[ OCA CIRCULAR NO. 33-2012, April 20, 2012 ]

[ OCA CIRCULAR NO. 33-2012, April 20, 2012 ]

[ OCA CIRCULAR NO. 33-2012, April 20, 2012 ]

TO :

THE COURT OF APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL TRIAL COURTS, SHARI'A DISTRICT COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, SHARI'A CIRCUIT COURTS, THE OFFICE OF THE CHIEF STATE PROSECUTOR, PUBLIC ATTORNEY'S OFFICE AND THE INTEGRATED BAR OF THE PHILIPPINES

SUBJECT :

SUSPENSION FROM THE PRACTICE OF LAW FOR SIX (6) MONTHS OF ATTY. CANDIDO GUTIERREZ

For your information and guidance, quoted hereunder is the dispositive portion of the Resolution of the Third Division dated 28 November 2011, in Administrative Case No. 6906, entitled "Spouses Oscar and Eliza Delos Santos vs. Atty. Candido Gutierrez", to wit:

" WHEREFORE , Atty. Candido Gutierrez is found GUILTY of violating Canon 18, Rule 18.03 of the Code of Professional Responsibility. He is hereby SUSPENDED from the practice of law for a period of six (6) months effective upon receipt of this Resolution, with a STERN WARNING that a repetition of the same or similar act will be dealt with more severely.

However, the directive of the IBP Board of Governors ordering Atty. Gutierrez to return the amount of P690,000.00 to the complainants with interest is DELETED for lack of factual basis."

Atty. Candido Gutierrez received the Resolution on 25 January 2012 per Registry Return Receipt No. 13248.

April 20, 2012

(SGD.)JOSE MIDAS P. MARQUEZ Court Administrator