Heirs of Aniban vs NLRC : 116354
http://sc.judiciary.gov.ph/jurisprudence/1997/dec1997/116354.htm
However the amount of P50,000.00 claimed as attorney's fees in this case is the reasonable
compensation based on the records and not the maximum 10% of the total award as granted by
POEA. The reduction of unreasonable attorney's fees is within our regulatory powers. [19]
WHEREFORE, the assailed Decision and Resolution of the National Labor Relations
Commission are REVERSED and SET ASIDE.
The Decision of the Philippine Overseas Employment Administration dated 10 January 1994
ordering respondents Philippine Transmarine Carriers, Inc., Norwegian Ship Management A/S,
and Pioneer Insurance and Surety Corporation jointly and severally to pay the heirs of the late
R/O Reynaldo Aniban represented by his widow Brigida P. Aniban the following amounts in
Philippine currency at the prevailing rate of exchange at the time of payment: (a) US$13,000.00
for death benefits in accordance with POEA Standard Employment Contract; (b) US$30,000.00
death benefits under the Collective Bargaining Agreement; (c) US$24,000.00 additional
compensation for the three (3) children under 18 years of age at US$8,000.00 each; and, (d)
US$6,700.00 for attorney's fees, is REINSTATED and ADOPTED herein, with the
MODIFICATION that the award of US$6,700.00 or its equivalent in Philippine currency for
attorney's fees is reduced to P50,000.00, with costs against private respondents.
SO ORDERED.
Davide, Jr. (Chairman), Vitug, and Kapunan, JJ., concur.
[1] Rollo, pp. 8-14.
[2] Id., pp. 49-54.
[3] Id., p. 23.
[4] Id., p. 55.
[5] Original Records, p. 124.
[6] POEA Case No. (M) 92-11-1658.
[7] The beneficiaries prayed only for P50,000.00 for attorney's fees.
[8] See Note 1.
[9] E.O. No. 797 is entitled "Reorganizing the Ministry of Labor and Employment, Creating the Philippine Overseas
Employment Administration, and For Other Purposes," issued on 1 May 1982.
[10] E.O. No. 247 is entitled "Reorganizing the Philippine Overseas Employment Administration and for Other
Purposes," issued on 24 July 1987.
[11] RA No. 8042, otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995," approved 7 June
1995, conferred upon the Labor Arbiters of the NLRC original and exclusive jurisdiction over money claims of
Filipino workers for overseas deployment. However, it is not a curative statute as to affect jurisdiction over cases
filed prior to its effectivity (See Erectors, Inc. v. NLRC, G.R. No. 104215, 8 May 1996, 256 SCRA 629).
[12] Original Records, p. 51.
[13] Molave Tours Corporation v. NLRC, G.R. No. 112909, 24 November 1995, 250 SCRA 325, 331; Philippine
National Construction Corporation (PNOC) v. NLRC, G.R. No. 112629, 7 July 1995, 245 SCRA 668, 675; Capitol
Industrial Construction Groups v. NLRC, G. R. No. 105359, 22 April 1993, 221 SCRA 469, 475; San Miguel
Corporation v. Javate, Jr., G.R. No. 54244, 27 January 1992, 205 SCRA 469, 475.
[14] Tibulan v. Inciong, No. L-48576, 11 August 1989, 176 SCRA 316; San Valentin v. Employees' Compensation
Commission, G. R. No. 56909, 2 November 1982, 118 SCRA 160; Cortes v. Employees' Compensation
Commission, No. L-47503, 30 October 1978, 86 SCRA 140; Sepulveda v. Employees' Compensation Commission,
No. L-46290, 25 August 1978, 84 SCRA 770.
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