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November 2015 - Philippine Supreme Court Decisions/Resolutions

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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

NELSON P. VALDEZ, Petitioner, v. ATTY. ANTOLIN ALLYSON DABON, JR.,

Respondent.

DECISION

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 Affidavit-Complaint,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

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

ChanRobles Special Lecture panahon at pangunawa. God bless.3 cralawlawlibrary

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

LODGING HOUSE THROUGH

EDUARDO G. LEM, PROPRIETOR
AND GENERAL MANAGER, On December 11, 2008, the Board of Governors of the IBP adopted and approved the
Respondent. recommendation and issued Resolution No. XVIII-2008-653, the pertinent portion of
which reads: chanRoblesvirtualLawlibrary

G.R. No. 197458, November

11, 2015 - NICANOR PINLAC Y
RESOLVED to ADOPT and APPROVE, as it is hereby unanimously ADOPTED
RESOLME, Petitioner, v. PEOPLE
and APPROVED the Report and Recommendation of the Investigating
OF THE PHILIPPINES,
Commissioner of the above-entitled case, herein made part of this
Respondent.
Resolution as Annex "A"; and, finding the recommendation fully supported
by the evidence on record and the applicable laws and rules, and finding
G.R. No. 197802, November
Respondent guilty of gross immoral conduct, Atty. Antolin Allyson M.
11, 2015 - ZUNECA
Dabon, Jr. is hereby DISBARRED and his name be stricken off from the
PHARMACEUTICAL, AKRAM ARAIN
AND/OR VENUS ARAIN, M.D. DBA Roll of Attorneys.14 ChanRoblesVirtualawlibrary

ZUNECA PHARMACEUTICAL, 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.

G.R. No. 196083, November

Incidentally, vis-a-vis Nelson's overwhelming evidence of said harassments, he
11, 2015 - MILAGROS C. REYES,
offered only denials which was self-serving and weak under the law on evidence.
Petitioner, v. FELIX P. ASUNCION,
Other than his general claim that Atty. Barrazo, Atty. Ligot, Ramos, and Minerva were
Respondent.
biased witnessess because they were former officemates of Sonia, the respondent did
not even bother to proffer his own version of the supposed harassment incidents.
A.C. No. 10671, November 25,
2015 - JOSEPH C. CHUA,
In light of the above disquisition, the Court finds Sonia's allegation that the illicit
Complainant, v. ATTY. ARTURO M.
relationship was made possible by sexual assaults and maintained through threat and
DE CASTRO, Respondent.
intimidations, to be untrue. Certainly, a sexually abused woman could not be
expected to lavish her oppressor with expensive gifts or pay him affectionate
G.R. No. 199601, November
compliments or words of endearment. The natural reaction of a victim of a sexual
23, 2015 - PHILIPPINE
molestation would be to avoid her ravisher. In this case, however, it appeared that
COMMERCIAL INTERNATIONAL
Sonia continually remained in the company of Atty. Dabon for more than five years,
BANK (NOW BDO UNIBANK, INC.,
even inviting him for lunch-outs and frequenting his office to bring food whenever the
Petitioner, v. JOSEPHINE D.
latter was preoccupied with his workload and could not go out with her to eat. Verily,
GOMEZ, Respondent.
Sonia's actuations towards Atty. Dabon are in stark contrast to the expected
demeanor of one who had been repeatedly sexually abused.
G.R. No. 173864, November
23, 2015 - BANGKO SENTRAL NG
Further, the Court cannot fathom why Sonia never reported the alleged sexual abuse
PILIPINAS, Petitioner, v. AGUSTIN
to the police, if such was the truth. She could have placed the respondent behind
LIBO-ON, Respondent.
bars and put an end to her claimed misery. Also, the Court cannot lend credence to
 Sonia's claim that she merely succumbed to the respondent's sexual advances
A.C. No. 10737, November 09, because of his continuous threats of public exposure and humiliation. It must be
2015 - ROLANDO TOLENTINO, stressed that Atty. Dabon would be in a much more precarious situation if he would
Complainant, v. ATTY. RODIL L. carry out such threats, as this would exposed himself to countless criminal and
MILLADO AND ATTY. FRANCISCO administrative charges. The Court believes that Nelson's allegation of sexual assaults
B. SIBAYAN, Respondents. and continuing threat and intimidation was not established by clear preponderant
evidence. The Court is left with the most logical conclusion that Sonia freely and
G.R. No. 193158, November wittingly entered into an illicit and immoral relationship with Atty. Dabon sans any
11, 2015 - PHILIPPINE HEALTH threat and intimidation.
INSURANCE CORPORATION,
Petitioner, v. OUR LADY OF Consequently, the Court quotes with approval the following observations of
LOURDES HOSPITAL, Investigating Commissioner Chan on this score, thus: chanRoblesvirtualLawlibrary

