6/7/2020
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The Court of Appeals correctly awarded attorney's fees in favor or petitioner. Under
Article 2208, paragraph 8 of the Civil Code, attorney's fees can be recovered in actions
for indemnity under workmen's compensation and employer's liability laws.[64]
In addition, pursuant to the case of Nacar v. Gallery Frames,[65] the Court imposes on
the monetary award for permanent partial disability benefit an interest at the legal rate
of six percent (6%) per annum from the date of finality of this judgment until full
satisfaction.[66]
WHEREFORE, premises considered, the petition is DENIED. The Decision of the Court
of Appeals dated February 5, 2015 and its Resolution dated August 7, 2015 in CA-G.R.
SP No. 131729 are AFFIRMED WITH MODIFICATION. The Court declares petitioner
Eugenio M. Gomez to have suffered permanent partial disability with an impediment of
Grade 8 and hereby orders the respondents Crossworld Marine Services, Inc., Golden
Union Shipping Company, S.A. and Eleazar Diaz jointly and severally liable to pay
Gomez his disability compensation in the amount of US$30,527.26 or its peso
equivalent at the exchange rate prevailing at the time of actual payment, plus interest
at the rate of six percent (6%) per annum from the date of finality of this
judgment until full satisfaction, and attorney's fees equivalent to ten percent (10%)
of the said amount due.
SO ORDERED.
Carpio, (Chairperson), Mendoza, Leonen, and Martires, JJ., concur.
[1] Rollo, pp. 8-20.
[2] Penned by Associate Justice Zenaida T. Galapate-Laguilles, with Associate Justices
Elihu A. Ybanez and Florito S. Macalino, concurring.
[3] Id. at 22-24.
[4] CA Decision, rollo, p. 9; Respondents' Position Paper, rollo, p. 140.
[5] Complainant's Position Paper, rollo, p. 89; records, p. 11.
[6] Id.
[7] Id. at 90.
[8] Records, "Annex "C," p. 45.
[9] Complainant's Position Paper, rollo, p. 90.
[10] Id.
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