Case Name In re ATTY.

ROQUE SANTIAGO, respondent

Case No. A.C. No. 932
Date of Promulgation June 21, 1940
Ponente LAUREL, J.
Topic Not subject to stipulation

NATURE OF THE ACTION

SC: an administrative case initiated upon complaint of the Solicitor-General against the
respondent Roque Santiago, charging the latter with malpractice and praying that disciplinary
action be taken against him.
ISSUES

WoN the contract stipulating the contracting parties to marry again is void.

RELEVANT FACTS OF ISSUE

Atty. Roque Santiago prepared for a married couple (who had been separated for 9 years) a
document wherein it was stipulated that they authorize each other to marry again, at the same
time renouncing whatever right of action one might have against the other.
When the husband inquired if there could be no trouble, respondent lawyer simply pointed to
his diploma which was hanging on the wall and said that he would tear off that document if the
contract turns out to be invalid. Pursuant to the contract, the husband married again.

RATIO DECIDENDI

ISSUE RATIO
WoN the contract YES.
stipulating the contracting
parties to marry again is The document is contrary to law, good morals and public order. Marriage
void. is an inviolable social institution that cannot be made inoperative by the
stipulations of the parties.

In the present case, respondent was either ignorant of the applicable

provision of the law or carelessly negligent in giving the complainant
legal advice. Drastic action should lead to his disbarment and this is the
opinion of some members of the court.

The majority, however, have inclined to follow the recommendation of

the investigator, the Honorable Sotero Rodas, in view of the
circumstances stated in the report of said investigator and the fact that
immediately after discovering his mistakes, respondent endeavored to
correct it by making the parties sign another document cancelling the
previous one.

RULING
The respondent Roque Santiago is found guilty of malpractice and is hereby suspended from the
practice of law for a period of one year. So ordered.