IN RE: DISBARMENT PROCEEDINGS AGAINST ATTY. DIOSDADO Q.

GUTIERREZ

Facts: Respondent Diosdado Q. Gutierrez, was convicted of the murder of Filemon Samaco former
municipal mayor of Calapan, and together with his co-conspirators was sentenced to the penalty of death.
After serving a portion of the sentence respondent was granted a conditional pardon by the President on
August 19, 1958. Subsequently, the widow of Samaco filed a disbarment case against Gutierrez by reason
of the latters conviction of a crime involving moral turpitude.

Issue: Whether or not Gutierrez may be disbarred considering the fact that he was granted pardon.
Ruling: Yes, The pardon granted to respondent here is not absolute but conditional, and merely remitted
the unexecuted portion of his term.
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. Murder is,
without doubt, such a crime. The term "moral turpitude" includes everything which is done contrary to
justice, honesty, modesty or good morals.

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.

Carlos Basa is a young lawyer convicted of the crime of abduction with consent. He was sentenced to two
years, eleven months, and eleven days of imprisonment. The Solicitor General asked for Basas
disbarment based on his commission of a crime involving moral turpitude.
ISSUE: Whether or not the crime abduction with consent involves moral turpitude.
HELD: Yes. Crimes of this character do involve moral turpitude. The inherent nature of the act is such
that it is against good morals and the accepted rule of right conduct. Moral turpitude includes everything
which is done contrary to justice, honesty, modesty, or good morals. Basa was declared to be suspended
for one year immediately after he finished serving his sentence.

In re Basa
Facts: Carlos Basa is a young lawyer convicted of the crime of abduction with consent. He was sentenced to two years, eleven months, and
eleven days of imprisonment. The Solicitor General asked for Basas disbarment based on his commission of a crime involving moral
turpitude.

ISSUE: Whether or not the crime abduction with consent involves moral turpitude.

HELD: Yes. Crimes of this character do involve moral turpitude. The inherent nature of the act is such that it is against good morals and the
accepted rule of right conduct. Moral turpitude includes everything which is done contrary to justice, honesty, modesty, or good morals. Basa
was declared to be suspended for one year immediately after he finished serving his sentence.