8/26/2020 E-Library - Information At Your Fingertips: Printer Friendly As to the award of exemplary damages, the New Civil Code provides that, "exemplary or corrective damages are imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages."[28] To discourage other employers who may be emboldened to follow the example of petitioners in trying to evade liability, the award of exemplary damages amounting to fifty thousand pesos (P50,000.00) is proper. Lastly, as to the attorney's fees, the Supreme Court provides that, "The Court also holds that [respondent] is entitled to attorney's fees in the concept of damages and expenses of litigation. Attorney's fees are recoverable when the defendant's act or omission has compelled the plaintiff to incur expenses to protect his interest."[29] Moreover, under Article 2208 of the New Civil Code, attorney's fees may be recovered in actions for indemnity under workmen's compensation and employer's liability laws. Hence, the award of attorney's fees ten percent (10%) of the aggregate monetary awards is warranted. WHEREFORE, the instant petition is DENIED. The Decision dated August 25, 2011 and Resolution dated October 19, 2011 of the Court of Appeals in CA-G.R. SP No. 113608 is AFFIRMED WITH MODIFICATION. Petitioners Jebsen Maritime, Inc. and Van Oord Ship Management B.V. are ORDERED to pay respondent P309,156.93 as reimbursement for medical expenses, aside from the other awards granted by the National Labor Relations Commission in its Decision dated October 22, 2009 and Resolution dated February 26, 2010. SO ORDERED. Bersamin, C.J., (Chairperson), Del Castillo, and Gesmundo, JJ., concur. Jardeleza, J., on official leave. * On official leave. [1] Rollo, pp. 39-70. [2] Penned by Associate Justice Fernanda Lampas Peralta, with Associate Justices Priscilla J. Baltazar-Padilla and Agnes Reyes-Carpio, concurring; id. at 18-35. [3] Id. at 37. [4] Id. at 109. [5] Id. at 110. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65354 6/8

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