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:

YANZON, A.K.A. DARMO YAZON Y

1. Respondent and Sonia are both married, not to each other, but to
CORTEZ, A.K.A. FRANCO DE
other persons, and each is aware of this fact, or should have known
GUZMAN Y CORTEZ, Accused-
such fact at the start of their illicit relationship because they were
Appellant.
officemates at that time;

G.R. No. 202611, November

2. Respondent and Sonia engaged in an intimate and sexual
23, 2015 - ABNER MANGUBAT,
relationship, intermittent perhaps, for a period of about six years
Petitioner, v. BELEN MORGA-
starting 2000 up to 2006;
SEVA, Respondent.

3. Respondent and Sonia, despite protestations of Sonia that

A.C. No. 7353, November 16,
respondent assaulted her using drugs and employing threats and
2015 - NELSON P. VALDEZ,
blackmail to maintain the relationship, appeared to have entered
Petitioner, v. ATTY. ANTOLIN
into such illicit relationship voluntarily and also appeared to have
ALLYSON DABON, JR.,
been fueled by their deep emotional needs, if not mutual lust, as
Respondent.
shown by the fact that the illicit relationship lasted for six long
years;
G.R. No. 197925, November
09, 2015 - PEOPLE OF THE
4. Respondent and Sonia, despite the protestation of Sonia to the
PHILIPPINES, Plaintiff-Appellee, v.
contrary, were not really ready to give up the illicit relationship even
EDWIN DALAWIS Y HIDALGO,
if they were fully aware of its immorality or its devastating effect on
Accused-Appellant.
their respective marriages and careers as shown by the fact that
both respondent and Sonia did not voluntarily confess to their
G.R. No. 213330, November
respective spouses their dark secret, but were only discovered by
16, 2015 - ALELI C. ALMADOVAR,
complainant through other channels.23
GENERAL MANAGER ISAWAD,
ISABELA CITY, BASILAN cralawlawlibrary

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

G.R. No. 202859, November

11, 2015 - NEW FILIPINO
Rule 1.01- A lawyer shall not engage in unlawful, dishonest, immoral or
MARITIME AGENCIES, INC.,
deceitful conduct.
TAIYO NIPPON KISEN CO., LTD.,
AND ANGELINA T, RIVERA,
Canon 7- A lawyer shall at all times uphold the integrity and dignity of the
Petitioners, v. VINCENT H. D
legal profession, and support the activities of the Integrated Bar.
ATAYAN -HEIR OF SIMON
VINCENT H. DATAYAN III,
Rule 7.03- A lawyer shall not engage in conduct that adversely reflects on
Respondent.
 his fitness to practice law, nor should he, whether in public or private life,
A.M. No. MTJ-10-1760, behave in a scandalous manner to the discredit of the legal profession. cralawlawlibrary

November 16, 2015 - OFFICE OF

THE COURT ADMINISTRATOR,
Petitioner, v. RETIRED JUDGE Morality in our liberal society today is probably a far cry from what it used to be.

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

PHILIPPINE DEPOSIT INSURANCE

CORPORATION [PDIC], JAKOB
Xxx. "When deciding upon the appropriate sanction, the Court must
VAN DER SLUIS AND ROBERT
consider that the primary purposes of disciplinary proceedings are to
T.CHUA, Respondent.
protect the public; to foster public confidence in the Bar; to preserve the
integrity of the profession; and to deter other lawyers from similar
G.R. No. 187464, November
misconduct. Disciplinary proceedings are means of protecting the
25, 2015 - CABIB ALONTO
administration of justice by requiring those who carry out this important
TANOG, Petitioner, v. HON.
function to be competent, honorable and reliable men in whom courts and
RASAD G. BALINDONG, Acting
clients may repose confidence. While it is discretionary upon the Court to
Presiding Judge, Regional Trial
impose a particular sanction that it may deem proper against an erring
Court, Branch 8, 12th Judicial
lawyer, it should neither be arbitrary and despotic nor motivated by
Region, MARAWI CITY, AND GAPO
personal animosity or prejudice, but should ever be controlled by the
SIDIC, Respondent.
imperative need to scrupulously guard the purity and independence of the
bar and to exact from the lawyer strict compliance with his duties to the
G.R. No. 205760, November
court, to his client, to his brethren in the profession and to the public.
09, 2015 - FRANCISCO T.
INOCENCIO, Petitioner, v. PEOPLE
The power to disbar or suspend ought always to be exercised on the
OF THE PHILIPPINES,
preservative and not on the vindictive principle, with great caution and
Respondent.
only for the most weighty reasons and only on clear cases of misconduct
which seriously affect the standing and character of the lawyer as an
G.R. No. 199087, November
officer of the court and member of the Bar. Only those acts which cause
11, 2015 - PEOPLE OF THE
loss of moral character should merit disbarment or suspension, while
PHILIPPINES, Plaintiff-Appellee, v.
those acts which neither affect nor erode the moral character of the
JERRY PUNZALAN AND PATRICIA
lawyer should only justify a lesser sanction unless they are of such nature
PUNZALAN, Accused-Appellants.
and to such extent as to clearly show the lawyer's unfitness to continue in
 the practice of law. The dubious character of the act charged as well as
G.R. No. 203883, November the motivation which induced the lawyer to commit it must be clearly
10, 2015 - HOMEOWNERS demonstrated before suspension or disbarment is meted out. The
ASSOCIATION OF TALAYAN mitigating or aggravating circumstances that attended the commission of
VILLAGE INC., Petitioner, v. J.M. the offense should also be considered. cralawlawlibrary

