ENGAGEMENT IN AN ILLICIT RELATIONSHIP CONSTITUTES GROSS IMMORAL

CONDUCT
Nelson P. Valdez vs. Atty. Antolin Allyson Dabon, Jr. Commented [SR1]: Guidelines
A.C. No. 7353, November 16, 2015
Per Curiam Commented [SR2]: Guidelines

FACTS:
Complainant Nelson P. Valdez charged respondent Atty. Antolin Allyson Dabon, Jr. with gross
immorality for carrying on an adulterous relationship with his complainant’s wife, Sonia Romero
Valdez and prayed for the disbarment of the respondent..

Complainant averred that he came to know of the illicit affair which spanned for 5 years after
receiving an anonymous text message. Sonia thereafter confessed her infidelity and but
described her extramaritalthe affair with respondent to have been asserted by sexual assaults
and maintained through intimidation and threats of exposure, humiliation and embarrassment.

Sonia narrated that her illicit relationship with respondent started when the respondent sexually
molested her while she was asleep. She pleaded with respondent to leave her but the latter
taunted her by laughing at her misery. Respondent threatened her that he would tell everyone
about their illicit relationship if she would refuse to satisfy his lascivious cravings.

Respondent posited that the allegations of the spouses were nothing but pure fabrications solely
intended denied the accusation claiming that the same was baseless and unfounded and that
the allegations of Nelson and Sonia were nothing but mere fabrication solely intended to malign
his name and honor. He further claimed that he and Sonia were just close friends, that it was
she who sent him cards and expensive gifts, and that it was highly improbable for him, a
married man, to abandon all care and sexually assault Sonia, “an ordinary plain looking 43-year
old woman with 2 teen-aged children.”

The IBP found and recommended that respondent was guilty of gross immoral conduct and be
disbarred and dropped from the Roll of Attorneys.recommended the disbarment of respondent
after finding him guilty of gross immoral conduct.

ISSUE:
Does engagement in an illicit relationship constitute gross immoral conduct?

HELD:
Yes, engagement in an illicit relationshipit constitutes gross immoral conduct.

A member of the bar and an officer of the court is not only required to refrain from adulterous
relationships or keeping a mistress but must also to behave himself as to avoid scandalizing the
public by creating the impression that he is flouting those moral standards. Consequently, any
errant behavior of the lawyer, be it in his public or private activities, which tends to show
deficiency in moral character, honesty, probity or good demeanor, is sufficient to warrant
suspension or disbarment.

To justify suspension or disbarment, the act complained of must not only be immoral,
but grossly immoral – one that is 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.
In the case at bench, respondent's intimate relationship with a woman other than his wife
showed his moral indifference to the opinion of the good and respectable members of the
community. It manifested his disrespect for the laws on the sanctity of marriage and for his own
marital vow of fidelity. It showed his utmost moral depravity and low regard for the fundamental
ethics of his profession. He has fallen below the moral bar. Sexual 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 Constitution and affirmed by our laws.

Thus, respondent commited gross immorality when he engaged in illicit affairs.Respondent is

guilty of gross immorality and be disbarred from the practice of law.