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As to the award of exemplary damages, the New Civil Code provides that, "exemplary
or corrective damages are imposed, by way of example or correction for the public
good, in addition to the moral, temperate, liquidated or compensatory damages."[28]
To discourage other employers who may be emboldened to follow the example of
petitioners in trying to evade liability, the award of exemplary damages amounting to
fifty thousand pesos (P50,000.00) is proper.
Lastly, as to the attorney's fees, the Supreme Court provides that, "The Court also
holds that [respondent] is entitled to attorney's fees in the concept of damages and
expenses of litigation. Attorney's fees are recoverable when the defendant's act or
omission has compelled the plaintiff to incur expenses to protect his interest."[29]
Moreover, under Article 2208 of the New Civil Code, attorney's fees may be recovered
in actions for indemnity under workmen's compensation and employer's liability laws.
Hence, the award of attorney's fees ten percent (10%) of the aggregate monetary
awards is warranted.
WHEREFORE, the instant petition is DENIED. The Decision dated August 25, 2011
and Resolution dated October 19, 2011 of the Court of Appeals in CA-G.R. SP No.
113608 is AFFIRMED WITH MODIFICATION. Petitioners Jebsen Maritime, Inc. and
Van Oord Ship Management B.V. are ORDERED to pay respondent P309,156.93 as
reimbursement for medical expenses, aside from the other awards granted by the
National Labor Relations Commission in its Decision dated October 22, 2009 and
Resolution dated February 26, 2010.
SO ORDERED.
Bersamin, C.J., (Chairperson), Del Castillo, and Gesmundo, JJ., concur.
Jardeleza, J., on official leave.
* On official leave.
[1] Rollo, pp. 39-70.
[2] Penned by Associate Justice Fernanda Lampas Peralta, with Associate Justices
Priscilla J. Baltazar-Padilla and Agnes Reyes-Carpio, concurring; id. at 18-35.
[3] Id. at 37.
[4] Id. at 109.
[5] Id. at 110.
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