Hence, the present petition for review on certiorari anchored upon the following
grounds:
I
THE LOWER
COURT ERRED WHEN IT FOUND THE DEFENDANT LIABLE TO PLAINTIFF
S CLAIM SOLELY ON THE BASIS OF PARAGRAPH 3OF THE AFFIDAVIT OF
UNDERTAKING EXECUTED BY THE DEFENDANT ON APRIL 10, 1987.
II
THE LOWER COURT ERRED WHEN IT FOUND THE DEFENDANT
LIABLE TO PLAINTIFFS CLAIM NOTWITHSTANDING THE FINDING OF
THE SUPREME COURT IN THE CASE OF SEAGULL MARITIME
CORPORATION, ET AL. VS. NERRY BALATONGAN, ET AL. G. R. NO. 82252,
February 28, 1989) THAT PLAINTIFF HAD BEEN NEGLIGENT IN THE
PERFORMANCE OF ITS OBLIGATION TOWARDS SEAMEN NERRY
BALATONGAN.10 (Underscoring in the original)
As earlier stated, SEAGULL was the manning agent of NAVALES which was acting
for and on behalf of OYSTER SHIPPING, TURTLE BAY SHIPPING and KOALA
SHIPPING. Upon the other hand, SEASCORP was the manning agent of NAVALES
which was acting for and on behalf of ARAWA BAY SHIPPING.
When on April 10, 1987, SEASCORP, in compliance with the requirements of
POEA in connection with its application for registration as manning agent of NAVALES,
submitted its Affidavit of Understanding stating that it was able willing and ready to
assume any and all liabilities that may arise or that may have arisen with respect to
seamen recruited and deployed by SEAGULL . . . for NAVALES . . ., SEASCORP could
only have referred to liabilities that may arise or have arisen with respect to seamen it
recruited and deployed for NAVALES acting for and on behalf of ARAWA BAY
SHIPPING. For SEAGULL could not have recruited and deployed any seamen for
NAVALES acting for and on behalf of ARAWA BAY SHIPPING because the Manning
Agreement SEAGULL entered into with NAVALES covered the recruitment of seamen
only forTURTLE BAY SHIPPING, OYSTER BAY SHIPPING and KOALA SHIPPING on
whose behalf NAVALES was therein acting.
There is no doubt that the general rule is that when the terms of a contract are clear
and unambiguous about the intention of the contracting parties, the literal meaning of its
stipulations shall control. That is the mandate of Article 1370 of the Civil Code which
provides:
ART. 1370. If the terms of a contract are clear and leave no doubt upon the intention
of the contracting parties, the literal meaning of its stipulations shall control.