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health. The PEME could not have divulged respondent's illness
considering that the examinations were not exploratory. (Emphases
supplied)
Hence, the fact that Delfin passed his PEME is of no moment in this case.
Based on the foregoing, the Court holds that the NLRC and the CA correctly disallowed
petitioners' claim for permanent disability benefits and sickness allowance.
Petitioner is neither entitled to
attorney 's fees and damages.
The claim for attorney's fees cannot, likewise, be allowed. The Court has consistently
held that attorney's fees cannot be recovered as part of damages based on the policy
that no premium should be placed on the right to litigate. Suffice it to say that the
authority of the court to award attorney's fees under Article 2208 of the Civil Code
requires factual, legal, and equitable grounds. They cannot be awarded absent a
showing of bad faith in a party's tenacity in pursuing his case even if his belief in his
stance is specious. Verily, being compelled to litigate with third persons or to incur
expenses to protect one's rights is not a sufficient reason for granting attorney's fees.
[45] As can be seen from our discussions above, petitioners were not able to prove that
respondents acted in bad faith in refusing to acknowledge their claims. This Court,
thus, deems it inappropriate to award attorney's fees.
As a final note, it must be mentioned that the Court respects and upholds the principle
of liberality in construing the POEA-SEC in favor of the seafarer. Nonetheless, it cannot
grant claims for compensation based on mere conjectures. Indeed, liberal construction
neither warrants the blithe disregard of the evidence on record nor the misapplication
of our laws.[46]
WHEREFORE, the Petition is hereby DENIED. The June 18, 2010 Decision and March
29, 2011 Resolution of the Court of Appeals in CA-G.R. SP No. 105930 are AFFIRMED.
SO ORDERED.
Carpio, (Chairperson), Brion, Mendoza, and leonen, JJ., concur.
[1] Rollo, pp. 29-57.
[2] CA rollo, pp. 271-284; penned by Associate Justice Rosmari D. Carandang and
concurred in by Associate Justices Ramon R. Garcia and Manuel M. Barrios.
[3] Id. at 42-48; penned by Presiding Commissioner Raul T. Aquino and concurred in by
Commissioner Angelita A. Gacutan.
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