E.M. BACHRACH, PLAINTIFF AND APPELLEE, VS.

VICENTE GOLINGCO,
DEFENDANT AND APPELLANT.

G.R. No. 13660, November 13, 1918

FACTS

Bachrach entered into a contract with Golingco, he sold a truck with the latter which was secured
by a promissory note and a chattel mortgage on the truck. The promissory note provided that
there would be payment of 25% attorney’s fees.

ISSUE

Whether or not there is an express written contract for fees between an attorney and his client,
may the court still disregard the contract? (YES)

RULING

A contract for attorney’s fees is different from other contracts. It may be disregarded if the
amount fixed is unconscionable or unreasonable, considering the value of the work
accomplished.

A claim for attorney’s fees may be asserted either in the very action in which the services in
question have been rendered, or in a separate action. If the

first alternative is chosen, the court may pass upon said claim even if its amount were less than
the minimum prescribed by law for the jurisdiction of the court over the subject matter of the
case for so long as the main action is within the jurisdiction of said court, upon the theory that
the right to recover attorney’s fees is but an INCIDENT of the case in which the services of
counsel have been rendered.