FACTS: Atty. Roque
Santiago prepared for a married couple (who had been separated for 9 years) a
document wherein it was stipulatet 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 simplypointed 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.
ISSUE: Whether
Santiago should be disbarred from the practice of law
HELD: Atty. Santiago
was suspended from practice of law for a year on the ground of ignorance of the
law or being careless for giving legal advice by trying to dissolve the
marriage through a private contract. The document is contrary to law, good
morals and public order. Marriage is an inviolable social institution that
cannot be made inoperative by the stipulations of the parties.
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