G.R. No. 119088 -

Ruling

Accordingly, the said case was dismissed on January 19, 1989. When confronted, respondent-spouses admitted that a settlement had indeed been reached and that they expected to receive 35 hectares of land. Petitioner demanded the payment of the fees stipulated in their retainer agreement, however, respondent-spouses refused to pay despite repeated demands. Petitioner was thus constrained to file a Complaint for collection of sum of money with damages [4] against respondent-spouses. The Regional Trial Court of Pasig, Branch 151 rendered a decision on November 17, 1989 in favor of petitioner the dispositive portion of which reads: "WHEREFORE, judgment is hereby rendered for the plaintiff and against defendant-spouses: 1.....Declaring plaintiff entitled to ten percent (10%) equivalent to three and a half (3 1/2) hectares of the thirty-five (35) hectares awarded to and/or received by defendant-spouses from those lands and real properties involved in SEC Case No. 3054, located at Sitio Banaba, Barrio No. 3, Antipolo, Rizal covered by Transfer Certificate of Title No. 31527 issued by the Register of Deeds for the Province of Rizal; Transfer Certificate of Title No. 67845 issued by the Register of Deeds of Rizal, Marikina Branch; as well as those subdivision lots certificates of title (segregated from Transfer Certificate of Title No. 31527) issued by the Register of Deeds of Rizal, Marikina Branch numbered as follows: (LISTING OF TITLES OMITTED) and ordering defendant-spouses to transfer, cede, assign and deliver the same to the plaintiff; and, 2.....Ordering defendant-spouses to pay to plaintiff the following amounts: (a)....P180,000.00 representing the balance of her monetary fee under their retainer agreement, with interest of 12% from the filing of the complaint on February 22, 1989 until fully paid; (b)....P30,000.00 as moral damages; (c)....P10,000.00 as exemplary or corrective damages; and (d)....P10,000.00 as attorney's fees and litigation expenses, all three (3) foregoing amounts with interest of 12% from date hereof until fully paid." In a subsequent Order, the lower court declared that the attorney's fees awarded in the above-cited decision constitute a lien on the properties subject of the case and ordered the Register of Deeds of Rizal, Marikina Branch, to annotate said lien on the covering certificates of title and their derivatives. When the above-cited decision became final and executory, petitioner caused the issuance of a writ of execution. However, per Sheriff's Return, [5] only P3,500.00 of personal properties of respondent-spouses were levied. Apparently, Natalia Realty, Inc. had sold to private respondent Yolanda Alano, respondent-spouses' daughter, 230,090 square meters or a little over 23 hectares out of the 32.4 hectares given to them as settlement of the SEC case. [6] The sale was executed on December 28, 1988 or six days before respondent-spouses moved to dismiss the SEC case on January 3, 1989. This discovery prompted petition