ATTORNEY’S LIEN
The PLAINTIFFS and their UNDERSIGNED
COUNSEL respectfully state:
1.
On 2 May
2008 this Honorable Court issued a DECISION
in the abovecaptioned case, finding for the herein plaintiffs.
2.
On 17
February 2016 the Court of Appeals (13th Division) issued a DECISION in CA GR CV No. xxx, “affirm(ing)
with modifications” the aforecited Decision, dated 2 May 2008, of this
Honorable Court.
3.
On 17 June
2016 the Court of Appeals (13th Division) issued a RESOLUTION denying the Motion for Reconsideration of the defendant xxx Bank
and Trust Co., Inc. (xxx).
4.
On 17
September 2016 the Supreme Court (3rd Division) issued a RESOLUTION in GR No. xxx entitled “xxx Bank
vs. Spouses xxx and xxx and xxx Insurance xxx Inc.”, DENYING the
Petition for Review on Certiorari filed by the defendant xxx.
5.
On 7
December 2016 the Supreme Court (3rd Division) issued a RESOLUTION DENYING WITH FINALITY the
Motion for Reconsideration filed by the defendant xxx.
6.
On 7 December
2016 the Judicial Records Office of the Supreme Court issued an ENTRY OF JUDGMENT quoting in full the
aforecited RESOLUTION, dated 7 December 2016, of the Supreme Court (3rd
Division).
7.
The DECISION,
dated 2 May 2008, of this Honorable Court made the following awards in
favor of the herein plaintiffs (Annexed
“A-26 to A-27”):
(a)
Moral damages –
P100,000.00;
(b)
Exemplary damages –
P100,000.00;
(c)
Attorney’s fees - P210,429.76;
(d)
Litigation expenses - P100,000.00;
(e)
Costs of suit
8.
The DECISION, dated 17 February 2016, of
the Court of Appeals (13th Division) ruled as follows (Annex “B-12”):
(a)
It “affirmed
with modifications” the Decision, dated 2 May 2008, of this Honorable
Court;
(b)
It reduced the
award of attorney’s fees to P100,000.00;
(c)
It deleted
the award of litigation expenses;
(d)
It affirmed
the award of moral damages of P100,000.00;
(e)
It affirmed
the award of exemplary damages of P100,000.00; and
(f)
It affirmed
the award of costs of suit.
No interest was awarded both by this Honorable Court and the Court of Appeals. However,
as per the latest existing jurisprudence, the interest shall commence to
run from finality of the judgment,
which was on 7 December 2016
(Annex “F-1”, Motion for Writ of
Execution). The latest jurisprudence
imposes an annual interest of 6% per annum,
which is the new rate since July 1, 2013, as per a 2013 BSP Circular[1]
issued in that year. The judgment awards
become a forbearance of money from the
date of the finality thereof on 7 December 2016.[2]
9.
The herein plaintiffs hereby request the defendant xxx
to prepare and release to the Court Sheriff a separate check of
P100,000.00 in the name of their undersigned counsel, xxx, by way of his attorney’s fees, as awarded in the aforecited decisions of this Honorable Court and
the Court of Appeals.
Further, the herein plaintiffs
hereby request the Court Sheriff in due time to release and turn over the said
check to the undersigned counsel for the plaintiffs, xxx, as part of the
implementation of the Writ of Execution.
WHEREFORE, premises considered, it is respectfully prayed that this ATTORNEY’S LIEN in favor of the
undersigned counsel for the plaintiffs, x
x x, in the amount of P100,000.00
be duly NOTED and APPROVED by this Honorable Court and that the same in due time be duly noted and enforced by the Court Sheriff in the implementation of
the Writ of Execution.
FURTHER, the plaintiffs and their
undersigned counsel respectfully pray that in due time the defendant xxx be
ordered to prepare and release to the undersigned counsel for the plaintiffs, x
x x, a separate check in the amount of P100,000.00
by way of an award of attorney’s fees
contained in the aforecited decisions of this Honorable Court and the Court of
Appeals.
FURTHERMORE, the plaintiffs and their
undersigned counsel respectfully pray that the interest for the said amount of P100,000.00 be paid by the
defendant xxx at the rate of 6% per
annum from the date of finality of the judgment (7 December 2016) until the
said attorney’s fee of P100,000.00 is fully paid, as per latest applicable
jurisprudence.
FINALLY, the plaintiffs respectfully pray for such and other reliefs as
may be deemed just and equitable in the premises.
xxx City, xxx, 2017.
[1]
Bangko Sentral ng Pilipinas Monetary
Board in BSP-MB Circular No. 799.
[2] Land Bank of the Philippines v. Emmanuel C. Oñate, G.R. No. 192371, January 15, 2014; Fil-Estate Properties, Inc. and Fil-Estate Network, Inc. v. Spouses
Conrado and Maria Victoria Ronquillo, G.R. No. 185798, January 13, 2014.
