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
Castillos 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 Castillos 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 Zaguirres further claim for
the support of her child should be addressed to the proper court in a proper case.