MANILA — The Supreme Court has suspended lawyer Jesus Nicardo “Jess” Falcis III from the practice of law for one year after finding him guilty of simple misconduct over a social media post that contained offensive language while defending his brother against allegations involving actress Kris Aquino.
In a decision released by the SC’s Office of the Spokesperson on Monday, the Court’s Second Division ruled that Falcis violated provisions of the Code of Professional Responsibility and Accountability (CPRA) governing lawyers’ conduct, including their use of social media.
“I accept the wisdom of the Supreme Court to suspend me for one year. All lawyers are under the disciplinary power of the Court and I am no exception,” stated Falcis in a post on X, formerly Twitter, yesterday after the SC made public its decision.
His case stemmed from a 2018 Twitter post made by Falcis in response to accusations against his brother, Nicko Falcis, who was facing a qualified theft complaint filed by Aquino.
The complaint against the lawyer was later brought before the Integrated Bar of the Philippines (IBP) by Jason Gene H. Baltao, Aquino’s former business partner, for conduct unbecoming of a member of the legal profession.
While the IBP recommended a penalty consisting of a fine and reprimand, the Supreme Court imposed a heavier sanction and ordered Falcis suspended for one year.
“[T]his Court finds respondent Atty. Jesus Nicardo M. Falcis III guilty of simple misconduct and he is suspended from the practice of law for a period of one year. Respondent Atty. Jesus Nicardo M. Falcis III is sternly warned that a repetition of the same or similar infraction will be dealt with more severely by this Court,” the tribunal said.
The Court emphasized that lawyers are required to use dignified and respectful language in both their professional and personal dealings, including online interactions. It said members of the Bar must ensure that their social media activity upholds the integrity of the legal profession and maintains respect for the law.
According to the ruling, Falcis could have defended his brother by presenting legal arguments or citing developments in the case rather than resorting to profane remarks directed at Aquino’s supporters.
The Court also rejected his argument that he was merely exercising freedom of expression, stressing that lawyers are held to higher standards of conduct.
“[W]hile freedom of expression is guaranteed by the Constitution, the lawyer’s oath and their duties and responsibilities ultimately serve as a limit thereto. Notably, lawyers should be cautious in their postings online. They are reminded to always practice restraint in their conduct, be it in real life or in social media.”
In his X post yesterday, Falcis stated: “Back in 2018 to 2019, I was fighting for the life and liberty of my brother. And my family’s safety and reputation. I felt helpless and powerless except for my small voice on social media. We were nobodies and I was screaming against the void.”
The Supreme Court likewise took note of Falcis’ use of the term “dilawan” in the post, saying the label contributes to political division rather than constructive discourse.
“Further, ‘dilawan’ is used as a term to describe members of Liberal Party, those belonging to then President Aquino III’s administration to distinguish them from other political groups. Clearly, this fosters polarization between political groups instead of constructive engagement,” the SC said.
The Court added that social media’s wide reach carries significant consequences, making it essential for lawyers to exercise prudence and uphold the ethical standards expected of officers of the court.
Falcis stated: “I recognize that words, contained in a tweet, have power and my choice of words should have consequences. All lawyers should be held accountable for their words and actions. That is why I prostrate myself to the Supreme Court for disciplining me and in the same vein, I beg the Honorable Court to resolve the pending disbarment cases of former President Rodrigo Duterte and Vice President Sara Duterte, to show that indeed, no one is above the law.”/PN
