DILEMMA 1: Wendy married Manuel. Wendy got pregnant.

However, it is learned that she has a heart disease and her pregnancy will be a risk
to her life.
A.

If Louie, as a family friend, advices Wendy to have an abortion, will he be breaking his oath as a lawyer?
Consider the following:
CANON 1 A lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and for legal processes.
CANON 1.01 A lawyer shall not engage in unlawful, dishonest, immoral and deceitful conduct.
CANON 9 A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.
CANON 15.08 A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall make clear
to his client whether he is acting as a lawyer or in another capacity.
CANON 17 A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him.
ART. 2, SEC. 12 OF THE CONSTITUTION - The State recognizes the sanctity of family life and shall protect and strengthen the family as
a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The
natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character
shall receive the support of the Government.
REVISED PENAL CODE ARTICLES 256-259
CIVIL CODE ARTICLE 41 For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the
mothers womb. However, if the foetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within
twenty-four hours after its complete delivery from the maternal womb.
CIVIL CODE ARTICLE 42 Civil personality is extinguished by death. The effect of death upon the rights and obligations of the
deceased is determined by law, contract and by will.

B.

Would abortion be justified if there was a serious risk to the life of the mother?
CANON 15 A lawyer shall observe candor, fairness and loyalty in all his dealings and transactions with his client.
CANON 15.05 A lawyer, when advising his client, shall give a candid and honest opinion on the merits and probable results of the
clients case, neither overstating nor understating the prospects of the case.
CANON 15.07 A lawyer shall impress upon his client compliance with the laws and the principles of fairness.

C.

If the situation will reverse and Louie acting instinctively on his religious conviction gives a legal opinion that abortion is criminal and
does not allow for any exception, does he violate any law or ethical principle?

DILEMMA 2 & 3: Wendy lost the baby and because of this, Manuel was so devastated and blamed Wendy. They got into a fight and Manuel
decided he needed time away from her so he went back to his hometown to clear his head. One time, Manuel was so drunk and lost his way
home. Cora, Isabels niece helped Manuel. The two ended up having carnal knowledge. Manuel, after what happened, decided to go back to
Wendy and fixed things between them. Wendy suggested to Manuel that they will adopt. On the other hand, Cora informed Manuel that she
was pregnant and wanted to get support. Manuel asked Atty. Paulina Paz to make a contract for support that Manuel will give Cora support
provided that she will allow having the baby adopted by Manuel. Cora agreed to adopt. Manuel told Wendy that he has a cousin who is
pregnant and that they will adopt her baby and simulate its birth. Manuel told his lawyer friend, Louie, the truth that the baby they are
adopting is really Manuels child. Baby Ben was then born.
A.

Should Atty. Paulina Paz have prepared the contract between Cora and Manuel? What is her liability?
CANON 1, 1.01, 9, 15
CANON 1.04 A lawyer shall encourage his clients to avoid, end or settle the controversy if it will admit of a fair settlement.

B.

Plan to simulate birth?

REVISED PENAL CODE ARTICLES 347 AND 348
DOMESTIC ADOPTION

C.

Is there a lawyer-client relationship between the couple and Louie? Manuel and Louie?