Wednesday, January 31, 2024

Award of attorney's fees denied

"As regards attorney's fees, the Court of Appeals correctly held that none may be awarded to petitioner:


Consequently, the award of attorney's fees must also be deleted. Notably, it was not appellee alone who incurred costs to protect her interest. Appellant, too, spent for legal costs to finally settle the issue pertaining to the validity of his marriage with appellee. In the absence of malice and bad faith, the mental anguish suffered by a person for having been made a party in a civil case is not the kind of anxiety which would warrant the award of moral damages. Appellee's emotional suffering and anxiety are only such as are usually caused to a party hauled into [court] as a party in litigation, but is insufficient justification for the award of moral or exemplary damages.69"


THIRD DIVISION

[ G.R. No. 207324. September 30, 2020 ]

MARY ELIZABETH MERCADO, PETITIONER, VS. RENE V. ONGPIN, RESPONDENT.

https://lawphil.net/judjuris/juri2020/sep2020/gr_207324_2020.html