Short answer. Yes. Criminal cases of malicious prosecution against the plaintiff are a specific ground under the Civil Code for the recovery of attorney's fees and litigation expenses, even without a prior agreement. If the prosecution was malicious and you were the target, you may seek recovery.
What the law says
In criminal cases of malicious prosecution against the plaintiff
Civil Code, Article 2208 — When Attorney's Fees Are Recoverable. Read the full provision →
Attorney's fees are not automatic in malicious prosecution
Even when a criminal case against you is dismissed, recovering your attorney's fees is not guaranteed. Article 2208 of the Civil Code lists specific grounds for recovery, and one of them is criminal cases of malicious prosecution against the plaintiff. The key word is malicious. The fact that a case was dismissed — even dismissed for lack of merit — is not by itself enough to award fees. The prosecution must have been brought maliciously, meaning there was no probable cause for it, or it was initiated for an improper purpose such as harassment or spite.
What malicious prosecution requires
A claim for malicious prosecution typically involves proving several elements: that a criminal case was filed against you, that it ended in your favour, that the filing was without probable cause, and that the person who filed it was motivated by malice or an improper purpose. The prosecution does not have to be framed as a civil action for malicious prosecution to entitle you to attorney's fees in a related civil proceeding — Article 2208 explicitly covers the criminal case itself as a context for fee recovery. But you will need to establish the malicious character of the filing, not merely that the case failed.
Recovery is through a civil action
Attorney's fees for malicious prosecution are typically sought in a separate civil case for damages against the person who caused the baseless prosecution. In that civil proceeding, you would claim not only the costs of your defence in the criminal case but also other damages — moral damages for the anxiety and humiliation you suffered, possibly exemplary damages if the conduct warrants them. The civil case establishes both the malice and the resulting harm; the attorney's fees you incurred defending the criminal charge are part of the harm you suffered.
Documentation matters
To support a claim for attorney's fees in this context, documentation is essential. Keep all records of what you paid counsel during the criminal case: retainer agreements, official receipts, billing statements, or any written acknowledgment of fees paid. If the amounts were substantial or the case was prolonged, a detailed breakdown of the legal services rendered strengthens your claim considerably. Courts require that attorney's fees be reasonable, and they will assess the amount against the actual complexity and duration of the defence you were required to mount.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Philippine National Construction Corporation vs. Apac Marketing Corporation, represented by Cesar M. Ong, Jr, G.R. No. 190957, June 5, 2013 — read the decision on LawPhil →
- Atty. Melita Go and Wayne Go vs. Saint Jude Catholic School Manila, Inc. et al, G.R. No. 257761, April 22, 2025 — read the decision on LawPhil →
- Sps. Bernabe Mercade, Jr., et al. vs. Sps. Jesus Bardillas and Letecia Gabuya Bardillas, G.R. No. 163157, June 27, 2016 — read the decision on LawPhil →
- CCC Insurance Corporation vs. Kawasaki Steel Corporation, et al, G.R. No. 156162, June 22, 2015 — read the decision on LawPhil →