Topic: Rule 7.

03 - A lawyer shall not engage in conduct that adversely reflects on his

fitness to practice law, nor shall he whether in public or private life, behave in a
scandalous manner to the discredit of the legal profession.

Zaguirre v. Castillo, A.C. 4921, March 6, 2003, 398 SCRA 659 (2003)

Facts:

Carmelita Zaguirre filed a complaint against Atty. Alfredo Castillo of gross immoral
conduct and imposed upon him the penalty of indefinite suspension. 

Atty. Castillo, a married man, had an affair with Zaguirre which resulted in conceiving
a child, upon the birth of the baby, he refused to recognise the child and from giving
her any support. 

Atty. Castillo appealed and asked for compassion and forgiveness from this Court,
where he submitted certificates from government and civic organisations appreciating
his services as lawyer, good moral character, and certificate of attendance from
religious groups. 

However, Zaguirre avers that the motion for reconsideration be denied until Atty.
Castillo admits paternity of the child and agrees to support her. 

Atty. Castillo reiterated his willingness to support the child if only to show his
remorse, and he attached a photocopy of post dated checks addressed the Zaguirre. 

Issue: Whether or not Atty. Castillo is guilty of violating Rule 7.02 of the Code of
Professional Responsibility. 

Ruling:

Yes. 

Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness
to practice law, nor shall he whether in public or private life, behave in a scandalous
manner to the discredit of the legal profession.

In the case at bar, Atty. Castillo was supposed to deliver child support to Zaguirre,
however, he did not make good of his promise and failed to support the complainant.
However, because of the complaint of denying his motion for reconsideration for still
not complying with his paternal obligation, he then started to give financial support. 

Therefore, Atty. Castillo is guilty in violation of Rule 7.02 of the Code of Professional
Responsibility on the grounds of not complying to his promise to deliver financial
support to Zaguirre. Further, his actuations of having an illicit affair with Zaguirre
while being married to his wife constitute the breach of the Rule 7.03, or reflects on
his fitness to practice law.  
Hence, Atty. Castillo is suspended to practice law for two (2) years.