PROBLEM AREAS IN LEGAL ETHICS

MODULE 1 - LEGAL ETHICS IN FAMILY LAW

This module is aimed at clarifying to law students, who have taken

the basic course on Legal Ethics, to see the lawyer’s code of professional
ethics as applied to specific situations that s/he will encounter in Family Law
practice. Legal Ethics, as traditionally taught in law schools in the Philippines,
require knowledge of and familiarity with the Code of Professional
Responsibility. This Module takes learning one step farther by giving situations
that will bring to fore the lawyer’s moral judgment as to the bounds of what
s/he may or may not do or advise the client. Here, the student is faced with a
dilemma since s/he is under oath to render legal services to the best of their
ability and to the satisfaction of the client. This may in turn, clash with the
lawyer’s set of values and personal beliefs so that even if the law may allow
their some elbow room, s/he may not be comfortable with using that space.
It must be emphasized that there may not be one correct answer, no hard
and fast rule of what is wrong or right for the lawyer to do that may be
against his/her conscience but demanding by his fiduciary duty to his/her
client.

The Problem

The Module is divided into four main problems, each of which could be
characterized as a case falling within the substantive area of Persons and
Family Relations.

The Client File

The module examines the issues confronting Louis, a young lawyer, in giving
advise to his high school friend and his wife on various occasions. The central
theme is the capacity in which Louis acts, whether he gives advice as a lawyer
or as a friend, considering that many times, his “legal” advice is sought in
informal and unstructured situations. Another lawyer, Evie Escaler has to
make certain choices as regards her duty to her client and her Responsibility
to the greater public as an advocate of a certain issue. The Client File has all
the documents necessary for the students to see the weight of the document
as evidence and create a theory of the particular case. To guide the students,
the File include precise provisions of the Code of Personal Responsibility and
cases decided by the Supreme Court on a similar or same legal question.

I. Dilemma 1: Maternal/Fetal Interdependence; Who are Persons?

Manuel and Wendy were married 1992. They are both professionals,
with stable jobs. In the five years that they were married, they were trying to
conceive, but have not been successful. Manuel wanted to have a baby for so
long that on the day Wendy received news that she was pregnant, Manuel
was ecstatic. As Wendy’s pregnancy progressed, she started having difficulty
breathing and was easily fatigued. One day, she was rushed to the hospital
because she couldn’t breathe. The doctors diagnosed her as having mitral
valve stenosis, a congestion of the heart due to a valve defect. As explained
by the doctors, her heart has to work double time to be able to circulate blood
in her system. Her condition was one of functional class III, and women with
functional class III to IV heart conditions are strongly advised against
pregnancy because of high maternal mortality rate. (See Appendix A, Medical
Certificate- to be distributed before the discussion) The doctors say that the
chances of Wendy carrying the babying to term are slim because her heart
would not be able to take it. She was then 10 weeks pregnant. Wendy was
scared; she does not want to die. She contemplates the possibility of abortion,
and seeks advice from Louis, a high school buddy of Manuel’s, who was a
lawyer.

II. Dilemma 2 & 3: Contract for Support and Custody, and Simulated
Birth Certificate

Wendy lost the baby. Manuel was devastated. As much as he hated to

admit it, he blamed Wendy for not taking good care of her health, and they
ended up having a big fight. Manuel decided he needed some time away from
her, so he went to his home town in Candoni, Negros Occidental to clear his
head. His aunt, Ysabel Ynares, was very happy to see him again after years of
absence. She made sure that Manuel attended all the fiestas in their own
town and nearby areas. Manuel was
glad to oblige. All he cared about was getting drunk on every fiesta he went
to.

On one of such occasions, he got so drunk that he lost his way home.
Fortunately, Cora, Ysabel’s niece by marriage, recognized Manuel, and helped
him get to his room safely. Overcome by a mixture of emotions and
drunkenness, Manuel took Cora in his arms and to his bed. The next day,
Manuel awoke in sweat, overcome by a terrible guilt and fear of losing Wendy
forever because of what he did the night before. He realized that he could not
live without Wendy. He begged Cora to keep this incident secret from their
relatives and friends. He told her that he has no intention of confessing to
Wendy under any circumstance and hastily took the next flight back to Manila.

