6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly shall be allowed to file the necessary motion for the return or restitution of the amount unjustly paid. The parties’ covenants, as well as the acknowledgment by the seafarer of receipt in full of the judgment award, were embodied in a receipt of the judgment award with undertaking. The CA, upon being informed of the settlement, dismissed the petition for certiorari for being moot and academic. In support of the dismissal, the CA also relied on Career Philippines. In reversing and setting aside the order of dismissal issued by the CA, the Court in Transmarine wrote: In Career Philippines, believing that the execution of the LA Decision was imminent after its petition for injunctive relief was denied, the employer filed before the LA a pleading embodying a conditional satisfaction of judgment before the CA and, accordingly, paid the employee the monetary award in the LA decision. In the said pleading, the employer stated that the conditional satisfaction of the judgment award was without prejudice to its pending appeal before the CA and that it was being made only to prevent the imminent execution. The CA later dismissed the employer’s petition for being moot and academic, noting that the decision of the LA had attained finality with the satisfaction of the judgment award. This Court affirmed the ruling of the CA, interpreting the "conditional settlement" to be tantamount to an amicable settlement of the case resulting in the mootness of the petition for certiorari, considering (i) that the employee could no longer pursue other claims, and (ii) that the employer could not have been compelled to immediately pay because it had filed an appeal bond to ensure payment to the employee. Stated differently, the Court ruled against the employer because the conditional satisfaction of judgment signed by the parties was highly prejudicial to the employee. The agreement stated that the payment of the monetary award was without prejudice to the right of the employer to file a petition for certiorari and appeal, while the employee agreed that she would no longer file any complaint or prosecute any suit of action against the employer after receiving the payment. xxxx In the present case, the Receipt of the Judgment Award with Undertaking was fair to both the employer and the employee. As in Leonis Navigation, the said agreement stipulated that respondent should return the amount to petitioner if the petition for certiorari would be granted but without prejudice to respondent’s right to appeal. The agreement, thus, provided available remedies to both parties. It is clear that petitioner paid respondent subject to the terms and conditions stated in the Receipt of the Judgment Award with Undertaking. Both parties signed the agreement. Respondent neither refuted the agreement nor claimed that he was forced to sign it against his will. Therefore, the petition for certiorari was not rendered moot despite elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/59612 5/7