6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly With respect to the award for moral and exemplary damages, there is no showing of bad faith or malice on the part of private respondents when they relied on Dr. Alegre's assessment of petitioner Jaleco's disability in denying the latter's claim. Petitioner Jaleco's claim for actual damages was premised on his bare allegation that he was deprived of his sole source of livelihood as a consequence of his dismissal without due process, by private respondents in violation of the Labor Code and their failure and refusal to grant him the correct disability benefits. A party is entitled to adequate compensation only for such pecuniary loss actually suffered and duly proved. It is a basic rule that to recover actual damages, the amount of loss must not only be capable of proof but must actually be proven with a reasonable degree of certainty, premised upon competent proof or best evidence obtainable of the actual amount thereof. WHEREFORE, premises considered, the petition is GRANTED. The Decision dated November 30, 2010 and Resolution dated February 28, 2011 of public respondent NLRC, First Division in NLRC NCR Case No. OFW(M) 12-1708708 NLRC LAC No. OFW(M) 07-000539-10 are hereby REVERSED and SET ASIDE. Judgment is hereby rendered ordering private respondents, jointly and severally, to pay petitioner Jaleco US$60,000.00 as total permanent disability benefit and to pay him attorney's fees equivalent to ten percent (10%) of the total judgment award. SO ORDERED.[54] Petitioners filed a Motion for Reconsideration,[55] but the CA denied the same in its May 21,2012 Resolution. Hence, the present Petition. Issues Petitioners submit that - THE HONORABLE COURT OF APPEALS COMMITTED SERIOUS, REVERSIBLE AND GROSS ERROR IN LAW BASED ON THE FOLLOWING GROUNDS: A. In granting disability benefits based on the erroneous application of the case of Crystal Shipping v. Natividad (G.R. No. 154798, October 20, 2005) and equally erroneous interpretation of the case of Jesus Vergara v. Hammonia Maritime Services, Inc. (G.R. No. 172933, October 6, 2008) B. In awarding attorney 's fees without legal and factual basis.[56] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61305 14/25

Select target paragraph3