Can a husband and wife agree in writing to end their marital relationship?
Facts: Spouses Leonardo Biton and Fortunata Quijano executed a document entitled "Legal Separation" wherein it was stated that they separated mutually and voluntarily, that they renounced their rights and obligations, and that they authorized each other to remarry, renouncing any action to which they might be entitled and each promising not to be a witness against the other.
Ruling: "The contract acknowledged by the respondent is indubitably illegal and immoral. Its covenants are contrary to laws, morals, and good customs, and tend to subvert the vital foundation of the legitimate family. The ratification of a contract of this type, executed by a notary public who is a practicing attorney at the same time, constitutes malpractice, and as a disciplinary measure, this court may impose even disbarment (Biton vs. Momongon, 62 Phil. 7, Per Rec. No. L-2555, September 3, 1935).
Ruling: "The contract acknowledged by the respondent is indubitably illegal and immoral. Its covenants are contrary to laws, morals, and good customs, and tend to subvert the vital foundation of the legitimate family. The ratification of a contract of this type, executed by a notary public who is a practicing attorney at the same time, constitutes malpractice, and as a disciplinary measure, this court may impose even disbarment (Biton vs. Momongon, 62 Phil. 7, Per Rec. No. L-2555, September 3, 1935).
Hello! My name is Katrina Tan, and I'm a writer for Summitmedia, Inc.
ReplyDeleteI'm currently doing a piece for Smart Parenting tackling saving for the future. I was hoping you would be willing to be a resource for the piece, specifically re. the drafting of wills?
Please do contact me at 0917 791 1463 or email me at katrinawtan@gmail.com.
Thanks much!
Kat