Valdez vs. Atty Dabon

A.C. No. 7353

NELSON P. VALDEZ, Complainant, vs. ATTY. ANTOLIN ALLYSON

DABON, JR., Respondent.

Promulgated: November 16, 2015

Complainant Nelson charged respondent Atty. Dabon, a Division Clerk of Court of the Court of Appeals (CA), with gross immorality for allegedly carrying on an adulterous relationship with his wife, Sonia Romero Valdez (Sonia), which was made possible by sexual assaults and maintained through threat and intimidation.

Nelson Averred that he married Sonia on January 28, 1998 in Paniqui, Tarlac; that Sonia was employed as Court Stenographer of the CA from 1992 until her resignation on May 15, 2006;2 that Sonia admitted to have had an adulterous and immoral relationship with Atty. Dabon, from 2000 to 2006, a span of more than five years; that he came to know of the relationship only on April 18, 2006 after receiving an anonymous text message hinting/stating about the existence of an illicit affair between the two; and that initially, Sonia denied the affair but eventually broke down and admitted her sexual liaison with Atty. Dabon when confronted with a text message he received from Atty. Jocelyn Dabon (Atty. Joy), the wife of the respondent.

Nelson also asserted that Sonia confessed her infidelity and described her extramarital affair with Atty. Dabon to have been attended by sexual assaults and maintained through intimidation and threats of exposure, humiliation and embarrassment.

Sonia narrated that her illicit relationship with Atty. Dabon started sometime in November 2000 and ended in March 2006 when she, bothered by her conscience, decided to break it off; that Atty. Dabon relentlessly pursued her for years and even admitted that he fell in love with her the first time he laid eyes on her; that on November 13, 2000, Atty. Dabon lured her to what appeared to be a mere friendly lunch date, managed to put sleep-inducing drug into her food or drink causing her to feel drowsy and weak and, thereafter, brought her to Victoria Court Motel where he sexually molested her while she was asleep; that she opted to keep silent about the incident for fear of its adverse repercussions of shame and embarrassment to her and her family; that she pleaded with Atty. Dabon to leave her and forget what had happened, but the respondent instead taunted her by laughing at her misery; that since then, Atty. Dabon succeeded in having repeated carnal knowledge of her once or twice a week through intimidation and threats; that Atty. Dabon threatened her that he would tell everyone that she had been playing around with him, if she would not yield to his lascivious cravings; and that she suffered in silence for years and submitted herself to the bestial desires of Atty. Dabon, until she even thought that she was in love with him.

In his Comment, Atty. Dabon denied the charges of grossly immoral and unlawful acts through sexual assaults, abuses, threats and intimidation. He posited that the allegations of spouses Nelson and Sonia in their respective affidavits were nothing but pure fabrication solely intended to malign his name and honor.

Issue:

WON Atty Dabon violated CPR?

Held:

Lawyers have been repeatedly reminded by the Court that possession of good moral character is both a condition precedent and a continuing requirement to warrant admission to the Bar and to retain membership in the legal profession. This proceeds from the lawyer's bounden duty to observe the highest degree of morality in order to safeguard the Bar's integrity, and the legal profession exacts from its members nothing less. Lawyers are called upon to safeguard the integrity of the Bar, free from misdeeds and acts constitutive of malpractice. Their exalted positions as officers of the court demand no less than the highest degree of morality.

the Court notes from the respondent's Comment that he appeared to be perplexed as to whether or not he would admit his extramarital liaisons with Sonia. As Investigating Commissioner Chan stated in his report, Atty. Dabon interposed a blanket denial of the romantic involvement but at the same time, he seemed to have tacitly admitted the illicit affair only that it was not attended by sexual assaults, threats and intimidations. The Court also observed that he devoted considerable effort to demonstrate that the affair did not amount to gross immoral conduct and that no sexual abuse, threat or intimidation was exerted upon the person of Sonia, but not once did he squarely deny the affair itself.

In other words, the respondent's denial is a negative pregnant, a denial coupled with the admission of substantial facts in the pleading responded to which are not squarely denied.

It is clear from Atty. Dabon's Comment that his denial only pertained as to the existence of a forced illicit relationship. Without a categorical denial thereof, he is deemed to have admitted his consensual

affair with Sonia.

More telling of the existence of a romantic relationship are the notes and cards that Sonia sent to Atty. Dabon containing personal and intimate messages in her own handwriting. The messages conveyed Sonia's affection towards him as she even referred to him as "hon" or "honey." There were also gifts she gave him on special occasions such as signature shoes, watch and shirts. It also appeared that Sonia frequently visited him in his office either to bring him food, fruits and other goodies or to invite him to lunch which apparently displayed her emotional attachment to him. Curiously, the foregoing was never refuted by Sonia. Such "ego-boosting admissions" of Atty. Dabon indeed proved that a consensual relationship between him and Sonia existed.

It has been repeatedly held that to justify suspension or disbarment, the act complained of must not only be immoral, but grossly immoral. A grossly immoral act is one that is so corrupt as to constitute a criminal act, or so unprincipled as to be reprehensible to a high degree or committed under such scandalous or revolting circumstances as to shock the common sense of decency. It is willful, flagrant, or shameless as to show indifference to the opinion of good and respectable members of the community.

In the case at bench, Atty. Dabon's intimate relationship with a woman other than his wife showed his moral indifference to the opinion of the good and respectable members of the community. It manifested his disrespect for the laws on the sanctity of marriage and for his own marital vow of fidelity. It showed his utmost moral depravity and low regard for the fundamental ethics of his profession. Indeed, he has fallen below the moral bar. Such detestable behavior warrants a disciplinary sanction. Even if not all forms of extramarital relations are punishable under penal law, sexual relations outside of marriage are considered disgraceful and immoral as they manifest deliberate disregard of the sanctity of marriage and the marital

vows protected by the Constitution and affirmed by our laws.