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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
March-1958 Jurisprudence                 

  • G.R. No. L-10947 March 18, 1958 - JOSE MAYOR v. MACARIO MILLAN

    103 Phil 132

  • G.R. No. L-13001 March 18, 1958 - ALFREDO ABCEDE v. DOMINGO IMPERIAL

    103 Phil 136

  • G.R. No. L-10694 March 20, 1958 - MULLER & PHIPPS (MANILA) v. COLLECTOR OF INTERNAL REVENUE

    103 Phil 145

  • G.R. No. L-10911 March 21, 1958 - MANILA BLUE PRINTING CO. v. TEACHERS COLLEGE

    103 Phil 151

  • G.R. No. L-10579 March 22, 1958 - ELIZABETH CONSTANTINO v. COURT OF APPEALS

    103 Phil 153

  • G.R. No. L-10625 March 22, 1958 - RIZAL MANILA TRANSIT v. CRESENTE VICTORINO

    103 Phil 158

  • G.R. No. L-9433 March 24, 1958 - MATERIAL DISTRIBUTORS (PHIL.) v. MILES TIMBER AND TRANSPORT CORPORATION

    103 Phil 162

  • G.R. No. L-10841 March 24, 1958 - STONEHILL STEEL CORPORATION v. COMMISSIONER OF CUSTOMS

    103 Phil 170

  • G.R. No. L-10894 March 24, 1958 - PACIFIC TOBACCO CORPORATION v. COURT OF APPEALS, ET AL.

    103 Phil 176

  • G.R. No. L-10137 March 25, 1958 - ELOISA C. AGUILAR v. SERAFIN R. GAMBOA

    103 Phil 183

  • G.R. No. L-10578 March 25, 1958 - FELIPE ATAYDE v. PASTOR DE GUZMAN

    103 Phil 187

  • G.R. No. L-11721 March 26, 1958 - INOCENCIA ESPINOSA v. BERNABE DE AQUINO

    103 Phil 195

  • G.R. No. L-5707 March 27, 1958 - PEOPLE OF THE PHIL. v. DIONISIO VERSOLA

    103 Phil 201

  • G.R. No. L-10929 March 27, 1958 - RAMONA ESCOTO DE MIRANDA v. PASTOR P. REYES

    103 Phil 207

  • G.R. No. L-8831 March 28, 1958 - PHILIPPINE NATIONAL BANK v. FELICISIMO ARROZAL

    103 Phil 213

  • G.R. No. L-9069 March 28, 1958 - VICENTE UY CHAO v. MANUEL AGUILAR, ET AL.

    103 Phil 219

  • G.R. No. L-9979 March 28, 1958 - IN RE: MARIA EBREO, ET AL. v. ASUNCION EBREO DE BORROMEO

    103 Phil 223

  • G.R. No. L-11232 March 28, 1958 - INTERNATIONAL v. NICASIO YATCO

    103 Phil 226

  • G.R. Nos. L-9556 & L-12630 March 29, 1958 - REPUBLIC OF THE PHIL. v. BIENVENIDO GARCELLANO, ET AL.

    103 Phil 231

  • G.R. No. L-10651 March 29, 1958 - LUIS BUENAVENTURA v. DAMASO STO. DOMINGO, ET AL.

    103 Phil 239

  • G.R. No. L-10676 March 29, 1958 - FELICIANO ABAD vs.GOVERNMENT OF THE PHILIPPINES

    103 Phil 247

  • G.R. No. L-11086 March 29, 1958 - PILAR ATILANO v. CHUA CHING BENG

    103 Phil 255

  • G.R. No. L-11229 March 29, 1958 - MANUEL DIAZ v. CARMEN GORRICHO, ET AL.

    103 Phil 261

  • G.R. No. L-11295 March 29, 1958 - SILVERIO BLAQUERA v. JOSE S. RODRIGUEZ

    103 Phil 267

  • G.R. No. L-11324 March 29, 1958 - PEOPLE OF THE PHIL. v. YU BAO

    103 Phil 271

  • G.R. Nos. L-10364 & L-10376 March 31, 1958 - RUFINO T. SAMSON v. COURT OF APPEALS

    103 Phil 277

  • G.R. No. L-10969 March 31, 1958 - DALMACIO DE LOS ANGELES v. PEOPLE OF THE PHIL.

    103 Phil 295

  • G.R. Nos. L-11487-88 March 31, 1958 - PEOPLE OF THE PHIL. v. ALFREDO HUFANA

    103 Phil 304

  •  




     
     

    G.R. No. L-9979   March 28, 1958 - IN RE: MARIA EBREO, ET AL. v. ASUNCION EBREO DE BORROMEO<br /><br />103 Phil 223

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. L-9979. March 28, 1958.]

