Dr. Cielo is a well-known medical doctor specializing in cosmetic surgery. Dr. Cielo, together with a team of doctors, performed a surgical buttocks enhancement procedure in her clinic on Ms. Cossette Cancio (Cancio). Unfortunately, after a couple of years, the implant introduced during the enhancement procedure caused infection and Cancio became seriously ill.
Concio filed a criminal action for medical malpractice against Dr. Cielo which was eventually dismissed for failure to prove that Dr. Cielo was negligent. Cancio was represented in this action by Atty. Cogie Ciguerra (Ciguerra). After they lost the medical malpractice case, Ciguerra started writing a series of posts on his Facebook (FB) account containing insulting and verbally abusive language against Dr. Cielo. Among others, Ciguerra called Dr. Cielo a quack doctor, “reyna ng kaplastikan at kapalpakan”, and accused her of maintaining a payola or extralegal budget to pay off prosecutors and judges in order to win her cases. He also called on patients to boycott the clinic of Dr. Cielo.
Dr. Cielo filed a disbarment case against Ciguerra for posting on his FB account sexist, vulgar, and obscene comments and language disrespectful of women. Ciguerra’s defense is that his FB posts were private remarks on his private FB account and meant only to be shared among his FB friends, and Dr. Cielo was not part of them. He also claimed that the disbarment case was filed in violation of his constitutionally-guaranteed right to privacy. The Court, however, found that Ciguerra did not have privacy settings.
Can Ciguerra be disbarred for the series of posts against Dr. Cielo in his FB account? (5%)
Suggested answer only. Not an official answer and not legal advice.
Yes, Atty. Ciguerra can be disbarred or administratively sanctioned for his Facebook posts. Under the CPRA and settled jurisprudence (Belo-Henares v. Guevarra), a lawyer must observe courtesy and respect, refraining from vulgar, abusive, or defamatory
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Quick check
Can a lawyer invoke the constitutional right to privacy over defamatory Facebook posts made without restrictive privacy settings?
Content posted on social media without restrictive privacy settings enters the public domain and lacks a reasonable expectation of privacy.
What landmark Supreme Court jurisprudence established that lawyers may be disciplined for abusive posts on Facebook?
The Belo-Henares ruling established that lawyers are subject to administrative discipline for vulgar and abusive posts on social media.
Does freedom of expression protect a lawyer who publicly accuses judges and prosecutors of corruption on social media without evidence?
Freedom of expression does not protect defamatory remarks or baseless accusations that degrade public trust in the judiciary.
Under the CPRA, what ethical standard applies to a lawyer's online conduct and social media activities?
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What is the effect on a disbarment complaint if a lawyer claims his offensive Facebook posts were meant only for Facebook friends?
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Learn more about these topics
1. Social Media Ethics
Under the Code of Professional Responsibility and Accountability (CPRA) and settled jurisprudence in Belo-Henares v. Guevarra, lawyers are held to high standards of propriety, courtesy, and dignity even in social media platforms. The duty to refrain from utilizing vulgar, abusive, sexist, or defamatory language applies to both online and offline conduct. Posting insulting remarks, making baseless allegations of corruption against prosecutors and judges, or calling for commercial boycotts on public social media accounts breaches professional ethics and degrades the dignity of the legal profession.
2. Social Media Privacy
A lawyer cannot successfully invoke the constitutional right to privacy regarding social media posts when no restrictive privacy settings were utilized. As held in Vivares v. St. Theresa's College, content uploaded on social media without restrictive privacy controls enters the public domain. When Facebook posts are accessible to the general public or unselected online users, there is no reasonable expectation of privacy. Consequently, an attorney cannot claim a privacy violation to shield himself from disciplinary liability for public defamatory statements posted online.
3. Limits of Expression
While citizens enjoy freedom of speech, a lawyer's right to free expression is subject to ethical boundaries and the regulatory authority of the Supreme Court over the Bar. Freedom of expression does not confer an unrestricted license to launch abusive, obscene, or slanderous personal attacks against individuals or to malign judicial officers. Unfounded accusations of payola and bribery against members of the prosecution and judiciary undermine public trust in the justice system, subjecting the offending lawyer to administrative sanctions including disbarment.