1943 constitution biography examples

Court of Appeals[25] particularly the following passage: x x x. Marwil N. Llasos resigned from the Intervenor and Atty. Richard B. Dasal became barred from private practice upon his appointment as head of the Legal Department of the Small Business Guarantee and Finance Corporation, a government subsidiary; and that Atty. Llasos and Atty.

Dasal had personally handled her case. Malvar adds that even assuming, arguendothat the Intervenor still existed as a law firm, it was still not entitled to intervene for the following reasons, namely: firstly, it failed to attend to her multiple pleas and inquiries regarding the case, as when communications to the Intervenor through text messages were left unanswered; secondly, maintaining that this was a justifiable cause to dismiss its services, the Intervenor only heeded her repeated demands to withdraw from the case when Atty.

Dasal was confronted about his appointment to the government subsidiary; thirdly, it was misleading and grossly erroneous for the Intervenor to claim that it had rendered to her full and satisfactory services when the truth was that its participation was strictly limited to the preparation, finalization and submission of the 1943 constitution biography examples for review with the Supreme Court; and finally, while the Intervenor withdrew its services on October 5,the compromise agreement was executed with the respondents on December 9, and notarized on December 14,after more than a year and two months, dispelling any badge of bad faith on their end.

Ruling of the Court We shall decide the issues accordingly. Change of attorneys. He may also retire at any time from an action or special proceeding, without the consent of his client, should the court, on notice to the client and attorney, and on hearing, determine that he ought to be allowed to retire. In case of substitution, the name of the attorney newly employed shall be entered on the docket of the court in place of the former one, and written notice of the change shall be given to the adverse party.

A client may at any time dismiss his attorney or substitute another in his place, but if the contract between client and attorney has been reduced to writing and the dismissal of the attorney was without justifiable cause, he shall be entitled to recover from the client the full compensation stipulated in the contract. However, the attorney may, in the discretion of the court, intervene in the case to protect his rights.

For the payment of his compensation the attorney shall have a lien upon all judgments for the payment of money, and executions issued in pursuance of such judgment, rendered in the case wherein his services had been retained by the client. Bold emphasis supplied In fine, it is basic that an attorney is entitled to have and to receive a just and reasonable compensation for services performed at the special instance and request of his client.

The attorney who has acted in good faith and honesty in representing and serving the interests of the client should be reasonably compensated for his service. The Court does so in the interest of protecting the rights of the practicing Bar rendering professional services on contingent fee basis. There being no obstacles to its approval, the Court approves the compromise agreement.

The Court adds, however, that the Intervenor is not left without a remedy, for the payment of its adequate and reasonable compensation could not be annulled by the settlement of the litigation without its participation and conformity.

1943 constitution biography examples: The Philippines is a republican

It remains entitled to the compensation, and its right is safeguarded by the Court because its members are officers of the Court who are as entitled to judicial protection against injustice or imposition of fraud committed by the client as much as the client is against their abuses as her counsel. In other words, the duty of the Court is not only to ensure that the attorney acts in a proper and lawful manner, but also to see to it that the attorney is paid his just fees.

The P41, The records reveal that on March 18,Malvar engaged the professional services of the Intervenor to represent her in the case of illegal dismissal. Malvar should accept that the practice of law was not limited to the conduct of cases or litigations in court but embraced also the preparation of pleadings and other papers incidental to the cases or litigations as well as the management of such actions and proceedings on behalf of the clients.

But, as earlier pointed out, although a client may dismiss her lawyer at any time, the dismissal must be for a justifiable cause if a written contract between the lawyer and the client exists. We do not think so. The letter Malvar addressed to Retired Justice Bellosillo, who represented the Intervenor, debunked her allegations of unsatisfactory legal service because she thereby lavishly lauded the Intervenor for its dedication and devotion to the prosecution of her case and to the protection of her interests.

