By REY G. PANALIGAN
The Supreme Court (SC) has ordered the disbarment of a lawyer for extorting US,000 from an American missionary and his three children as alleged fee for the facilitation of their Philippine visa applications in 1996.
Ordered disbarred in a 16-page decision was Fred L. Gutierrez whose act of extorting money, the SC said, was done when he was employed with the Bureau of Immigration.
It said that Gutierrez violated Rule 1.01 of the Code of Professional Responsibility which prohibits members of the bar from engaging or participating in any unlawful, dishonest, or deceitful act, and Rule 6.02 of the Code which bars lawyers in government service from promoting their private interest.
Aside from disbarment and the reimbursement of the money with legal interest, the SC referred Gutierrez’s case to the Office of the Ombudsman for criminal prosecution for violation of the Anti-Graft and Corrupt Practices Act, and to the Department of Justice for appropriate action.
The disbarment complaint was filed by Gisella Huyssen of the World Mission of Jesus before the Commission on Bar Discipline of the Integrated Bar of the Philippines (IBP) which recommended Gutierrez’s expulsion as a lawyer.
Acting favorably on the recommendation, the SC said that it was undisputed that Gutierrez admitted having received US,000 from Huyssen in 1996 as shown by his signatures in the petty cash vouchers and receipts he prepared, on the false representation that it was needed for missionary’s and his children’s visa applications.
It also said that Gutierrez had asked Huyssen to deposit the money which he said could be withdrawn after one year.
Gutierrez’s defense of alibi and denial, the SC said, remains unsubstantiated as he failed to submit evidence.
It pointed out that while Gutierrez claimed that he did not misappropriate the money but delivered the same to a certain "Atty. Mendoza" whom he said assisted the complainant and his children in their visa applications with the BI but who died thereafter, he indirectly admitted the charge when he subsequently issued post-dated checks to Huyssen upon demand of refund by the World Mission of Jesus.
As correctly observed by the IBP, Gutierrez would not have issued his personal checks if said amount were officially deposited with the BI, the SC said.
When the checks were dishonored by the bank, Huyssen filed the disbarment case against Gutierrez.
|
