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    In Re Gutierrez

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    Aliya Safara Ambray
    Diosdado Gutierrez was convicted of murder and sentenced to death, later commuted to life imprisonment. He was granted a conditional pardon by the President, releasing him from the unserved portion of his sentence. The widow of the murder victim filed a complaint to have Gutierrez removed from the bar of attorneys. The Supreme Court ruled that the conditional pardon did not place Gutierrez beyond the scope of disbarment, as he was still convicted of a crime involving moral turpitude. Members of the bar must maintain high standards of moral character.

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    In Re Gutierrez

    Uploaded by

    Aliya Safara Ambray
    30 views1 page
    Diosdado Gutierrez was convicted of murder and sentenced to death, later commuted to life imprisonment. He was granted a conditional pardon by the President, releasing him from the unserved portion of his sentence. The widow of the murder victim filed a complaint to have Gutierrez removed from the bar of attorneys. The Supreme Court ruled that the conditional pardon did not place Gutierrez beyond the scope of disbarment, as he was still convicted of a crime involving moral turpitude. Members of the bar must maintain high standards of moral character.

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    Diosdado Gutierrez was convicted of murder and sentenced to death, later commuted to life imprisonment. He was granted a conditional pardon by the President, releasing him from the unserved portion of his sentence. The widow of the murder victim filed a complaint to have Gutierrez removed from the bar of attorneys. The Supreme Court ruled that the conditional pardon did not place Gutierrez beyond the scope of disbarment, as he was still convicted of a crime involving moral turpitude. Members of the bar must maintain high standards of moral character.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    30 views1 page

    In Re Gutierrez

    Uploaded by

    Aliya Safara Ambray
    Diosdado Gutierrez was convicted of murder and sentenced to death, later commuted to life imprisonment. He was granted a conditional pardon by the President, releasing him from the unserved portion of his sentence. The widow of the murder victim filed a complaint to have Gutierrez removed from the bar of attorneys. The Supreme Court ruled that the conditional pardon did not place Gutierrez beyond the scope of disbarment, as he was still convicted of a crime involving moral turpitude. Members of the bar must maintain high standards of moral character.

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    In re: Gutierrez (July 31, 1962)

    Makalintal

    Facts:
    -Diosdado Gutierrez was a member of the Philippine Bar
    -In a criminal case, he was convicted of the murder of Samaco, former mayor of Calapan, along
    with his co-conspirators sentenced to the penalty of death but was changed to reclusion perpetua
    -He served part of his sentence and was granted conditional pardon by President Garcia
    -The unserved portion of the prison term was remitted with the condition that he will not violate
    any of the penal laws of the Philippines
    -The widow of Samaco filed a complaint that he be removed the roll of attorneys pursuant to
    Rule 127 Sec. 5
    -Gutierrez admitted the facts
    -Under Rule 127 Sec. 5: a member of the bar may be removed suspended from his office as
    attorney by the SC by being convicted of a crime involving moral turpitude
    -Moral turpitude: contrary to justice, honesty, modesty or good morals. An act of baseness,
    vileness, or depravity in the private and social duties which a man owes to his fellowmen
    -Pardon releases the punishment as if innocent again, but the pardon granted to Gutierrez is
    conditional and remitted the portion not yet served

    Issue: W/N the conditional pardon given to Gutierrez places him beyond the scope of the rule on
    disbarment

    Ruling: No.
    -Gutierrez was convicted and disbarred.
    -The practice of law is a privilege to those who measure up to certain rigid standards of mental
    and moral fitness. Being a member of the bar requires satisfactory testimonials of good moral
    character.

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