Beruflich Dokumente
Kultur Dokumente
Defendant
Both Parties
EFFECT
Dismissal of the claim without prejudice. Defendant who
appears shall be entitled to judgment on a permissive
counterclaim
Same effect as failure to file a response under Section 12 of
the Rule. Section 12 provides that the court by itself shall
render judgment as may be warranted by the facts alleged in
the Statement of claim limited to what is prayed for. The court
however, may, in its discretion, reduce the amount of
damages for being excessive or unconscionable.
Note: This shall not apply where one of two or more
defendants who are sued under a common cause of action
and have pleaded a common defense appears at the hearing.
Dismissal WITH prejudice of both the claim and counterclaim
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94. e. No. In this jurisdiction, one is considered to be unsuitable for appointment as administrator
when he has adverse interest of some kind or hostility to those immediately interested in the
estate (Lim v. Diaz-Millarez, G.R. No. L-17633, October 19, 1966). When the fact of
indebtedness, however, was only subsequently discovered after the administrator has been duly
appointed, he should not be removed absent any other lawful ground (Dalisay, etc. v.
Consolacion, etc., G.R. No. L-44702, July 30, 1979).
96. Unggoy was validly appointed as executor of the estate of Bogie. Since Unggoy is not
acquainted with the obligations of an executor and is threatened by the many claims of
Bogies many heirs and creditors, Unggoy engaged the services of Atty. Napolie. Should
the attorneys fees of Atty. Napolie be charged against the estate? How will Atty. Napolie
enforce her claim? If Bogie realized Unggoys ignorance and appointed Atty. Napolie
instead as executor, can Atty. Napolie claim her attorneys fees against the estate?
No. A lawyer of an administrator or executor may not charge the estate for his fees, but rather, he
must charge his client. When a lawyer has rendered legal services to the executor or
administrator to assist him in the execution of his trust, his attorneys fees may be allowed as
expenses of administration. The estate is, however, not directly liable for his fees, the liability for
the payment resting primarily on the executor or administrator. If the administrator had paid the
fees, he would be entitled to reimbursement from the estate (Occena v. Marquez, GR No. L27396, September 30, 1974). Thus, Atty. Napolie can validly claim against Unggoy but not
against Bogies estate.
If Atty. Napolie was instead appointed as executor of the estate of Bogie, he is still unable to
charge the estate for attorneys fees. Under Section 7, Rule 85 of the Rules of Court, when the
executor or administrator is an attorney, he shall not charge against the estate any professional
fees for legal services rendered by him.
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