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Philippine Supreme Court Jurisprudence > Year 2015 > November 2015 Decisions >
A.C. No. 7353, November 16, 2015 - NELSON P. VALDEZ, Petitioner, v. ATTY.
ChanRobles Professional
ANTOLIN ALLYSON DABON, JR., Respondent.:
Review, Inc.
A.C. No. 7353, November 16, 2015 - NELSON P. VALDEZ, Petitioner, v. ATTY.
ANTOLIN ALLYSON DABON, JR., Respondent.
EN BANC
ChanRobles On-Line Bar
Review A.C. No. 7353, November 16, 2015
DECISION
PER CURIAM:
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
ChanRobles CPA Review that initially, Sonia denied the affair but eventually broke down and admitted her
Online 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: chanRoblesvirtualLawlibrary
Nelson, Jun and I were separating I will file an annulment anytime soon,
although I'm in great pain, I ask for your apology and forgiveness for
everything he is leaving for US and I hope he evolves into a strong and
mature person there. D cya masamang tao, just emotional and easily
manipulated. Sana don't blame him entirely bee. he is d type that never
initiate things. He is passive and tame. He was honest with me and I hope
Sonia would find d courage to tell d truth to you. I just pray for peace and
fresh start for all of us. I just want to go on with my life and use above all
these for my son's sake. I love jun and I appeal to you n asana wala ka
maisip sa atin lahat. Just as I have accepted everything. Salamat sa
Series
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.
In her own Affidavit,4 dated September 13, 2006 and attached to the complaint,
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.
Sonia further claimed that after years of living in deception and infidelity, she decided
to call it quits with Atty. Dabon sometime in March 2006 but he could not let go of
WHEREFORE, this Commissioner, after a thorough and exhaustive review
G.R. No. 192955, November of the facts and applicable legal provisions, recommends that respondent
09, 2015 - EDILBERTO P. ETOM, be found guilty of gross immoral conduct and, accordingly, be disbarred
JR., Petitioner, v. AROMA and dropped from the Roll of Attorneys.13 cralawlawlibrary
Petitioners, v. NATRAPHARM,
INC., Respondent.
Atty. Dabon filed a motion for reconsideration of Resolution No. XVIII-2008-653, but
G.R. No. 179121, November it was denied by the IBP Board of Governors in its Resolution No. XX-2012-550,15
09, 2015 - MARGARITA M. dated December 14, 2012.
BENEDICTO-MUÑOZ, Petitioner, v.
MARIA ANGELES CACHO- After due consideration, the Court resolves to adopt the findings and
OLIVARES, EDGARDO P. recommendation of the IBP-CBD.
OLIVARES, PETER C. OLIVARES,
CARMELA Q. OLIVARES, MICHAEL Lawyers have been repeatedly reminded by the Court that possession of good moral
C. OLIVARES, ALEXANDRA B. character is both a condition precedent and a continuing requirement to warrant
OLIVARES, AND MELISSA C. admission to the Bar and to retain membership in the legal profession.This proceeds
OLIVARES, Respondents.; G.R. from the lawyer's bounden duty to observe the highest degree of morality in order to
NO. 179128 - ABACUS safeguard the Bar's integrity,16 and the legal profession exacts from its members
SECURITIES CORPORATION AND nothing less. Lawyers are called upon to safeguard the integrity of the Bar, free from
JOEL CHUA CHIU, Petitioners, v. misdeeds and acts constitutive of malpractice. Their exalted positions as officers of
MARIA ANGELES CACHO-
the court demand no less than the highest degree of morality.17
OLIVARES, PETER C. OLIVARES,
CARMELA Q. OLIVARES, MICHAEL
The Court explained in Arnobit v. Atty. Arnobit18 that "as officers of the court,
Q. OLIVARES, ALEXANDRA B.
lawyers must not only in fact be of good moral character but must also be seen to be
OLIVARES, [and] MELISSA C.
