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5 PAFLU-vs-BINALBAGAN

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G.R. No.

L-23959 November 29, 1971


PHILIPPINE ASSOCIATION OF FREE LABOR UNIONS (PAFLU), ENRIQUE ENTILA & VICTORIANO
TENAZAS 
vs.
BINALBAGAN ISABELA SUGAR COMPANY, COURT OF INDUSTRIAL RELATIONS, & QUINTIN
MUNING

FACTS:
On March 29, 1961, the Court of Industrial Relations ordered the reinstatement with back
wages of complainants Enrique Entila and Victorino Tenazas. Complainants Entila and Tenazas, on
December 3, 1963, filed a manifestation indicating their non-objection to an award of attorney's fees for
25% of their back wages, and, on the same day, Quintin Muning filed a "Petition for Award of Services
Rendered" equivalent to 20% of the back wages. Muning's petition was opposed by Cipriano Cid &
Associates on the ground that he is not a lawyer.

On 12 May 1964, the Court of Industrial Relations awarded 25% of the back wages as
compensation for professional services rendered in the case, apportioned as follows:

Attys. Cipriano Cid & Associates ............................................. 10%


Quintin Muning ......................................................................... 10%
Atty. Atanacio Pacis ................................................................. 5%

The award of 10% to Quintin Muning who is not a lawyer according to the order, is sought to be
voided in the present petition.

ISSUE: May a non-lawyer recover attorney's fees for legal services rendered? NO
HELD:

Section 24, Rule 138, of the Rules of Court, providing —

Sec. 24. Compensation of attorney's agreement as to fees. — An attorney shall be


entitled to have and recover from his client no more than a reasonable compensation for
his services, ...

Since respondent Muning is not a lawyer, he cannot establish an attorney-client


relationship with Enrique Entila and Victorino Tenezas or with PAFLU, and he cannot, therefore,
recover attorney's fees. Certainly public policy demands that legal work in representation of
parties litigant should been trusted only to those possessing tested qualifications and who
are sworn to observe the rules and the ethics of the profession, as well as being subject
to judicial disciplinary control for the protection of courts, clients and the public.
The ethics of the legal profession should not be violated; that acting as an attorney without
authority constitutes contempt of court, which is punishable by fine or imprisonment or both, and the law
will not assist a person to reap the fruits or benefit of an unlawful act or an act done in violation of law;
and that if fees were to be allowed to non-lawyers, it would leave the public in hopeless confusion as to
whom to consult in case of necessity and also leave the bar in a chaotic condition, aside from the fact that
non-lawyers are not amenable to disciplinary measures.

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