ethics
Republic of the Philippines
SUPREME COURT
Manila
THIRD DIVISION
G.R. No. 183385 February 13, 2009
EVANGELINA MASMUD (as substitute complainant for ALEXANDER J. MASMUD), Petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION (First Division) and ATTY. ROLANDO B. GO, JR., Respondents.
R E S O L U T I O N
NACHURA, J.:
Before the Court is a petition for review on certiorari1 assailing the Decision2 dated October 31, 2007 and the Resolution dated June 6, 2008 of the Court of Appeals (CA) in CA-G.R. SP No. 96279.
The facts of the case are as follows:
On July 9, 2003, Evangelina Masmud’s (Evangelina) husband, the late Alexander J. Masmud (Alexander), filed a complaint3 against First Victory Shipping Services and Angelakos (Hellas) S.A. for non-payment of permanent disability benefits, medical expenses, sickness allowance, moral and exemplary damages, and attorney’s fees. Alexander engaged the services of Atty. Rolando B. Go, Jr. (Atty. Go) as his counsel.
In consideration of Atty. Go’s legal services, Alexander agreed to pay attorney’s fees on a contingent basis, as follows: twenty percent (20%) of total monetary claims as settled or paid and an additional ten percent (10%) in case of appeal. It was likewise agreed that any award of attorney’s fees shall pertain to respondent’s law firm as compensation.
On November 21, 2003, the Labor Arbiter (LA) rendered a Decision granting the monetary claims of Alexander. The dispositive portion of the decision, as quoted in the CA Decision, reads:
WHEREFORE, foregoing considered, judgment is rendered finding the [First Victory Shipping Services and Angelakos (Hellas) S.A.] jointly and severally liable to pay [Alexander’s] total permanent disability benefits in the amount of US$60,000.00 and his sickness allowance of US$2,348.00, both in Philippine currency at the prevailing rate of exchange at the time of payment; and to pay further the amount of P200,000.00 as moral damages, P100,000.00 as exemplary
SUPREME COURT
Manila
THIRD DIVISION
G.R. No. 183385 February 13, 2009
EVANGELINA MASMUD (as substitute complainant for ALEXANDER J. MASMUD), Petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION (First Division) and ATTY. ROLANDO B. GO, JR., Respondents.
R E S O L U T I O N
NACHURA, J.:
Before the Court is a petition for review on certiorari1 assailing the Decision2 dated October 31, 2007 and the Resolution dated June 6, 2008 of the Court of Appeals (CA) in CA-G.R. SP No. 96279.
The facts of the case are as follows:
On July 9, 2003, Evangelina Masmud’s (Evangelina) husband, the late Alexander J. Masmud (Alexander), filed a complaint3 against First Victory Shipping Services and Angelakos (Hellas) S.A. for non-payment of permanent disability benefits, medical expenses, sickness allowance, moral and exemplary damages, and attorney’s fees. Alexander engaged the services of Atty. Rolando B. Go, Jr. (Atty. Go) as his counsel.
In consideration of Atty. Go’s legal services, Alexander agreed to pay attorney’s fees on a contingent basis, as follows: twenty percent (20%) of total monetary claims as settled or paid and an additional ten percent (10%) in case of appeal. It was likewise agreed that any award of attorney’s fees shall pertain to respondent’s law firm as compensation.
On November 21, 2003, the Labor Arbiter (LA) rendered a Decision granting the monetary claims of Alexander. The dispositive portion of the decision, as quoted in the CA Decision, reads:
WHEREFORE, foregoing considered, judgment is rendered finding the [First Victory Shipping Services and Angelakos (Hellas) S.A.] jointly and severally liable to pay [Alexander’s] total permanent disability benefits in the amount of US$60,000.00 and his sickness allowance of US$2,348.00, both in Philippine currency at the prevailing rate of exchange at the time of payment; and to pay further the amount of P200,000.00 as moral damages, P100,000.00 as exemplary