This case has been cited 3 times or more.
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2011-08-24 |
BERSAMIN, J. |
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| In the event of a dispute as to the amount of fees between the attorney and his client, and the intervention of the courts is sought, the determination requires that there be evidence to prove the amount of fees and the extent and value of the services rendered, taking into account the facts determinative thereof.[75] Ordinarily, therefore, the determination of the attorney's fees on quantum meruit is remanded to the lower court for the purpose. However, it will be just and equitable to now assess and fix the attorney's fees of both attorneys in order that the resolution of "a comparatively simple controversy," as Justice Regalado put it in Traders Royal Bank Employees Union-Independent v. NLRC,[76] would not be needlessly prolonged, by taking into due consideration the accepted guidelines and so much of the pertinent data as are extant in the records. | |||||
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2010-09-01 |
ABAD, J. |
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| One. It is settled that a claim for attorney's fees may be asserted either in the very action in which a lawyer rendered his services or in a separate action.[14] But enforcing it in the main case bodes well as it forestalls multiplicity of suits. The intestate court in this case, therefore, correctly allowed Atty. Siapian to interject his claim for attorney's fees in the estate proceedings against some of the heirs and, after hearing, adjudicate the same on April 3, 1997 with an order for Arturo, et al to pay Atty. Siapian the fees of P3 million due him.[15] | |||||
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2008-04-22 |
REYES, R.T., J. |
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| With respect to attorney's fees, they may be awarded when defendant's act or omission has compelled plaintiff to litigate with third persons or to incur expenses to protect his interest.[71] The Court, in Construction Development Corporation of the Philippines v. Estrella,[72] citing Traders Royal Bank Employees Union-Independent v. National Labor Relations Commission,[73] elucidated thus:There are two commonly accepted concepts of attorney's fees, the so-called ordinary and extraordinary. In its ordinary concept, an attorney's fee is the reasonable compensation paid to a lawyer by his client for the legal services he has rendered to the latter. The basis of this compensation is the fact of his employment by and his agreement with the client. | |||||