4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly POEA-SEC, Section 20(B)(6) thereof provides, to wit: 6. In case of permanent total or partial disability of the seafarer caused by either injury or illness the seafarer shall be compensated in accordance with the schedule of benefits enumerated in Section 32 of this Contract. Computation of his benefits arising from an illness or disease shall be governed by the rates and the rules of compensation applicable at the time the illness or disease was contracted. Section 32, on the other hand, states that a disability allowance of US$60,000.00 (US$50,000.00 x 120%) is granted for an impediment considered as total and permanent, such as that adjudged to have befallen the petitioner. Anent sickness benefits, the Court finds that the respondents have already satisfied the same based on Section 20(B)(3) of the POEA-SEC. Under the said provision, upon signoff from the vessel for medical treatment, the seafarer is entitled to sickness allowance equivalent to his basic wage until he is declared fit to work or the degree of permanent disability has been assessed by the company-designated physician but in no case shall this period exceed one hundred twenty (120) days. The receipts on record establish payment of the petitioner’s sickness allowance from September 14, 2008 to January 12, 2009 or for a period of 120 days.[44] Damages and Attorney’s Fees The CA correctly denied an award of moral and exemplary damages. The respondents were not negligent in affording the petitioner with medical treatment neither did they forsake him during his period of disability. However, the Court finds that the petitioner is entitled to attorney’s fees pursuant to Article 2208(8) of the Civil Code[45] which states that the award of attorney’s fees is justified in actions for indemnity under workmen’s compensation and employer’s liability laws.[46] WHEREFORE, foregoing considered, the petition is PARTLY GRANTED. The Decision dated May 26, 2011 and Resolution dated December 29, 2011 of the Court of Appeals (CA) in CA-G.R. SP No. 116631 are hereby AFFIRMED with the MODIFICATION that respondents United Philippines Lines, Inc. and Belships Management (Singapore) Pte Ltd. are jointly and severally liable to pay petitioner Camilo Esguerra’s permanent disability benefits in the amount of US$60,000.00 at the prevailing rate of exchange at the time of payment, plus legal interest reckoned from the time it was due. In addition, they shall also pay attorney’s fees amounting to ten percent (10%) of the total award. The dismissal of the claims for moral and exemplary damages STANDS. SO ORDERED. Sereno, C.J., (Chairperson), Leonardo-De Castro Bersamin, and Villarama, Jr., JJ., concur. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56076 8/11