I.

The test seeks to determine your learning on the basic courses on Legal Ethics
and Family Law and your practical application of what you have learned to given
specific situation.
 
Scenario A.
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 survivor and many passenger
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 ago and
a half passed since the plane crash, Wendy meet 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 indicating that Manuel may be
alive, and is living Hong Kong. Despite efforts 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 summary proceeding before her June wedding. He adds that he would do this without
compensation as a proof in 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. 
1. Did Louie violate his lawyer-client confidentiality when he told Wendy that Ben
was Manuel's  child? Explain
2. Is Louie's advise for Wendy to secure a declaration of presumptive death
Manuel legally and morally correct? Explain
3. Are the unconfirmed information that Manuel was seen alive sufficient to
destroy the "well-founded belief" on the part of Wendy that Manuel, her missing
and absentee spouse, is dead?
4. Will the declaration of Manuel's presumptive death dissolve the marital
relationship between Manuel and Wendy? Why?  
Your Answer:
1. Yes, Louis violated the lawyer-client confidentiality.
Under the Code of Professional Responsibility, a lawyer shall preserve the confidence
and secrets of his client even after the Attorney-Client is Terminated.
Here, Louis disclosing to Wendy the status of Ben as a child of Manuel and Cora violate
the Canon 21 of CPR unless required by law and authorized by the client.
Therefore, Louis violated the awyer-client confidentiality.
 
2.
No, it is not legally and morally correct.
Under the Family Code, Article 41,  a marriage contracted by any person during
subsistence of a previous marriage shall be null and void, unless before the celebration
of the subsequent marriage, the prior spouse had been absent for four consecutive
years and the spouse present has a well-founded belief that the absent spouse was
already dead. In case of disappearance where there is danger of death under the
circumstances set forth in the provisions of Article 391 of the Civil Code (Links to an
external site.), an absence of only two years shall be sufficient.
Here, the date to reckon for the purposes of securing the declaration of presumptive
death of two (2) years is in March 2001 when then the incident happened. And
furthermore, Wendy should successfully establish a well-founded belief that Manuel is
dead provided that such belief must result from diligent efforts to locate the absent
spouse. 
Therefore, it is not legally and morally correct.
3. 
Yes, it will destroy her "well-founded belief''.
Under the series of Supreme Court Decisions, the Court provided that such belief must
result from diligent efforts to locate the absent spouse. Such diligence entails an active
effort on the part of the present spouse to locate the missing one. The mere absence of
a spouse, devoid of any attempt by the present spouse to locate the former, will not
suffice.
Here, Wendy upon hearing information that Manuel may be still alive, did not exert
required diligence by an active effort and proper and honest-to-goodness inquiries to
ascertain that Manuel is still alive or already dead.
Therefore, it will destroy her well-founded belief.
4. 
No, it will not be dissolved,
Under the Family Code,  Article 41 provides a marriage contracted by any person during
the subsistence of a previous marriage shall be null and void, unless before the
celebration of the subsequent marriage, the prior spouse had been absent for four
consecutive years and the spouse present has a well-founded belief that the absent
spouse was already dead. In case of disappearance where there is a danger of death
under the circumstances set forth in the provisions of Article 391 of the Civil Code (Links
to an external site.), an absence of only two years shall be sufficient.
Here, Wendy resorted the Article 41 of the Family Code wishing to remarry knowing
fully well that their alleged missing spouses may still be alive and well by not exercising
the proper diligence to locate Manuel.
Therefore, the marital relationship of Manuel and Wendy will not be dissolved.
 
