FACTS:

Rodolfo A. Espinosa and Maximo A. Glindo filed a complaint for disbarment against Atty. Julieta A. Omaña, alleging that she violated her oath as a lawyer, engaged in malpractice, and committed gross misconduct in office. Complainants claimed that they sought Omaña's legal advice on whether they could legally live separately and dissolve their marriage. Omaña prepared a document entitled "Kasunduan Ng Paghihiwalay" (contract) which stated their agreement to separate. Complainants implemented the terms of the contract, but Marantal eventually took custody of their children and most of the property they acquired. Espinosa consulted Glindo, a law graduate, who informed him that the contract was not valid. Espinosa and Glindo then hired a lawyer and filed a complaint against Omaña. Omaña denied preparing the contract and alleged that Espinosa persuaded her office staff to notarize the document without her knowledge or consent. Omaña presented Marantal's affidavit and a letter of apology from her staff to support her defense. The Integrated Bar of the Philippines Commission on Bar Discipline (IBP-CBD) found that Omaña violated the Code of Professional Responsibility and recommended her suspension for one year from the practice of law and two years as a notary public. The IBP Board of Governors adopted and approved this recommendation. Omaña filed a motion for reconsideration, but it was denied. The issue raised in this case is whether Omaña violated the Canon of Professional Responsibility in notarizing the "Kasunduan Ng Paghihiwalay." The Court agreed with the IBP-CBD's findings that Omaña violated the Code of Professional Responsibility and suspended her from the practice of law for one year. The Court also revoked Omaña's notarial commission and suspended her as a notary public for two years.

ISSUES:

1. Whether or not Atty. Julieta A. Omaña violated the Canon of Professional Responsibility in the notarization of the "Kasunduan Ng Paghihiwalay."

RULING:

1. Atty. Julieta A. 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 prepared and notarized a void document, the "Kasunduan Ng Paghihiwalay," which has no legal effect and is against public policy. Omaña is suspended from the practice of law for one year and her notarial commission is revoked, if it still exists. She is also suspended as a notary public for two years.

PRINCIPLES:

• A notary public is personally responsible for the entries in his notarial register and cannot pass the blame on his secretaries or any member of his staff.

• The extrajudicial dissolution of the conjugal partnership without judicial approval is void.

• A notary public should not facilitate the disintegration of a marriage and the family by encouraging the separation of the spouses and extrajudicially dissolving the conjugal partnership.

• A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.