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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
 

   
October-2001 Jurisprudence                 

  • G.R. No. 137841 October 1, 2001 - PEOPLE OF THE PHIL. v. ALBERTO CHUA

  • G.R. No. 117512 October 2, 2001 - REBECCA ALA-MARTIN v. HON. JUSTO M. SULTAN

  • G.R. No. 120098 October 2, 2001 - RUBY L. TSAI v. HON. COURT OF APPEALS EVER TEXTILE MILLS

  • G.R. No. 124037 October 2, 2001 - PEOPLE OF THE PHILIPPINES v. REYNALDO DE GUZMAN

  • G.R. No. 126592 October 2, 2001 - ROMEO G. DAVID v. JUDGE TIRSO D.C. VELASCO, ET AL.

  • G.R. No. 129900 October 2, 2001 - JANE CARAS y SOLITARIO v. HON. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES

  • G.R. No. 133000 October 2, 2001 - PATRICIA NATCHER petitioner v. HON. COURT OF APPEALS AND THE HEIRS OF GRACIANO DEL ROSARIO-LETICIA DEL ROSARIO

  • G.R. No. 133895 October 2, 2001 - ZENAIDA M. SANTOS v. CALIXTO SANTOS, ET AL.

  • G.R. Nos. 135522-23 October 2, 2001 - PEOPLE OF THE PHIL. v. AMORSOLO G. TORRES

  • G.R. No. 137777 October 2, 2001 - THE PRESIDENTIAL AD-HOC FACT FINDING COMMITTEE, ET AL. v. THE HON. OMBUDSMAN ANIANO DESIERTO, ET AL.

  • G.R. No. 138322 October 2, 2001 - GRACE J. GARCIA v. REDERICK A. RECIO

  • G.R. No. 138929 October 2, 2001 - PEOPLE OF THE PHIL. v. FLORENTINO DEL MUNDO

  • G.R. No. 139050 October 2, 2001 - REPUBLIC OF THE PHILIPPINES v. THE COURT OF TAX APPEALS and AGFHA

  • G.R. No. 142877 October 2, 2001 - JINKIE CHRISTIE A. DE JESUS and JACQUELINE A. DE JESUS v. THE ESTATE OF DECEDENT JUAN GAMBOA DIZON

  • G.R. No. 125081 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. REMEDIOS PASCUA

  • G.R. No. 128195 October 3, 2001 - ELIZABETH LEE and PACITA YULEE v. REPUBLIC OF THE PHILIPPINES

  • G.R. Nos. 128514 & 143856-61 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. NILO LEONES

  • G.R. Nos. 142602-05 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. BONIFACIO ARIOLA

  • A.M. No. 01-6-192-MCTC October 5, 2001 - Request To Designate Another Judge To Try And Decide Criminal Case No. 3713

  • A.M. No. RTJ-01-1610 October 5, 2001 - ATTY. EDGAR H. TALINGDAN v. JUDGE HENEDINO P. EDUARTE

  • G.R. No. 124498 October 5, 2001 - EDDIE B. SABANDAL v. HON. FELIPE S. TONGCO Presiding Judge

  • G.R. No. 127441 October 5, 2001 - DOROTEO TOBES @ DOTING v. COURT OF APPEALS

  • G.R. No. 130499 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. PAMFILO QUIMSON @ "NOEL QUIMSON

  • G.R. No. 130962 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE REAPOR y SAN JUAN

  • G.R. No. 131040 October 5, 2001 - PEOPLE OF THE PHIL. v. MICHAEL FRAMIO SABAGALA

  • G.R. No. 132044 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. ANTONIO @ Tony EVANGELISTA Y BINAY

  • G.R. No. 132718 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE CASTILLON III and JOHN DOE

  • G.R. Nos. 135452-53 October 5, 2001 - PEOPLE OF THE PHIL. v. IRENEO M. ALCOREZA

  • G.R. No. 139760 October 5, 2001 - FELIZARDO S. OBANDO v. HON. COURT OF APPEALS

  • G.R. No. 144189 October 5, 2001 - R & M GENERAL MERCHANDISE v. COURT OF APPEALS, ET AL.

