Mauelo Velayo Case Study

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In re guardianship of the minors Pablo Rivera et al.
MARIANO VELAYO, petitioner-appellant, vs. CLARO PATRICIO, opponent-appellant.

The petitioner-appellant in his own behalf.
Mendoza and Clemeña and Ramon V. Villaflor for opponent-appellant.


On December 29, 1922, one Josefa Patricio employed Mariano Velayo to represent her as a lawyer in an action to be brought against her father Claro Patricio for the recovery of her inheritance from her mother Cecilia which inheritance was under the administration and control of Claro Patricio. The employment of Velayo was evidenced by a written contract which provided for the payment to him of a fee of 50 per cent of the value of the property which might be recovered in the proposed action.

The action, civil case No. 23528 of the Court of First Instance of Manila, was brought on January 6, 1923 and prosecuted in the name of Josefa Patricio, but on July 5, 1924, while the action was still pending, she died and a few days later Velayo filed a motion in the case asking that Josefa 's children, Pablo, Gerundia, Carmen and Rosa Rivera and Rosario Patricio, all minors, be substituted as plaintiffs. The motion was granted on July 14, 1924, and a guardian ad litem appointed.

The case was not decided by the Court of First Instance until February 28, 1925, when judgment was rendered in favor of the minors for the sum of P12,868.47, with legal interest from the date of the filing of the complaint. Upon appeal to this court the
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