1) Louis' suggestion for Jasmine to file for a declaration of presumptive death of Manuel despite only having unconfirmed information about his death after only 2 years of absence is unethical. 2) Filing such a declaration requires a well-founded belief of death, which requires earnest efforts to locate the absent spouse, not just suspicion. 3) Louis' motivation seems to be his own gain rather than upholding the law, as he suggested lying to the court and insinuated having influence over the family court judge.
1) Louis' suggestion for Jasmine to file for a declaration of presumptive death of Manuel despite only having unconfirmed information about his death after only 2 years of absence is unethical. 2) Filing such a declaration requires a well-founded belief of death, which requires earnest efforts to locate the absent spouse, not just suspicion. 3) Louis' motivation seems to be his own gain rather than upholding the law, as he suggested lying to the court and insinuated having influence over the family court judge.
1) Louis' suggestion for Jasmine to file for a declaration of presumptive death of Manuel despite only having unconfirmed information about his death after only 2 years of absence is unethical. 2) Filing such a declaration requires a well-founded belief of death, which requires earnest efforts to locate the absent spouse, not just suspicion. 3) Louis' motivation seems to be his own gain rather than upholding the law, as he suggested lying to the court and insinuated having influence over the family court judge.
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