RENATO A ADRIANO III

3 BLOCK A

B. Comment on correctness, legal and moral of his advice in securing a

declaration of presumptive death of Manuel. Is unconfirmed information
enough to destroy the spouses well founded belief that the absentee spouse
is dead?

The law does not define what is meant by a well-grounded belief.

Belief is a state of the mind or condition prompting the doing of an overt
act. It may be proved by direct evidence or circumstantial evidence which
may tend, even in a slight degree, to elucidate the inquiry or assist to a
determination probably founded in truth. Any fact or circumstance relating
to the character, habits, conditions, attachments, prosperity and objects of
life which usually control the conduct of men, and are the motives of their
actions, was, so far as it tends to explain or characterize their disappearance
or throw light on their intentions, competence evidence on the ultimate
question of his death. Under Article 390 and 391 of the Civil Code of the
Philippines, The law speaks of specific period of absence (seven, ten, five or
four years), depending on the situation and purpose .Wendy may not yet
secure a declaration of presumptive death of Manuel since the latter is only
absent for almost two years. In RP vs. CA and Alan Alegro, GR 159614,
December 9, 2005 cited that the mere fact that the information, about
whether the spouse is dead or not, is unconfirmed negates the character of
belief of the other spouse, that the spouse is dead, as well-founded. The
belief of the present spouse must be the result of proper and honest to
goodness inquiries and efforts to ascertain the whereabouts of the absent
spouse and whether the absent spouse is still alive or is already dead.
Whether or not the spouse present acted on a well-founded belief of death of
the absent spouse depends upon the inquiries to be drawn from a great
many circumstances occurring before and after the disappearance of the
absent spouse and the nature and extent of the inquiries made by present
spouse.
C. Comment on ethical questions involved in Louise planned legal strategy
Considering the given facts, Louis suggestion to Jasmine on filing the
declaration of presumptive death although the information about Manuel's
death was not confirmed is unethical. Even though Manuel's absence for 2

years is a sufficient ground on filing the declaration of presumptive death on

summary proceeding still, the requirement of the law that the spouse
present has a well-founded belief of his death does not appear in this case
because earnest effort must be shown to support such belief and not a mere
suspicion only. A lawyer, as a servant of the law is supposed to be a good
example to the Filipino citizens in upholding and obeying the laws of the
land. He has a duty or responsibility greater than to the private citizen in
observing and promoting the respect due to the courts. As a lawyer, he
should be guided to do good and to avoid wrong. His suggestion, to push
through Wendys wedding is establish a corrupt motive and interest. Also, he
wants Wendy to lie for having any information on the possibility of locating
Manuel to mislead the court. His main reason in rendering his service is
motivated for his own gain or benefit. Hence, his action is unethical
considering his engaged in unlawful and dishonest conduct.
It is improper of a lawyer to give such assurance to his client or to even
think of insinuating such strategy in the insinuation about influence on the
family court judge Under Canon 15.07 of the Code of Professional
Responsibility; a lawyer shall impress a client compliance with the laws and
principle of fairness. He should refrain from actuations that would show or
even suggest impartiality in the bench. Such actions would result to distrust
and loss of faith and confidence in the Bar. The integrity and impartiality so
highly protected by all the members of the Bar can easily be destroyed by
such actions even if he wants to really help his client. While a lawyer owes
his entire devotion to the interest of his client and zeal in the defense of his
client and zeal in the defense of his clients rights, they are also officers of
the court, bound to exert every effort to assist in the speedy and efficient
administration of justice. They should not misuse the rules of procedure to
defeat the ends of justice or unduly delay a case, impede the execution of a
judgment or misuse of court process