Dallong-Galicinao v. Castro (2005) | A.C. No. 6396 | E.

Ornelas

SUMMARY:

This case involves a lawyer who lost his temper and unleashed improper and embarrassing remarks
to another fellow officer of the court. He violated:

“Canon 8: A lawyer shall conduct himself with courtesy, fairness and candor toward his professional
colleagues, and shall avoid harassing tactics against opposing counsel.”

He’s mean.

IMPORTANT PEEPS:

Atty Virgil R. Castro – Lawyer that likes to insult women and has a short temper

Atty. Rosalie Dallong-Galicinao – a Clerk of Court for the RTC of Bambang.

FACTS:

1. Complainant, Galicinao files an administrative case against Castro for unprofessional conduct
after hurling offensive, degrading and embarrassing remarks at her.

2. Respondent, Castro has been constantly asking whether the complete records of ‘Civil Case No.
784, Sps. Crispino Castillano v. Sps. Fedrico S. Castillano and Felicidad Aberin’ had already been
remanded to the court of origin. BUT Castro is not either of the councils in the cases.

3. Upon Castro inquiring once again on these cases. Galicinao told him that the records of the cases
has not yet been transmitted because a true copy of the decision of the CA should first be
presented to serve as basis for the transmittal which Castro was unaware of.

4. A heated dialogue began after this as Castro hurled several marks at Galicinao such as:
 Ukinnan, no adda ti unget mo iti kilientek haan mo nga ibales kaniak ah! (Vulva of your
mother! If you are harboring ill feelings against my client, don’t turn your ire on me!)
 Ukinnam nga babai! (Vulva of your mother, you woman!)

5. Such remarks left Galicanao devastated and embarrassed. Three days after, the complaint
affidavit was sent with supporting statements from the employees who stood witness.

6. Castro claimed that he was a counsel in the Civil Case he was inquiring about. He learned of the
finality of the decision and went to the office of the clerk to request for the transmittal of records.
 7. A hearing was set on September 25 but only Galicinao showed up. Apparently, Castro was unable
to attend because of physical injuries he received from gunfire when he was driving his car.

8. He eventually apologized for his rude and foul language against Galicinao but the court still
decided on what punishment would be best for him.

ISSUE + RULING:

What violations did Atty. Castro commit from the incident that transpired?

1. Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional
employment of another lawyer, however, it is the right of any lawyer, without fear or favor,
to give proper advice and assistance to those seeking relief against unfaithful or neglectful
counsel.
 He encroached on upon the legal functions of the counsel of record of that case by
constantly checking the transmittal of the records on Civil Case No. 784. It doesn’t matter
if it was in good faith.

2. Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to
practice law, nor shall he whether in public or private life, behave in a scandalous manner to
the discredit of the legal profession.

3. Canon 8 – A lawyer shall conduct himself with courtesty, fairness and candor towards his
professional colleagues, and shall avoid harassing tactics against opposing counsel.
 It should also be noted that hehas done certains actions such as this before to other
lawyers who did not file cases against him but are well known.

4. Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is abusive,
offensive or otherwise improper.
 He also acted rudely towards an officer the court in front of her subordinates, utterly
humiliating her.

DISPOSITION: Respondent is hereby FINED in the amount of TEN THOUSAND (P10,000.00) PESOS with a
warning that any similar infraction with be dealt with more severely.