SYLLABI/SYNOPSIS THIRD DIVISION [G.R. No. 117422. May 12, 1999] NEOMENIA PETILLA PIMENTEL, petitioner, vs. COURT OF APPEALS and ZOSIMO B. NAMIT, respondents. DECISION GONZAGA-REYES, J.: This is a petition for review on certiorari under Rule 45 of the Rules of Court assailing the decision dated April 29, 1994 of respondent Court of Appeals in CA-G.R. CV. No. 33618 and its resolution dated September 28, 1994 denying petitioner Neomenia Petilla-Pimentels motion for reconsideration of said decision. The antecedent facts of the case are as follows: Sometime in December 1976, petitioner through her lawyer, Atty. Pedro O. Laurel, filed an application for the payment of benefits with the US Department of Labor, Honolulu, Hawaii, USA in connection with the death of her husband, Pedro Petilla, Jr., who was a former employee in Wake Island, USA under the employ of Facilities Management Corporation, USA. After the filing of the said application for payment and during its pendency, Atty. Laurel died and for failure of petitioner to respond to a pre-hearing statement requested by the US Department of Labor, the case was considered closed. Sometime in 1985, petitioner requested private respondent Zosimo Namit, husband of her first cousin, to help her in reviving and pursuing her claim for death benefits before the US Department of Labor. Private respondent Namit accepted petitioners request and initially wrote a letter addressed to the US Department of Labor regarding petitioners application for death benefits, and as a result, the case was reopened. Private respondent was required to submit a pre-hearing statement together with a special power of attorney from petitioner authorizing him (private respondent Namit) to appear in behalf of petitioner; private respondent submitted the requirements to the Labor Department. The Continental Insurance company manifested its objection to the reopening of the claim and filed its Answer. After the issues were joined, a hearing on the claim was conducted at the US Embassy in Manila and the deposition of a certain Dr. Consolacion Altez-Montes was submitted to the Labor Department. The US Department of Labor rendered a decision granting petitioner benefits in the amount of US$53,347.80. Thereafter, petitioner received the lump sum award as embodied in the decision and the subsequent monthly benefits in checks. Petitioner then paid private respondent the sum of US$2,500.00 as attorneys fees for the services he had rendered. Dissatisfied, private respondent demanded payment of the alleged balance of his attorneys fees but petitioner did not heed respondents demands. On November 16, 1988, private respondent filed with the Regional Trial Court of Pasay City a complaint for sum of money against petitioner to recover from the latter the alleged balance of his attorneys fees alleging among others that petitioner approached him and pleaded for his