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2. Adulterous Relation

Saul, a married man, had an adulterous relation with Tessie. In one of the trysts, Saul’s wife, Cecile, caught them in flagrante.

Armed with a gun, Cecile shot Saul in a fit of extreme jealousy, nearly killing him. Four (4) years after the incident, Saul filed an action for legal separation against Cecile on the ground that she attempted to kill him.

   (1) If you were Saul’s counsel, how will you argue his case? 2.5%

   (2) If you were the lawyer of Cecile, what will be your defense? 2.5%

   (3) If you were the judge, how will you decide the case? 5%

1 comment:

Anonymous said...

II.

1.

I will argue Saul’s case by stating that one of the grounds of legal separation is attempt by the respondent against the life of the petitioner.

2.

If I were the lawyer of Cecile, my defense is that Cecile was not performing an unlawful act when she attempted to kill Saul since said attempt was made under exceptional circumstances as provided under the Revised Penal Code.

3.

If I were the judge, I will decide in favor of Cecile. Cecile has a valid defense. Moreover, Saul had an adulterous relationship which likewise is a ground for legal separation. Under the maxim “He who comes to court must come with clean hands”, the relief Saul is seeking should not be granted by the court.