Rodriguez v. Ynza 97 Phil 1003 (UNREPORTED CASE**)
Nos. L-8290-8291, November 18, 1955
Facts:
The CFI of Iloilo authorized the payment to Atty Benjamin H. Tirol for professional services, charged to the estate of Julia Ynza.
Jose Ynza objects to the said payment on the ground that Hugo P. Rodriguez, trustee of the estate of Julia Ynza, being a member of the bar*, did not need the assistance of Atty. Tirol, and that, at any rate, the latter had rendered legal services, not to the estate of Julia Ynza, but to the said Hugo Rodriguez in his individual capacity.
*Rule 85, Sec. 7:
“When the executors or administrator is an attorney, he shall not charge against the estate any professional fees for legal services rendered by him.”
Issue:
Whether or not, the objection of Jose Ynza to the payment to Atty Benjamin H. Tirol for professional services charged to the estate of Julia Ynza tenable?
Held:
NO. The objection is untenable.
Rodriguez was named trustee by reason of his qualifications, as an administrator of the estate of Julia Ynza, involved in 8 cases but not in his private capacity as a lawyer.
Atty. Tirol as counsel for Rodriguez in the said cases had rendered services for the benefit of the estate of Julia Ynza, which obtained a favorable decision in every one of the said cases.
**Note: this unreported case is not on the worldwide web as of December 5, 2017. Attached is the actual photo taken on the 97 Phil., page 1003.
Nos. L-8290-8291, November 18, 1955
Facts:
The CFI of Iloilo authorized the payment to Atty Benjamin H. Tirol for professional services, charged to the estate of Julia Ynza.
Jose Ynza objects to the said payment on the ground that Hugo P. Rodriguez, trustee of the estate of Julia Ynza, being a member of the bar*, did not need the assistance of Atty. Tirol, and that, at any rate, the latter had rendered legal services, not to the estate of Julia Ynza, but to the said Hugo Rodriguez in his individual capacity.
*Rule 85, Sec. 7:
“When the executors or administrator is an attorney, he shall not charge against the estate any professional fees for legal services rendered by him.”
Issue:
Whether or not, the objection of Jose Ynza to the payment to Atty Benjamin H. Tirol for professional services charged to the estate of Julia Ynza tenable?
Held:
NO. The objection is untenable.
Rodriguez was named trustee by reason of his qualifications, as an administrator of the estate of Julia Ynza, involved in 8 cases but not in his private capacity as a lawyer.
Atty. Tirol as counsel for Rodriguez in the said cases had rendered services for the benefit of the estate of Julia Ynza, which obtained a favorable decision in every one of the said cases.
**Note: this unreported case is not on the worldwide web as of December 5, 2017. Attached is the actual photo taken on the 97 Phil., page 1003.
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