[ G. R. No. 5619, March 11, 1911 ]
ENGRACIO ORENSE, PLAINTIFF AND APPELLEE, VS. CIRILO JAUCIAN, DEFENDANT AND APPELLANT.
D E C I S I O N
MORELAND, J.:
This is an appeal from a judgment of the Court of First Instance of the Province of Albay, Hon, Grant T. Trent presiding, in favor of the plaintiff and against the defendant for the sum of P2,042.42, and costs.
On or about the 20th day of April, 1902, the appellant, by a written instrument, duly executed, ratified the sale to the plaintiff of a certain house and parcel of land which had been tentatively made on the 6th day of October, 1898. By said writing the vendor warranted the title to said premises and agreed to protect the purchaser in his possession. Later the plaintiff was dispossessed of a part of said land by virtue of a final judgment in an action prosecuted against him by Mariano Perfecto. The appellant in this case was duly notified of the pendency of said action and, while he did not intervene as a suitor, he urged the plaintiff in this case to defend the action and prosecute an appeal from the judgment rendered by the trial court.
On this appeal the appellant presents the following assignment of errors:
These are the only modifications which are required by the facts of record.
With the modification that the judgment against the appellant is the sum of P1,182.42 instead of P2,042.42, the judgment appealed from is affirmed, without special finding as to costs of appeal.
Arellano, C. J., Torres, Mapa, and Carson, JJ., concur.
On or about the 20th day of April, 1902, the appellant, by a written instrument, duly executed, ratified the sale to the plaintiff of a certain house and parcel of land which had been tentatively made on the 6th day of October, 1898. By said writing the vendor warranted the title to said premises and agreed to protect the purchaser in his possession. Later the plaintiff was dispossessed of a part of said land by virtue of a final judgment in an action prosecuted against him by Mariano Perfecto. The appellant in this case was duly notified of the pendency of said action and, while he did not intervene as a suitor, he urged the plaintiff in this case to defend the action and prosecute an appeal from the judgment rendered by the trial court.
On this appeal the appellant presents the following assignment of errors:
- The court erred in fixing P650 as the value of that portion of the land lost by the plaintiff.
- The court erred in assessing as damages against the appellant the sum of P325, fees of stenographers and an interpreter who served on the trial by interpreting and transcribing the record of the action in which was entered the judgment
depriving plaintiff in this case of a portion of his land.
- The court erred in including in its judgment the sum of P70, being expenses of travel, etc., incurred by the plaintiff in the action which caused the Joss of his land.
"SEC. 492. Costs in Courts of First Instance. - In an action pending in a Court of First Instance, the prevailing party may recover the following costs, and no others:From these provisions it is clear that the prevailing party is entitled to only ¥*20 for the attendance of himself and lawyer. No provision is made for expenses of travel or other expenses of that nature. Bad faith in making the sale to the plaintiff not having been shown, these expenses can not be allowed as damages under paragraph 5 of article 1478 aforesaid. The contention of the appellant should, therefore, be allowed, at least to the extent of P50. But inasmuch as we shall later allow the other P20 as lawyer's fees, we now disallow the said sum of P70 included by the learned trial court in the judgment appealed from.
"For the complaint or answer, eight pesos.
"For his own attendance, and that of his lawyer, down to and including final judgment, twenty pesos.
"For each witness necessarily produced by him, for each day's necessary attendance of such witness at the trial, one peso, and his lawful traveling fees.
"For each deposition lawfully taken by him, and produced in evidence, five pesos.
"For original documents, deeds, or papers of any kind produced by him, nothing.
"For official copies of such documents, deeds, or papers, the lawful fees necessarily paid for obtaining such copies.
"The lawful fees paid by him for the service of any process in the action, and all lawful clerk's fees paid by him."
- The court erred in including in the judgment the sum of P850 as lawyer's fees in the said action in which plaintiff lost said part of his property.
"SEC. 489. Lawyer's fees as costs. - No lawyer's fees shall be taxed as costs against the adverse party, except as herein specially provided. But this section shall have no relation to the fees to be charged by a lawyer as against his client."Section 494 reads in part:
"Sec. 494. Costs in Supreme Court. - In an action pending in the Supreme Court, the prevailing party may recover the following costs, and no others:This court has repeatedly held that the word "costs," as used in the law, includes no lawyer's fees except those fees specifically prescribed therein. Therefore, the only sums to which the plaintiff is entitled as lawyer's fees are P20 in the Court of First Instance and P40 on appeal. It follows that the learned trial court should have included in his judgment the sum of P60 as lawyer's fees instead of P850.
"For his own attendance, and that of his lawyers, down to and including final judgment, forty pesos."
These are the only modifications which are required by the facts of record.
With the modification that the judgment against the appellant is the sum of P1,182.42 instead of P2,042.42, the judgment appealed from is affirmed, without special finding as to costs of appeal.
Arellano, C. J., Torres, Mapa, and Carson, JJ., concur.