Back together, Wendy and Manuel have never been happier. They
decided to put the past behind them and think of their future. Since Wendy
could not be pregnant, she broached to Manuel the possibility of adopting a
child. Manuel was lukewarm to the idea and asked for time to mull it over.
The following month, Manuel received word from Cora that she was pregnant
with his baby and that she wanted support for herself and the child. Manuel
asked Atty. Paulina Paz, his tax lawyer to draft a contract where Cora
promised to drop all claims against Manuel if he took full responsibility for
Cora’s financial needs until a year after her delivery and the baby’s until
he/she finished college. Cora agreed to this and the provision that should
Manuel exercise the option of supporting the child in his home, she will give
up all her parental rights over the baby since this was clearly “in the best
interest of the child.”

Triumphant, Manuel then turned to Wendy and expressed his

unequivocal consent and enthusiasm to adopt. He added that he wanted to
adopt a relative, of whose background they could be sure. He suggested they
adopt the child of Cora, whom he passed off as a distant cousin, without
telling Wendy that the baby was actually his. Wendy agreed to this. They also
were of the same mind about not wanting the baby and their neighbors to
know of the arrangement. Neither did they want to bother going through
adoption proceedings. They thought it would be best for Cora entered the
hospital under Wendy’s name, so that the birth certificate would immediately
show that the baby was Wendy’s and Manuel’s very own child. They then
made the necessary plans for Cora to travel to Manila 4 months before the
baby was due and ironed out other details including an apartment in Makati
City where she could live until after she gave birth and was strong enough to
return to Negros. At a birthday dinner among friends, the couple decided to
ask the advice of Manuel’s lawyer friend Louis, on this matter. Furthermore,
after the party, Manuel sent an email to Louis, confiding that his real reason
for wanting to simulate the birth of the baby was because the baby was his,
and he wanted the baby to be with him, but did not want Wendy to know that
he was adulterous. Baby Ben was born in 1998. He grows up with the couple,
Wendy and Manuel, knowing them to be his real parents.

III. Dilemma 4: Declaration of Presumptive Death for Purposes of

Remarriage

Three years later, on March 2001, Manuel went on a business trip. The
plane on which he boarded crashed into the Pacific Ocean, with few survivors
and many passengers unaccounted for. Despite efforts to locate Manuel’s
body, he was never found. Wendy was devastated. She felt in her heart that
Manuel was truly dead. About a year and a half passed since the plane crash,
Wendy met another man, Omar. They fell in love, and decided to marry on
June 2003. But in the months of January and February 2003, Wendy received
information from three different sources (see Appendixes E, F, G) indicating
that Manuel may be alive, and is living in Hong Kong. Despiteefforts to verify,
there was no confirmation from the Hong Kong authorities. Wendy informs
Louis that she has broken off her engagement to Omar and asks Louis to help
her locate Manuel. Louis feels guilty about Wendy being so concerned about
Manuel, whom he considered undeserving of her love. Not wanting to see
Wendy more depressed and anguished, he finally tells Wendy that Ben is the
child of Manuel with Cora. Wendy was shocked and furious at both Manuel and
Louis. To gain back Wendy’s trust, Louis suggests that she should disregard
any information about Manuel since these were all hearsay. Thus, he says,
having received no news that Manuel may be alive, she can secure a
declaration of presumptive death in a summary proceeding before her June
wedding. He adds that he would do this without compensation as proof of his
friendship and remorse. He tells her of his uncle who is a family court judge
and assures her that their case will be “raffled” to his court.

IV. Dilemma 5: Last Will and Testament and Successional Rights

On April 2005, four years after the plane crash, probate proceedings
for Manuel’s will were initiated. In the will, Manuel left P100, 000 to Cora, and
the rest of all his properties to Wendy and Ben equally (see Appendix H, Will
of Manuel Soriano). Louis, entrusted with the will, knew that if the will was to
be followed, it would be unfair to Wendy, since Ben was really Manuel’s
illegitimate child. Louis advices Wendy to contest the will. He adds, however
that if she contests the will, she has to tell the whole world that Ben is not her
biological child. Wendy does not want to give Ben up to his biological mother,
since she (Wendy) has learned to love him. However, she is adamant about
not giving Cora the P500,000.
 APPENDIX “A”

