EN BANC
[A.C. No. 4921 : August 03, 2005]
CARMELITA I. ZAGUIRRE, Complainant, v. ATTY. ALFREDO CASTILLO, Respondent.
DISSENTING OPINION
YNARES-SANTIAGO, J.:
For resolution is the Plea for Reconsideration1 filed by Atty. Alfredo A. Castillo of the March 6, 2003 Decision2 finding him guilty of Gross Immoral Conduct and suspending him indefinitely from the practice of law.
Atty. Castillo claimed that for the past years, he received commendations for exemplary performance and contributions to public service and that he and his wife have been active in church. His employment as Assistant Provincial Prosecutor of Occidental Mindoro is their only source of income and suspending him from the practice of law would affect his children. He insisted that the Court consider the sanctity of the family in imposing the penalty.
The IBP however prayed that the plea for reconsideration be denied because he had not really mended his ways since he continues and still fails to recognize and support his child.3
The Office of the Provincial Prosecutor of Occidental Mindoro informed this Court that Atty. Castillo continued to discharge his functions and had been regularly receiving his salary and other benefits despite being indefinitely suspended. According to Atty. Castillo, his indefinite suspension is not yet final in view of the pending motion for reconsideration.
The majority would grant Atty. Castillo's plea for reconsideration and reduce his penalty to two (2) years suspension in view of respondent's 'show of repentance and active service to the community.
With due respect, I beg to disagree.
In the March 6, 2003 Decision, the Court indefinitely suspended Atty. Castillo based on its finding that he was grossly immoral. He was also found to be unscrupulous because, after executing a notarized affidavit wherein he recognized and undertook to give support to his child with Zaguirre, and his incriminating handwritten letter where he bargained with Zaguirre concerning the monthly support of the child,4 he subsequently denied his paternity and reneged on his promise to give support. The Court was appalled at the reprehensible and amoral attitude of Atty. Castillo when he justified his liaison with Zaguirre as merely the product of man's polygamous nature.
The Court suspended Atty. Castillo until such time that he is able to show, to the full satisfaction of the Court, that he had instilled in himself a firm conviction of maintaining moral integrity and uprightness required of every member of the profession.
I agree with the IBP's finding that Atty. Castillo has not mended his ways because he continues and still fails to recognize and support his child with complainant. He has not shown remorse for having maintained an affair with Zaguirre and fathering her child.
Admittedly, he received commendations for his exemplary performance and contributions to public service. Unlike the majority though, I hesitate to conclude that these commendations adequately proved respondent's repentance. Aside from the self-serving statement that 'he has mended his ways and suffered so much because of the embarrassment, ridicules and dislikes brought about by this event, especially to his family', 5 there is absolutely no proof of respondent's remorse. Besides, a lawyer must not only be exemplary in his public life, but equally important, he must also be morally upright in his personal life.
I am distressed to note that in the pleadings submitted by respondent and his wife, they make it appear that they are the aggrieved party. Thus, they claimed that if we 'prolong these agonies, it will not only add anguish and anxiety but also physical economic hardship upon the respondent and indirectly to his family which they already suffered and still suffering.6 ςrνll
It must be emphasized that to this date, respondent has not yet served his penalty. Aside from a short leave of absence, he continued to practice his profession and regularly received his salary and other benefits. So what economic hardship is he talking about?chanroblesvirtualawlibrary
As early as August 28, 2003, respondent admitted that acknowledging complainant's daughter and giving support remain his undertakings. He even volunteered to comply unconditionally if they are the required proofs of his remorse.7 He professed that he did not disown his responsibility to give support.
If, indeed, respondent was so remorseful and willing to comply unconditionally with his own undertaking, why then did he wait until after the lapse of one (1) year and seven (7) months before attempting to give support to complainant's daughter. It was only on March 31, 2005, that respondent furnished us with photocopies of ten (10) postdated checks payable to Zaguirre at P2,000.00 each.8 He failed to mention or offer a concrete or permanent settlement.
In his Plea for Reconsideration, Atty. Castillo also claims that:
The respondent is now living in peace and happiness with his family. The darkness of the past has been buried beneath the earth a long time ago.9
I am perplexed how Atty. Castillo can claim that he is now 'living in peace and happiness with his family while complainant Zaguirre and her daughter are encountering hardships brought about by his non-support.
It is also revolting and ridiculous for respondent to remind this Court in his Plea for Reconsideration, that suspending him from the practice of law would affect his children and that we should consider the sanctity of the family in imposing the penalty. It must be mentioned, lest respondent has forgotten, that he was the one who undermined the sanctity of marriage and family when he maintained an illicit affair with another woman during the subsistence of his marriage. Respondent invokes the sanctity of marriage, yet his acts prove otherwise.10 The moral delinquency that affect the fitness of a member of the bar to continue as such includes conduct that outrages the generally accepted moral standards of the community, conduct for instance, which makes a mockery of the inviolable social institution of marriage.11 ςrνll
Initially, the Court suspended Atty. Castillo until such time that he is able to show, to the full satisfaction of the Court, that he had instilled in himself a firm conviction of maintaining moral integrity and uprightness required of every member of the profession. To date, I find no evidence of remorse or sincere repentance of respondent. There is a dearth of evidence that he has instilled in himself a firm conviction of maintaining moral integrity and uprightness required of every member of the legal profession.
As held in Delos Reyes v. Aznar :12
It is the duty of a lawyer, whenever his moral character is put in issue, to satisfy this Court that he is a fit and proper person to enjoy continued membership in the Bar. He cannot dispense with nor downgrade the high and exacting moral standards of the law profession (Go v. Candoy, 21 SCRA 439 [1967]). As once pronounced by the Court:
When his integrity is challenged by evidence, it is not enough that he denies the charges against him; he must meet the issue and overcome the evidence for the relator (Legal and Judicial Ethics, by Malcolm, p. 93) and show proofs that he still maintains the highest degree of morality and integrity, which at all times is expected of him. xxx In the case of United States v. Tria, 17 Phil. 303, Justice Moreland, speaking for the Court, said:
An accused person sometimes owes a duty to himself if not to the State. If he does not perform that duty he may not always expect the State to perform it for him. If he fails to meet the obligation which he owes to himself, when to meet it is the easiest of easy things, he is hardy indeed if he demand and expect that same full and wide consideration which the State voluntarily gives to those who by reasonable effort seek to help themselves. This is particularly so when he not only declines to help himself but actively conceals from the State the very means by which it may assist him (Quingwa v. Puno, 19 SCRA 439 [1967]).
ACCORDINGLY, I vote to deny Atty. Alfredo A. Castillo's Plea for Reconsideration. His INDEFINITE SUSPENSION must now immediately take effect.
1 Rollo, pp. 154-159.
2 Id. at 135-144.
3 Id. at 184-185.
4 The letter dated March 12, 1998 reads in part:
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 alike (sic) of your daughter.
Here's 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 P1,000.00.
5 Rollo p. 158.
6 Id.
7 Id. at 183.
8 Id. at 231.
9 Id. at 158.
10 Narag v. Atty. Narag, 353 Phil. 643, 663 [1998].
11 Id.
12 Adm. Case No. 1334, 28 November 1989, 179 SCRA 653, 658-659.
