Digest Author: Dodot

In re Lontok (1922) Petition: Original Action in the Supreme Court. Moral turpitude (Marcelino Lontok) Petitioners: Respondent: Ponente: J. Malcolm Date: 7 April 1922 Case statement: Attorney-General asks that an order be issued for the removal of Lontok from his office of lawyer in the Philippine Islands, because of having been convicted for the crime of bigamy. Lontok, on the other hand, prays that the charges be dismissed: principally on a pardon issued to him by former Gov.-Gen. Harrison. Facts:

Lontok Convicted of bigamy Zambales CFI o 27 Feb 1918 Sentenced to imprisonment, 8 years 9 Feb 1921 pardon issued by Gov-Gen o Citing Philippine Organic Act o Pardon conditional on Lontok not again being guilty of any misconduct

Pertinent laws/provisions/concepts: Sec. 19, Art VII Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment Issues: 1.

Did the executive pardon remove the cause of action for disbarment? [Yes]

Ruling/Ratio Decidendi: 1. YES. While pardon relieves one of the penal consequences of the act, it does not operate as a bar to the disbarment

proceeding. Ex parte Garland o Petitioner applied for license to practice law in US Courts [did not take oath about never voluntarily giving aid to any govt hostile to US required by statute] Petitioner had been member of the Confederate Congress during the secession of the South o Pardoned by the US President o Court ruled: to exclude the petitioner from the practice of law would be to enforce a punishment for the offense o Justice Field: A pardon reaches both the punishment prescribed for the offense and the guilt of the offender; and when the pardon is full, release the punishment and blot out of existence the guilt In the eye of the law the offender is as innocent as if he had never committed the offense. Art. 130, RPC: one of the ways to extinguish criminal liability by pardon

Decision: Proceedings dismissed Dissenting Opinion: None. Principles: The Executive Department The President Executive Clemency