4/14/2021 E-Library - Information At Your Fingertips: Printer Friendly subsequent medical report dated February 10, 2010 of the company-designated physicians was issued within the 240-day window. Thus, following the "120/240-day rule" on claims for permanent and total disability benefits,[34] Solacito had no basis to insist that he is suffering from total or partial permanent disability. Considering that Solacito's complaint is unfounded and in the absence of any of the circumstances under Article 2208[35] of the Civil Code, there is likewise no basis to award attorney's fees in his favor. In view of the foregoing, petitioners are, therefore, entitled to the return of P2,722,000.00 representing the Philippine Peso equivalent of the total and permanent disability benefit and the 10% attorney's fees awarded by the NLRC and paid by petitioners to Solacito during the execution proceedings. While it is unfortunate that Solacito has already spent the amounts he collected from petitioners,[36] restitution is in order in case of reversal of an executed judgment.[37] Finally, interest at the rate of 6% per annum shall be imposed on the total monetary award counted from the finality of this Decision until full payment in accordance with prevailing jurisprudence.[38] WHEREFORE, in view of the foregoing, the Petition is GRANTED. The Decision dated June 20, 2014 and Resolution dated March 13, 2015 of the Court of Appeals in CA-G.R. SP No. 123284 are hereby ANNULLED and SET ASIDE, and the complaint DISMISSED for lack of merit. Accordingly, respondent Roger P. Solacito is DIRECTED to return to petitioners Pacific Ocean Manning, Inc., Industria Armamento Meridionale, and/or Capt. Amador P. Servillon the total and permanent disability benefits and attorney's fees erroneously paid to him in the total amount of Two Million Seven Hundred Twenty-Two Thousand Philippine Peso (P2,722,000.00). Interest at the rate of 6% per annum is also imposed on the total monetary award from the finality of this Decision until full payment. SO ORDERED. Peralta, C.J., (Chairperson), Lazaro-Javier, Inting,[*] and Zalameda,[**] JJ., concur. [*] Designated as additional Member per Raffle dated February 3, 2020 in lieu of Associate Justice Jose C. Reyes, Jr. [**] Designated as additional Member per Raffle dated February 3, 2020 in lieu of Associate Justice Mario V. Lopez. [1] Rollo, pp. 65-75. Penned by Associate Justice Jose C. Reyes, Jr. (now a Member of this Court) and concurred in by Associate Justices Mario V. Lopez (also now a Member of this Court) and Socorro B. Inting. [2] Id. at 146-149. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66216 11/14