Professional Documents
Culture Documents
Lawyers Compensation
Introduction
There are two concepts of attorneys fees. The ordinary concept refers
to reasonable compensation paid to the lawyer by his client for the
legal services he has rendered to the latter. The other concept is the
amount of damages which the court may award to be paid by the
losing party to the prevailing party (Compania Maritime Inc. v CA. 318
SCRA 169).
Being a primarily an officer of the court charged with the duty of
assisting the court render impartial justice, what the lawyer may collect
as his fee is always subject to judicial control (Perez v Scotish Union &
National Ins. Co., 76 Phil. 320 (196)
Generally, the right of a lawyer to s reasonable compensation for his
services requires the existence of an Attorney-client relationship and
the rendition by the lawyer of his services to the client (Arce v Phil
National Bank, 62 Phil 570 (1935)
Reparations Commission
Visayan Packing
Repacom
adopted
Resolution
No. 262
awarding to
The trial
court ordered Vispac
the defendant
to payVispac
to FICI
fees
byattorney's
way
equivalent
to only 10%
of the
Vispac
bound itself to pay to
of a contract
amount
due despiteFICI
the attorney's
fact
fees equivalent
of conditional
to 20%
purchase
anditself
that Vispac
bound
to payof the total amount
to FICI sale
attorney'sdue
feesbut in no case less than
per
their
equivalent to 20% ofP200.00
the total as
Indemnity
Agreement
amount
due
but
in
no
case
less
THE FIELDMENS INSURANCE CO., INC
Issue
WON the trial court erred in
ordering Vispac to pay to FICI
attorney's fees equivalent to only
10% of the amount due despite the
fact that Vispac bound itself to pay
to FICI attorney's fees equivalent
to 20% of the total amount due but
Ruling
in no case less than P200.00 as
per their Indemnity Agreement YES! It has been held that a stipulation
regarding the payment of attorney's fees is
neither illegal nor immoral and is
enforceable as the law between the parties
(Santiago v. Dimayuga, 3 SCRA 919
[1961]), as long as such stipulation does
not contravene law, good morals, good
customs, public order or public policy
(Polytrade Corp. v. Blanco, 30 SCRA 187
[1969]; Social Security Commission v.
Almeda, 168 SCRA 474 [1988]).
Contingent
fee
should
be
Contingent fee = P15,000.00
30% of
market
value
Under
thethe
erroneous
belief
thatof
the amount
of themeruit
estate ison
only
Quantum
the estate
based
P167,000.00
Quantum
meruit
Ruling
r
e
t
Yes. There, is no doubt, he belongs in the front line of the legal
t profession.
a
s
e
In trial work, there are few who match his
m ic
t
v
mental acumen and resourcefulness.
c
r
e
j
e
s
b
Issue
u hein the light of our several
l
Taking into account all the variables ofsproceeding
e
WON
Atty.Francisco
t
e
smodify
f isfees,
h
pronouncements on matter of contingent
lawyer's
we feel that
n
t
o
entitledoto
an
u
f
t
the appealed resolution andoawarding
12.5%
of
the
market
value
to the
n
c
d
increase
in
the
e
e xt
f
e
herein appellee wouldc
accomplish
r
o
e
n
lawyers fee
e
g
d
a
t
n
d en di
r anjustice
substantial
o
r an
p
t
Im ture
s
l
a
a
n
N
o
i
Atty. Francisco renderedsmuch greater services
s he handled tedious trial work which lasted for
this estate. For onefthing
e
about four yearsro
P and for another, the
fee was contingent.
Gavino
g
a
i
t
n
a
S
ADMINISTRATOR
Commercial partnership
"AldamizJyosRementeria
e
Atty. Luna
No
ti
nb
ad
fai
th
Fix P2
ed 8, 0
00
P5,0
00 state
e
t
the
he
to
t
t
o
to
N
t
bu
N
,
IO
oa y Gavino
T
c
U
as miz
C
e
E
g da
o
X
c
l
E
o
Atty.
Luna
z
A
i
g
OF ntia dam hip "
R Sa Al
s
r
E
e
f
D o
y rtn
R
a
i
O tate ter pa
l
es men rciaWON
the fixing of the
"
e
e
a
i
R mm ter
co men amount of attorney's fees
by the court was proper
Re
Ruling
The
The correct
correct procedure
procedure for
for the
the collection
collection of
of
Sesbreno vs. CA
G.R. No. 161390
whatever
Back wages
ATTYCSesbreno
A M I N E R O
C A M I N E R O S
e
s
i
m
o
r
p
m
o
t
n
e
m
e
e
r
ag
45%
T
N
U
O
M
A
L
L
U
F
E
H
T
D
I
PA
The court did not release the remaining 55%, thus holding in
abeyance the payment of the lawyers fees
pending the determination of the final amount of such fees.
PROVINCE OF CEBU
Pro
go vinci
v
a
tre erno l
a
r
an sure ,
de
r
ng , aud
ine
i
er tor,
C A
M I N E
R O S
Damages (Thr
u Breach of Co
ntract) and Atto
rneys Fees
National
rate and n
ot
Provincia
l rates
no
e
r
b
s
Se
.
ATTY ISesbreno
y
t
t
to Was Atty S
sA
o
t
d
es
e
entitl es for prejudiced b breno
y t he
g
w
a
t
r
o
c
n
m
g
a
da
ntr computation
o
c
f
in
o
th
enceamin
h
c
c
i
v
a
e r os
mrooney
bre
P
e
h
t t th t al. claims by us
s
n
i
a
ing
ee provinci
ag
u
b
e
a
of C the nationa l and not
l wage r
at e
Important Doctrines