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    Zaguirre Vs Castillo

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    Lu Cas
    Zaguirre Vs Castillo is a case regarding an attorney, Respondent, who had an extramarital affair with Petitioner while working together at the NBI. Respondent had promised to marry Petitioner while representing himself as single, but Petitioner later discovered Respondent was already married. Respondent acknowledged paternity of Petitioner's child in an affidavit but later denied it. The IBP Commission on Bar Discipline found Respondent guilty of gross immoral conduct for his actions. The Supreme Court upheld this finding, noting Respondent's conduct violated the standards of morality required of lawyers. While Respondent did not deny the affair, the Court was not convinced by his justification that "men are polygamous by nature." Respondent was suspended indefinitely from practicing law

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    Zaguirre Vs Castillo

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    Lu Cas
    189 views2 pages
    Zaguirre Vs Castillo is a case regarding an attorney, Respondent, who had an extramarital affair with Petitioner while working together at the NBI. Respondent had promised to marry Petitioner while representing himself as single, but Petitioner later discovered Respondent was already married. Respondent acknowledged paternity of Petitioner's child in an affidavit but later denied it. The IBP Commission on Bar Discipline found Respondent guilty of gross immoral conduct for his actions. The Supreme Court upheld this finding, noting Respondent's conduct violated the standards of morality required of lawyers. While Respondent did not deny the affair, the Court was not convinced by his justification that "men are polygamous by nature." Respondent was suspended indefinitely from practicing law

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    Zaguirre Vs Castillo is a case regarding an attorney, Respondent, who had an extramarital affair with Petitioner while working together at the NBI. Respondent had promised to marry Petitioner while representing himself as single, but Petitioner later discovered Respondent was already married. Respondent acknowledged paternity of Petitioner's child in an affidavit but later denied it. The IBP Commission on Bar Discipline found Respondent guilty of gross immoral conduct for his actions. The Supreme Court upheld this finding, noting Respondent's conduct violated the standards of morality required of lawyers. While Respondent did not deny the affair, the Court was not convinced by his justification that "men are polygamous by nature." Respondent was suspended indefinitely from practicing law

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    189 views2 pages

    Zaguirre Vs Castillo

    Uploaded by

    Lu Cas
    Zaguirre Vs Castillo is a case regarding an attorney, Respondent, who had an extramarital affair with Petitioner while working together at the NBI. Respondent had promised to marry Petitioner while representing himself as single, but Petitioner later discovered Respondent was already married. Respondent acknowledged paternity of Petitioner's child in an affidavit but later denied it. The IBP Commission on Bar Discipline found Respondent guilty of gross immoral conduct for his actions. The Supreme Court upheld this finding, noting Respondent's conduct violated the standards of morality required of lawyers. While Respondent did not deny the affair, the Court was not convinced by his justification that "men are polygamous by nature." Respondent was suspended indefinitely from practicing law

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Zaguirre Vs Castillo

    Facts:
    Petitioner and respondent met while working in the NBI, the latter had been courting the
    former and had promised to marry her while representing himself to be single.Eventually, the
    two had an affair sometime around 1996 and 1997. During that time, respondent was preparing
    for his bar examinations, which he passed. On May 10, 1997, respondent was admitted to the
    Philippine Bar and it was also around the first week of May that petitioner kne w about
    respondent‘s marriage when she was confronted by the wife of the respondent.

    On Sept 10, 1997 respondent issued an affidavit admitting his relationship with the petitioner
    and that he is the father of her unborn child. Upon petitioner‘s giving birth however,
    respondent started to deny the paternity of the child and refused to give any support to the
    child. Respondent claims that he never courted petitioner and that their affair was only mutual
    lust. He likewise denied having represented himself as single as he was known as a married man
    with children while working in the NBI. As to the paternity of the child, he denied being the
    father since petitioner allegedly was seeing other men during that time. He also avers that he
    signed the said affidavit only to save the petitioner from embarrassment.

    After due hearing, the IBP Commission on Bar Discipline found Atty. Alfredo 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, respondent has committed gross immoral conduct?

    Ruling:
    Yes. Respondent‘s actions amount to gross immoral conduct.

    The Code of Professional Responsibility provides:

    ―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 held that siring a child with a woman other than his wife is a conduct way below the
    standards of morality required of every lawyer. Moreover, his denial of the affidavit earlier
    executed by him shows a conduct, which is highly censurable and unbecoming of a member of
    the Bar. While respondent does not deny having an extra-marital affair with complainant, he
    seeks understanding from the Court, pointing out that ―men by nature are polygamous,‖ and
    that what happened between them was ―nothing but mutual lust and desire.‖ The Court was
    not convinced and in fact, it is appalled at the reprehensible, amoral attitude of the respondent.
    His illicit relationship with the respondent was prior to his admission to the bar and it would be
    impossible for respondent not to know that he is required to have good moral character, and
    that the same is not only a condition precedent to admission but also a continuing requirement.
    Respondent repeatedly engaged in sexual congress with a woman not his wife and now refuses
    to recognize and support a child whom he previously recognized and promised to support.
    Therefore, respondent violated the standards of morality required of the legal profession and
    should be disciplined accordingly. However, as held by the Court, disbarment shall not be
    meted out if a lesser penalty could be given. Thus, herein respondent was held GUILTY of Gross
    Immoral Conduct and suspended indefinitely from the practice of law.

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