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  • Attys Fees and Exemplary Damages

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    Nyl Aner
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    The Supreme Court held that exemplary damages under Article 2229 of the Civil Code are imposed as a deterrent against serious wrongdoings and violations of rights. It also reiterated that attorney's fees can be awarded when exemplary damages are given or when deemed just and equitable under Article 2208. The PARAD correctly awarded exemplary damages and attorney's fees in this case which had been ongoing for a long time.

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    attys fees and exemplary damages

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    The Supreme Court held that exemplary damages under Article 2229 of the Civil Code are imposed as a deterrent against serious wrongdoings and violations of rights. It also reiterated that attorney's fees can be awarded when exemplary damages are given or when deemed just and equitable under Article 2208. The PARAD correctly awarded exemplary damages and attorney's fees in this case which had been ongoing for a long time.

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    71 views1 page

    Attys Fees and Exemplary Damages

    Uploaded by

    Nyl Aner
    The Supreme Court held that exemplary damages under Article 2229 of the Civil Code are imposed as a deterrent against serious wrongdoings and violations of rights. It also reiterated that attorney's fees can be awarded when exemplary damages are given or when deemed just and equitable under Article 2208. The PARAD correctly awarded exemplary damages and attorney's fees in this case which had been ongoing for a long time.

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    © All Rights Reserved
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    of 1

    In the case of Rosita B.

    Lim, on her behalf and on behalf of her (then) minor


    children namely, Jennifer, Lysander and Beverlie vs. Luis Tan et. al, G.R. No.
    177250, November 28, 2016, the Supreme Court held that:

    “Under Article 2229 of the Civil Code, exemplary damages are imposed by way of
    example or correction for the public good. The purpose of exemplary damages is to
    serve as a deterrent to serious wrong doings and as a vindication of undue
    sufferings and wanton invasion of the rights of an injured or a punishment for those
    guilty of outrageous conduct.”

    In addition, the Supreme Court reiterated that Article 2208 of the Civil Code
    enumerates the legal grounds which justify or warrant the grant of attorney's fees
    and expenses of litigation, namely: (a) when exemplary damages are awarded; and
    (b) in any other case where the court deems it just and equitable that attorney's
    fees and expenses of litigation should be recovered.

    PARAD correctly awarded exemplary damages and attorney’s fees in this case,
    since this case has been hauled on for too long.

    It is only proper that this Honorable Board award the attorney's fees and litigation
    expenses, bearing in mind the legal extent of the work undertaken as well as the
    length of time that had elapsed to prosecute this case.

    This case qualifies for the reasons why attorney's fees are awarded.

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