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[ G.R. No. 111148. January 13, 1999]

ENRIQUE A. SOBREPENA, JR. vs. CA, et al.

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 13, 1999.

G.R. No. 111148 (Enrique A. Sobrepena, Jr. vs. Court of Appeals and Pacific Memorial Plan, Inc.)

For resolution is a motion seeking reconsideration of the Decision promulgated in this case on October 10, 1997, affirming with modification the judgment of the Court of Appeals, dated February 24, 1993. The Decision sought to be reconsidered deleted the award for exemplary damages but upheld the award of P50,000.00 for attorneys fees and cost of suit.

Movant contends that since the award of exemplary damages was deleted the award of attorney's fees and the expenses of litigation should also be deleted.

The contention of movant is untenable. Attorney's fees and expenses of litigation may be awarded even in the absence of an award for exemplary damages. The pertinent provision of Art 2208 of the New Civil Code of the Philippines reads:

"Art. 2208. In the absence of stipulation, attorneys fees and expenses of litigation, other than judicial cost, cannot be recovered, except:

x x x

(11) In any other case where the court deems it just and equitable that attorney's fees and expenses of litigation should be recovered."

(Emphasis supplied)

After a careful study, with due regard to the attendant facts and circumstances of the case, we are of the ineluctable finding and conclusion that the awards for attorney's fees and expenses of litigation in favor of Pacific Memorial Plans, Inc. accord with law.

IN VIEW OF THE FOREGOING, the motion for reconsideration under consideration is hereby DENIED for lack of merit.

SO ORDERED.

Very truly yours,

(Sgd.) JULIETA Y. CARREON

Clerk of Court

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