TUASON & CO., INC., TALAYAN

HOLDINGS, INC., QUEZON CITY
MAYOR AND EQUITABLE The penalty for maintaining an illicit relationship may either be suspension or

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.

TRIAL COURT OF THE CITY OF

OLONGAPO; HON. PAQUITO N. In Cojuangco, Jr. v. Palma,34 the respondent lawyer was disbarred when he
OCHOA, JR., EXECUTIVE abandoned his lawful wife and three children, lured an innocent woman into marrying
SECRETARY; HON. ALBERT F. DEL him and misrepresented himself as a "bachelor" so he could contract marriage in a
ROSARIO, SECRETARY OF THE foreign land.
DEPARTMENT OF FOREIGN
AFFAIRS; HON. GEN. GREGORIO In Dantes v. Dantes,35 disbarment was imposed as a penalty on the respondent
PIO P. CATAPANG, CHIEF OF lawyer who maintained illicit relationships with two different women during the
STAFF OF THE ARMED FORCES subsistence of his marriage to the complainant. The Complainant's testimony, taken
OF THE PHILIPPINES; HON. in conjunction with the documentary evidence, sufficiently established that the
EMILIE FE DELOS SANTOS, CHIEF respondent breached the high and exacting moral standards set for members of the
CITY PROSECUTOR OF law profession.
OLONGAPO CITY; AND L/CPL
JOSEPH SCOTT PEMBERTON, In Villatuya v. Tabalingcos,36 the respondent lawyer was disbarred because he was
Respondent. found to have entered into marriage twice while his first marriage was still subsisting.
The Court declared that he exhibited a deplorable lack of that degree of morality
G.R. No. 202664, November required of him as a member of the Bar. He made a mockery of marriage, a sacred
20, 2015 - MANUEL LUIS C. institution demanding respect and dignity.
GONZALES AND FRANCIS
MARTIN D. GONZALES, In the case at bench, Atty. Dabon's misconduct and unrepentant demeanor clearly
Petitioners, v. GJH LAND, INC. showed a serious flaw in his character, his moral indifference to the sanctity of
(FORMERLY KNOWN AS S.J. marriage and marital vows, and his outright defiance of established norms. All these
LAND, INC.), CHANG HWAN JANG could not but put the legal profession in disrepute and place the integrity of the
A.K.A. STEVE JANG, SANG RAK administration of justice in peril. Accordingly, the Court finds the need for the
KIM, MARIECHU N. YAP, AND imposition of the extreme administrative penalty of disbarment.
ATTY. ROBERTO P. MALLARI II,
Respondent. WHEREFORE, finding the respondent Atty. Antolin Allyson M. Dabon, Jr. GUILTY of
Gross Immorality, the Court hereby DISBARS him from the practice of law.
G.R. No. 193821, November
23, 2015 - PHIL-AIR Let respondent's name be stricken from the Roll of Attorneys immediately. Furnish
CONDITIONING CENTER, the Bar Confidant, the Integrated Bar of the Philippines and all court throughout the
Petitioner, v. RCJ LINES AND country with copies of this Decision.
ROLANDO ABADILLA, JR.,
Respondent. SO ORDERED. chanroblesvirtuallawlibrary
 A.C. No. 8507, November 10, Sereno, CJ., Carpio, Velasco, Jr., Leonardo-De Castro, Brion, Peralta, Bersamin, Del
2015 - ELENA BIETE LEONES Castillo, Villarama, Jr., Perez, Mendoza, Reyes, Perlas-Bernabe, Leonen, and
VDA. DE MILLER, Complainant, v. Jardeleza, JJ., cocnur.
ATTY. ROLANDO B. MIRANDA,
Respondent.
Endnotes:

G.R. No. 211056, November

1Rollo, Vol. I, pp. 3-5.
10, 2015 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v.
BIENVENIDO REMEDIOS y 2 Id. at 6.
SARAMOSING, Accused-
Appellant. 3 As quoted in the complaint, rollo, Vol. I, p. 4.

