Case Digest: Carmelita I. Zaguirre vs. Atty. Alfredo Castillo

03 August 2005    Per Curiam

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 Castillo’s 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 and should be punished with the penalty of Indefinite Suspension.

HELD:

The Court found that Castillo’s 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 Zaguirre’s further claim for the support of her child should be addressed to the proper court in a proper case.