Controversial lawyer Ferdinand Topacio might be facing another legal action. This time, for his supposed misogynistic remarks against Gabriela Representative Sarah Elago.

The pro-women’s rights lawmaker sought disciplinary action against a lawyer with the Integrated Bar of the Philippines (IBP) Commission on Bar Discipline on Thursday, March 11. She refused to name the lawyer.

The confidential nature of the disbarment complaint may explain why Elago did not name the respondent, but the complaint was filed days after Topacio’s remarks against her.

Elago also said earlier that filing a disbarment complaint against Topacio was among the options she was considering.

In a radio program, Topacio defended Quezon City 4th District Representative Bong Suntay amid the backlash over the lawmaker’s controversial remarks about fantasizing over actress Anne Curtis. Topacio did not only call out Elago; he also claimed that he had “desired” her when she was still the Kabataan representative.

“They can do what they want, I will do what I want. Gano’n po ang demokrasya (That’s how democracy works),” Topacio said on Thursday.

But can a lawyer like Topacio be disbarred for allegedly making such remarks?

What is disbarment? What are the grounds?

Law graduates who passed the Bar examinations and had taken their oath before the Supreme Court (SC) are considered lawyers or members of the Philippine Bar. But when members of the legal profession commit certain acts seen to violate their code, they can be disbarred or lose their privilege to practice law.

Under Section 27 of Rule 138 of the Rules of Court, the following acts are considered grounds for disbarment:

• Deceit
• Malpractice
• Gross misconduct in office
• Grossly immoral conduct
• Conviction of a crime that involves moral turpitude
• Violation of the lawyers’ oath
• Willfully disobeying lawful orders of a superior court
• Corruptly or willfully appearing as legal counsel for a camp without the authority to do so

Rule 139-B of the Rules of Court, as amended by the SC Bar Matter No. 1645 signed in 2015, contains the complete disbarment process.

This process may be initiated through a complaint filed with the SC or the IBP, the mandatory organization for Filipino lawyers. Apart from a complaint, a disbarment may also be initiated by the SC against a lawyer motu proprio or on its own.

A previous case

It’s worth noting that the SC unanimously disbarred anti-poverty czar Larry Gadon in 2023 over his “misogynistic, sexist, abusive, and repeated intemperate language.”

The SC en banc, voting 15-0, removed Gadon from the list of lawyers following a viral video where he repeatedly cursed at made profane remarks against journalist Raissa Robles. In that decision, the SC even reminded lawyers that misogyny and sexism are not tolerated within the legal community.

“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 Court will never tolerate abuse, in whatever form, especially when perpetrated by an officer of the court,” the SC en banc stated.

The SC pointed out that Gadon’s act was “indisputably scandalous” that discredited the legal profession. The justices added that Gadon also failed to realize that “lawyers are expected to avoid scandalous behavior, whether in their public or private life.”

Lawyers are subject to ‘highest standards’

According to the High Court, Gadon was disbarred for violating Canon II (Propriety) of the Code of Professional Responsibility and Accountability (CPRA) which states that “[a] lawyer shall, at all times, act with propriety and maintain the appearance of propriety in personal and professional dealings, observe honesty, respect and courtesy, and uphold the dignity of the legal profession consistent with the highest standards of ethical behavior.”

The CPRA, promulgated in 2023, lists specific conducts that lawyers must observe at all times.

Here are some of the specific rules that bar lawyers from committing improper conduct against others:

• Canon II, Section 3 (safe environment; avoid all forms of abuse or harassment), bars any lawyer from committing physical, sexual, psychological, or economic abuse or violence against anther person, as well as from engaging in any gender-based harassment or discrimination.
• Canon II, Section 4 (use of dignified, gender-fair, and child- and culturally-sensitive language), bars lawyers from using abusive, intemperate, offensive, improper language – whether oral or written – through traditional or electronic means, or other forms of mass or social media.

– Rappler.com