This case has been cited 4 times or more.
2014-08-13 |
LEONEN, J. |
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As we have stated in Philippine National Construction Corporation v. APAC Marketing Corporation:[62] | |||||
2014-08-13 |
LEONEN, J. |
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The general rule is that attorney's fees cannot be recovered as part of damages because of the policy that no premium should be placed on the right to litigate. They are not to be awarded every time a party wins a suit. The power of the court to award attorney's fees under Article 2208[63] demands factual, legal, and equitable justification. 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 no sufficient showing of bad faith could be reflected in a party's persistence in a case other than an erroneous conviction of the righteousness of his cause.[64] | |||||
2014-03-07 |
LEONEN, J. |
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In its ordinary sense, attorney's fees "represent the reasonable compensation [a client pays his or her lawyer] [for legal service rendered]."[156] In its extraordinary sense, attorney's fees "[are] awarded x x x as indemnity for damages [the losing party pays the prevailing party]."[157] | |||||
2014-03-07 |
LEONEN, J. |
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Even if a party is "compelled to litigate with third persons or to incur expenses to protect his [or her] rights,"[161] attorney's fees will not be awarded if no bad faith "could be reflected in a party's persistence in a case."[162] |