CARMELITA I. ZAGUIRRE vs. ATTY.

ALFREDO CASTILLO

FACTS:

Complainant and respondent had their illicit relationship while the

latter was preparing to take the bar examinations. After the admission of the
respondent to the Philippine Bar, complainant learned that he was already married.
Respondent, who by now is a lawyer, executed an affidavit, admitting his
relationship with the complainant and recognizing the unborn child she was carrying
as his. After the birth of the baby, however, respondent had started to refuse
recognizing the child and giving her any form of support. After due hearing, the
IBP Commission on Bar Discipline found Atty. Castillo guilty of gross immoral
conduct and recommends that he be meted the penalty of indefinite suspension from
the practice of law.

ISSUE: Whether or not the penalty imposed is proper.

RULING. The Ruling of the Court is Affirmative. Respondent violated Rule 1.01 of
the Code of Professional Responsibility; Canon 7 and Rule 7.03 of the same Code.
"Rule 1.01 — A lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct."

"CANON 7 — A lawyer shall at all times uphold the integrity and dignity of the
legal profession, and support the activities of the Integrated Bar."
"Rule 7.03 — A lawyer shall not engage in conduct that adversely reflects on his
fitness to practice law, nor should he, whether in public or private life, behave
in a scandalous manner to the discredit of the legal profession."

The Court said that disbarment shall not be meted out or resolved if a lesser
punishment could be given. Records show that from the time he took his oath in
1997, he has severed his ties with complainant and now lives with his wife and
children in Mindoro. As of now, the Court does not perceive this fact as an
indication of respondent's effort to mend his ways or that he recognizes the impact
of his offense on the noble profession of law. Nevertheless, the Court deems it
more appropriate under the circumstances that indefinite suspension should be meted
out than disbarment. The suspension shall last until such time that respondent is
able to show, to the full satisfaction of the Court, that he has instilled in
himself a firm conviction of maintaining moral integrity and uprightness required
of every member of the profession.

ACCORDINGLY, in view of the foregoing, the Court finds respondent GUILTY of Gross
Immoral Conduct and ordered to suffer INDEFINITE SUSPENSION from the practice of
law.