This case has been cited 2 times or more.
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2011-02-09 |
PEREZ, J. |
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| For lack of sufficient showing of bad faith on the part of Barretto, we find that the CA, finally, erred in granting Oceaneering's claim for attorney's fees, albeit in the much reduced sum of P30,000.00. In the absence of stipulation, after all, the rule is settled that there can be no recovery of attorney's fees and expenses of litigation other than judicial costs except in the instances enumerated under Article 2208 of the Civil Code.[66] Being the exception rather than the rule,[67] attorney's fees are not awarded every time a party prevails in a suit,[68] in view of the policy that no premium should be placed on the right to litigate.[69] Even when a claimant is compelled to litigate with third persons or to incur expenses to protect his rights, still attorney's fees may not be awarded where, as here, no sufficient showing of bad faith can be reflected in the party's persistence in a case other than an erroneous conviction of the righteousness of his cause.[70] | |||||
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2009-12-14 |
DEL CASTILLO, J. |
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| Considering the conflicting findings of the RTC and the CA, a circumstance that constitutes an exception[18] to the general rule that only questions of law are proper subjects of a petition under Rule 45, we shall assess and weigh the evidence adduced by the parties and shall resolve the questions of fact raised by petitioners. | |||||