  • G.R. No. 121948 October 8, 2001 - PERPETUAL HELP CREDIT COOPERATIVE v. BENEDICTO FABURADA

  • G.R. No. 123075 October 8, 2001 - PEOPLE OF THE PHIL. v. PEDRO L. NUELAN

  • G.R. No. 129926 October 8, 2001 - PEOPLE OF THE PHIL. v. NOLE M. ZATE

  • G.R. No. 137599 October 8, 2001 - PEOPLE OF THE PHILIPPINES v. GILBERT BAULITE and LIBERATO BAULITE

  • G.R. No. 138941 October 8, 2001 - AMERICAN HOME ASSURANCE COMPANY v. TANTUCO ENTERPRISES

  • G.R. No. 141297 October 8, 2001 - DOMINGO R. MANALO v. COURT OF APPEALS (Special Twelfth Division) and PAIC SAVINGS AND MORTGAGE BANK

  • A.M. No. 01-9-246-MCTC October 9, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. JUDGE ALIPIO M. ARAGON

  • G.R. No. 138886 October 9, 2001 - PEOPLE OF THE PHILIPPINES v. SP01 WILFREDO LEAÑO SP01 FERDINAND MARZAN SPO1 RUBEN B. AGUSTIN SP02 RODEL T. MADERAL * SP02 ALEXANDER S. MICU and SP04 EMILIO M. RAMIREZ

  • G.R. No. 141182 October 9, 2001 - HEIRS OF PEDRO CUETO Represented by ASUNCION CUETO v. HON. COURT OF APPEALS (SPECIAL FORMER FIRST DIVISION) and CONSOLACION COMPUESTO

  • A.M. No. 99-12-03-SC October 10, 2001 - RE: INITIAL REPORTS ON THE GRENADE INCIDENT THAT OCCURRED AT ABOUT 6:40 A.M. ON DECEMBER 6, 1999

  • G.R. No. 129313 October 10, 2001 - SPOUSES MA. CRISTINA D. TIRONA and OSCAR TIRONA v. HON. FLORO P. ALEJO as Presiding Judge

  • G.R. Nos. 135679 & 137375 October 10, 2001 - PEOPLE OF THE PHILIPPINES v. GODOFREDO RUIZ

  • G.R. No. 136258 October 10, 2001 - PEOPLE OF THE PHIL. v. CARLOS FELICIANO

  • A.M. No. 2001-9-SC October 11, 2001 - DOROTEO IGOY v. GILBERT SORIANO

  • A.M. No. RTJ-99-1485 October 11, 2001 - TEOFILO C. SANTOS v. JUDGE FELICIANO V. BUENAVENTURA

  • G.R. No. 80796 & 132885 October 11, 2001 - PROVINCE OF CAMARINES NORTE v. PROVINCE OF QUEZON

  • G.R. No. 118387 October 11, 2001 - MARCELO LEE v. COURT OF APPEALS and HON. LORENZO B. VENERACION and HON. JAIME T. HAMOY

  • G.R. Nos. 123913-14 October 11,2001

    PEOPLE OF THE PHIL. v. PABLO CALLOS

  • G.R. No. 130415 October 11, 2001 - PEOPLE OF THE PHILIPPINES v. ALVIN YRAT y BUGAHOD and RAUL JIMENA, ET AL.

