Title
Borcena vs. Intermediate Appellate Court
Case
G.R. No. 70099
Decision Date
Jan 7, 1987
The Supreme Court deemed the stipulated attorney's fees unconscionable and established a reasonable compensation for the attorney in a multi-defendant damages case.
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Case Digest (G.R. No. 70099)

Facts:

  • Petitioners: Modesta Borcena, Antonio Gimeno, Jr., Estela Gimeno, Rolando Gimeno, Edgardo Gimeno, and Anelia Gimeno.
  • Respondents include Atty. Gil P. de Guzman, their former lawyer.
  • Engagement date: July 6, 1981, for legal action against the Metropolitan Waterworks and Sewerage System (MWSS) for property damages.
  • Fee agreement: 20% of total claim as attorney's fees plus 5% for representation and miscellaneous expenses (totaling 25%).
  • Atty. de Guzman filed a complaint (Civil Case No. SM-1208) against defendants for unlawful entry and property damage.
  • Defendants were declared in default; a motion for preliminary attachment was granted, resulting in checks totaling P852,000.00 from MWSS.
  • Petitioners expressed dissatisfaction with Atty. de Guzman's handling of the checks, which he failed to deposit.
  • On March 17, 1983, petitioners terminated Atty. de Guzman's services due to grievances, including failure to return checks.
  • Atty. de Guzman contested the termination and filed a lien for his fees.
  • The lower court ruled the termination unjustified and fixed Atty. de Guzman's fees at P177,500.00 plus 20% of future awards.
  • Petitioners appealed, bringing the case to the Supreme Court.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court granted the petition, reversing the Intermediate Appellate Court's decision.
  • Atty. Gil de Guzman is entitled to P10,000.00 as reasonabl...(Unlock)

Ratio:

  • The Supreme Court found the attorney's fee stipulation in the contract to be unconscionable and unreasonable.
  • The Court emphasized that attorney compensation must be reasonable and not exploitative.
  • Petitioners had justifiable g...continue reading

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