IV.

Dilemma 5: Last Will and Testament and Succesional Rights

On April 2005, four years after the plane crash, probate
proceedings for Manuels will were initiated. In the will, Manuel left
P100, 000 to Cora, and the rest of all his properties to Wendy and Ben
equally (see Appendix H, Will of Manuel Soriano). Louis, entrusted with
the will, knew that if the will was to be followed, it would be unfair to
Wendy, since Ben was really Manuels illegitimate child. Louis advices
Wendy to contest the will. He adds, however that if she contests the will,
she has to tell the whole world that Ben is not her biological child.
Wendy does not want to give Ben up to his biological mother, since she
(Wendy) has learned to love him. However, she is adamant about not
giving Cora the P500, 000.
For Class Discussion Faculty Guide
a. Should Wendy contest the will?
I. See Appendix H, Will of Manuel Soriano
II. Consider the following:
i. Civil Code, Article 892, 894, 897
b. Louie reminds Wendy that in all their years of friendship, she and
Manuel have gone to him for their legal problems but not once
did he charge them a fee. Due to the time involved in litigating
this case (as to not giving Cora the P500, 000), he accepts the
case but demands from Wendy payment of P150, 000, his
standard fee. Wendy refuses. Can Louis withdraw from the case?
I. Consider the following:
a. Code of Professional Responsibility,
Canons 22, 22.01, 20.04, 14.04

b. Santiago vs. Fojas, 248 SCRA 68

It is axiomatic ha no lawyer is obliged o act
c. If instead, Louie agrees to take the case upon Wendys promise to
give him the entire P500,000 meant for Cora, should he win the
case but only P25,000 should he lose, would this be correctly
characterized as a contingent fee?
I. Consider the following:
i. Taganas vs. NLRC, GR 118746, 9/7/95
A contingent fee arrangement is an
agreement laid down in an express contract
between a lawyer and a client in which the
lawyer's professional fee, usually a fixed
percentage of what may be recovered in the
action is made to depend upon the success of
the litigation. This arrangement is valid in this
jurisdiction.
d. Distinguish between a champertous contract and a contingent fee.
I. The case of Bautista vs Gonzales (182 SCRA 151)
describes a champertous agreement as one
whereby an attorney agrees to pay expenses of
proceedings to enforce the clients rights. In
champertous contracts, the lawyer is the one
paying for all the costs and fees of the case,
without reimbursement from the client.
II. On the other hand, a contingent fee is defined in
the case of Taganas vs NLRC as an agreement

laid down in an express contract between a lawyer

and a client in which the lawyer's professional fee,
usually a fixed percentage of what may be
recovered in the action is made to depend upon
the success of the litigation. Thus, in contingent
fees, the lawyer gets paid the agreed amount if the
case is successful, otherwise, he does not get paid,
or gets paid a lower agreed amount. This does
not mean though that the lawyer necessarily pays
the costs and fees of the suit. The clients may still
be paying for the costs of the suit, but the lawyer
gets paid his agreed fee if they win. e. What are the criteria in considering the
reasonableness of
Attorneys fees?
I. Consider the following:
i. Code of Professional Responsibility,
Canon 20.01
ii. Rules of Court, Rule 138, Section 24
iii. Del Rosario vs. CA, 237 SCRA 39
In determining the reasonableness of
such [attorneys] fees, this Court in a number
of cases has provided various criteria which,
for convenient guidance, we might collate
thusly:
a) the quantity and character of the
services rendered;
b) the labor, time and trouble involved; c) the nature and importance of the

litigation;
d) the amount of money or the value of
the property affected by the controversy;
e) the novelty and difficulty of questions
involved;
f) the responsibility imposed on counsel;
g) the skill and experience called for in the
performance of the service;
h) the professional character and social
standing of the lawyer;
i) the customary charges of the bar for
similar services;
j) the character of employment, whether
casual or for establishment client;
k) whether the fee is absolute or
contingent (it being the rule that an
attorney may properly charge a higher fee
when it is contingent than when it is
absolute); and
l) the results secured.
f. Presume that Louis does not take the case and Wendy seeks the
services of a media-savvy female lawyer, Atty. Evie Escaler. She
believes that there is little chance that the case will prosper
considering that Wendy wanted the bequest to Cora to be
voided on moral grounds but did not want any proof to be
presented that could identify Cora as Bens biological mother.

Nevertheless, she keeps these thoughts to herself and accepts the

case considering that it presented a real challenge and was a good test case in
addition to having the makings of a high profile case
of show-biz proportions. Discuss the legal and moral issues
involved.
I. Consider the following:
i. Code of Professional Responsibility,
Canons 15, 15.05, 15.07, 17