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could not even name the German chief engineer and the German officers who he said
maltreated him.
Respondent did not even mention the dates of the alleged
maltreatment.[21]
Neither did we find any justification in the Labor Arbiter’s Decision[22] why respondent
is entitled to the higher amount of US$125,000. Said award was only stated in the
dispositive portion[23] of the Labor Arbiter’s Decision. How the Labor Arbiter awarded
US$125,000 as disability benefits to respondent was not at all discussed. Needless to
stress, the NLRC Rules of Procedure, past and present, require what must be contained
in a Labor Arbiter’s Decision: facts of the case; issue/s involved; applicable law or
rules; conclusions and the reasons therefor; and specific remedy or relief granted. It
behooves the Labor Arbiter to comply with the NLRC’s own Rules of Procedure.
On the issue of attorney’s fees, we have held that where an employee is forced to
litigate and incur expenses to protect his right and interest, as in this case, he is
entitled to an award of attorney’s fees equivalent to 10% of the award.[24]
respondent is also entitled to US$6,000 as attorney’s fees.
Thus,
Petitioners’ claim of good faith is also unconvincing. Petitioners repeatedly deal with
seafarers and enter into employment contracts with them. They are therefore aware of
the contract they entered into with respondent and have a record of this one-page
contract where they agreed to comply with the 1996 POEA-SEC. For them to cite the
provision on concealment of the 2000 POEA-SEC in rejecting respondent’s claim for
disability benefits thus negates good faith on their part.
WHEREFORE, the petition is PARTLY GRANTED. The Decision dated July 8, 2010
and Resolution dated December 22, 2010 of the Court of Appeals in CA-G.R. SP. No.
94745 are AFFIRMED with the MODIFICATION that petitioners C.F. Sharp Crew
Management, Inc. and Reederei Claus Peter Offen are jointly and severally to pay
respondent Clemente M. Perez’s permanent disability benefits in the amount of
US$60,000 at the prevailing rate of exchange at the time of payment, plus 6% interest
reckoned from the time of its finality until fully paid. In addition, they shall also pay
attorney’s fees amounting to 10% of the total award.
No pronouncement as to costs.
SO ORDERED.
Velasco, Jr., (Chairperson), Bersamin,* Reyes, and Jardeleza, JJ., concur.
February 17, 2015
N O T I C E OF J U D G M E N T
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