    In re guardianship of the minor MARINA or MARIA EBREO and GLORIFICACION EBREO. THE PHILIPPINE NATIONAL BANK, Guardian of the Property, oppositor-appellant, v. ASUNCION EBREO DE BORROMEO, guardian of the person, movant-appellee.

    Ramon B. de los Reyes for Appellant.

    Eligio Cordero for Appellee.


    SYLLABUS


    1. ATTORNEY AND CLIENT; FEE OF 20 PESOS FOR ASSISTING CLAIMANT UNDER USVA NOT APPLICABLE TO ATTORNEY’S FEES IN GUARDIANSHIP PROCEEDING. — The provisions of Republic Act No. 145 which prohibit a "person assisting a claimant in the preparation, presentation and prosecution of his claim for benefits under the laws of the United States administered by the United States Veterans Administration" from directly or indirectly, soliciting, contracting for, charging or receiving or attempting "to solicit, contract for, charge or receive any fee or compensation exceeding twenty pesos in any one claim," refer only to compensation to be paid to any person assisting a claimant in the preparation, presentation and prosecution of his claim for benefits under the laws of the United States administered by the United States Veterans Administration and not to attorney’s fees for services rendered in a guardianship proceeding.


    D E C I S I O N


    PADILLA, J.:


    In January 1952, Asunción Ebreo de Borromeo engaged the services of Attorney Eligio Cordero to file a petition in the Court of First Instance of Quezon City for the appointment of a guardian for her two minor nieces Marina or Maria and Glorificacion surnamed Ebreo and agreed to pay 20% of the value of the estate of the minors. On 2 July 1952, letters of guardianship were issued to her. On 24 August 1953, the letters were modified by the appointment of the Philippine National Bank as guardian of the estate of the minors and of Asuncion Ebreo de Borromeo as guardian of their persons. On 25 July 1955, Asuncion asked for authority to pay Attorney Eligio Cordero the sum of P800 as attorney’s fees, or 20% of P4,000, the total value of the estate of the minors secured by their widowed mother from the United States Veterans Administration. The Philippine National Bank objected to the petition on the ground that the fee is excessive. Attorney Cordero submitted a detailed description of his services together with the amount of compensation for each. On 13 September 1955, the probate court granted the petition directing the Philippine National Bank to pay Attorney Cordero the sum of P800 as attorney’s fees. A motion for reconsideration having been denied, the Philippine National Bank has appealed.

    The provisions of Republic Act No. 145 which prohibit a "person assisting a claimant in the preparation, presentation and prosecution of his claim for benefits under the laws of the United States administered by the United States Veterans Administration" from directly or indirectly, soliciting, contracting for, charging or receiving, or attempting "to solicit, contract for, charge, or receive any fee or compensation exceeding twenty pesos in any one claim," refer only to compensation to be paid to any person assisting a claimant in the preparation, presentation and prosecution of his claim for benefits under the laws of the United States administered by the United States Veterans Administration and not to attorney’s fees for services rendered in a guardianship proceeding.

    Although the appellant Bank, as guardian of the estate of the minors, was not a party to the agreement entered into by the former guardian, nevertheless it is bound to pay a reasonable amount as attorney’s fees for legal services rendered by the attorney for the benefit of the estate of the minors. The agreement entered into by Asunción Ebreo de Borromeo before her appointment as guardian and Attorney Eligio Cordero does not bind the estate of the minors without the approval of the probate court.

    Mention is made in the record on appeal of a compromise whereby Encarnación H. de Ebreo, the mother of the minors, bound herself to pay to the guardian Asunción Ebreo de Borromeo the sum of P4,000 as belonging to the estate of the minors, but it does not appear what professional service was rendered by the attorney except the drawing up of a petition to require the mother of the minors to turn over to the guardian the "properties" of said minors. The fact that a compromise agreement was entered into whereby the mother of the minors promised and bound herself to pay to the guardian of the minors P4,000 belonging to the estate of said minors is proof that, with the exception of the drafting of the petition referred to and the writing of letters in connection therewith under dates of 15, 17 and 24 March, 1953, no other service was rendered by the appellee. Taking into consideration the value of the minor’s estate which is P4,000 only and the professional service rendered in connection with the appointment of a guardian of the minors, the amount of fees to which the attorney is entitled is P300, or 7.5% of P4,000, excluding of course any amount he had advanced for which he must be reimbursed by the guardian Bank.

    The order appealed from is modified by reducing the attorney’s fees to P300, without pronouncement as to costs.

    Paras, C.J., Bengzon, Reyes, A., Bautista Angelo, Concepcion, Reyes, J. B. L., Endencia and Felix, JJ., concur.

    G.R. No. L-9979   March 28, 1958 - IN RE: MARIA EBREO, ET AL. v. ASUNCION EBREO DE BORROMEO<br /><br />103 Phil 223




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