  • G.R. No. 130562 October 11, 2001 - Brigida Conculada v. Hon. Court Of Appeals

  • G.R. No. 112526 October 12, 2001 - STA. ROSA REALTY DEVELOPMENT CORPORATION v. COURT OF APPEALS

  • G.R. No. 122710 October 12, 2001 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS and REMINGTON INDUSTRIAL SALES CORPORATION

  • G.R. Nos. 134769-71 October 12, 2001 - PEOPLE OF THE PHIL. v. ROBERTO BATION

  • G.R. No. 137843 October 12, 2001 - PEOPLE OF THE PHIL. v. EDUARDO S. AÑONUEVO

  • G.R. No. 139904 October 12, 2001 - PEOPLE OF THE PHIL. v. CONRADO MERCADO

  • G.R. No. 136470 October 16, 2001 - VENANCIO R. NAVA v. COMMISSION ON AUDIT

  • G.R. No. 140794 October 16, 2001 - PEOPLE OF THE PHIL. v. RICARDO T. AGLIDAY

  • A.M. No. P-00-7-323-RTJ October 17, 2001 - RE: RELEASE BY JUDGE MANUEL T. MURO, RTC, BRANCH 54 MANILA, OF AN ACCUSED IN A NON-BAILABLE OFFENSE

  • A.M. No. P-00-1419 October 17, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. MAGDALENA G. MAGNO

  • A.M. No. RTJ-97-1390 & AM RTJ-98-1411 October 17, 2001 - ATTY. CESAR B. MERIS v. JUDGE CARLOS C. OFILADA

  • G.R. No. 123137 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. PO2 ALBERT ABRIOL

  • G.R. No. 124513 October 17, 2001 - ROBERTO ERQUIAGA v. HON. COURT OF APPEALS

  • G.R. No. 127540 October 17, 2001 - EUGENIO DOMINGO v. HON. COURT OF APPEALS

  • G.R. No. 127830 October 17, 2001 - MANOLET LAVIDES v. ERNESTO B. PRE

  • G.R. No. 129069 October 17, 2001 - PEOPLE OF THE PHIL. v. JULIO R. RECTO

  • G.R. No. 129236 October 17, 2001 - PEOPLE OF THE PHIL. v. RAYMUNDO G. DIZON

  • G.R. No. 129389 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. TEODORICO UBALDO

  • G.R. Nos. 132673-75 October 17, 200

    PEOPLE OF THE PHIL. v. DOMINADOR C. GOMEZ

  • G.R. No. 136291 October 17, 2001 - LETICIA M. MAGSINO v. REPUBLIC OF THE PHILIPPINES

  • G.R. No. 136869 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. DENNIS MAZO

  • G.R. No. 141673 October 17, 2001 - MANUEL L. QUEZON UNIVERSITY/AUGUSTO B. SUNICO v. NLRC (Third Division), ET AL.

  • G.R. No. 142726 October 17, 2001 - PEOPLE OF THE PHIL. v. APOLONIO ACOSTA

  • G.R. No. 143190 October 17, 2001 - ANTONIO P. BELICENA v. SECRETARY OF FINANCE

  • G.R. No. 143990 October 17, 2001 - MARIA L. ANIDO v. FILOMENO NEGADO and THE HONORABLE COURT OF APPEALS

  • G.R. Nos. 121039-45 October 18, 2001 - THE PEOPLE OF THE PHILIPPINES v. MAYOR ANTONIO L. SANCHEZ

  • G.R. No. 132869 October 18, 2001 - GREGORIO DE VERA v. COURT OF APPEALS

  • G.R. No. 143486 October 18, 2001 - PEOPLE OF THE PHILIPPINES v. MARIO DUMAGAY TUADA

  • G.R. No. 144735 October 18, 2001 - YU BUN GUAN v. ELVIRA ONG

  • G.R. No. 116285 October 19, 2001 - ANTONIO TAN v. COURT OF APPEALS and the .C.C.P

  • G.R. Nos. 121201-02 October 19, 2001 - THE PEOPLE OF THE PHILIPPINES plaintiff-appellee v. GIO CONCORCIO @ JUN

