7/24/2019 2. Atty. Ricardo Bermudo vs. Fermina Tayag-Roxas, G.R. No. 172879, February 2, 2011

1/2

G.R. No. 172879 February 2, 2011

ATTY. RICARDO B. BERMUDO,Petitioner,vs.FERMINA TAYAGRO!A",Respondent.

ABAD, J.:

These cases pertain to the right of an administrator, who happened to be a lawyer, to collect attorneys

fees from the sole heir for successfully representing the latter in the suit contesting her right to inherit.

The Facts and the Case

n ctober !", !"#" $tty. Ricardo %ermudo &$tty. %ermudo', as e(ecutor, )led a petition for hisappointment as administrator of the estate of $rtemio *ilario &*ilario' and for the allowance and probate ofthe latters will before the Regional Trial Court &RTC' of $ngeles City. The testator instituted Fermina Tayag+Ro(as &Ro(as' as his only heir but several persons, who claimed to be *ilarios relatives, opposed thepetition. n ctober -, !"-# the RTC rendered a decision, allowing the will and recogniing Ro(as as*ilarios sole heir. n appeal, the Court of $ppeals &C$' a/rmed the RTC decision. This Court sustained theC$ decision on 0ecember #, !"".

1hen the decision constituting Ro(as as the sole heir became )nal, $tty. %ermudo who also served ascounsel for her in the actions concerning her inheritance )led a motion to )( his legal fees and toconstitute a charging lien against the estate for the legal services he rendered. n $ugust !2, !""3 theRTC granted him fees e4uivalent to 56 of the estate and constituted the same as lien on the estatesproperty. Ro(as appealed the order to the C$ in C$+7.R. C8 39!9.

n ;uly #, 555 the C$ rendered a decision that modi)ed the RTC rder, limiting $tty. %ermudoscompensation as administrator to what

7/24/2019 2. Atty. Ricardo Bermudo vs. Fermina Tayag-Roxas, G.R. No. 172879, February 2, 2011

2/2

enumerates the orders or Budgments in special proceedings from which parties may appeal. ne of these isan order or Budgment which settles the account of an e(ecutor or administrator.!The rationale behind thismulti+appeal mode is to enable the rest of the case to proceed in the event that a separate and distinctissue is resolved by the court and held to be )nal.

%ut the earlier award in $tty. %ermudos favor did not settle his account as administrator. Rather, it )(edhis attorneys fees for the legal services he rendered in the suit contesting Ro(as right as sole heirConse4uently,