Pantranco North Express, Inc. vs.

Court of Appeals
GR No. 105810
July 5, 1993

FACTS:
After the death of Mamenta, Vice-Mayor Tandoc and Mamentas heirs filed a complaint for damages
against PNEI due to a vehicular accident that occurred in MacArthur Highway which killed one of the
drivers of the two buses and the son-in-law of Vice-Mayor Tandoc, Mamenta, while causing injuries to
Vice-Mayor Tandoc and his occupant, and to several passengers of the two buses. During the pendency
of the case, Vice-Mayor Tandoc was substituted by his heirs due to his death. The Trial Court rendered a
decision holding PNEI liable, and such decision was affirmed by the Court of Appeals with modification
on the Trial Courts judgement by reducing the awards for the value of the car, funeral and other related
expenses. Still dissatisfied, PNEI made a Petition for Review on Certiorari which states that the Court of
Appeals gravely abused its discretion by upholding the awards.

ISSUE:
Was there a grave abuse of discretion in upholding one of the awards which is attorneys fee?

DECISION:
Yes, there was a grave abuse of discretion in upholding one of the awards which is attorneys fee because
it was stated in the last paragraph of Article 2208 that, In all cases, the attorneys fee and expenses of
litigation must be reasonable. The award of P80,000.00 as attorneys fee in the first cause of action and
none in the second cause of action breaches the parameters of reasonableness. It should be reduced to
P25,000.00. Moreover, the recovery of the attorneys fee is warranted by justice and equity.