(Case Digest #2)

CARMELITA I. ZAGUIRRE vs. ATTY. ALFREDO CASTILLO

A.C. No. 4921
March 6, 2003

FACTS:

Complainant and respondent had their illicit relationship while the latter was preparing to take the bar examinations.
After the admission of the respondent to the Philippine Bar, complainant learned that he was already married.
Respondent, who by now is a lawyer, executed an affidavit, admitting his relationship with the complainant and
recognizing the unborn child she was carrying as his. After the birth of the baby, however, respondent had started to
refuse recognizing the child and giving her any form of support. After due hearing, the IBP Commission on Bar
Discipline found Atty. Castillo guilty of gross immoral conduct and recommends that he be meted the penalty of
indefinite suspension from the practice of law.

ISSUE:

Whether or not the penalty imposed is proper.

RULING:

YES. Respondent violated Rule 1.01 of the Code of Professional Responsibility; Canon 7 and Rule 7.03 of the same
Code.

The conduct must not only be immoral, but grossly immoral. That is, it must be so corrupt as to constitute a criminal
act or so unprincipled as to be reprehensible to a high degree or committed under such scandalous or revolting
circumstances as to shock the common sense of decency.

Siring a child with a woman other than his wife is a conduct way below the standards of morality required of every
lawyer. Moreover, the attempt of respondent to renege on his notarized statement recognizing and undertaking to
support his child by Carmelita demonstrates a certain unscrupulousness on his part which is highly censurable,
unbecoming a member of a noble profession, tantamount to self-stultification.

The rule is settled that a lawyer may be suspended or disbarred for any misconduct, even if it pertains to his private
activities, as long as it shows him to be wanting in moral character, honesty, probity or good demeanour.