GR L 5619; (March, 1911) (Digest)

G.R. No. L-5619, March 11, 1911
ENGRACIO ORENSE, plaintiff-appellee, vs. CIRILIO JAUCIAN, defendant-appellant.

FACTS

On April 20, 1902, defendant-appellant Cirilio Jaucian ratified a sale of a house and parcel of land to plaintiff-appellee Engracio Orence, warranting the title and agreeing to protect Orence’s possession. The sale was originally made tentatively on October 6, 1898. Orence was later dispossessed of part of the land due to a final judgment in an action filed against him by Mariano Perfecto. Jaucian was notified of that action and urged Orence to defend it, and even prosecuted an appeal from the trial court’s judgment. Orence then sued Jaucian for damages arising from the breach of warranty of title.

ISSUE

Whether the trial court correctly computed the damages awarded to Orence, specifically regarding: (1) the value of the lost portion of land; (2) reimbursement for stenographer and interpreter fees; (3) travel expenses; and (4) attorney’s fees.

RULING

The Supreme Court AFFIRMED the trial court’s judgment with modifications, reducing the total award from P2,042.42 to P1,182.42.

1. Value of Lost Land: The trial court’s valuation of P650 for the portion of land lost was upheld. Both Jaucian’s testimony (P700) and Orence’s witness (P600) supported this finding, and no contradictory evidence was presented.

2. Stenographer and Interpreter Fees (P325): The award was upheld. Although Jaucian argued these expenses were not recoverable under Article 1478 of the Civil Code, the Court found that Jaucian had specifically requested the translation and transcription of the record and promised to reimburse Orence, thereby creating a separate obligation.

3. Travel Expenses (P70): Disallowed. Under Section 492 of the Code of Civil Procedure, the prevailing party in a Court of First Instance action is only entitled to P20 for attendance of himself and his lawyer, with no provision for travel expenses. Since bad faith in the sale was not proven, these could not be recovered as damages under Article 1478.

4. Attorney’s Fees (P850): Reduced to P60. The Code of Civil Procedure strictly limits recoverable attorney’s fees as costs to P20 in the Court of First Instance (Section 492) and P40 in the Supreme Court (Section 494). The trial court’s award of P850 exceeded these statutory limits.

Thus, the modified judgment of P1,182.42 (P650 + P325 + P60 + other undisputed amounts) was affirmed. No costs were awarded for the appeal.