Philippine Supreme Court Resolutions > Year 2007 > July 2007 Resolutions > [G.R. No. 176969 : July 09, 2007] CHRISTIAN AGUILAR, ARMELIA AGUILAR AND CARLO AGUILAR V. CATHAY PACIFIC AIRWAYS LIMITED :

Quoted hereunder, for your information is a resolution of this Court dated 09 July 2007:

G.R. No. 176969 (Christian Aguilar, Armelia Aguilar and Carlo Aguilar v. Cathay Pacific Airways Limited)


Before Us is a Joint Motion^[1] to Approve the Compromise Agreement, entered into by petitioner Cathay Pacific Airways, Ltd. and respondents Christian Aguilar, Armelia Aguilar and Carlo Aguilar, assisted by their respective counsels, stating that:

RECEIPT, RELEASE AND QUITCLAIM

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, on October 24, 1995, we, Spouses CHRISTIAN and ARMELIA AGUILAR and our son, CARLO AGUILAR (collectively referred to as the "Aguilars"), all of legal age, Filipinos, residents of Las Pi�as, Metro Manila, instituted a Complaint for breach of contract of carriage with damages dated September 21. 1995 against CATHAY PACIFIC AIRWAYS, LTD., which was docketed as Civil Case No. LP-95-030 lodged, before the Regional Trial Court of Las Pi�as, Branch 275 and entitled "Christian Aguilar, Armelia Aguilar and Carlo Aguilar vs. Cathay Pacific Airways. Ltd.":

WHEREAS, the Aguilars' causes of action arose when they were not allowed to board Cathay Pacific Airways. Ltd.'s Flight CX 903/August 6, 1995/Hongkong-Manila and other related claims arising from said incident all of which were alleged in their September 21, 1995 Complaint,

WHEREAS, in a Decision dated January 10, 2000, the Regional Trial Court of Las Pi�as, Branch 275 rendered judgment in favor of the Aguilars and ordered Cathay Pacific Airways, Ltd., to pay the Aguilars Php500,000.00 as moral damages:Php500,000.00 as exemplary damages; Php50,000.00 attorney's fees and costs:

WHEREAS, on January 31, 2000, Cathay Pacific Airways. Ltd, appealed the Regional Trial Court's January 10, 2000 Decision to the Court of Appeals. The appeal was docketed as CA- G.R. CV No.66462:

WHEREAS, the Court of Appeals (Tenth Division) promulgated a Decision dated November 22, 2006, the dispositive portion of which reads:

WHEREFORE, PREMISES CONSIDERED, the instant appeal is hereby AFFIRMED. However, the award of damages in favor of the plaintiffs-appellees is MODIFIED as follows:

1. The amount awarded as Moral damages remains at P500,000.00;
2. Exemplary damages in the amount of P500,000.00 is hereby reduced to P150,000;
3. Attorney's fees is likewise reduced to P30,000

The above award of damages shall earn interest at the rate of 6% computed from the date of the rendition of the decision, pursuant to the case of Philippine Air Lines vs. Court of Appeals (275 SCRA 631).

SO ORDERED.

WHEREAS, to maintain goodwill, promote better understanding and avoid a protracted, tedious and expensive litigation, we, the Aguilars agreed to receive SIX HUNDRED EIGHTY THOUSAND PESOS (Php 600,000.00), Philippine Currency, and waive the interest that was awarded by the Court of Appeals in CA G.R. CV No. 66462. On the other hand, Cathay Pacific Airways. Ltd. will no longer elevate/appeal to the Supreme Court the November 22, 2006 Decision of the Court of Appeals in CA G.R. CV No. 66462.

