Posts

Showing posts from May, 2023

Re: Voluntary Resignation | Quitclaims

Image
  Re: Voluntary Resignation |  Voluntary agreements, such as quitclaims, entered into and represented by a reasonable settlement, are binding on the parties and may not be later disowned simply because of a change of mind. | The Court must rely on the actual proof presented as evidence, such as Peckson's resignation letters, rather than mere allegations of fraud and deception.   Peckson filed a complaint for constructive dismissal with the NLRC on April 11, 2005, alleging that he was forced to resign by De Jesus after he accused him of falsifying De Jesus' signature in an "Authority to Travel" form. Panasonic maintained that Peckson voluntarily resigned from work, as seen in his two resignation letters, exit interview, clearance procedure, and signing of a quitclaim and release. De Jesus allegedly threatened to terminate Peckson's employment the next day. Proceedings in the LA and the NLRC LA Danna M. Castillon dismissed Peckson's complaint for lack of merit, ...

Promulgation of judgment in absentia

  Promulgation of judgment  in absentia Section 6, Rule 120 of the Revised Rules of Criminal Procedure allows a court to promulgate a judgment  in absentia  and gives the accused the opportunity to file an appeal within a period of fifteen (15) days from notice to the latter or the latter's counsel; otherwise, the decision becomes final when the respondent did not appear despite notice, and without offering any justification for his absence, the trial court should have immediately promulgated its Dccision. The promulgation of judgment  in absentia is  mandatory pursuant to the fourth paragraph of Section 6, Rule 120 of the Rules of Court: SEC. 6.  Promulgation of judgment. x x x x In case the, accused fails to appear at the scheduled date of promulgation of judgment despite notice, the promulgation [ shall]   be made by recording the judgment in the criminal docket and serving him a copy thereof at his last known address or thru his counsel[...

Request your Scribd file here

Image
 What is Scribd? Scribd gives you instant access to ebooks, audiobooks, articles, podcasts, sheet music, and documents — all in one simple digital subscription. Comment down the links (scribd URL file) you want to access for FREE! 👇👇👇👇

Re: The Practice of Law -- a Profession, Not a Business

Image
Re: The Practice of Law -- a Profession, Not a Business   Footnotes:  (11) Cantiller v. Potenciano, 180 SCRA 246, December 18, 1989.  (12) Canlas v. Court of Appeals, 164 SCRA 160, August 8, 1988.  (16) Sipin-Nabor v. Baterina, supra; Gonato v. Adaza, 328 SCRA 694, March 27, 2000, citing Obia v. Catimbang, 196 SCRA 23, April 19, 1991.  (17) Tanhueco v. De Dumo, 172 SCRA 760, April 25, 1989. Rule 18.03 of the Code of Professional Responsibility provides that lawyers should not neglect legal matters entrusted to them. Read the full text at https://dlupload.com/filedetail/1861882934

Private Practice...

Image
 PRIVATE PRACTICE FEELS “Atty, ang mahal naman ng singil niyong mga abogado, pumirma lang naman kayo” “Atty. May bayad pala, kala ko libre lang” “Atty. yung appearance fee niyo nakalimutan ko, saka ko na lang isend” When you go to a lawyer’s office for legal documents and notarization, all you see is the notarized document and the signature. But you do not see the years of mental, psychological and emotional struggles behind that authority to stamp and sign that document. Also, not all lawyers can notarize. We spend a lot to get commissioned every 2 years plus we are required to submit reports with the court. All you see is ”just a signature” But that signature can only be worth that much after we have spent millions in pre law, sacrificed another 4 years not to earn much but spent more in law school until we pass the bar.  When you go to a lawyer for legal advice, all you hear are the legal remedies already enumerated to suit your needs or to protect your rights in that parti...