G.R. No. A.C. No. 7353. November 16, 2015.
NELSON P. VALDEZ, Complainant, vs. ATTY. ANTOLIN ALLYSON DABON, JR., Respondent.

FACTS

Complainant Nelson P. Valdez filed an administrative complaint for disbarment against respondent Atty. Antolin Allyson M. Dabon, Jr. for gross immoral and indecent conduct. Nelson claimed he was married to Sonia Romero Valdez on January 28, 1998. Sonia, a former Court of Appeals stenographer, admitted to having an adulterous relationship with Atty. Dabon, a Division Clerk of Court at the same court, from 2000 to 2006. According to Nelson, Sonia stated the illicit affair began through Atty. Dabon’s sexual assaults, intimidation, and threats. In her attached affidavit, Sonia alleged that on November 13, 2000, Atty. Dabon drugged her during a lunch, causing her to become unconscious, and then sexually assaulted her in a motel. She claimed she kept the incident secret out of shame and fear, and that Atty. Dabon subsequently threatened to expose her, leading to a consensual sexual relationship that continued for years until she ended it in March 2006.
Atty. Dabon denied all allegations, claiming he and Sonia were merely good friends. He pointed to inconsistencies in the claims and presented evidence of affectionate cards, expensive gifts, and shared time, including a trip to the United States, from Sonia, arguing these were inconsistent with a victim’s behavior. He also alleged that Sonia became emotionally dependent on him and acted strangely upon learning of his plans to settle abroad, and that the complaint was influenced by their mutual connections with Court of Appeals Presiding Justice Ruben Reyes.
The Integrated Bar of the Philippines (IBP) Investigating Commissioner found Atty. Dabon guilty of gross immoral conduct and recommended disbarment. The IBP Board of Governors adopted this recommendation and denied Atty. Dabon’s motion for reconsideration.

ISSUE

Whether Atty. Antolin Allyson Dabon, Jr. should be held administratively liable for gross immoral conduct based on his illicit relationship with a married woman.

RULING

The Concurring Opinion of Justice Leonen agrees with the ponencia‘s finding that Atty. Dabon is guilty of gross immoral conduct warranting disciplinary sanction. The ponencia held that Atty. Dabon’s intimate relationship with a woman other than his wife demonstrated moral indifference, disrespect for the sanctity of marriage, and a low regard for professional ethics, constituting gross immoral conduct that transgresses the Code of Professional Responsibility.
However, the ponencia specifically found Sonia’s allegations of initial sexual assault, threats, and intimidation to be untrue. It reasoned that a victim of sexual abuse would not lavish her oppressor with gifts and affectionate compliments, remain in his company for over five years, or fail to report the abuse to authorities. The Court concluded that Sonia freely and willingly entered into the illicit relationship without any threat or intimidation.
Thus, while the specific aggravating circumstances of assault and coercion were not proven, the consensual adulterous relationship itself constituted gross immoral conduct sufficient to justify Atty. Dabon’s disbarment.