 
 
 
Question 2
Not yet graded / 1 pts
Scenario B
On April 2005, four years after the plane crash, probate proceedings for Manuel's will
were initiated. In the will, Manuel left P500,000.00 to Cora, and the rest of all his
properties to Wendy and Ben equally (based on the 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 give Ben up to his biological
mother since she (Wendy) has learned to love him. However, she is adamant about not
giving Cora the P500,000.00.
5. Should Wendy contest the will? -Explain
6. Louie reminds Wendy that in all their years of friendship, she and Manuel had
gone to him for all their legal problems but not once did he charge them for a fee.
Due to the time involved in litigating this case (in not giving Cora the
Php500,000.00), he accepts the case gut demands from Wendy payment of
Php150,000.00, his standard fee. Wendy refuses.
Can Louie withdraw from the case? -Explain
Your Answer:
5. 
Yes, Wendy should contest the Will.
Under the New Civil Code, Article 894, if the testator leaves illegitimate children, the
surviving spouse shall be entitled to one-third of the hereditary estate of the deceased
and the illegitimate children to another third. The remaining third shall be at the free
disposal of the testator.
Here, Cora, a paramour of Manuel is not protected by law to have a share in the estate
of the descendent. Wendy can contest the will if it will prejudice her share in the estate.
Therefore, Wendy should contest the Will.
6.
Yes, Louis can withdraw.
Under the Code of Professional Responsibility, a lawyer may withdraw his services
when the client deliberately fails to pay the fees for the services.
Here, Louis may withdraw his service since his service will involve the time and effort on
litigating the case provided furthermore that the charge is fair and reasonable.
Therefore, he can withdraw from the case.
 
 
Question 3
Not yet graded / 1 pts
II. Ethical Problems in Mediation
7. You are assisting a client in a mediation proceeding. During the proceedings,
the mediator makes a doctrinal statement about the rights of the parties which is
erroneous but which is favorable to your clients cause. Will you correct the
mediator and state the right doctrine, or will  you just keep quite? Why?
8. You are counsel in mediation proceeding, and the mediator assigned to the
case by the supervisor happens to be your friend. The other party and his
counsel do not know this. If the mediator does not reveal this, will you volunteer
the information or just keep quite?
9. In preparing for a mediation proceeding, you learn the mediator assigned to the
case of your client is a married girl with whom you have had an extra-marital
affair. Will you reveal this to disqualify her or not?
10. In a civil case that was subjected to mediation but failed, the opposing parties
testifies in open court that he has been trying settle with your client but he fail
due to the intransigence of your client. In the mediation proceedings, however, it
was the opposing party who backed out of a possible compromise after initially
agreeing to it. Since mediation proceeding are confidential will you bring this fact
to contradict him or not? Why or why not?
Your Answer:
7.
Yes, I will correct the mediator.
The roles of the lawyers in attending the mediation proceedings is to cooperate with the
Mediator
towards the amicable settlement of the dispute between the parties involved.
Here, stating the right doctrine will guide parties and the mediator in assisting to have a
win-win situation or amicable settlement between the parties involved.
Therefore, I will correct the mediator.
8.
I will reveal the information.
Under the Code of Professional Conduct of a Mediator, a mediator shall disclose any
known, significant current, or past personal or professional relationship with any party or
attorney involved in the mediation, and the mediator and parties should discuss on a
case by case basis whether or not to continue.
Here, the result of the mediation proceeding may be affected the amicable settlement if
the other parties and counsel may have known from the start of the conflict of interest
among the parties.
Therefore, I will reveal the information.
9.
I will reveal the information.
Under the Code of Professional Conduct of a Mediator, a mediator shall disclose any
known, significant current, or past personal or professional relationship with any party or
attorney involved in the mediation, and the mediator and parties should discuss on a
case by case basis whether or not to continue.
Here, the result of the mediation proceeding may be affected the amicable settlement if
the other parties and counsel may have known from the start of the conflict of interest
among the parties.
Therefore, I will reveal the information.
10. 
No, I will not disclose it.
Under the Confidentiality of Records of Mediation, the proceedings and all incidents
thereto shall be kept strictly confidential otherwise specifically provided by law, and all
admissions or statements made
therein shall be inadmissible for any purpose in any proceeding.
Here, the disclosure of the facts in the mediation will not affect the civil case even the
opposing party testifies it in the open court.
Therefore, I will not disclose it.