G.R. No. L-5312
ENRIQUE MENDIOLA, plaintiff-appellee, vs. SIMEON A. VILLA, defendant-appellant.
February 2, 1910

FACTS:
In a contested election case, the prevailing party, Enrique Mendiola, presented a bill of costs which included a P600 item for attorney’s fees. The unsuccessful party, Simeon A. Villa, objected to this and other items, arguing they were not properly taxable or were excessive. The Court of First Instance allowed all the disputed items, including the P600 attorney’s fee. Simeon A. Villa appealed this order, challenging the legality of the allowed items, specifically the attorney’s fee.

ISSUE:
Whether attorney’s fees are included in the terms “expenses and costs” recoverable by the successful party in a contested election case under Section 27 of the Election Law ( Act No. 1582 ) and Section 492 of the Code of Civil Procedure.

RULING:
No. The Supreme Court ruled that attorney’s fees are not included in the terms “expenses and costs” recoverable by the successful party.

The Court held that:
1. The word “expenses” as used in the Election Law has the same signification as “disbursements” and does not include fees of attorneys.
2. Section 492 of the Code of Civil Procedure, which regulates the amount of costs allowed in Courts of First Instance, does not permit attorney’s fees to be included as costs.

Therefore, the item of P600 for attorney’s fees, not being included in either “costs” or “expenses” as defined by the statutes, must be disallowed. The judgment of the court below was modified by striking the P600 item from the bill of costs, and as so amended, affirmed.