Philippine Bar review · Question

Practice question: Attorney’s Fees

Multiple Choice Medium Jurisprudence

Practice question

A union pays its bargaining counsel an agreed fee from pre-existing union funds. All applicable internal authorizations are satisfied, and no employee benefit is reduced. Does Article 228(b) prohibit the payment simply because the fee arose from collective bargaining?
  1. No; it expressly permits agreed attorney's fees to be charged against union funds.
  2. Yes; counsel may never be paid for bargaining.
  3. Yes; every fee must be charged to individual members.
  4. Yes; only the employer may pay such fees.
  5. No; because all attorney fees are exempt from every authorization rule.

Legal references

  • https://library.laborlaw.ph/wp-content/uploads/2023/10/2022.Labor_.Code_.DOLE-edition.pdf — Labor Code Arts. 228(b) [222(b)], 250(n)–(o) [241(n)–(o)], 259(h) [248(h)] and 260(e) [249(e)].
  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/49401 — Mariño v. Gamilla, G.R. 149763, July 7, 2009, main decision.

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