G.R. No. 236576 - ARIEL P. HORLADOR, VS. PHILIPPINE TRANSMARINE CARRIERS, INC., MARINE* SHIPMANAGEMENT LTD., AND CAPTAIN MARLON L. MALANAO.R E S O L U T I O N - Supreme Court E-Library

Ruling

accordingly, ordered respondents to pay petitioner permanent and total disability benefits in the amount of US$60,000.00 or its peso equivalent and ten percent (10%) thereof as attorney's fees. [17] The NLRC found that: ( a ) petitioner was medically repatriated; ( b ) after medical repatriation, he tried reporting to PTCI for post-employment medical examination, but was ignored; and ( c ) petitioner's disability was indeed work-related and diagnosed to be permanent and total, and thus, compensable. [18] Respondents moved for reconsideration, [19] but was denied in a Resolution [20] dated May 22, 2014. Dissatisfied, they filed a petition for certiorari [21] before the CA. The CA Ruling In a Decision [22] dated February 3, 2017, the CA affirmed the NLRC ruling, with modification deleting the award of attorney's fees. [23] It held that the NLRC did not gravely abuse its discretion in finding, among others, that petitioner suffered a compensable work-related illness that caused his permanent and total disability, and that respondents denied his request for treatment or post-employment medical examination. [24] The CA, however, found it appropriate to delete the award of attorney's fees for the NLRC's failure to present the factual bases therefor. [25] Both parties moved for reconsideration, [26] which were, however, denied in a Resolution [27] dated December 15, 2017. Hence, this petition assailing the aforesaid deletion of attorney's fees. The Issue Before the Court The sole issue for the Court's resolution is whether or not the CA correctly deleted the award of attorney's fees in petitioner's favor. The Court's Ruling The petition is meritorious. There are two (2) commonly accepted concepts of attorney's fees - the ordinary and extraordinary. In its ordinary concept, an attorney's fee is the reasonable compensation paid to a lawyer by his client for the legal services the former renders; compensation is paid for the cost and/or results of legal services per agreement or as may be assessed. In its extraordinary concept, attorney's fees are deemed indemnity for damages ordered by the court to be paid by the losing party to the winning party. The instances when these may be awarded are enumerated in Article 2208 of the Civil Code and is payable not to the lawyer but to the client, unless the client and his lawyer have agreed that the award shall accrue to the lawyer as additional or part of compensation. [28] Particularly, Article 2208 of the Civil Code reads: Article 2208. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be recovered, except: (1) When exemplary damages are awarded; (2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest; (3) In criminal cases of malicious prosecution against the plaintiff; (4) In case of a clearly unfounded civil action or proceeding against the plaintiff; (5) Where the