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 […]
Legal Questions
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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 […]
A counsel de parte is an attorney retained by a party litigant, usually for a fee, to prosecute or defend his cause in court. The term implies freedom of choice either on the part of the attorney to decline or accept the employment or on the part of the litigant to […]
A counsel de officio (counsel de oficio) is an attorney appointed by the court to defend an indigent defendant in a criminal action or to represent a destitute party in a case. The term connotes little or no other choice than the acceptance by the indigent party of whoever is appointed […]
In the study of Human Rights, rights are classified according: to source, to recipient, to aspect of life, to struggle for recognition, and to derogability. The classification is discussed below. According to Source 1. Natural Rights These are described as God-given rights, acknowledged by everybody to be morally good. They […]
The term practice of law is incapable of exact definition. Whether a particular activity comes within the meaning of the term depends upon the circumstances of each case. Generally, to engage in the practice of law is to do any of those acts which are characteristic of the legal profession. […]
The Social Security Law or Republic Act 1161 was enacted on June 18, 1954. Sections 8 to 10 thereof provides its coverage, to wit; Compulsory Coverage 1. All employees not over 60 years of age and their employers. 2. Domestic helpers with monthly income of not less than P1,000.00 a […]