Case Summary (G.R. No. 45310)
Factual Background
In October 1934, Simplicio Birondo, the father of Josefina and Sofia, engaged the services of Attorney Rotea to annul a sale of land executed by Francisca Delupio, the children's grandmother, to Fabian Franco on June 6, 1931. The land in question, identified as lot No. 1023 of the Hacienda Piedad in Baesa, Caloocan, Rizal, was inherited by the minors from their mother. As part of their agreement, Rotea was to receive one third of the land as compensation for his professional services, with expenses related to obtaining the certificate of title to be borne by him.
Actions Taken by Attorney Rotea
Attorney Rotea successfully petitioned the Bureau of Lands, resulting in the nullification of Delupio's sale and the subsequent issuance of Certificate of Title No. 27823 in the minors' names. He also represented the minors in two civil cases pertaining to this matter. On April 25, 1936, the Court of First Instance ordered the notation of Rotea's right of retention over one third of the land, but this order was later contested by Delupio.
Legal Proceedings
On May 9, 1936, Delupio filed for reconsideration of the court's order, arguing that Simplicio Birondo lacked the authority to contract regarding the minors' properties. The court initially sided with Delupio, setting aside the earlier order. However, on July 7, 1936, the court reinstated the notation of Rotea's right of retention, leading to Delupio's appeal.
Legal Issue Presented
The primary legal question addressed by the court was whether Attorney Rotea was entitled to compensation for the services rendered on behalf of the minor daughters in light of the agreement with their father, who was not their legal guardian regarding property matters.
Decision on Attorney Rotea's Rights
The court ruled that even though Simplicio Birondo, as the father, lacked authority to contract for the minors’ properties, Rotea’s actions in defending their interests constituted the role of a "ne
...continue readingCase Syllabus (G.R. No. 45310)
Case Background
- On October 15, 1934, Simplicio Birondo engaged attorney Marcos J. Rotea to annul a sale executed by his mother-in-law, Francisca Delupio, to Fabian Franco concerning a parcel of land (lot No. 1023 of Hacienda Piedad, Baesa, Caloocan, Rizal).
- The minors, Josefina and Sofia Birondo, inherited the right to this land from their deceased mother, Beatriz Bartolome, and subsequently acquired ownership from the government.
- As part of their agreement, Simplicio Birondo promised to convey one-third of the land to Rotea for his services, while Rotea agreed to cover all incidental expenses, including those related to the issuance of a Torrens certificate of title.
Actions Taken by Attorney Marcos J. Rotea
- Rotea successfully petitioned the Bureau of Lands to annul the sale made by Delupio and obtained a certificate of title (No. 27823) in the names of the minor daughters.
- He prepared and filed complaints in two civil cases (No. 6177 and No. 6191) in the Court of First Instance of Rizal to represent Simplicio Birondo and the minors.
- On April 25, 1936, the court acknowledged Rotea's right of retention over one-third of the land, which was subsequently noted by the register of deeds.