4/10/2020
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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.
b. It shall be unlawful for any person to demand or accept, in any judicial
or administrative proceedings for the recovery of wages, attorney's
fees which exceed ten percent of the amount of wages recovered.
Since De Gracia, et al. had to secure the services of the lawyer to recover their unpaid
salaries and protect their interest, we agree with the CA's imposition of attorney's fees
in the amount of ten percent (10%) of the total claims.
WHEREFORE, we AFFIRM the Decision of the Court of Appeals dated 5 July 2006 with
MODIFICATION. Petitioners Skippers United Pacific, Inc. and Skippers Maritime
Services Inc., Ltd. are jointly and severally liable for payment of the following:
1) Unremitted home allotment pay for the month of December 1998 in its equivalent
rate in Philippine Pesos at the time of termination on 28 January 1999:
a. De Gracia = US$900.00
b. Lata = US$600.00
c. Aprosta = US$600.00
2) Salary for the unexpired portion of the employment contract or its current equivalent
in Philippine Pesos:
a. De Gracia = US$2,933.34
b. Lata = US$1,600.00
c. Aprosta = US$1,600.00
3) Attorney's fees and litigation expenses equivalent to 10% of the total claims.
SO ORDERED.
Brion, Perez, Sereno, and Reyes, JJ., concur.
[1] Rollo, pp. 31-40. Penned by Associate Justice Estela M. Perlas-Bernabe (now
Supreme Court Justice) with Associate Justices Andres B. Reyes, Jr. and Hakim S.
Abdulwahid concurring.
[2] Id. at 41. Penned by Associate Justice Estela M. Perlas-Bernabe (now Supreme
Court Justice) with Associate Justices Andres B. Reyes, Jr. and Hakim S. Abdulwahid
concurring.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/21678
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