  • G.R. No. 129995 October 19, 2001 - THE PROVINCE OF BATAAN v. HON. PEDRO VILLAFUERTE

  • G.R. No. 130730 October 19, 2001 - HERNANDO GENER v. GREGORIO DE LEON and ZENAIDA FAUSTINO

  • G.R. No. 133002 October 19, 2001 - PEOPLE OF THE PHILIPPINES v. INTOY GALLO @ PALALAM

  • G.R. No. 137904 October 19, 2001 - PURIFICACION M. VDA. DE URBANO v. GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS)

  • A.M. No. 99-12-497-RTC October 23, 2001 - REQUEST OF JUDGE FRANCISCO L. CALINGIN

  • G.R. No. 121267 October 23, 2001 - SMITH KLINE & FRENCH LABORATORIES v. COURT OF APPEALS, ET AL.

  • G.R. No. 124036 October 23, 2001 - FIDELINO GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 124295 October 23, 2001 - JUDGE RENATO A. FUENTES v. OFFICE OF THE OMBUDSMAN-MINDANAO

  • G.R. No. 125193 October 23, 2001 - MANUEL BARTOCILLO v. COURT OF APPEALS and the PEOPLE OF THE PHILIPPINES

  • G.R. No. 130846 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ROGELIO PAMILAR y REVOLIO

  • G.R. No. 131841 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. RUBEN VILLARMOSA

  • G.R. No. 132373 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. TIRSO ARCAY @ "TISOY" and TEODORO CLEMEN @ "BOY

  • G.R. No. 134740 October 23, 2001 - IRENE V. CRUZ v. COMMISSION ON AUDIT

  • G.R. No. 135481 October 23, 2001 - LIGAYA S. SANTOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 136105 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ANTONIO PAREDES y SAUQUILLO

  • G.R. No. 136337 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. NELSON CABUNTOG

  • G.R. No. 139114 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ROMAN LACAP Y CAILLES

  • G.R. No. 139274 October 23, 2001 - QUEZON PROVINCE v. HON. ABELIO M. MARTE

  • G.R. No. 139329 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ERLINDO MAKILANG

  • G.R. Nos. 140934-35 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. CONDE RAPISORA y ESTRADA

  • A.M. No. RTJ-01-1634 October 25, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. SILVERIO Q. CASTILLO

  • G.R. No. 102367 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. ABUNDIO ALBARIDO and BENEDICTO IGDOY

  • G.R. No. 126359 October 25, 2001 - PEOPLE OF THE PHIL v. CARLITO OLIVA

  • G.R. No. 127465 October 25, 2001 - SPOUSES NICETAS DELOS SANTOS v. COURT OF APPEALS

  • G.R. No. 133102 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. DINDO AMOGIS y CRINCIA

  • G.R. Nos. 134449-50 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. PEDRO HERNANDEZ y PALMA

  • G.R. No. 135813 October 25, 2001 - FERNANDO SANTOS v. Spouses ARSENIO and NIEVES REYES

  • G.R. No. 135822 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. PIO DACARA y NACIONAL

  • G.R. Nos. 137494-95 October 25, 2001 - THE PEOPLE OF THE PHILIPPINES v. SOTERO REYES alias "TURING"

  • G.R. Nos. 142741-43 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. ROMEO MANAYAN

  • A.M. No. P-01-1474 October 26, 2001 - ANTONIO C. REYES v. JOSEFINA F. DELIM

  • G.R. No. 120548 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. JOSELITO ESCARDA

  • G.R. Nos. 121492 & 124325 October 26, 2001 - BAN HUA UY FLORES v. JOHNNY K.H. UY

  • G.R. No. 132169 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. SANICO NUEVO @ "SANY

  • G.R. No. 133741-42 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. LINO VILLARUEL

  • G.R. No. 134802 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. RENATO Z. DIZON

  • G.R. No. 135920 October 26, 2001 - ENCARNACION ET AL. v. SEVERINA REALTY CORPORATION

  • G.R. No. 140719 October 26, 2001 - NICOLAS UY DE BARON v. COURT OF APPEALS

  • G.R. No. 140912 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. RODRIGO DIAZ Y SEVILLETA

