- Petitioner
- Maria L. Anido
- Respondent
- Filomeno Negado
- Citation
- G.R. No. 143990
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Kapunan, J.
- Decided
- October 17, 2001
Summary
This case involves lawyer Filomeno Negado's claim for attorney's fees against former clients Maria Anido, Jose Larraga, and Salud Larraga for legal services rendered in settling their parents' estate. Negado prepared estate settlement documents in 1978 pursuant to an alleged oral contract providing for 4% compensation from property sales, but clients refused to sign the written contract while using the documents. He filed suit in 1987 seeking 15% of gross property sales. The RTC awarded fees, the Court of Appeals reduced the amount but upheld the claim. The Supreme Court reversed, ruling the action was barred by prescription under Article 1145 of the Civil Code, which requires actions on oral contracts to be filed within six years. Since the cause of action accrued in October 1978 when clients refused to sign the contract, but suit was filed only in November 1987, the six-year prescriptive period had lapsed. The Court emphasized that as a lawyer, respondent should have known the applicable prescriptive period for his claim.