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Quirante vs. IAC [G.R. No. 73886 January 31, 1989]

06 Aug

Ponente:  REGALADO, J.

FACTS:

In the case of Dr. Casasola’s claim against its erring building contractor, the trial court ruled in favor of the former who eventually died.Here, petitioner Atty. Quirante filed a motion in the trial court for the confirmation of his attorney’s fees. According to him, there was an oral agreement between him and the late Dr. Casasola with regard to his attorney’s fees, as confirmed in writing by the latter’s surviving spouse and two daughters to be computed as follows:

  1. In case of recovery of the P120,000.00 surety bond, the attorney’s fees of the undersigned counsel (Atty. Quirante) shall be P30,000.00;
  2. In case the Honorable Court awards damages in excess of the P120,000.00 bond, it shall be divided equally between the Heirs of Dr. Casasola, Atty. John C. Quirante and Atty. Dante Cruz.

The trial court granted the motion for confirmationdespite an opposition thereto.In the petition for review on certiorari, the respondent court (IAC) ruled that the confirmation of attorney’s fees is premature.

ISSUE:

Whether or not Atty. Quirante is entitled of the attorney’s fees.

HELD:

NO. Ruling of respondent court affirmed.

RATIO:

Since the main case from which the petitioner’s claims for their fees may arise has not yet become final, the determination of the propriety of said fees and the amount thereof should be held in abeyance.

The orderly administration of justice dictates that such issue be likewise determined by the court a quo inasmuch as it also necessarily involves the same contingencies in determining the propriety and assessing the extent of recovery of attorney’s fees. The alleged confirmation to attorney’s fees should not adversely affect the non-signatories in the petition, since it is also premised on the eventual grant of damages to the Casasola family.

 
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Posted by on August 6, 2012 in Case Digests, Legal Ethics

 

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