G.R. No. 201812 - THELMA B. SIAN REPRESENTED BY ROMUALDO A. SIAN, VS. SPOUSES CAESAR A. SOMOSO AND ANITA B. SOMOSO, THE FORMER BEING SUBSTITUTED BY HIS SURVIVING SON, ANTHONY VOLTAIRE B. SOMOSO, MACARIO M. DE GUZMAN, JR., IN HIS CAPACITY AS SHERIFF III OF THE REGIONAL TRIAL COURT OF PANABO, DAVAO, B

Ruling

Accordingly, since respondents are not entitled to moral damages, neither can they be awarded with exemplary damages, so with attorney's fees and the cost of litigation. The rule in our jurisdiction is that exemplary damages are awarded in addition to moral damages. [25] In the case of Mahinay v. Velasquez, Jr. , [26] the Court pronounced: If the court has no proof or evidence upon which the claim for moral damages could be based, such indemnity could not be outrightly awarded. The same holds true with respect to the award of exemplary damages where it must be shown that the party acted in a wanton, oppressive or malevolent manner. Furthermore, this specie of damages is allowed only in addition to moral damages such that no exemplary damages can be awarded unless the claimant first establishes his clear right to moral damages. [27] The award of attorney's fees should be deleted as well. 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. [28] WHEREFORE , premises considered, the instant petition is PARTLY GRANTED . The Decision dated September 30, 2011 and the Resolution dated April 24, 2012 of the Court of Appeals in CA-G.R. CV No. 00812-MIN as to the award of damages are hereby REVERSED and SET ASIDE . SO ORDERED.