SC disbars ex-BI lawyer for gross misconduct

A former lawyer of the Bureau of Immigration was disbarred by the Supreme Court after he was found to have collected $20,000 from an American missionary for the facilitation of her and her three sons’ visas.

In a 16-page decision, the SC ordered lawyer Fred Gutierrez to return the $20,000 to Gisela Huyssen of the World Mission of Jesus plus legal interest counted from the time he received the money and until payment.

"Respondent’s (Gutierrez) acts constitute gross misconduct," the SC said.

"Consistent with the need to maintain the high standards of the Bar and thus preserve the faith of the public in the legal profession, respondent deserves the ultimate penalty of expulsion from the esteemed brotherhood of lawyers," it said.

The SC referred the case of Gutierrez 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 (DOJ) for appropriate administrative action.

The SC said Gutierrez violated Rule 1.011 of the Code of Professional Responsibility which prohibits members of the Bar "from engaging or participating in any unlawful, dishonest or deceitful acts" and Rule 6.02 of the Code of professional responsibility which "bars lawyers in government service from promoting their private interest."

Court records showed that in 1995, Huyssen and her three sons, who are American citizens, applied for visas as required under the Immigration Act of 1940.

Gutierrez told Huyssen that for the BI to favorably act on their visa applications, she needed to deposit a certain sum of money, which could be withdrawn after a year.

Believing it to be required by law, Huyssen deposited with Gutierrez on six different occasions, from April 1995 to April 1996, a total amount of $20,000.

Gutierrez then prepared receipts and vouchers as proof that he received the amounts deposited by the complainant, but refused to give her copies of official receipts despite her demands.

After a year, Huyssen demanded the return of the $20,000 and Gutierrez assured he would hand back the money.

When Gutierrez failed to return the money to Huyssen, the World Mission for Jesus sent a demand letter to Gutierrez.

In a letter dated March 1, 1999, Gutierrez promised to release the amount, not later than March 9, 1999.

However, Gutierrez failed to fulfill his promise, prompting the World Mission for Jesus to send another demand letter.

In response, Gutierrez in a letter, dated March 19, 1999, explained the reasons for the delay in the money’s return and enclosed two blank checks postdated to April 6 and April 20, 1999, and authorized Huyssen to fill in the amount.

Huyssen tried to deposit the post-dated checks, but it was dishonored by the bank.

On April 25, 1999, Gutierrez wrote to Huyssen, saying that he instructed the bank to stop payment on the checks, and he issued another five post-dated checks to Huyssen, with the assurance that the checks would be honored by the bank.

Huyssen tried again to deposit the five post-dated checks on their due dates, but they were all dishonored for having been drawn against insufficient funds or payment thereon was ordered stopped by Gutierrez.

Huyssen then hired a lawyer after Gutierrez again made several unfulfilled promises to return the money.

Huyssen’s lawyer sent two demand letters to Gutierrez, but the demand letters remained unheeded.

This prompted Huyssen to file a disbarment case against Gutierrez before the Integrated Bar of the Philippines (IBP).

On Nov. 15, 2000, Victor Fernandez, IBP director for Bar discipline, ordered Gutierrez to submit his answer to Huyssen’s complaint within 15 days from receipt of notice.

In his counter-affidavit, dated July 2, 2001, Gutierrez denied Huyssen’s allegations, claiming that he never received $20,000 from her.

Gutierrez said the money was used as payment for services rendered for obtaining the visas of Huyssen and her three sons. — Jose Rodel Clapano