BACHRACH V. GOLINGCO
39 PHIL 139
FACTS:
Bachrach sold a truck to Golingco, which was secured by a promissory note and a chattel mortgage on the truck. The promissory note provided that there would be payment of 25% attorney’s fees.
HELD:
It may lawfully be stipulated in favor of the creditor that in the event that it becomes necessary, by reason of the delinquency of the debtor, to employ counsel to enforce payment of the obligation, a reasonable attorney’s fee shall be paid by the debtor, in addition to amount due of principal and
interest. The legality of this stipulation, when annexed to the negotiable instrument, is recognized by the NIL.
The courts have the power to limit the amount recoverable under a special provision in a promissory note, whereby the debtor obligates himself to pay a specified amount, or a certain per centum of the principal debt, in satisfaction of attorney’s fees for which the creditor would become liable in suing upon the note.
*Normally, if there is absence of any agreement as to attorney’s fees, then the court would only grant nominal amounts.