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PRESIDENT OF CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS v. BTL CONSTRUCTION CORPORATION

This case has been cited 1 times or more.

2015-04-20
DEL CASTILLO, J.
The claim for attorney's fees cannot, likewise, be allowed. The Court has consistently held that attorney's fees cannot be recovered as part of damages based on the policy that no premium should be placed on the right to litigate. Suffice it to say that the authority of the court to award attorney's fees under Article 2208 of the Civil Code requires factual, legal, and equitable grounds. They cannot be awarded absent a showing of bad faith in a party's tenacity in pursuing his case even if his belief in his stance is specious. Verily, being compelled to litigate with third persons or to incur expenses to protect one's rights is not a sufficient reason for granting attorney's fees.[45] As can be seen from our discussions above, petitioners were not able to prove that respondents acted in bad faith in refusing to acknowledge their claims. This Court, thus, deems it inappropriate to award attorney's fees.