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Mindex Resources Development vs. Ephraim Morillo

MINDEX RESOURCES DEVELOPMENT, petitioner, vs. EPHRAIM MORILLO, respondent.

G.R. No. 138123 | 2002-03-12

D E C I S I O N

PANGANIBAN, J.:

Attorney's fees cannot be granted simply because one was compelled to sue to protect and enforce one's right. The grant must be proven by facts; it cannot depend on mere speculation or conjecture -- its basis must be stated in the text of the decision.

The Case

Before us is a Petition for Review under Rule 45 of the Rules of Court, assailing the March 26, 1999 Decision[1] of the Court of Appeals (CA) in CA-GR CV No. 46967. The dispositive portion of the challenged Decision reads as follows:

"WHEREFORE, the appealed decision is AFFIRMED with MODIFICATION that the legal interest to be paid on the rentals...