of good moral character and leading lives in accordance with the highest moral
OLIVARES, Respondents.; G.R.
standards of the community. A member of the bar and an officer of the court is not
NO. 179129 SAPPHIRE
only required to refrain from adulterous relationships or keeping a mistress but must
SECURITIES, INC., Petitioner, v.
also so behave himself as to avoid scandalizing the public by creating the impression
MARIA ANGELES CACHO-
that he is flouting those moral standards." Consequently, any errant behavior of the
OLIVARES, EDGARDO P.
lawyer, be it in his public or private activities, which tends to show deficiency in moral
OLIVARES, PETER C. OLIVARES,
character, honesty, probity or good demeanor, is sufficient to warrant suspension or
CARMELA Q. OLIVARES, MICHAEL
disbarment.19
C. OLIVARES, ALEXANDRA B.
OLIVARES, MELISSA C.
In the case at bench, the Court subscribes to the IBP's opinion that there was
OLIVARES, AND THE HON. COURT
substantial evidence showing that Atty. Dabon did have an illicit relationship with
OF APPEALS, NINTH DIVISION,
Nelson's legal wife.
Respondents.
To begin with, the Court notes from the respondent's Comment that he appeared to
G.R. Nos. 217126-27,
be perplexed as to whether or not he would admit his extramarital liaisons with
November 10, 2015 - CONCHITA
Sonia. As Investigating Commissioner Chan stated in his report, Atty. Dabon
CARPIO MORALES, IN HER
interposed a blanket denial of the romantic involvement but at the same time, he
CAPACITY AS THE OMBUDSMAN,
seemed to have tacitly admitted the illicit affair only that it was not attended by
Petitioner, v. COURT OF APPEALS sexual assaults, threats and intimidations. The Court also observed that he devoted
(SIXTH DIVISION) AND JEJOMAR considerable effort to demonstrate that the affair did not amount to gross immoral
ERWIN S. BINAY, JR., conduct and that no sexual abuse, threat or intimidation was exerted upon the
Respondents. person of Sonia, but not once did he squarely deny the affair itself.
A.M. No. P-15-3391, In other words, the respondent's denial is a negative pregnant, a denial coupled with
November 16, 2015 - RE: the admission of substantial facts in the pleading responded to which are not
INCIDENT REPORT RELATIVE TO squarely denied. Stated otherwise, a negative pregnant is a form of negative
A CRIMINAL CASE FILED expression which carries with it an affirmation or at least an implication of some kind
AGAINST ROSEMARIE U. favorable to the adverse party. Where a fact is alleged with qualifying or modifying
GARDUCE, CLERK III, OFFICE OF language and the words of the allegation as so qualified or modified are literally
THE CLERK OF COURT (OCC), denied, it has been held that the qualifying circumstance alone is denied while the
REGIONAL TRIAL COURT (RTC), fact itself is admitted.20 It is clear from Atty. Dabon's Comment that his denial only
PARANAQUE CITY 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.
G.R. No. 207041, November
09, 2015 - PEOPLE OF THE
More telling of the existence of a romantic relationship are the notes and cards21 that
PHILIPPINES, REPRESENTED BY
Sonia sent to Atty. Dabon containing personal and intimate messages in her own
THE OFFICE OF THE CITY
handwriting. The messages conveyed Sonia's affection towards him as she even
PROSECUTOR, DEPARTMENT OF
referred to him as "hon" or "honey." There were also gifts she gave him on special
JUSTICE, ROXAS CITY, Petitioner,
occasions such as signature shoes, watch and shirts. It also appeared that Sonia
v. JESUS A. ARROJADO,
frequently visited him in his office either to bring him food, fruits and other goodies
Respondent.
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
G.R. No. 176908, November
admissions"22 of Atty. Dabon indeed proved that a consensual relationship between
11, 2015 - PURISIMO M.
him and Sonia existed.
CABAOBAS, EXUPERIO C.