1943 constitution biography examples: A new constitution was ratified in

Also significant was that the attorney-client relationship between her and the Intervenor was not severed upon Atty. In other words, the Intervenor remained as her counsel of record, for, as we held in Rilloraza, Africa, De Ocampo and Africa v. Eastern Telecommunication Philippines, Inc. The stipulations of the written agreement between Malvar and the Intervenors, not being contrary to law, morals, public policy, public order or good customs, were valid and binding on her.

They expressly gave rise to the right of the Intervenor to demand compensation. In a word, she could not simply walk away from her contractual obligations towards the Intervenor, for Article of the Civil Code provides that obligations arising from contracts have the force of law between the parties and should be complied with in good faith.

Nor did the withdrawal constitute a waiver of the agreement. Undersigned counsel further requests that they be furnished copy of the decision, resolutions and other legal processes of this Honorable Court to enable them to protect their interests. The respondents insist that they were not bound by the written agreement, and should not be held liable under it.

The objective of her withdrawal of the case was to release the respondents from all her claims and causes of action in consideration of the settlement in the stated amount of P40, In other words, she thereby waived more than what she was lawfully expected to receive from the respondents. Secondly, the respondents suddenly turned around from their strong stance of berating her demand as offensive to all precepts of justice and fair play and as a form of unjust enrichment for her to a surprisingly generous surrender to her demand, allowing to her through their compromise agreement the additional amount of P40, The softening unavoidably gives the impression that they were now categorically conceding that Malvar deserved much more.

This ruling was affirmed by the CA. Thus, the Intervenor should be declared entitled to recover full compensation in accordance with the written agreement because it did not assent to the waiver of the stock options, and did not waive its right to that part of its compensation. The President, with the concurrence of two-thirds of all the members of the National Assembly, shall have the power to declare war and make peace, and, with the concurrence of a majority of all its members, conclude treaties.

He shall receive ambassadors and diplomatic ministers duly accredited to the Republic of the Philippines. The President shall have the power to grant reprieves, commutations and pardons, and remit fines and forfeitures, after conviction, for all offenses, upon such conditions and with such restrictions and limitations as he may deem proper to impose.

He shall have the power to grant amnesty with the concurrence of the National Assembly. The President shall from time to time give to the National Assembly information of the state of the Nation, and recommend to its consideration such measures as he shall judge necessary and expedient. The Legislative power shall be vested in the National Assembly.

The National Assembly shall be composed of the provincial governors and city mayors as members ex-officio, and of delegates to be elected every three years, one from each and every province and chartered city. The date and manner of their election and the method of filling vacancies shall be prescribed by law, which shall not be subjected to change or modification during the Greater East Asia War.

No person shall be elected to the National Assembly unless he has been five years a citizen of the Philippines, and is at least thirty years of age. It may also be called in special session by the President, for such time as he may determine, to consider general legislation or only such subjects as he may designate. A majority of all the members shall constitute a quorum to do business, but a smaller number may meet from day to 1943 constitution biography examples, and may compel the attendance of absent members, in such manner and under such penalties as the National Assembly may provide.

It shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in its judgment require secrecy, and the yeas and nays on any question shall, at the request of one-fifth of its members present, be entered in the journal. The Speaker and members of the National Assembly shall receive such compensation as may be fixed by law, exclusive of traveling expenses to and from their respective province or cities in attending the sessions of the National Assembly.

The National Assembly shall not have the power to increase the compensation of its Speaker and its members during their term of office. The members of the National Assembly shall be privileged from arrest during their attendance at the sessions of the National Assembly, and in going to and returning from the same, except when they commit a crime in which the penalty fixed by law is death or imprisonment or more than twelve years; and for any speech or debate therein, they shall not be questioned in any other place.

