Private and Confidential: Rowell B. Malabag Law and Notarial Office

ROWELL B.
MALABAG
LAW AND NOTARIAL OFFICE
PRIVATE AND CONFIDENTIAL
15 March, 2023
Ms. Melba Mondigo Caricungan

Barangay Upa,Mataasnakahoy, Batangas
Re: Engagement Proposal for Declaration of

Nullity of Marriage under Article 36, Family
Code of the Philippines
Dear Ms. Caricungan,
We confirm our willingness to render legal service to handle your declaration of nullity of
marriage case against your husband, under the following terms and conditions:
1. Scope of Services - All legal services contemplated by law in connection with

your desire to have your legal marriage with your husband, M R . W I L B E R T
M E T R I L L O A V E N I D O , declared void and annulled in contemplation of Article
36 of the Family Law, with its corresponding implications.
The legal services contemplated by this Engagement Agreement (the "Agreement")

are the following: (i) the preparation of pleadings and court appearances for presentation of
evidence and/or oral arguments before the appropriate Family Court until promulgation
of judgment therein or termination thereof, (ii) attendance at negotiations and other
meetings, and (iii) all other legal services in connection with the foregoing. An appeal,
however, of a judgment to, or the filing of a separate action with a higher court, should
one be filed, shall be the subject of a separate agreement.
2. Lawyers In Charge- The undersigned, Atty. Rowell B. Malabag, will be the

lawyer primarily in charge to work on your case. Other lawyers will be tasked to assist as
the need arises.
3. Professional Fees - Based on our consideration of the limited information
provided us, and assuming that there are no further developments or information
which would cause us to vary our preliminary opinion and that nothing out of the
ordinary is encountered in the course of completing this matter, our service shall be
provided in consideration of the following:
A. An acceptance fee of ONE HUNDRED FIFTY THOUSAND

PESOS upon signing hereof by way of acceptance fee, deemed earned upon
signing hereof, inclusive of fees for legal research, preparation of the petition
or any other appropriate pleading, handling of discovery proceedings,
gathering of evidence, and overall preparation for the court proceeding.
B. Variable Stage Billing after the presentation of the following
witnesses namely:
a. Petitioner;
b. Psychiatrist or psychologist who shall testify on the finding
of psychological incapacity of either of the parties under Article 36 of
the Family Code;
• In cases for declaration of nullity of marriage, either
party needs to present an expert witness (psychiatrist) to
help the court determine the root of the psychological
incapacity. This is subject to an additional expense for the
report submitted and psychiatrist's or psychologist's
testimony in court.
c. Witness of petitioner who shall testify on the courtship,
marriage, separation, and current relationship of the parties;
d. Collaborating witness, if needed.
C. FIFTY THOUSAND PESOS (P 50,000.00) after termination of
petitioner's evidence;
D. FIFTY THOUSAND PESOS (P 50,000.00) after submission of
the Petitioner's Memorandum;
E. FIFTY THOUSAND PESOS (P 50,000.00) upon issuance by the
court of its Decision in the case;
F. An appearance fee of FIVE THOUSAND PESOS (P 5,000.00)
for every court hearing/meeting attended with or for the petitioner's case.
G. We reserve the right to charge you additional fees pursuant to 5.
below depending on the developments or the results obtained in relation to
the legal services to be provided.
H. Other documentary needs for Ms. Caricungan’s financial welfare
and for her children's educational, medical, financial needs shall be billed
separately.
4. Deposit for Out-of-Pocket Expenses - All out-of-pocket expenses that

may be incurred in connection with the subject matter hereof such as transportation,
photocopying, representation and all other incidental expenses shall be charged to
your account and billed monthly. To facilitate payment for such expenses, we require
a deposit of TWENTY THOUSAND PESOS (P20,000.00) payable upon signing
hereof together with the acceptance fee, which deposit shall be replenished by you
upon presentation of the monthly billing. No expense in excess of FIVE
THOUSAND PESOS (P 5,000.00) shall be incurred without your prior approval.
5. Responsibility Premium: We reserve the right to assess you a

responsibility premium as the circumstances subsequently developing may warrant.
The extent of the responsibility premium, which we will charge, in addition to our
fixed rate, will is determined by such factors as difficulty of work, the urgency with
which the matter must be attended to, the importance and complexity of the subject
matter, the benefits to you, the results obtained, and other relevant factors. The
responsibility premium will be subject to negotiation and confirmation at the
appropriate time.
6. Conflict of Interest: The rules of legal ethics prohibit acceptance of

engagements involving the prosecution or defense of interest's adversary to those of
another client, without the consent of the latter, where there has been previous
representation of such client in respect of the same set of facts or events. In certain
instances, the interest may not be readily discernible at the time a specific
engagement from a client is accepted; accordingly, the right to withdraw from this
agreement should such conflict of interest develop or become apparent is reserved.
7. Responsibilities of the Client: To help us represent your interests

effectively, you agree as follows:
(i) At our request, to provide and help us obtain all information that is
necessary for the purpose of the engagement as well as to inform us
about any new developments or information on the matter of this
engagement such as new factual developments, notices received or
other similar developments;
(ii) To make yourself available for any meetings, interviews or other

events that we may require, if so requested and to
immediately inform us when you change your residence or your job,

telephone number, or other electronic means of communication, or
such other circumstances that would otherwise make it difficult for us
to communicate with you;
(iii) To carefully consider our advice before making any major decisions;
(iv) To respond to our communications and settle our bills as soon as

reasonably possible
8. Responsibilities: Our Firm will perform the legal services called for under
this letter-agreement, keep you informed of the progress and developments of the
case, respond promptly to your inquiries and communications, and otherwise
perform all our obligations and responsibilities under this letter-agreement promptly
and in good faith.
9. Termination: This engagement agreement shall be subject to termination
by either party upon fifteen (15) days prior written notice, without prejudice to
any accrued and outstanding professional fees and out-of-pocket expenses owing to
us.
Should you find the foregoing terms acceptable, kindly signify your
conformity on the space provided for below, return a duly signed copy of this
letter to the undersigned together with the acceptance fee, and deposit for
expenses. Upon receipt of such copy with your conformity, this letter shall
constitute the agreement between us with regard to the above referenced.
Thank you.
Very truly yours,
ATTY. ROWELL B. MALABAG, JD
CONFORME:
MS. MELBA MONDIGO CARICUNGAN

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ROWELL B.

PRIVATE AND CONFIDENTIAL

Ms. Melba Mondigo Caricungan

Re: Engagement Proposal for Declaration of

Dear Ms. Caricungan,

1. Scope of Services - All legal services contemplated by law in connection with

The legal services contemplated by this Engagement Agreement (the "Agreement")

2. Lawyers In Charge- The undersigned, Atty. Rowell B. Malabag, will be the

A. An acceptance fee of ONE HUNDRED FIFTY THOUSAND

4. Deposit for Out-of-Pocket Expenses - All out-of-pocket expenses that

5. Responsibility Premium: We reserve the right to assess you a

6. Conflict of Interest: The rules of legal ethics prohibit acceptance of

7. Responsibilities of the Client: To help us represent your interests

(ii) To make yourself available for any meetings, interviews or other

immediately inform us when you change your residence or your job,

(iv) To respond to our communications and settle our bills as soon as

Very truly yours,

ATTY. ROWELL B. MALABAG, JD

MS. MELBA MONDIGO CARICUNGAN

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