The SPECIAL POWER OF ATTORNEY just as clearly stated that NAVALES, acting
for and on behalf of ARAWA BAY SHIPPING, named, constituted and appointed
SEASCORP as its attorney-in-fact.
To disregard the MANNING AGENCY AGREEMENT and the SPECIAL POWER
OF ATTORNEY in construing the affidavit as the appellate court did, thus upholding the
literal interpretation of the affidavit against affiant SEASCORP, despite the
circumstances under which it was accomplished, which circumstances throw light upon,
explain and restrict the terms of the affidavit, would sacrifice the substantial rights of
SEASCORP and thus work injustice, rather than promote justice.
Whether SEASCORPs employees merely copied the Affidavit from a copy of the
POEA, one fact is certain: SEASCORP was mistaken either through ignorance, lack of
skill, or negligence. The affidavit does not thus express the true intention of the parties.
In fine, SEASCORP could not have intended to assume the liabilities of SEAGULL
with respect to the latters predecessor PHILIMARE-recruiter of Balatongan because
the MANNING AGENCY AGREEMENT between NAVALES and SEASCORP and
the SPECIAL POWER OF ATTORNEY deemed incorporated therein clearly stated that
NAVALES was therein acting for and on behalf of ARAWA BAY SHIPPING, not for and
on behalf of TURTLE BAY SHIPPING on whose behalf NAVALES entered into a
Manning Agreement with PHILIMARE and later with SEAGULL.
WHEREFORE, the decision on review of the Court of Appeals is hereby
REVERSED and SET ASIDE and another rendered dismissing the Complaint of
respondent SEAGULL MARITIME CORPORATION.
SO ORDERED.
Puno, (Chairman), Panganiban, Sandoval-Gutierrez, and Corona, JJ., concur.
1
Rollo at 42-51.
2
Id. at 87-92.
3
Id. at 66.
4
Id. at 54-65.
5
Id. at 79-83.
6
Id. at 85.
7
Id. at 73-76.
8
Rollo at 84.
9
Vide note 2.
10
Id. at 20-21.