Summary of Charges
The Attorney-General seeks to remove Marcelino Lontok from his position as a lawyer due to his conviction for bigamy, an offense adjudicated by the Court of First Instance of Zambales. Lontok was sentenced on February 27, 1918, to eight years of imprisonment, a sentence upheld by the Supreme Court and further unsuccessfully challenged in the United States Supreme Court.
Pardon Issuance
On February 9, 1921, a pardon was granted to Marcelino Lontok by the Governor-General of the Philippines, which stated that the sentence for his conviction of bigamy was remitted provided that he did not engage in further misconduct. This pardon plays a crucial role in the disbarment proceedings.
Legal Framework for Disbarment
The legal provision underlying the disbarment is found in Section 21 of the Code of Civil Procedure, which allows for the removal or suspension of a lawyer from the bar on the grounds of conviction for a crime involving moral turpitude. The question of whether bigamy, in this case, involves moral turpitude is undisputed.
Effect of Pardon on Disbarment Proceedings
A central issue in this case is the impact of the pardon on Lontok's professional standing. The government contends that while the legal consequences of the conviction are alleviated by the pardon, the moral implications remain. The respondent argues that the pardon effectively nullifies the basis for disbarment, thereby reinstating his status as a lawyer.
Judicial Precedents and Interpretation
The court draws upon various precedents regarding the effect of pardons on disbarment. It notes that in some cases, if disbarment actions are solely based on statutory provisions regarding felony convictions, a pardon could serve as a complete defense. Conversely, if disbarment concerns professional misconduct stemming from a felony, the underlying acts may still imply a lack of moral character despite the pardon.
Interpretation of Full Pardon
The court references the landmark case of Ex parte Garland, affirming that a pardon nullifies both the punishment and the guilt associated with an offense. It emphasizes that a full pardon restores civil rights and innocence
...continue readingIntroduction to the Case
- The case revolves around Marcelino Lontok, a lawyer in the Philippines, who is facing disbarment following his conviction for bigamy.
- The Attorney-General has filed a petition for Lontok’s removal from the legal profession based on this conviction.
- Lontok, however, contends that a pardon issued by former Governor-General Harrison should absolve him of the charges against him.
Background of Marcelino Lontok's Conviction
- Lontok was convicted by the Court of First Instance of Zambales for the crime of bigamy on February 27, 1918.
- His conviction included an eight-year prison sentence and accessory penalties, which was affirmed by the Supreme Court on September 8, 1919.
- Attempts to appeal the case to the United States Supreme Court were unsuccessful.
The Pardon Issued
- On February 9, 1921, a pardon was granted by the Governor-General, remitting Lontok's sentence on the condition that he refrains from further misconduct.
- The pardon specifically states that it is based on the authority conferred by the Philippine Organic Act of August 29, 1916.
Legal Basis for Disbarment
- The Attorney-General’s request for disbarment is grounded in Section 21 of the Code of Civil Procedure, which allows for the removal or sus