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.
Suggested answer only. Not an official answer and not legal advice.
Yes, the Supreme Court may discipline Atty. Diwata for her social media activities. Under Canon II of the Code of Professional Responsibility and Accountability (CPRA), lawyers—including suspended ones—remain subject to disciplinary control. The CPRA prohibits maintaining
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Quick check
May a suspended lawyer be disciplined by the Supreme Court for spreading fake news on social media?
Suspended lawyers remain subject to the disciplinary authority of the Supreme Court for ethical violations committed online.
Does the prohibition against ex post facto laws apply to the Code of Professional Responsibility and Accountability?
The ex post facto prohibition applies solely to criminal statutes, not to administrative or ethical rules like the CPRA.
Which of the following social media activities is expressly prohibited under the CPRA?
The CPRA strictly prohibits lawyers from creating poser accounts and disseminating fake news or unverified claims.
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.