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The legal issues raised in this case are the following: I. II.

The legality or illegality of abortion by reason of severe pregnancy complications 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.

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. c.) Sec. 3 (j) of R.A. 10534, The Responsible Parenthood and Reproductive Health Act of 2012. While this Act recognizes that abortion is illegal and punishable by law, the government shall ensure that all women needing care for post-abortive complications and all other complications arising from pregnancy, labor and delivery and related issues shall be treated and counseled in a humane, nonjudgmental and compassionate manner in accordance with law and medical ethics.

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 1 A 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.

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 1 A 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 15.07 A lawyer shall impress upon his client compliance with the laws and principles of fairness.

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.

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