ST. LUKE’S MEDICAL CENTER

279 E. Rodriguez Sr. Blvd., Quezon City, Philippines1102
(632) 7230301 / 7230101 / 7230199
info@stluke.com.ph

MEDICAL CERTIFICATE
Date: January 21, 1997

Name of Patient: Wendy G. Soriano

Age: 30 years
Sex: Female

SYMPTOMS:
• Difficulty of breathing
• Pounding of heart
• Easily tired without doing anything

PHYSICAL EXAMINATION:
• Intrauterine pregnancy 9 4/7 weeks age of gestation by last menstrual
period,
o 10 3/7 by first ultrasound
o currently not in labor G1P0
• BP 130/90
• cardiac rate 110 ( normal 60-100)
• respiratory rate 30 (normal 16-20)
• head & neck:
o (+) neck vein engorgement,
o jugular venous pressure 10 cm H20
• chest & lungs:
o crackles all lung fields
o enlargement of the left atrium
o (+) grade 3/6 murmur of the heart, best heard at the left
5th intercostal space, parasternal border and at the apex, with radiation to
anterior axillary line, systolic.

• extremities: edema, grade 3, pitting

MEDICAL HISTORY:
• rheumatic fever at age 15, poor follow up.
• paroxysmal nocturnal dyspnea (difficulty of breathing before going to sleep)
• easy fatigability, relieved by 3-4 pillows
• bipedal edema (swelling of feet)

FINAL DIAGNOSIS: Mitral Valve Stenotic: Congestive Heart Failure

functional class III, secondary to Acquired valvular heart disease,
secondary to Rheumatic Heart Disease.

(signed)_________________________
DR. BETTINA COLORO, MD.
Attending Physician
License Number: 0987-35593
 APPENDIX “B” - CONTRACT

KNOW BY ALL MEN THESE PRESENTS:

Manuel V. Soriano, of legal age, married, residing at #14Maginhawa

Street, Teachers Village, Diliman, Quezon City, hereafter referred to asDonor
and Cora Z. David, of legal age, single, residing at #37 Libertad Street,
Candoni, Negros Occidental , hereinafter referred to as Donee, Do hereby
agree to fulfil the following terms and conditions:

I. That for and in consideration of the affection which Donor has for his
cousin, Cora Z. David, Donor by these presents give Donee Four hundred
thousand pesos (P400.000.00) to cover her financial needs, from the date of
signing of this Contract, until one year after she delivers her baby and is able
to resume her employment.

II. That this amount shall be divided into 16 monthly payments and given
in the amount of Twenty-five thousand pesos (P25,000.00) per month to
cover dwelling, food and health expenses, except that in addition to this
amount, Donor agrees to shoulder the hospital expenses and physicians’ fees
incurred in delivering the baby that Donee is now pregnant with.

III. That by the third week of every month said amount shallbe deposited
to Donee’s account at Equitable PCI Bank, Candoni Branch with Savings
Account Number 266-192837, without necessity of further demand;

IV. That in addition to said donation, Donor hereby undertakes to take full
responsibility for the child’s support until he/she completes his/her college
education.

V. That the child’s support shall be for the amount ofP15,000 (Fifteen
thousand pesos) per month subject to modification, considering the needs of
the child and the financial capacity of Donor.

VI. Said amount shall be deposited in the same bank account at the
same time and manner as above-stated;

VII. That in exchange for the preceding, Donee shall drop any case and
desist from filing any and all future claims against Donor.

VIII. That should Donor exercise the option of supporting the child in his
home, Donee shall give up all her parental rights over the baby, both parties
having agreed that such is in the best interest of the child.

WITNESS WHEREOF, the parties hereto have hereunto set their hands,
this 18th of September 1996, in Candoni, Negros Occidental, Philippines.

(signed)_________________ (signed)___________
Manuel V. Soriano Cora Z. David

Signed in the presence of:

(signed)_________________ (signed)___________
Georgina H. Garcia Francis U. Yu
 JOINT ACKNOWLEDGMENT

BEFORE ME, Ricardo Q. Romano, Notary Public in the municipality of

Candoni, Negros Occidental, Philippines, this 18th day of September1996,
personally appeared:

Manuel V. Soriano, with CTC No. 234975 issued at Quezon City on February 3,
1996;
Cora Z. David, with CTC No. 001938 issued at Candoni City on March 12,
1996;
Georgina H. Garcia, with CTC No. 0039473 issued at Candoni City on January
17, 1996;
Francis U. Yu, with CTC No. 0113290 issued at Quezon City on February 15,
1996;

All known to me to be the same persons who signed the foregoing

contract, and they respectively acknowledged to me that they signed the
same as their own free act and deed. This Contract consists of two pages,
including the page on which this acknowledgment is written, and has been
signed on the left margin of each and every page thereof by the testator and
his witnesses, and sealed with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand the day,year,

and place above written.

