IN RE: ATTY.
ROQUE SANTIAGO
A.C. No. 932
June 21, 1940
FACTS: Ernesto
Baniquit, who was living then separately from his wife Soledad Colares for 9
years, sought the legal advice of the
respondent for a possible second marriage.
They prepared the document. Baniquit then asked, "Would there be no trouble?" The
respondent points to his diploma and said: "I would tear that off if this
document turns out not to be valid."
Hence, he contracted a second marriage.
Respondent realized that he had made a mistake for the
timeline of the separation of husband and wife, and for that reason, he
immediately sent for the contracting parties to sign the deed of cancellation of
the document.
ISSUE: Whether or
not respondent be suspended.
RULING: Yes. The
advice of the respondent and the document prepared by him as a notary public is
contrary to law, moral, and tends to subvert the vital foundation of the
family. It constitutes malpractice which justifies disbarment from the practice
of law.
In the present case, respondent was either ignorant of the
applicable provision of the law or carelessly negligent in giving the
complainant legal advice.
