MANILA, Philippines – Young lawyer Jesus Falcis III found himself in trouble while pushing for the legalization of same-sex marriage in the Philippines.

Falcis was found guilty of direct contempt of court for wearing improper attire to a preliminary conference held at the Supreme Court (SC) last June 5, weeks before historic oral arguments were held on his petition.

Falcis attended the conference presided by Associate Justice Marvic Leonen wearing “a casual jacket, cropped jeans, and loafers without socks,” according to an SC resolution released to reporters on Monday, July 16.

Lawyers cannot enter their appearance in any court if they are not wearing a complete suit with tie, or a barong. Falcis is the petitioner and lawyer for the case.

For his improper attire, the SC found Falcis guilty of direct contempt and liable under Rules 71, Section 1 of the Rules of Court which punishes “misbehavior in the presence of or so near a court or judge as to obstruct or interrupt the proceedings before the same, including disrespect towards the court or judge.”

Associate Justice Benjamin Caguioa was also present during the conference, according to the resolution.

The strongly worded resolution, dated July 3, also states that Falcis had “jeopardized the cause of his clients.”

“Without even uttering a word, he recklessly courted disfavor with this Court. His bearing and demeanor were a disservice to his clients and to the human rights advocacy he purports to represent,” reads the resolution.

Falcis was described as “contumacious” or stubbornly disobedient.

“Attorney Falcis has miserably failed to accord this Court and his clients’ cause the dignity and respect they deserve,” the SC said.

As of posting, the lawyer has not responded to Rappler’s request for comment.

Falcis’ explanation

Falcis was earlier given a chance to explain himself, where he cited miscommunication with the law firm he had hired to help out with the petition.

According to Falcis, lawyer Darwin Angeles was unable to file his entry of appearance in time for the June 5 hearing, leaving Falcis the only lawyer on record to face the justices.

“He only realized that he was underdressed for the preliminary conference when he entered the session hall, by which time it was too late for him to change into a more appropriate attire.”

The SC did not accept this excuse, saying that Falcis should have known what was expected of him as a lawyer. Falcis became a lawyer in 2015; it was his first oral arguments.

“Considering that the Advisory for Oral Arguments was served on the parties 3 months prior to the preliminary conference, it was inexcusably careless for any of them to appear before this Court so barely prepared,” said the SC.

“This Court does not insist on sartorial pomposity. It does not prescribe immutable minutiae for physical appearance. Still, professional courtesy demands that persons, especially lawyers, having business before courts, act with discretion and manifest this discretion in their choice of apparel.”

Falcis was “sternly warned… that any further contemptuous acts shall be dealt with more severely.”

Justices had lectured Falcis during his turn in the oral arguments, on what they said were procedural flaws in his petition.

But constitutional law professor Dan Gatmaytan said the SC is just not ready for same-sex marriage and that the justices “were trying to find a reason not to decide the case.”

Senior Associate Justice Antonio Carpio said during the oral arguments that same-sex civil union is constitutional.

While the civil rights that come with union and marriage are pretty much the same, Falcis insists they have equal rights to marriage. But he said they are still studying if civil union can be a middle ground.

– Rappler.com