G.R. No. L-43212. September 22, 1977.
ANTONIO PEPITO, for himself and in behalf of his daughter, GIRLIE C. PEPITO, petitioner, vs. WORKMEN’S COMPENSATION COMMISSION and REPUBLIC OF THE PHILIPPINES (Bureau of Public Schools), respondents.

FACTS

This case involves a claim for death compensation benefits under the Workmen’s Compensation Act. The petitioner, Antonio Pepito, filed a claim on behalf of himself and his minor daughter, Girlie C. Pepito, following the death of his wife, who was employed as a public school teacher under the respondent Bureau of Public Schools. The claim was initially processed by the Workmen’s Compensation Commission.
The Workmen’s Compensation Commission rendered a decision on February 11, 1976, which was unfavorable to the petitioner. Subsequently, the petitioner filed a motion for reconsideration, which led to this Court’s initial decision reversing the Commission’s ruling. Following that reversal, the petitioner filed a motion dated August 12, 1977, specifically praying for the amendment of the dispositive portion of this Court’s decision to include an award for burial expenses in the amount of P200.00 without further proof, as expressly provided by the Workmen’s Compensation Act, as amended by Republic Act No. 4119, and to also include an award for attorney’s fees in favor of his counsel.

ISSUE

The sole issue presented in the petitioner’s motion is whether the dispositive portion of the Court’s decision should be amended to include burial expenses and attorney’s fees as mandated by the Workmen’s Compensation Act.

RULING

The Supreme Court granted the petitioner’s motion, finding it meritorious. The legal logic is clear and procedural. The Workmen’s Compensation Act, as amended by Republic Act No. 4119, explicitly provides for the grant of burial expenses up to P200.00 in death compensation cases without the need for the claimant to present further proof or receipts. This statutory provision is mandatory and self-executing; once death compensation benefits are awarded, the burial expense allowance follows as a matter of right. The Court’s initial decision, while reversing the Commission and awarding death benefits, inadvertently omitted this statutory entitlement.
Regarding attorney’s fees, the Act also mandates that a successful claimant is entitled to an award for attorney’s fees, typically fixed at ten percent of the total recoverable amount. This is intended to ensure that claimants can secure legal representation without diminishing the compensation intended for their benefit. The award is not discretionary but is a component of the full relief granted under the law. Therefore, the Court amended its dispositive portion to include both the P200.00 burial expenses and attorney’s fees equivalent to ten percent of the recoverable amount, thereby rendering a complete judgment in strict compliance with the Workmen’s Compensation Act. The amended decision also directed payment of administrative fees to the Commission.