Valdez Vs Dabon (775 SCRA 1)
Valdez Vs Dabon (775 SCRA 1)
CASES REPORTED
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A.C. No. 7353. November 16, 2015.*
NELSON P. VALDEZ, petitioner, vs. ATTY. ANTOLIN
ALLYSON DABON, JR., respondent.
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* EN BANC.
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PER CURIAM:
This is an administrative complaint for disbarment filed
by Nelson P. Valdez (Nelson) against Atty. Antolin Allyson
M. Dabon, Jr. (Atty. Dabon) anchored on the ground of
grossly immoral and indecent conduct which transgressed
the high moral standards required for membership in the
Bar.
The Position of the Complainant
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.
In his AffidavitComplaint,1 dated September 13, 2006,
Nelson averred, among others, 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, on May 4, 2006 at about 9:47 o’clock in the
morning, which stated:
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9 Id., at p. 107.
11
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contain
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27 Vitug v. Rongcal, 532 Phil. 615, 626627; 501 SCRA 166, 178 (2006).
28 546 Phil. 431, 446447; 517 SCRA 600, 616617 (2007).
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CONCURRING OPINION
LEONEN, J.:
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1 Ponencia, p. 6.
2 Rollo, pp. 3 and 6, Affidavit.
3 Id., at p. 3, Affidavit, and p. 526, Report and Recommendation of the
IBP.
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Atty. Dabon also claims that Nelson and Sonia are good
friends with the Court of Appeals Presiding Justice Ruben
Reyes as Sonia had worked as Court Stenographer for him
for three (3) years.24 The Presiding Justice had allegedly
asked Atty. Dabon to resign, else cases would be filed
against him.25
Moreover, contrary to Nelson and Sonia’s claims, it was
actually Atty. Dabon who was harassed through text
messages
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RESOLVED to ADOPT and APPROVE, as it is
hereby unanimously ADOPTED and APPROVED the
Report and Recommendation of the Investigating
Commissioner of the above entitled case, herein made
part of this Resolution as Annex “A”; and finding the
recommendation fully supported by the evidence on
record and the applicable laws and rules, and finding
Respondent guilty of gross immoral conduct, Atty.
Antolin Allyson M. Dabon, Jr. is hereby DISBARRED
and his name be stricken off from the Roll of
Attorneys.30
Atty. Dabon filed his motion for reconsideration of the
Resolution.31 However, this was denied by the Integrated
Bar of the Philippines Board of Governors in Resolution
No. XX2012550 dated December 4, 2012:
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I. R.A. 9262 rests on substantial distinctions.
The unequal power relationship between women
and men; the fact that women are more likely than
men to be victims of violence; and the widespread
gender bias and prejudice against women all make for
real differences justifying the classification under
the law. As Justice McIntyre succinctly states, “the
accommodation of differences . . . is the essence of true
equality.”
A. Unequal power relationship between
men and women
According to the Philippine Commission on Women
(the National Machinery for Gender Equality and
Women’s Empowerment), violence against women
(VAW) is deemed to be closely linked with the
unequal power relationship between women
and men otherwise known as “genderbased
violence.” Societal norms and traditions dictate people
to think men are the leaders, pursuers, providers, and
take on dominant roles in society while women are
nurturers, men’s companions and supporters, and
take on subordinate roles in society. This perception
leads to men gaining more power over women. With
power comes the need to control to retain that power.
And VAW is a form of men’s expression of controlling
women to retain power.
The United Nations, which has long recognized
VAW as a human rights issue, passed its Resolution
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37 G.R. No. 179267, June 25, 2013, 699 SCRA 352 [Per J. Perlas
Bernabe, En Banc].
38 Rep. Act No. 9262 is entitled An Act Defining Violence Against
Women and Their Children, Providing for Protective Measures for
Victims, Prescribing Penalties therefore, and for Other Purposes.
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47 Id.
48 Tiong v. Florendo, 678 Phil. 195, 199; 662 SCRA 1, 5 (2011) [Per J.
PerlasBernabe, Third Division].
49 Id., at pp. 199200; p. 5.
50 Advincula v. Macabata, 546 Phil. 431, 442; 517 SCRA 600, 611612
(2007) [Per J. ChicoNazario, Third Division].
51 Id., at p. 443; p. 612.
52 A.C. No. 1512, January 29, 1993, 218 SCRA 30 [Per Curiam, En
Banc]. (Resolution)
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53 376 Phil. 336; 318 SCRA 229 (1999) [Per Curiam, En Banc].
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54 590 Phil. 270; 569 SCRA 247 (2008) [Per Curiam, En Banc].
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55 625 Phil. 347; 611 SCRA 508 (2010) [Per Curiam, En Banc].
56 Id., at p. 366; p. 526.
57 Rollo, p. 107.
58 Id., at p. 108.
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