You are on page 1of 3

CONTRACT OF LEGAL SERVICES

KNOW ALL MEN BY THESE PRESENTS:

This Agreement is made and entered into by and between:

AMOR A. HINTAY, of legal age, married, Filipino and with residence and postal
address at Bgy. San Miguel, Puerto Princesa City, hereinafter called the FIRST PARTY,

AND

ATTY. FRANCIS RAINIER B. UMALI, of legal age, single, Filipino, and with
office address at Bueno and Umali Law Offices, 33 Peneyra Rd., Bgy. San Pedro,
Puerto Princesa City, Palawan, hereinafter referred to as the SECOND PARTY,

WITNESSETH

WHEREAS, the FIRST PARTY currently intends to file a case for “Recovery of
Possession,” to be filed with a court of proper jurisdiction, and is need of a lawyer to
represent her in the said court;

WHEREAS, the SECOND PARTY is a lawyer with Attorneys Roll No. 65005,
PTR No. 2687140 issued on 22 June 2016, IBP No. 1042644 issued on 15 June 2016
and authorized by the Supreme Court of the Philippines to engage in the practice of law,
who is willing to undertake representations and litigations before the courts and quasi-
judicial agencies for a fee.

NOW, THEREFORE, the parties hereto hereby agree and stipulate as follows:

1. The FIRST PARTY engages the services of the SECOND PARTY as her legal
counsel in the abovementioned case;

2. This Contract of Legal Services shall be limited only to the abovenamed case
and the accompanying proceedings before the first level courts. It shall not cover
any appeals that the FIRST PARTY may wish to take before the higher courts,
which shall be subject to a separate agreement between the parties;

3. The SECOND PARTY is tasked with the preparation, notarization and filing of the
complaint and other pertinent papers in connection with the case. As
consideration for his acceptance of these undertakings, the FIRST PARTY shall
be paid by the SECOND PARTY the amount of Forty Thousand Pesos
(P40,000.00) in installments. The first installment of Ten Thousand Pesos
(P10,000.00) shall be paid by the SECOND PARTY upon the execution of this
contract. The remaining balance shall be paid by the FIRST PARTY in a monthly
basis;

4. The FIRST PARTY is also obligated to compensate the SECOND PARTY for his
appearances before the City Court during hearings in the amount of ONE
THOUSAND FIVE HUNDRED PESOS (P1,500.00) per appearance. In the event
that the FIRST PARTY fails the pay the appearance fee on the date of the
hearing, the SECOND PARTY shall consider the amount as a collectible which
must be paid by the former after the court has rendered its decision on the case;

5. The FIRST PARTY is likewise charged with the payment of motions, judicial
affidavits and other papers to be filed with the court subsequent to the complaint
in the amount of ONE THOUSAND FIVE HUNDRED PESOS (P1,500.00) per
document. The FIRST PARTY is likewise responsible for the payment of
postponement fees with the City Court; except, if the postponement is
attributable to the SECOND PARTY, then the postponement fees shall be
shouldered by him;

6. The FIRST PARTY shall shoulder the expenses for the service of the necessary
documents to the opposing parties and its filing with the court. If exigencies of the
circumstances demand, the SECOND PARTY may forward the amount needed
to meet such expenses, except for court fees, but he shall be entitled to
reimbursement by the FIRST PARTY of the total amount spent, subject to the
presentation of relevant receipts;

7. The FIRST PARTY shall be responsible for collecting and thereafter furnishing
the SECOND PARTY with the evidences needed to prosecute their claims, and
must do so within reasonable time prior to the deadline set by the Court;

8. The FIRST PARTY is likewise obligated to divulge to the SECOND PARTY all
facts and circumstances related to the said cases that are within their personal
knowledge, or the occurrence of any relevant future events that may come to
their knowledge while the case is pending, within a reasonable time. The failure
of the FIRST PARTY to comply with this provision shall entitle the SECOND
PARTY to terminate his engagement as legal counsel, upon due notice, with or
without the former’s consent;

9. In case the SECOND PARTY chooses to withdraw his representation prior to the
rendition of judgment by the City Court due to a violation by the FIRST PARTY of
any provision in this agreement, with or without bad faith on the latter’s part, the
FIRST PARTY shall NOT be entitled to a refund for any work already performed
by the SECOND PARTY;

10. Should the SECOND PARTY absolutely fail to perform his duties as legal
counsel, such as but not limited to the filing of papers as ordered by the City
Court, the FIRST PARTY shall be entitled to a refund of the amount they paid
corresponding to the task left unperformed and may opt to terminate the
SECOND PARTY’s engagement;

11. In case EITHER PARTY terminates the engagement without any reasonable
cause and prior notice, the PARTY who made such unreasonable withdrawal
shall be liable to the other for the payment of liquidated damages amounting to
FIVE THOUSAND PESOS (P10,000.00);

12. Should the City Court render judgment favorable to the FIRST PARTY, the
SECOND PARTY shall be entitled to a contingent fee equivalent to the total
amount awarded as Attorney’s Fees. In case Attorney’s Fees have not been so
awarded in the decision, the FIRST PARTY shall endeavor to pay the said
contingent fee amounting to Ten Thousand Pesos (P10,000.00) or 10% of total
amount of cash award recovered, whichever is higher. However, should the
claims of the FIRST PARTY be adjudged adversely, the SECOND PARTY should
not be entitled to any additional payment;

13. In case it is necessary to file papers or documents before the Court for the
execution of a judgment favorable to the FIRST PARTY, the SECOND PARTY
shall undertake the duty of doing so upon the payment of Five Thousand Pesos
(P5,000.00). However, the FIRST PARTY shall still forward the necessary funds
for the service and filing of the said papers, and shall still compensate the
SECOND PARTY for his appearances before the Court;
14. Upon the termination of the case in the Court, the SECOND PARTY shall be
entitled to retain in his possession all documents and items relevant to the case
until all amounts due to him under this contract are paid by the FIRST PARTY.
The SECOND PARTY shall also have a lien on any monetary awards granted to
the FIRST PARTY by the Court corresponding to the unpaid amount;

15. The SECOND PARTY does not warrant that the CITY COURT shall render
judgment favorable to the FIRST PARTY. However, the SECOND PARTY is
obligated to explore all legal and equitable means available, and exert all
necessary efforts within the scope of his abilities to at least grant the FIRST
PARTY the reliefs they deserve under existing laws.

IN WITNESS THEREOF, we have hereunto affixed our signatures this 10 th day of


May 2018 at Puerto Princesa City, Palawan, Philippines.

AMOR T. HINTAY
First Party

ATTY. FRANCIS RAINIER B. UMALI


Second Party

You might also like