This case has been cited 2 times or more.
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2011-06-29 |
CARPIO, J. |
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| As a final point, we agree with the Court of Appeals that the award of attorney's fees by the RTC must be deleted for lack of basis. The RTC failed to justify the award of P50,000 attorney's fees to respondent spouses Baylon. The award of attorney's fees must have some factual, legal and equitable bases and cannot be left to speculations and conjectures.[25] Consistent with prevailing jurisprudence,[26] attorney's fees as part of damages are awarded only in the instances enumerated in Article 2208 of the Civil Code.[27] Thus, the award of attorney's fees is the exception rather than the rule. Attorney's fees are not awarded every time a party prevails in a suit because of the policy that no premium should be placed on the right to litigate.[28] | |||||
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2009-09-25 |
NACHURA, J. |
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| KCSI failed to prove that it exercised the necessary diligence incumbent upon it to rebut the legal presumption of its negligence in supervising Sevillejo.[44] Consequently, it is responsible for the damages caused by the negligent act of its employee, and its liability is primary and solidary. All that is needed is proof that the employee has, by his negligence, caused damage to another in order to make the employer responsible for the tortuous act of the former.[45] From the foregoing disquisition, there is ample proof of the employee's negligence. | |||||