The Ministers, upon their own initiative or upon the request of the National Assembly, may appear before and be heard by the National Assembly on any matter pertaining to their ministries, unless the public interest shall require otherwise and the President shall so state in writing. If he approves the same, he shall sign it; but if not, he shall return it with his objections to the National Assembly, which shall enter the objections at large on its journal and may proceed to reconsider and reapprove it by a vote of two-thirds of all its members.

In all such cases the votes of the National Assembly shall be determined by yeas and nays and the names of the members voting for and against shall be entered in the journal. If the President should disapprove the bill for the second time, the National Assembly may not during the same session reconsider and repass the bill. If any bill shall not be returned by the President as herein provided within twenty days Sundays excepted after it shall have been presented to him, the same shall become a law in 1943 constitution biography examples manner as if he had signed it, unless the National Assembly by adjournment prevent its return, in which case it shall become a law unless vetoed by the President within forty days after adjournment.

When a provision of an appropriation bill affects one or more items of the same, the President cannot veto the provision without at the same time vetoing the particular item or items to which it relates. Upon the last reading of a bill no amendment thereof shall be allowed; and the question upon its final passage shall be taken immediately thereafter, and the yeas and nays entered on the journal.

If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the government. In times of war or other national emergency, the National Assembly may by law authorize the President, for a limited period and subject to such restrictions as it may prescribe, to promulgate rules and regulations to carry out a declared national policy.

When the National Assembly is not in session, the President may in cases of urgent necessity, promulgate rules and ordinances which shall have the force and effect of law until disapproved by resolution before the end of the next regular session of the National Assembly. The Judicial Power shall be vested in the Supreme Court and such inferior courts as may be established by law.

The National Assembly shall have the power to define, prescribe, and apportion the jurisdiction of the various courts, but may not deprive the Supreme Court of its original Jurisdiction over cases affecting ambassadors, diplomatic ministers and consuls, nor of its jurisdiction to review, revise, reverse, modify, or affirm on appeal, certiorari, or writ of error, as the law or the rules of court may provide, final judgments and decrees of inferior courts in all cases in which the constitutionality of any law, ordinance, or executive order or regulation is in question, or in which the jurisdiction of any court is in issue or where only errors or questions of law are involved.

The members of the Supreme Court shall be appointed by the President with the advice of the Cabinet. All judges of inferior courts shall be appointed by the President with the advice of the Supreme Court. No person may be appointed member of the Supreme Court unless he be a citizen of the Philippines, is at least forty years of age and has been a judge of a court of record or has been engaged in the practice of law in the Philippines for at least ten years.

The National Assembly shall prescribe the qualifications of judges of the inferior courts but no person may be appointed judge of any such courts unless he be a citizen of the Philippines and has been admitted to the practice of law in the Philippines. The members of the Supreme Court and judges of inferior courts shall hold office during good behavior, until they become incapacitated to discharge the duties of their office.

They shall receive such compensation as may be fixed by law, which may not be diminished during their continuance in office except in case of a general revision of salaries of all officials and employees of the government. The conclusions of the Supreme Court in any case submitted to it for decision shall be reached in consultation before the case is assigned to a Justice for the writing of opinion of the court.

Any Justice dissenting from a decision shall state the reasons for his dissent. No law or executive order, ordinance or regulation may be declared unconstitutional without the unanimous vote of all the members of the Supreme Court.

1943 constitution biography examples: The Tehran Conference was a meeting

No decision shall be rendered by any court of record without expressing therein clearly and distinctly the facts and the law on which it is based. The Supreme Court shall have the power to promulgate rules concerning pleading, practice and procedure in all courts, and the admission to the practice of law. Said rules shall be uniform for all courts of the same grade and shall not diminish, increase or modify substantive rights.

All existing laws on pleading, practice and procedure are subject to alteration and modification by the Supreme Court. The President and the Justices of the Supreme Court shall be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, or other high crimes. The National Assembly, by a vote of two-thirds of all its members, shall have the sole power of impeachment.