  • G.R. No. 141540 October 26, 2001 - EDUARDO TAN v. FLORITA MUECO and ROLANDO MUECO

  • G.R. No. 143231 October 26, 2001 - ALBERTO LIM v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 144237 October 26, 2001 - WINSTON C. RACOMA v. MA. ANTONIA B. F. BOMA

  • G.R. Nos. 146319 & 146342 October 26, 2001 - BENJAMIN E. CAWALING v. THE COMMISSION ON ELECTIONS

  • G.R. No. 146593 October 26, 2001 - UNITED COCONUT PLANTERS BANK v. ROBERTO V. ONGPIN

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    G.R. No. 143990   October 17, 2001 - MARIA L. ANIDO v. FILOMENO NEGADO and THE HONORABLE COURT OF APPEALS

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 143990. October 17, 2001.]

    MARIA L. ANIDO, JOSE E. LARRAGA and SALUD E. LARRAGA, Petitioners, v. FILOMENO NEGADO and THE HONORABLE COURT OF APPEALS, Respondents.

    D E C I S I O N


    KAPUNAN, J.:


    This is a petition for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure assailing the Decision dated February 15, 2000 of the Court of Appeals, Fourth Division, in CA-G.R. CV No. 39137 1 and its Resolution dated June 16, 2000 denying the motion for reconsideration filed by petitioners Maria L. Anido, Jose E. Larraga and Salud E. Larraga (petitioners).chanrob1es virtua1 1aw 1ibrary

    This case arose from a complaint for collection of attorney’s fees filed by private respondent Filomeno R. Negado (private respondent) in the Regional Trial Court (RTC) of Palo, Leyte against petitioners on November 23, 1987.

    Private respondent alleged that in July 1978, pursuant to an oral contract for legal services between petitioners and himself, he prepared several legal documents for the settlement of the intestate estate of petitioners’ parents, Federico V. Larraga and Florentina Entereso. On October 8, 1978, private respondent gave to petitioners the documents entitled "Extrajudicial Settlement of Estate Among Heirs" and "Project of Partition." He also prepared a document entitled "Contract for Attorney’s Service and Fee" which stipulated, among others, that, as compensation for legal services rendered by him, petitioners were to pay him four percent (4%) of the proceeds, net of taxes, of the sale of the properties inherited by them. 2 Private respondent claimed that petitioners received the documents he prepared but they refused to sign the contract for legal services. He also averred that petitioners later used the said documents in the settlement of their parents’ estate, but he was not paid a single centavo therefor. Private respondent prayed for the payment of attorney’s fees equivalent to fifteen percent (15%) of the gross sales of all real estate properties subject of the extrajudicial settlement, plus twenty percent (20%) interest on the P50,000.00 attorney’s fees including litigation expenses and costs. 3

    In their Answer, petitioners contended that they never retained the services of private respondent since they had earlier retained the services of other lawyers for the settlement of their parents’ estate, and that private respondent volunteered to draft the legal documents free of charge since he was a close friend of their deceased parents. Petitioners likewise asserted that private respondent had no cause of action against them, there being no contract for legal services to speak of, and that his claim was barred by laches because the complaint was filed more than ten years after he prepared the said Extrajudicial Settlement of Estate and Project of Partition. They also claimed that private respondent’s cause of action had already prescribed since the same was based on an alleged oral contract, which, under Article 1145 of the Civil Code, should have been filed within six years from the time the cause of action accrued. 4

    During the pre-trial of the case, the issues were narrowed down to the following: (1) whether petitioners engaged the services of private respondent for the settlement of their parents’ estate; (2) whether the RTC had acquired jurisdiction over the case despite private respondent’s failure to pay the correct amount of docket fees; and (3) whether private respondent’s claim of 15% of the gross sales of all real estate properties subject of extrajudicial settlement was reasonable. 5

