Scribd Logo
Upload

Welcome to Scribd!

  • 43 views

    NPC DAMA v. NPC (2008)

    Uploaded by

    Juan Angel Evangelista
    The document discusses a case involving the illegal termination of employees of the National Power Corporation by Resolutions 124 and 125 passed by the National Power Board. The Supreme Court ruled the terminations were void and the employees were entitled to back wages and separation pay. The terminated employees' attorneys, Atty. Aldon and Atty. Orocio, filed a motion for approval of their charging lien for 25% of amounts recovered, citing their retainer agreement. However, the employees argued the attorneys were not authorized to represent them. The Court ultimately ruled the attorneys were entitled to a maximum 10% fee per the Labor Code for illegal dismissal cases.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd

    NPC DAMA v. NPC (2008)

    Uploaded by

    Juan Angel Evangelista
    43 views9 pages
    The document discusses a case involving the illegal termination of employees of the National Power Corporation by Resolutions 124 and 125 passed by the National Power Board. The Supreme Court ruled the terminations were void and the employees were entitled to back wages and separation pay. The terminated employees' attorneys, Atty. Aldon and Atty. Orocio, filed a motion for approval of their charging lien for 25% of amounts recovered, citing their retainer agreement. However, the employees argued the attorneys were not authorized to represent them. The Court ultimately ruled the attorneys were entitled to a maximum 10% fee per the Labor Code for illegal dismissal cases.

    Copyright

    © © All Rights Reserved

    Available Formats

    PPTX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document discusses a case involving the illegal termination of employees of the National Power Corporation by Resolutions 124 and 125 passed by the National Power Board. The Supreme Court ruled the terminations were void and the employees were entitled to back wages and separation pay. The terminated employees' attorneys, Atty. Aldon and Atty. Orocio, filed a motion for approval of their charging lien for 25% of amounts recovered, citing their retainer agreement. However, the employees argued the attorneys were not authorized to represent them. The Court ultimately ruled the attorneys were entitled to a maximum 10% fee per the Labor Code for illegal dismissal cases.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    43 views9 pages

    NPC DAMA v. NPC (2008)

    Uploaded by

    Juan Angel Evangelista
    The document discusses a case involving the illegal termination of employees of the National Power Corporation by Resolutions 124 and 125 passed by the National Power Board. The Supreme Court ruled the terminations were void and the employees were entitled to back wages and separation pay. The terminated employees' attorneys, Atty. Aldon and Atty. Orocio, filed a motion for approval of their charging lien for 25% of amounts recovered, citing their retainer agreement. However, the employees argued the attorneys were not authorized to represent them. The Court ultimately ruled the attorneys were entitled to a maximum 10% fee per the Labor Code for illegal dismissal cases.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 9

    NATIONAL POWER CORPORATION

    DRIVERS AND MECHANICS ASSOCIATION

    (NPC DAMA), ET AL.

    VERSUS

    NATIONAL POWER CORPORATION


    (NAPOCOR), NATIONAL POWER BOARD
    OF DIRECTORS (NPB), ET AL.

    G.R. No. 156208, 17 SEP 2008


    Chico-Nazario, J. – First Division
    REPUBLIC ACT 9316
    What is R.A. 9316?

    The Electric Power Industry Reform Act of 2001 (EPIRA Law)


    provides a framework for privatization of NAPOCOR assets and the
    transition to a more competitive structure by lowering consumer
    payment rates.
    R.A. 9316 (EPIRA)
    New National Power Board Chairman: DOF Secretary

    Members: Secretaries of DOE, DBM, DOA, DENR,


    DILG, DTI; NEDA Secretary-General; NAPOCOR
    President
    DOE created the Energy Restructuring Steering The Restructuring Committee would manage the
    Committee privatization and restructuring of the NAPOCOR,
    TRANSCO, and PSALM
    NPB passed Resolutions No. 2002-124 and 125 The resolutions provided for the legal termination
    of all NAPOCOR personnel, which entitled them to
    separation benefits, as well as the creation of a
    Transition Team.
    NPB RESOLUTIONS 124 &
    125
    • Petitioners filed a special civil action for Injunction in 2002
    • Terminated the employment of the petitioners in 2003
    • Declared VOID and WITHOUT LEGAL EFFECT in 2006
    • The Court held that there was undue delegation as the Legislative
    already delegated the tasks to the members of the NPB
    • Petitioners are entitled to back wages for illegal termination, may
    be entitled to separation pay if reinstatement is not possible
    (Doctrine of Operative Fact applied)
    MOTION FOR APPROVAL OF
    CHARGING ATTORNEY’S LIEN
    Charging (Attorney’s) Lien: ”A charging or special lien is an attorney’s specific
    lien on the fund or judgment which he has recovered by means of his
    professional services for his client in a particular case.”
    Atty. Cornelio Aldon and Atty. Victoriano Orocio allege that they are entitled to
    charge their lien for services rendered to Zol Medina and similarly situated
    NAPOCOR personnel following their legal retainer agreement:
    1. No acceptance fee;
    2. Miscellaneous/out-of-pocket expenses (P25,000);
    3. Twenty five percent (25%) of whatever amounts/money recovered on the
    success of the case
    SECTION 37, RULE 138
    RULES OF COURT
    An attorney shall have a lien upon the funds, documents and papers of his client which
    have lawfully come into his possession and may retain the same until his lawful fees
    and disbursements have been paid, and may apply such funds to the satisfaction
    thereof.  
    He shall also have a lien to the same extent upon all judgments for the payment of
    money, and executions issued in pursuance of such judgments, which he has secured
    in a litigation of his client, from and after the time when he shall have caused a
    statement of his claim of such lien to be entered upon the records of the court
    rendering such judgment, or issuing such execution, and shall have caused written
    notice thereof to be delivered to his client and to the adverse party; and he shall have
    the same right and power over such judgments and executions as his client would
    have to enforce his lien and secure the payment of his just fees and disbursements.
    SECTION 24, RULE 138
    RULES OF COURT
    A written contract for services shall control
    the amount to be paid therefor unless found
    by the court to be unconscionable or
    unreasonable.
    PETITIONER’S ARGUMENTS

    1. Atty. Aldon’s services were already terminated in a 2007 letter


    2. Atty. Orocio was directed to refrain from acting as their lawyer
    as he or his law firm was never authorized to represent them in
    another 2007 letter
    3. Petitioners were already represented by “collaborating counsel”
    4. Atty. Aldon failed to secure a TRO
    OUTCOME
    For illegal dismissal cases, the Labor Code provides the maximum at
    10% of the recovered amount for attorney’s fees, which Atty. Aldon
    and Orocio are entitled to.

    ”The practice of law is a profession and not a commercial enterprise.”

    You might also like