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Considering that petitioner was forced to litigate and incur expenses to protect his right
and interest, petitioner is entitled to a reasonable amount of attorney's fees, pursuant
to Article 2208(8).[28] The Court notes, however, that respondents have not shown to
act in gross and evident bad faith in refusing to satisfy petitioner's demands, and even
offered to pay him disability benefits, although in a reduced amount. Thus, the Court
finds the award of attorney's fees in the amount of $1,000 as reasonable.[29]
WHEREFORE, premises considered, the petition is GRANTED. The June 10, 2015
Decision and February 10, 2016 Resolution of the Court of Appeals in CA-G.R. SP No.
138268 are REVERSED and SET ASIDE. Respondents are ordered to jointly and
severally pay petitioner Reynaldo Y. Sunit the amount of $150,000 or its equivalent
amount in Philippine currency at the time of payment, representing total and
permanent disability benefits, plus $1,000, or its equivalent in Philippine currency, as
attorney's fees.
SO ORDERED.
Bersamin, Jardeleza, and Caguioa,** JJ., concur.
Reyes, J., on leave.
March 8, 2017
NOTICE OF JUDGMENT
Sirs /Mesdames:
Please take notice that on February 27, 2017 a Decision, copy attached hereto, was
rendered by the Supreme Court in the above-entitled case, the original of which was
received by this Office on March 8, 2017 at 2:25 p.m.
Very truly yours,
(SGD.) WILFREDO V. LAPITAN
Division Clerk of Court
** Designated as Fifth Member of the Third Division per Special Order No. 2417 dated
January 4, 2017.
[1] Rollo, pp. 15-25. Penned by Associate Justice Hakim S. Abdulwahid and concurred in
by Associate Justices Priscilla J. Baltazar-Padilla and Agnes Reyes-Carpio.
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