This case is not novel. This Court has ruled that the extrajudicial dissolution of the conjugal partnership without judicial approval is void. 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 extrajudicially dissolving the conjugal partnership, which is exactly what OmaƱa did in this case.
In Selanova v. Judge Mendoza, 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; 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; 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; and preparing a document declaring the conjugal partnership dissolved (Espinosa v. Omana, A.C. No. 9081, October 12, 2011)
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