Philippine Bar review · Question

Practice question: Attorney’s Fees

Multiple Choice Medium Jurisprudence

Practice question

For an attorney-fee assessment unrelated to a mandatory Code activity, the union has only a board resolution and no individual written authorization from the employee concerned. It orders a check-off from that employee's bonus. Is the board resolution alone sufficient?
  1. Yes; officers may always dispose of members' bonuses.
  2. Yes; a bonus is outside Article 250(o).
  3. Yes; employment automatically implies consent.
  4. Yes; counsel's work substitutes for authorization.
  5. No; it does not replace the employee's required signed individual authorization.

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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