G.R. No. Per Rec. No. 2555; September 3, 1935
LEONARDO S. BITON, petitioner, vs. ANDRES MOMONGAN, respondent.

FACTS

Respondent Andres Momongan, a practicing attorney and a notary public in Cebu, ratified a document entitled “Legal Separation” executed by spouses Leonardo Biton and Fortunata Quijano. The document provided for their mutual and voluntary separation, renunciation of marital rights and obligations, and authorization for each to remarry. A complaint for malpractice was filed against him. Respondent admitted notarizing the document but claimed he did not prepare it and did not read its contents. Evidence, however, showed he had initialed an amendment on the document, implying knowledge of its contents.

ISSUE

Whether the respondent is guilty of malpractice for notarizing an illegal and immoral contract.

RULING

Yes. The Court found respondent guilty of malpractice. The contract he notarized was illegal and immoral as it contravened laws, morals, and good customs by attempting to dissolve a marriage and permit remarriage through a private agreement. As a notary public and attorney, his ratification of such a document constitutes malpractice. Considering the investigating judge’s recommendation for leniency and that respondent had already been suspended from his notarial commission, the Court imposed the penalty of severe censure.

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