Title

IN RE: Gadon

Case

A.C. No. 13521

Decision Date

Jun 27, 2023

Atty. Gadon disbarred for repeated use of vulgar, offensive language, gender-based harassment, and
contemptuous behavior, violating professional ethics and legal standards.

Facts:

Background of the Case

 The administrative case was commenced by the Court en banc pursuant to Section 27,
Rule 138 of the Rules of Court against Atty. Lorenzo G. Gadon (“Atty. Gadon”) following
the circulation of a viral video clip.

 In the video, recorded inside his parked car, Atty. Gadon is seen and heard lashing out at
journalist Raissa Robles (“Robles”), uttering profanities and aggressive statements.

Details of the Incident

 The video captured Atty. Gadon cursing at Robles with highly offensive and misogynistic
language, including explicit phrases such as:

- “Hoy, Raissa Robles, puki ng ina mo, hindot ka. Putang ina mo…” - “Magpakantot ka sa aso!”

Prior Conduct and Related Incidents

 The Court referenced previous incidents involving Atty. Gadon where he:

- Threatened to “pulverize” Muslim communities and expressed readiness to commit acts of violence if
his appeals were not heeded. - Exhibited contemptuous behavior by calling former Chief Justice Maria
Lourdes Serena’s supporters “bobo”, showcased disrespect by flashing his middle finger outside the
Court compound in Baguio City, and declared indifference to potential disbarment. - Made statements
indicating he would not hesitate to seek his own disbarment if it could serve to “get back at” those
opposing him. - Allegedly engaged in acts during the impeachment proceedings against former Chief
Justice Sereno and made disparaging comments that imputed criminal conduct against former President
Aquino.

Administrative and Disciplinary Proceedings

 The Court, in its January 4, 2022 Resolution, found that the language used by Atty.
Gadon in the recorded video violated Rule 7.03 of the Code of Professional
Responsibility and amounted to prima facie gender-based online sexual harassment
under Sections 3(e) and 12 of Republic Act No. 11313.
  As a consequence, Atty. Gadon was ordered to show cause why he should not be
subjected to disbarment and was immediately placed on preventive suspension from
the practice of law.

 The Office of the Bar Confidant (OBC) and the Integrated Bar of the Philippines (IBP)
were directed to update their records regarding the pending administrative cases
against him.

Atty. Gadon’s Submissions and Allegations

 In his Comment, Atty. Gadon contended that:

- The immediate preventive suspension was imposed without due process as his answer had not yet
been received or the deadline for filing one had not lapsed. - His conduct was provoked by false,
libelous, and inflammatory tweets by Robles concerning tax evasion issues involving President Bongbong
Marcos (BBM). - The video clip was created in a private context and intended solely for Robles, not for
circulation on social media.

Issue:

Disbarment and Preventive Suspension

 Whether Atty. Gadon’s vulgar and aggressive conduct in the viral video constitutes
conduct that renders him unfit to continue practicing law.

 Whether the immediate imposition of preventive suspension was proper and in

Gender-Based Online Sexual Harassment

 Whether Atty. Gadon’s profane utterances, specifically aimed at a female journalist

Motion for Inhibition of Justices

 Whether there are justifiable grounds for Atty. Gadon’s motion to have Senior Associate
Justice Leonen and Justice Caguioa inhibit themselves from the proceedings based on
alleged bias or personal interest.

Ruling:

Disbarment

 The Court found that Atty. Gadon’s repeated unprofessional conduct, including the use
of highly offensive and obscene language, discredits the legal profession.

 Relying on earlier precedents, the Court upheld the principle that lawyers must maintain
the highest standards of moral character and decorum.

 Accordingly, the Court imposed the ultimate penalty of disbarment against Atty. Gadon.
Direct Contempt and Administrative Liability

 In addition to disbarment, Atty. Gadon was found guilty of direct contempt of court for
making unfounded and malicious accusations against Senior Associate Justice Leonen
and Justice Caguioa.

 A fine of Two Thousand Pesos (P2,000.00) was imposed for the contempt, to be paid
within ten days from receipt of the decision.

Preventive Suspension

 The Court clarified that the immediate preventive suspension was proper despite
arguments on due process because of the inherently scandalous nature of his conduct
and the rapid dissemination of the video clip.

 The preventive suspension was considered necessary to preclude further damage to the
integrity and reputation of the legal profession while the disciplinary proceedings were
ongoing.

On the Motion for Inhibition

 The Court determined that Atty. Gadon’s allegations regarding judicial bias lacked clear,
convincing, and corroborative evidence.

 There was no basis to grant the motion for the voluntary inhibition of Senior Associate
Justice Leonen and Justice Caguioa, as the disqualification rules were not met.

Ratio:

Upholding the Integrity of the Legal Profession

 The core requirement for a lawyer is the possession of good moral character; behavior
that discredits the profession may result in disbarment.

 The Court emphasized that the practice of law is a privilege granted only to those whose
conduct aligns with the highest moral and ethical standards.

Necessary Response to Scandalous Conduct

 Atty. Gadon’s use of obscene and degrading language, even if provoked or intended for
a single recipient, is sufficient to demonstrate a lack of fitness to practice law because it
discredits the entire legal profession.

 The decision underscores that a lawyer’s public and private conduct are inseparable and
both affect the public’s trust in the legal system.

Balance of Preventive Measures and Due Process

 The immediacy of the preventive suspension was justified in light of the widespread
circulation of the video clip and the imminent risk to the profession’s reputation.
  The Court reiterated that disciplinary actions in disbarment cases are sui generis,
prioritizing the overall public interest and the necessity to preserve judicial integrity
over procedural formalities.

Judicial Independence and Collegiality

 The Court underscored that decisions are rendered by the Court en banc and are not
subject to the biases or individual opinions of a single justice.

 This rationale invalidated the claim for inhibition based solely on allegations of judicial
prejudice without substantive evidence.

Doctrine:

High Moral Character as a Prerequisite for Legal Practice

 The decision reinforces the doctrine that good moral character is a fundamental
qualification for admission to and continued practice in the legal profession.

 Lawyers are bound to exercise both their professional capabilities and personal conduct
in a manner that upholds the dignity and integrity of the legal system.

The Non-Privatization of Professional Conduct

 The Court’s ruling illuminates that a lawyer cannot separate private expressions from
public responsibilities; even conduct in a private setting may negatively impact the
perception of the legal profession.

 Irrespective of intent or the limited audience, irresponsible and vulgar speech that
undermines public confidence in the judiciary is subject to disciplinary sanctions.

Responsible Use of Social Media and Public Forums

 By addressing the repercussions of disseminating or even intending to share scandalous

 The CPRA provisions on responsible use of social media were invoked to illustrate that
lawyers must be cognizant of both the benefits and the risks associated with their digital
expressions.

Preventive and Disciplinary Measures as Guardians of Justice

 Disbarment and suspension serve a preventive function to protect the public interest
and the reputation of the legal system.

 The disciplinary action against Atty. Gadon is not merely punitive; it is emblematic of the
legal community’s commitment to uphold justice, maintain solidarity among its
members, and deter future misconduct.