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JurisprudenceA.C. No. 7353

A.C. No. 7353 - NELSON P. VALDEZ, COMPLAINANT, VS. ATTY. ANTOLIN ALLYSON DABON, JR..D E C I S I O N - Supreme Court E-Library

En Banc

Cited Laws

RA 37RA 352,RA 683,RA 352RA 9262RA 30
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TL;DR — Ruling

WHEREFORE, this Commissioner, after a thorough and exhaustive review of the facts and applicable legal provisions, recommends that respondent be found guilty of gross immoral conduct and, accordingly, be disbarred and dropped from the Roll of Attorneys. [13] On December 11, 2008, the Board of Governors of the IBP adopted and approved the recommendation and issued Resolution No.

Decision

Ruling

WHEREFORE, this Commissioner, after a thorough and exhaustive review of the facts and applicable legal provisions, recommends that respondent be found guilty of gross immoral conduct and, accordingly, be disbarred and dropped from the Roll of Attorneys. [13] On December 11, 2008, the Board of Governors of the IBP adopted and approved the recommendation and issued Resolution No. XVIII-2008-653, the pertinent portion of which reads: RESOLVED to ADOPT and APPROVE, as it is hereby unanimously ADOPTED and APPROVED the Report and Recommendation of the Investigating Commissioner of the above-entitled case, herein made part of this Resolution as Annex "A"; and, finding the recommendation fully supported by the evidence on record and the applicable laws and rules, and finding Respondent guilty of gross immoral conduct, Atty. Antolin Allyson M. Dabon, Jr. is hereby DISBARRED and his name be stricken off from the Roll of Attorneys. [14] Atty. Dabon filed a motion for reconsideration of Resolution No. XVIII-2008-653, but it was denied by the IBP Board of Governors in its Resolution No. XX-2012-550, [15] dated December 14, 2012. After due consideration, the Court resolves to adopt the findings and recommendation of the IBP-CBD. Lawyers have been repeatedly reminded by the Court that possession of good moral character is both a condition precedent and a continuing requirement to warrant admission to the Bar and to retain membership in the legal profession.This proceeds from the lawyer's bounden duty to observe the highest degree of morality in order to safeguard the Bar's integrity, [16] and the legal profession exacts from its members nothing less. Lawyers are called upon to safeguard the integrity of the Bar, free from misdeeds and acts constitutive of malpractice. Their exalted positions as officers of the court demand no less than the highest degree of morality. [17] The Court explained in Arnobit v. Atty. Arnobit [18] that "as officers of the court, lawyers must not only in fact be of good moral character but must also be seen to be of good moral character and leading lives in accordance with the highest moral standards of the community. 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 so 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. [19] In the case at bench, the Court subscribes to the IBP's opinion that there was substantial evidence showing that Atty. Dabon did have an illicit relationship with Nelson's legal wife. To begin with, the Court notes from the respondent's Comment that he appeared to be perplexed as to whether or not he would admit his extramarit