FIRST DIVISION
[G.R. No. 234802. September 2, 2019.]
INTERNATIONAL SHIP CREW MANAGEMENT AND ISHIMA PTE. LTD., petitioners, vs.CASIMIRO LAUDITO V. GEALON, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated September 2, 2019which reads as follows:
"G.R. No. 234802 (International Ship Crew Management and Ishima Pte. Ltd. v. Casimiro Laudito V. Gealon)
On September 12, 2018, petitioners International Ship Crew Management and Ishima Pte. Ltd. filed a Manifestation with Motion to Withdraw Petition for Review, 1 together with a Joint Motion to Dismiss (with Urgent Motion to Cancel Appeal Bond), 2 Release of All Rights, 3Pagpapaubaya ng lahat ng Karapatan, 4 which was signed individually by the parties, and the Order 5 dated August 31, 2018 of the Labor Arbiter dismissing the complaint and considering the case closed and terminated. The pertinent portions of the Release of All Rights read:
READ CAREFULLY — By signing this you give up EVERY right you have.
I, CASIMIRO LAUDITO VILLAFLOR GEALON, of legal age, with residence at Phase I-C Block 5 Lot 24 Kaunlaran Village, Navotas City, Philippines, in exchange for TWENTY-ONE THOUSAND DOLLARS (USD21,000.00) or its Peso equivalent of ONE MILLION EIGHTY-THREE THOUSAD(sic)SIX HUNDRED PESOS (PhP1,083,600.00) which I have received, do hereby REALEASE(sic)(Please write the word RELEASE to show that you know what you are doing) and forever discharge: D'AMICO SHIP ISHIMA PHILIPPINES, INC. (formerly INTERNATIONAL SHIP CREW MANAGEMENT) (local manning agent), ISHIMA PTE. LTD (Principal) their heirs, executors, administrators, successors and assigns, and their several vessels and in particular the "MEDI SHANGHAI" and the owners, managers, agents, operators, charterers, master, officers and crews, the underwriters and P & I Club of said vessel from each and every right and claim which I now have, or may hereafter have, whether arising in tort, contract, statutory law, or any other basis of recovery, on account of illness I suffered: DETACa
"Hypertension; Cerebral Infarct, Right
and in addition to that, I RELEASE(Please write the word RELEASE to show that you know what you are doing) them from each and every right and claim which I now have or may hereafter have because of any matter or thing which happened before the signing of this paper, it being my intention by the signing of this paper to wipe the slate clean as between ourselves, our successors-in-interest and the parties released, even with respect to injuries, illnesses, rights and claims not mentioned herein and which are not known to me. I agree not to file any claims against the Owners and its successors-in-interest based on tort or on any other ground, but also not to arrest the subject vessel or any other vessel of said Owners, operators or charterers.
I agree this Release of All Rights shall in all respects be governed by the laws of the Philippines including all matters of construction and validity. I further agree that any disputes arising from this settlement agreement shall be referred to the competent court of authorities of the Philippines, to the exclusion of any other forum.
I agree that in case I violate the terms and conditions of this Release of All Rights, wil[l]fully or otherwise, I may be held liable for breach of contract and for payment of damages.
I understand and concede that payment under this Release of All Rights by the owners of "MEDI SHANGHAI" and their successors-in-interest is not an admission of liability on their part.
Lastly, I certify that the contents of this Release have been translated to me in my national language/local dialect, which is Tagalog, and that I fully understand its terms and provisions.
READ THE FOLLOWING STATEMENTS CAREFULLY:
1) I know that this paper is much more than a receipt. IT IS A RELEASE. I AM GIVING UP EVERY RIGHT I HAVE.
2) I know that signing this Release I am, among other things, now settling in full for all rights which now have arising from my illness and which I may have in the future, whether it be based on contract, tort or other grounds, and even if said rights are not expressly mentioned in this Release.
3) I realize that the payment of the money mentioned above is not an admission that anyone (including the Owners and their successors-in-interests) is liable to me for anything.
4) I am signing this Release because I am getting the money. I have not been promised anything else.
5) I am satisfied.
THE FOLLOWING IS TO BE FILLED IN BY THE CLAIMANT IN HIS OWN HANDWRITING
A. Have you read this paper from beginning to end? YES
B. Do you know what this paper you are signing? YES
C. What is this paper you are signing? RELEASE OF ALL RIGHTS
D. Do you make the five (5) numbered statements printed above and do you intend that the parties whom you are releasing shall rely on the statements as the truth? YES aDSIHc
E. Do you know that signing this Release settles and ends EVERY right or claim you may have, whether based on contract, tort or on other grounds? YES
Therefore, I am signing my name upon the words THIS IS A RELEASE and alongside the seal, which is printed below and which I adopted as my own, to show that I mean everything that is said on this paper.
xxx xxx xxx. 6 (Emphasis and underscoring in the original)
WHEREFORE, finding the above Release of All Rights, as well as the Pagpapaubaya ng lahat ng Karapatan attached to the Motion to Withdraw Petition for Review to be validly executed, and that the same are not contrary to law, morals, good customs, public policy and public order, the subject motion is GRANTED and the instant case is hereby DEEMED CLOSED and TERMINATED. The parties are enjoined to strictly comply with the terms and conditions of their agreement. No pronouncement as to costs.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 662-666.
2.Id. at 670-672.
3.Id. at 673-675.
4.Id. at 676-680.
5.Id. at 681.
6.Id. at 673-674.