    After trial on the merits, the RTC promulgated its Decision on August 21, 1990. The dispositive portion thereof states:chanrob1es virtual 1aw library

    WHEREFORE, judgment is hereby rendered in favor of the plaintiff 6 and against the defendants: 7

    (1) Declaring that the defendants engaged the professional services of the plaintiff in the settlement of the intestate estate of the deceased parents of the defendants;

    (2) Declaring that plaintiff had already performed his obligation of the verbal contract of professional services before he was illegally dismissed as counsel by the defendants;

    (3) Ordering defendants to solidarily pay plaintiff as professional fee the sum of NINE HUNDRED FIFTY-THREE THOUSAND TWO HUNDRED FIFTY (P953,250.00) PESOS representing fifteen (15%) percent of the total sales of P6,355,000.00 of the properties subject of the Extrajudicial Settlement;

    (4) Ordering defendants to solidarily pay interest of twenty percent (20%) of P953,250.00 from the filing of the complaint until fully paid;

    (5) Ordering defendants to solidarily pay plaintiff attorney’s fees of this litigation plus litigation expenses in the sum of THIRTY THOUSAND (P30,000.00) PESOS; and

    (6) Costs of this suit. 8

    Petitioners appealed the decision of the RTC to the Court of Appeals. On February 15, 2000, the appellate court rendered its Decision affirming the trial court’s ruling that an oral contract for rendition of legal services was entered into by petitioners and private Respondent. However, the appellate court modified the RTC’s decision by reducing the amount of attorney’s fees from fifteen percent (15%) to ten percent (10%) of the total sales of the properties subject of the extrajudicial settlement amounting to P6,355,000.00; and eliminating the award of interest and litigation expenses for insufficiency of evidence. 9 The Court of Appeals also ruled that private respondent’s action had already prescribed when he filed the complaint on November 23, 1987 since his cause of action already accrued as early as October 1978 when petitioners refused to sign the contract for legal services, thereby effectively foreclosing private respondent’s chances of recovering what he regarded as his contingent claims for attorney’s fees. 10 However, the appellate court held that since the issue of prescription was not included among the issues during the pre-trial, it could not be resolved on appeal. 11

    Both parties filed their respective motions for reconsideration of the decision of the Court of Appeals but these were denied for lack of merit. 12

    Petitioners filed the present petition, raising the following arguments:chanrob1es virtual 1aw library

    (A)

    THE HONORABLE COURT OF APPEALS ERRED IN NOT DISMISSING THE COMPLAINT ON THE GROUND OF PRESCRIPTION.

    (B)

    THE HONORABLE COURT OF APPEALS VIOLATED THE RULE ON RES INTER ALIOS ACTA WHEN IT GAVE CREDENCE TO A HEARSAY PIECE OF EVIDENCE. 13

    Anent the issue of prescription, petitioners point out that the appellate court erred in finding that said issue could no longer be resolved on appeal since they had raised prescription as a special and affirmative defense in their Answer, and invoked it again during the pre-trial. The trial court however postponed the resolution of said issue until after the conclusion of the pre-trial. 14 Petitioners further claim that assuming arguendo that they failed to raise the issue of prescription in their pleadings, such failure does not amount to a waiver of the right to invoke the same, considering that private respondent’s allegations in his complaint clearly showed that his cause of action had already prescribed. 15

    The Court agrees with petitioners that the appellate court could have resolved the issue of prescription when the case was brought to it on appeal. The records clearly show that petitioners pleaded the defense of prescription at the trial court level. 16 Moreover, this Court has held in several cases that failure to plead the defense of prescription will not amount to a waiver thereof where the plaintiffs own allegation in the complaint or the evidence it presented shows that the action had already prescribed. 17

    In the case at bar, private respondent’s allegation in the complaint that petitioners refused to sign the contract for legal services in October 1978, and his filing of the complaint only on November 23, 1987 or more than nine years after his cause of action arising from the breach of the oral contract between him and petitioners point to the conclusion that the six-year prescriptive period within which to file an action based on such oral contract under Article 1145 of the Civil Code 18 had already lapsed.

