ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
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)
 

 
Chan Robles Virtual Law Library
 









 

 
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

  •  





     
     

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

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 144237. October 26, 2001.]

    ATTY. WINSTON C. RACOMA, Petitioner, v. CAMARINES NORTE WATER DISTRICT REPRESENTED BY ITS GENERAL MANAGER MA. ANTONIA B. F. BOMA, Respondent.

    D E C I S I O N


    BELLOSILLO, J.:


    A kindred fellow seeks our intervention to collect what he claims is justly due him.

    Respondent Camarines Norte Water District (CNWD) engaged the legal services of Atty. Winston C. Racoma to prevent the takeover of its operation, facilities and properties by its creditor the Local Water Utilities Administration (LWUA). This problem was precipitated by allegations of default and unfair unilateral increase in interest rate on the part of CNWD in the payment of its loans from LWUA. As LWUA eventually took over the CNWD and installed an Interim Board of Directors and General Manager on 4 October 1991, Atty. Racoma filed a complaint for specific performance and damages with prayer for preliminary injunction against LWUA, docketed as Civil Case No. 6030. 1 The following day petitioner obtained for CNWD a temporary restraining order preventing LWUA from further managing and operating his client’s services. 2

    On 17 October 1991 the Board of Directors of CNWD passed three (3) resolutions revising the original contract of legal services of petitioner Racoma. 3 In this regard, CNWD paid him P20,000.00 on 17 October 1991 and P15,000.00 on 23 October 1991.chanrob1es virtua1 1aw 1ibrary

    After the expiration of the temporary restraining order, LWUA (purportedly in behalf of CNWD) moved to discharge Atty. Racoma as CNWD’s counsel. This was followed by LWUA’s motion to dismiss Civil Case No. 6030. Thereafter, the trial court issued an order requiring petitioner to file a compliance manifestation to both motions and denied the application for preliminary injunction. 4 As instructed, petitioner filed the compliance manifestation. 5 On 17 January 1992 the trial court issued a Resolution-Order granting the motion for the discharge of petitioner as counsel for CNWD and ordered the payment of his legal fees "in accordance with the ‘quantum meruit’ rule in relation [to] his up-to-date professional services rendered under the contract of legal services dated September 1, 1991, particularly paragraph IV, as his last pleading submitted." 6

    Petitioner appealed the Resolution-Order to the Court of Appeals which however dismissed the appeal on 8 January 1993 due to his failure to file the corresponding brief. 7 On 3 February 1993 the dismissal became final and executory, and entry of judgment was made on 19 April 1993. 8 On 30 March 1998 petitioner moved for execution of the Resolution-Order, 9 which the trial court granted on 4 June 1998. 10 However, on 9 June 1998 the trial court amended its order instructing payment to petitioner of P250,000.00 as his legal fees. 11 On 19 June 1998 CNWD moved for reconsideration of the amended order. 12 But the trial court denied the motion, explaining that the amount of P250,000.00 was the result of the reference of the Resolution-Order to the "contract of legal services dated September 1, 1991, particularly paragraph IV, as his last pleading submitted," which was inclusive of the P100,000.00 filing charge for the memorandum that petitioner had filed. 13 On 6 July 1998 however the trial court held in abeyance the issuance of a writ of execution due to the pendency of a petition for certiorari with application for injunction and/or restraining order before the Court of Appeals. 14

    On 8 September 1998 CNWD filed a petition with the Court of Appeals to review the Order of Execution and the alleged Writ of Execution issued by the trial court in Civil Case No. 6030. On 5 April 2000 the appellate court nullified these processes on the ground that the dispositive portion of the Resolution-Order that was to be executed did not indicate the exact amount of legal fees payable to petitioner. 15 On 21 June 2000 petitioner’s motion for reconsideration was denied. Hence this petition seeking to overturn these resolutions.chanrob1es virtua1 1aw 1ibrary

    Petitioner argues that the Resolution-Order is not fatally vague. He says that this order in fact resolved in his favor his entitlement to legal fees and the amount thereof on the basis of the provisions of the contract for legal services of 1 September 1991, particularly paragraph IV of the last pleading filed. In arriving at the precise amount of legal fees due him, petitioner invokes the power of the court to amend and control its processes as well as the general supervisory control of the tribunal which rendered the decision over the process of execution. He avers in addition that no writ of execution was ever issued by the trial court in Civil Case No. 6030.