(signed)__________________________
ATTY. RICARDO Q. ROMANO
Notary Public
My commission expires December 30, 1996
Doc. No. 1981
Page No. 17
Book No. 1
Series of 1996
 APPENDIX “C”

Municipal Form No. 102 (Revised December 1, 1958) TO BE ACCOMPLISHED IN DUPLICATE

REPUBLIC OF THE PHILIPPINES

CERTIFICATE OF LIVE BIRTH

(FILL OUT COMPLETELY, ACCURATELY, LEGIBLY IN INK OR TYPEWRITER)

-------------------------
Register Number:
Province: ____National Capital Region________________ (a) Civil Registrar-General No.
______________________
City or Municipality: ____Makati City____________________________ (b) Local Civil Registrar No.
________________________
1. Place of Birth
a. Province National Capital Region
2. Usual Residence of Mother (where does mother live?)
a. Province National Capital Region
b. City or Municipality
Makati City
b. City or Municipality
Quezon City
c. Name of Hospital or Institution (If not in hospital, give street address)
St. Luke’s Medical Center
c. Number and Street
#14 Maginhawa Street, Teachers Village, Diliman
d. Is place of Birth inside City Limits?
YES O NO O
d. Is residence inside city limits?
YES O NO O
e. Is residence on a farm?
YES O NO O
3. Name (Type or Print) First Middle Last
Benjamin Gomez Soriano
4. Sex
Male
5a. This Birth
Single O Twin O Triplet O
5b. If Twin or Triplet, was child
1st O 2nd O 3rd O
6. Date of Birth
Month Oct Day 10 Year 1997
7. Name First Middle Last
Manuel Viejo Soriano
Religion
Roman Catholic
8. Nationality
Filipino
8a. Race
9. Age (at time of this birth)
Years 32
10. Birthplace
Candoni, Negros Occidental
11a. Usual Occupation
Employee
11b. Kind of Business or Industry
12. Maiden Name First Middle Last
Wendy Chua Gomez
Religion
Roman Catholic
13. Nationality
Filipino
13a. Race
14. Age (at time of this birth)
31
15. Birthplace
Quezon City
16. Previous deliveries to mother (do not include this birth)
0
17a. Informant’s Signature:
b. Name in Print:
c. Address
a. How many children are
now living?
0
b. How many other children
were born alive but are now
dead?
0
c. How many fetal deaths
(fetuses born dead any time
after conception)?
0
18. Mother’s Mailing Address: (number, street, city, or municipality, province)
#14 Maginhawa Street, Teachers Village, Diliman, Quezon City

19. ATTENDANT AT BIRTH

I hereby certify that I attended the birth of this child who was born alive at _2:20 o’clock _p_m. on the
date above indicated.
a. Signature:
b. Name in Print:
c. Address:
d. Date signed by Attendant at Birth:
___________________________
e. Title of Attendant at Birth
O M. D. O Midwife
O Nurse O Others (specify)
20. Received in the Office of the Local Civil Registrar by 21a. Given name added from supplemental
report:
a. Signature:
b. Name in Print:
c. Title or Position
d. Date:
b. Date when given name was supplied:
22a. Length of Pregnancy
_______36____ Complete weeks
22b. Weight at Birth
____7__Lbs. ___2______Oz.
23. Legitimate
YES O NO O
24. Date and Place of Marriage of Parents (for legitimate birth)
__May 2, 1992_____________
Month Day Year
City or Municipality __Quezon City__ Province _National Capital Region
25. This Certificate is prepared by:
Signature:
Name in Print:
Title or Position:
Date:

MOTHER FATHER CHILD

 APPENDIX “D”