    As a lawyer, private respondent should have known that he only had six years from the time petitioners refused to sign the contract for legal services and to acknowledge that they had engaged his services for the settlement of their parents’ estate within which to file his complaint for collection of legal fees for the services which he rendered in their favor.

    Furthermore, Rule 9, Section 1 of the 1997 Rules of Civil Procedure states that when it appears from the pleadings or the evidence on record that an action is barred by prescription, the court is mandated to dismiss the same:chanrob1es virtual 1aw library

    Defenses and objections not pleaded. — Defenses and objections not pleaded either in a motion to dismiss or in the answer are deemed waived. However, when it appears from the record that the court has no jurisdiction over the subject matter, that there is another action pending between the same parties for the same cause, or that the action is barred by a prior judgment or by statute of limitations, the court shall dismiss the same. (Emphasis supplied.)

    Clearly, private respondent’s claim for payment of fees for legal services rendered is barred by prescription. Hence, the appellate court erred in affirming the award of professional fees in favor of private Respondent.

    WHEREFORE, the petition is hereby GIVEN DUE COURSE and GRANTED. The assailed Decision of the Court of Appeals is hereby REVERSED and SET ASIDE.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Davide Jr., CJ., Puno, Pardo, and Ynares-Santiago, JJ., concur.

    Endnotes:



    1. Filomeno R. Negado, Plaintiff-Appellee v. Maria L. Anido, Jose E. Larraga and Salud E. Larraga, Defendants-Appellants.

    2. Decision of the Court of Appeals in CA-G.R. CV No. 39137, Rollo, p. 74.

    3. Decision of the Regional Trial Court of Palo, Leyte, Branch 6, in Civil Case No. 7505 (Filomeno R. Negado, Plaintiff v. Maria L. Anido, Jose E. Larraga and Salud E. Larraga, Defendants), Id., at 154-155; Decision of the Court of Appeals, Id., at 74.

    4. Answer, Id., at 118-121.

    5. Decision of the Regional Trial Court, Id., at 161.

    6. Private respondent Filomeno R. Negado.

    7. Petitioners Maria L. Anido, Jose E. Larraga and Salud E. Larraga.

    8. Id., at 169-170.

    9. Decision of the Court of Appeals in CA-G.R. CV No. 39137, Id., at 88-89.

    10. Id., at 78.

    11. Id.

    12. Resolution of the Court of Appeals in CA-G.R. CV No. 39137, June 16, 2000, Id., at 109.

    13. Petition. Id., at 57, 62.

    14. Id., at 60.

    15. Id., at 61-62.

    16. As a special and affirmative defense in their Answer, petitioners alleged:chanrob1es virtual 1aw library

    x       x       x


    2. Plaintiff s claim is barred by estoppel and laches. From the time he offered to assist defendants in the settlement of the estate of their deceased parents up to the filing of the present Complaint, almost ten (10) years have elapsed, with plaintiff remaining silent all the time. He cannot now be heard of his baseless claim at this late stage of time.

    3. Plaintiff’s action is barred by prescription, it being supposedly based on an oral contract of professional services. Under Article 1145 of the Civil Code, an action based on an oral contract prescribes in six (6) years.

    . . . (Rollo, p. 121)

    17. Philippine National Bank v. Pacific Commission House, 27 SCRA 766 (1969); Philippine National Bank v. Perez, 16 SCRA 270 (1966), Chua Lamko v. Diokno, 97 Phil. 821.

    18. Article 1145 of the Civil Code states:chanrob1es virtual 1aw library

    The following actions must be commenced within six years:chanrob1es virtual 1aw library

    (1) Upon an oral contract;

    (2) Upon a quasi contract.

    G.R. No. 143990   October 17, 2001 - MARIA L. ANIDO v. FILOMENO NEGADO and THE HONORABLE COURT OF APPEALS


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