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ETHICS – Justice Hofilena reproduced and distributed


UNDERGROUND CASE DIGESTS without the permission of
the author.
Stemmerik v. Mas All lawyers take an oath to support the Constitution, to obey the laws and to do no
falsehood.21 That oath is neither mere formal ceremony nor hollow words. It is a
sacred trust that should be upheld and kept inviolable at all times.22
FACTS
Lawyers are servants of the law23 and the law is their master. They should not
Stemmerik is a citizen and resident of Denmark. In one of his trips in the simply obey the laws, they should also inspire respect for and obedience thereto by
Philippines, he met Atty. Mas. Since he was marveled at the beauty of the serving as exemplars worthy of emulation. Indeed, that is the first precept of the
country, he wanted to buy a real property and consulted Atty. Mas. The latter Code of Professional Responsibility:
told Stemmerik that he could legally acquire a real property in the Phils. and
even suggested a 86K hectare land in Subic, Zambales. Atty. Mas, as the atty.-
in-fact of Stemmerik bought the property from a certain Bonifacio de Mesa. The
contract to sell provided that De Mesa sold the property to Ailyn Gonzales for
3.8M. Then, in another notarized deed made by Atty. Mas, it was stated that Digest by Cates
Gonzales received the funds from Stemmerik. In preparing all these documents,
Atty. Mas received 400K fee from Stemmerik. The latter also gave Atty. Mas, the
3.8M purchase price to which the latter issued a receipt.

Suddenly, Atty. Mas become scarce and no longer answer the calls of
Stemmerik. When Stemmerik visited the Phils, he engaged the service of the
Fernandez Law Office and found out the subject property is inalienable, being
located in the former U.S. military reservation. Also, he was apprised that aliens
cannot own real properties in the Phils.

Meanwhile, Atty. Mas had already abandoned his office and his whereabouts is
unknown. Stemmerik filed an action for disbarment against Atty. Mas before the
Commission on Bar Discipline but Atty. Mas never appeared.

ISSUE: WON Atty. Mas should be disbarred?

HELD:

YES!!! Lawyers, as members of a noble profession, have the duty to promote


respect for the law and uphold the integrity of the bar. As men and women
entrusted with the law, they must ensure that the law functions to protect liberty
and not as an instrument of oppression or deception.

Respondent has been weighed by the exacting standards of the legal profession and
has been found wanting.

Respondent committed a serious breach of his oath as a lawyer. He is also


guilty of culpable violation of the Code of Professional Responsibility, the
code of ethics of the legal profession.

By making it appear that de Mesa undertook to sell the property to complainant and
that de Mesa thereafter sold the property to Gonzales who made the purchase for
and in behalf of complainant, he falsified public documents and knowingly violated
the Anti-Dummy Law.

Page 1 of 1 | ALBERTO ANBOCHI ATILLO AVILA CHUA GUERRERO DELA ROSA MIRANDA REVOTE REYES SALVADOR SUAREZ SULIT TAYAG

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