Can lawyers be disbarred for misogynistic and sexist remarks?

Gabriela Representative Sarah Elago has filed a disbarment complaint against a lawyer for alleged misogynistic remarks against her. This raises questions about whether lawyers can lose their license for such language. In 2023, the Supreme Court disbarred lawyer Larry Gadon for his sexist and abusive statements.

On March 11, Representative Sarah Elago filed a complaint with the Integrated Bar of the Philippines (IBP) Commission on Bar Discipline against an unnamed lawyer, linked to remarks by Ferdinand Topacio against her. In a radio program, Topacio defended Quezon City Representative Bong Suntay from criticism over his comments about fantasizing over actress Anne Curtis. Topacio also claimed he had "desired" Elago when she was still a Kabataan representative. "They can do what they want, I will do what I want. Gano’n po ang demokrasya," he stated.

Under Section 27 of Rule 138 of the Rules of Court, disbarment grounds include gross misconduct, grossly immoral conduct, and violation of the lawyers’ oath, such as deceit, malpractice, and conviction of a crime involving moral turpitude. The process can start via a complaint to the Supreme Court (SC) or IBP, or motu proprio by the SC, per Rule 139-B.

A key precedent is the 2023 case of Larry Gadon, whom the SC en banc disbarred unanimously 15-0 for his "misogynistic, sexist, abusive, and repeated intemperate language" against journalist Raissa Robles. "The privilege to practice law is bestowed only upon individuals who are competent intellectually, academically and, equally important, morally. There is no room in this noble profession for misogyny and sexism," the SC stated. The decision noted that lawyers must avoid scandalous behavior in public or private life.

Gadon violated Canon II of the Code of Professional Responsibility and Accountability (CPRA), effective 2023, which requires propriety and the use of dignified, gender-fair language. This includes avoiding abuse, harassment, and offensive language in any form of communication.

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