LEGAL & JUDICIAL ETHICS…

In Re: Disbarment Proceedings Against
Atty. Diosdado Q. Gutierrez, respondent.

Facts:

Respondent Diosdado Q. Gutierrez is a member of the Philippine Bar, admitted to it on October 5, 1945. In criminal case of the Court of First Instance of Oriental Mindoro, he was convicted of murder of Filemon Samaco, former municipal mayor of Calapan, and together with his co-conspirators was sentenced to the penalty of death. Upon review by the Court the judgment of conviction was affirmed on June 30, 1956, but the penalty was changed to reclusion perpetua. After serving a portion of the sentence respondent was granted a conditional pardon by the President 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.

Issues:

Whether the respondent be removed from the roll of lawyers pursuant to Rule 127, section 5.

Whether the conditional pardon extended to respondent places him beyond the scope of the rule on disbarment aforecited.

Ruling:

The pardon granted to respondent is not absolute but conditional, and merely remitted the unexecuted portion of his term. It does not reach the offense itself.
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.