Upload
rustan-frozen
View
213
Download
0
Embed Size (px)
Citation preview
8/19/2019 Cabildo v. Navarro
1/1
G.R. No. L-31865 November 26, 1973
PEDRO CABILDO, a Prov!"#!a$ %rea&rer, I$o#o Nor'e, ADOL(O CALAPINI, a )&"!#!*a$
%rea&rer, B&r+o, I$o#o Nor'e, a" %E ILOCO NOR%E COCON/% PROD/CER AOCIA%ION,
INC., petitioners,
vs.
ON. RICARDO 0. NAARRO, &+e o '4e Co&r' o (!r' I"'a"#e, Laoa+ C!', I$o#o Nor'e., ON
(. NOR%CO%%, R., a" ROBER% PA%RIC NOR%CO%%, respondents.
FACTS:
Private respondents Northcotts were owners of a parcel of land which was sold at public auction by
Cabildo, the provincial treasurer, to the Ilocos Norte Coconut Producers Association. The Northcotts
souht rede!ption of the land and hence, trial ensued between both parties. "n Auust #, $%&',
both parties !utually areed to dis!iss the case and acceded to a Co!pro!ise Aree!ent wherein
the sub(ect land shall be donated to the Provincial )overn!ent of Ilocos Norte e*cept for $+
hectares to be eually divided into & hectares each between the Northcotts and the Association.
"n Auust '-, Atty. San ose filed a !anifestation statin that the Northcotts retained hi! on a
continent fee of /-0 of all land and properties the for!er !iht recover for the! and that an
attorney1s lien was also chared on the sub(ect land in favour of a certain Atty. Tolentino. 2oth have
not been paid in any a!ount. In his co!!ent, 3obert Northcott stated that the /-0 is only collectible
if any property is recovered or received.
ISS45: 6hether the contention of Northcott is correct.
7589:
No. Since it is not disputed that Atty. anuel ;. San ose had rendered leal services recovery
!ay in the very least be partially attributable to the Northcotts? enterin into the co!pro!ise aree!ent, it
is but fair and (ust that the said lawyer be co!pensated for his services on a quantum meruit basis and, to
assure the pay!ent thereof, that a lien be constituted in favor of Atty. San ose on the & hectares retained
by the Northcotts under the deed of donation, without pre(udice to the i!!ediate effectivity of the
co!pro!ise aree!ent.