Five lawyers were penalized by the Supreme Court (SC) for their homophobic remarks on social media.

In a decision dated April 11, the SC reprimanded Atty. Morgan Nicanor, Atty. Joseph Marion Navarrete, Atty. Noel Antay Jr., and Atty. Israel Calderon, and slapped a P25,000 fine on Atty. Ernesto Tabujara III for violating Rule 7.03 of the Code of Professional Responsibility.

According to the SC, Antay created a Facebook thread, recalling his experience of helping secure the conviction of a member of the LGBTQIA+ community for large-scale estafa.

”The new convict then began cussing at me accusing me of being a bigot. A first for me,” Antay said, adding the judge, ”who is somewhat effeminate,” then warned the convict behave.

Calderon replied that the convict probably liked Antay, citing the latter’s ”intelligence” and ”good looks.” 

”Tapos syempre di ka mapapasakamay n’ya kaya ayon imbyerna. Charot haha.”

Nicanor agreed, saying: “(f)eel ko type ka bossing. Hehehe,” to which Tabujara added: “Dapat kinurot mo! Charot!”

Navarrete said that he remembered Nicanor’s client that the latter brought to the Office of the Ombudsman.

“Ang natatandaan ko lang is malagkit tingin kay papa, este Prof. Morgan,” Navarrete said.

Antay commented: “Matikas kasi si Prof. Morgan eh, Habulin.”

Meanwhile, Taburaja asked about a judge who was allegedly wearing makeup during hearings.

He also claimed that lawyers often make the joke that in one particular courthouse, the lower floor is home to gay and corrupt judges, while the second floor is full of crazy magistrates.

In its ruling, the SC said that the ”lawyers’ right to privacy, especially when it comes to their social media account, is limited” and ”they cannot use this right as a shield against any liability.”

”Atty. Nicanor, Atty. Navarrete, Atty. Antay, Jr. and Atty. Calderon must answer for their intemperate language against the LGBTQIA+ community. 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,” the decision read.

”Thus, Atty. Nicanor, Atty. Navarrete, Atty. Antay, Jr. and Atty. Calderon should be reprimanded, with a stern warning that a repetition of the same or similar offense will be dealt with more severely. An admonition will not suffice,” it added.

As for Tabujara, the Court said, ”What makes his infraction worse than that of Atty. Nicanor, Atty. Navarrete, Atty. Antay Jr. and Atty. Calderon is that Atty. Tabujara made a sweeping statement about the mental fitness of judges and equated homosexual judges with corrupt ones. Such language jeopardizes the high esteem of the courts and is prohibited.”

Unlike the other lawyers in this case, Tabujara did not sincerely apologize, the SC said. 

”A heavier penalty is imposed on Atty. Tabujara, for not only did he violate Rule 7.03 of the Code of Professional Responsibility, he did so in a reckless, wanton, and malevolent manner,” it said. 

”There is no slightest hint of remorse.”