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  • 18 Paflu vs. Binalbagan

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    The Court of Industrial Relations ordered the reinstatement and back wages of two employees. Their lawyer then filed a notice of attorney's lien for 30% of the back wages. The employees did not object to attorney's fees of 25% of back wages. A non-lawyer also filed a petition for 20% of back wages for services rendered. The court awarded 25% of back wages total, with 10% to the lawyer, 10% to the non-lawyer, and 5% to another person. However, the issue was whether a non-lawyer can recover attorney's fees. The court ruled that only a lawyer can establish an attorney-client relationship and recover fees, as only lawyers have the tested qualifications required

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    PALE case digest

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    18 paflu vs. binalbagan

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    The Court of Industrial Relations ordered the reinstatement and back wages of two employees. Their lawyer then filed a notice of attorney's lien for 30% of the back wages. The employees did not object to attorney's fees of 25% of back wages. A non-lawyer also filed a petition for 20% of back wages for services rendered. The court awarded 25% of back wages total, with 10% to the lawyer, 10% to the non-lawyer, and 5% to another person. However, the issue was whether a non-lawyer can recover attorney's fees. The court ruled that only a lawyer can establish an attorney-client relationship and recover fees, as only lawyers have the tested qualifications required

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    © All Rights Reserved
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    147 views1 page

    18 Paflu vs. Binalbagan

    Uploaded by

    crisanto perez
    The Court of Industrial Relations ordered the reinstatement and back wages of two employees. Their lawyer then filed a notice of attorney's lien for 30% of the back wages. The employees did not object to attorney's fees of 25% of back wages. A non-lawyer also filed a petition for 20% of back wages for services rendered. The court awarded 25% of back wages total, with 10% to the lawyer, 10% to the non-lawyer, and 5% to another person. However, the issue was whether a non-lawyer can recover attorney's fees. The court ruled that only a lawyer can establish an attorney-client relationship and recover fees, as only lawyers have the tested qualifications required

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    18. PAFLU vs. Binalbagan Isabela Sugar Co.

    42 SCRA 302

    Facts:

    The Court of Industrial Relations ordered the reinstatement with backwages for Entila and Tenazas. Cipriano
    Cid & Associates, counsel of Entila and Tenazas filed a notice of attorney's lien equivalent to 30% of the
    total backwages. Entila and Tenazas filed manifestation indicating their non-objection to an award of
    attorney's fees for 25% of their backwages Quentin Muning filed a "Petition for the Award of Services
    Rendered" equivalent to 20% of the backwages.Opposed by Cipriano Cid & Associates the ground that he is
    not a lawyer. Court of Industrial Relations awarded 25% of the backwages as compensation for professional
    services rendered in the case, apportioned as follows:
                                             a. Cipriano                10%
                                             b. Quintin Muning     10%
                                           c. Atanacio Pacis        5%

    ISSUE:

    May a non-lawyer recover attorney's fees for legal services rendered?

    Ruling:

    Lawyer-client relationship is only possible if one is a lawyer. Since respondent Muning is not one, he cannot
    establish an attorney-client relationship with Enrique Entila and Victorino Tenezas or with PAFLU, and he
    cannot, therefore, recover attorney's fees. Public policy demands that legal work in representation of parties’
    litigant should be entrusted only to those possessing tested qualifications, for the ethics of the profession and
    for the protection of courts, clients and the public.

    The reasons are that the ethics of the legal profession should not be violated: Acting as an attorney with
    authority constitutes contempt of court, which is punishable by fine or imprisonment or both, law will not
    assist a person to reap the fruits or benefit of an act or an act done in violation of law. If were to be allowed to
    non-lawyers, it would leave the public in hopeless confusion as to whom to consult in case of necessity and
    also leave the bar in a chaotic condition, aside from the fact that non-lawyers are not amenable to disciplinary
    measures.

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