54.) G.R. No. 104600, July July 2, 1999 Rilloraza, Africa, De Ocampo a! Africa "#. $a#%er &elecommuica%io#, '(il#., c. DO*&RN DO*&RN$+ $+ Whether there is an agreement or not, the courts shall fx a reasonable compensation which lawyers may receive or their proessional services.” “A lawyer has the right to be paid or the legal services he has extended to his client, which compensation must be reasonable.” A lawyer would would be entitl entitled ed to recei receive ve what what he merits merits or his servic services. es. Other Otherwi wise se stated, the amount must be determined determined on a quantum meruit basis. basis. A*&-+ astern !elecommunications, "hils., #nc. $!"#% represented by the law frm &A'A, fled with the (egional !rial court a complaint or the recovery or revenue shares against ")*!. Atty. (illora+a, a partner o the frm, appeared or !"#. Ater !"# rested its case, it paid &A'A the billed amount. !he latter was dis dissol solved ved and the unior unior partne partners rs ormed ormed (A*A, A*A, which which tootoo- over over as counsel counsel in the case or !"#. !"# signed a retainer retainer agreement agreement with counsel where wherein in it was stated stated that that in cases cases o collec collectio tion n or udici udicial al action action,, “our attorneys ees shall be /01 o the amounts collected or the value o the property ac2uired or liability saved.” !he retainer agreement agreement was terminated in /344. the next day, (A*A fled a notice o attorneys lien. #n its notice, (A*A inormed the court that there were negotiations toward a compromise between !"# and ")*!. #n /335, the parties arrived at an amicable settlement and the same was entered as a udgment. !he petitioner $(A*A% fled a motion or the enorcement enorcement o attorneys lien. --$+ claiming6
#s (A*A A*A enti entitl tled ed to the the awar awards ds o atto attorrney neys s ees ees they they are are
/$D+ (A*A (A*A is entitled entitled to attorneys attorneys ees but the &upreme 7ourt remanded the the case case to the the cour courtt o orig origin in or the dete deterrminat minatio ion n o the the amou amount nt o attorneys ees to which the petitioner is entitled. Atty. Atty. (illora+a handled the case rom its inception until !"# terminated terminated the law frms services in /344. "etitioners claim or attorneys ees hinges on two grounds8 frst, the act that Atty. Atty. (illora+a personally handled the case when he was wor-ing or &A'A, and second, the retainer agreement. agreement. Whether there is an agreement or not, the courts shall fx a reasonable compensation which lawyers may receive or their proessional services.” “A lawyer has the right to be paid or the legal services he has extended to his client, which compensation must be reasonable.” A lawyer would be entitled to receive what he merits or his services. Otherwise stated, the amount must be determined on a quantum meruit basis. basis.
"Quantum meruit, meaning 'as much as he deserved' is used as a basis for determining the lawyer's professional fees in the absence of a contract but recoverable by him from his client. 19 Recovery of attorney's fees on the basis ofquantum meruit is authorized when (! there is no epress contract for payment of attorney's fees agreed upon between the lawyer and the client# ($! when although there is a formal contract for attorney's fees, the fees stipulated are found unconscionable or unreasonable by the court# and (%! when the contract for attorney's fee's is void due to purely formal defects of eecution# (&! when the counsel, for ustiable cause, was not able to nish the case to its conclusion# ()! when lawyer and client disregard the contract for attorney's fees, #n fxing a reasonable compensation or the services rendered by a lawyer on the basis o quantum meruit , the elements to be considered are generally $/% the importance o the subect matter in controversy, $9% the extent o services rendered, and $:% the proessional standing o the lawyer. A determination o these actors would indispensably re2uire nothing less than a ull;blown trial where private respondents can adduce evidence to establish the right to lawul attorney
