The sole issue in this case is whether Omaña violated the Canon of Professional Responsibility in the notarization of Marantal and Espinosa’s “Kasunduan Ng Paghihiwalay.”
The Ruling of this Court
We adopt the findings and recommendation of the IBP-CBD.
This case is not novel. This Court has ruled that the extrajudicial dissolution of the conjugal partnership without judicial approval is void.2 The Court has also ruled that a notary public should not facilitate the disintegration of a marriage and the family by encouraging the separation of the spouses and extrajudiciallydissolving the conjugal partnership,3 which is exactly what Omaña did in this case.
In Selanova v. Judge Mendoza,4 the Court cited a number of cases where the lawyer was sanctioned for notarizing similar documents as the contract in this case, such as: notarizing a document between the spouses which permitted the husband to take a concubine and allowed the wife to live with another man, without opposition from each other;5 ratifying a document entitled “Legal Separation” where the couple agreed to be separated from each other mutually and voluntarily, renouncing their rights and obligations, authorizing each other to remarry, and renouncing any action that they might have against each other;6 preparing a document authorizing a married couple who had been separated for nine years to marry again, renouncing the right of action which each may have against the other;7 and preparing a document declaring the conjugal partnership dissolved.8
We cannot accept Omaña’s allegation that it was her part-time office staff whonotarized the contract. We agree with the IBP-CBD that Omaña herself notarized the contract. Even if it were true that it was her part-time staff whonotarized the contract, it only showed Omaña’s negligence in doing hernotarial duties. We reiterate that a notary public is personally responsible for the entries in his notarial register and he could not relieve himself of this responsibility by passing the blame on his secretaries9 or any member of his staff.
We likewise agree with the IBP-CBD that in preparing and notarizing a void document, Omaña violated Rule 1.01, Canon 1 of the Code of Professional Responsibility which provides that “[a] lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.” Omaña knew fully well that the “Kasunduan Ng Paghihiwalay” has no legal effect and is against public policy. Therefore, Omaña may be suspended from office as an attorney for breach of the ethics of the legal profession as embodied in the Code of Professional Responsibility.10
WHEREFORE, we SUSPEND Atty. Julieta A. Omaña from the practice of law for ONE YEAR. We REVOKE Atty. Omaña’s notarial commission, if still existing, and SUSPEND her as a notary public for TWO YEARS.
Let a copy of this Decision be attached to Atty. Omaña’s personal record in the Office of the Bar Confidant. Let a copy of this Decision be also furnished to all chapters of the Integrated Bar of the Philippines and to all courts in the land.
SO ORDERED."
