Cuenco v. Cuenco

3. CUENCO V. CUENCO  Five deeds of donation were executed in favor of five children.
This
G.R. No. 149844 left out Concepcion, who became respondent in this case.
October 13, 2004  Concepcion occupied Lot 903-A6 and he paid taxes for it
By: Justine Limjoco  When Concepcion went to the Register of Deeds to register Lot
903-A6, there was an adverse claim by Miguel saying that he was
DOCTRINE: When a client employs the services of a law firm, he doesn’t the absolute owner of the said lot.
employ the services of the lawyer who is assigned to personally handle the  Miguel’s allegations:
case. Rather, he employs the entire law firm. Being a partner of the law firm, o He executed five deeds of donation to five children of his
the partners are entitled to their respective share in the attorney’s fees from brother because of “love, care and gratitude” they
the firm’s clients. exhibited during his long sickness.
o Concepcion never visited him.
FACTS:  Miguel was able to take the witness stand, but he became sick and
 Concepcion (respondent) filed the initiatory complaint herein for was not able to present on cross-examination so his testimony was
specific performance against her uncle Miguel Cuenco (petitioner) stricken off the record.
o Concepcion’s father, Don Mariano Jesus Cuenco, and  Marietta Cuyegkeng (Miguel’s only daughter) substituted him in the
Miguel Cuenco formed the “Cuenco and Cuenco Law case. She avers:
Offices” o She is the owner of the lot since she purchased it from his
o Cuenco and Cuenco Law Offices served as counsel for father.
two cases, “Valeriano Solon v. Zoilo Solon”, and o She was aware of the case because her father used to
“Valeriano Solon v. Apolonia Solon” involving a dispute commute to Cebu to attend hearings
among relatives over ownership of Lot 903 of the Banilad o She constructed a house on the said lot.
Estate  Lower Court decided that Concepcion has the legal right of
 Records of these cases indicate the name of Miguel alone as ownership over Lot 903A6
counsel of record. However, the real lawyer behind the success of  The CA affirmed this decision and ruled that the subject land “is
said case was Don Mariano Jesus Cuenco. part of the attorney’s fees of Don Mariano Cuenco, predecessor in
 After winning the said cases, the awardees of Lot 903 subdivided interest of Concepcion Cuenco, and Miguel merely holds such
said lot into three (3) parts as follows: property in trust for her.
o Lot 903-A: 5,000 square meters - Mariano Cuenco’s
attorneys fees ISSUE: Whether Concepcion is entitled to the ownership of Lot 903A6
o Lot 903-B: 5,000 square meters - Miguel Cuenco’s
attorneys fees HELD: YES
o Lot 903-C: 54,000 square meters - Solons retention  Given as attorneys fees was one hectare of Lot 903, of which two
 Mariano Cuenco entrusted Lot 903 A to Miguel. five-thousand square meter portions were identified as Lot 903-A
o Miguel was able to obtain in his own name a title for Lot and Lot 903-B. Miguel handling the case does not mean that he
903-a alone is entitled to the attorney’s fees in the said cases. When a
o Miguel was under the obligation to hold the title in trust for client employs the services of a law firm, he does not employ the
his brother Mariano’s children by first marriage services of the lawyer who is assigned to personally handle the
 Lot 903-A was partitioned into six sub lots (903-A1 to A6) to case. Rather, he employs the entire law firm. Being a partner in the
correspond to the six children of Mariano’s first marriage (Teresita, law firm, Mariano -- like Miguel -- was likewise entitled to a share in
Manuel, Lourdes, Carmen, Consuelo and Concepcion) the attorney’s fees from the firm’s clients.
 There is implied trust between the parties.
 A trust is a legal relationship between one having an equitable
ownership in a property and another having legal title to it.
 Trust relations between parties may either be express or
implied. Express trusts are created by the direct and positive acts of
the parties, indicated through some writing, deed, will, or words
evidencing an intention to create a trust. On the other hand, implied
trusts are those that, without being express, are deducible from the
nature of the transaction as matters of intent or which are
superinduced on the transaction by operation of law as a matter of
equity, independently of the particular intention of the parties.
Implied trusts may either be resulting or constructive trusts, both
coming into being by operation of law.
 Although Lot 903-A was titled in Miguel’s name, the circumstances
surrounding the acquisition and the subsequent partial dispositions
of this property eloquently speak of the intent that the equitable or
beneficial ownership of the property should belong to Mariano and
his heirs.
 Lot 903-A was one half of the one-hectare portion of Lot 903 given
as attorney’s fees by a client of the law firm of Partners Miguel and
Mariano Cuenco. It constituted the latter’s share in the attorney’s
fees and thus equitably belonged to him, as correctly found by the
CA.
 The fact that Lot 903-A had been titled in the name of Miguel gave
rise to an implied trust between him and Mariano, specifically; the
former holds the property in trust for the latter. In the present case,
the implied trust arose from the share in the attorney’s fees that
does not categorically fall under Articles 1448 to 1456 of the Civil
Code. The cases of implied trust enumerated therein does not
exclude others established by the general law of trust.

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3. CUENCO V. CUENCO  Five deeds of donation were executed in favor of five children.

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