QUESTION:

The Justice of the Supreme Court sit en banc in all cases involving disciplinary actions among
lawyers and judges. Carmelo, a practicing lawyer from Bataan felt that there is an inner woman
in him that he is suppressing through the years. Firm with his decision, he saved a lot of money
and underwent sex change in Thailand. After a month of recuperation, he returned to work as a
litigation lawyer. The IBP Bataan Chapter filed a disciplinary action against him on the ground of
conduct unbecoming of a lawyer. Is this tenable?

ANSWER:

No, the disciplinary action is not tenable.

LEGAL BASIS:

CHAPTER I. THE LAWYER AND SOCIETY

CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND
PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at
lessening confidence in the legal system.

RATIONALE:

It is not tenable because undergoing sex change surgery does not sufficiently constitute as an
act unbecoming of a lawyer. Carmelo, herein defendant, does not bring discredit upon the legal
profession in any means. Such does not reflect adversely on his honesty, competence, and
capability as a practitioner of law.