4/14/2021
E-Library - Information At Your Fingertips: Printer Friendly
confidential medical report dated November 3, 2015, the CA erred in awarding partial
and permanent disability only. Accordingly, petitioner is entitled to 100% disability
compensation or in the total amount of US$89,100.00 as provided under the CBA.
With respect to the issue of attorney's fees, Article 2208[59] of the New Civil Code
provides that the same is granted in actions for indemnity under the workmen's
compensation and employer's liability laws. It is also recoverable when the employer's
act or omission has compelled the employee to incur expenses to protect his or her
interest, as in this case. Case law further states that "[w]here an employee is forced to
litigate and incur expenses to protect his right and interest, he is entitled to an award
of attorney's fees equivalent to [ten percent] (10%) of the award."[60] Considering that
petitioner was clearly compelled to litigate to enforce what was rightfully due him under
the CBA, the award of ten percent (10%) attorney's fees by the PVA was proper, and as
such, must be reinstated.[61] Finally, in line with prevailing jurisprudence, all monetary
awards due petitioner shall earn legal interest at the rate of six percent (6%) per
annum from finality of this Decision until fully paid.[62]
WHEREFORE, the petition is GRANTED. The Decision dated August 24, 2018 and the
Resolution dated February 8, 2019 of the Court of Appeals in CA-G.R. SP No. 153637
are hereby AFFIRMED with MODIFICATION, entitling petitioner Jolly D. Teodoro to
full disability benefits in the amount of US$89,100.00 at the prevailing rate of exchange
at the time of payment, as well as attorney's fees equivalent to ten percent (10%) of
the total monetary award. Finally, all monetary awards shall earn legal interest at the
rate of six percent (6%) per annum from finality of this Decision until full payment.
SO ORDERED.
A. Reyes, Jr., Carandang,* Inting, and Delos Santos, JJ., concur.
* Designated Additional Member per Raffle dated February 3, 2020.
[1] Rollo, pp. 14-27.
[2] Id. at 29-41. Penned by Associate Justice Gabriel T. Robeniol with Associate Justices
Ricardo R. Rosario and Ramon Paul L. Hernando (now a member of this Court),
concurring.
[3] Id. at 44-45. Penned by Associate Justice Gabriel T. Robeniol with Associate Justices
Ricardo R. Rosario and Carmelita Salandanan Manahan, concurring.
[4] Id. at 195-205. Signed by Chairperson MVA Jesus S. Silo and Panel Member MVA
Gregorio C. Biares, Jr., with Panel Member MVA Gregorio B. Sialsa dissenting.
[5] CA rollo, p. 96.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66115
8/12