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respondent in his decision.[42] It should be noted that Lobusta sued Magsaysay
Maritime Corporation and/or Wastfel-Larsen Management A/S in his complaint.[43] He
also named them as the respondents in his position paper.[44] Petitioners are the
proper parties.
WHEREFORE, we DENY the present petition for review on certiorari and AFFIRM the
Decision dated August 18, 2006 of the Court of Appeals and its Resolution dated April
19, 2007 in CA-G.R. SP No. 74035. We ORDER petitioners Magsaysay Maritime
Corporation and/or Wastfel-Larsen Management A/S to pay respondent Oberto S.
Lobusta US$65,163 as total award, to be paid in Philippine pesos at the exchange rate
prevailing during the time of payment.
With costs against the petitioners.
SO ORDERED.
Corona, C.J., (Chairperson), Leonardo-De Castro, Del Castillo, and Mendoza, JJ.,
concur.
*Also referred to as Westfal-Larsen Management A/S.
?Designated additional member per Raffle dated February 10, 2010 vice Associate
Justice Lucas P. Bersamin who recused himself from the case due to prior action in the
Court of Appeals.
[1] Rollo, pp. 34-44. Penned by Associate Justice Santiago Javier Ranada with the
concurrence of Associate Justices Portia Aliño-Hormachuelos and Amelita G. Tolentino.
[2] Id. at 46-47. Penned by Associate Justice Portia Aliño-Hormachuelos with the
concurrence of Associate Justices Lucas P. Bersamin (now a Member of this Court) and
Amelita G. Tolentino.
[3] Id. at 11.
[4] Records, p. 50.
[5] Id. at 3.
[6] Rollo, p. 49.
[7] Id. at 34-35, 73.
[8] Id. at 74.
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