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Sunday, April 28, 2024

Disbarment and public office

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“Can a disbarred person be appointed to a high public office? Theoretically and legally yes but in this context of Gadon’s disbarment, President Marcos might want to reconsider”

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15-0. This is the unanimous vote by the Supreme Court in its decision to revoke the license of newly appointed Adviser Larry Gadon to practice his legal profession.

President Ferdinand Marcos Jr. had tapped the longtime Marcos loyalist to play a “pivotal role” in advising the chief executive “on strategies and policies aimed at combating poverty.”

The SC decision stemmed from a viral video footage in which he continuously curses and shouts obscenity towards journalist Raissa Robles, based on the article of CNN Ph.

The high court said the video showed Gadon’s “misogynistic, sexist, abusive, and repetitive intemperate language” against the journalist.

The Supreme Court initially placed Gadon on preventative suspension after acting “motu proprio” or automatically on the video clip that was disseminated.

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Gadon’s activities, according to the Supreme Court, were too scandalous to harm the legal profession.

In deciding as it did, the SC reasoned that Gadon “breached Canon II of the Code of Professional Responsibility and Accountability, which states that a lawyer must demonstrate proper conduct, respect, and honesty.”

The privilege to practice law is bestowed only upon individuals who are competent intellectually, academically and, equally important, morally.

There is no room in this noble profession for misogyny and sexism.

The Court will never tolerate abuse, in whatever form, “especially when perpetrated by an officer of the court” and added that lawyers are expected to avoid scandalous behavior, whether in their public or private life.

The Supreme Court recalled that Gadon had previously been barred from practicing law for using “offensive and intemperate language.”

Gadon has been previously convicted and suspended from the practice of law for three months for similarly using offensive and intemperate language, and was warned that a repetition of the same offense will merit a more severe sanction. There are six other administrative cases pending before the Office of the Bar Confidant against Gadon, and four before the Commission on Bar Discipline of the Integrated Bar of the Philippines.

The SC thus concluded “Although these cases have yet to be decided, the volume of administrative complaints filed against Atty. Gadon indubitably speaks of his character.”

The high court also cited Gadon in direct contempt of court for his “baseless” allegations of partiality and bias against Senior Associate Justice Marvic Leonen and Associate Justice Alfredo Benjamin Caguioa.

Recall that previously various personalities and groups had been the subject of Gadon’s vitriol and shocking display of brashness and uncouth behavior, indiscriminately hurling expletives and profanities at whosoever he directs his ire.

In one radio interview, he falsely accused then president Noynoy Aquino to have died of the human immunodeficiency virus, or HIV. This was later belied by the Aquino family who said that Noynoy died from renal failure.

In 2016, Gadon, who was running for senator at the time under the Ferdinand E. Marcos-founded Kilusang Bagong Lipunan party, said he would bring the Philippine Army to eradicate the Moro Islamic Liberation Front, to the chagrin of Muslims.

In 2018, Gadon appeared in a protest in Baguio City against then Chief Justice Maria Lourdes Sereno’s quo warranto petition, where he shouted expletives and flashed his middle finger.

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“Etong mga nag-ra-rally na ito, mga bobo at mga tanga ito!”

There are other instances when Gadon displayed boorish and churlish behavior, resulting in the filing of administrative and disbarment complaints against the controversial figure.

Yet sadly, Gadon remains unapologetic, not seeing that his boorish behavior goes way beyond the bounds of common decency and has no place in a civilized society.

In a message to a media group chat, Gadon said his disbarment will not affect his new mandate as Presidential Adviser for Poverty Alleviation.

“I am here to serve as a secretary, not as a lawyer. I will just continue to serve the Filipino people,” he said.

He said he has not paid any attention to his law career ever since his involvement in politics in 2015, saying he has retired from practice.

While the president has the power to appoint whoever he wishes in the exercise of his presidential prerogative, including a disbarred lawyer, where the post does not require a license in the law profession, it speaks volumes on the president’s commitment to uphold professionalism and decency in public service to engender public trust in the bureaucracy.

Republic Act 6713 establishes a code of conduct and ethical standards for public officials and employees.

Hence, to appoint an individual with a penchant to transgress all norms of public decency and ethical norms is off track.

True, the position for which Gadon is being appointed may not require a law license, yet Gadon’s appointment does not inspire faith and sincerity of the president to abide by the mandate of the law to establish a professional public service that, in the words of RA 6713, “discharge their duties with utmost responsibility, integrity, competence, and loyalty, act with patriotism and justice, lead modest lives, and uphold public interest over personal interest.”

More importantly, how can we expect an individual who perennially violates even the most basic rule on good manners and right conduct and remains unapologetic and unremorseful despite sanction by the highest court, and a deluge of complaints and condemnation by many quarters, to act responsibly and respectfully in discharging his official duties?

Can a disbarred person be appointed to a high public office?

Theoretically and legally yes but in this context of Gadon’s disbarment, President Marcos might want to reconsider.

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