MOLINA, GILBERTO V. OPINION,
It has not escaped the Court's attention either that Atty. Dabon really tried hard to
VICENTE R. LAURON, RAMON M.
win back Sonia because he could not let go of their relationship, even to the point of
DE PAZ, JR., ZACARIAS E.
pestering her with his persistent pleas for reconciliation. In one instance, Atty. Dabon
CARBO, JULITO G. ABARRACOSO,
boarded Sonia's car and refused to alight unless she would talk to him. Sonia had to
DOMINGO B. GLORIA, AND
seek the assistance of her officemates, Atty. Barrazo and Atty. Ligot, who pleaded
FRANCISCO P. CUMPIO,
with him to alight from the vehicle. Moreover, Atty. Dabon made several attempts to
Petitioners, v. PEPSI-COLA
communicate with Sonia in the hope of rekindling their relationship through letters
PRODUCTS, PHILIPPINES, INC.,
and phone calls but she remained firm in her stand to avoid him. Such incident was
Respondents.
recounted by Ramos and Minerva in their respective affidavits.
Respondent.
G.R. No. 214502, November Sorting out the maze of technicalities, denials and evasions of the
25, 2015 - PEOPLE OF THE respondent as well as the oftentimes exaggerated language of
PHILIPPINES, Plaintiff-Appellee, v. complainant or his wife, Sonia, and the self-exculpatory declarations of
FRANCO DARMO DE GUZMAN Y Sonia, this Commissioner considers the following facts as established:
PROVINCE, Petitioner, v.
CHAIRPERSON MA. GRACIA M.
PULIDO-TAN, COMMISSION ON For what ethical breaches then may Atty. Dabon be held liable?
AUDIT, Respondent.
The Code of Professional Responsibility provides: chanRoblesvirtualLawlibrary
FILEMON A. TANDINCO, Notwithstanding this permissiveness, lawyers, as keepers of public faith, are
MUNICIPAL TRIAL COURT IN burdened with a high degree of social responsibility and, hence, must handle their
CITIES (MTCC), CALBAYOG CITY, personal affairs with greater caution.24 Indeed, those who have taken the oath to
SAMAR AND RONALDO C. assist in the dispensation of justice should be more possessed of the consciousness
DIONEDA, CLERK OF COURT OF and the will to overcome the weakness of the flesh.
THE MTCC, CALBAYOG CITY,
SAMAR, Respondent. It has been repeatedly held that to justify suspension or disbarment, the act
complained of must not only be immoral, but grossly immoral.25 A grossly immoral
G.R. No. 195654, November act is one that is so corrupt as to constitute a criminal act, or so unprincipled as to be
25, 2015 - REYNALDO INUTAN, reprehensible to a high degree or committed under such scandalous or revolting
HELEN CARTE, NOEL AYSON, IVY circumstances as to shock the common sense of decency. It is willful, flagrant, or
CABARLE, NOELJAMILI, MARITES shameless as to show indifference to the opinion of good and respectable members of
HULAR, ROLITOAZUCENA, the community.26
RAYMUNDO TUNOG, ROGER
BERNAL, AGUSTEV ESTRE, In the case at bench, Atty. Dabon's intimate relationship with a woman other than his
MARILOU SAGUN, AND ENRIQUE wife showed his moral indifference to the opinion of the good and respectable
LEDESMA, JR., Petitioners, v. members of the community. It manifested his disrespect for the laws on the sanctity
NAPAR CONTRACTING & ALLIED of marriage and for his own marital vow of fidelity. It showed his utmost moral
SERVICES, NORMAN depravity and low regard for the fundamental ethics of his profession. Indeed, he has
LACSAMANA, JONAS fallen below the moral bar. Such detestable behavior warrants a disciplinary sanction.
