Case Summary (A.C. No. L-363)
Applicable Law
The primary legal framework governing this disbarment case is Rule 127, Section 5 of the Rules of Court, which stipulates that a member of the bar may be disbarred for a conviction of a crime involving moral turpitude. Relevant legal precedents also inform the decision, particularly the case of In re Lontok, which addressed the impact of pardons on disbarment.
Nature of the Conviction and Pardon
The conviction for murder is unequivocally categorized as a crime involving moral turpitude. The legal definition of moral turpitude includes acts contrary to justice and good morals. Gutierrez contended that his conditional pardon exempted him from disbarment, citing precedent from the Lontok case, where an unconditional pardon nullified the grounds for disbarment based on a prior felony conviction. However, the distinction between an absolute and a conditional pardon is critical, as the conditional pardon received by Gutierrez only remitted the unexecuted portion of his sentence and did not erase the underlying offense or the associated moral turpitude.
Judicial Analysis
The Supreme Court noted that the doctrine established in In re Lontok does not apply to Gutierrez's situation as his pardon was conditional, not absolute. The Court emphasized that while an unconditional pardon can remove both the punishment and the guilt associated with an offense, a conditional pardon does not have the same legal effect. Therefore, Gutierrez's continued status as a convicted felon remains pertinent to the disbarment proceedings despite the pardon.
Conclusion and Disciplinary Action
In light of the egregious nature of the crime of which Gutierrez was convicted, ch
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Case Background
- Respondent Diosdado Q. Gutierrez, a member of the Philippine Bar, was admitted on October 5, 1945.
- He was convicted of murder in Criminal Case No. R-793 in the Court of First Instance of Oriental Mindoro for the killing of Filemon Samaco, a former municipal mayor of Calapan.
- Initially sentenced to death, his sentence was later commuted to reclusion perpetua by the Supreme Court on June 30, 1956 (G.R. No. L-7101).
- After serving part of his sentence, Gutierrez received a conditional pardon from the President on August 19, 1958, remitting the unexecuted portion of his term with the condition that he must not violate any penal laws.
Complaint for Disbarment
- On October 9, 1958, the widow of murder victim Filemon Samaco lodged a verified complaint with the Supreme Court, seeking Gutierrez's removal from the roll of lawyers under Rule 127, Section 5.
- Gutierrez admitted the facts of his previous conviction but defended himself by citing the conditional pardon.
Legal Framework and Definitions
- According to Rule 127, Section 5, a member of the bar may be disbarred for a conviction of a crime involving moral tur