4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly attorney’s fees is justifiable under Article 111 of the Labor Code; Section 8, Rule VIII, Book III of its Implementing Rules; and paragraph 7, Article 2208 of the Civil Code. The award of attorney’s fees is proper, and 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.’ In PCL Shipping, we found the award of attorney’s fees due and appropriate since the respondent therein incurred legal expenses after he was forced to file an action for recovery of his lawful wages and other benefits to protect his rights. From this perspective and the above precedents, we conclude that the CA erred in ruling that a finding of the employer’s malice or bad faith in withholding wages must precede an award of attorney’s fees under Article 111 of the Labor Code. To reiterate, a plain showing that the lawful wages were not paid without justification is sufficient.[30] In this case, it is already settled that petitioner’s employment was illegally terminated. As a result, his wages as well as allowances were withheld without valid and legal basis. Otherwise stated, he was not paid his lawful wages without any valid justification. Consequently, he was impelled to litigate to protect his interests. Thus, pursuant to the above ruling, he is entitled to receive attorney’s fees. An award of attorney’s fees in petitioner’s favor is in order in the amount of US$3,280 (or US$32,800 x 10%). WHEREFORE, the Petition is GRANTED. Petitioner Lorenzo T. Tangga-an is hereby declared ENTITLED to back salaries for the unexpired portion of his contract, inclusive of vacation leave pay and tonnage bonus which is equivalent to US$32,800 plus US$3,280 as attorney’s fees or a total of US$36,080 or its peso equivalent at the exchange rate prevailing at the time of payment. SO ORDERED. Carpio, (Chairperson), Brion, Villarama, Jr.**, and Perlas-Bernabe, JJ., concur. * Also spelled as Tanga-an in some parts of the records. ** Per Special Order No. 1426 dated March 8, 2013. [1] Rollo, pp. 9-44. [2] CA rollo, pp. 187-197; penned by Associate Justice Marlene Gonzales-Sison and concurred in by Associate Justices Arsenio J. Magpale and Antonio L. Villamor. [3] Id. at 223-224; penned by Associate Justice Antonio L. Villamor and concurred in by Associate Justices Stephen C. Cruz and Amy C. Lazaro-Javier. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55699 10/12