This case has been cited 1 times or more.
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2007-02-16 |
CORONA, J. |
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| Article 2208(5) contemplates a situation where one refuses unjustifiably and in evident bad faith to satisfy another's plainly valid, just and demandable claim, compelling the latter needlessly to seek redress from the courts.[12] In such a case, the law allows recovery of money the plaintiff had to spend for a lawyer's assistance in suing the defendant expenses the plaintiff would not have incurred if not for the defendant's refusal to comply with the most basic rules of fair dealing. It does not mean, however, that the losing party should be made to pay attorney's fees merely because the court finds his legal position to be erroneous and upholds that of the other party, for that would be an intolerable transgression of the policy that no one should be penalized for exercising the right to have contending claims settled by a court of law.[13] In fact, even a clearly untenable defense does not justify an award of attorney's fees unless it amounts to gross and evident bad faith.[14] | |||||