NOW, THEREFORE, for and in consideration of the foregoing premises, and the receipt, release and quitclaim herein set forth, we, the Aguilars. our heirs, assigns, successors-in-interest. agents, and representatives confirm and acknowledge the receipt from Cathay Pacific Airways, Ltd. of the aggregate sum of SIX HUNDRED EIGHTY THOUSAND PESOS (Php680,000.00), Philippine Currency, as evidenced by the crossed Citibank Paseo de Roxas. Makati City Check No. 1000006811 dated April 27, 2007, which pursuant to our categorical instruction, is made payable to the order of CHRISTIAN AGUILAR, which represents the full, complete, absolute and final amicable settlement of any and all claims the Aguilars, our heirs, assigns, successors-in-interest, agents, and/or representatives may have had against Cathay Pacific Airways, Ltd, its directors, officers, principals, stock holders, employees, agents, assigns, successors-in-interest, partners, affiliates, subsidiaries, and/or related companies, arising out of or on account of or in connection with, the cause or causes of action alleged in the Aguilars' September 21, 1995 Complaint in Civil Case No. LP-95-030.

We, the Aguilars, absolutely and irrevocably release and discharge Cathay Pacific Airways. Ltd., its directors, officers, principals, stockholders, employees, agents, assigns, successors-in-interest, partners, affiliates, subsidiaries and/or related companies from any and all manner of claims, actions, causes of action, sums of money, accounts, damages, claims or demands whatsoever which the Aguilars ever had, now have, or which, they, their representatives, assigns, agents, heirs, executors and administrators, hereafter can, shall or may have by reason of or arising out of or on account of, or in connection with Civil Case No. LP-95-030, and CA G.R. CV No. 66462. We, the Aguilars bind ourselves, absolutely and irrevocably, to withdraw and not to pursue any claim of any nature whatsoever, cause or causes or right of action, against Cathay Pacific Airways. Ltd, its directors, officers, principals, stockholders, agents, assigns, successors-in-interest. partners, affiliates, subsidiaries and/or related companies, arising thereunder or in connection therewith, and further declare such charge, claim, demand, cause or causes of action, to be wholly and forever satisfied and extinguished, including any and all legal or judicial interests, fees and other charges.

We, the Aguilars, hereby reiterate that we expressly waive the Court of Appeals award for legal interest.

We, expressly agree and commit that, by virtue of the settlement amount herein provided, we consider our claims and causes of action in connection with Civil Case No. LP-95-030 and CA G.R. CV No. 66464 to be fully satisfied and extinguished. In this connection, we expressly give our full consent to the dismissal and/or withdrawal with prejudice of all such cases.

We make these commitments with the full understanding that the aforementioned consideration by way of amicable settlement is in no way an admission of fault or liability on the part of Cathay Pacific Airways Ltd., its directors, officers, principals, stockholders, employees, agents, assigns, successors-in-interest, partners, affiliates, subsidiaries and/or related companies. Cathay Pacific Airways. Ltd., acceded to this settlement for the sole purpose of having peace and limiting legal expenses and costs.

Finally, we hereby certify that we have voluntarily and knowingly executed this Receipt, Release and Quitclaim with full understanding of its terms and conditions and concomitant legal consequences and implications.

IN WITNESS WHEREOF, we have hereunto set our hands at Alabang City on this 4th day of May 2007.

CHRISTIAN A. AGUILAR	ARMELIA AGUILAR
Passenger/Claimant	Passenger/Claimant

CARLO AGUILAR

Passenger/Claimant

PATDU-AGUILAR LAW FIRM
Counsel for the Aguilars
7 Estanislao Street
Lakeview Homes, Putatan
Muntinlupa City

C. WEDNESDAY N. PATDU-AGUILAR
IBP No. 678913, January 3, 2007,
Pasay-Para�aque-Las Pinas-Muntinlupa
PTR No. 0096090, January 4, 2007, Muntinlupa City
Roll No. 40131, May 2, 1995.^[2]

Finding the above-quoted Compromise Agreement to be in order and not contrary to law, public morals and public policy, the same is hereby APPROVED. The parties are hereby enjoined to comply strictly with and in good faith, as well as with sincerity and honesty of purpose, the terms, conditions and stipulations therein contained.

Further, considering that the aforequoted agreement has been satisfactorily complied with by the parties, as evidenced by the attached acknowledgement receipt, this case is now considered CLOSED AND TERMINATED.

SO ORDERED.