Attorney’s Fees

Summary

▪ Attorney’s fees are awarded to employees in certain cases.

▪ Complainant-employee may be entitled to attorney’s fees despite being represented by the Public Attorney’s Office (PAO)

1. Concept

Attorney’s fees are awarded to employees who win a labor case in certain cases; however, it is not all of the time.

There are two commonly accepted concepts of attorney's fees:

1) The ordinary concept; and,

2) The extraordinary concept. (Alva v. High Capacity Security Force, Inc., G.R. No. 203328, 08 November 2017)

a. Ordinary concept

In its ordinary concept, an attorney’s fee is the reasonable compensation paid by the client to his lawyer in exchange for the legal services rendered by the latter. The compensation is paid for the cost and/or results of the legal services, as agreed upon by the parties or as may be assessed by the courts. (Ibid.)

b. Extraordinary concept

As an extraordinary concept, an attorney’s fee is deemed an indemnity for damages ordered by the court to be paid by the losing party to the winning party. (Ibid.)

In labor cases, attorney’s fees partake of the nature of an extraordinary award granted to the victorious party as an indemnity for damages. As a general rule, it is payable to the client, not to his counsel, unless the former agreed to give the amount to the latter as an addition to, or part of the counsel's compensation. (Ibid.)

1) Labor Code

ART. 111. Attorney's Fees. (a) In cases of unlawful withholding o...

 



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