GR L 3235; (November, 1950) (Digest)
March 10, 2026GR L 2954; (November, 1950) (Digest)
March 10, 2026G.R. No. L-1399; April 27, 1949
In the matter of the testate estate of the late Margarita David. GONZALO T. DAVID, petitioner-appellee, vs. CARLOS M. SISON, defendant-appellant.
FACTS
Gonzalo T. David, a lawyer who rendered professional services to the estate of the late Margarita David, filed a motion in the lower court to compel the executor and the judicial administrator to pay him attorney’s fees in the sum of P10,000, as fixed by a final and executory Supreme Court decision. Carlos M. Sison, the judicial administrator representing an heir, opposed, arguing that the fees should be apportioned among all heirs and legatees according to their shares and that the payment should be suspended under the moratorium laws (Executive Orders Nos. 25 and 32). The lower court ordered the payment of the full amount. Sison appealed.
ISSUE
1. Whether the lower court erred in ordering the payment of the attorney’s fees without first determining the proportionate share each heir should pay.
2. Whether the payment of the attorney’s fees is covered by the moratorium laws and should be suspended.
RULING
1. No. The obligation to pay the attorney’s fees devolves upon the estate itself. The right of the lawyer to collect cannot be delayed by the need to first apportion the liability among the heirs, especially since the Supreme Court decision fixing the fees had been final for about three years. The lower court should have ensured prompt payment to avoid disrepute to the administration of justice.
2. No. The attorney’s fees are considered administration expenses of the estate, not ordinary money debts or monetary obligations contemplated by the moratorium executive orders. Furthermore, the obligation to pay arose on March 28, 1946, when the Supreme Court rendered its decision, which is beyond the period covered by the moratorium. It would be absurd to suspend the payment of necessary estate administration expenses.
The appealed order is affirmed, with modification to include legal interest from March 28, 1946. Costs against appellant.
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