6. Attorney’s Fees

LA, NLRC, or CA MAY validly award attorney’s fees in favor of a complainant even if not claimed or proven in the proceeding.

The provision on attorney’s fees in Article 111 envisions a situation where there is a judicial or administrative proceeding for recovery of wages.

Upon the termination of the proceedings, in a proceeding for unlawful withholding of wages, Article 111 permits an award of attorney’s fees not exceeding 10% of the wages recovered; an award against the employer is not an automatic deduction from the worker’s recovery. (Vengco v. Trajano, G.R. No. 74453, 1989).

Hence, even without a separate claim or proof of their precise amount, attorney’s fees may be awarded when the facts establish a legal basis, but under Article 111 they must not exceed 10% of the wages recovered. The court has also a liberty of decreasing it if the questions involved in the litigation are neither novel nor difficult. (D.M. Consunji v. NLRC, G.R. No. 71459, 1986).