed by outsiders—is a mere

Meanwhile, Chief Justice Alexander G. Gesmundo has enjoined anew the members of the Bar to faithfully adhere to the Code of Professional Responsibility and Accountability (CPRA) not just in the practice of the legal profession, but even in the daily lives of lawyers. In a message delivered on his behalf by Associate Justice Jose Midas P Marquez at the 50th Anniversary Celebration and Honoring Night of the Integrated Bar of the PhilippinesBohol Chapter (IBP Bohol Chapter) on August 10, 2023 at Fortridge Pavilion in Dauis, Bohol, Gesmundo referred to the CPRA as a “steady compass” on which legal professionals can rely, stressing that ethics lies at the heart of legal practice.

“Amid a world in flux, we have the CPRA to direct us unfailingly towards moral and just conduct,” the Chief Justice stressed.

“In a changing world, it reminds us of what is constant in our profession. In adhering to it, we maintain the honor and dignity of the legal profession, strengthen camaraderie and solidarity within it, and ensure our faithful compliance with our duties and obligations not only to the legal profession, but also to the courts and our justice system; not only to our peers and clients, but also to the public and our country,” he added.