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Atty. Abling, a labor lawyer and nominee of the Allied Workers' Group of the Philippines party, engages in labor counseling and representation of workers in labor cases and collective bargaining negotiations. Management lawyers filed a disbarment case against Atty. Abling, arguing that as a congressman he should not actively participate in cases before labor tribunals or employers due to the influence of his position. The Supreme Court found the grounds for disbarment meritorious as Atty. Abling's involvement in labor cases and collective bargaining negotiations constitutes the unlawful practice of law in violation of the Constitution and Labor Code. However, suspension from practice rather than disbarment is the appropriate penalty.

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134 views

BAr Questions

Atty. Abling, a labor lawyer and nominee of the Allied Workers' Group of the Philippines party, engages in labor counseling and representation of workers in labor cases and collective bargaining negotiations. Management lawyers filed a disbarment case against Atty. Abling, arguing that as a congressman he should not actively participate in cases before labor tribunals or employers due to the influence of his position. The Supreme Court found the grounds for disbarment meritorious as Atty. Abling's involvement in labor cases and collective bargaining negotiations constitutes the unlawful practice of law in violation of the Constitution and Labor Code. However, suspension from practice rather than disbarment is the appropriate penalty.

Uploaded by

Alder Abadinas
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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1.) .

In the May 2013 elections, the Allied Workers' Group of the Philippines
(AWGP), representing land-based and seabased workers in the Philippines and
overseas, won in the party list congressional elections. Atty. Abling, a labor
lawyer, is its nominee.
As part of the party's advocacy and services, Congressman Abling engages in
labor counseling, particularly for local workers with claims against their employers
and for those who need representation in collective bargaining negotiations with
employers. When labor cases arise, AWGP enters its appearance in representation
of the workers and the Congressman makes it a point to be there to accompany the
workers, although a retained counsel also formally enters his appearance and is
invariably there. Congressman Abling largely takes a passive role in the proceedings
although he occasionally speaks to supplement the retained counsel's statements.
It is otherwise in CBA negotiations where he actively participates.
Management lawyers, feeling that a congressman should not actively participate
in cases before labor tribunals and before employers because of the influence a
congressman can wield, filed a disbarment case against the Congressman before
the Supreme Court for his violation of the Code of Professional Responsibility and for
breach of trust, in relation particularly with the prohibitions on legislators under the
Constitution.
Is the cited ground for disbarment meritorious?
SUGGESTED ANSWER:
Being a congressman, Atty. Abling is disqualified under Article VI, Section 14 of the
1987 Constitution from personally appearing as counsel before quasijudicial and
other administrative bodies handling labor cases constitutes personal appearance
before them (Puyat vs. De Guzman, 135 SCRA 33). His involvement in collective
bargaining negotiations also involves practice of law, because he is making use of
his knowledge for the benefit of others (Cayetano vs. Monsod, 201 SCRA 210). The
Bureau of Labor Relations is involved in collective bargaining negotiations (Article
250 of the Labor Code).
Atty. Abling should not be disbarred but should be merely suspended from the
practice of law. Suspension is the appropriate penalty for involvement in the
unlawful practice of law (Tapay vs. Bancolo, 694 SCAR 1).

2.) Party-list Representative; Formula allocation (2007)


The Supreme Court has provided a formula for allocating seats for party-list
representatives. For each of these rules, state the constitutional or legal basis, if
any, and the purpose. The twenty percent allocation - the combined number of all

party-Iist congressmen shall not exceed twenty percent of the total membership of
the House of Representatives, including those elected under the party l
Answer: Section 5(2), Article VI of the Constitution, as implemented by R.A. No.
7941. The purpose is to assure that there will be at least a guaranteed portion of
the House of Representatives reserved for the party-list members. The legislative
policy is to promote the election of party-list representatives in order to enable
Filipinos belonging to the marginalized and underrepresented sectors to contribute
legislation that would benefit them

3.) Mr. Yellow and Mr. Orange were the leading candidates in the vice-presidential
elections. After elections, Yellow emerged as the winner by a slim margin of 100,000
votes. Undaunted, Orange filed a protest with the Presidential Electoral Tribunal
(PET). After due consideration of the facts and the issues, the PET ruled that Orange
was the real winner of the elections and ordered his immediate proclamation.
(c) What is the composition of the PET? (2%)
SUGGESTED ANSWER
The Presidential Electoral Tribunal is composed of the Chief Justice and the
Associate Justices of the Supreme Court Sitting en banc. (Section 4, Article VII of the
Constitution.)
(d) What is judicial power? Explain Briefly. (2%)
SUGGESTED ANSWER
Judicial Power Sec.1(1) Art. 8 is the authority to settle justiciable controversies or
disputes involving rights that are enforceable and demandable before the courts of
justice or the redress of wrongs for violation of such rights. (Lopez vs. Roxas, 17
SCRA 756.) it includes the duty of the courts to settle actual controversies involving
rights which are legally demandable and enforceable, and to determine whether or
not there has a grave abuse of discretion amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality of the government. (Section 1, Article
VIII of Constitution.)

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