FIRST DIVISION
[G.R. No. 236330. February 20, 2019.]
VIRGILIO S. DELIMA, petitioner,vs. NYK-FIL SHIP MANAGEMENT, INC. AND/OR NYK SHIPMANAGEMENT PTE. LTD., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated February 20, 2019 which reads as follows:
"G.R. No. 236330 (Virgilio S. Delima vs. NYK-FIL Ship Management, Inc. and/or NYK Shipmanagement Pte. Ltd.)
After a judicious review of the records, this Court resolves to GRANT the instant petition for review of the Decision 1 dated August 31, 2016 rendered by the Court of Appeals (CA) in CA-G.R. SP No. 140935. The CA affirmed with modification the Decision of the Voluntary Arbitrator, reducing the award of attorney's fees to US$1,000.00 or its peso equivalent at the time of actual payment. In Iloreta v. Philippine Transmarine Carriers, Inc., 2 the CA held that said amount is reasonable award of attorney's fees.
The Court reinstates the award of attorney's fees of ten percent (10%) of the total amount due given by the Office of Voluntary Arbitrators as it is in accordance with prevailing jurisprudence. Where an employee is forced to litigate and incur expenses to protect his rights and interest, he is entitled to an award of attorney's fees equivalent to ten percent (10%) of the total award at the time of actual payment. 3
WHEREFORE, the Decision dated August 31, 2016 in CA-G.R. SP No. 140935 of the Court of Appeals is AFFIRMED with MODIFICATION in that the award of attorney's fees is increased to ten percent (10%) of the total amount due.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. Penned by Associate Justice Socorro B. Inting with Associate Justices Remedios A. Salazar-Fernando and Priscilla J. Baltazar-Padilla concurring; rollo, pp. 243-251.
2. G.R. No. 183908, December 4, 2009.
3.Skippers United Pacific, Inc. v. Lagne, G.R. No. 217036, August 20, 2018.