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the
motion
for
a separate action
2 Kinds of Attorney's fees
1. item of damages provided for under
Article 2208 of the Civil Code wherein
the award is made in favor of the
litigant, not of his counsel, and the
litigant, not his counsel, is the
judgment creditor who may enforce
the judgment for attorney's fees by
execution
2. claims are based on the contract for
professional
services,
with
the
attorney as the creditors and the
clients as the debtors
It is further observed that the
supposed
contract
alleged
by
petitioners as the basis for their fees
provides that the recovery of the
amounts claimed is subject to certain
contingencies
We are of the considered view that the
orderly
administration
of
justice
dictates that such issue be likewise
determined by the court a quo
inasmuch as it also necessarily
involves the same contingencies in
determining
the
propriety
and
assessing the extent of recovery of
attorney's fees by both petitioners
herein. The court below will be in a
better position, after the entire case
shall have been adjudicated