Dilemma 2 & 3:

Contract for Support and Custody, and Simulated Birth Certificate

C. Is there a lawyer-client relationship between the couple and Luis?

Between Manuel and Luis?

In both, there exist an attorney-client relationship.

The Supreme Court has repeatedly held in numerous cases that the
establishment of an attorney-client relationship devolves upon the employment
of an attorney either to “xxx give advice upon a legal point, to prosecute or
defend an action in a court of justice, or to prepare and draft, in legal form, such
papers as deeds, bills, contracts and the like”.1 Formality is not an essential
element of the employment of an attorney. As such, it is sufficient that the
advice and assistance of the attorney is sought and received, in matters pertinent
to the profession.2 (Emphasis supplied).

To illustrate, in the case ROSARIO JUNIO, Complainant, vs. ATTY.

SALVADOR M. GRUPO, Respondent (A.C. No. 5020. December 18, 2001), the
Supreme Court succinctly explained that to constitute professional employment
it is not essential that the client should have employed the attorney
professionally on any previous occasion. The Supreme Court thus said:

“It is not necessary that any retainer should have been paid,
promised, or charged for; neither is it material that the attorney
consulted did not afterward undertake the case about which the
consultation was had. If a person, in respect to his business
affairs or troubles of any kind, consults with his attorney in his
professional capacity with the view to obtaining professional
advice or assistance, and the attorney voluntarily permits or
acquiesces in such consultation, then the professional
employment must be regarded as established . . . .” (Underscoring
supplied)

The absence of a written contract does not preclude a finding that there
was a professional relationship which merits attorney’s fees for professional

1 Hilado vs. David, 84 Phil. 569.

2 7 C.J.S., 848-849; see Hirach Bros. & Co. vs. R.E. Kennington Co., 99 A.L.R., 1.
services rendered. A written contract is not an essential element in the
employment of an attorney; the contract may be express or implied. To establish
the relation, it is sufficient that the advice and assistance of an attorney is sought
and received in any matter pertinent to his profession.3

Applying the above precedents in the case, there is therefore an attorney-

client relationship between the spouses Wendy and Manuel and Luis. The
manner in which the advice was given by Luis to the spouses, whether the same
sprung from pure gratuity, or on his own, or that the same was given for the
sake of amity, is not a factor to determine the existence of attorney-client
relationship.

D. Does a request for legal opinion and a response done through the internet
give rise to a lawyer-client relationship?

Yes, a request for legal opinion and a response done through the internet
give rise to a lawyer-client relationship.

The Code of Professional Responsibility, particularly Canon 14, mandates

that a lawyer shall not refuse his services to the needy. Whether the request for
legal opinion is done face to face, or through any written communication,
whether it be done through paper or through the internet (i.e. electronic mail), a
client-lawyer relationship is constituted.

In this particular case, however, since Manuel confessed to Luis the real
reason why he plans on Simulating the Birth Certificate of Cora’s baby, Luis
should be candid4 with Manuel regarding his case especially that the latter has
brought to fore a material fact that can affect his case. Given Manuel’s
confession, Luis must also impress upon Manuel the necessity of complying with
the laws. Canon 15.07 of the Code of Professional Responsibility is clear on this,
thus:

“Rule 15.07. - A lawyer shall impress upon his client

compliance with the laws and the principles of fairness.”

3 Dee v. Court of Appeals, 176 SCRA 651 (1989).

4Rule 15.05. - A lawyer when advising his client, shall give a candid and honest opinion on the merits
and probable results of the client's case, neither overstating nor understating the prospects of the case.
 Pursuant to the above-mentioned professional mandates, Luis is bound to
advise Manuel that their plan on simulating the birth5 of Cora’s baby, by letting
Cora pretend as Wendy6, are punishable acts under the Revised Penal Code, and
simply because being a lawyer, Luis should obey the laws of the land.7

Apart from this, Luis should also be mindful that he Rule 1.01 - A lawyer shall
not engage in unlawful, dishonest, immoral or deceitful conduct.

5Article 347. Simulation of births, substitution of one child for another and concealment or abandonment of
a legitimate child. - The simulation of births and the substitution of one child for another shall be
punished by prision mayor and a fine of not exceeding 1,000 pesos.

The same penalties shall be imposed upon any person who shall conceal or abandon any legitimate child
with intent to cause such child to lose its civil status.

Any physician or surgeon or public officer who, in violation of the duties of his profession or office, shall
cooperate in the execution of any of the crimes mentioned in the two next preceding paragraphs, shall
suffer the penalties therein prescribed and also the penalty of temporary special disqualification. (Revised
Penal Code)

6Article 348. Usurpation of civil status. - The penalty of prision mayor shall be imposed upon any person
who shall usurp the civil status of another, should he do so for the purpose of defrauding the offended
part or his heirs; otherwise, the penalty of prision correccional in its medium and maximum periods shall
be imposed. (Revised Penal Code)

7 CANON 1 - A lawyer shall uphold the Constitution, obey the laws of the land and promote respect for
law of and legal processes.