21/03/2026
SC suspended a lawyer for notarizing the "KASUNDUAN NG PAGHIHIWALAY" |
The Supreme Court suspended a lawyer for preparing and notarizing a document that purported to dissolve a marriage, stressing that such acts violate legal ethics and public policy.
In A.C. No. 9081 (October 12, 2011), the Court found Atty. Julieta A. Omaña liable for violating Rule 1.01, Canon 1 of the Code of Professional Responsibility.
Spouses Rodolfo Espinosa and Elena Marantal sought legal advice on separation. Respondent prepared and notarized a “Kasunduan ng Paghihiwalay,” [see the full text in the comment ] which allowed them to separate, divide custody, and treat future properties as separate. The parties implemented the agreement believing it to be valid.
Respondent denied preparing the document and claimed it was notarized without her authority. The Integrated Bar of the Philippines rejected her defense and found her responsible.
The Court held that the agreement is void, reiterating that marriage and conjugal partnership cannot be dissolved extrajudicially. It emphasized that a lawyer must not facilitate such arrangements and that a notary public is personally accountable for notarized documents.
The Court stressed that respondent knew the agreement had “no legal effect and is against public policy,” yet still prepared and notarized it.
Preparing or notarizing a document that purports to dissolve a marriage extrajudicially constitutes unlawful and unethical conduct under Rule 1.01, Canon 1 of the Code of Professional Responsibility.
"[a] lawyer shall not engage in unlawful..conduct." the Decision reads.
Respondent was suspended from the practice of law for one (1) year. Her notarial commission was revoked, and she was suspended as notary public for two (2) years.
[A.C. No. 9081, Espinosa v. Omaña, October 12, 2011, Second Division, per Carpio, J.]