Zaguirre v.

Castillo
398 SCRA 658

FACTS: Respondent Atty. Alfredo Castillo, who was already married with three children,
had an affair with the complainant Carmelita I. Zaguirre, while he was reviewing for the bar
until before the release of the results thereof. The complainant got pregnant and the
respondent, who was then already a lawyer, executed a notarized affidavit acknowledging
the child as his with a promise to support said child. Upon the birth of the child, however, the
respondent started to refuse to recognize the child and from giving her any form of support.
The Court found him guilty of Gross Immoral Conduct and imposed upon him the penalty of
indefinite suspension. 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 the penalty imposed is proper.

RULING: YES. Respondent violated Rule 1.01 of the Code of Professional Responsibility
stating that a lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct.
Siring a child with a woman other than his wife is an act that is way below the standards of
morality required of every lawyer. Moreover, the attempt of the respondent to renege on his
notarized statement recognizing and undertaking to support his child by Zaguirre
demonstrates a certain unscrupulousness on his part which is highly censurable,
unbecoming a member of a noble profession, tantamount to self-stultification.
The rule is settled that a lawyer may be suspended or disbarred for any misconduct,
even if it pertains to his private activities, as long as it shows him to be wanting in moral
character, honesty, probity, or good demeanor.