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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
There are two concepts of attorney’s fees – ordinary and extraordinary. In the case of Francisco L. Rosario, Jr. vs. Lellani De Guzman, et al., the Supreme Court distinguished one from the other.
Attorney’s fees, in its ordinary sense, is the reasonable compensation paid to a lawyer by his client for legal services rendered. The basis of this compensation is the fact of his employment by and his agreement with the client.
On the other hand, in its extraordinary concept, it is awarded by the court to the successful litigant to be paid by the losing party as indemnity for damages. The instances where these may be awarded are those enumerated in Article 2208 of the Civil Code, to wit:
Article 2208. In the absence of stipulation, attorney’s fees and expenses of litigation, other than judicial costs, cannot be recovered, except:
(1) When exemplary damages are awarded;
(2) When the defendant’s act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest;
(3) In criminal cases of malicious prosecution against the plaintiff;
(4) In case of a clearly unfounded civil action or proceeding against the plaintiff;
(5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff’s plainly valid, just and demandable claim;
(6) In actions for legal support;
(7) In actions for the recovery of wages of household helpers, laborers and skilled workers;
(8) In actions for indemnity under workmen’s compensation and employer’s liability laws;
(9) In a separate civil action to recover civil liability arising from a crime;
(10) When at least double judicial costs are awarded;
(11) In any other case where the court deems it just and equitable that attorney’s fees and expenses of litigation should be recovered.”
Another example of attorney’s fees in its extraordinary concept is that provided under Article 111 of the Labor Code:
Art. 111. Attorney’s fees. – (a) In cases of unlawful withholding of wages, the culpable party may be assessed attorney’s fees equivalent to ten percent of the amount of wages recovered…
It is important to note that Article 111 is an exception to the declared policy of strict construction in the awarding of attorney’s fees. To merit the award of attorney’s fees under Article 111, there is no need to show that the employer acted maliciously or in bad faith when it withheld the wages. Instead, it is sufficient to show that lawful wages were not paid accordingly.
Related Articles:
- WHAT ARE EXEMPLARY OR CORRECTIVE DAMAGES? – ALBURO LAW
- WHAT ARE NOMINAL DAMAGES? – ALBURO LAW OFFICES
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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