INTERNATIONAL, INC., AND Even if not all forms of extramarital relations are punishable under penal law, sexual
PHILIP YOUNG, Respondent. 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
G.R. No. 179257, November
Constitution and affirmed by our laws.27
23, 2015 - UNITED ALLOY
PHILIPPINES CORPORATION,
In Advincula v. Macabata,28 the Court elucidated as to what disciplinary sanction
Petitioner, v. UNITED COCONUT
should be imposed against a lawyer found guilty of misconduct. Thus:
PLANTERS BANK [UCPB] AND/OR
chanRoblesvirtualLawlibrary
BANKING CORPORATION (NOW disbarment, depending on the circumstances of the case.29 In case of suspension,
BANCO DE ORO BANKING the period would range from one year30 to indefinite suspension, as in the case of
CORPORATION), Respondents.; Cordova v. Cordova,31 where the lawyer was found to have maintained an adulterous
G.R. NO. 203930 - J.M. TUASON relationship for two years and refused to support his family. On the other hand, there
& CO., AND TALAYAN HOLDINGS, is a string of cases where the Court meted out the extreme penalty of disbarment, to
INC., Petitioner, v. HOMEOWNERS wit:chanRoblesvirtualLawlibrary
ASSOCIATION OF TALAYAN
VILLAGE, INC. AND QUEZON CITY
In Toledo v. Toledo,32 a lawyer was disbarred from the practice of law, when he
MAYOR, Respondent.
abandoned his lawful wife and cohabited with another woman who had borne him a
child.
G.R. No. 217456, November
24, 2015 - MARILOU S. LAUDE
AND MESEHILDA S. LAUDE, In Obusan v. Obusan, Jr.,33 a lawyer was disbarred after the complainant proved that
Petitioners, v. HON. ROLINE M. he had abandoned her and maintained an adulterous relationship with a married
GINEZ-JABALDE, PRESIDING woman. The Court declared that the respondent failed to maintain the highest degree
JUDGE, BRANCH 74, REGIONAL of morality expected and required of a member of the Bar.
7 Id. at 33-34.
G.R. No. 203087, November
23, 2015 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. 8 Id. at 98-125.
EDGARDO ZABALA y BALADA
AND ROMEO ALBIUS JR. y 9 Id. at 107,
BAUTISTA, Accused-Appellants.
VICENTE CUACHIN, Stenographer at the Court of Appeals from 1992 to 2006.3 She admitted
SUBSTITUTED BY HIS LEGAL that she had an adulterous and immoral relationship with Atty. Dabon, a
HEIRS, NAMELY: LILIA LORENO Division Clerk of Court of the Court of Appeals, from 2000 to 2006.4
CUACHIN, NILO L. CUACHIN, According to Nelson, Sonia told him that the illicit affair was carried out
LEONARDO L. CUACHIN, JUDITH through Atty. Dabon's sexual assaults, intimidation, and threats on
L. CUACHIN, VILMA CUACHIN
Sonia.5
LLANZANA, ELVIE CUACHIN
MANTES, CRISTINA CUACHIN
Sonia's affidavit was attached to Nelson's Complaint. In her affidavit,
SARCIA, LILIBETH CUACHIN
Sonia claims that her sexual relationship with Atty. Dabon started when
BELORIA, AIDA CUACHIN
they had a friendly lunch date on November 13, 2000.6 Unknown to her,
MIRANDILLA, JULIET CUACHIN
Atty. Dabon put a sleep-inducing substance in either her food or drink,
which caused her to feel drowsy and weak.7 Atty. Dabon then brought her
AWA, Petitioners, v. PRTNCESITA to a motel and took advantage of her.8 He sexually assaulted her while
K. ALFONSO, Respondent.
she was unconscious.9
G.R. No. 162032, November in having carnal knowledge with her once to twice a week.13 This went on
25, 2015 - RURAL BANK OF for several years.14
MALASIQUI, INC., Petitioner, v.
