Article II, Section 12 of the 1987 of the Constitution provides that 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.
ARTICLE 256. Intentional Abortion. Any person who shall intentionally cause an
abortion shall suffer:
1. The penalty of reclusin temporal, if he shall use any violence upon the person of the
pregnant woman.
2. The penalty of prisin mayor if, without using violence, he shall act without the consent of
the woman.
3. The penalty of prisin correccional in its medium and maximum periods, if the woman
shall have consented.
ARTICLE 257.
Unintentional Abortion. The penalty of prisin correccional in its
minimum and medium period shall be imposed upon any person who shall cause an
abortion by violence, but unintentionally.
ARTICLE 258.
Abortion Practiced by the Woman Herself or by Her Parents.
The penalty of prisin correccional in its medium and maximum periods shall be imposed
upon a woman who shall practice an abortion upon herself or shall consent that any other
person should do so.
Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of
prisin correccional in its minimum and medium periods.
If this crime be committed by the parents of the pregnant woman or either of them, and
they act with the consent of said woman for the purpose of concealing her dishonor, the
offenders shall suffer the penalty of prisin correccional in its medium and maximum
periods.
ARTICLE 259.
Abortion Practiced by a Physician or Midwife and Dispensing of
Abortives. The penalties provided in article 256 shall be imposed in its maximum period,
respectively, upon any physician or midwife who, taking advantage of their scientific
knowledge or skill, shall cause an abortion or assist in causing the same.
Any pharmacist who, without the proper prescription from a physician, shall dispense any
abortive shall suffer arresto mayor and a fine not exceeding 1,000 pesos. (emphasis
supplied)
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE
LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct.
Art. 40. Birth determines personality; but the conceived child shall be considered
born for all purposes that are favorable to it, provided it be born later with the
conditions specified in the following article. (29a)

Art. 41. For civil purposes, the fetus is considered born if it is alive at the time it
is completely delivered from the mother's womb. However, if the fetus 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. (30a)
Art. 42. Civil personality is extinguished by death.
The effect of death upon the rights and obligations of the deceased is determined
by law, by contract and by will. (32a)

A. If Louis, as a family friend, advises Wendy to have an abortion, would he be breaking

his oath as a lawyer?

Yes, even as a family friend, Louis would be breaking his oath as a lawyer
when he advises Wendy.
Responsibility to abide by the CPR is not limited to a lawyers practice of law,
it extends to his private and personal conduct.
As a lawyer, who should uphold the law he should not be at the same time the
primary violator of the law.
Abortion, being an illegal act, should not have been given as an advice.
His advice to Wendy to have an abortion would certainly run counter to the
Constitution and other laws and a violation of his oath as a lawyer.

B. Would abortion be justified if there was a serious risk to the life of the mother?

Consti prohibits abortion, it shall equally protect the life of the mother and the life of the
unborn from conception

No express provision specifically allowing abortion in order to save the woman's life. in
times when the mothers life is put at risk during her pregnancy, the law does not qualify
as such to justify the abortion.

However, it may be argued that under the principle of necessity as set forth in article
11(4) of the rpc, abortion may be legally adopted to save the pregnant womans life.

There is no question that the life of the unborn child is recognized and sacred, still, more
often than not, we fail to notice the equal importance of the life of the mother who carries
and give life to the unborn.

Joaquin Bernas, member of the 1986 constitutional commission which drafted the
present philippine constitution elucidates
The second sentence of section 12, article II of the 1987 constitution does not assert that
the life of the unborn is placed on exactly the same level as the life of the mother. It
recognizes that, when necessary to save the life of the mother, it may be necessary and
legitimate to sacrifice the life of the unborn. it however denies that the life of the unborn

maybe sacrificed merely to save the matter from emotional suffering or to spare the child
from a life of poverty.

Any lawyer shall observe candor, fairness and loyalty in all his dealings and transactions
with his client (canon 15 of the code of professional responsibility).

The lawyer, also, when advising his client, shall give a candid and honest opinion on the
merits and probable results of the client's case, neither overstating nor understating the
prospects of the case (rule 15.05, cpr).

and finally, the lawyer shall impress upon his client compliance with the laws and the
principles of fairness (rule 15.07, cpr)

Article 11: Justifying Circumstance the following do not incur any criminal liability:
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4. Any person who, in order to avoid an evil or injury, does an act which causes damage
to another, provided that the following requisites are present;
First. That the evil sought to be avoided actual exists;
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it.

C. If louis acts instinctively based 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?

A lawyer is always duty-bound to inform his clients of the real facts on a

certain issue whether they may be against his principles or not. This is in line
with his duties according to the Code of Professional Responsibility. He is
mandated to give his clients the best advise based on the law, not on his
personal beliefs.

This would have given Manuel and Wendy the options to solve their problem
solely based on legal parameters

Canon 15 - A lawyer shall observe candor, fairness and loyalty in all his dealings and
transactions with his clients.
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Rule 15.05. - A lawyer when advising his client, shall give a candid and honest opinion on
the merits and probable results of the client's case, neither overstating nor understating
the prospects of the case.