Rustia V CFI

G.R. No.
L-19695 November 17, 1922
JUAN S. RUSTIA, Petitioner, vs. THE JUDGE OF FIRST

INSTANCE OF BATANGAS, Thirteenth Judicial District,
Honorable FRANCISCO DOMINGUEZ, ROSA H. DE PORCUNA
and her husband JUSTO M. PORCUNA and EULALIA
MAGSOMBOL, Respondents.
The petitioner in his own behalf.

The respondents Porcunas in their own behalf.
Jose Mayo Librea for the other respondents.
OSTRAND, J.:
This is a petition for a writ of certiorari, the petitioner alleging that

the respondent Judge of the Court of First Instance exceeded his
jurisdiction in dismissing a pending action at the instance of the
parties but without the intervention of the attorney for the plaintiff
in the case, the herein petitioner. chanroblesvirtualawlibrary chanrobles virtual law library
It appears from the record that on July 31, 1921, the respondent
Justo Porcuna, for himself and on behalf of his wife, the respondent
Rosa H. de Porcuna, by means of a written contract, retained the
petitioner to represent them as their lawyer in case No. 1435 then
pending in the Court of First Instance of Batangas and in which Rosa
H. de Porcuna was the plaintiff and one Eulalia Magsombol was the
defendant. The contract fixed the petitioner's fee at P200 in advance
with an additional contigent fee of P1,300. It was also provided in
the contract that Justo Porcuna should not compromise the claim
against the defendant in the case without express consent of his
lawyer, the herein petitioner. chanroblesvirtualawlibrary chanrobles virtual law library
After trial, the petitioner then being plaintiffs' attorney of record,

the Court of First Instance, under date of December 24, 1921,
rendered judgment in favor of Justo Porcuna and Rosa H. de
Porcuna ordering the defendant Eulalia Magsombol to return to
them 602 pieces of cloth or in default thereof to pay to them the
sum of P3,250. On January 14, 1922, Eulalia Magsombol filed her
exception to the judgment and on the following day presented a
motion for a new trial, which was denied on the 21st of the same
month. She thereupon gave notice of appeal and presented a bill of
exceptions which was approved on February 20, 1922. On March 2,
1922, and before the transmission of the bill of exceptions to this
court, the plaintiffs presented the following motion in the Court of
First Instance.
The plaintiffs, without any further intervention of their attorney,

now appear before this Honorable Court and respectfully aver: chanrobles virtual law library
That, through Mr. Miguel Olgado, they already settled this case with
the herein defendant. chanroblesvirtualawlibrary chanrobles virtual law library
That the basis of the compromise is that we, the plaintiffs, finally
agree that we should be paid the amount of eight hundred pesos
(P800) in two installments; P300 to be paid on this same date, and
the remaining five hundred pesos (P500) at the end of March,
1922. chanroblesvirtualawlibrary chanrobles virtual law library
That we, the plaintiffs, recognize not to have any further rights in
this case than to the aforesaid amount of eight hundred pesos
(P800) and that this is the total amount the defendant Eulalia
Magsombol should pay us, and we have no right whatever to any
other amount than the aforementioned. chanroblesvirtualawlibrary chanrobles virtual law library
That we have not sold to any other person our rights as plaintiffs in
this case. chanroblesvirtualawlibrary chanrobles virtual law library
Wherefore, the plaintiffs respectfully request the dismissal of this

case without any pronouncement as to costs, and that the appeal
interposed by the defendant be further dismissed. chanroblesvirtualawlibrary chanrobles virtual law library
Batangas, Batangas, P.I., March 2, 1922. chanroblesvirtualawlibrary chanrobles virtual law library
(Sgd.) ROSA H. PORCUNA

Plaintiff chanrobles virtual law library
JUSTO M. PORCUNA
Plaintiff .
The defendant, through here attorney, Jose Mayo Librea, having
signified her assent to the motion, the Court of First Instance on the
same day, March 2, dismissed the action without notice to counsel
for the plaintiffs. chanroblesvirtualawlibrary chanrobles virtual law library
The petitioner alleges that he did not discover the dismissal of the
action until April 4, 1922. After an unsuccessful effort to obtain a
reconsideration of the order of dismissal from the trial court, he filed
the present petition for a writ of certiorari. By resolution dated
October 24, 1922, this court denied the petition and upon motion of
the petitioner we shall now briefly state our reason for such
denial.
chanroblesvirtualawlibrary chanrobles virtual law library
The burden of the petitioner's contention is (1) that he, as attorney

of record, was entitled to notice of his client's motion to dismiss the
case, and (2) that after the approval of the bill of exceptions the
lower court had lost jurisdiction of the case and had no power to
dismiss it. A moment's reflection should make it clear that neither of
these propositions is tenable. chanroblesvirtualawlibrary chanrobles virtual law library
Both at the common law and under section 32 of the Code of Civil
Procedure a client may dismiss his lawyer at any time or at any
stage of the proceedings and there is nothing to prevent a litigant
from appearing before the court to conduct his own litigation. (Sec.
34, Code of Civil Procedure.) The client has also an undoubted right
to compromise a suit without the intervention of his lawyer.
Though there is a valid agreement for the payment to the attorney

of a large proportion of the sum recovered in case of success, this
does not give the attorney such an interest in the cause of action
that it prevents plaintiff from compromising the suit. (4 Cyc., 990,
and authorities cited in Note 6; see alsoLouque vs. Dejan, 129 La.,
519; Price vs. Western Loan and Savings Co., 19 Ann. Cas., 589
and Note.)
In the present instance the clients did nothing that they did not
have a perfect right to do. By appearing personally and presenting a
motion they impliedly dismissed their lawyer. The petitioner's
contingent interest in the judgment rendered did not appear of
record. Neither as a party in interest nor as an attorney was he
therefore entitled to notice of the motion. chanroblesvirtualawlibrary chanrobles virtual law library
As to the second proposition that the court below could not dismiss
the case after the bill of exceptions had been approved, it is very
true upon such approval the lower court loses its jurisdiction over all
contentious matters connected with the issues in the case. But there
is nothing to prevent all of the parties by agreement to withdraw
the bill of exceptions with the consent of said court and resubmit
the case to the jurisdiction of the court. That was all that was done
in this case. A valid agreement between the parties to a case is the
law of the case in everything covered by the agreement. (Civil
Code, art. 1091; Compañia General de Tabacos vs. Obed, 13 Phil.,
391.) The petitioner might have protected his interests by entering
an attorney's lien under section 37 of the Code of Civil
Procedure. chanroblesvirtualawlibrary chanrobles virtual law library
The petition for a writ of certiorari was therefore properly denied. So

ordered.chanroblesvirtualawlibrary chanrobles virtual law library
Araullo, C. J., Street, Malcolm, Avanceña, Villamor, Johns, and

Romualdez, JJ., concur.

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G.R. No.

L-19695 November 17, 1922

JUAN S. RUSTIA, Petitioner, vs. THE JUDGE OF FIRST

The petitioner in his own behalf.

This is a petition for a writ of certiorari, the petitioner alleging that

After trial, the petitioner then being plaintiffs' attorney of record,

The plaintiffs, without any further intervention of their attorney,

Wherefore, the plaintiffs respectfully request the dismissal of this

(Sgd.) ROSA H. PORCUNA

The burden of the petitioner's contention is (1) that he, as attorney

Though there is a valid agreement for the payment to the attorney

The petition for a writ of certiorari was therefore properly denied. So

Araullo, C. J., Street, Malcolm, Avanceña, Villamor, Johns, and

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