ROMEO M. CERALDE AND
In March 2006, Sonia ended her affair with Atty. Dabon.15 This resulted in
EDUARDO M. CERALDE, JR.,
a series of unpleasant occasions where Sonia and Atty. Dabon publicly
Respondent.
clashed in a motel and inside the Court of Appeals and involved other
November 09, 2015 - OFFICE OF signed and sent to him, together with the expensive gifts such as
THE COURT ADMINISTRATOR, signature shoes, watches, and shirts she gave him.20 Sonia even spent
Complainant, v. ROGER D. time in the United States with him and his sons.21
COREA, SHERIFF IV, REGIONAL
TRIAL COURT, BRANCH 39, Atty. Dabon further alleges that Sonia had become emotionally dependent
POLOMOLOK, SOUTH COTOBATO, on him since he was always there to listen to her problems.22 According
Respondent. to Atty. Dabon, Sonia started to act strangely when she learned of his
Respondent.
Moreover, contrary to Nelson and Sonia's claims, it was actually Atty.
G.R. No. 210603, November Dabon who was harassed through text messages and phone calls, which
25, 2015 - EDITHA B. SAGUIN prompted him to leave the country earlier than scheduled.26
AND LANI D. GRADO, Petitioners,
v. PEOPLE OF THE PHILIPPINES, On August 15, 2007, this court referred the Complaint to the Integrated
Respondent. Bar of the Philippines for investigation, report, and recommendation.27
G.R. No. 209284, November In his October 2, 2008 Report and Recommendation, Integrated Bar of the
10, 2015 - RENEE B. Philippines Investigating Commissioner Manuel T. Chan found Atty. Dabon
TANCHULING, AND THE HEIRS OF
guilty of gross immoral conduct.28 The Commissioner recommended that
VICENTE N. Y. TANCHULING,
Atty. Dabon be disbarred and dropped from the Roll of Attorneys.29
NAMELY REBECCA TANCHULING-
TAN, RITA TANCHULING-MAPA,
On December 11, 2008, the Integrated Bar of the Philippines Board of
ROSEMARIE TANCHULING-
Governors issued Resolution No. XVIII-2008-653, which adopted and
SALINAS, AND VINCENT
approved the recommendations of the Investigating Commissioner:
RAYMOND B. TANCHULING,
chanRoblesvirtualLawlibrary
Petitioners, v. SOTERO C.
CANTELA, Respondent.
RESOLVED to ADOPT and APPROVE, as it is hereby
G.R. No. 206593, November unanimously ADOPTED and APPROVED the Report and
10, 2015 - PEOPLE OF THE Recommendation of the Investigating Commissioner of the
PHILIPPINES, Plaintiff-Appellee, v. above-entitled case, herein made part of this Resolution as
RAMONITO B. ASIGNAR, Annex "A"; and, finding the recommendation fully supported
Accused-Appellant. by the evidence on record and the applicable laws and rules,
and finding Respondent guilty of gross immoral conduct, Atty.
G.R. No. 213679, November Antolin Allyson M. Dabon, Jr. is hereby DISBARRED and his
25, 2015 - JAY H. LICAYAN, name be stricken off from the Roll of Attorneys.30 cralawlawlibrary
Petitioner, v. SEACREST
MARITIME MANAGEMENT, INC.,
CLIPPER FLEET MANAGEMENT, Atty. Dabon filed his motion for reconsideration of the Resolution.31
A/S AND/OR REDENTOR ANAYA, However, this was denied by the Integrated Bar of the Philippines Board of
Respondent. Governors in Resolution No. XX-2012-550 dated December 4, 2012: chanRoblesvirtualLawlibrary
INC., Petitioner, v. EDUARDO R. Reconsideration there being no cogent reason to reverse the
ADIA, LITO M. ADIGUE, CANDIDO findings of the Commission and it being a mere reiteration of
M. AMPARO, MARINO S. AMPARO, the matters which had already been threshed out and taken
CATAPANG, EDUARDO A.
CATAPANG, GRACIANO C.
