6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly period, after the 120-day period but less than 240 days. By operation of law, therefore, Carcedo's total and temporary disability lapsed into a total and permanent disability. [Emphasis Supplied] Verily, there is no question that Zafra has remained in a state of disability that has become permanent and total considering that no certification, compliant with the POEASEC and the Labor Code, was issued within the 120/240-day period. Viewed in this light, the CA did not err in finding the absence of grave abuse of discretion on the part of the NLRC and in affirming the award of permanent and total disability benefits to Zafra. It correctly applied the provisions of the POEA-SEC and the Labor Code on permanent disability in accordance with the rulings promulgated by this Court. Lastly, considering that Zafra was forced to litigate and incur expenses to protect his right and interest, his right to attorney's fees in the amount of US$ 6,000.00 or an amount equivalent to 10% of his claim is likewise affirmed by this Court. WHEREFORE, the petition is DENIED. SO ORDERED. Carpio, (Chairperson), Brion, Del Castillo, and Jardeleza,* JJ., concur. * Designated Acting Member in lieu of Associate Justice Marvic M.V.F. Leonen, per Special Order No. 2056, dated June 10, 2015. [1] Rollo, pp. 66-79, penned by Associate Justice Hakim S. Abdulwahid with Associate Justices Marlene Gonzales-Sison and Leoncia Real-Dimagiba, concurring. [2] Id. at 81-82. penned by Associate Justice Hakim S. Abdulwahid with Associate Justices Marlene Gonzales-Sison and Leoncia Real-Dimagiba, concurring. [3] Id. at 132-137. Penned by Labor Arbiter Gaudencio P. Demaisip, Jr. [4] Id. at 123-130. Penned by Commissioner Alex A. Lopez, with Commissioners Gregorio O. Bilog III and Pablo C. Espiritu, Jr., concurring. [5] Id. at 181. [6] Id. at 165. [7] Id. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60608 9/11