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In Re Gutierrez

The document discusses a case where an attorney was convicted of murder and granted a conditional pardon. A disbarment case was subsequently filed against the attorney. The court held that the conditional pardon did not prevent disbarment, as it only remitted the sentence and did not erase the offense.

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50 views1 page

In Re Gutierrez

The document discusses a case where an attorney was convicted of murder and granted a conditional pardon. A disbarment case was subsequently filed against the attorney. The court held that the conditional pardon did not prevent disbarment, as it only remitted the sentence and did not erase the offense.

Uploaded by

Magr Esca
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 PDF, TXT or read online on Scribd
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In re: Gutierrez Legal Ethics – 5 SCRA 661 –

Conditional Pardon will not bar disbarment

FACTS:
 Attorney Gutierrez was convicted for the murder of one Filemon Samaco in 1956.
 He was sentenced to the penalty of reclusionperpetua.
 In 1958, after serving a portion of the penalty, he was granted a conditional pardon by
the President. He was released on the condition that he shall not commit any crime.
 Subsequently, the widow of Samaco filed a disbarment case against Gutierrez by reason
of the latter’s conviction of a crime involving moral turpitude.
 Murder, is without a doubt, such a crime.

ISSUE:
Whether or not Gutierrez may be disbarred considering the fact that he was granted
pardon.

HELD:
Yes. The pardon granted to Gutierrez is not absolute but conditional. It merely remitted
his sentence. It does not reach the offense itself. Gutierrez must be judged upon the fact of his
conviction for murder without regard to the pardon (which he invoked in defense). The crime
was actually qualified by treachery and aggravated by its having been committed in hand, by
taking advantage of his official position (Gutierrez being municipal mayor at the time) and with
the use of motor vehicle. The degree of moral turpitude involved is such as to justify his being
purged from the profession.

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