CATAPANG, HERMINIO V. In the case at bench, Atty. Dabon's intimate relationship with a
CATAPANG, JUANA P. CATAPANG, woman other than his wife showed his moral indifference to
REYNALDO P. CATAPANG, ROMEO the opinion of the good and respectable members of the
A. CATAPANG, RODOLFO A. community. It manifested his disrespect for the laws on the
CATAPANG, VICTORIANO A. sanctity of marriage and for his own marital vow of fidelity. It
CATAPANG, JUAN D. CENTOS, showed his utmost moral depravity and low regard for the
EDUARDO C. CREENCIA, ARNEL below the moral bar. Such detestable behavior warrants a
CRISTAL, MOISES CUBCUBIN, relations are punishable under penal law, sexual relations
DELSO POBLETO, SALVADOR M. outside of marriage are considered disgraceful and immoral as
DESCALSO, GREGORIO P. DINO, and the marital vows protected by the Constitution and
ESCALLAR, ARMAND P.
ESCUADRO, ELISA C. FELICIANO,
PASTOR C. FERRER, ERLINDO M. However, the ponencia also declared that Sonia's claims of sexual
PHILIPPINES, Plaintiff-Appellee, v.
EDUARDO CUESTA Y ASTORGA
A.K.A BOYET CUBILLA Y The relationship between Atty. Dabon and Sonia was consensual.
QUINTANA, Accused-Appellant. Relationships between men and women traditionally involve power
G & P BUILDERS,
INCORPORATED, SPOUSES
ELPIDIO AND ROSE VIOLET I. R.A. 9262 rests on substantial distinctions.
PARAS, SPOUSES JESUS AND MA.
CONSUELO PARAS AND VICTORIA The unequal power relationship between women and men; the
PARAS, Respondents. fact that women are more likely than men to be victims of
violence; and the widespread gender bias and prejudice
G.R. No. 208844, November against women all make for real differences justifying the
10, 2015 - F & S VELASCO classification under the law. As Justice Mclntyre succinctly
COMPANY, INC., IRWIN J. SEVA, states, "the accommodation of differences . . . is the essence
ROSINA B. VELASCO-SCRIBNER, of true equality."
MERCEDEZ SUNICO, AND JOSE
SATURNINO O. VELASCO, A. Unequal power relationship between men and women
Petitioners, v. DR. ROMMEL L.
MADRID, PETER PAUL L. DANAO, According to the Philippine Commission on Women (the
MANUEL L. ARIMADO, AND National Machinery for Gender Equality and Women's
MAUREEN R. LABALAN, Empowerment), violence against women (VAW) is deemed to
Respondents. be closely linked with the unequal power relationship
between women and men otherwise known as "gender-
G.R. No. 170458, November based violence". Societal norms and traditions dictate people
23, 2015 - REPUBLIC OF THE to think men are the leaders, pursuers, providers, and take on
PHILIPPINES, REPRESENTED BY dominant roles in society while women are nurturers, men's
ASSET PRIVATIZATION TRUST, companions and supporters, and take on subordinate roles in
NOW PRIVATIZATION AND society. This perception leads to men gaining more power over
MANAGEMENT OFFICE (PMO), women. With power comes the need to control to retain that
Petitioner, v. VIRGILIO M. power. And VAW is a form of men's expression of controlling
TATLONGHARI, DOMINGO P. UY, women to retain power.
GUILLERMO P. UY, HINOSAN
MOTORS CORPORATION, AND The United Nations, which has long recognized VAW as a
WESTERN GUARANTY human rights issue, passed its Resolution 48/104 on the
CORPORATION, Respondents. Declaration on Elimination of Violence Against Women on
December 20, 1993 stating that "violence against women is a
manifestation of historically unequal power relations
between men and women, which have led to domination
over and discrimination against women by men and to the
prevention of the full advancement of women, and that
violence against women is one of the crucial social
mechanisms by which women are forced into subordinate
refuses his or, in certain cases, her amorous advances.41 These acts,
which necessarily result in an intimidating, hostile, and offensive working
cralawlawlibrary
While Sonia was technically not a subordinate of Atty. Dabon, his actions
nevertheless resulted in an intimidating, hostile, and offensive working
environment for Sonia, especially towards the end of their illicit
relationship. The gravity of Atty. Dabon's actions should be considered in
determining the proper penalty to be imposed in this disbarment case for
gross immoral conduct.
