6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly exchange rate prevailing during the time of payment. xxx xxx xxx 4. The other liabilities of the employer when the seafarer dies as a result of injury or illness during the term of employment are as follows: xxx xxx xxx c. The employer shall pay the beneficiaries of the seafarer the Philippine currency equivalent to the amount of One Thousand US Dollars (US$1,000) for burial expenses at the exchange rate prevailing during the time of payment. There is no dispute that seaman Glicerio had two (2) legitimate minor children who, in addition to the death benefits of US$50,000.00, are entitled to US$7,000 each, plus burial allowance of US$1,000.00. There is merit in [respondent]’s claim that she is entitled to attorney’s fees because she was forced to litigate and incur expenses to protect her rights and interests because of the unjust, unfair and totally unlawful acts of the [petitioners] in refusing to pay her claims. The same finds ample basis on Art. 2208, par. 2 of the Civil Code, which provides: Art. 2208. In the absence of stipulation, attorney’s fees and expenses of litigation, other than judicial costs, cannot be recovered, except: xxx xxx xxx (2) When the defendant’s act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interests; WHEREFORE, premises considered, judgment is hereby rendered holding the above-named [petitioners] Unicol Maritime Services, Inc. and Victoriano B. Tirol III liable, jointly and severally, to pay [respondent] the following amounts: 1. US$50,000 2. US$14,000 3. US$1,000 US$65,000 4. US$6,500 US$71,500.00- Death Benefits Death benefits for the two (2) minor children Burial Expenses Total 10% Attorney’s fees Grand Total or in Philippine currency at the prevailing rate of exchange at the time of actual payment. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58912 3/12