Valdez v. Dabon

A.M. No. CA-07-21-P · 2007-06-22 · J. YNARES-SANTIAGO, J.: · Primary: Ethics; Secondary: Civil
REITERATION

Facts

The Antecedents: This case involves a complaint for Gross Immorality, Gross Violation of Administrative Matter No. 99-12-08-SC, and falsification and/or misrepresentation filed by Nelson P. Valdez against Atty. Antolin Allyson M. Dabon, Jr., then Division Clerk of Court of the Court of Appeals. The complainant alleged that respondent engaged in an illicit relationship with his wife, Sonia Valdez, for approximately five years, from November 2000 to March 2006. The complaint further detailed instances of harassment by the respondent towards Sonia Valdez, including taking her to a motel against her will and forcibly boarding her car. Additionally, the complainant alleged that respondent surreptitiously left for the United States without securing the necessary travel authority from the Supreme Court, and misrepresented his status as a government employee on his embarkation card. Procedural History: The administrative case was assigned to Court of Appeals Associate Justice Rosalinda Asuncion-Vicente for investigation. Multiple attempts were made to serve orders and notices upon respondent Atty. Dabon at his Philippine addresses, but he was reportedly in the United States and his household staff and building guards refused to accept the documents. Service was also attempted via courier to his US address, which was also unsuccessful. The Investigating Justice issued several orders directing respondent to file an answer, and upon repeated failure to serve him and his continued evasion, the case was deemed submitted for resolution. The Investigating Justice found substantial evidence of an illicit relationship and a violation of Administrative Matter No. 99-12-08-SC. The Investigating Justice recommended a fine equivalent to six months' salary, but the Supreme Court found this penalty insufficient. The Petition: The Supreme Court, adopting the factual findings of the Investigating Justice, found Atty. Dabon guilty of Gross Immoral Conduct and Violation of Adm. Matter No. 99-12-08-SC. The Court noted that respondent's conduct was aggravated by his continued refusal to comply with court processes, his unauthorized trip abroad, and his evasion of the proceedings. Considering the gravity of the offense and citing previous cases involving similar infractions, the Court ordered Atty. Dabon to pay a fine equivalent to his salaries for one year, to be taken from any accrued benefits, with forfeiture of all benefits, and barred him from any employment in all government branches, including government-owned or controlled corporations. This decision was rendered despite respondent's resignation from his position.

Issue(s)

Whether respondent Atty. Antolin Allyson M. Dabon, Jr. is guilty of Gross Immorality. Whether respondent Atty. Antolin Allyson M. Dabon, Jr. violated Administrative Matter No. 99-12-08-SC by traveling abroad without the requisite authority. Whether respondent Atty. Antolin Allyson M. Dabon, Jr. committed falsification and/or misrepresentation.

Ruling

The Supreme Court found Atty. Antolin Alysson M. Dabon, Jr. GUILTY of Gross Immoral Conduct and Violation of Adm. Matter No. 99-12-08-SC. He was ordered to PAY a fine equivalent to his salaries for one year, to be taken from whatever sums due him as accrued leaves, with forfeiture of all benefits. He is also barred from any employment in all government branches, including government-owned or controlled corporations.

Ratio Decidendi

On the issue of Gross Immorality: The Court found substantial evidence that respondent maintained an illicit relationship with complainant's wife, Sonia Valdez, from November 2000 to March 2006. This relationship, spanning five years, was conducted under circumstances that shocked the common sense of decency. As a Division Clerk of Court, respondent was expected to comport himself with dignity and propriety, a standard he failed to meet. His persistence in the affair, even after Sonia's desire to end it, and his actions such as forcibly boarding her car and taking her to a motel against her will, demonstrated a disregard for the norms of decency and the high moral standards expected of court employees. The Court emphasized that the exacting standards of ethics and morality are required to maintain public faith in the judiciary. On the issue of Violation of Administrative Matter No. 99-12-08-SC: The Court affirmed that respondent violated Adm. Matter No. 99-12-08-SC by leaving for the United States on May 16, 2006, without securing the requisite travel authority from the Supreme Court. His application for leave, filed on May 8, 2006, remained unacted upon, indicating his departure was unauthorized. This unauthorized trip, coupled with his eventual resignation, was considered by the Court as a desperate attempt to avoid facing the consequences of his indiscretion. The Court cited previous cases where similar infractions led to severe penalties, including dismissal. On the issue of Falsification and/or Misrepresentation: The Court agreed with the Investigating Justice that respondent did not act with malice when he indicated in his embarkation card that he was a lawyer without disclosing his status as a government employee. While this was a violation, it was not considered an act of falsification with intent to deceive in this particular instance, though it was linked to his unauthorized travel. The primary offenses were gross immorality and the violation of travel regulations.

Main Doctrine

Maintaining an illicit relationship while married constitutes gross immoral conduct, and traveling abroad without the requisite authority is a violation of administrative rules, warranting administrative sanctions.

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