employment by and his agreement with the client. In its extraordinary concept,
attorney’s fees are deemed indemnity for damages ordered by the court to be paid
by the losing party in a litigation. The instances where these may be awarded are
those enumerated in Article 2208 of the Civil Code, specifically par. 7 thereof
which pertains to actions for recovery of wages, and is payable not to the lawyer
but to the client, unless they have agreed that the award shall pertain to the lawyer
as additionalcompensation or as part thereof. The extraordinary concept of
attorney’s fees is the one contemplated in Article 111 of the Labor Code, which
provides:
Art. 111. Attorney’s fees. – (a) In cases of unlawful
withholding of wages, the culpable party may be assessed
attorney’s fees equivalent to ten percent of the amount of
wages recovered x x x
The afore-quoted Article 111 is an exception to the declared policy of
strict construction in the awarding of attorney’s fees. Although an
express finding of facts and law is still necessary to prove the merit of the
award, there need not be any showing that the employer acted maliciously or
in bad faith when it withheld the wages. There need only be a showing that
the lawful wages were not paid accordingly, as in this case.
In carrying out and interpreting the Labor Code's provisions and its
implementing regulations, the employee’s welfare should be the primordial and
paramount consideration. This kind of interpretation gives meaning and substance
to the liberal and compassionate spirit of the law as provided in Article 4 of the
Labor Code which states that “[a]ll doubts in the implementation and
interpretation of the provisions of [the Labor] Code including its implementing
rules and regulations, shall be resolved in favor of labor”, and Article 1702 of the
Civil Code which provides that “[i]n case of doubt, all labor legislation and all
labor contracts shall be construed in favor of the safety and decent living for the
laborer.”[33] (Emphasis supplied)
In the present case, it is true that the Labor Arbiter and the NLRC failed to state the
reasons why attorney’s fees are being awarded. However, it is clear that private
respondent was illegally terminated from his employment and that his wages and
other benefits were withheld from him without any valid and legal basis. As a
consequence, he is compelled to file an action for the recovery of his lawful wages
and other benefits and, in the process, incurred expenses. On these bases, the
Court finds that he is entitled to attorney’s fees.
WHEREFORE, the petition is PARTLY GRANTED. The Court of
Appeals’ Decision dated December 18, 2001 and Resolution dated April 10,