Opposition Paper Leg Ethics

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    -Art. 258.Abortion practiced by the woman herself of by her parents. The

    penalty of prision correccional in its medium and maximum periods shall be imposed upon a

    woman who shall practice 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 prision 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 prision correccional in its medium and maximum periods.

    -Art. 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."

    Thus, with all these ethical and logical provisions concerning the crimeof Abortion, it is very clear that Wendys situation is not an excuse to makeher liable for the consequences if she will commit the said crime.

    On the issue concerning Louis act of advising Wendy to abort her baby,it appears to be intolerable and a violation of her oath as a lawyer under theCode of Professional Responsibility since Louis is expected to uphold his

    profession as a lawyer and as an agent of the administration of justice at alltimes. As a lawyer, Louis is presumed to be knowledgeable on laws andjurisprudence thus; he must uphold the mandate of the law. In line with thiswe have Cannon 1 which asserts that a lawyer shall uphold the Constitution,obey the laws of the land and promote respect for law and legal processes.Thus, being a lawyer and advising a person may it be a family or a friend tocommit abortion may it be for a certain reason is deemed intolerable by ourlaws and the persons involved must be criminally liable for it.

    On another perspective, if Wendys case in aborting her baby due to a certain

    illness is being permitted, it will obviously defeat the purpose of the mentionedprovisions of the law and violates the intent of the framers to promote fairness,

    justice and order since practically, it is not that hard to present and make up medical

    certificates or diagnosis stating a person is suffering the same illness experienced by

    Wendy. If this will be permitted it might lead to other social problems such as medical

    practitioners making money out of this excuse to justify a womans act of abortion.

    Thus, it is understood that the law makers passed the provisions on Abortion without

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    specifying any particular situation that should be penalized or not for they look into

    the future and foreseen these social tragedies that might arise.