In Valdez v. Dabon, Jr., the Supreme Court affirmed the disbarment of Atty. Antolin Allyson M. Dabon, Jr., a Division Clerk of Court at the Court of Appeals, for engaging in an adulterous relationship. This ruling reinforces the high ethical standards demanded of lawyers, emphasizing that moral character is a prerequisite for maintaining membership in the legal profession. The decision underscores that any behavior, whether public or private, that reflects poorly on a lawyer’s moral character can lead to disciplinary action, including disbarment.

When Professionalism Falters: Examining an Attorney’s Adulterous Conduct and Its Consequences

The case began when Nelson P. Valdez filed an administrative complaint against Atty. Antolin Allyson M. Dabon, Jr., accusing him of having an adulterous relationship with his wife, Sonia Romero Valdez. Nelson claimed that this relationship involved sexual assaults and was maintained through threats and intimidation. Sonia, who worked as a Court Stenographer at the Court of Appeals, initially denied the affair but later confessed when confronted with evidence, detailing a years-long relationship with Atty. Dabon. The key issue before the Supreme Court was whether Atty. Dabon’s actions constituted gross immorality, warranting disbarment from the practice of law.

In his defense, Atty. Dabon denied the charges, asserting that the allegations were fabricated to tarnish his reputation. He argued that Nelson lacked personal knowledge of the alleged illicit relationship and relied heavily on Sonia’s inconsistent and improbable claims. Atty. Dabon also pointed out that the initial administrative complaint filed by Nelson before the Court of Appeals did not include allegations of sexual assault or threats, suggesting these were later additions to strengthen the case against him. In essence, Atty. Dabon portrayed himself as a victim caught in the crossfire of a troubled marriage, denying any wrongdoing and painting his relationship with Sonia as merely a close friendship.

The Integrated Bar of the Philippines (IBP) investigated the matter, and its Investigating Commissioner found sufficient evidence to support the charge of gross immoral conduct against Atty. Dabon. The IBP’s report highlighted that Atty. Dabon’s initial response was a blanket denial of any romantic involvement, yet he seemed to tacitly admit to an affair without the elements of sexual assault or coercion. This ambivalence in his defense was interpreted as a negative pregnant, where a denial implies an admission of the underlying facts. The IBP also considered the personal and intimate messages in notes and cards sent by Sonia to Atty. Dabon, as well as gifts she gave him, as further evidence of a consensual romantic relationship.

The Supreme Court, in its decision, adopted the findings and recommendation of the IBP. The Court emphasized that lawyers must maintain a high degree of morality to safeguard the integrity of the Bar. As officers of the court, lawyers must not only be of good moral character but also be seen to be leading lives in accordance with the highest moral standards of the community. Any behavior that demonstrates a deficiency in moral character, honesty, or good demeanor is sufficient to warrant disciplinary action. The Court quoted Arnobit v. Atty. Arnobit, stating that lawyers must avoid actions that scandalize the public and create the impression of flouting moral standards.

The Court found that Atty. Dabon’s intimate relationship with a woman other than his wife demonstrated a moral indifference to the community’s standards and a disrespect for the sanctity of marriage. While the Court acknowledged that Sonia’s allegations of sexual assault and intimidation were not convincingly proven, the consensual nature of the affair was sufficient to establish gross immorality. The Court referenced the Code of Professional Responsibility, which mandates that lawyers must not engage in unlawful, dishonest, immoral, or deceitful conduct and must uphold the integrity and dignity of the legal profession.

The Supreme Court underscored the gravity of Atty. Dabon’s misconduct. Maintaining an illicit relationship constitutes a breach of professional ethics, warranting disciplinary action. To justify suspension or disbarment, the act complained of must not only be immoral but grossly immoral, which includes actions so corrupt as to constitute a criminal act or so unprincipled as to be reprehensible to a high degree. Such conduct must be willful, flagrant, or shameless, demonstrating indifference to the opinion of good and respectable members of the community. The Court emphasized that even if not all forms of extramarital relations are punishable under penal law, sexual relations outside of marriage are considered disgraceful and immoral, as they manifest a deliberate disregard of the sanctity of marriage and marital vows.

