SISON, YOLANDA C.

2014-0108

CARMELITA ZAGUIRRE v. ATTY. ALFREDO CASTILLO

3 AUGUST 2005, EN BANC

FACTS

Respondent, a married man, had an affair with the complainant while he was reviewing for the
bar until the release of the results thereof. Complainant got pregnant and respondent, who was
already a lawyer then, allegedly executed a notarized affidavit acknowledging the child as his
and with a promise to support said child, however, respondent started to refuse recognizing the
child and giving her any form of support.

The court found respondent guilty of Gross Immoral Conduct and a corresponding penalty of
Indefinite Suspension. The latter presented certificates proving his services as a good lawyer and
his good moral character, in addition, his wife even submitted a handwritten letter stating the
amicability of the latter as a husband and father to their three children, she averred that the said
affair had long ago ended and were already settled. To further proved his willingness to support
the said child, the respondent attached a photocopy of the post dated checks with the amount of
P2,000.00 each issued under the name of the complainant for the months of March to December
2005, more than a year subsequent to the original decision of the Court.

Also, the respondent showed active service to community through continuously discharging his
duties and receiving his salary at the Office of the Provincial Prosecutor of Occidental Mindoro,
despite his pending case. He further averred that he may continue rendering his services since the
case has not yet attained finality.

ISSUE

Whether the respondent is guilty of Gross Immoral Conduct and should be punished with the
penalty of Indefinite Suspension?

HELD

The court found that the respondent’s show of repentance and active service to the community,
the Court deems it just and reasonable to convert the penalty of Indefinite Suspension to a
definite period of two years suspension.