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CARMELITA I. ZAGUIRRE v. ATTY. ALFREDO CASTILLO

FACTS:

Complainant Carmelita Zaguirre filed a Petition for Disbarment against Atty. Alfredo Castillo on the ground of Gross Immoral Conduct. Complainant and respondent met in 1996 while working at the National Bureau of Investigation (NBI). Respondent courted complainant and promised to marry her, representing himself as single. They had an intimate relationship from 1996 to 1997. During this time, respondent was preparing for the bar exams, which he passed. He was admitted to the Philippine Bar on May 10, 1997. In May 1997, complainant learned that respondent was already married when his wife confronted her. On September 10, 1997, respondent executed an affidavit admitting his relationship with complainant and recognizing their unborn child. Complainant gave birth to a baby girl on December 9, 1997, but respondent started to refuse recognizing the child and giving support. Respondent claims that he never courted complainant and their relationship was based on mutual lust. He also asserts that complainant knew he was already married, and the child may not be his because complainant was seeing other men. After a hearing, the IBP Commission on Bar Discipline found Atty. Alfredo Castillo guilty of gross immoral conduct and recommended indefinite suspension from the practice of law. The Court agreed with the findings and recommendation of the IBP. The Code of Professional Responsibility provides that a lawyer shall not engage in immoral conduct or conduct that adversely reflects on his fitness to practice law. In his affidavit, respondent admitted his relationship with complainant and recognized the child as his own. His handwritten letter further supports his involvement with complainant and their child. The Court defines gross immoral conduct as conduct so willful, flagrant, or shameless as to be corrupt or unprincipled to a high degree, or committed under scandalous or revolting circumstances. In the recent case of Luguid vs. Judge Camano, Jr., the Court emphasized the strict standard of conduct for lawyers.

ISSUES:

  1. Whether Atty. Alfredo Castillo engaged in gross immoral conduct.

  2. Whether Atty. Alfredo Castillo's actions adversely reflect on his fitness to practice law.

RULING:

  1. Yes, Atty. Alfredo Castillo engaged in gross immoral conduct. The Court agrees with the findings of the IBP that his actions constitute grossly immoral behavior as defined in jurisprudence. Despite being aware that he was already married, Atty. Castillo pursued an intimate relationship with the complainant and even fathered a child with her. His subsequent refusal to recognize and support the child further demonstrates his immoral conduct.

  2. Yes, Atty. Alfredo Castillo's actions adversely reflect on his fitness to practice law. By engaging in grossly immoral conduct, he has violated the provisions of the Code of Professional Responsibility. Atty. Castillo's actions have brought discredit to the legal profession and have shown a disregard for the integrity and dignity of the legal profession.

PRINCIPLES:

  • A lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct. (Rule 1.01, Code of Professional Responsibility)

  • A lawyer shall at all times uphold the integrity and dignity of the legal profession and support the activities of the Integrated Bar. (Canon 7, Code of Professional Responsibility)

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

  • Immoral conduct is defined as conduct that is so willful, flagrant, or shameless as to show indifference to the opinion of good and respectable members of the community. 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 scandalous or revolting circumstances. (Jurisprudence)