PACIFIC TUG & SALVAGE CORPORATION OF PANAMA, PETITIONER, VS. HON. RAMON O. NOLASCO, JUDGE OF BRANCH IX, COURT OF FIRST INSTANCE OF MANILA; MACARIO M. OFILADA, IN HIS CAPACITY AS…

Before the Court is a “Joint Manifestation and Petition to
Dismiss” dated September 14, 1968
and filed on October 1, 1968,
as follows:

“JOINT
MANIFESTATION

AND PETITION
TO DISMISS

COME NOW the petitioner Pacific Tug & Salvage Corporation of
Panama (hereinafter referred to as Pacific Tug) and respondent Bank of America
National Trust and Savings Association (hereinafter referred to as Bank of
America), and Top Service, Inc., through their respective undersigned counsel,
and to this Honorable Court respectfully state:

1. That per a document entitled ‘Transfer of Rights’ executed on
July 24, 1968, respondent Bank of America transferred, ceded and conveyed to Top
Service, Inc. all their rights, interests and claims of whatever nature over
the vessel ‘PACIFIC RESERVE’ subject of the instant petition and the action now
pending in Branch IX of the Court of First Instance of Manila, entitled ‘Bank
of America National Trust and Savings Association vs. Pacific Tug & Salvage
Corporation of Panama, et al.,’ Civil Case No. 55484.  A thermofax copy of
said document is hereto attached as annex ‘A’ and made an integral part hereof.

2. That in accordance with said document, Top Service, Inc. filed a
motion for substitution of party plaintiff Bank of America in the aforementioned
case pending in the Court of First Instance of Manila, which was approved by
the said Court per its order dated August 24, 1963, a thermofax
copy of which is hereto attached as Annex ‘B’ and made an integral part hereof.

3. That petitioner Pacific Tug has no objection to the substitution
of herein respondent Bank of America with Top Service, Inc., in the instant
case.

4. That petitioner Pacific Tug and respondent Bank of America
through its transferee, Top Service, Inc., have agreed to have their dispute
over the vessel ‘PACIFIC RESERVE’ resolved and decided in the case now pending
before branch IX of the Court of First Instance of Manila, as herein petitioner
is no longer interested in prosecuting the instant case before this Honorable
Court.  It may be significant to point
out that per the resolution issued by this Honorable Court dated July 24, 1968, the Writ of
Preliminary Injunction which it issued on May 18, 1964 against respondents was dissolved for failure
of herein petitioner to file the required bond.

5. That petitioner Pacific Tug and Top Service, Inc. (the latter as
transferee of respondent Bank of America), in order not to further delay the
resolution of their dispute over the said vessel by Branch IX of the Court of
First Instance of Manila, which has refused to continue the proceedings thereat
in view of the pendency of the instant petition
before this Honorable Court, have agreed to move for the dismissal of the
instant petition including the claims of whatever nature which each of the
parties had alleged therein against each other.

WHEREFORE, it is respectfully prayed by the herein parties that the
instant petition be dismissed without pronouncement as to costs.

Manila, September 14, 1968.

PACIFIC  TUG & SALVAGE                        BANK OF AMERICA

CORPORATION OF PANAMA        NATIONAL TRUST & SAVINGS ASSO.

THE BRADMAN
COMPANY,

INC. (in rubber stamp)

By:                                 
                                                                  By:

(SGD.)
ILLEGIBLE                                                                            (SGD.)
ILLEGIBLE

President (in rubber
stamp)/Agents

ASSISTED BY:                                                          ASSISTED BY:

OZAETA, GIBBS & OZAETA                                           LICHAUCO,
PICAZO & AGCAOILI

 By:                                                                  
                                By:

  
(SGD.) ILLEGIBLE                                                                                    SGD.)
ILLEGIBLE

Counsel for Pacific Tug and                                                                  Counsel for Bank of America

Salvage Corporation of Panama                                                            National Trust  & Savings

7th Floor, Insurance
Center Building                                                                 Association

Gen. Luna Street                                                                                    6th Floor, Padilla de los
Reyes Bldg.

Intramuros, Manila                                                                                  Juan Luna Street, Manila

TOP SERVICE INC.

By:

(SGD.)
ILLEGIBLE

ASSISTED BY:

TAÑADA, CARREON, &
TAÑADA

By:

(SGD.) WIGBERTO E. TAÑADA

Counsel
for Top Service, Inc.

6th
Floor, Consolidated Mines Bldg.

126
Ayala Avenue, Makati,
Rizal

P.O.
Box 4349, Manila”

Wherefore, the petition herein is hereby dismissed without
pronouncement as to costs.

SO ORDERED.

Concepcion, C.J., Reyes, J.B.L., Dizon, Makalintal, Castro,
Angeles, Fernando, and Capistrano, JJ., concur.

Zaldivar, J., is on leave.