FIRST DIVISION
[G.R. No. 238085. July 11, 2018.]
PHILIPPINE CHARITY SWEEPSTAKES OFFICE, petitioner,vs. CONRADO YUZON AND BF GENERAL INSURANCE CO., INC., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJuly 11, 2018which reads as follows: HTcADC
"G.R. No. 238085 (Philippine Charity Sweepstakes Office v. Conrado Yuzon and BF General Insurance Co., Inc.). — The motion for extension to file petition for review dated April 4, 2018 is GRANTED. Nonetheless, after review, we resolve to AFFIRM with MODIFICATION the Decision of the Court of Appeals (CA).
Petitioner raises arguments that are factual in nature and which require a review of the evidence presented. Generally, factual issues are not proper subjects of the Court's power of judicial review since it is not a trier of facts and it is not its function to examine, review, or evaluate the evidence all over again. We see no cogent reason to depart from this general rule, especially since the factual findings of the trial court were affirmed by the CA.
We, however, delete the award of attorney's fees. The general rule is that attorney's fees cannot be recovered as part of damages because of the policy that no premium should be placed on the right to litigate. They are not to be awarded every time a party wins a suit. The power of the court to award attorney's fees under Article 2208 demands factual, legal, and equitable justification. Even when a claimant is compelled to litigate with third persons or to incur expenses to protect his rights, still, attorney's fees may not be awarded where no sufficient showing of bad faith could be reflected in a party's persistence in a case other than an erroneous conviction of the righteousness of his cause. 1
Here, we find that the only discernible reason proffered by the trial court and the CA in granting the award was that respondent was compelled to hire a counsel to defend himself against the complaint filed by petitioner. We find this reason inadequate to consider the present case as one that falls within the exception provided under Article 2208 of the Civil Code. 2 Absent a compelling legal reason for its grant, we hold that the award of attorney's fees was improper and must be deleted.
WHEREFORE, the petition is DENIED. The Decision dated March 8, 2018 of the Court of Appeals in CA-G.R. CV No. 103562 is AFFIRMED with the MODIFICATION that the award of attorney's fees is deleted. aScITE
SO ORDERED." Leonardo-de Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1.Timado v. Rural Bank of San Jose, Inc., G.R. No. 201436, July 11, 2016, 796 SCRA 185, 192.
2. See Philippine National Construction Corporation v. APAC Marketing Corporation, G.R. No. 190957, June 5, 2013, 697 SCRA 441, 451.