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CONTRACT OF LEGAL SERVICES

Please read the entire contract before signing it. You may ask another Attorney to review
the contract and advise you on its possible consequences. The undersigned Client
acknowledges that she was given an opportunity to seek such advice to another Attorney.
Full Legal Name: Maria S. Cagandahan

referred to as “Client”, 29 years or age, residing at Unit 8756 Condominium Towers, E.


Rodriguez Avenue, Quezon City and Atty. Gil Ray Ontal of the VPOSS Law Office,
Felcris Centrale Corporate office. Quimpo Blvd Davao City, a duly licensed lawyer
authorized to practice law in the Philippines. He is employed to work on the undersigned
Client’s case, hereinafter referred as Attorney.

Now, therefore, it is agreed as follows:

A. PURPOSE

The purpose of this agreement is for Atty. Gil Ray Ontal to provide Client with legal
services in connection with the case of People of the Philippines vs. Maria Cagandahan,
for a criminal case of Theft filed by the Client.

The Client agrees that the Attorney will represent Client in the case of People of the
Philippines vs. Maria Cagandahan and the Attorney agrees to perform the said service. The
legal services include but not limited to the preparation of pleadings, preparation of court
papers and other necessary documents, representation in court, correspondence, and phone
conferences.

B. PROFESSIONAL RELATIONSHIP

By virtue of the purposes for which the attorney is employed, an attorney-client


relationship is hereby established between Client and the Attorney.

C. DURATION OF AGREEMENT

The duration of this retainer agreement starts from December 18, 2018 until the case
reaches its finality. Once the work is completed, should Client require further legal service,
Client needs to enter into a new retainer agreement with the firm.
D. LEGAL FEES

Client agrees to pay the attorney a minimum and non-refundable amount of Fifteen
Thousand Pesos (P15,000) monthly as acceptance fee. Payment by the Client will
guarantee that the Attorney will use professional diligence in handling the case. All legal
work will be charged against the retainer.

Client will be billed at an hourly rate of Two Hundred Pesos (P200.00) when the attorney
works on a Client file, including but not limited to time spent writing and reviewing
pleadings, file review, legal research, or other information gathering procedure, preparation
of court documents, telephone, or conference time with the client and other persons
involved in the case, deposition, travel time from the office and return, court appearances
and any other time spend and/or work performed related to the Client’s case. When the
legal service is rendered after the office hours, on weekends, holidays, or on a rush basis,
Client will be charged at an hourly rate of Five Hundred Pesos (P500.00).

Client also agrees to pay additional fees for the attorney’s assistants and paralegals. Client
will be billed at an hourly rate of One Hundred Pesos (P100.00)

Client understands that fees may be adjusted upward depending on successful completion
of an engagement, the complexity of the matter involved, or the level of commitment
required.

In general, Client will pay all “costs” in connection with Attorney’s representation of Client
under this Agreement.

In the event of dismissal of Attorney by the Client, the Attorney is entitled to be paid for
the services he has already provided for the school on the basis of quantum meruit.

E. BILLINGS

Client will be billed monthly for legal services. The bill will reflect the services rendered
and the disbursements for the services provided such as postage, telephone, photocopying,
delivery, filing fees and all costs in connection with the Attorney’s representation. It will
also show the time spent and the hourly billing rate.
The bill is payable within Thirty (30) days upon receipt. If it is not paid within the said
period, the unpaid balanced will be charged with a late payment fee at the rate of 5% per
month. If Client deliberately refuses to pay the bill within Thirty (30) days or fails to make
arrangements to pay the bill, the Attorney will file a motion to withdraw at the earliest
possible time and seek to collect the fees owed plus the late charges.

The Client may ask for the bill at anytime. If there are errors in the billing, the Client must
send a complaint to the Attorney within Thirty (30) days for correction otherwise no
correction shall be made and the bill will be considered as totally acceptable by the Client
and Client shall pay the full amount without complaint.

F. LIEN

Client agrees that the Attorney shall have a lien over Client’s funds and may withdraw the
amount necessary to pay for the Attorney’s lawful fees and disbursements. The Attorney
shall also have a lien to the same extent on all judgments and executions secured for the
Client.

G. DUTIES OF THE CLIENT

In addition to compliance to the payment requirements, the Client is expected to give


personal information to the Attorney as well as to update the Attorney of his or her current
mailing address and persons to contact in case of emergency. The Client must cooperate
with the Attorney and disclose all pertinent information concerning the case.

The Client must open all the mails received from the Attorney’s office, promptly respond
to the request and return phone calls. The Client shall produce any or all documents that
might be relevant to the case that are specifically requested by the Attorney.

