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PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. L-42390. February 28, 1978.]

EUNILA MARAPO, for herself and for and in behalf of her minor children, namely, Samuel, Elizabeth, Bernadette, Carmelita, William, Lydia, Myrna, Leopoldo and Mercedita, all surnamed Marapo, Petitioners, v. PHILIPPINE PACKING CORPORATION and the WORKMEN’S COMPENSATION COMMISSION, Respondents.

SYNOPSIS


Petitioners, who were awarded death compensation benefit and burial expenses in a Supreme Court decision dated January 31, 1977, manifested and moved that the said decision be amended to include the amount of P620.00 or 10% of the total award by way of attorney’s fees pursuant to section 31 of the Workmen’s Compensation Act, as amended.

In granting the motion, the Supreme Court ruled that although the prayer for the award of 10% attorneys fees is meritorious, it may solely be based on the principal amount of P60,000.00 adjudged as death compensation benefit exclusive of the amount of P200.00 awarded as payment or reimbursement of burial expenses.

Dispositive portion of the afore-stated decision amended accordingly.


SYLLABUS


1. JUDGMENT; DISPOSITIVE PORTION, AMENDMENT. — Where the judgment in a death compensation case overlooked the award of 10% attorney’s fees provided for under the Workmen’s Compensation Act, the same may be awarded upon motion and the dispositive portion amended accordingly.

2. WORKMEN’S COMPENSATION ACT; DEATH COMPENSATION BENEFITS; AWARD OF ATTORNEY’S FEES TO BE BASED ON PRINCIPAL AWARD OF DEATH COMPENSATION. — The award of 10% attorney’s fees provided for under the Workmen’s Compensation Act may solely be based on the principal amount of death compensation benefit exclusive of the burial expenses, paid or reimbursed.


R E S O L U T I O N


TEEHANKEE, J.:


Before the Court is the Manifestation and Motion for Attorney’s Fee of petitioners’ counsel Francisco D. Alas, praying that the Court’s decision of January 31, 1977 sentencing respondent corporation to pay the petitioners the amount of P6,000.00 as death compensation benefit plus P200.00 as burial expenses for the deceased with costs, be amended so as to include the amount of P620.00 or 10% of the total award by way of attorney’s fee pursuant to section 31 of the Workmen’s Compensation Act, as amended.

The Court finds the motion meritorious insofar as it prays for the award of 10% attorney’s fee as provided for by the Act. The said award, however, may solely be based on the principal amount adjudged of P6,000.00 as death compensation benefit excluding the amount of P200.00 provided by law by way of payment or reimbursement of burial expenses.

The dispositive portion of the Court’s decision of January 31, 1977 is, therefore, hereby amended to read as follows:chanrobles virtual lawlibrary

"IN VIEW OF THE FOREGOING, the judgment of the respondent Commission denying the claim of petitioners is hereby reversed and set aside and another one rendered ordering the respondent corporation to pay the petitioners the amount of P6,000.00 as death compensation benefit plus the amount of P200.00 as burial expenses for the deceased, and the further amount of P600.00 as attorney’s fee, with costs against respondent corporation.

"SO ORDERED."cralaw virtua1aw library

Makasiar, Muñoz Palma, Fernandez and Guerrero, JJ., concur.

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