G.R. No. 205915, November 4 Id. at 7-13.

10, 2015 - ASSET POOL A (SPV-
AMC), INC., Petitioner, v. CLARK
5 Id. at 27-30.
DEVELOPMENT CORPORATION,
Respondent. - JUDGMENT [BASED
6 Id. at 31-32.
ON COMPROMISE AGREEMENT]

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.

10Rollo, Vol. IV, pp. 302-304.

G.R. No. 201830, November
10, 2015 - OFFICE OF THE
11Rollo, Vol. I, p. 166.
OMBUDSMAN, REPRESENTED BY
HON. CONCHITA CARPIO
12Rollo, Vol. II, pp. 197-204.
MORALES, IN HER CAPACITY AS
TANODBAYAN, AND HON.
13 Id. at 204.
GERARD A. MOSQUERA, IN HIS
CAPACITY AS DEPUTY
14 Id. at 196.
OMBUDSMAN FOR LUZON,
Petitioners, v. ROGER F. BORJA,
Respondent.; G.R. NO. 201882 - 15Rollo, Vol. VI, p. 521.
LERMA S. PRUDENTE AND
DAMASO T. AMBRAY, Petitioners, 16Tiong v. Florendo, 678 Phil. 195 (2011).
v. ROGER F. BORJA, Respondent.

17Ui v. Bonifacio, 388 Phil. 691, 708 (2000).

G.R. No. 188372, November
25, 2015 - BEAMS PHILIPPINE
18 590 Phil. 270 (2008).
EXPORT CORPORATION,
Petitioner, v. MARIANITA
19Abella v. Barrios, A.C. No. 7332, June 18, 2013, 698 SCRA
CASTILLO AND NIDA QUIRANTE,
Respondents. 683, 692.

20Guevarra v. Eala, 555 Phil. 713, 724 (2007).

G.R. No. 195194, November
25, 2015 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. 21 Rollo, Vol. IV, pp. 305-308.
KAMAD AKMAD Y ULIMPAIN @
"MHADS" AND BAINHOR AKMAD 22Rollo, Vol. II, p. 201.
Y ULIMPAIN @ "BHADS,",
Accused-Appellants. 23 Id. at 201-202.
 G.R. No. 188118, November 24 Ui v. Bonifacio, supra note 17, at 706.
23, 2015 - FEDERAL PHOENIX
ASSURANCE CO., LTD., Petitioner, 25Figueroa v. Barranca, Jr., 342 Phil. 408, 412 (1997).
v. FORTUNE SEA CARRIER, INC.,
Respondent. 26Zaguirre v. Castillo, 446 Phil. 861, 867 (2003).

G.R. No. 207105, November

27Vitug v. Rongcal, 532 Phil. 615, 626-627 (2006).
10, 2015 - ARSENIO A. AGUSTIN,
Petitioner, v. COMMISSION ON
28 546 Phil. 431, 446-447 (2007).
ELECTIONS AND SALVADOR S.
PILLOS, Respondent.
29Ferancullo v. Ferancullo, Jr., 538 Phil. 501, 517 (2006).
G.R. No. 210616, November
25, 2015 - PEOPLE OF THE 30Re: Initial Report on the Grenade Incident, 419 Phil. 267
PHILIPPINES, Plaintiff-Appellee, v. (2001).
EDDIE SALIBAD Y DILO, Accused-
Appellant. 31 259 Phil. 278,283(1989).

G.R. No. 174115, November 32 117 Phil. 768, 776 (1963).

