- Petitioner
- The Municipal Council of Iloilo
- Respondent
- Jose Evangelista
- Citation
- G.R. No. 32977
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Villa-Real, J.
- Decided
- November 17, 1930
Summary
This case involved the validity of an assignment of a judgment credit made by an attorney-in-fact to a lawyer in payment for professional services. Tan Ong Sze Vda. de Tan Toco won a P42,966.40 judgment against Municipality of Iloilo for expropriated land. Her attorney-in-fact assigned this credit to Attorney Antero Soriano for legal services in other cases, who then assigned it to Mauricio Cruz & Co. The widow challenged the assignments' validity, arguing they violated Civil Code Article 1459's prohibition on lawyers acquiring litigation property and that her attorney-in-fact lacked authority. The Supreme Court affirmed the assignments' validity, establishing that attorney-in-fact powers to pay debts and employ lawyers implicitly include authority to satisfy legal fees through judgment assignments, and that the Civil Code prohibition doesn't apply when the lawyer didn't participate in the case generating the judgment. This decision clarified the scope of attorney-in-fact powers and professional responsibility limitations regarding property acquisitions.