ATTORNEY’S LIEN

The PLAINTIFFS and their UNDERSIGNED COUNSEL respectfully

state:
1. On 2 May 2008 this Honorable Court issued aDECISION in the
abovecaptioned case, finding for the herein plaintiffs.
2. On 17 February 2016 the Court of Appeals (13thDivision) issued
a DECISION in CA GR CV No. xxx, “affirm(ing) with
modifications” the aforecited Decision, dated 2 May 2008, of this
Honorable Court.
3. On 17 June 2016 the Court of Appeals (13thDivision) issued
a RESOLUTION denying the Motion for Reconsideration of the
defendant xxx Bank and Trust Co., Inc. (xxx).
4. On 17 September 2016 the Supreme Court (3rdDivision) issued
a RESOLUTION in GR No. xxxentitled “xxx Bank vs. Spouses xxx
and xxx and xxx Insurance xxx Inc.”, DENYING the Petition for
Review on Certiorari filed by the defendant xxx.
5. On 7 December 2016 the Supreme Court (3rdDivision) issued
a RESOLUTION DENYING WITH FINALITY the Motion for
Reconsideration filed by the defendant xxx.
6. On 7 December 2016 the Judicial Records Office of the Supreme Court
issued an ENTRY OF JUDGMENT quoting in full the aforecited
RESOLUTION, dated 7 December 2016, of the Supreme Court (3rd Division).
7. The DECISION, dated 2 May 2008, of this Honorable Court made the
following awards in favor of the herein plaintiffs (Annexed “A-26 to A-
27”):
(a) Moral damages – P100,000.00;
(b) Exemplary damages – P100,000.00;
(c) Attorney’s fees - P210,429.76;
(d) Litigation expenses - P100,000.00;
(e) Costs of suit
8. The DECISION, dated 17 February 2016, of the Court of Appeals
(13th Division) ruled as follows (Annex “B-12”):
(a) It “affirmed with modifications” the Decision, dated 2 May 2008, of
this Honorable Court;
(b) It reduced the award of attorney’s fees toP100,000.00;
(c) It deleted the award of litigation expenses;
(d) It affirmed the award of moral damages ofP100,000.00;
(e) It affirmed the award of exemplary damages of P100,000.00; and
(f) It affirmed the award of costs of suit.
No interest was awarded both by this Honorable Court and the Court
of Appeals. However, as per the latest existing jurisprudence,
the interest shall commence to run from finality of the judgment,
which was on 7 December 2016 (Annex “F-1”, Motion for Writ of
Execution). The latest jurisprudence imposes an annual interest of 6%
per annum, which is the new rate since July 1, 2013, as per a 2013 BSP
Circular[1] issued in that year. The judgment awards become
a forbearance of money from the date of the finality thereof on 7
December 2016.[2]
9. The herein plaintiffs hereby request the defendant xxx to prepare and release
to the Court Sheriff aseparate check of P100,000.00 in the name of
their undersigned counsel, xxx, by way of hisattorney’s fees, as awarded in
the aforecited decisions of this Honorable Court and the Court of Appeals.
Further, the herein plaintiffs hereby request theCourt Sheriff in due time
to release and turn over the said check to the undersigned counsel for the
plaintiffs, xxx, as part of the implementation of the Writ of Execution.

WHEREFORE, premises considered, it is respectfully prayed that

this ATTORNEY’S LIEN in favor of the undersigned counsel for the
plaintiffs, x x x, in the amount of P100,000.00 be duly NOTED and
APPROVED by this Honorable Court and that the same in due time be duly
noted and enforced by the Court Sheriffin the implementation of the Writ
of Execution.
FURTHER, the plaintiffs and their undersigned counsel respectfully
pray that in due time the defendant xxx be ordered to prepare and release to
the undersigned counsel for the plaintiffs, x x x, a separate check in the
amount of P100,000.00 by way of an award ofattorney’s fees contained
in the aforecited decisions of this Honorable Court and the Court of Appeals.
 FURTHERMORE, the plaintiffs and their undersigned counsel
respectfully pray that the interestfor the said amount of P100,000.00 be
paid by the defendant xxx at the rate of 6% per annum from the date of
finality of the judgment (7 December 2016)until the said attorney’s fee
of P100,000.00 is fully paid, as per latest applicable jurisprudence.
FINALLY, the plaintiffs respectfully pray for such and other reliefs as
may be deemed just and equitable in the premises.
xxx City, xxx, 2017.