Civil Law Case Digest
154 Amonoy vs. Gutierrez
G.R. No. 140420, February 15, 2001
FACTS
This case had its roots in Special Proceedings No. 3103 of Branch I of the CFI of Pasig, Rizal, for the settlement of the estate of the deceased Julio Cantolos, involving six (6) parcels of land situated in Tanay Rizal. Amonoy was the counsel of therein Francisca Catolos, Agnes Catolos, Asuncion Pasamba and Alfonso Formida. On 12 January 1965, the Project of Partition submitted was approved and xxx two (2) of the said lots were adjudicated to Asuncion Pasamba and Alfonso Formilda. The Attorney's fees charged by Amonoy was P27,600 and on 20 Jan 1965 Asuncion Pasamba and Alfonso Formida executed a deed of real estate mortgage on the said two (2) lots adjudicated to them, in favor of Amonoy to secure the payment of his attorney's fees. But it was only on 6 Aug 1969 after the taxes had been paid, the claims settled and the properties adjudicated, that the estate was declared closed and terminated.
Asuncion Pasamba died on 24 Feb 1969 while Alfonso Fornilda passed away on 2 Jul 1969. Among the heirs of the latter was his daughter, plaintiff-appellant Angela Gutierrez. Because his Attorney's fees thus secured by the two lots were not paid, on 21 Jan 1970 Amonoy filed for their foreclosure in Civil Code 4 No. 12726 entitled Sergio Amonoy vs. Heirs of Asuncion Pasamba and Heirs of Alfonso Fornilda before the CFI of Pasig, Rizal, and this was assigned to Branch VIII. The heirs opposed, contending that the attorney's fees charged were unconscionable and that the attorney's fees charged were unconscionable and that the agreed sum was only P11,695.92. But on 28 Sep 1972 judgment was rendered in favor of Amonoy requiring the heirs to pay within 90 days the P27,600 secured by the mortgage, P11,880 as value of the harvests, and P9,640 as another round of attorney's fees. Failing in that, the two (2) lots would be sold at public auction.
They failed to pay. On 6 Feb 1973, the said lots were foreclosed and on 23 Mar
G.R. No. 140420, February 15, 2001
FACTS
This case had its roots in Special Proceedings No. 3103 of Branch I of the CFI of Pasig, Rizal, for the settlement of the estate of the deceased Julio Cantolos, involving six (6) parcels of land situated in Tanay Rizal. Amonoy was the counsel of therein Francisca Catolos, Agnes Catolos, Asuncion Pasamba and Alfonso Formida. On 12 January 1965, the Project of Partition submitted was approved and xxx two (2) of the said lots were adjudicated to Asuncion Pasamba and Alfonso Formilda. The Attorney's fees charged by Amonoy was P27,600 and on 20 Jan 1965 Asuncion Pasamba and Alfonso Formida executed a deed of real estate mortgage on the said two (2) lots adjudicated to them, in favor of Amonoy to secure the payment of his attorney's fees. But it was only on 6 Aug 1969 after the taxes had been paid, the claims settled and the properties adjudicated, that the estate was declared closed and terminated.
Asuncion Pasamba died on 24 Feb 1969 while Alfonso Fornilda passed away on 2 Jul 1969. Among the heirs of the latter was his daughter, plaintiff-appellant Angela Gutierrez. Because his Attorney's fees thus secured by the two lots were not paid, on 21 Jan 1970 Amonoy filed for their foreclosure in Civil Code 4 No. 12726 entitled Sergio Amonoy vs. Heirs of Asuncion Pasamba and Heirs of Alfonso Fornilda before the CFI of Pasig, Rizal, and this was assigned to Branch VIII. The heirs opposed, contending that the attorney's fees charged were unconscionable and that the attorney's fees charged were unconscionable and that the agreed sum was only P11,695.92. But on 28 Sep 1972 judgment was rendered in favor of Amonoy requiring the heirs to pay within 90 days the P27,600 secured by the mortgage, P11,880 as value of the harvests, and P9,640 as another round of attorney's fees. Failing in that, the two (2) lots would be sold at public auction.
They failed to pay. On 6 Feb 1973, the said lots were foreclosed and on 23 Mar