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In Re-Gutierrez

(1) Respondent Diosdado Gutierrez was convicted of murdering a former mayor and was sentenced to death, later commuted to life imprisonment. (2) After serving part of his sentence, he was granted a conditional pardon by the President on the condition that he not violate any laws again. (3) The victim's widow filed a complaint seeking his disbarment. (4) The Court held that the conditional pardon did not erase the offense and respondent must be judged based on his murder conviction, which involved moral turpitude. (5) Respondent was ordered disbarred under the rule allowing removal of attorneys convicted of crimes involving moral turpitude.

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Joesil Dianne Sempron
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74 views

In Re-Gutierrez

(1) Respondent Diosdado Gutierrez was convicted of murdering a former mayor and was sentenced to death, later commuted to life imprisonment. (2) After serving part of his sentence, he was granted a conditional pardon by the President on the condition that he not violate any laws again. (3) The victim's widow filed a complaint seeking his disbarment. (4) The Court held that the conditional pardon did not erase the offense and respondent must be judged based on his murder conviction, which involved moral turpitude. (5) Respondent was ordered disbarred under the rule allowing removal of attorneys convicted of crimes involving moral turpitude.

Uploaded by

Joesil Dianne Sempron
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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In Re: Disbarment Proceedings against Atty.

Diosdado Gutierrez
AC No. L-363 July 31, 1962

Facts:
Respondent was convicted of the murder of Filemon Samaco, former municipal mayor of
Calapan, and together with his co-conspirators was sentenced to the penalty of death. Upon
review by this Court the judgment of conviction was affirmed, but the penalty was changed to
reclusión perpetua.

After serving a portion of the sentence respondent was granted a conditional pardon by the
President on August 19, 1958. The unexecuted portion of the prison term was remitted "on
condition that he shall not again violate any of the penal laws of the Philippines."

The widow of the deceased Filemon Samaco, victim in the murder case, filed a verified complaint
before this Court praying that respondent be removed from the roll of lawyers pursuant to Rule
127, section 5.

Under section 5 of Rule 127 a member of the bar may be removed or suspended from his office
as attorney by the Supreme Court by reason of his conviction of a crime involving moral
turpitude. Murder is, without doubt, such a crime. The term "moral turpitude" includes
everything which is done contrary to justice, honesty, modesty or good morals.

Issue: Whether or not the conditional pardon extended to respondent places him beyond the
scope of the rule on disbarment aforecited.

Held:
No. The pardon granted to respondent here is not absolute but conditional, and merely remitted
the unexecuted portion of his term. It does not reach the offense itself.

Respondent Gutierrez must be judged upon the fact of his conviction for murder without regard
to the pardon he invokes in defense. The crime was qualified by treachery and aggravated by its
having been committed in band, by taking advantage of his official position (respondent being
municipal mayor at the time) and with the use of a motor vehicle.

As stated in Ex parte Wall, "Of all classes and professions, the lawyer is most sacredly bound to
uphold the laws. He is their sworn servant; and for him, of all men in the world, to repudiate and
override the laws, to trample them under foot and to ignore the very bands of society, argues
recreancy to his position and office and sets a pernicious example to the insubordinate and
dangerous elements of the body politic."

Pursuant to Rule 127, Section 5, and considering the nature of the crime for which respondent
Diosdado Q. Gutierrez has been convicted, he is ordered disbarred and his name stricken from
the roll of lawyers.

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