68-Heirs-of-Timoteo-Moreno-vs-Mactan-—-Cebu-International-Airport-Authority

Enchuan on his allegation that he acquired through

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Unformatted text preview: the amount to be returned by petitioners is determined with finality, unless the parties herein stipulate and agree upon a different scheme, medium or schedule of payment. If after the period of three hundred sixty five (365) days or the lapse of the compromise scheme or schedule of payment such amount owed is not settled, the right of repurchase of petitioners and the obligation of respondent MCIAA to reconvey Lots Nos. 916 and 920 and/or the latter’s improvements as set forth herein shall be deemed forfeited and the ownership of those parcels of land shall vest absolutely upon respondent MCIAA. Finally, we delete the award of P60,000.00 for attorney’s fees and P15,000.00 for litigation expenses in favor of petitioners as decreed in the assailed Decision of 12 April 1999 of the trial court. It is not sound public policy to set a premium upon the right to litigate where such right is exercised in good faith, as in the present case, albeit the decision to resist the claim is erroneous.46 The rule on awards of attorney’s fees and litigation expenses is found in Art. 2208 of the Civil Code - In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be recovered, except: (1) When exemplary damages are awarded; (2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interests; (3) In criminal cases of malicious prosecution against the plaintiff; (4) In case of a clearly unfounded civil action or proceeding against the plaintiff; (5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's valid and demandable claim;1awphi1.nét (6) In actions for legal support; (7) In actions for the recovery of wages of household helpers, laborers and skilled workers; (8) In actions for indemnity under workmen's compensation and employer's liability laws; (9) In a separate civil action to recover civil liability arising from a crime; (10) When at least double judicial costs are awarded; (11) In any other case where the court deems it just and equitable that attorney's fees and expenses of litigation should be recovered. In all cases, the attorney's fees and expenses of litigation must be reasonable. As noted in Mirasol v. De la Cruz,47 Art. 2208 intends to retain the award of attorney’s fees as the exception in our law and the general rule remains that attorney’s fees are not recoverable in the absence of a stipulation thereto. In the case at bar, consi...
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This note was uploaded on 07/12/2013 for the course LAW 101 taught by Professor Tan during the Winter '11 term at University of the Philippines Diliman.

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