09, 2015 - PUNONGBAYAN AND
ARAULLO (P&A), BENJAMIN R.
33 213 Phil. 437, 440(1984).
PUNONGBAYAN., JOSE G.
ARAULLO, GREGORIO S.
34 481 Phil. 646 (2004).
NAVARRO, ALFREDO V. DAMIAN
AND JESSIE C. CARPIO,
35 482 Phil. 64 (2004).
Petitioners, v. ROBERTO PONCE
LEPON, Respondent.
36 A.C. No. 6622, July 10, 2012, 676 SCRA 37. cralawlawlibrary

G.R. No. 189229, November

23, 2015 - REYNALDO NOBLADO,
JIMMY ARAGON, ARTURO
MALAYO, MARCIANO VICTORIA,
ELINO DALANON, JOSE ESTRIL,
DOMINGO MALUPENG, ALFREDIE
CONCURRING OPINION
RAYTA, ROMULO RECOMES,
ADRIAN VERCELES, RUEL MAD
RON A, RUBEN MIRAFUENTES, LEONEN, J.:
ARNULFO MALAYO, JAIME
REMIAS, JELMER BEROLLA, EDIL
This court resolves an administrative Complaint for disbarment filed by
CASTILLO, FELICIDAD ROSIMA,
complainant Nelson P. Valdez (Nelson) against respondent Atty. Antolin
MITCHEL VICTORIA, DANIEL
Allyson M. Dabon, Jr., (Atty. Dabon) for gross immoral and indecent
MALUPENG, ZOSIMO RANAS,
conduct unbecoming of a member of the Bar.1
ROSIETA RAYTA, RAFAEL
TUMIMBANG, FLORENCIO
Nelson claims that he and his wife, Sonia Romero Valdez (Sonia), were
VICTORIA, ERNESTO VICTORIA,
CERIA ORTIZ, RAUL ADRA, AND married on January 28, 1998 in Paniqui, Tarlac.2 Sonia was a Court

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. 208842, November

Sonia felt ashamed of what had happened; thus, she kept the incident to
10, 2015 - PEOPLE OF THE
herself.10 She also feared the ramifications of the incident on her and her
PHILIPPINES, Plaintiff-Appellee, v.
family.11 Sonia asked Atty. Dabon to forget about the incident and leave
REYNALDO SIMBULAN ARCEO,
her alone. However, Atty. Dabon threatened her that he would tell
Accused-Appellant.
everyone they knew about it.12 From then on, Atty. Dabon was successful

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

employees of the judiciary as well as their spouses.16

G.R. No. 175378, November
11, 2015 - MULTI-
For his part, Atty. Dabon denies the allegations in the Complaint. He
INTERNATIONAL BUSINESS DATA
denies the acts constituting gross immoral conduct imputed by Nelson and
SYSTEM, INC., Petitioner, v. RUEL
Sonia. He also denies being attracted to Sonia and drugging and sexually
MARTINEZ, Respondent.
assaulting her.17 At most, they were just good friends.18 Atty. Dabon also
points to the alleged inconsistencies in the claims of Sonia and her
A.M. No. P-11-2992 (Formerly
A.M. No. 11-8-156-RTC), husband.19 Sonia's true feelings for him are evident in the cards she

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

plans to settle in the United States for good.23

G.R. No. 215471, November
23, 2015 - MARLOW NAVIGATION
Atty. Dabon also claims that Nelson and Sonia are good friends with the
PHILIPPINES INC., MARLOW
Court of Appeals Presiding Justice Ruben Reyes as Sonia had worked as
NAVIGATION CO. LTD./ CYPRUS,
Court Stenographer for him for three (3) years.24 The Presiding Justice
LIGAYA C. DELA CRUZ AND
had allegedly asked Atty. Dabon to resign, else cases would be filed
ANTONIO GALVEZ, JR.,
against him.25
Petitioners, v. BRAULIO A. OSIAS,
cralawred

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

G.R. No. 192629, November

25, 2015 - FILINVEST LAND, RESOLVED to unanimously DENY Respondent's Motion for

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

RODOLFO S. AMPARO, into consideration. Thus, Resolution No. XVIII-2008-653 dated

FLORDELIZA L. ARIAS, BALBINO December 11, 2008 is hereby AFFIRMED.32 cralawlawlibrary

M. ATIENZA, PEDRO M. ATIENZA,

DALMACIO C. AVANILLA, PASTOR
M. AVANILLA, VENACIO P. I concur with this court's finding that Atty. Dabon is guilty of gross

BAUTISTA, RODOLFO S. immoral conduct.33

BERGADO, ENRIQUE R.
BRABANTE, EMMA D. BUBAN, The ponencia declares that Atty. Dabon's illicit relationship with Nelson's
JUANITO A. CANDARE, ROMEO O. wife amounts to gross immoral conduct that transgresses the Code of
CANDARE, ANTONIO M. Professional Responsibility,34 thus: chanRoblesvirtualLawlibrary

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

FERNANDO B. CERNETCHEZ, fundamental ethics of his profession. Indeed, he has fallen

EDUARDO C. CREENCIA, ARNEL below the moral bar. Such detestable behavior warrants a

