Zaguirre vs.

Castillo
Digest by ENZO
FACTS
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Carmelita ZAGUIRRE and Alfredo CASTILLO were officemates in the NBI.

Castillo represented himself to be single and courted Zaguirre. Eventually
they had a relationship
o NOTE: during this time he was preparing for the bar/waiting for the
results of the bar exam to come out
Castillo passed the bar; hence, he is now a lawyer. Weeks later, his wife went
to their office and confronted Zaguirre about their relationship
In an affidavit, Castillo admitted relationship with Zaguirre and recognized
that the unborn child Zaguirre was carrying was his.
o When Zaguirre gave birth however, he denied the child and refused to
give Zaguirre support.
Castillo then said no courtship happened; what transpired between them was
mutual lust and desire. He also said he never claimed being single because
the NBI knew of his marriage. He also said Zaguirres child was not his
because she was seeing other guys too
o He said his reason for signing the affidavit above was to save Zaguirre
from embarrassment. Also, he said he did not know she was seeing
other men (isnt he contradicting himself?)
The IBP Commission on Bar Discipline recommended INDEFINITE SUSPENSION
for Grossly Immoral Conduct, violating Rule 1.01 and 7.03.

ISSUE: W/N he should be suspended

HELD/RATIO: YES.
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The SC based their decision on 1.01 and 7.03

SC also considered the affidavit he signed where he made admissions
There was also a handwritten letter:
o Ayoko ng umabot tayo sa kung saan-saan pa. All your officemates,
e.g., Ate Ging, Glo, Guy and others (say) that I am the look like(sic) of
your daughter. Heres my bargain. I will help you in supporting your
daughter, but I cannot promise fix amount for monthly support of your
daughter. However it shall not be less than P500 but not more than
P1,000.
SC said siring a child with a woman other than his wife is CONDUCT BELOW
STANDARDS
In his defense, Castillo said that men by nature are polygamous. The Court is
not convinced. In fact, it is appalled at the reprehensible, amoral attitude of
the respondent. (I too, am appalled at his statement!!)
Assuming Zaguirre knew of his existing marriage, it still does not absolve
him. His act was still grossly immoral.

His illicit relations with Zaguirre began when he was not yet a lawyer. The SC
said that good conduct must be retained even after BECOMING a lawyer.
**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.

RULING: Indefinite suspension, until he has shown firm conviction of

maintaining moral integrity and uprightness required of every lawyer.