Zaguirre vs.

Castillo

A.C. No. 4921 August 3, 2005

FACTS:

Atty. Alfredo Castillo was already married with three children when he had an affair with Carmelita
Zaguirre. This occurred sometime from 1996 to 1997, while Castillo was reviewing for the bar and
before the release of its results. Zaguirre then got pregnant allegedly with Castillo’s daughter. The
latter, who was already a lawyer, notarized an affidavit recognizing the child and promising for her
support which did not materialize after the birth of the child. The Court found him guilty of Gross
Immoral Conduct to which Castillo filed a motion for reconsideration.

The IBP commented that until Castillo admits the paternity of the child and agrees to support her. In his
defense, the latter presented different certificates appreciating his services as a lawyer and proving his
good moral character. His wife even submitted a handwritten letter stating his amicability as a husband
and father despite the affair. More than a year since the original decision rendered by the Court,
Castillo reiterated his willingness to support the child to the Court and attached a photocopy of post-
dated checks addressed to Zaguirre for the months of March to December 2005 in the amount of
Php2,000.00 each.

DISPOSITIVE PORTION:

WHEREFORE, respondent’s motion for reconsideration is GRANTED. The indefinite suspension imposed
on him by the Court in its Decision dated March 6, 2003 is REDUCED to TWO YEARS suspension effective
from date of receipt of herein Resolution.

Complainant’s further claim for support of her child should be addressed to the proper court in a proper
case.

DOCTRINE:

Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor
shall he whether in public or private life, behave in a scandalous manner to the discredit of the legal
profession.

Immoral conduct is that conduct which is so willful, flagrant, or shameless as to show indifference to the
opinion of good and respectable members of the community.

Siring a child with a woman other than his wife is a conduct way below the standards of morality
required of every lawyer.