Kupers vs.
Melchior and Karl Novak (German) - All documents
Hontanosas AC no. also notarized by Hontanosas
5704 May 8, 2009 J.
Tinga
February 10,
2003
FACTS April - The SC referred the case to IBP for investigation,
15, 2002
report, and recommendation
- Atty. Kupers filed a complaint against Atty. - Commissioner Aguila found that Hontanosas
Hontanosas - It alleged the prepared and notarized contracts that VIOLATED
that Hontanosas had: PD 471
- prepared and notarized contracts that are - Leases of private lands cannot exceed 25 years,
both invalid and illegal as these contracts renewable for another 25 years - Other charges were
violated the limitations on aliens leasing not proven - Commissioner recommended suspension
private lands - served conflicting interests of 2
since he months from the practice of law
performed legal services for adverse parties; -
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refused to furnish copies of the contracts he February 27,
er as
notarized to the parties thereof; - notarized 2004
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documents without keeping - IBP Board of Governors disregarded the
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copies thereof - failed to properly discharge his recommendation and dismissed the complaint out of
duty to his
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compassion - IBG BG said that suspension was not
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client Karl Novak, particularly when warranted
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respondent allegedly refused to accept his because Hontanosas did not really perform an illegal
dismissal as counsel for Novak, failed to turn act
over Novak’s documents thereafter, handled
legal matters without adequate preparation, - Not illegal per se since the contract reflected the agreement
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betrayed Novak’s trust and refused to see between the parties w/o considering the legality of the situation
ISSUE: W/N the IBP Board of Governors erred in dismissing
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Novak with a translator of Novak’s choice.
the complaint? - YES
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Contracts in question
Lawyers have a duty to their clients, to the court, to the bar,
- Hontanosas as counsel for Spouses Busse and to the public.
- Prepared a memorandum of agreement
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- Promote not only the interest of their clients but also
between Sps. Busse and attain the ends of justice by maintaining respect for
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Hochstrasser (Swiss) the legal professions
- Horchstrasser to lease Alcoy, Cebu
property for 50 years, renewable SC review found most of the charges unsupported by
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for another 50 years evidence.
- Kupers alleges CONFLICT
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OF INTEREST since Sps. Busse and However, administrative cases against lawyers are sui
Horchstrasser were BOTH CLIENTS of generes and as such the complainant in the case need not be
Hontanosas - Prepared a lease contract the aggrieved party.
between Sps.
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- The charge of DRAFTING and NOTARIZING contracts
Busse and Karl Emberger (Swiss) in CONTRAVENTION of the law holds
over another parcel of land in Alcoy, weight
Cebu
- Emberger to lease property for 49 A plain reading of the contracts show that they violate RA 7652
years, renewable for another 49 years - Drafted 2 ( "An Act Allowing The Long-Term Lease of Private Lands by
deeds of sale over the leased properties to Naomie Foreign Investors.") which allows:
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- Lease for original period of 50 years, renewable for
RULING: SC revises the suspension period from 2 months to
another 25 6 months with a warning.
years
- Much less than stipulated in the contracts - HeFullhas
Dispositive Portion: WHEREFORE, respondent Atty.
caused his client to violate Sec. 7 of RA 7652 Johnson B. Hontanosas, is found GUILTY of violating the
lawyer’s oath and gross misconduct. He is SUSPENDED from
(see notes)
the practice of law for six (6) months with a WARNING that a
repetition of the same or similar act will be dealt with more
In Preparing and Notarizing these contracts, he has severely. Respondent’s suspension is effective upon notice
also violated: hereof. Let notice of this Resolution be spread in respondent’s
- ATTORNEY’S OATH record as an attorney in this Court, and notice of the same
served on the Integrated Bar of the Philippines and on the
- “obey the laws of the Philippines” - CANON 1 of the
Office of the Court Administrator for circulation to all the courts
Code of Professional Responsibility
concerned.
- "a lawyer shall uphold the constitution, obey the
laws of the land and promote respect for law and
Notes: RA 7652 Sec. 7. Penal Provision. — Any contract or
legal processes." - RULE 1.02 under Canon 1: "A
agreement made or executed in violation of any of the
lawyer shall not
following prohibited acts shall be null and void ab initio and
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er as
counsel or abet activities aimed at defiance
both contracting parties shall be punished by a fine of not less
of the law or at decreasing confidence in the legal than One Hundred
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systems." - CANON 15 thousand pesos (₱100,000) nor more than One million pesos
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- A lawyer shall observe candor, fairness and (₱1,000,000), or imprisonment of six (6) months to (6) years, or
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both, at the discretion of the court: (1) Any provision in the
loyalty in all his dealings and transactions with
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his clients - RULE 15.07 under Canon 15: A
lease agreement stipulating a lease period in excess of that
provided in paragraph (1) of Section 4; (2) Use of the leased
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lawyer shall
premises for the purpose contrary to existing laws of the land,
impress upon his client compliance with the laws and public order, public policy, morals, or good customs; (3) Any
principles of fairness - CANON 17 agreement or agreements resulting is the lease of land in
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- A lawyer owes fidelity to the cause of his excess of the area approved by the DTI: Provided, That, where
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client and he shall be mindful of the trust and confidence the excess of the totality of the area leased is due to the acts of
the lessee, the lessee shall be held solely liable therefor:
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reposed in him - GROSS MISCONDUCT under Sec 27,
Rule 138 ROC Provided, further, That, in the case of corporations,
associations, or partnerships, the president, manager, director,
- SEC. 27. Disbarment or suspension of
trustee, or officers responsible for the violation hereof shall
attorneys by Supreme Court, grounds bear the criminal liability.
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therefor. ― A member of the bar may be
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disbarred or suspended from his office as
attorney by the Supreme Court for any
deceit, malpractice, or other gross
misconduct in such office, grossly immoral
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conduct, or by reason of his conviction of a
crime involving moral turpitude, or for any
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violation of the oath which he is required to
take before admission to practice, or for a
wilful disobedience appearing as an attorney
for a party to a case without authority so to
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do.
The supreme penalty of disbarment is meted out only in clear
cases of misconduct that seriously affect the standing and
character of the lawyer as an officer of the court.
- we will also not disbar him where a
lesser penalty will suffice to accomplish the desired end.
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