N. M. CREMA, REYNALDO B. disciplinary sanction. Even if not all forms of extramarital

CRISTAL, MOISES CUBCUBIN, relations are punishable under penal law, sexual relations

DELSO POBLETO, SALVADOR M. outside of marriage are considered disgraceful and immoral as

DE LEON, MELQUIADES P. they manifest deliberate disregard of the sanctity of marriage

DESCALSO, GREGORIO P. DINO, and the marital vows protected by the Constitution and

ROBERTO L. DOMINO, CELSO R. affirmed by our laws.35 cralawlawlibrary

ESCALLAR, ARMAND P.
ESCUADRO, ELISA C. FELICIANO,
PASTOR C. FERRER, ERLINDO M. However, the ponencia also declared that Sonia's claims of sexual

FORMARAN, LEONARDO D. assaults, threats, and intimidation are false: chanRoblesvirtualLawlibrary

GARINO, RAFAEL R. GRANADO,

ALMARIO IBANEZ, CASIMIRO P.
In light of the above disquisition, the Court finds Sonia's
IBANEZ, CEFERINO P. IBANEZ,
allegation that the illicit relationship was made possible by
MIGUEL V. IBANEZ, MONTANO V.
sexual assaults and maintained through threat and
IBANEZ, CESAR N. JECIEL,
intimidations, to be untrue. Certainly, a sexually abused
ALFREDO B. LAURENTE,
woman could not be expected to lavish her oppressor with
EFIGENIA B. LAURENTE, CELSO
expensive gifts or pay him affectionate compliments or words
C. MEDINA, EDUARDO A.
of endearment. The natural reaction of a victim of a sexual
PANGANIBAN, ROMEO C. molestation would be to avoid her ravisher. In this case,
PASCUA, DANILO L. PAULMINO, however, it appeared that Sonia continually remained in the
LAURO A. PEGA, LEONARDO M. company of Atty. Dabon for more than five years, even inviting
PEREZ, FELIPE V. PETATE, him for lunch-outs and frequenting his office to bring whenever
LEONARDO V. PETATE, the latter was preoccupied with his workload and could not go
ESTANISLAO PORTO, MAXIMO D. out with her to eat. Verily, Sonia's actuations towards Atty.
PORTO, GREGORIO L. REYES, Dabon are in stark contrast to the expected demeanor of one
JOSE L. REYES, LEONARDO M. who had been repeatedly sexually abused.
SALINGYAGA, DEMETRIO A.
SALONGA, MANOLITO G. Further, the Court cannot fathom why Sonia never reported the
SORILLA, HERMOGENES L. alleged sexual abuse to the police, if such was the truth. She
TORRES, JUANITO M. TORRES, could have placed the respondent behind bars and put an end
MARIANO B. TAGLE, MARIO D. to her claimed misery. Also, the Court cannot lend credence to
TAGLE, AND SANCHO V. VILLA, Sonia's claim that she merely succumbed to the respondent's
Respondents. sexual advances because of his continuous threats of public
exposure and humiliation. It must be stressed that Atty. Dabon
G.R. No. 185058, November would be in a much more precarious situation if he would carry
09, 2015 - JOVITA S. MANALO, out such threats, as this would exposed [sic] himself to
Petitioner, v. ATENEO DE NAGA countless criminal and administrative charges. The Court
UNIVERSITY, FR. JOEL TABORA believes that Nelson's allegation of sexual assaults and
AND MR. EDWIN BERNAL, continuing threat and intimidation was not established by clear
Respondent. and preponderant evidence. The Court is left with the most
logical conclusion that Sonia freely and wittingly entered into
G.R. No. 217380, November an illicit and immoral relationship with Atty. Dabon sans any
23, 2015 - PEOPLE OF THE threat and intimidation.36 (Emphasis supplied) cralawlawlibrary

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

exerted by one against the other. In Garcia v. Drilon,37 this court

G.R. No. 189509, November recognized the unequal power relationship between a man and a woman,
23, 2015 - METROPOLITAN BANK justifying the valid classification provided under Republic Act No.
& TRUST COMPANY, Petitioner, v. 9262:38chanroblesvirtuallawlibrary

