SC suspends lawyer Jesus Falcis for vulgar tweet against Kris Aquino's supporters
The Supreme Court has suspended lawyer Jesus Nicardo Falcis III due to a vulgar tweet he made in 2018 insulting supporters of actress Kris Aquino, who at the time had filed criminal complaints against his brother Nicardo “Nicko” Falcis II.
In a decision written by Associate Justice Jhosep Lopez, the SC’s Second Division found Falcis guilty of simple misconduct and suspended him from the practice of law for one year.
In his tweet, he wrote, "Yung mga biased na dilawan diyan, halata kayo. Sa allegations ni Kris, paniwalang paniwala na kayo agad. Pero sa allegations namin na she threatened my brother, wala ako naririnig sa inyo? P*****u kayo mga g*****o haha check your cognitive biases."
Following this, Aquino's former business partner, Jason Gene Baltao, had filed a complaint against Falcis for "conduct unbecoming of a lawyer."
However, Falcis argued that previous SC rulings stated that the phrase "p*******a" is "used to express anger or frustration, not to defame." He further asserted that lawyers are "entitled to freedom of speech and expression."
But the Integrated Bar of the Philippines ruled that he had violated the Code of Professional Responsibility and Accountability by using offensive language and recommended a penalty of a fine and reprimand.
While the SC upheld IBP's decision, they ruled that a heavier penalty of suspension was needed to be imposed.
"Under Canon II, Section 4 of the CPRA, lawyers must use dignified, gender-fair, child- and culturally sensitive language in both their professional and personal dealings. They must not use abusive, offensive, or improper language, whether spoken or written, including on social media. Such conduct undermines the dignity of the legal profession," the SC explained.
They also noted that lawyers must ensure that their online posts, whether public or shared within a limited audience, "uphold the dignity of the profession, protect it from disrepute, and maintain respect for the law."
"Falcis failed to meet these standards. While acknowledging his intent to defend his brother, the SC said he could have presented legal arguments and cited news reports about their cases. Instead, he used profanity to attack those he described as 'dilawans,' or Aquino’s supporters," the court stated.
It further explained that it imposed a suspension instead of a fine because of Falcis’ prior administrative violations, including direct and indirect contempt, and the seriousness of his use of profane and offensive language.
Falcis has since responded to his suspension, saying that he accepts the SC's decision.
"All lawyers are under the disciplinary power of the Court and I am no exception," he wrote in an Instagram story.
He also shared that he was "fighting of the life and liberty" of his brother and his family's safety and reputation in 2018 and 2019.
"I felt helpless and powerless except for my small voice on social media. We were nobodies and I was screaming against the void," the lawyer said. "If being suspended is the price I have to pay for defending my family, then it is a price I will pay in any lifetime."
"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."
Aquino had previously filed qualified theft complaints against Nicko due to allegations that he used funds from her production company, Kris Cojuangco Aquino Productions, for personal expenses. Aquino and the Falcis siblings eventually reached a settlment and worked out all personal differences.
