6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly such grade. The amount shall be paid jointly and severally by [SCMI] and [Aquanaut] but with the exception of [Aaron] and [Bonoan,] who are hereby ordered excluded as parties solidarity liable to pay the amount due [to Balatero.] Be it remembered that [SCM!] has a personality separate and distinct from that of its officers, thus, [Aaron] and [Bonoan] cannot be held solidarily liable for the amount due. x x x Under Article 2208 of the Civil Code, attorney's fees can be recovered when the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest. Furthermore, an award of attorney's fees is the exception rather than the rule, hence, it is necessary for the lower tribunal to make findings of fact and law which bring the case within the exception and justify the grant of the award. Here, We find that none of the exceptions applies.[38] (Citations omitted) In the herein assailed resolution, the CA denied the respective MRs separately filed by Balatero and the respondents. Issues In G.R. No. 224532, Balatero presents for consideration the issues of whether or not the CA erred in holding that: (1) he only suffers from Grade 7 Disability, hence, only entitled to benefits corresponding thereto; (2) no attorney's fees and moral and exemplary damages should be awarded to him; (3) Aaron and Bonoan cannot be held solidarily liable with SCMI and Aquanaut in the payment of the monetary awards; and (4) there is no merit in his MR, which did not raise new issues.[39] On the other hand, in G.R. No. 224565, the respondents challenge Balatero's entitlement to partial disability compensation claiming that the latter's illnesses are not work-related.[40] Balatero points out that Article 192 of the Labor Code explicitly provides that temporary total disability shall be deemed permanent and total if it lasts continuously for more than 120 days. He also invokes Crystal Shipping, Inc. v. Natividad,[41] where the Court granted permanent total disability benefits to a seafarer for his inability to perform his customary work for more than 120 days. Balatero further cites Carcedo v. Maine Marine Philippines, Inc.,[42] where the Court awarded total and permament disability compensation to a seafarer assessed to have an 8% impediment rating on the 63rd day from his repatriation, but who was still incapacitated to perform his usual sea duties by reason of pending medical treatments and confinement beyond the 120-day period.[43] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63152 6/17