Debbie C. Yu-Tungol, M. Huntley, Illinois Call Now: 1.
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Hospital Affiliations Advocate Sherman Hospital. To entertain such premise, says petitioner, would allegedly render nugatory every contract for legal services, and then every counsel, despite his efforts, would not deserve his fees every time execution sale became necessary to enforce judgment. In their comment, 30 the Ingcos explain that they were in disbelief when petitioner charged them P 70, as notarization fee for the final deeds. They had the same deeds notarized by another lawyer for only P Further, the law firm would not let them borrow the case files such that their relationship turned sour, prompting them to terminate the services of the firm.
They deny gaining any extra material benefit from the auction of the three lots and stress that they even doubt whether any benefit would accrue to them, considering the numerous claims annotated on the titles. The spouses add that the Court of Appeals did not interpret the contract, but applied its literal meaning to the facts of the case in accord with law and jurisprudence. At this juncture, as to the interpretation of contracts, we invite attention to Article , paragraph 1 of the Civil Code which states that: "If the terms of a contract are clear and leave no doubt upon the intention of the contracting parties, the literal meaning of its stipulations shall control.
If the words appear to be contrary to the evident intention of the parties, the latter shall prevail over the former. A court's purpose in examining a contract is to interpret the intent of the contracting parties, as objectively manifested by them. The process of interpreting a contract requires the court to make a preliminary inquiry as to whether the contract before it is ambiguous.
A contract provision is ambiguous if it is susceptible of two reasonable alternative interpretations. Where the written terms of the contract are not ambiguous and can only be read one way, the court will interpret the contract as a matter of law. If the contract is determined to be ambiguous, then the interpretation of the contract is left to the court, to resolve the ambiguity in the light of the intrinsic evidence.
The Court of Appeals, in this case before us, faced a situation where there were opposing interpretations of the parties as to the meaning and application of the disputed contract. In its professional capacity, the firm shall enforce delivery of title covering a lot you purchased at P5,, Should you find the foregoing in order, kindly signify your conformity and sign the space herein provided. Proceeds from levy or garnishment was not mentioned. The contract itself, did not include a situation where the buyer-client recovers from levy of real properties.
The contract is silent in this regard. If the intention of the parties was to provide for an automatic application of the contract on levy proceeds, both parties could have easily agreed on it.
Bedrooms 3 Bathrooms 2 Carparks 1. If you have need of our services, please call us, day or night, at: Flowers Order Flowers. Christine was professional but made you feel that you were her only client. If the terms of a contract are clear and leave no doubt upon the intention of the contracting parties, the literal meaning of its stipulations shall control. Since the lots were not redeemed, the property was consolidated in the name of the spouses. Contact Information Local Calls:
From the phraseology of its contract with the spouses Ingco, petitioner had only two alternative objectives as their legal tasks, 1 delivery of title or 2 refund of the purchase price. Items 2 and 5 of the contract envisioned two scenarios: 1 when the law firm recovers by mere demand letter; and 2 when the collection is through final judgment. Of the three serially enumerated, only the value of the property sold, bought and recovered actually inured to the benefit of the Ingcos.
At this point, however, no money had yet been collected, nor had any interests and gains been verified and realized.
tungol (plural tunglen). a planet, a heavenly body such as a star. On þine deaðe ealle tunglen & gesceafte wurðen gestyrede. — The Gospel of Nicodemus. stomach. n. (body), 1. breadbasket, stomach, tum, tummy, an enlarged and muscular saclike organ of the alimentary canal; the principal organ of digestion.
We are in agreement with the appellate court that what the law firm delivered to its clients was the refund of the amount claimed plus interest, stated in the compromise agreement with Villa Crista, not the title to the lot and more so, not the three lots purchased by the spouses at the execution sale. In our view, the law firm had been adequately paid its lawyer's fees and is no longer entitled to additional fees on top of the P 1.
Thus, the firm had a bonus of P ,, since they received P 1,, from the clients. We note that the Ingcos acquired the three lots as the highest bidder at the execution sale, since no one else bid higher. On this point, it can be said that the lots had been acquired not through the recovery efforts of the law firm. Had other persons bidded a higher price, the matter of the three lots would be entirely impertinent here. It is stretching the firm's contractual rights to say that the three lots acquired in the auction by the Ingcos' was thru the law firm's contractual services.
The law firm appears to have extended the following services to the Ingcos: 1 sent three demand letters 33 to the developer; 2 filed a complaint 34 against the latter on March 29, ; 3 appeared for the Ingcos during the July 29, pre-trial before the HLURB arbiter; 35 4 filed the joint motion to approve compromise agreement 36 between the parties dated October 21, ; and 5 attended four preliminary conferences, three of which were reset, and only one called. It took three months from pre-trial to the signing of the compromise agreement on October 1, There were no long-drawn trials.
It was respondent Renato Ingco who actually negotiated in person with the developer. There is no positive evidence shown that the law firm battled for its clients against Villa Crista during the negotiation stage. As we have ruled previously, courts can fix reasonable compensation which lawyers should receive for their professional services. Incidentally, while the spouses Ingco might have not raised the issue of the interpretation of contract in the trial court, it cannot be said also that the Court of Appeals deprived petitioner its right to be heard when it passed upon the issue.
When it interpreted the agreement, the Court of Appeals merely sought to ascertain the meaning attached to the words used in the written contract, 40 undoubtedly to resolve the opposing contentions of the parties themselves. On the last issue regarding the inhibition of the justices of the appellate court, aside from being moot and academic, we find that the issue had been adequately addressed by the appellate court. While bias and partiality are recognized as valid reasons for the voluntary inhibition of a judge under Rule , Section 1, par.
As long as the judge's opinions were formed in the course of judicial proceedings based on the evidence presented, and on the conduct of the parties as observed by the magistrate in court, such opinions - even if later found to be erroneous - will not prove personal bias or prejudice on the part of the judge. In this case, the law firm has failed to present concrete proof that any or all members of the Court of Appeals' Second Division had a personal interest in the case, or that their opinions on the case have stemmed from an extrajudicial source.
We find no sufficient basis or reason to doubt their fairness and ability to decide this case with the "cold neutrality of an impartial judge. As the appellate court pointed out, the present case has already been decided.
A motion for inhibition can no longer be granted if a decision has already been rendered and the justice or judge sought to be disqualified had duly participated and cast his or her vote without any objection from any source. Clearly, a litigant cannot be permitted to speculate upon the action of the court and to raise objections only after an unfavorable decision has already been rendered. Ingco v. Costs against petitioner. Endnotes :. Jacinto and Bienvenido L. Reyes concurring. Dated March 29, Abrenilla of NEDA. If the terms of a contract are clear and leave no doubt upon the intention of the contracting parties, the literal meaning of its stipulations shall control.
Court of Appeals, G. Rodriguez, G.
Goldloop Properties, Inc. NLRC , G. Eastern Telecommunications Phils.