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

positions, compared with men."39 (Emphasis in the original,

citations omitted) cralawlawlibrary

"Sexual harassment in the workplace is not about a man taking advantage

of a woman by reason of sexual desire - it is about power being exercised

by a superior officer over his women subordinates."40 The superior can

cause the removal of the subordinate from the workplace if the latter

refuses his or, in certain cases, her amorous advances.41 These acts,
which necessarily result in an intimidating, hostile, and offensive working

environment for subordinates, constitute sexual harassment.42

Under A.M. No. 03-03-13-SC (Re: Rule on Administrative Procedure in

Sexual Harassment Cases and Guidelines on Proper Work Decorum in the
Judiciary), work-related sexual harassment is defined as an act of: chanRoblesvirtualLawlibrary

an official or employee in the Judiciary who, having authority,

influence or moral ascendancy over another in a work
environment, demands, requests or otherwise requires any
sexual favor from the other, regardless of whether the
demand, request or requirement for submission is accepted by

the latter.43 cralawlawlibrary

It is committed when: chanRoblesvirtualLawlibrary

(a) The sexual favor is made as a condition in the hiring or in

the employment, re-employment or continued employment of
said individual, or in granting said individual favorable
compensation, terms, conditions, promotions, or privileges; or
the refusal to grant the sexual favor results in limiting,
segregating or classifying the employee which in any way
would discriminate, deprive or diminish employment
opportunities or otherwise adversely affect said employee. It
shall include, but shall not be limited to, the following modes:

1. Physical, such as malicious touching, overt

sexual advances, and gestures with lewd
insinuation.

2. Verbal, such as requests or demands for sexual

favors, and lurid remarks.

3. Use of objects, pictures or graphics, letters or

 written notes with sexual underpinnings.

4. Other acts analogous to the foregoing.

(b) The above acts would impair the employee's rights or

privileges under existing laws; or

(c) The above acts would result in an intimidating, hostile or

offensive environment for the employee.44 ChanRoblesVirtualawlibrary

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.

As the Integrated Bar of the Philippines found, Atty. Dabon refused to

accept that his relationship with Sonia had already ended, to the point of
harassing Sonia publicly several times: chanRoblesvirtualLawlibrary

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

the supposed harassment incidents.45 cralawlawlibrary

Conduct is immoral when it is "so willful, flagrant, or shameless as to

show indifference to the opinion of good and respectable members of the

community."46 Further: chanRoblesvirtualLawlibrary

[The] conduct [to warrant disciplinary action] must not only be

immoral, but grossly immoral. . . . [I]t must be 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."47 cralawlawlibrary

Good moral character is a continuing requirement to maintain one's good

standing in the legal profession.48 "It is the bounden duty of law
practitioners to observe the highest degree of morality in order to

safeguard the integrity of the Bar."49

There is no fixed standard of what constitutes gross immoral conduct, or

"moral delinquency and obliquity which render a lawyer unworthy of

continuing as a member of the bar."50 Hence, "what appears to be

unconventional behavior to the straight-laced may not be the immoral

conduct that warrants disbarment."51

Disbarment is clearly warranted for gross immoral conduct that entails

abuse of power of whatever kind or nature.

In Barrientos v. Daarol,52 the respondent was held guilty of gross immoral

conduct and was disbarred for inducing a female half his age to have
sexual relations with him after promising marriage, despite him being
married already, and later on abandoning the woman and his child.

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 Arnobit v. Arnobit,54 this court disbarred the respondent for

abandoning his wife and 12 children to cohabit with another woman.

In Garrido v. Garrido,55 two lawyers who engaged in an extra-marital

affair were disbarred since their actions established a "pattern of grave
and immoral misconduct that demonstrates their lack of mental and
emotional fitness and moral character to qualify them for the
responsibilities and duties imposed on lawyers as professionals and as

officers of the court."56

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

It is an outrage for herein respondent for the complainant and

Ms. Valdez to accuse him of sexually assaulting the latter.
There is absolutely no iota of truth to this incredible claim of
the Valdezes. Why would a man like the respondent, a married
lawyer at that with no prior encounter with the law, would
suddenly turn crazed with lust despite the aloofness and
coldness of Ms. Valdez towards him as alleged in her affidavit,
drugging her— then dragging her to his car and sexually
assaulting her in a motel? Is Ms. Valdez that irresistibly
attractive and compelling that would turn the
respondent into an unthinking sex pervert and criminal,
risking everything just to get her to satisfy his alleged

lust for her?58 (Emphasis in the original)

cralawlawlibrary

This statement is nothing but an attempt to obviate the consequence of

his actions by degrading the appearance of another human being. This
strongly reveals Atty. Dabon's character and the extent to which he is
willing to go to gain impunity for his infractions.

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.

ACCORDINGLY, I vote that respondent Atty. Antolin Allyson Dabon, Jr.

be DISBARRED and his name be stricken from the Roll of Attorneys.

Endnotes:

1 Ponencia, p. 1.

2Rollo, p. 3 and 6, Affidavit.

