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Philippine Bar review · Question

Practice question: Attorney’s Fees

Multiple Choice Medium Jurisprudence

Practice question

A union of 200 members holds a duly called special-assessment meeting for an otherwise lawful legal-services fee. Ninety attend and all ninety approve. Does that vote alone meet the majority-of-all-members requirement?
  1. Yes; the lawyer may supply the missing votes
  2. Yes; unanimity of attendees is always enough
  3. Yes; any five attendees may bind all members
  4. No; ninety is not a majority of two hundred
  5. Yes; attendance eliminates the statutory denominator

Legal references

  • Labor Code, Article 250 (formerly 241), paragraphs (g)-(p), as applicable: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
  • Mariño v. Gamilla, GR 149763, July 7, 2009, main decision, special-assessment safeguards: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/49401

Answer this question in flashcards to review your response and continue practicing.