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operation of law, permanently disabled to work as a seafarer.
Lastly, considering that the petitioner was forced to litigate to protect his right and
interest, he is entitled to a reasonable amount of attorney's fees pursuant to Article
2208(8) of the Civil Code.[53] However, this Court notes that petitioner failed to prove
that the respondents acted in gross and evident bad faith in refusing to satisfy his
demands. Records show that the respondents offered to pay the petitioner disability
benefits corresponding to a Grade 10 disability which is obviously way below the
amount for permanent/total disability. Thus, this Court finds the award of attorney's
fees in the amount of US$1,000 as reasonable.[54]
WHEREFORE, the petition is GRANTED. The Decision dated June 10, 2015 and
Resolution dated January 14, 2016 of the Court of Appeals in CA-G.R. SP No. 136759
are REVERSED and SET ASIDE.
The Respondents are ordered to jointly and severally pay petitioner Jherome G. Abundo
the amount of US$60,000 or its equivalent amount in Philippine currency at the time of
payment, representing total and permanent disability benefits, plus US$1,000, or its
equivalent in Philippine currency, as attorney's fees.
SO ORDERED.
Perlas-Bernabe, Senior Associate Justice, (Chairperson), A. Reyes, Jr., and Zalameda,**
JJ., concur.
Hernando, J., on leave.
* "RONO" in some parts of the rollo.
** Designated additional member per Special Order No. 2724 dated October 25, 2019.
[1] Rollo, pp. 28-80.
[2] Id. at 9-22; penned by Associate Justice Marlene Gonzales-Sison with Associate
Justices Remedios A. Salazar-Fernando and Ramon A. Cruz, concurring.
[3] Id. at 24-25.
[4] Id. at 152-165; penned by Commissioner Isabel G. Panganiban-Ortiguerra with
Presiding Commissioner Joseph Gerard E. Mabilog and Commissioner Nieves E. VivarDe Castro, concurring.
[5] Id. at 29.
[6] Id. at 153.
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