ADM. CASE No. 5252 – 428 SCRA 567 – Legal Ethics – Gross Misconduct – What “Conduct” Means In November 1996, Attorney Henry Adaza went to Priscilla Orbe to borrow P60k. Orbe loaned Adaza the said amount. As security, Adaza issued Orbe two checks to cover the loan plus interest. […]
Howard
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So, you may have been writing a case digest for, say Criminal Law, when after writing a few sentences you review what you wrote and came across a line similar to this: “The fiscal then submitted three informations against the three accused.” If you are using Microsoft Word, you may […]
Compulsory retirement takes place at age 65, while optional retirement is primarily determined by the CBA or other employment contract or employer’s retirement plan. In the absence of any provision on optional retirement in a CBA, other employment contract, or employer’s retirement plan, an employee may optionally retire upon reaching […]
NO. Article 22 of the Labor Code provides that it shall be mandatory for all Filipino workers abroad to remit a portion of their foreign exchange earnings to their families, dependents, and/or beneficiaries in accordance with the rules and regulations prescribed by the Secretary of Labor and Employment. Executive Order No. 857 prescribes the percentage of foreign exchange remittance from 50% to 80% […]
Social security laws are those labor statutes that provide protection not only to a worker but also to members of his family in case of loss of income or when there is need for medical care brought about by contingencies like sickness, disability, death, and old age. Examples of social security […]
Labor legislation is an exercise of police power. The purpose of labor legislation is to regulate the relations between employers and employees respecting the terms and conditions of employment, either by providing for certain standards or for a legal framework within which better terms and conditions of work could be negotiated through collective bargaining. It is […]
The salient features of the Protection to Labor provision of the Constitution (Article XIII. Section 3) are as follows: 1. Extent of Protection – Full protection to labor; 2. Coverage of Protection – Local and overseas, organized and unorganized; 3. Employment Policy – Full employment and equality of employment opportunities for all; […]
Quantum meruit means as much as the lawyer deserves or such amount which services merit. Recovery of attorney’s fees on the basis of quantum meruit is authorized: When there is no express contract for payment of attorney’s fees; When although there is a formal contract for attorney’s fees, the fees […]
Ambulance chasing refers to solicitation of almost any kind of legal business by laymen employed by an attorney for the purpose [of legal business] or by the attorney himself. The term is derived from the notorious practice of some lawyers who follow patients from ambulances to the emergency room to […]
An agreement by a lawyer to conduct the litigation on his own account, to pay the expenses thereof or to save his client therefrom and to receive as his fee a portion of the proceeds of a judgment is obnoxious to the law. Such agreement is known as champertry. Although […]
An attorney of record is the attorney whose name, together with his address, is entered in the record of a case as the designated counsel of the party litigant in the case and to whom judicial notices relative thereto are sent.
A lawyer called “of counsel” is an experienced lawyer, who is usually a retired member of the judiciary, employed by law firms as consultant.
The term bench refers to the judiciary i.e. judges and justices while the term bar refers to the legal profession.
A member of the Philippine Bar is commonly known by the term lawyer or attorney. There is no distinction between the two terms in this jurisdiction.* The term has a fixed and general signification and refers to that class of persons who by license are officers of the court and […]
The term legal ethics is the embodiment of all principles of morality and refinement that should govern the conduct of every member of the bar. It has also been broadly defined as the “living spirit of the profession, which limits yet uplifts it as a livelihood.” Specifically, it refers to […]
An amicus curiae is an experienced and impartial attorney invited by the court to appear and help in the disposition of issues submitted to it. It implies the friendly intervention of counsel to call the attention of the court to some matters of law or facts which might otherwise escape its […]