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    Atty. Diosdado Gutierrez was convicted of murdering a former mayor and sentenced to death, later commuted to life imprisonment. He was granted a conditional pardon by the president. The widow of the deceased filed a complaint to have Gutierrez removed from the roll of lawyers. While the conditional pardon remitted the unserved prison term, it did not override the rules allowing disbarment for conviction of a crime involving moral turpitude. The court held that the standards for lawyers, including good moral character, continue after admission. Therefore, the court ordered Gutierrez disbarred based on the nature of his conviction for murder.

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    Case Digest on Legal Profession

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    In Re; Gutierrez - D

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    Atty. Diosdado Gutierrez was convicted of murdering a former mayor and sentenced to death, later commuted to life imprisonment. He was granted a conditional pardon by the president. The widow of the deceased filed a complaint to have Gutierrez removed from the roll of lawyers. While the conditional pardon remitted the unserved prison term, it did not override the rules allowing disbarment for conviction of a crime involving moral turpitude. The court held that the standards for lawyers, including good moral character, continue after admission. Therefore, the court ordered Gutierrez disbarred based on the nature of his conviction for murder.

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    396 views1 page

    In Re Gutierrez - D

    Uploaded by

    RayBradleyEduardo
    Atty. Diosdado Gutierrez was convicted of murdering a former mayor and sentenced to death, later commuted to life imprisonment. He was granted a conditional pardon by the president. The widow of the deceased filed a complaint to have Gutierrez removed from the roll of lawyers. While the conditional pardon remitted the unserved prison term, it did not override the rules allowing disbarment for conviction of a crime involving moral turpitude. The court held that the standards for lawyers, including good moral character, continue after admission. Therefore, the court ordered Gutierrez disbarred based on the nature of his conviction for murder.

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    © All Rights Reserved
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    of 1

    A.C. No. L-363.

    July 31, 1962

    IN RE: DISBARMENT PROCEEDINGS AGAINST ATTY. DIOSDADO Q. GUTIERREZ

    TOPIC: Lawyers Disbarred

    FACTS:

    Atty. Diosdado Gutierrez admitted to it on October 5, 1945. In criminal case No. R-793 of RTC Oriental
    Mindoro for murdering Filemon Samaco, former municipal mayor of Calapan and sentence him to death
    penalty but later on the penalty was changed to reclusión perpetua. After serving a portion Gutierrez
    was granted a conditional pardon by the President Diosdado Macapagal Arroyo 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."

    On October 9, 1958, the widow of the deceased Filemon Samaco filed a verified complaint before this
    Court praying that respondent be removed from the roll of lawyers pursuant to Rule 127, section 5 that 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.

    Gutierrez presented his answer, admitting the facts alleged by complainant regarding his previous
    conviction but pleading the conditional pardon in defense.

    ISSUE: Whether or not the conditional pardon extended beyond the scope of the rule on disbarment.

    HELD:

    "‘A pardon reaches both the punishment prescribed for the offense and the guilt of the offender; and
    when the pardon is full, it releases the punishment and blots out of existence the guilt, so that in the
    eyes of the law the offender is as innocent as if he had never committed the offense. If granted before
    conviction, it prevents any of the penalties and disabilities, consequent upon conviction, from attaching;
    if granted after conviction, it removes the penalties and disabilities, and restores him to all his civil rights;
    it makes him, as it were, a new man, and gives him a new credit and capacity.’"

    The pardon granted to Gutierrez here is not absolute but conditional, and merely remitted the
    unexecuted portion of his term. The practice of law is a privilege accorded only to those who measure up
    to certain rigid standards of mental and moral fitness.

    For the admission of a candidate to the bar the Rules of Court not only prescribe a test of academic
    preparation but require satisfactory testimonials of good moral character. These standards are neither
    dispensed with nor lowered after admission; the lawyer must continue to adhere to them or else incur
    the risk of suspension or removal.

    WHEREFORE, 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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