2024 Remedial Law, Q20

Atty. Diwata, a suspended lawyer, created a professional social media page and maintained poser accounts which she used across various social networks. Atty. Diwata, during her livestream, spread fake news that the Court’s Strategic Plan for Judicial Innovations 2022-2027 failed to achieve its major target outcomes and had prejudiced the legal profession. Particularly, Atty. Diwata launched a social media campaign against the Code of Professional Responsibility and Accountability and claimed that it is akin to an ex post facto law because its provisions are given retroactive effect. May the Supreme Court discipline Atty. Diwata for her social media activities? Explain.

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May a suspended lawyer be disciplined by the Supreme Court for spreading fake news on social media?

Does the prohibition against ex post facto laws apply to the Code of Professional Responsibility and Accountability?

Which of the following social media activities is expressly prohibited under the CPRA?

What is the legal effect of a decree of suspension on a lawyer's administrative status?

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Under what constitutional power does the Supreme Court promulgate ethical rules like the CPRA?

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1. Social Media Conduct
Under Canon II of the Code of Professional Responsibility and Accountability (CPRA), lawyers are required to observe dignity, propriety, and decorum in all their online activities and social media platforms. The CPRA specifically prohibits lawyers from creating or maintaining fake or poser accounts, spreading false news or unverified information, and launching improper public campaigns that tend to degrade the dignity of the legal profession or undermine public confidence in the judiciary.

2. Disciplinary Jurisdiction
The Supreme Court retains disciplinary authority over all lawyers admitted to the Philippine Bar, including those who are currently serving a period of suspension. Suspension merely temporarily disables a lawyer from practicing law, but it does not sever the attorney-client relationship with the Bar or exempt the suspended lawyer from complying with ethical standards. Any grave misconduct, dishonest conduct, or improper social media behavior committed during suspension remains fully subject to the Supreme Court's supervisory power.

3. Ex Post Facto
The constitutional prohibition against ex post facto laws applies strictly and exclusively to criminal or penal statutes, and does not extend to procedural, administrative, or ethical rules. The CPRA is a set of administrative and ethical guidelines governing the legal profession promulgated by the Supreme Court pursuant to its constitutional power to regulate the practice of law. Applying the CPRA retroactively to pending disciplinary cases does not violate the ex post facto clause.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026