GR L 14677; (March, 1960) (Digest)
G.R. No. L-14677. April 29, 1960.
MARGARITA LEYSON LAURENTE, administratrix-appellee, vs. ELISEO CAUNCA, movant-appellant.
FACTS
Honofre Leyson died intestate in 1946, survived by his niece, Margarita Leyson Laurente. Intestate proceedings were initiated. Appellant Atty. Eliseo Caunca was initially retained by Margarita under a written contract for legal services to secure her declaration as sole heiress, with fees contingent on success and later amended to a fixed amount of P3,000. During the estate proceedings, Caunca also rendered services for the estate, including acting as counsel for co-administrator Victorio L. Rodriguez. He received P800 as attorney’s fees from the estate with court authority and an additional P1,700 from Rodriguez without court sanction. Caunca later filed an amended motion seeking P5,000 in attorney’s fees for services rendered to both Margarita and the estate. Margarita, as administratrix and sole heiress, opposed, arguing Caunca was entitled only to the P800 authorized and should return the P1,700 received without court approval. The trial court awarded Caunca attorney’s fees of P1,700, representing the amount he had already received from the former administrator without authority.
ISSUE
Whether the trial court acted correctly in awarding appellant attorney’s fees of only P1,700, which he had already received from the former administrator without court authority.
RULING
Yes, the trial court’s award is affirmed. The contract for legal services was between Caunca and Margarita personally, for the purpose of establishing her as sole heiress. Therefore, fees for services rendered to Margarita should be charged against her, not the estate. Regarding services to the estate, the record shows Caunca received P800 with court authority and an additional P1,700 without authority. Considering the gross estate assets amounted to only P15,793.65, the award of P1,700 as attorney’s fees for estate-related services, in addition to the P800 already received, is reasonable. The order appealed from is affirmed.