Case Summary (A.C. No. 9081)
Antecedent Facts
On November 17, 1997, Espinosa and Marantal sought legal advice from Atty. Omaaa concerning the dissolution of their marriage solemnized on July 23, 1983. Omaaa prepared a document titled "Kasunduan Ng Paghihiwalay," outlining the agreed terms of separation, including custody arrangements for their children and division of property. Espinosa and Marantal believed the contract was valid and began to implement its terms. However, after consulting Glindo, Espinosa discovered that the contract had no legal standing, leading to the filing of a disbarment complaint against Omaaa before the Integrated Bar of the Philippines Commission on Bar Discipline (IBP-CBD).
Respondent's Defense
In response to the allegations, Atty. Omaaa asserted that the notarized contract was improperly executed, claiming she had denied assistance with the document and that her part-time staff had fraudulently notarized it in her absence. Omaaa presented an affidavit from Marantal to support her defense and a letter from her staff admitting to notarizing the document without her consent. She contended that Espinosa had taken advantage of her office staff to have the document notarized unlawfully.
IBP-CBD Findings
The IBP-CBD concluded that Atty. Omaaa violated Rule 1.01, Canon 1 of the Code of Professional Responsibility, by engaging in unlawful and dishonest conduct. The Commission noted discrepancies in Atty. Omaaa’s defense, especially regarding who notarized the document. It emphasized that she failed to uphold due diligence in her notarial duties and that her attempts to deny responsibility reeked of deceit, ultimately warranting disciplinary action.
Recommendation and Court's Ruling
The IBP-CBD recommended a one-year suspension from the practice of law and a two-year suspension from her notarial commission. The IBP Board of Governors adopted this recommendation. Upon review, the Court concurred with the IBP-CBD’s findings, stating that Atty. Omaaa had knowingly facilitated the extrajudicial dissolution of a marriage without adhering to legal requ
...continue readingCase Syllabus (A.C. No. 9081)
Case Overview
- The case is a complaint for disbarment filed by Rodolfo A. Espinosa and Maximo A. Glindo against Atty. Julieta A. OmaAa.
- The complaint alleges violations of the lawyer's oath, malpractice, and gross misconduct by OmaAa in her capacity as a notary public.
Antecedent Facts
- On November 17, 1997, Espinosa and his wife, Elena Marantal, sought legal advice from OmaAa regarding living separately and dissolving their marriage.
- OmaAa prepared a document entitled "Kasunduan Ng Paghihiwalay," which outlined the terms of their separation and custody of their children.
- The couples believed the contract to be valid and began implementing its terms, leading to Marantal taking custody of all children and most properties acquired during the marriage.
- Espinosa later learned from Glindo that the contract was not valid, prompting him to file a complaint against OmaAa before the Integrated Bar of the Philippines Commission on Bar Discipline (IBP-CBD).
Respondent's Defense
- OmaAa claimed she did not prepare the contract and denied any wrongdoing.
- She