G.R. No. 2027. September 05, 1905

This was an action brought by the plaintiffs against the defendant,
as executor of the last will and testament of Joaquin Martinez
Sy-Tiong-Tay, to recover the sum of $2,500, gold, for professional
services rendered by the plaintiffs as lawyers for the defendant.

After the filing of the complaint by the plaintiffs the defendant
presented a motion requesting the court to order the plaintiffs to
furnish a bill of particulars, showing in detail of what the said
professional services consisted, which motion was granted by the court,
and the plaintiffs thereupon filed a bill of particulars.

The defendant then filed his answer, the first paragraph of which
denied each and all of the allegations contained in the complaint, and
the second, that the defendant, during the time the said professional
services were rendered by the plaintiffs to the defendant, was not the
executor of the last will and testament of Joaquin Martinez
Sy-Tiong-Tay. After hearing the evidence presented by the respective
parties during the trial, the court rendered a judgment in favor of the
plaintiffs and against the defendant for the sum of $1,947.73, gold.
The defendant being notified of the judgment of the court, presented a
motion asking that the trial judge set out in his decision the facts
upon which he based his conclusions that the plaintiffs were entitled
to recover of the defendant said sum of money, whereupon the court
filed a new decision, which contained the following findings :

1. That the defendant, Sy-Giang, as executor of the last will
   and testament of Joaquin Martinez Sy-Tiong-Tay and guardian of the
   minor heirs of said deceased, did employ the plaintiffs as lawyers in
   the administration of said estate during the period from the 20th day
   of November, 1902, to the 15th day of August, 1903.

2. That said plaintiffs rendered to the defendant professional services as
   lawyers for the defendant during this period, as was alleged in the
   said complaint.

3. That the value of the
   property of the said estate was about 300,000 pesos, consisting of
   personal property, boats, commercial business, stock, and other credits.

4. That the proof taken during the trial of said cause established the
   fact that the services rendered by the plaintiffs to the defendant were
   well worth the amount charged by the plaintiffs, except that in certain
   particulars said charges were excessive, and which excess the court
   found to be the sum of $227.27, gold. This amount which the court found
   to be excessive, together with a sum which had already been paid,
   subtracted from the amount claimed by the plaintiff, left the amount of
   $ 1,947.73 gold.

5. The defendant did not appear during the trial and give testimony in his own behalf, although he was in Manila at the time.
6. That the proof adduced during the trial showed that the sum of
   $1,947.73, gold, was a just and reasonable charge for the professional
   services rendered by the plaintiffs to the defendant.

An examination of the bill of particulars rendered by the plaintiffs
to the defendant at the request of the latter shows that some of the
services rendered by the plaintiffs could scarcely be considered as
professional services. However, all of such services seem to have been
rendered by the plaintiffs to the defendant in the administration and
settlement of the estate of said Joaquin Martinez Sy-Tiong-Tay. No
question was raised during the trial with reference to the authority of
the defendant as executor of the said estate to employ said plaintiffs
as lawyers to perform the services rendered. Neither is that question
presented here.

The judgment of the lower court is affirmed, with costs, and after
the expiration of twenty days judgment should be entered in accordance
herewith, and the case remanded to the court below for the execution of
said judgment. So ordered.

Arellano, C. J., Torres, Mapa, and Carson, JJ., concur.
Willard, J., did not sit in this case.