6/5/2020
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Honorable Commission (Fourth Division) dated 24 August 2011 and 4
October 2011 respectively, herein complainant has no further claims against
respondents Philippine Transmarine Carriers, Inc./Mr. Carlos C. Salinas
and/or Norwegian Crew Mangament A/S and will no longer pursue the
execution proceedings he initiated by virtue of the judgment award of the
NLRC.
4. That this Satisfaction of Judgment is without prejudice to herein
respondents' Petition for Certiorari pending with the Court of Appeals
docketed as case entitled "Philippine Transmarine Carriers, Inc./Mr. Carlos C.
Salinas and/or Norwegian Crew Mangament A/S vs. NLRC and Cesar C.
Pelagio" and this Satisfaction of Judgment is being made only to prevent
imminent execution being undertaken by the NLRC and complainant.[55]
On the other hand, the Receipt for Payment executed by Pelagio provides:
Received from DEL ROSARIO & DEL ROSARlO Citibank Check No.
1000006094 dated 20 December 2011 in the sum of Three Million Three
Hundred Thirteen Thousand Seven Hundred [Seventy-Two] Pesos
(PHP3,313,772.00) payable to Cesar C. Pelagio, in full and complete
payment of the judgment award. That payment is hereby made to the
complainant only to prevent imminent execution of the Decision and the
Resolution of the NLRC (Fourth Division) dated 24 August 2011 and 4
October 2011 docketed as NLRC LAC Case No. M-05-000458-11-M/NLRC
NCR Case No. 09-13299-10-M case entitled "Cesar C. Pelagio vs.
Transmarine Carriers, Inc. et al." This payment is also understood to be
without prejudice to the pending Petition for Certiorari filed by the
respondents before the Court of Appeals, case entitled "Philippine
Transmarine Carriers, Inc. and/or Mr. Carlos C. Salinas and Norwegian Crew
Management A/S versus National Labor Relations Commission and Cesar C.
Pelagio.
I hereby certify and warrant that if any other person will claim from the
vessel, her Owners, manager, charterers, agents or P & I Club his
compensation/damages in connection with my illness, I shall hold said
vessel/persons free and harmless from any and all claims and liabilities
whatsoever.[56]
Finally, pertinent parts of the Affidavit of Claimant executed by Pelagio states:
3. That in connection with my claim, I have discussed this matter with my
lawyer (Valmores and Valmores Law Offices-Atty. Romulo P. Valmores/Atty.
Christopher Rey P. Valmores) and Del Rosario & Del Rosario and the
manning agents and after discussion, to my full and complete satisfaction, I
have freely and voluntarily agreed to a full and final payment of all my past,
present and future claims against the vessel MV Drive Mahone her Owners,
agents and operators in an amount not exceeding US$77,000.00 or its
equivalent in Philippine currency. That I understand that payment is hereby
being made by the shipowners/manning agents to me only to prevent
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