G.R. No. L-17815 – 8 SCRA 764 – Legal Ethics – Attorney’s Fees- Quantum Meruit; When Not Applicable – Negligence of Counsel
In 1952, Atty. Ceferino De Los Santos, Sr. and his son, also a lawyer, were engaged by Sebastian Palanca to represent the latter in an estate proceedings case. Their written agreement only covered the estate case. However, some time later, Palanca also engaged the services of Attys. De Los Santos in a civil case against La Tondeña, Inc. That was not covered by any written agreement.
That case was later dismissed due to the negligence of Atty. De Los Santos and their failure to appear in court during trial. As such, Palanca refused to pay them their attorney’s fees. It is the contention of Atty. De Los Santos that they should still be paid their fees amounting to Php40,000.00 based on quantum meruit.
ISSUE: Whether or not Atty. De Los Santos and his son are entitled to attorney’s fees based on quantum meruit.
HELD: No. It was upon their negligence that the civil case was dismissed. Even assuming that their negligence is excusable, as they in fact so claim, still, the fact is, the case was dismissed due to their non-appearance and negligence. Hence, they are not entitled to any fee at all.
