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ESTATE OF DECEASED MR. v. PRISCILIO CAMAGANACAN

This case has been cited 3 times or more.

2009-05-21
CARPIO, J.
As regards the trial court's grant of attorney's fees to BA-Finance, the Court of Appeals found that there was no sufficient justification therefor; hence, the deletion of the award is proper.  An award of attorney's fees  necessitates a factual, legal, or equitable justification.  Without such justification, the award is a conclusion without a premise, its basis being improperly left to speculation and conjecture.[25]
2006-02-09
CORONA, J.
The award of attorney's fees is the exception, not the general rule. It is not sound public policy to place a penalty on the right to litigate; nor should attorney's fees be awarded every time a party wins a lawsuit.[24] It is necessary for the court to make express findings of facts and law that would bring the case within the exception and justify the grant of such award.[25]