claim for attorneys fees must also fail.

The award of
attorneys fees is the exception rather than the rule and
counsels fees are not to be awarded every time a party
wins a suit. Its award pursuant to article 2208 of the Civil
Code demands factual, legal and equitable justification
and
53
cannot be left to speculation and conjecture. Under the
circumstances prevailing in the instant case, there is no
factual or legal basis for an award of attorneys fees.
WHEREFORE, the assailed decision of public
respondent and its resolution dated February 22, 1989 are
REVERSED. We uphold petitioner R & B Insurances
assertion of ownership over the property in dispute, as
evidenced by TCT No. 41985, subject to the usufructuary
rights of Justa Kausapin, which encumbrance has been
properly annotated upon the said certificate of title. No
pronouncement as to costs.
SO ORDERED.
Panganiban and Purisima, JJ., concur.
Melo (Actg. C.J.), Please see dissenting opinion.
_______________
50

Arcelona vs. Court of Appeals, 280 SCRA 20 (1997).

51

Rules of Court, Rule 3, sec. 9.

52

Civil Code, art. 2229.

53

Morales vs. CA, 274 SCRA 282 (1997).

376

376

SUPREME COURT REPORTS ANNOTATED

Hemedes vs. Court of Appeals
Vitug, J., Please see separate (concurring) opinion.

SEPARATE (CONCURRING) OPINION

VITUG, J.:
I share the opinion expressed by my esteemed colleague,
Mme. Justice Minerva P.Gonzaga-Reyes, in her ponencia.
I just would like to add that a donation would not be
legally feasible if the donor has neither ownership nor real