(02) VALENTIN C. MIRANDA vs. ATTY. MACARIO D.

CARPIO
AC No. 6281, September 26, 2011

FACTS:
Complainant engaged the services of respondent in a land registration case when his original counsel
figured in a vehicular accident. Their agreement as compensation for the legal services was to pay
P20,000 as acceptance fee and P2,000 as appearance fee. During the last day of hearing, respondent
demanded an additional P10,000 for the preparation of a memorandum that supposedly will further
strengthen his case and 20 percent of the total area of the subject property as additional fee for his
services. Complainant did not accede to the demand for it was contrary to their agreement. Thereafter,
a decision granting the petition for registration was granted. When complainant went to the Register of
Deeds to get the owner’s duplicate of the Original Certificate of Title, he was surprised that it was
already claimed and released to the respondent. Thus, he asked the respondent to turn over the title
was the latter refused and reiterated his demand.

ISSUE:
WON the respondent counsel can validly withhold the owner’s duplicate of the OCT as retaining lien for
his alleged unpaid additional compensation.

HELD:
NO. The SC ruled that respondent’s claim for his unpaid professional fees that would legally give him the
right to retain the property of his client until he is paid has no basis. One of the elements in order that
an attorney’s retaining lien may be recognized is having an unsatisfied claim for attorney’s fees. There
was no proof of any agreement that the respondent counsel is entitled to an additional professional fee
of 20 percent of the total area covered by OCT No. 0-94. Clearly, there is no unsatisfied claim for
attorney’s fee that would entitle the respondent to retain his client’s property.