Carmelita
I. Zaguirre vs. Atty. Alfredo Castillo
A.C.
No. 4921. March 6, 2003.
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.
Issue:
Whether or not Atty. Alfredo Castillo is guilty of gross
immoral conduct, making him punishable of Indefinite Suspension.
Held:
Yes. The Supreme Court ruled that the
respondent, Atty. Alfredo Castillo, is guilty of gross immoral conduct and
should be punished with the penalty of Indefinite Suspension. 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.
This Court has
repeatedly held: "as officers of the court, lawyers must not only in fact
be of good moral character but must also be seen to be of good moral character
and leading lives in accordance with the highest moral standards of the
community. More specifically, a member of the Bar and officer of the court is
not only required to refrain from adulterous relationships or the keeping of
mistresses but must also so behave himself as to avoid scandalizing the public
by creating the belief that he is flouting those moral standards." While
respondent does not deny having an extra-marital affair with complainant he
seeks understanding from the Court, pointing out that "men by nature are
polygamous," and that what happened between them was "nothing but
mutual lust and desire." The Court is not convinced. In fact, it is
appalled at the reprehensible, amoral attitude of the respondent.
The Court found that Castillo’s show of repentance and
active service to the community is a just and reasonable ground to convert the
original penalty of indefinite suspension to a definite suspension of two
years. Furthermore, the Court noted that Zaguirre’s further claim for the
support of her child should be addressed to the proper court in a proper case.
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