Date: Wed, 12 May 1997 15:58:09 GMT +8:00

From: “Manuel V. Soriano” manuelvsoriano@yahoo.com

To: “Louis Alcala” louisalcala@yahoo.com

Subject: RE: Adoption of our baby

Dear Louis,

As you know, Wendy and I plan to take in as ours the baby that Cora is
carrying. I know you question why we plan to do it this way. But I actually
have a deeper reason for it, one that Wendy does not know. Cora’s baby is
mine. I made a mistake, and I don’t want Wendy to know about it. At the
same time, I want that baby to grow up with me, because after all, I’m the
father. The only way this can happen is if we simulate the birth of the baby.
Otherwise, the social worker handling the adoption case will be asking too
many intrusive questions, and Wendy might find out I’m the father. I don’t
know where to start. I need your support and advice on this Louis, as my
friend. I trust that you will keep this between the two of us.

Yours truly,

Manuel
__________________________________________________
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 APPENDIX “E”

Hong Kong Office and HSBC Premier Centre and Financial Management Centre
1 Queen’s Road Central, Central District, Hong Kong Island
Tel: [852] 2748 3322 Fax: [852] 2899 8810

February 9, 2003

MRS. WENDY G. SORIANO

# 14 Maginhawa Street, Teachers Village
Diliman, Quezon City
Philippines 1101

Dear Mrs. Soriano:

Greetings from Hong Kong!

You may have remembered me as the Manager of Hong Kong and

Shanghai Bank Branch in Katipunan Avenue, Quezon City, where you
maintained a Savings Account and a Joint Checking Account with your
husband. I am now based in the Hong Kong, as I was recently promotedto
Senior Manager for Investment Proposition. I often see Mr. Soriano here at
the Hong Kong Office, and I assume that you planned to extend your
investments to Hong Kong. I would like to offer the services of HSBC to you. I
have some very good proposals that may interest you. Attached are some
brochures and investment plans. Should you have any inquiries, you may
contact me through the numbers at the letterhead.

Thank you very much.

Sincerely,

(signed) Mr. ANTON K. ONG

Senior Manager for Investments
 APPENDIX “F”

BAGS AND HANDICRAFTS COMPANY

Eastwood City, Libis, Quezon City
Tel No. (632) 927-3847

MEMORANDUM

TO: ALL EMPLOYEES

FROM: Human Resource, ADMINISTRATION

RE: Authorized Agents in Asia

DATE: January 17, 2003

Please be informed that that following people are the authorized agents of our
distributors in Asia beginning year 2003:

Bangkok, Thailand Ms. Yanisa Chanakarn

Beijing, China Ms. Chen Shui Ben
Chinese Taipei Mr. Francis Chang
Hong Kong, China Mr. Manuel B.Soriano
Jakarta, Indonesia Mr. Guntur Setiawan
Kuala Lumpur, Malaysia Ms. Christine Yeoh
Seoul, South Korea Mr. Peter Jung Soon
Singapore Mr. Michael Huang
Tokyo, Japan Mr. Takashi Imegu

Please be reminded to transact our business only with the authorized agents
of our distributors, as furnished herein.

Thank you.

Noted:

(signed) JULIANA C. RAMOS

Human Resource Director
 APPENDIX “G”

Date: Fri, 28 February 2003 09:26:11 GMT +8:00

From: “Cristina Valencia” cristina_valencia@yahoo.com
To: “Wendy Soriano” wendysoriano@yahoo.com

Subject:

Dear Wendy,

It’s been a long time my dear friend. The last time we talked was just before
my family and I left for Malaysia. That was three years ago! I hope you are
doing well, and that baby Ben is in good health. My kids are doing well too. I
must admit, rearing children is not an easy task. I don’t know how else I’m
supposed to tell you this. The reason why I wrote is because I saw Manuel in
Hong Kong when our family went on a vacation to Disneyland a couple of
weeks ago. He had with him a one year old toddler. At first I thought I was
hallucinating, but it was really him! I walked over to make sure, and sure
enough, he recognized me. He said he’s been in Hong Kong all these years.
An old lady took him in when he survived the crash, and now he’s married to
the old lady’s daughter. He says he can’t go back to the Philippines anymore,
because he can’t leave his new family behind. It came as a bit of a shock, and
before I knew it, he was saying goodbye. He said his wife was waiting for him.
I just thought you deserve to know this. You and Ben should come visit us
here in Malaysia when you get the chance. It would be nice to see my inaanak
again.

