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The petition was filed by Zaguirre against Atty. Castillo for gross immoral conduct. Zaguirre and Castillo had a one year intimate relationship while Castillo was married. Castillo recognized a child born from the relationship as his own in an affidavit but later refused. The Court found Castillo guilty of violating the Code of Professional Responsibility for his immoral conduct and suspended him indefinitely from practicing law until he could prove moral integrity.
The petition was filed by Zaguirre against Atty. Castillo for gross immoral conduct. Zaguirre and Castillo had a one year intimate relationship while Castillo was married. Castillo recognized a child born from the relationship as his own in an affidavit but later refused. The Court found Castillo guilty of violating the Code of Professional Responsibility for his immoral conduct and suspended him indefinitely from practicing law until he could prove moral integrity.
The petition was filed by Zaguirre against Atty. Castillo for gross immoral conduct. Zaguirre and Castillo had a one year intimate relationship while Castillo was married. Castillo recognized a child born from the relationship as his own in an affidavit but later refused. The Court found Castillo guilty of violating the Code of Professional Responsibility for his immoral conduct and suspended him indefinitely from practicing law until he could prove moral integrity.
1. WON Castillo violated the Code? YES. The Court agrees with the findings of the IBP. Nature of Case: Petition for Disbarment Rule 7.03 A lawyer shall not engage in conduct that Petitioner: Carmelita Zaguirre adversely reflects on his fitness to practice law, nor should Respondent: Atty. Alfredo Castillo he, whether in public or private life, behave in a scandalous SUMMARY: Petition for Disbarment was filed by complainant Zaguirre manner to the discredit of the legal profession. against Atty. Castillo on the ground of Gross Immoral Conduct. Immoral conduct that conduct which is so willful, flagrant, or shameless as to show indifference to the opinion of good DOCTRINE: and respectable members of the community. Siring a child with a woman other than his wife is a conduct FACTS: way below the standards of morality required of every A Petition for Disbarment was filed by complainant Zaguirre lawyer. against Atty. Castillo on the ground of Gross Immoral Conduct. The attempt of the Castillo to renege on his notarized Complainant Zaguirre and Respondent Atty. Castillo were statement recognizing and undertaking to support his child officemates at NBI. by Carmelita demonstrates a certain unscrupulousness on Castillo courted her and promised to marry her while his part which is highly censurable, unbecoming a member representing himself to be single. of a noble profession, tantamount to self-stultification. They soon had an intimate relationship that lasted for a year It cannot be said that it is unknown to him than a applicant During the affair, Castillo was preparing for the Bar exams which for admission to membership in the bar must show that he he passed possesses good moral character a continuing requirement. Zaguirre eventually learned that Castillo was already married when his wife confronted her in her office. Zaguirre executed an affidavit, admitting his relationship with RULING: INDEFINITELY SUSPENDED until such time that respondent is Castillo and recognizing the unborn child she was carrying as able to show, to the full satisfaction of the Court that he had instilled in his. Zaguirre gave birth to Aletha Jessa. himself a firm conviction of maintaining moral integrity and Castillo started to refuse to recognize the child. uprightness required of every member of the profession. Castillo's defense: What transpired bet them was nothing but mutual lust and desire. Men, by nature, are polygamous. Zaguirre is 10 years older than him and she knew that he was NOTE: married. The child was not his because she was seeing other Rule 7.03 A lawyer shall not engage in conduct that adversely men at the time of their affair. He only executed the affidavit to reflects on his fitness to practice law, nor should he, whether in save her from embarrassment. public or private life, behave in a scandalous manner to the IBP Commission of Bar Discipline: Guilty of gross immoral discredit of the legal profession. conduct and recommends indefinite suspension.