For Human Rights Day, December 10, 2024, The Red Whistle celebrates the triumph of persons living with HIV (PLHIV) over HIV-related stigma and discrimination with the victory of PLHIV advocates Elena Felix and Gem A. Cabreros against controversial lawyer Larry Gadon.
In Elena S. Felix & Gem A. Cabreros vs. Atty. Lorenzo G. Gadon [1], the Supreme Court en banc unanimously found Gadon GUILTY of violating the Code of Professional Responsibility and Accountability, thereby warranting the imposition of the penalty of DISBARMENT from the practice of law. The decision was promulgated on February 27, 2024 but was only published in November 2024.
This is the second time that the Court has imposed the penalty of disbarment on Gadon. He was also found guilty of violating the Code of Professional Responsibility and Accountability in the case filed by journalist Raissa Robles [2]. The penalty of disbarment was imposed for the third time on Gadon in Garrido, Jr. vs. Gadon [3], where the Court also decided that he is ineligible for judicial clemency, hence he will no longer be able to practice law.
It must be recalled that Larry Gadon made malicious statements against the late former Philippine President Benigno "Noynoy" Aquino III on June 24, 2021, when news about his death broke out, imputing that the late former President had HIV.
The Red Whistle was one of the first HIV organizations to issue a statement of condemnation of Gadon's remarks on June 25, 2021 and committed to file a disbarment case against the controversial lawyer. The Red Whistle President and Executive Director Benedict Bernabe led the creation of the #DisbarGadon #EndHIVStigma Coalition, which included like-minded groups such as the Network to Stop AIDS-Philippines (NSAP), Action for Health Initiatives (ACHIEVE), TLF-SHARE, UP OUTLaws, Project Red Ribbon, Association of Positive Women Advocates Inc. (APWAI), Roots of Health, ANGKOP, Youth Reform Movement Philippines, and Positive Elders, Philippines.
For the case to be both symbolic and meaningful, it was intended the people living with HIV should be named as complainants. Nanay Elena S. Felix of APWAI and Gem A. Cabreros of Positive Elders, Philippines volunteered to be complainants in the case. Atty. Eirene Jhone E. Aguila of Aguila Rances Law volunteered as their counsel.
With the help of law student volunteers from UP OUTLaws and support from the CARE Program of TLF-SHARE, we were able to file the case with the Supreme Court in December 2021, in time for World AIDS Day. Gem Cabreros personally filed the complaint with the Supreme Court.
In its Decision, the Supreme Court noted that:
Although all the utterances subject of this case were addressed to former President Aquino, Atty. Gadon's statements had an equally pernicious effect: these statements served to bolster the existing social stigma against PLHIVs, and to spread fear and disinformation about PLHIVs and their condition. By claiming on air that even with the access to the best medical facilities, those with PLHIVs could not be cured, Atty. Gadon exacerbated the struggles and confusion of this long-marginalized sector.
Atty. Gadon's act of spreading misinformation about the illness, where he gave the impression that HIV is untreatable, is irresponsible to say the least. Atty. Gadon even went as far as to heckle and threaten on air the PLHIVs who were planning to file the case, that should they proceed to file the same, they would be identified in the complaint and subjected to embarrassment and ostracized for revealing that they have HIV. This act should be the final nail to seal the fate of Atty. Gadon.
The Red Whistle Executive Director Benedict Bernabe hails the decision as a major win for the rights of persons living with HIV:
We welcome this new decision of the Supreme Court upholding the dignity of persons living with HIV (PLHIV) and highlighting the danger that the spread of misinformation poses not only on PLHIV but on public health in general.
Republic Act No. 11166 or the Philippine HIV Policy Act states that "practices that discriminate on the basis of perceived or actual HIV status... hamper the enjoyment of basic human rights and freedoms guaranteed in the Constitution and are deemed inimical to national interest". The law also declares that "the State shall respect, protect, and promote human rights as the cornerstone of an effective response to the country's HIV situation" and that "HIV education and information dissemination should form part the right to health." [4]
In condemning Gadon's act of spreading disinformation, the Court upholds the Filipino people's right to health, which includes the right to receive lifesaving information on HIV, including the fact that HIV can be managed through treatment. We also welcome this trend of HIV-related Supreme Court decisions upholding the State's commitment to promote and protect the human rights of PLHIV. Just this year on Labor Day, the Court published its decision in Bison Management Corporation v. AAA and Pernito [5] where, affirming the State’s promise to protect Filipino workers here and abroad, the Court ruled that it is illegal to fire an employee solely for testing positive for human immunodeficiency virus (HIV).
We commend PLHIV advocates, Nanay Elena S. Felix and Gem A. Cabreros for their bravery in putting their names and faces out there to show the world that persons living with HIV are strong, courageous, and will always stand up for truth, justice, and equality.
Mabuhay kayo, Nanay Elena at Gem! For facing down and defeating an abusive lawyer, your names will forever be etched in history!
References:
Elena S. Felix and Gem A. Cabreros vs. Gadon: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69589
In Re: Gadon's viral video against Raissa Robles: https://sc.judiciary.gov.ph/13521-in-re-atty-lorenzo-g-gadons-viral-against-raissa-robles/
Atty. Wilfredo M. Garrido, Jr. vs. Gadon: https://sc.judiciary.gov.ph/13842-atty-wilfredo-m-garrido-jr-vs-atty-lorenzo-g-gadon/
Republic Act No. 11166: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/87423
Bison Management Corp. vs. AAA and Pernito: https://sc.judiciary.gov.ph/256540-bison-management-corporation-versus-aaa-and-dale-p-pernito/
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