In determining the appropriate sanction, the Court considered several factors, including the protection of the public, the preservation of the integrity of the profession, and the deterrence of similar misconduct by other lawyers. The penalty for maintaining an illicit relationship can range from suspension to disbarment, depending on the circumstances of the case. The Court cited several precedents where lawyers were disbarred for abandoning their lawful wives and engaging in adulterous relationships, highlighting the serious consequences of such misconduct. Citing Advincula v. Macabata, the Court stated:

Xxx. “When deciding upon the appropriate sanction, the Court must consider that the primary purposes of disciplinary proceedings are to protect the public; to foster public confidence in the Bar; to preserve the integrity of the profession; and to deter other lawyers from similar misconduct. Disciplinary proceedings are means of protecting the administration of justice by requiring those who carry out this important function to be competent, honorable and reliable men in whom courts and clients may repose confidence. While it is discretionary upon the Court to impose a particular sanction that it may deem proper against an erring lawyer, it should neither be arbitrary and despotic nor motivated by personal animosity or prejudice, but should ever be controlled by the 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 court, to his client, to his brethren in the profession and to the public.

The power to disbar or suspend ought always to be exercised on the preservative and not on the vindictive principle, with great caution and 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 officer of the court and member of the Bar. Only those acts which cause loss of moral character should merit disbarment or suspension, while those acts which neither affect nor erode the moral character of the lawyer should only justify a lesser sanction unless they are of such nature 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 the motivation which induced the lawyer to commit it must be clearly demonstrated before suspension or disbarment is meted out. The mitigating or aggravating circumstances that attended the commission of the offense should also be considered.

Given Atty. Dabon’s misconduct and unrepentant demeanor, the Supreme Court determined that the extreme penalty of disbarment was warranted. The Court found that his actions demonstrated a serious flaw in his character, moral indifference to the sanctity of marriage, and outright defiance of established norms, which could bring the legal profession into disrepute and jeopardize the integrity of the administration of justice.

FAQs

What was the key issue in this case?	The central issue was whether Atty. Dabon’s adulterous relationship constituted gross immorality, justifying his disbarment from the practice of law. The Supreme Court examined the ethical standards expected of lawyers and the consequences of violating those standards.
What is “gross immorality” in the context of legal ethics?	“Gross immorality” refers to conduct that is so corrupt, unprincipled, or scandalous that it shocks the common sense of decency. It is willful, flagrant, or shameless behavior that demonstrates indifference to the opinion of respectable members of the community.
What is a “negative pregnant”?	A “negative pregnant” is a denial that implies an admission of the underlying facts. In this case, Atty. Dabon’s denial of a forced illicit relationship was interpreted as an admission of a consensual affair.
Why did the Court disbelieve the claims of sexual assault?	The Court found it inconsistent that Sonia would lavish her alleged oppressor with gifts and affectionate messages. Such behavior is not typical of a victim of sexual molestation.
What ethical rules did Atty. Dabon violate?	Atty. Dabon violated Rule 1.01 (unlawful, dishonest, immoral, or deceitful conduct), Canon 7 (upholding the integrity of the legal profession), and Rule 7.03 (conduct adversely reflecting on fitness to practice law) of the Code of Professional Responsibility.
What factors did the Court consider when determining the sanction?	The Court considered the need to protect the public, foster confidence in the Bar, preserve the integrity of the profession, and deter similar misconduct by other lawyers. The severity of the misconduct and the lawyer’s demeanor were also taken into account.
Can extramarital affairs lead to disbarment?	Yes, extramarital affairs can lead to disbarment if they are considered “grossly immoral” and demonstrate a disregard for the sanctity of marriage and marital vows. The specific circumstances of each case are considered.
What is the significance of good moral character for lawyers?	Good moral character is both a condition precedent for admission to the Bar and a continuing requirement for maintaining membership in the legal profession. Lawyers must uphold the highest degree of morality to safeguard the integrity of the Bar.
What does the dissenting opinion say?	Justice Leonen agreed with the disbarment. She emphasized the power dynamic and unequal power relationship. It also made clear the extent to which Atty. Dabon would go to gain impunity for his infractions.

The disbarment of Atty. Dabon serves as a stern reminder to all members of the legal profession about the importance of upholding the highest standards of morality and ethics. Lawyers are expected to be exemplars of ethical conduct, both in their professional and personal lives, and any deviation from these standards can have serious consequences.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: NELSON P. VALDEZ VS. ATTY. ANTOLIN ALLYSON DABON, JR., A.C. No. 7353, November 16, 2015