such benefits is predicated on the continued enforceability of POEA-SEC
when he contracted his illness, which, needless to stress, was not the case.
Likewise legally correct is the deletion of the award of attorneys fees, the
NLRC having failed to explain petitioners entitlement thereto. As a matter
of sound policy, an award of attorneys fee remains the exception rather
than the rule. It must be stressed, as aptly observed by the appellate
court, that it is necessary for the trial court, the NLRC in this case, to make
express findings of facts and law that would bring the case within the
exception. In fine, the factual, legal or equitable justification for the award
must be set forth in the text of the decision.[26] The matter of attorneys
fees cannot be touched once and only in the fallo of the decision, else, the
award should be thrown out for being speculative and conjectural.[27] In
the absence of a stipulation, attorneys fees are ordinarily not recoverable;
otherwise a premium shall be placed on the right to litigate.[28] They are
not awarded every time a party wins a suit.
WHEREFORE, the petition is DENIED and the assailed Decision and
Resolution of the Court of Appeals AFFIRMED.
No pronouncement as to costs.
SO ORDERED.
CANCIO C. GARCIA
Associate Justice
WE CONCUR:
ARTEMIO V. PANGANIBAN
Associate Justice
Chairman