AC 6396; (October, 2005) (Digest)
G.R. No. A.C. No. 6396. October 25, 2005
Rosalie Dallong-Galicinao, Complainant, vs. Atty. Virgil R. Castro, Respondent.
FACTS
Complainant Rosalie Dallong-Galicinao is the Clerk of Court of the RTC of Bambang, Nueva Vizcaya. On May 5, 2003, respondent Atty. Virgil R. Castro, a private practitioner and IBP Chapter Vice-President, went to her office to inquire about the transmittal of records for a civil case where he was not counsel of record. Complainant informed him that a certified true copy of the Court of Appeals decision was required first. Respondent reacted scornfully, questioning the requirement. The exchange grew heated, with respondent insisting the office should have notified him, which complainant correctly stated was not their duty.
Respondent, angered, left the office while loudly banging the door. He returned minutes later, pointed his finger at complainant, and shouted vulgar invectives in Ilocano, including “Ukinnan” (Vulva of your mother) and “Ukinnam nga babai!” (Vulva of your mother, you woman!). This outburst occurred in front of complainant’s staff, causing her acute embarrassment and distress. The incident was supported by affidavits from witnesses.
ISSUE
Whether respondent Atty. Castro’s conduct, involving the use of vulgar language and disrespectful behavior toward a Clerk of Court, constitutes a violation of the Code of Professional Responsibility warranting disciplinary action.
RULING
Yes, respondent is guilty of misconduct. The Supreme Court emphasized that a lawyer’s duty to uphold the dignity of the legal profession extends to all interactions, including with court personnel. Canon 7 and Rule 7.03 of the Code of Professional Responsibility mandate that a lawyer shall not engage in conduct that adversely reflects on fitness to practice law. Canon 8 requires courtesy toward professional colleagues, which encompasses court officials like the Clerk of Court.
The Court rejected the Investigating Commissioner’s mere reprimand as too lenient, noting the gravity of using vulgar and offensive language in a court office. Such behavior undermines the administration of justice and tarnishes the integrity of the legal profession. The act of shouting invectives, especially in Ilocano, constituted scandalous conduct that discredited the bar. While respondent later apologized, this did not mitigate the violation’s seriousness, as the imperative to maintain decorum is non-negotiable. The Court imposed a fine of Ten Thousand Pesos (β±10,000.00) with a stern warning that a repetition would be dealt with more severely, affirming that a lawyer’s esteem is earned through honorable conduct in all professional duties.
