Topic: Upholding the Constitution and the Law

Yuhico v Gutierrez
AC No 8391, Nov 23 2010

Case Digest by Celine Arat-Cabading

Facts
This is a disciplinary action against respondent Gutierrez filed by Yuhico for violation of Rule 1.01 of the
Code of Professional Responsibility. Yuhico alleged that he met Gutierrez at the Office of the City
Prosecutor during the hearings.

Gutierrez asked Yuhico for a cash loan of P30,000.00 and later P60,000 (totalling to P90,000.00)
to pay for the medical expenses of his mother who was seriously ill and later of his wife who was also
hospitalized. Gutierrez promised to pay the loan very soon, since he was expecting to collect his
attorney's fees from a Japanese client. When Yuhico asked Gutierrez to pay his loans, Gutierrez failed to
pay saying his attorney's fees release is delayed due to tax and the law on money laundering. Again,
Gutierrez attempted to borrow P70,000.00 from him again for his daughter’s fees required to take the US
Med Board licensure examination in the U.S. This time, Yuhico refused to lend Gutierrez. Yuhico
repeatedly requested the payment of loans for numerous times, but Gutierrez always failed to do so.
Thus, Yuhico filed the instant complaint against Gutierrez before the Integrated Bar of the Philippines-
Commission on Bar Discipline (IBP-CBD).

By then, IBP already disbarred Gutierrez from the practice of law for gross misconduct, in view of his
failure to pay his debts and his issuance of worthless checks.

Issue: WON Gutierrez gross misconduct is a ground for disbarment and WON a lawyer can be disbarred
more than once.

Held:
Deliberate failure to pay just debts constitute gross misconduct, for which a lawyer may be sanctioned
with suspension from the practice of law. Lawyers are instruments for the administration of justice and
vanguards of our legal system. They are expected to maintain not only legal proficiency, but also a high
standard of morality, honesty, integrity and fair dealing so that the people’s faith and confidence in the
judicial system is ensured.

In view of the previous disbarment of Gutierrez, the Court cannot, disbar Gutierrez for the second time,
considering that Gutierrez had already been previously disbarred. Philippine law do not have laws on
double or multiple disbarment. Thus, while Gutierrez's infraction calls for the penalty of disbarment, we
cannot disbar him anew.

IBP, which found FRED L. GUTIERREZ guilty of GROSS MISCONDUCT, is AFFIRMED and is ORDERED to PAY
the amount of Ninety Thousand Pesos (P90,000.00) to the complainant immediately from receipt of this
decision with interest.

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