An action for reconveyance is a legal remedy granted to a rightful owner of land wrongfully or erroneously registered in the name of another to compel the latter to reconvey the land to him. In reconveyance, the decree of registration is respected as incontrovertible. What is sought instead is the […]
Legal Questions
208 posts
May a priest or a member of the ecclesiastics run for public office? The question finds relevance in the the constitutional provision which states The separation of Church and State shall be inviolable. The Catholic Church actually prohibits their priests from running for public office. Their Code of Canon Law […]
At first glance, the two designations look the same and seem interchangeable. But the Supreme Court in Fianza vs. People clarified the distinctions between the two. In “Lascivious conduct under Sec. 5b of R.A. No. 7610”, the offended party is a minor 12 to 17 years of age, while in […]
Below is a comprehensive outline of the jurisdiction of Municipal Trial Courts, Metropolitan Trial Courts, Municipal Circuit Trial Courts, and Municipal Trial Courts in Cities: Original Jurisdiction in: I. Civil Cases 1. Exclusive a. Actions involving personal property valued at not more than P300,000.00 or in Metro Manila not more […]
Felonies can be committed either by means of deceit or by means of fault. If a felony is committed by means of deceit it is dolo or otherwise known as intentional felonies such as robbery. If it is committed by means of fault, then it is culpa or otherwise known as […]
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.