Case Summary (G.R. No. L-49995)
Procedural History
Damasen's pursuit of damages led to the filing of Civil Case No. 464 after Quimang's conviction. The trial court, however, dismissed Damasen's claims, ordering her to pay Quimang for actual damages and attorney's fees, with no appeal taken by either party. Subsequent to the dismissal, a motion for execution was granted in 1974 over Damasen's objection, which culminated in a final denial of her certiorari petition in 1975. In 1978, further motions and orders culminated in the assessment of costs by the court, which became the subject of the current petition.
Challenged Orders
In the order dated January 9, 1979, Judge Hernando modified the bill of costs submitted by Quimang, approving certain expenses while denying others. Damasen contested the taxation of attorney's fees and other charges, asserting that the judge overstepped jurisdictional boundaries and misapplied relevant laws regarding taxation of costs.
Legal Framework
The primary laws governing the case are found in Rule 142 of the Rules of Court, which regulates costs in civil actions, along with pertinent provisions of the Civil Code, specifically Article 2208. These legal provisions outline the conditions under which attorney’s fees may or may not be claimed as costs and provide a framework for determining recoverable judicial costs.
Judicial Analysis
In analyzing the claims, the court emphasized that costs should be strictly defined and allowed only in accordance with statutory provisions. Under Section 6 of Rule 142, attorney’s fees are not ordinarily taxable as costs by a prevailing party, unless specifically allowed by law or stipulation.
Misinterpretation of Legal Provisions
The court determined that Judge Hernando's approval of attorney’s fees as part of costs was erroneous because, although exemplary damages were awarded, the judgment did not explicitly provide for the taxa
...continue readingCase Syllabus (G.R. No. L-49995)
Case Overview
- This case is a Petition for Certiorari with Preliminary Injunction filed by Segundina M. Damasen against Judge Harold M. Hernando and Cecilia Quimang.
- The case seeks to annul the Order dated January 9, 1979, which allowed a modified Bill of Costs submitted by Cecilia Quimang in relation to Civil Case No. 464 for Damages.
Background Facts
- On October 10, 1961, an Information was filed against Cecilia Quimang for Grave Oral Defamation (Criminal Case No. 170) by Segundina Damasen.
- Quimang was convicted of Slight Oral Defamation on September 27, 1966, and subsequently appealed this conviction.
- Since the trial court's judgment did not award damages to Damasen, she filed an independent civil action for damages (Civil Case No. 464) on November 3, 1966.
- The Court of Appeals later acquitted Quimang in the Criminal Case.
- On August 27, 1970, Judge Juan Aquino dismissed the Damages Suit, ordering Damasen to pay Quimang actual damages and moral and exemplary damages, totaling P2,000.00, plus costs.
- Neither party appealed this decision.
- On August 8, 1974, Quimang's motion for execution of the judgment was granted, leading to further proceedings, including a Certiorari petition by Damasen that was dismissed.
- On November 7, 1978, execution was granted anew in the Damages Suit, along with the approval of a Bill of Costs submitted by Quimang.
Details of the Bill of Costs
- The Bill of Costs