The Supreme Court shall have the sole power to try all impeachments. No person shall be convicted without the concurrence of three-fourths of all the Justices of the Supreme Court. Judgment in cases of impeachment shall not extend further than to removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the government of the Republic of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment, according to law.

The following are citizens of the Philippines:. Philippine citizenship may be lost or reacquired in the manner provided by law. It is the duty of every citizen to render personal military and civil service as may be required by law, to pay taxes and public charges, and to engage in a useful calling, occupation or profession. Upon ratification by the Kalibapi assembly, the Second Republic was formally proclaimed — Laurel was appointed as President by the National Assembly and inaugurated into office in October Laurel was highly regarded by the Japanese for having openly criticised the US for the way they ran the Philippines, and because he had a degree from Tokyo International University.

The Constitution remained in force in Japanese-controlled areas of the Philippines, but was never recognized as legitimate or binding by the governments of the United States or of the Commonwealth of the Philippines and 1943 constitution biography examples organizations loyal to them. In latePresident Laurel declared a state of war existed with the United States and the British Empire and proclaimed martial law, essentially ruling by decree.

His government in turn went into exile in Decemberfirst to Taiwan and then Japan. After the announcement of Japan's surrender, Laurel formally dissolved the Second Republic. The Legislature consisted of a unicameral National Assembly and only those considered to be anti-US could stand for election, although in practice most legislators were appointed rather than elected.

1943 constitution biography examples: The Filipino people, imploring the

It was only during the Macapagal administration that a partial political rehabilitation of the Japanese-era republic took place, with the official recognition of Laurel as a former president and the addition of his cabinet and other officials to the roster of past government officials. However, the Constitution was not taught in schools, and the laws of the National Assembly never recognized as valid or relevant.

The Constitution The Constitution, promulgated after Marcos' declaration of martial law, but having been in the planning process for years before this, was supposed to introduce a parliamentary-style government. Legislative power was vested in a unicameral National Assembly whose members were elected for six-year terms. The President was ideally elected as the symbolic and purely ceremonial head of state chosen from amongst the Members of the National Assembly for a six-year term and could be re-elected to an unlimited number of terms.

Upon election, the President ceased to be a Member of the National Assembly. During his term, the President was not allowed to be a member of a political party or hold any other office. Executive power was meant to be exercised by the Prime Minister who was also elected from amongst the sitting Assemblymen. From 16—17 Octobera majority of barangay voters also called "Citizen Assemblies" approved that martial law should be continued and ratified the amendments to the Constitution proposed by President Marcos.

It adopted certain provisions from the Constitution while abolishing others. It granted the President broad powers to reorganise government and remove officials, as well as mandating the President to appoint a commission to draft a new, more formal Constitution. This document, described above, supplanted the "Freedom Constitution" upon its ratification in Background of the Constitution.

Marcos as President, and following on her own inauguration, Corazon C. Aquino issued Proclamation 3, declaring a national policy to implement the reforms mandated by the people, protecting their basic rights, adopting a provisional constitution, and providing for an orderly transition to a government under a new constitution. Aquino also deliberately appointed five members, including former Labour Minister Blas Ople, who had been allied with Marcos until the latter's ouster.

The Commission finished the draft charter within four months after convening. Several issues were heatedly debated during the sessions, including on the form of government to adopt, the abolition of the death penalty, the continued retention of the Clark and Subic American military bases, and the integration of economic policies into the Constitution.

Brocka would walk out of the Commission before its completion, and two other delegates would dissent from the final draft. The ConCom completed their task on October 12, and presented the draft constitution to President Aquino on October 15, Constitution of the Philippines The Constitution is divided into a Preamble and 18 1943 constitutions biography examples called Articles.

Preamble The Preamble introduces the Constitution, identifies the author and the purposes of the fundamental law and aids the authorities in the interpretation of the Constitution since it lays down the visions of the government. The Preamble reads: We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.

It also specifies that the waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions form part of the internal waters of the Philippines.