3 Id. at 3, Affidavit, and 526, Report and

Recommendation of the IBP.

4 Id. at 3-4, Affidavit and 525-526, Report and

Recommendation of the IBP.

5 Id.

6 Id. at 8, Affidavit.

7 Id.

8 Id.

9 Id.

10 Id.

11 Id. at 8-9, Affidavit.

12 Id. at 9.

13 Id.

14 Id.

15 Id. at 10.

16 Id. at 10-12.

17 Id. at 107-108, Comment.

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.

34 See CODE OF PROFESSIONAL RESPONSIBILITY,

Rule 1.01 and Rule 7.03.

35 Ponencia, p. 11.

36 Id. at 9.

37 G.R. No. 179267, June 25, 2013, 699 SCRA 352

[Per J. Perlas-Bernabe, En Bane].

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.

39Garcia v. Drilon, G.R. No. 179267, June 25,

2013, 699 SCRA 352, 411-412 [Per J. Perlas-
Bernabe, En Banc].

40 Palste v. Mamenta, Jr., 459 Phil. 10, 24 [Per

Curiam, En Banc].

41 Id.
 42 See Floralde v. Court of Appeals, 392 Phil. 146,
150 (2000) [Per J. Pardo, En Banc].

43 A.M. No. 03-03-13-SC (2004), sec. 3.

44 A.M. No. 03-03-13-SC (2004), sec. 4.

45 Ponencia, pp. 8-9.

46Zaguirre v. Castillo, 446 Phil. 861, 867 (2003)

[Per Curiam, En Banc], citing Narag v. Narag, 353
Phil. 643, 655 (1998) [Per Curiam, En Banc].

47 Id.

48Tiong v. Florendo, 678 Phil. 195, 199 (2011) [Per

J. Perlas-Bernabe, Third Division].

49 Id. at 199-200.

50Advincula v. Macabata, 546 Phil. 431, 442 (2007)

[Per J. Chico-Nazario, Third Division].

51 Id. at 443.

52 A.C. No. 1512 (Resolution), January 29, 1993,

218 SCRA 30 [Per Curiam, En Banc].

53 376 Phil. 336 (1999) [Per Curiam, En Banc].

54 590 Phil. 270 (2008) [Per Curiam, En Bane].

55 625 Phil. 347 (2010) [Per Curiam, En Banc].

56 Id. at 366.

57Rollo, p. 107.

58 Id. at 108.

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their relationship; that Atty. Dabon started pestering and threatening her through
phone calls and handwritten messages in vile attempts to persuade her to continue
their illicit affair; that despite their break-up, Atty. Dabon still pursued his lustful
quest by bringing her to Anito Motel, along Quirino Avenue on March 10, 2006, but
she foiled his plan when she went ballistic prompting the respondent to drive her
back to the CA; that on March 13, 2006, Atty. Dabon forcibly boarded her car and
pleaded for forgiveness and reconciliation but she remained firm in her resolve to end
the affair; that she had to seek the assistance of her officemates, Atty. Heiddi Venecia
Barrozo (Atty. Barrozo) and Atty. Aileen T. Ligot (Atty. Ligot), just to convince Atty.
Dabon to alight from her car as the said incident had already drawn the attention of
several employees within the vicinity of the CA parking lot; that Atty. Dabon used the
members of his staff to relay his messages and deliver his handwritten letters to her;
that Atty. Dabon, angered by her repeated rejection, went berserk and sent her a
letter which stated, among others, that he could no longer stand her constant
avoidance of him and that he would divulge their illicit relationship to her husband;
that it numbed her with fright, so she called Atty. Joy, without disclosing her identity,
and told her that Atty. Dabon was harassing an employee at the CA; that Atty. Dabon
sent a text message to Nelson telling him of the extramarital affair; that Atty. Joy
called up Nelson and informed him that her husband, Atty. Dabon, had confessed to
her the illicit relationship; and that when she was asked by Nelson, she initially
denied the affair for fear of reprisal but, afterwards, admitted the truth and explained
to him that she was merely a victim of Atty. Dabon's threat and intimidation which
led to their illicit relationship.

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.

The Position of Atty. Dabon

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

Philippines (IBP) for investigation, report and recommendation.11

After the parties had submitted their respective verified position papers, Investigating
Commissioner Manuel T. Chan (Investigating Commissioner Chan) of the IBP

Commission on Bar Discipline (IBP-CBD) rendered his Report and Recommendation,12

dated October 2, 2008, finding that the charge against respondent Atty. Dabon had
been sufficiently proven. The recommendatory portion of the report reads: chanRoblesvirtualLawlibrary

November-2015 Jurisprudence