ROBERTO G.

FAMANILA, petioner
VS.
THE COURT OF APPEALS (Spc. Fmr. Seventh Division) and BARBERSHIP
MANAGEMENT LIMITED and NFD INTERNATIONAL MANNING AGENTS,
INC. Respondents.

Facts:
NFD hired Roberto Famanila as messman for Hansa Riga a vessel registered and owned
by its principal and co-respondent, Barbership Management Limited. Famanila
complained of headache; while assisting in the loading operations while Hansa Riga was
decked at the port of Eureka, CA, USA experienced dizziness and subsequently
collapsed. He was diagnosed ;cerebral HA from receptive Aneurysm; thereafter he
underwent a brain surgery. Petitioner was repatriated to the Philippines due to his
condition and thereafter examined by Dr. Patricia Abesamis declared that he cannot go
back to sea duty and has been observed for 120 days, declared permanently, totally
disabled. Authorized representatives; convinced him to settle his claim by accepting the
amount of US $13,,200. Petitioner accepted as evidence by his signature in the receipt
Feb. 20,1991 release- wife Gloria and Richard acted as witness in the signing June
1997 – petitioner filed a complaint praying for an award of disability benefits.
.NCRC DISMISSED PRESCRIPTION CA DISMISSED LACK OF MERIT
Petitioners Claim: He did not sign the receipt and r e l e a s e v o l u n t a r i l y a f r e e l y
b e c a u s e h e w a s permanently disabled and in financial constraints; thus the same
vitiates the consent.

Issue:
Whether or not the contract is void and unenforceable as what the petitioners.

Held:
NO.
There is no proof on record that his consent was vitiated in account of his
disabilities.
Contracts: A vitiated consent does not make a contract void and unenforceable -
A vitiated consent only gives rise to a voidable agreement
Under the civil code, the vices of consent are mistake, violence, intimidation, undue
influences or fraud. If consent is given through any of the aforementioned vices of
consent, the contract is voidable.
Disability; disability is not among the factors that may vitiate consent.
Petitioner contends that his permanent and total disability vitiated his consent
to the receipt and release thereby rendering it void and unenforceable. However,
disability is not among the factor that may vitiate consent. Besides same petitioners self-
serving allegation there is no proof on record that his consent was vitiated an account of
his disability. In the absence of such proof of vitiated consent, the validations of the receipt
and release must be upheld.
Contract void and unenforceable a vitiated consent only gives rise to a voidable
agreement.
WHEREFORE, the petition is DENIED.