4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly doctrine of restitution.[19] There is unjust enrichment when: 1. A person is unjustly benefited; and 2. Such benefit is derived at the expense of or with damages to another.[20] In the case at bench, petitioner paid respondent US$81,320.00 in the pre-execution conference plus attorney's fees of US$8,132.00 pursuant to the writ of execution. The June 29, 2011 CA Decision, however, modified the final resolution of the NLRC and awarded only US$60,000.00 to respondent. If allowed to return the excess, the respondent would have been unjustly benefited to the prejudice and expense of petitioner. Petitioner's claim of excess payment is further buttressed by, and in.' line with, Section 14, Rule XI of the 2011 NLRC Rules of Procedure which provides: EFFECT OF REVERSAL OF EXECUTED .JUDGMENT. — Where the executed judgment is totally or partially reversed or annulled by the Court of Appeals or the Supreme Court, the Labor Arbiter shall, on motion, issue such orders of restitution of the executed award, except wages paid during reinstatement pending appeal. [Emphases supplied] Although the Court has, more often than not, been inclined towards the plight of the workers and has upheld their cause in their conflicts with the employers, such inclination has not blinded it to the rule that justice is in every case for the deserving, to be dispensed in the light of the established facts and applicable law and doctrine.[21] WHEREFORE, the petition is GRANTED. The Court of Appeals Resolutions, dated January 5, 2012 and July 20, 2012, are hereby REVERSED and SET ASIDE. Respondent Leandro Legaspi is ORDERED to return the excess amount of payment in the sum of US$29,452.00 to petitioner Philippine Transmarine Carriers, Inc. The amount shall earn interest at the rate of 12% per annum from the finality of this judgment. SO ORDERED. Velasco, Jr., (Chairperson), Peralta, Abad, and Leonen, JJ.,concur. June 19, 2013 N O T I C E OF J U D G M E N T Sirs/Mesdames: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55882 7/10