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[RITA CATALAN v. ROSARIO CONDE](https://www.lawyerly.ph/juris/view/cb91?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
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[ GR No. 6695, Sep 08, 1911 ]

RITA CATALAN v. ROSARIO CONDE +

DECISION

20 Phil. 198

[ G. R. No. 6695, September 08, 1911 ]

RITA CATALAN, PLAINTIFF AND APPELLEE, VS. ROSARIO CONDE, ADMINISTRATRIX OF ISABELO ARTACHO, DECEASED, DEFENDANT AND APPELLANT.

D E C I S I O N

MORELAND, J.:

This is an action brought by the plaintiff against the defendant  as  administratrix of the goods, chattels,  and credits of Isabelo Artacho, deceased, to recover the sum of P1,380 with interest.

It appears in this case  that some time in the year 1903 or 1904  the plaintiff began an action  against  Petronila Acosta and her husband Domingo Camote for the recovery of the sum of Pl,020 and  interest; that she  retained as her counsel Isabelo Artacho, defendant's intestate; that the plaintiff recovered a judgment jn that action for the sum of P2,400, which was duly collected by her counsel; that thereafter counsel turned over  to the  plaintiff  the sum  of Pl,020 only,  retaining in his possession the sum of P1,380; that soon  thereafter said counsel died very suddenly  without there having been a settlement between himself and his client; that during the progress of the  administration of the estate of said deceased the plaintiff presented  her claim for P1,380 to the commissioners appointed  by the  probate court to hear  claims presented against said estate; that after a hearing such claim was rejected and the plaintiff brought  her corresponding  action in the Court of First Instance of the city of Manila;  that upon the: trial of that action the court found in  her favor, giving her a  judgment of Pl,210, with interest thereon.  From that judgment this appeal was taken.

The appellant relies for a reversal of the  judgment upon a written  agreement alleged to have been made between the plaintiff herein and the defendants intestate on the 16th My of March,  1903, which said agreement was introduced in evidence on  the  part of the defendant and  reads  as follows: 

"I, Rita Catalan, a native and resident of the pueblo of Mangatarem, Province of Pangasinan, P. I., declare that I have truly entered into the following agreement  with the attorney Isabelo Artacho: 

"For acting as attorney in my action against Petronila de Castro  and  her husband Domingo  Camote for the recovery of Pl,020 which in  cash I heretofore delivered to them as a loan, I promise the said attorney that in case he does recover the said debt of P1,020, and also my expenses, I will give him all the interest or products of said  debt that may be secured in said action, in payment for the services  rendered me  by him.  Wherefore, I  sign  these presents  in Lingayen this 16th day of March, 1903. 

(Signed)   "RITA her x  mark CATALINA."

This instrument had the following indorsements on the back : 

"Money advanced for purchase of maguey seeds: 

"To Honorato Samson $30 Bolinao - vice president 

"To Sotero Cerdan $30 Anda - president. 

"To Tranquilino Celis $30 Bolinao - president."

If this agreement  had actually been made between the plaintiff and Artacho, there would have been no doubt as to the right of said Artacho to retain the P1,380.  The plaintiff in this case, however, asserts that the agreement in question is a  forgery; that she never in any way entered into its execution and that she  never signed the same.   She  also asserts that the agreement  which  she made with the deceased as to his fees in the action in which she retained him is found in Exhibit B of the  plaintiff,  which reads as follows: 

"Artacho, 

"Lawyer. 

"May 10,1902. 

"Lingayen, Pangasinan, P. I. 

"Received from Dona Rita Catalan of Mangatarem the sum of P100 Mex. as part payment on the sum of P450 Mex. stipulated as attorney's fees for the defence of her rights in a certain litigation initiated in this court for the collection of a debt against Petronila Castro of the same locality. 

(Signed)   "ISABELO ARTACHO

"One hundred pesos Mex."

In relation to the true  agreement between the plaintiff and her attorney,  the trial court said:

"On the trial of the case Exhibit 1, which is found in case No. 7106 of the court of this city,  was presented and admitted as evidence on behalf of the defendant.  Two witnesses testified that the agreement was written on a typewriter by Senor Artacho, who wrote the name of Rita Catalan, placing after said name a  cross indicating her mark. "And said document shows the agreement which is  alleged to have been made between Rita Catalan and Isabelo  Artacho by virtue of which the former obligates herself to the latter in case of the recovery of the sum of P1,020 to pay to him all of the interest due  on said sum,  which amounts to  Pl,380.

"But the  plaintiff, who is a woman 80 years of age, not only denies  having executed the document and made  the agreement which appears  therein, but also showed  in  two of the four  receipts  presented, namely, Exhibits B, C, D, and E, signed by Artacho himself, the genuineness of whose signature and of said receipts being admitted by the opposite party,  that  the real agreement  between Catalan  and  Artacho was that the latter should  receive for his services in the action against Petronila Acosta and Domingo Camote the sum of  P450,  on account of which agreement and as shown by receipts  Exhibits B and E the said Artacho  had received from the said Sra. Catalan the sum of P100 on the 10th of May,  1902, and the sum of P160  on the 25th of August, 1903.

*       *      *       *      *       *      * 

"Another  fact also, attacks the validity of said document, Exhibit 1 in case No. 7106, and that is that it is clear and plain that the name Rita  Catalan which  appears at the bottom of said instrument written by Artacho, according to the witnesses of the defendant, is composed of letters and characters unquestionably different from  those which Artacho  used in the two  receipts Exhibits B and C.  In view of  this great difference the conclusion is inevitable that the  instrument in question is not genuine."

A careful  examination of the record in  this case leads us  to the conclusion that  the findings of the  court above quoted are fully sustained  by the  evidence except as to the amount of the credits.  It is clear to our mind that the real agreement made between the plaintiff  and Artacho is that disclosed by Exhibit B heretofore quoted in full.

It nowhere appears in the proofs from what date interest on the sum in question ought to begin.

We are  satisfied that the judgment of the  court below ought to be  modified to the extent that the defendant be credited  with the sum of P330 upon the Pl,380 instead of P170 as given by the court below,  some of the sums allowed as credits by the trial court having been paid as expenses rather than as fees.

The judgment of the court below is affirmed, except that the sum  recovered shall be P1,050 instead  of  Pl,210.   So ordered.

Torres, Mapa, Johnson, and Carson, JJ., concur.


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