No, if the trial court fails to justify and clearly explain the basis for the award of attorney's fees in its decision, then the same should be deleted.
This was ruling in Ledda v. BPI, G.R. No. 200868, 21 November 2012, where the Supreme Court deleted the award of attorney's fees in favor of BPI since the trial court failed to explain its basis, to wit -
“Settled
is the rule that the trial court must state the factual, legal or
equitable justification for the award of attorney's fees. The matter
of attorney's fees cannot be stated only in the dispositive portion
of the decision. The body of the court's decision must state the
reasons for the award of attorney's fees. In Frias v. San
Diego-Sison, the Court held:
'Article 2208 of the New Civil Code
enumerates the instances where such may be awarded and, in all cases,
it must be reasonable, just and equitable if the same were to be
granted. Attorney's fees as part of damages are not meant to enrich
the winning party at the expense of the losing litigant. They are not
awarded every time a party prevails in a suit because of the policy
that no premium should be placed on the right to litigate. The award
of attorney's fees is the exception rather than the general rule. As
such, it is necessary for the trial court to make findings of facts
and law that would bring the case within the exception and justify
the grant of such award. The matter of attorney's fees cannot be
mentioned only in the dispositive portion of the decision. They must
be clearly explained and justified by the trial court in the body of
its decision. On appeal, the CA is precluded from supplementing the
bases for awarding attorney's fees when the trial court failed to
discuss in its Decision the reasons for awarding the same.
Consequently, the award of attorney's fees should be deleted.'
In
this case, the trial court failed to state in the body of its
decision the factual or legal reasons for the award of attorney's
fees in favor of BPI. Therefore, the same must be deleted.”
(Emphasis and underscoring supplied)
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