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Lipana vs. Garcia, Et. Al.

ELIODORA LIPANA, petitioner, vs. EULALIO GARCIA, Judge of First Instance of Cavite, and ELEUTERIO BELTRAN, respondents.

G.R. No. 48608 | 1942-10-28

D E C I S I O N

OZAETA, J:

Respondent Eleuterio Beltran and petitioner Eliodora Lipana were attorney and client. The attorney as private prosecutor represented the client as complainant in an abortive criminal action for estafa against one Joaquin Lipana, which was dismissed by the Court of First Instance of Cavite upon motion of the provincial fiscal for lack of sufficient evidence. After the attempt of the private prosecutor to appeal to this Court from the order of dismissal had failed, the respondent attorney filed a writing in the same criminal case in the Court of First Instance of Cavite entitled "Petition to Fix Attorney's Fees,"...