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	GR No. 160286 2004-07-30	SPS. FRANCISCO M. HERNANDEZ AND ANICETA ABEL-HERNANDEZ AND JUAN GONZALES v. SPS. LORENZO DOLOR AND MARGARITA DOLOR YNARES-SANTIAGO, J.
It is well settled that attorney's fees should not be awarded in the absence of stipulation except under the instances enumerated in Article 2208 of the Civil Code. As we have held in Rizal Surety and Insurance Company v. Court of Appeals:[23] Article 2208 of the Civil Code allows attorney's fees to be awarded by a court when its claimant is compelled to litigate with third persons or to incur expenses to protect his interest by reason of an unjustified act or omission of the party from whom it is sought. While judicial discretion is here extant, an award thereof demands, nevertheless, a factual, legal or equitable justification. The matter cannot and should not be left to speculation and conjecture (Mirasol vs. De la Cruz, 84 SCRA 337; Stronghold Insurance Company, Inc. vs. Court of Appeals, 173 SCRA 619).