It has not escaped the Court's attention either that Atty. Dabon
really tried hard to win back Sonia because he could not let go
of their relationship, even to the point of pestering her with his
persistent pleas of reconciliation. In one instance, Atty. Dabon
boarded Sonia's car and refused to alight unless she would talk
to him. Sonia had to seek the assistance of her officemates,
Atty. Barrazo and Atty. Ligot, who pleaded with him to alight
from the vehicle. Moreover, Atty. Dabon made several attempts
to communicate with Sonia in the hope of rekindling their
relationship through letters and phone calls but she remained
firm in her stand to avoid him. Such incident was recounted by
Ramos and Minerva in their respective affidavits. Incidentally,
vis-a-vis Nelson's overwhelming evidence of said harassments,
he offered only denials which was [sic] self-serving and weak
under the law on evidence. Other than his general claim that
Atty. Barrazo, Atty. Ligot, Ramos, and Minerva were biased
witnesses because they were former officemates of Sonia, the
respondent did not even bother to proffer his own version of
In Tucay v. Tucay,53 this court held that having an illicit affair with a
married woman, regardless of whether a bigamous marriage was
contracted, constitutes gross immoral conduct that merits the extreme
penalty of disbarment.
In his Comment, Atty. Dabon averred that there could not have been an
illicit affair between him and Sonia since Sonia was merely "an ordinary
plain-looking middle aged woman with two (2) teen aged children."57 He
alleged that: chanRoblesvirtualLawlibrary
Atty. Dabon carried out illicit relations with Sonia, a married woman and
his co-worker in the judiciary, for at least five (5) years. Atty. Dabon's
blase attitude towards the affair and its aftermath not only made a
mockery of the position he holds as member of the bar and an employee
of the judiciary, but also showed his utter disregard for laws protecting
and respecting the dignity of women. He failed to meet the high standard
of morality required of his profession. He is unfit to be a member of the
bar.
Endnotes:
1 Ponencia, p. 1.
5 Id.
6 Id. at 8, Affidavit.
7 Id.
8 Id.
9 Id.
10 Id.
12 Id. at 9.
13 Id.
14 Id.
15 Id. at 10.
16 Id. at 10-12.
18 Id.
19 Id. at 109, Comment.
20 Id. at 109-110.
21 Id. at 113.
22 Id. at 112.
23 Id. at 114.
24 Id. at 115.
25 Id. at 116.
26 Id. at 118.
27 Id. at 166.
28 Id. at 523-530.
29 Id. at 530.
30 Id. at 522.
31 Id. at 536-555.
32 Id. at 521.
33 Ponencia, p. 13.
35 Ponencia, p. 11.
36 Id. at 9.
41 Id.
42 See Floralde v. Court of Appeals, 392 Phil. 146,
150 (2000) [Per J. Pardo, En Banc].
47 Id.
49 Id. at 199-200.
51 Id. at 443.
56 Id. at 366.
57Rollo, p. 107.
58 Id. at 108.
Nelson further stated that Atty. Dabon's willful, flagrant and shameless conduct was
in gross defiance of the customs, values and sense of morality of the community. He
prayed for the disbarment of Atty. Dabon whose immoral acts showed his lack of
moral character, honesty, probity, and good demeanor and, hence, unworthy to
continue as an officer of the court. Nelson alleged that he had previously filed an
administrative complaint for "Gross Immorality" against Atty. Dabon before the CA.
