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CITIBANK v. SPS. LUIS AND CARMELITA CABAMONGAN AND THEIR SONS LUIS CABAMONGAN

This case has been cited 3 times or more.

2008-06-25
TINGA, J,
We have repeatedly emphasized that the banking industry is impressed with public interest. Of paramount importance thereto is the trust and confidence of the public in general. Accordingly, the highest degree of diligence is expected, and high standards of integrity and performance are required of it. By the nature of its functions, a bank is under obligation to treat the accounts of its depositors with meticulous care, always having in mind the fiduciary nature of its relationship with them.[8] The fiduciary nature of banking, previously imposed by case law, is now enshrined in Republic Act No. 8791 or the General Banking Law of 2000. Section 2 thereof specifically says that the state recognizes the fiduciary nature of banking that requires high standards of integrity and performance.[9]
2007-12-19
CHICO-NAZARIO, J.
In all cases, it must be reasonable, just and equitable if the same is to be granted. It is necessary for the court to make findings of fact and law to justify the grant of such award. The matter of attorney's fees must be clearly explained and justified by the trial court in the body of its decision.[29]
2007-04-03
AUSTRIA-MARTINEZ, J.
Article 2208[41] of the New Civil Code enumerates the instances where such may be awarded and, in all cases, it must be reasonable, just and equitable if the same were to be granted.[42] Attorney's fees as part of damages are not meant to enrich the winning party at the expense of the losing litigant. They 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.[43] The award of attorney's fees is the exception rather than the general rule. As such, it is necessary for the trial court to make findings of facts and law that would bring the case within the exception and justify the grant of such award. The matter of attorney's fees cannot be mentioned only in the dispositive portion of the decision.[44] They must be clearly explained and justified by the trial court in the body of its decision. On appeal, the CA is precluded from supplementing the bases for awarding attorney's fees when the trial court failed to discuss in its Decision the reasons for awarding the same. Consequently, the award of attorney's fees should be deleted.