Thursday, May 10, 2012

Attorney's fees; when awarded by way of damages - G.R. No. 175139

G.R. No. 175139

"x x x.



The award of attorney’s fees is warranted. 


            Under Article 2208 of the Civil Code, attorney’s fees may be recovered:


x x x x

(2)     When the defendant’s act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest;

x x x x

(11)          In any other case where the court deems it just and equitable that attorney’s fees and expenses of litigation should be recovered.

In all cases, the attorney’s fees and expenses of litigation must be reasonable.
Considering the circumstances of the instant case, we find respondent-spouses entitled to recover attorney’s fees.  There is no doubt that they were forced to litigate to protect their interest, i.e., to recover their money.  However, we find the amount ofP50,000.00 more appropriate in line with the policy enunciated in Article 2208 of the Civil Code that the award of attorney’s fees must always be reasonable.
 x x x."