In re: Disbarment proceedings against Atty. Diosdado Gutierrez

 In re: Disbarment proceedings against Atty. Diosdado Gutierrez 

A.M. No. L-363: July 31, 1962: Justice Makalintal

Canon 1

FACTS:  

●        Gutierrez is a member of the Philippine bar. He was convicted of murder of Filemon Samaco, former mayor and was sentenced to reclusion perpetua. He was granted conditional pardon by the president and was remitted that he must not again violate the penal laws of the Philippines. 

●        Filemon Samaco’s wife filed a verified complaint to removed Gutierrez from the roll of lawyers pursuant to Rule 127, section 5. Samaco’s wife contested that the murder of her husband is of moral turpitude, hence, the disbarment of Gutierrez. 

 

ISSUE/S: 

            WON Gutierrez should be disbarred and his name be stricken from the role of lawyers for violating Canon 1. 

RULINGS: 

            Yes. The court ruled that under section 5 of Rule 127, a member of the bar may be removed suspended from his office as attorney by the Supreme Court by reason of his conviction of a crime involving moral turpitude. In Canon 1, it was stated that a lawyer should uphold the constitution, obey the laws of the land and promote respect for law of and legal processes. In the case at bar, Gutierrez was removed by Supreme Court pursuant to section 5 of Rule 127. He also violated Canon 1 of the code of professional responsibility. Hence, the court disbarred him and his name be stricken from the role of lawyers.