This case has been cited 3 times or more.
2009-05-21 |
CARPIO, J. |
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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. |
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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] |