G.R. No. L-22226 October 14, 1968
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 Ex-Oficio Sheriff of Manila; and BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION, respondents.

FACTS

Petitioner Pacific Tug & Salvage Corporation of Panama and respondent Bank of America National Trust and Savings Association, along with Top Service, Inc., filed a Joint Manifestation and Petition to Dismiss. They manifested that on July 24, 1968, respondent Bank of America transferred all its rights, interests, and claims over the vessel “PACIFIC RESERVE” to Top Service, Inc. Top Service, Inc. was substituted as the party plaintiff in the related civil case (Civil Case No. 55484) pending before the Court of First Instance of Manila, Branch IX. Petitioner Pacific Tug had no objection to this substitution. The parties agreed to have their dispute over the vessel resolved in the said case pending before the Court of First Instance of Manila, as petitioner was no longer interested in prosecuting the instant petition before the Supreme Court. They noted that the Supreme Court had already dissolved the Writ of Preliminary Injunction it issued on May 18, 1964, due to petitioner’s failure to file the required bond. To avoid further delay, the parties jointly moved for the dismissal of the instant petition, including all claims alleged therein against each other.

ISSUE

Whether the Supreme Court should grant the Joint Manifestation and Petition to Dismiss filed by the parties.

RULING

Yes. The Supreme Court granted the Joint Manifestation and Petition to Dismiss. The petition was dismissed without pronouncement as to costs.