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[A.C. No. 4921. February 8, 2005]

ZAGUIRRE vs. CASTILLO

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 8 2005 .

Administrative Case No. 4921 (Carmelita I. Zaguirre vs. Atty. Alfredo Castillo.)

Before us is the Compliance/Comment of Atty. Ariel M. Los Ba�os to our Resolution dated December 14, 2004 requiring him to show cause why he should not be disciplinarily dealt with or held in contempt for failure to file comment on the letter of Livelyn Castillo, wife of the respondent as required in the Resolution of September 23, 2003 which was re-sent per Resolution dated March 23, 2004 and to comply with the requirement to file a comment, both within 10 days from notice of the said resolution.

We find the explanation of Atty. Los Ba�os unsatisfactory.

Atty. Los Ba�os avers that he was not able to comply with the aforesaid resolution because he was hospitalized at the Philippine General Hospital for a serious heart ailment in June 2004 which affected his memory and that on November 23, 2004, he had a heart attack and was again hospitalized at the University of Santo Tomas.

However, the records show that Atty. Los Ba�os received the Resolution dated March 23, 2004 on May 12, 2004. It is clear then that he should have filed the required comment on or before May 22, 2004. There is no notarized medical certificate that Atty. Los Ba�os had suffered his alleged heart ailments before or during that period.

Accordingly, Atty. Ariel M. Los Ba�os is FINED the amount of P2,000.00.

Respondent is required to file his reply to the comment filed by Atty. Los Ba�os that:

. . . respondent has not taken move to repair the damage done to the complainant and their child. Respondent has not given any financial support at least to her (sic) daughter by Carmelita Zaguirre.

within ten (10) days from notice hereof.

Very truly yours,

LUZVIMINDA D. PUNO
Clerk of Court

By:

(Sgd.) MA. LUISA D. VILLARAMA

Assistant Clerk of Court

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