Ethics -Dilemna 1

8/13/2019 Ethics -Dilemna 1

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The legal issues raised in this case are the following:

I. The legality or illegality of abortion by reason of severe pregnancy complicationsII. The validity of a lawyers act in advising the commission of abortion to a family friend.

III. The loyalty an attorney owes to his client in relation to his personal beliefs.I.

The pertinent provisions that are relevant to the first issue are:

a.) Art. II, Sec 12 of the 1987 Philippine Constitution which states in part 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.

b.) Art. 256.Intentional abortion. Any person who shall intentionally cause an abortion shall

suffer:

1. The penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant

woman.

2. The penalty of prision mayor if, without using violence, he shall act without the consent of the

woman.

3. The penalty of prision correccional in its medium and maximum periods, if the woman shall have

consented.

Art. 257. Unintentional abortion. The penalty of prision correccional in its minimum and medium

period shall be imposed upon any person who shall cause an abortion by violence, but unintentionally.


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DISCUSSION

In instances when pregnancy results into an almost adversarial relationship between the mother

and the fetus, like the case at hand, we are faced with an ethical and moral dilemma. The Constitution

seeks to equally protect the welfare of both mother and child but there seems to be a gray area on its

stand when the two interests are at odds (Art. II, Sec. 12, 1987 Constitution). No life is given precedence

over the other. In our present existing laws, abortion is not only frowned upon but penalized (Art. 256

259 of the RPC). The law may have declared that post-abortive complications shall be taken cared of by

the government (Sec. 3(j) of R.A. 10534) but there are absolutely no exceptions to the crime of abortion

itself. Theres one argument that it is a justifying circumstance under Art. 11, par. 4 of the Revised Penal

Code but a Supreme Court ruling remains to be seen. Lawmakers failed to provide legal and medical

grounds on which abortion may be allowed. Hence, abortion under any circumstance is illegal in the

Philippines. The law is harsh but it is still the law (dura lex sed lex). A mother cannot choose to abort her

child even if her life is at stake to go through with her pregnancy.

II.

The pertinent provisions that are relevant to the second issue are:

a.) Code of Professional Responsibility, Canons 1, 15.08, 17.Canon 1A lawyer shall uphold the Constitution and obey the laws of the land and promote

respect for law and legal processes.

Rule 15.08 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.


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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.

DISCUSSION

A lawyer has an extraordinary obligation. His role is one that is not usually demanded from a

layman. He should not give advice to a client or even to a family friend anything that is in any way

related to the commission of an illegal act. In the case, Louis should advice Wendy to consult doctors

first before contemplating abortion since it not in his area of expertise to give medical advice. In the

legal aspect, Louis is not authorized to encourage Wendy to abort her baby since it is an illegal act. He

should be honest to Wendy about the illegality of abortion (Rule 15.08, CPR). Yes, as a lawyer he should

be vigilant to his clients case(Canon 17, CPR) but he does not owe duties merely to the latter. He is also

mandated to uphold everything that is lawful. Hence, a lawyer should not only defend the cause of his

client but to do so within the bounds of the Constitution and the laws (Canon 1, CPR).

III.

The pertinent provisions of law which are relevant to the third issue are the following:

a.) Code of Professional Responsibility, Canons 1, 15, 15.05, 15.07.Canon 1A lawyer shall uphold the Constitution and obey the laws of the land and promote

respect for law and legal processes.

Canon 15 A lawyer shall observe candor, fairness and loyalty in all his dealings and

transactions with his clients.

Rule 15.07A lawyer shall impress upon his client compliance with the laws and principles

of fairness.


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DISCUSSION

A lawyers relationship with his client is one characterized by loyalty. As the agent of his client, a

lawyer must give an advice that is supported by a strong legal basis. He should not act on the sole

impulse of his personal beliefs when giving an answer to his clients queries. It is his duty to keep the

interests of his client above his own convictions if it would be more advantageous to the client.

Otherwise, he would be violating Canon 15 of The Code of Professional Responsibility. In the case, Louis

should not give a legal opinion that abortion is criminal because of his religious beliefs on the matter but

should give an unbiased legal opinion based on the provisions of law.

Ethics -Dilemna 1

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