Date October 25,
Case Title Dallong-Galicinao v. Castro 2005
Ponente Tinga, J. A.C. 6396
Doctrine
Members of the Bar must, at all times, conform themselves in a manner befitting their
noble profession. The Code of Professional Responsibility demands that lawyers
conduct themselves with courtesy, fairness, and candor toward their fellow lawyers.
Lawyers must act honorably, fairly, and candidly towards each other and otherwise
conduct themselves without reproach at all times.
Facts
Atty. Virgil Castro was a private practitioner and Vice President of the Integrated Bar
of the Philippines (IBP) Nueva Vizcaya Chapter, while Atty. Rosalie Dallong-Galicinao
is the Clerk of Court in the Regional Trial Court of Bambang, Nueva Vizcaya.
Rosalie informed Castro that the record had not yet been transmitted, since a
Certified True Copy of the Decision of the Court of Appeals should first be presented
to serve as basis for the transmittal of the records to the court of origin. Castro
responded scornfully, saying “Who will certify the Court of Appeals’ Decision? The
Court of Appeals? You mean to say, I would still have to go to Manila to get a
Certified True Copy?” When Rosalie tried to explain that it was in the Rules, Castro
replied, “Then you should have notified me of the requirements. That was 2 weeks
ago and I have been frequenting your office since then, but you never bothered to
notify me.” Rosalie explained that it is not her duty to inform Castro of the said
requirement.
After a few more exchanges, Castro angrily left the room and slammed the door on
his way out. He returned to the office minutes later, still enraged, and pointed his
finger at Rosalie, shouting “Vulva of your mother! If you are harboring ill feelings
against my client, do not turn your ire on me!” (in a different dialect).
Rosalie suffered acute embarrassment because of the incident, and Castro made a
scene while all of Rosalie’s staff were there. She felt that her credibility had been
tarnished and diminished.
Thereafter, Rosalie filed an administrative complaint before the IBP Commission on
Bar Discipline (CBD) against Castro, but thereafter decided to no longer appear to the
hearing for the complaint, since Castro subsequently gave a public apology.
Nonetheless, the IBP-CBD pushed through with the case.
ASL♕
IBP-CBD Ruling
The IBP-CBD found Castro to be in violation of the following Canons of the Code of
Professional Responsibility:
• Rule 7.03: “A lawyer shall not engage in conduct that adversely refects on his
fitness to practice law, nor shall he, whether in public or private life, behave in
a scandalous manner to discredit the legal profession.”
• Canon 8: “A lawyer shall conduct himself with courtesy, fairness, and candor
toward his professional colleagues, and shall avoid harassing tactics against
opposing counsel.”
• Rule 8.01: “A lawyer shall not, in his professional dealings, use language
which is abusive, offensive, or otherwise improper.”
• Rule 8.02: “A lawyer shall not, directly or indirectly, encroach upon the
professional employment of another lawyer…”
Issue(s)
Should Castro be dealt with more severely for his improper behavior towards the
Clerk of Court?
Supreme Court Ruling
No. He had already given a public apology. The Court decided to fine Castro in the
amount of 10,000 PHP with a warning that any similar infraction in the future shall be
dealt with more severely. The Court did not agree with the Investigating
Commissioner’s recommendation for a more severe penalty.
It was emphasized by the Court that mmbers of the Bar must, at all times, conform
themselves in a manner befitting their noble profession. The Code of Professional
Responsibility demands that lawyers conduct themselves with courtesy, fairness, and
candor toward their fellow lawyers. Lawyers must act honorably, fairly, and candidly
towards each other and otherwise conduct themselves without reproach at all times.
The highest reward that can be bestowed on lawyers is the esteem of their brethren.
This esteem cannot be purchased, perfunctorily created, or gained by artifice or
contrivance. It emanates solely from integrity, character, brains, and skills in the
honorable performance of professional duty.
ASL♕
