THIRD DIVISION
[G.R. No. 227525. June 7, 2017.]
MAERSK-FILIPINAS CREWING, INC. AND MAERSK TANKERS SINGAPORE PTE., LTD., petitionersvs. JEREMY S. ALICANDO, respondent.
[G.R. No. 227611. June 7, 2017.]
JEREMY S. ALICANDO, petitionervs. MAERSK-FILIPINAS CREWING, INC., MAERSK TANKERS SINGAPORE PTE. LTD. AND/OR MORENA F. JARA, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJune 7, 2017, which reads as follows: caITAC
"G.R. No. 227525 (Maersk-Filipinas Crewing, Inc. and Maersk Tankers Singapore Pte., Ltd. vs. Jeremy S. Alicando); and G.R. No. 227611 (Jeremy S. Alicando vs. Maersk-Filipinas Crewing, Inc., Maersk Tankers Singapore Pte. Ltd. and/or Morena F. Jara). — This treats the Motion for Partial Reconsideration of Maersk-Filipinas Crewing, Inc. and Maersk Tankers Singapore Pte., Ltd. (Maersk), and the Motion for Reconsideration filed by Jeremy S. Alicando (Alicando).
The Court reiterates its concurrence with the National Conciliation and Mediation Board Panel of Arbitrators and with the Court of Appeals that Alicando's disability is deemed permanent and total because Maersk's company-designated physician failed to render a final definitive assessment of Alicando's medical condition. Maersk's partial motion for reconsideration ought then be denied.
On the other hand, the Court hereby resolves to grant Alicando's motion for reconsideration and reinstates the award of attorney's fees. The Court's posture is anchored on Article 2208 (2) of the Civil Code, 1 which justifies the award of attorney's fees in actions for indemnity under workmen's compensation and employer liability laws. 2
The cap for award of attorney's fees is 10% of the USD60,000.00 disability benefit awarded to Alicando, which is USD6,000.00. Nevertheless, the Court deems the award of USD1,000.00 as attorney's fees to be sufficient.
WHEREFORE, in view of the foregoing, the Court resolves to DENY the Motion for Partial Reconsideration of Maersk-Filipinas Crewing, Inc. and Maersk Tankers Singapore Pte., Ltd. for utter lack of merit. On the other hand, the Motion for Reconsideration filed by Jeremy S. Alicando is hereby GRANTED. Maersk-Filipinas Crewing, Inc. and Maersk Tankers Singapore Pte., Ltd. are hereby ordered jointly and severally liable to pay Jeremy S. Alicando the amount of USD1,000.00 as attorney's fees, in addition to the award of disability benefit.
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1. Civil Code, Art. 2208. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be recovered, except:
xxx xxx xxx
(8) In actions for indemnity under workmen's compensation and employer's liability laws.
2.Maersk Filipinas Crewing, Inc., and Maersk Co. IOM Ltd. v. Ramos, G.R. No. 184256, January 18, 2017.