G.R. No. 111159 -

Ruling

WHEREFORE, premises considered, judgment is hereby rendered ordering defendants M/V Fylyppa, Sextant Maritime, S.A., P.V. Christensen Lines, Theil Bolvinkel, A.S., to pay plaintiffs jointly and severally, the following amounts: 1) Wages, allowances, medical expenses and overtime charges of the 25 Korean crewmen US$310,369.37; 2) To pay Shipmaster Ulstrup US$12,400.00 and Ship Superintendent Kim Jeong Seong US$4,500.00; 3) To plaintiff Nam Ung Marine Ltd., the amount of US$69,028.47 representing agent's fees and other expenses incurred for manning the defendant M/V Fylyppa during its last voyage; 4) The amount of US$12,500.00 representing repatriation expenses for the 25 Korean crewmen and US$2,000.00 each for Shipmaster Ulstrup and Ship Superintendent Kim Jeong Seong; 5) Moral damages for US$1,000.00 each in favor of the 25 Korean crewmen and US$2,000.00 each for the Shipmaster Ulstrup and Ship Superintendent Kim Jeong Seong; 6) Attorney's fees and expenses of litigation in the amount of US$60,000.00; 7) Interest at the rate of 12% per annum on all attorney's fees in favor of plaintiffs computed from October 19, 1985 in respect to the claims of plaintiffs crewmembers, and with respect to the claim of Shipmaster Ulstrup computed from December 25, 1985 and on the claim of Ship Superintendent Kim Jeong Seong computed from October 19, 1985. The awards granted herein in favor of plaintiffs to be paid in US dollars or its Philippine currency equivalent at the time of payment. Further ordering the counterbond posted by the intervenors DnC Limited and Bankers Trust Company and issued by Prudential Guarantee and Assurance, Inc. in the amount of P10,211,361.02 which is the equivalent of plaintiffs' maritime liens amounting to US$567,297.84, the said counterbond having been posted by intervenors in place of the which is the defendant vessel M/V Fylyppa, as liable to answer for all the awards in favor of plaintiffs. Granting, likewise, as it is hereby granted the Motion to Dismiss Complaint filed by JIBFAIR only; and denying as it is hereby denied, the Motion of Sextant Maritime to Lift Order of Default and the Motion of intervenors to lift writ of attachment, for lack of merit. SO ORDERED.