A.C. No. 4921 - Zaguirre vs. Castillo

Complainant Carmelita I. Zaguirre filed a petition for the disbarment of Atty. Alfredo Castillo on the ground of gross immoral conduct.
The relationship between the parties began in 1996 when they became officemates at the National Bureau of Investigation (NBI).
Respondent allegedly courted the complainant and promised marriage while misrepresenting his marital status by claiming to be single, although he was already married.

The intimate relationship between the parties started in 1996 and continued until 1997.
During this period, respondent was preparing for the bar examinations and was admitted to the Philippine Bar on May 10, 1997.
Complainant discovered respondent’s true marital status around the first week of May 1997 when his wife confronted her at her office.
On September 10, 1997, respondent executed an affidavit wherein he admitted to the relationship and acknowledged that the unborn child of the complainant was his.
On December 09, 1997, the complainant gave birth to a baby girl, Aletha Jessa, after which respondent began to refuse recognition and support for the child.

Respondent denied having courted the complainant and asserted that what transpired was merely a mutual expression of lust and desire.
He claimed that it was common knowledge in the NBI that he was married and that the complainant, who was almost 10 years older, was aware of his marital status.
Further, respondent denied the paternity of the child by alleging that the complainant was involved with other men at the time.
Although he signed the notarized affidavit recognizing the child, he later characterized the act as an effort to save the complainant from embarrassment rather than an acknowledgment of paternity.
A handwritten letter dated March 12, 1998, was presented which further illustrated his reluctance to commit to a fixed amount for monthly support, mentioning a support figure between ₱500 and ₱1,000.

Following due hearing, the IBP Commission on Bar Discipline found respondent guilty of gross immoral conduct.
The Commission recommended that he be penalized with an indefinite suspension from the practice of law.
The Court’s findings were in line with the IBP’s conclusions, especially in light of the relevant provisions of the Code of Professional Responsibility, including Rule 1.01, Canon 7, and Rule 7.03.

The existence of the relationship with his officemate.
The pending pregnancy and his voluntary recognition of the child.
His undertaking to support the child’s personal, educational, and medical needs.

His handwritten letter further displayed a nonchalant and evasive attitude toward his obligations.
The record further recounts that after the incident, respondent severed ties with the complainant and resumed living with his wife and children in Mindoro.

Whether respondent’s conduct of engaging in an extramarital affair while representing himself as single constitutes moral and ethical misconduct.
Whether his failure to honor the affidavit of acknowledgment and support for his child further aggravates his conduct.

Whether the private conduct of a lawyer, particularly one that adversely affects the reputation of the profession, justifies disciplinary action.
Whether the respondent’s personal behavior reflects a disregard for the high moral standards expected of members of the bar.

Whether disbarment is warranted or if a lesser penalty, such as indefinite suspension, is sufficient under the circumstances.
Whether the concept of in pari delicto (mutual fault or shared wrongdoing) applies in disbarment proceedings when the complainant herself was involved.