Case Digest (A.C. No. 7353)
Facts:
Nelson P. Valdez v. Atty. Antolin Allyson M. Dabon, Jr., A.C. No. 7353, November 16, 2015, the Supreme Court En Banc, Per Curiam. Complainant Nelson P. Valdez filed an administrative complaint for disbarment against respondent Atty. Antolin Allyson M. Dabon, Jr., then a Division Clerk of Court of the Court of Appeals, alleging gross immorality for maintaining an adulterous relationship with Nelson’s wife, Sonia Romero Valdez, and charging that the affair was made possible by sexual assaults and continued through threats and intimidation.Nelson’s September 13, 2006 Affidavit-Complaint alleged that Sonia confessed to an illicit relationship with Atty. Dabon spanning 2000–2006, and that Sonia later told him the liaison involved sexual assaults and coercion. Sonia’s own affidavit (also dated September 13, 2006) recounted an alleged November 13, 2000 incident in which Atty. Dabon drugged and sexually assaulted her at a motel and thereafter compelled sexual intercourse repeatedly through intimidation and threats; she said she ended the relationship in March 2006 but thereafter suffered harassment when the respondent sought reconciliation. Nelson appended corroborating affidavits from Sonia’s officemates (Atty. Barrozo and Atty. Ligot) and other witnesses (Ramos, Minerva), and quoted an alleged text from Atty. Dabon’s wife corroborating the affair.
Atty. Dabon vigorously denied the allegations in his Comment, characterizing the complaint as fabricated and motivated by vengeance; he denied sexual assault, threats and intimidation, maintained that he and Sonia were friends, and pointed to gifts, cards and visits from Sonia as inconsistent with her claim of being abused. He also argued that the earlier administrative complaint before the Court of Appeals did not allege sexual assault or coercion and that the more serious allegations were afterthoughts.
On August 15, 2007 the Court referred the matter to the Integrated Bar of the Philippines (IBP) for investigation. Investigating Commissioner Manuel T. Chan issued a Report and Recommendation dated October 2, 2008 finding the charge sufficiently proven and recommending disbarment. The IBP Board of Governors, by Resolution No. XVIII-2008-653 dated December 11, 2008, unanimously adopted the recommendation and disbarred respondent; the IBP denied Atty. Dabon’s motion for reconsideration in Resolution No. XX-2012-550 dated December 14, 2012.
The Supreme Court, ...(Pro-only)
Issues:
- Whether respondent committed grossly immoral conduct warranting disciplinary sanction.
- Whether Sonia’s allegations of sexual assault, threats, and intimidation were proved by clear preponderan...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)