Love,

Cristina
__________________________________________________
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 APPENDIX “H”

LAST WILL AND TESTAMENT

Of MANUEL V. SORIANO

KNOW ALL MEN BY THESE PRESENTS:

I, Manuel V Soriano, of legal age, married to Wendy G. Soriano,native of

Candoni, Negros Occidental, having been born on the 17th dayof August,
1966, now actually residing at #14 Maginhawa Street, Teachers Village,
Diliman, Quezon City, being of sound and disposing mind and memory, and
not acting under undue influence, violence, fraud, or intimidation of whatever
kind, do by these presents declare this to be my Last Will and Testament
which I have caused to be written in English, a language which is known to
me. And I hereby declare that:

I. I desire that my remains be buried according to the rites of the

Roman Catholic Church and with dignity suitable to my circumstances;

II. I give P500, 000 to Cora Z. David, for the happiness and help that she
brought to me and my wife.

III. I give and bequeath to my wife, Wendy, and my son, Ben, in equal
shares, all the rest of my properties, real and personal, whatsoever and
wheresoever located;

IV. I designate my wife Wendy, the sole executor of this my Last Will and
Testament, and in her default or incapacity o act, my friend Louis Alcala, and
in default or incapacity of the latter to act, my son Ben, if of age;

V. I hereby direct that the executor named herein or his lawful substitute
should serve without bond;

VI. I hereby revoke any and all my other wills, codicils, or testamentary
dispositions heretofore executed, signed, or published, or alleged to have
been executed, signed or published, by me.

IN WITNESS WHEREOF, I have hereunto set my hand this10th day of

July, 2000, in Quezon City, Philippines.

(signed) MANUEL V. SORIANO

ATTESTATION CLAUSE

We, the undersigned attesting witnesses, whose residences are stated

opposite our respective names, do hereby certify: That the testator, Manuel V.
Soriano, has published unto us the foregoing will, consisting of 3 pages,
numbered correlatively on the upper part of each page, as his Last Will and
Testament and has signed the same and every page thereof, on the left
margin, in our joint presence and we, in turn, at his request, have witnessed
and signed the same and every page thereof, on the left margin, in the
presence of the testator, and in the presence of each and all of us.

DIANA H. BAUTISTA 103 Burgundy One Building,

Katipunan, Loyola Heights,
Quezon City

EDWIN T. LAZARO 99 Matahimik Street, Teachers

Village, Diliman, Quezon City

FRANCISO N. DOBLE 58 Sikatuna Village, Diliman,

Quezon City

JOINT ACKNOWLEDGMENT

BEFORE ME, Alesandro Y. Roma, Notary Public for and in the city of
Quezon City, Philippines, this 10th day of July, 2000, personally appeared:
The testator, MANUEL V. SORIANO, with CTC No. 18375640 issued at Quezon
City on July 9, 2000;

Witness, DIANA H. BAUTISTA, with CTC No. 01827465 issued at

Quezon City on October 4, 1999;

Witness, EDWIN T. LAZARO, with CTC No. 02837465 issued at

Quezon City on January 16, 2000;

Witness, FRANCISCO N. DOBLE, with CTC No. 01129385 issued at Quezon

City on December 15, 1999;

All known to me to be the same persons who signed the foregoing

Will, the first as testator and the last three as instrumental witnesses, and
they respectively acknowledged to me that they signed the same as their own
free act and deed. This Will consists of 3 pages, including the page on which
this acknowledgment is written, and has been signed on the left margin of
each and every page thereof by the testator and his witnesses, and sealed
with my notarial seal.
IN WITNESS WHEREOF, I have hereunto set my hand the day, year, and place
above written.

(signed)____________________
ALESANDRO Y. ROMA
Notary Public
My commission expires April17, 2002

Doc. No. 1092

Page No. 89
Book No. 4
Series of 2000

References:

Constitution
Code of Professional Responsibility, Canon 1, 2, 6, 14 – 21
Rules of Court, Rule 130, 138
Revised Penal Code, Art . 208-209, Art. .256-259, Art 11, Art .347-348, Art. 350-352
Family Code, Art. 41-43, Art.176, Art. 194- 208, Art 213-216
RA 8552 (Domestic Adoption Law)
Civil Code, Provisions on Wills and Succession; Art. 41-42