Cabalbag’s Group

Precious Ann Cababa

Rafael Abedes
Kymberly Villacista
Joe Luis Guillermo
Sheena Lyn Guzman
Karmina Velasco
Roman David Dela Cruz
Casey Jay Utleg
Ralph Mikael Caculitan

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 to enter 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.

1. Should Atty. Paulina Paz have prepared the support and custody contract between Cora and
Manuel?

2. Comment on the plan of Manuel and Wendy to simulate the birth of the baby.

3. Is there a lawyer-client relationship between the couple and Louis? Between Manuel and
Louis?

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

5. Will duties of confidentiality be less strict, since as a rule, messages sent thru the internet are
not secure?

14.What considerations should a judge make when he or she is close to another legal expert in the
same town who is working with matters that could be the subject of court proceedings?
a)Have measures been taken in the court to avoid, as far as possible, a disqualification situation?
b)Does the judge observe discretion and avoid speaking to friends and relatives about cases or matters
being handled in the court?
c)Does the relationship give the judge reason to take into account other specific considerations?

15.Should a judge be considered disqualified in a case in which a lawyer with whom he/she socializes
is involved?
a.What should a judge bear in mind when socializing with lawyers who work in the same locality in
order to avoid disqualification problems etc.?