    We rule for petitioner. As a matter of record, the trial court did not issue any writ of execution that the Court of Appeals thought the court a quo had. This is clear from the Order of the trial court of 6 July 1998 holding in abeyance the execution of the Resolution-Order. It is also a matter of record that the dispositive portion of the Resolution-Order unequivocally set the parameters for the determination of the precise amount of petitioner’s legal fees. For purposes of a strait-jacketed enforcement of a writ of execution, this specification of parameters is enough.chanrob1es virtua1 1aw 1ibrary

    As early as Locsin v. Paredes 16 we ruled that the trial judge may clarify omissions and set forth specificities that can be ascertained from the allegation of the complaint, the prayer thereof, the evidence and the conclusions of fact and law. 17 With more reason should this rule apply in the instant case considering that the dispositive portion of the Resolution-Order itself carries the standard by which to determine petitioner’s legal fees, and the failure to specify the amount so collectible is a mere omission that the court may correct even at finality of judgment by supplemental or amended order. 18

    Seavan Carrier, Inc. v. GTI Sportswear Corp. 19 is instructive. This case similarly involves a judgment that failed to state the actual amount to be satisfied. We then ruled: "Hence, the trial court, pursuant to its supervisory control over the execution of the judgment, should have ordered a hearing on the motion to determine the actual amount to be recovered by the private respondent, for the full satisfaction of the judgment." 20 So must we rule now. Verily, there is no reason to abandon this ruling and in the process unjustly deprive petitioner of the fruits of his efforts as it were and the wherewithal to maintain an honorable profession. To stress all that the trial court has to do in the present case is to compute the amount owing him following the guidelines set in the Resolution-Order itself.chanrob1es virtua1 1aw 1ibrary

    But we have to correct the elementary computation of legal fees done by the trial court. In the 19 June 1998 Order, the court a quo assessed P250,000.00 in petitioner’s favor. Said the trial court: ". . . the Resolution-Order have (sic) even noted the last pleading submitted which is paragraph IV of the contract which is for P100,000.00 for filing and submission of memorandum and it would follow that the previous actual services rendered were for a successful application for a preliminary injunction order for P80,000.00, paragraph III, filing of the case in court for P40,000.00, paragraph II, and signing of the agreement for P30,000.00, paragraph I, or a total of P250,000.00 is what the Resolution-Order want to be the payment in quantum meruit." 21

    While in truth the last pleading filed by petitioner in connection with Civil Case No. 6030 was the compliance manifestation as narrated above, 22 we will nonetheless assume that the trial court consulted all relevant circumstances and acted in compliance with law 23 when it ruled that the memorandum was indeed the last pleading filed by him. It must be stressed that under Sec. 24, Rule 138, of the Rules of Court the trial court has wide discretion to ordain the payment of reasonable legal fees of a lawyer.

    But the award of P80,000.00 in connection with his application for preliminary injunction must be reduced by fifty percent (50%) or P40,000.00 it appearing that hearings were conducted on the application although no preliminary injunction was issued in the end. 24 Moreover, he had been previously paid P20,000.00 and P15,000.00. The total legal fees pegged at P250,000.00 must accordingly be whittled down. Recomputing what is due him: P30,000.00 upon signing of the contract, plus P40,000.00 upon filing of the case in court, plus P100,000.00 upon filing of the memoranda plus P40,000.00 for the application for preliminary injunction less P35,000.00 previously paid, results in a collectible amount of P175,000.00 only. The kind spirit in petitioner should see this amount as reasonable compensation for his legal services in behalf of CNWD.chanrob1es virtua1 1aw 1ibrary

    WHEREFORE, the petition is GRANTED although the professional legal fee of petitioner Atty. Winston C. Racoma is reduced to One Hundred Seventy-Five Thousand Pesos (P175,000.00). The 9 June 1998 Amended Order of Execution of the 17 January 1992 Resolution-Order is accordingly MODIFIED.

    SO ORDERED.

    Mendoza, Quisumbing, Buena and De Leon Jr., JJ., concur.

    Endnotes:



    1. Rollo, pp. 53-57.

    2. RTC Rec., p. 25.

    3. Rollo, pp. 59-61.

    4. RTC Rec., p. 61.

    5. RTC Rec., pp. 79-85.

    6. Penned by Judge Wenifredo A. Armenta, RTC-Br. 41, Daet, Camarines Norte, Rec., pp. 118-123; Rollo, pp. 62-67.

    7. RTC Rec., p. 132.

    8. RTC Rec., p. 131.

    9. RTC Rec., pp. 136-137.

    10. Rollo, p. 80.

    11. RTC Rec., pp. 170-171.

    12. Rollo, pp. 83-86.

    13. Penned by Judge Honesto V. Morales, Pairing Judge of Judge Wenifredo A. Armenta, RTC-Br. 41, Daet, Camarines Norte.

    14. RTC Rec., p. 185.

    15. Rollo, pp. 39-41.

    16. No. 45030, 28 March 1936, 63 Phil. 87.

    17. See Reinsurance Company of the Orient, Inc. v. CA, G.R. No. 61250, 3 June 1991, 198 SCRA 19; see also Gulang v. CA, G.R. No. 116155, 17 December 1998, 300 SCRA 246; Baguio v. Bandal, G.R. No. 126442, 29 December 1998, 300 SCRA 697.

    18. See Maralit v. Imperial, G.R. No. 130756, 21 January 1999, 301 SCRA 605.

    19. No. L-65953, 16 July 1985, 137 SCRA 580.

    20. Id., p. 587.

    21. See Notes 12 and 13.

    22. RTC Rec., pp. 79-85.

    23. Castelo v. CA, G.R. No. 96372, 22 May 1995, 244 SCRA 180.

    24. 23 October 1991 Order by J. Wenifredo A. Armenta; RTC Rec., p. 61.

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


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED