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In Re Gutierrez

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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66 views1 page

In Re Gutierrez

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.

Uploaded by

Aliya Safara Ambray
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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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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