G.R. No. L-12736 July 31, 1961
Lessons Applicable: Definition and Concept of Damages (Torts and Damages)
Lessons Applicable: Definition and Concept of Damages (Torts and Damages)
Laws Applicable: Art. 2208, Article 2219 of the civil code (old laws)
FACTS:
- Angel C. Twaño and Gregorio T. Castro for the recovery of P35,000 plus interest against F. L. Lazatin, et al. for their purchase from the U.S. government of 225 auto-trucks.
- CFI: dismissed the complaint as well as intervention
- CA: reversed - Twaño and Castro are co-owners in the business of buying and selling surplus auto-trucks, and ordered the Lazatin to pay P10K so it was levied on his properties and was subsequently sold at the public auction where Twaño and Castro were the purchasers
- Before the expiration of the redemption period, Lazatin deposited the redemption price
- Lazatin filed to recover from Twaño and Castro the balance of P19,676.09 representing the proceeds of auto-trucks sold directly to the purchasers by Twaño and Castro and secured a writ of attachment alleging that no security whatsoever for the payment claimed in the complaint and that they are removing or are about to remove or dispose of their property with intent to defraud their creditors and that the sheriff refused to deliver the amount deposited
- Lower court granted the Urgent Motion to Dissolve the Writ of Preliminary Attachment and dissolved the writ
- May 9, 1953: Lazatin died
- March 10, 1954: Gil Gotiangco was appointed and qualified as administrator of plaintiff's estate
- RTC: Lazatin and Central Surety and Insurance Co. solidarily liable to pay P3,000 for attorney's fees, P500 for moral damages, 6% interest and costs.
- CA: affirmed
ISSUE: W/N Lazatin is liable for the damages
HELD: YES. Affirmed with modification: elimination of moral damages
- Article 2197 mentions the kind of damages recoverable, among which are (1) actual or compensatory and
- (2) moral Article 2219 provides that moral damages may be recovered in the following and analogous cases . . .
- malice is an essential ingredient
- (3) malicious prosecution
- There is an abundance of case holding that the action to recover damages from the attachment plaintiff, for the wrongful issuance and levy of an attachment (malicious attachment) is identical or is analogous to the ordinary action for malicious prosecution
- court did not make any finding that the said petition was maliciously sued out therefore not entitled to moral damages
- In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be covered, except: . . .
(4) In case of a clearly unfounded civil action or proceeding against the plaintiff.
(11) In any other case where the court deems it just and equitable that attorney's fees and expenses of litigation should be recovered." (Art. 2208, Civil Code).
- without cause, the good and honest motive, which should be presumed, when a litigant goes to court for the determination of his alleged right
- considering the fact that defendants-appellant lees were drawn into this litigation by plaintiff-appellant and were compelled to hire an attorney to protect and defend them, and taking into account the work done by said attorney, as reflected in the record, throughout the proceedings, we deem it just and equitable to award at attorney's fees for defendants-appellees
