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Disbarred was Raul H. Sesbreño who was found guilty of murder by the Cebu City Regional Trial Court. However, on appeal, the SC downgraded the crime to homicide for which he was sentenced to a prison term ranging from nine years to 16 years.
Sesbreño was released from detention in 2001 after his acceptance of the conditions of his parole.
A complaint for disbarment filed by Dr. Melvyn Garcia stated that homicide is a crime against moral turpitude and, thus, Sesbreño should not be allowed to continue practicing law.
In his defense, Sesbreño argued that the executive clemency granted to him restored his full civil and political rights.
Affirming the recommendation of the Integrated Bar of the Philippines (IBP), the SC disbarred Sesbreno. It said: “Section 27, Rule 138 of the Rules of Court states that a member of the Bar may be disbarred or suspended as attorney by this Court by reason of his conviction of a crime involving moral turpitude. This Court has ruled that disbarment is the appropriate penalty for conviction by final judgment for a crime involving moral turpitude. Moral turpitude is an act of baseness, vileness, or depravity in the private duties which a man owes to his fellow men or to society in general, contrary to justice, honesty, modesty, or good morals.”
The SC also ruled that there was no mention that the executive clemency granted to Sesbreño was absolute and unconditional and that it had restored his full civil and political rights.
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