This case has been cited 6 times or more.
|
2010-05-05 |
PERALTA, J. |
||||
| The principle of quantum meruit (as much as he deserves) may be a basis for determining the reasonable amount of attorney's fees. Quantum meruit is a device to prevent undue enrichment based on the equitable postulate that it is unjust for a person to retain benefit without paying for it. It is applicable even if there was a formal written contract for attorney's fees as long as the agreed fee was found by the court to be unconscionable. In fixing a reasonable compensation for the services rendered by a lawyer on the basis of quantum meruit, factors such as the time spent, and extent of services rendered; novelty and difficulty of the questions involved; importance of the subject matter; skill demanded; probability of losing other employment as a result of acceptance of the proferred case; customary charges for similar services; amount involved in the controversy and the benefits resulting to the client; certainty of compensation; character of employment; and professional standing of the lawyer, may be considered.[57] Indubitably entwined with a lawyer's duty to charge only reasonable fee is the power of the Court to reduce the amount of attorney's fees if the same is excessive and unconscionable in relation to Sec. 24, Rule 138 of the Rules. Attorney's fees are unconscionable if they affront one's sense of justice, decency or unreasonableness.[58] | |||||
|
2009-01-30 |
CHICO-NAZARIO, J. |
||||
| However, in cases where contingent fees are sanctioned by law, the same should be reasonable under all the circumstances of the case, and should always be subject to the supervision of a court, as to its reasonableness, such that under Canon 20 of the Code of Professional Responsibility, a lawyer is tasked to charge only fair and reasonable fees.[48] | |||||
|
2008-03-14 |
CHICO-NAZARIO, J. |
||||
| Neither can the liability for the separation pay of the complainants be extended to the petitioner based on contract. Contract Order No. 166-84 executed between the petitioner and the private respondents contains no provision for separation pay in the event that the petitioner terminates the same. It is basic that a contract is the law between the parties and the stipulations therein, provided that they are not contrary to law, morals, good customs, public order or public policy, shall be binding as between the parties.[39] Hence, if the contract does not provide for such a liability, this Court cannot just read the same into the contract without possibly violating the intention of the parties. | |||||
|
2007-02-09 |
CALLEJO, SR., J. |
||||
| In general, the cause is the why of the contract or the essential reason which moves the contracting parties to enter into the contract.[53] For the cause to be valid, it must be lawful such that it is not contrary to law, morals, good customs, public order or public policy.[54] Petitioner insists that the cause of the subject contract is illegal. However, under the terms of the contract, Atty. Banzon was obliged to negotiate with the municipal government of Balanga for the transfer of the proposed new public market to Camacho's property (Lot 261); to sell 1,200 square meters right at the market site; and to take charge of the legal phases incidental to the transaction which include the ejectment of persons unlawfully occupying the property (whether through amicable settlement or court action), and the execution of the Deed of Donation and other papers necessary to consummate the transaction. There was thus nothing wrong with the services which respondent undertook to perform under the contract. They are not contrary to law, morals, good customs, public order or public policy. | |||||
|
2007-01-31 |
PUNO, CJ. |
||||
| It is well-settled that the terms of a contract have the force of law between the parties.[34] As such, the terms thereof shall govern their relationship, rights and obligations in connection with the same. Obligations arising from contracts should be complied with in good faith. Unless the stipulations in the contract are contrary to law, morals, good customs, public order or public policy, the same are binding as between the parties.[35] In the instant case, as previously discussed, the Contract to Sell between Spouses Co Chien and private respondents Sta. Lucia and Alsons has all the essential requisites of a valid and binding contract. While there is non-compliance with the requirements in Sections 4 and 5 of P.D. 957 due to the lack of the Certificate and License at the moment of execution, such defect does not affect the intrinsic validity of the contract, particularly in this case wherein the said Certificate and License have been issued prior to the demand for the payment of the balance of the purchase price and the project is almost 100% complete and operational. | |||||