referred to as the FIRST PARTY, assisted by his counsel, Atty. Marcel G.
Silvestre;
- and
GERMAN MARINE AGENCIES, INC., a duly registered and licensed
manning agency, with principal office at No. 3912 General Macabulos Street,
Bangkal, Makati City, Philippines, herein represented by its counsel, ATTY.
FRANCISCO S. DE GUZMAN, and hereinafter referred to as the SECOND
PARTY,
WITNESSETH:
WHEREAS, the FIRST PARTY is the complainant in NLRC-NCR Case No.
ADJ (M) 94-092745 entitled: MATEO ALCANTARA vs. GERMAN MARINE
AGENCIES, INC., ET AL.;
WHEREAS, on July 25, 1997 a Decision was rendered in the abovementioned
case in favor of the FIRST PARTY by the Honorable Labor Arbiter RENATO A.
BUGARIN:
WHEREAS, the SECOND PARTY appealed the aforesaid Decision to the
National Labor Relations Commission (NLRC) and docketed as NLRC CA No.
013641-97;
WHEREAS, on June 24, 2000, a Resolution was issued by the National Labor
Relations Commission (NLRC), modifying the decision of the Labor Arbiter;
WHEREAS, on November 7, 2000, the SECOND PARTY filed a Petition for
Certiorari with the Court of Appeals. The same was, however, dismissed in the
Resolution dated November 10, 2000 issued by the Court of Appeals;
WHEREAS, on May 15, 2001, the SECOND PARTY filed [a] Petition for
Review with the Supreme Court. To date, the said petition is still pending before
the Supreme Court for its resolution;
WHEREAS, considering the length of time that this case has been pending, the
parties came to a decision of finally settling the instant case amicably.
NOW THEREFORE, premises considered, the FIRST PARTY and
the SECOND PARTY have by these presents decided to settle their differences
amicably and agree as follows;
1. The SECOND PARTY agrees and undertakes to pay the FIRST PARTY the
amount of US$9,172.88 in the form of Philippine National Bank Check Nos.
497997 and 497998 by way of full payment and satisfaction of all his claims that
may have arisen from or connected with his overseas employment.
2. The FIRST PARTY hereby acknowledges receipt of the said checks from
the SECOND PARTY, as evidenced by the signatures on the vouchers, copies of
which are hereto attached, marked as Annexes A and A-1 and made integral part
hereof.
3. The FIRST PARTY declares that he has no more claims or demands, monetary
or otherwise, against the SECOND PARTY, its directors, officers and employees
and its foreign employer, the same having been fully and finally settled to his
complete satisfaction and agrees to irrevocably release and absolutely discharge