9/15/21, 8:01 PM
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Period
From commencement until February 29, 2016
(already been received by the respondent)
March 2016 until December 31, 2016 (DKK
2860* 10)
Amount
DKK34,253
28,600
January 1, 2017 until December 31, 2037
[(DKK 2860*12)*20]
686,400
January 1, 2038 until June 9, 2038 {[DKK
2860*5]+ [(DKK 2860/30)*9]}
15,158
TOTAL
DKK764,411
On the other hand, the maximum disability compensation that can be awarded under
the POEA-SEC is USD60,000.00 which corresponds to permanent and total disability
benefits. Considering that this amount is significantly lesser than the amount already
awarded by the Danish Authorities,[48] the resolution of the issue of whether
respondent is entitled to the same is already moot. Otherwise stated, with the
offsetting provision under the CBA, whether the Court adjudge the respondent entitled
to total and permanent liability under the POEA-SEC, the result would be the same,
there is no additional obligation imposed upon petitioner. Necessarily, as the amount
awarded by the Danish Authorities in their decision is higher than the maximum
possible award under the POEA-SEC, there can be no resulting deficiency. Succinctly, no
practical relief can be granted by the Court in this case. It would therefore be
unnecessary to indulge in the academic discussion of respondent's entitlement to
benefits under the POEA-SEC, as a judgment thereon cannot have any practical legal
effect, or in the nature of things, cannot be enforced.[49]
On a final note, the Court delves on the propriety of the award of attorney's fees. There
is no basis for the award of attorney's fees in favor of the respondent since it cannot be
said that he was forced to litigate, was left without any recourse or was maliciously
withheld of payment of benefits. At the time he filed the instant complaint, his claim
before the Danish Authorities was still pending.[50] While he is not technically precluded
from seeking relief simultaneously from both fora, respondent's resort to this
jurisdiction is his personal decision and one not attributable to bad faith or malice on
the part of the petitioners.[51] Consequently, each party should bear its own costs of
suit.
WHEREFORE, in consideration of the foregoing disquisitions, the instant petition for
review on certiorari is GRANTED. The Decision of the Court of Appeals in CA-G.R. SP
No. 138700 dated July 13, 2016, and its Resolution dated January 11, 2017 are hereby
REVERSED and SET ASIDE. Accordingly, the Complaint dated June 24, 2013 is
hereby DISMISSED.
SO ORDERED.
Peralta, C.J., (Chairperson), Caguioa, Carandang, and Zalameda, JJ., concur.
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