Together with Sonia's Affidavit, Nelson also attached to his Affidavit-Complaint for
disbarment, the Joint Affidavit5 executed by Atty. Barrozo and Atty. Ligot on May 19,
2006; the Affidavit6 of Virginia D. Ramos (Ramos), dated May 19, 2006; and the
Affidavit7 of Marie Iris Magdalene Minerva (Minerva), dated May 22, 2006, wherein
the said affiants corroborated the declaration of Sonia in her affidavit.
Respondent Atty. Dabon strongly refuted the accusation against him claiming that the
same was baseless and unfounded and that the complaint for disbarment was merely
calculated to harass, annoy and besmirch his reputation.
In his Comment,8 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. In support of his
prayer for the dismissal of the present disbarment case, Atty. Dabon proffered the
following arguments: chanRoblesvirtualLawlibrary
First, complainant Nelson had no personal knowledge of the alleged illicit relationship
between him and Sonia. He relied heavily on the sworn statement of Sonia which was
replete with inconsistencies and incredible and preposterous claims which defied logic
and common sense, thus, revealing the fallacy of the subject complaint. He
contended that it was highly improbable for him, a married lawyer at that, to
suddenly turn crazy and abandon all cares just to satisfy his purported lustful
hungerness by sexually assaulting Sonia, "an ordinary plain-looking 43-year old
woman with two (2) teen aged children."9
Second, nowhere in the administrative complaint of Nelson previously filed before the
CA was there any mention of any sexual assault he allegedly committed against
Sonia or of an adulterous relationship that was maintained through threats and
intimidation. Surprisingly, such allegations were included in the present complaint for
disbarment. He also pointed out that Nelson did not attach to his administrative
complaint before the CA the September 13, 2006 Affidavit of Sonia containing grave
imputations against him. Such omissions were indicative that the serious charges
against him were mere concoctions and afterthoughts designed to attain Nelson's
desire to come up with a graver accusation against him. The filing of the complaint
for disbarment was motivated by vengeance against him as Nelson was consummed
by his suspicion that he had seduced Sonia which led to the deterioration of their
marriage. He was a victim caught in the crossfire between the troubled couple,
Nelson and Sonia.
Third, there was no truth to Sonia's allegation that he was attracted to her from the
first time he saw her much less pursued her relentlessly. He and Sonia were just
close friends. He was Sonia's confidante. She would usually confide in him her
personal woes and problems especially those concerning her husband, Nelson. It was
Sonia who aggressively sought his companionship and frequented his office, bringing
food, fruits and other goodies. The said visits were attested to by Mary Jane Tulalian
and Imelda Adan in their respective affidavits,10 both dated April 30, 2008. His
friendship with Sonia turned sour when she learned of his plan to settle for good in
the Unites States with his family. Sonia began to avoid him. He exerted efforts to
make her understand his decision, but to no avail.
Fourth, the cards expressing Sonia's affection towards him as well as the expensive
gifts she gave him belied her claim that she was sexually assaulted and that she
resisted his alleged sexual advances.
Fifth, it was unlikely that Sonia would not tell anyone the grave injustice and abuses
that she allegedly suffered in his hands or report the matter to the police considering
her length of service in the Judiciary and her familiarity on how the criminal justice
system worked.
Sixth, he denied Nelson's allegation that he confessed to his wife, Atty. Joy, his illicit
relationship with Sonia. He also denied that the alleged text messages, quoted by
Nelson and Sonia in their respective affidavits, were sent by him or his wife. All were
part of an elaborate scheme to force him to immediately resign as Division Clerk of
Court from the CA.
Lastly, it was not true that he harassed Sonia through text messages and phone calls.
It was he who was the victim of harassment from Nelson, who orchestrated a series
of events that compelled him to leave the country earlier than scheduled for fear that
an untoward incident might happen to him.
On August 15, 2007, the Court referred the case to the Integrated Bar of the
After the parties had submitted their respective verified position papers, Investigating
Commissioner Manuel T. Chan (Investigating Commissioner Chan) of the IBP
November-2015 Jurisprudence