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Question XV
XV. Charo Conti engaged the services of Atty. Cesar Compostela for the registration of a property located in Cebu, and which property she had inherited together with her siblings. It was agreed in writing that Charo would pay Atty. Compostela PhP 20,000 as acceptance fee and PhP 2,000 as appearance fee. During the last hearing of the case, Atty. Compostela demanded an additional amount of PhP 20,000 for the preparation of a memorandum, which he said would further strengthen Charo's position, plus 20% of the total area of the property as additional fees for his services. Charo did not agree to Atty. Compostela's demands since they were contrary to their agreement. Besides, the property was co-owned with her siblings and she could not agree to Atty. Compostela's demands without the consent of her co-heirs.
Four (4) years later, the petition for registration was approved and the Land Registration Authority notified Charo that the decree of registration and the original of the owner's duplicate copy of the title had already been transmitted to the Register of Deeds (RD). When Charo went to the RD, she was surprised to discover that the owner's duplicate copy of the title had already been claimed by, and released to, Atty. Compostela. Despite demand, Atty. Compostela refused to deliver the title to Charo until she paid the additional attorneys' fees that he was demanding. Charo then instituted a complaint for disbarment against him. In his defense, Atty. Compostela claimed that:
(a)(a) he had a right to retain the owner's duplicate of the title as his retaining lien; and
(b)(b) he was entitled to the payment of additional professional fees on the basis of the principle of quantum meruit.
Rule on Atty. Compostela's defenses. (2.5% each)
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