It is also the Client’s duty to notify the Attorney regarding errors in the billing otherwise
no correction shall be made.

H. EMPLOYING ASSOCIATE OR ASSISTANT COUNSEL AND EXPERTS

Attorney may suggest using experts such as accountants, private investigators or other
experts to examine persons, documents or facts involved in this action. All such experts
shall report exclusively to Attorney. Fees charged by such expert witnesses and
investigators may be billed directly to Client or through Attorney’s office and like all other
services and costs, they are Client’s sole responsibility to pay.

The Attorney, with the consent of the Client, may also obtain an Associate or Assistant
Counsel who is competent with the matter being handled. It is also the responsibility of the
Client to pay them.

I. FAVORABLE OUTCOME NOT WARRANTED

The Attorney makes no warranties concerning successful outcome of any legal action that
may be filed. All the statements of the Attorney are mere opinions and are not a warranty
of success. The Client has been told, recognizes and understands that the Attorney has
made no guarantee promising the success of this case.

J. TERMINATION OF THE CONTRACT

This agreement is terminated by the substitution, discharge, or withdrawal of the attorney.

a. Substitution

The Client has the right to remove the Attorney from the case by requesting him or her to
sign a legal document stating that the Attorney will be replaced by a new one.

b. Withdrawal of Attorney

The Attorney also has the right to withdraw services and ask the Client to sign a
Substitution of Attorney form.

In the following cases, the Attorney may withdraw services:

(a) When the client pursues an illegal or immoral course of conduct in connection with the
matter he is handling;

(b) When the client insists that the lawyer pursues conduct violative of these canons and
rules;

(c) When his inability to work with co-counsel will not promote the best interest of the
client;
(d) When the mental or physical condition of the lawyer renders it difficult for him to carry
out the employment effectively;

(e) When the client deliberately fails to pay the fees for the services or fails to comply with
the retainer agreement;

(f) When the lawyer is elected or appointed to public office; and

(g) Other similar cases.

In case the Client refuses to sign the substitution of attorney form within Ten (10) days,
the Attorney has the right to file a motion to withdraw as counsel provided that the Attorney
gave the Client enough notice to hire a new Attorney and has delivered to the Client all the
papers, funds and properties belonging to the her.

K. POWER OF ATTORNEY TO EXECUTE DOCUMENTS

The Client gives the Attorney Client’s power of attorney to execute all documents
connected with the case of which Attorney is retained.

L. INCORPORATION BY REFERENCE OF DOCUMENTS INTO THE


AGREEMENT

Relevant documents not attached but shows by their contents a connection to this
agreement may be taken together and is deemed to be agreed upon by the Client and
Attorney.

L. DISPOSITION OF DISPUTES

a. Arbitration

Any disagreement or controversy out of or relating to this Agreement can be submitted for
resolution to arbitration before arbitrators. The decision of the said proceeding shall be
made in writing and shall be final and binding between the Attorney and Client.

The disagreement or controversy may include but not limited to dispute concerning the
Attorney’s fees and expenses. In such case, Both Attorney and Client agree to resolve all
fee disputes by arbitration.

b. Other Methods of Alternative Dispute Resolution

Non-court dispute resolution methods are not limited to arbitration. The Attorney and
Client may utilize other methods depending on the circumstances such as but not limited
to adjudication, expert determination, early neutral evaluation and med/arb,

M. DATE OF AGREEMENT
This Agreement and the terms shall be deemed to be effective as of April 1, 2011.

N. MISCELLANEOUS

Any modification or change in this Agreement will be effective only if it is made in writing
and signed by both the Client and Attorney.

Failure of the Attorney to enforce any breach of this Agreement does not constitute a
waiver and enforcement can be done at a later time.

Client swears or affirms that she has read, understands and agrees to the contract and has
been given a copy of it.

_______________________ ________ ______________________ _______

Maria S. Cagandahan (Date) Atty. Gil Ray Ontal (Date)


IN WITNESS WHEREOF, Attorney, Client and Guarantor, if any, have executed this
Agreement at Quezon City, Philippines, on the 1st day of April 2011.

_______________________

Maricar G. Gimenez (Client)

_______________________

Atty. Kirstie Dawn F. Barrion (Attorney)

On this day, April 1, 2011, there personally appeared before me, a Notary Public, Ms.
Maricar G. Gimenez and Atty. Kirstie Dawn F. Barrion, personally known or proved to me
to be the persons whose names are subscribed to the above instrument, acknowledged to
me that they executed the said instrument.

____________________________

Notary Public

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