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Adhamain that purchased petitioner's airplane ticket.[26] The LA ordered respondents
to reimburse petitioner the unpaid airfare of SR1,100.00 for failure of respondents to
present any evidence proving their claim.[27] On appeal, the NLRC affirmed the LA's
findings because of petitioner's attachment of his ticket receipt showing petitioner's
payment of the airplane ticket. The NLRC also noted that respondents "opted not to
comment on the [petitioner's] plane ticket."[28] However, the CA reversed such findings
because petitioner's only evidence was an e-ticket absent any indication of how much
was paid.[29]
This Court is more inclined to believe that petitioner was able to substantiate his claim
of paying SR3,100.00 for his airplane ticket. Aside from the fact that respondents kept
silent on the matter in their appeal before the NLRC, the NLRC pointed out that
petitioner presented a ticket receipt as proof that petitioner paid for the airplane ticket.
This is bolstered by the LA's findings that respondents failed to present any proof of
payment for the ticket. A reading of the CA's decision, likewise, reveals that
respondents failed to present any proof to substantiate their claim that they paid for
petitioner's ticket. As such, it is proper to reinstate the LA and NLRC's order for
respondents to reimburse petitioner the excess SR1,100.00 payment.
Petitioner is entitled
10% attorney's fees
to
In Kaisahan at Kapatiran ng mga Manggagawa at Kawani sa MWC-East Zone Union v.
Manila Water Co., Inc.,[30] this Court differentiated the ordinary and extraordinary
concepts of attorney's fees. Attorney's fees under the extraordinary concept refer to
those awarded by the Court to the losing party.[31] These may be awarded in specific
instances enumerated under Article 2208 of the Civil Code. Under paragraph 7 of Article
2208, attorney's fees may be recovered "[i]n actions for recovery of wages x x x."
In actions for recovery of wages, such as the instant case, a specific provision under
the Labor Code governs. Article 111 (a) of the Labor Code provides:
Art. 111. Attorney's Fees. - (a) In cases of unlawful withholding of wages,
the culpable party may be assessed attorney's fees equivalent to ten percent
of the amount of wages recovered.
xxxx
We construed Article 111 of the Labor Code as an exception to the general rule[32] of
strict construction in the award of attorney's fees. In Kaisahan, We held that "
[a]lthough an express finding of facts and law is still necessary to prove the merit of
the award, there need not be any showing that the employer acted maliciously or in
bad faith when it withheld wages."[33] The findings of fact required to prove entitlement
to attorney's fees in labor cases refer to the unjustified withholding of lawful wages.[34]
Here, it is undisputed that petitioner was not paid lawful wages corresponding to the
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