CAMILO A. ESGUERRA V. UNITED PHILIPPINES LINES, INC., ET AL.

G.R. NO. 199932

Digested by: Geromo, Felix Louis T.
(Torts and Damages)
FACTS:
(This is essentially a labor case, as to the civil aspect of this case it dwells merely on the
entitlement of recovery to attorneys fees and cost of litigation by the petitioner.)
Petitioner Camilo was a fitter on board the vessel M/V Jaco Triumph for a period of 9 months.
On August 21, 2008, while the petitioner was welding wedges inside Hatch 5 of the vessel, a
manhole cover accidentally fell and hit the petitioner on the head. The impact of the blow caused
him pain on his neck and shoulders despite him wearing a protective helmet. He was given
immediate medical attention and was kept under constant monitoring and observation, expenses
shouldered by the company. Labor suits followed the event, Subsequently the court ordered
UPLI to The awards for damages and attorneys fees, UPLI on their part averred that they are not
obliged to pay Camilo the award for damages and attorneys fees as they rendered prompt
medical attendance to the latter and thus negating bad faith.
ISSUE:
Whether or not Camilo the petitioner is entitled to award of damages and attorneys fees absence
any lack of bad faith in the part of the employer UPLI.
RULING:
The above given case falls as an exception to Art.2208 of the New Civil Code which states that:
In the absence of stipulation, attorneys fees and expenses of litigation, other than judicial costs,
cannot be recovered, except:
x x x x
(8) In actions for indemnity under workmens compensation and employers liability laws;
x x x x.
Hence the case of Camilo falling under the exception he is entitled to attorneys fees and
expenses of litigation other than judicial cost, even in the absence of bad faith on the part of
employer.