SECOND DIVISION
[G.R. No. 230086. January 22, 2018.]
WILHELMSEN SMITH BELL MANNING, INC., WILHELMSEN SHIPMANAGEMENT, LTD., AND/OR MS. NOEMI F. DIONISIO, petitioners,vs. DONDE A. DASOY, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated22 January 2018which reads as follows: HTcADC
"G.R. No. 230086 (Wilhelmsen Smith Bell Manning, Inc., Wilhelmsen Shipmanagement, Ltd., and/or Ms. Noemi F. Dionisio v. Donde A. Dasoy)
On November 8, 2017, petitioners Wilhelmsen Smith Bell Manning, Inc., Wilhelmsen Shipmanagement, Ltd., and/or Ms. Noemi F. Dionisio, and respondent Donde A. Dasoy filed a Joint Manifestation with Motion to Dismiss the instant Petition for Certiorari1 with the attached Satisfaction of Judgment/Joint Motion to Dismiss with Motion to Cancel Appeal Bond 2 which prayed for the approval of the Release of All Rights 3 and Pagpapaubaya ng Lahat ng Karapatan. 4 Pertinent portions of the Release of All Rights read:
"READ CAREFULLY-By signing this you give up EVERY right you have.
I, DONDE A. DASOY, of legal age, with residence at Grand Residence Blk3 Lot 6 Carsadang, Bago II Imus, Cavite, Philippines, in exchange for FIFTY THOUSAND DOLLARS (US$50,000.00) or its peso equivalent of TWO MILLION FIVE HUNDRED THREE THOUSAND SEVEN HUNDRED FIFTY PESOS (PHP2,503,750.00), which I have received, in the form of Citibank No. 0000106167 dated 9 October 2017 issued in my name, photocopy of which is attached hereto and forms an integral part of this Release of all Rights, do hereby [the word RELEASE is handwritten on the blank space provided] (Please write the wordRELEASEto show that you know what you are doing) and forever discharge: WILHELMSEN-SMITH BELL MANNING, INC., WILHELMSEN SHIP MANAGEMENT, LTD. AND/OR MS. NOEMI F. DIONISIO and their heirs, executors, administrators, successors and assigns, and their several vessels and in particular the "GLEN CANYON BRIDGE" and the owners, their representatives, managers, agents, operators, charterers, master, officers and crews, the underwriters and P & I Club of said vessels 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 injury/illness/death suffered by DONDE A. DASOY on board the vessel "GLEN CANYON BRIDGE" and as follows:
Brief Psychotic Disorder
in addition to that, I [the word RELEASE is handwritten on the blank space provided]. (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 myself, my 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 [sic] 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 also agree that my employment onboard the [sic] is subjected [sic] to the Laws of Philippines the application of which I hereby elect. I further agree that any disputes arising from this settlement agreement shall be referred to the competent court of authorities of the Manila, Philippines, to the exclusion of any other forum.
I hereby warrant and affirm that all persons, including (but not limited to) any minor children and dependents, entitled to assert a claim by reason of the injury/illness/death of DONDE A. DASOY have been properly provided for under the terms of this release.
I agree that in case I violate the terms and conditions of this Release of All Rights, willfully [sic] 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 "GLEN CANYON BRIDGE" and their successors-in-interest is not an admission of any liability whatsoever on their part.
I also admit that I was provided the necessary and adequate medical attention by shipowners and all hospital and medical bills were paid by them.
Lastly, I certify that the contents of this Release have been translated to me in my national language/local dialect, which is Filipino, 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 in signing this Release I am, among other things, now settling in full for all rights which I now have arising from my injury/illness/death of DONDE A. DASOY 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 CLAIMANT IN HIS
A. Have you read this paper from beginning to end? [the word YES is handwritten on the blank space provided]
B. Do you know what this paper you are signing? [the word YES is handwritten on the blank space provided]
C. What is this paper you are signing? [the words RELEASE OF ALL RIGHTS are handwritten on the blank space provided]
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? [the word YES is handwritten on the blank space provided] aScITE
E. Do you know that signing this Release settles and ends EVERY right or claim you may have, whether it be based on contract, tort or on other grounds? [the word YES is handwritten on the blank space provided]
Therefore, I am signing my name upon the words THIS IS A RELEASE and alongside the seal, which is printed below and which is adopted by me as my own, to show that I mean everything that is said on this paper." (Emphases supplied)
WHEREFORE, finding the above Release of All Rights to be validly executed and not contrary to law, morals, good customs, public policy, and public order, the same is hereby APPROVED. Judgment is accordingly rendered in accordance therewith. The parties are enjoined to strictly comply with the foregoing terms and conditions. The instant case is hereby DISMISSED and TERMINATED. No pronouncement as to costs.
Appeal Bond No. BD-NIL-HO-11-0085878-00-D 5 dated September 23, 2011 issued by Pioneer Insurance & Surety Corporation in the sum of P2,694,489.72, filed by petitioners Wilhelmsen Smith Bell Manning, Inc., Wilhelmsen Shipmanagement, Ltd., and/or Ms. Noemi F. Dionisio is hereby ORDERED CANCELLED.
SO ORDERED."
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 162-164.
2.Id. at 167-169. The parties likewise attached the Affidavit of Claimant and Receipt of the Payment both dated October 10, 2017 (id. at 178-180), and a photocopy of the check and payment voucher No. PV1710/140 both dated October 9, 2017 (id. at 181).
3.Id. at 170-173.
4.Id. at 174-177.
5. Per the Satisfaction of Judgment/Joint Motion to Dismiss with Motion to Cancel Appeal Bond; see id. at 168.