Damages: Attorney’s fees NFD INT INTER ERN NATION IONAL MANNING ING AGEN AGENT TS, ILLESCAS, Reson!ent. G.R. No. "#$%&', Setem(er )*, )%"% +ERALTA, J.:
INC INC
vs.E vs.ES SMER ERAL ALD DO
C.
FACTS: This case involves the propriety propriety of the award of disability compensation under the Collective Bargaining Agreement to respondent, who worked as a seaman in the foreign vessel of petitioner Barber Ship Management Ltd The petitioners allegedly !illegally" withhold payment of a smaller disability and #ed a case with the Labor Arbi Arbite terr and and appe appeal aled ed in $L% $L%C The The $L% $L%C held held that that the the in&u in&ury ry sust sustai aine ned d by respondent was not the result of an accident, although it arose out of his work, hence hence order ordered ed the paymen paymentt of smalle smallerr dis disabi abilit lity y 'oweve 'owever, r, $L%C $L%C delete deleted d the attorney(s fees awarded to respondent on the ground that there was no unlawful withh withhold olding ing of payme payment nt of bene#t bene#ts s in view view of petiti petitione oners rs(( compr compromi omise se o)er o)er of *S+-,./011, which the amount of disability bene#t was awarded by the $L%C to respondent
ISSE: 2s $L%C correct in not awarding attorney(s fees3
-ELD: NO The award of attorney(s fees is &usti#ed under Article 4415 647 of the Civil Code 8ven 8ven if peti petiti tion oner ers s did did not not with withho hold ld paym paymen entt of a smal smalle lerr disa disabi bili lity ty bene bene#t #t,, respondent was compelled to litigate to be entitled to a higher disability bene#t Moreover Moreover,, in '9S :hilippi :hilippines, nes, 2nc v :ilar :ilar and 2loreta 2loreta v :hilippi :hilippine ne Transmarin ransmarine e Carriers, 2nc, the Court sustained the $L%C(s award of attorney(s fees, in addition to disability bene#ts to which the concerned seamen;claimants were entitled
