Case Digest: Peralta de Guerrero, et. al. vs. Madrigal Shipping Co., G.R. No. L-12951

Peralta de Guerrero, et. al. vs. Madrigal Shipping Co., G.R. No. L-12951, November 17, 1959

FACTS

On April 30, 1957, the wife and daughter of Pacifico Acacio, plaintiffs herein, filed a complaint against defendant corporation alleging that on November 1, 1949 Pacifico Acacio entered into a contract of carriage with defendant whereby for certain consideration the latter undertook to carry the former on it vessel "M.S. Regulus" from Malangas, Zamboanga, to the City of Manila; that while the vessel was passing San Jose, Antique, its crew without taking the necessary precaution managed and steered the same in a reckless and imprudent manner thereby causing the vessel to capsized and resulting to the death of Pacifico Acacio.

Defendant filed a motion to dismiss on the ground that plaintiff's cause of action has already prescribed. It contended that they should have filed the action within six years from the time of the alleged breach of contract, or on November 1, 1955, or more than 7 years thereafter, the complaint was filed out of time.

The lower court sustained the motion holding that since the nature of the action is one for recovery of damages which is not based on a written contract, the action is already barred by the statute of limitations. Hence, the present appeal.

ISSUE

Whether or not the allegation of the complaint shows that the cause of action of plaintiffs is merely for recovery of damages, as found by the trial court.

RULING

No.

Under the law (Art 1318, NCC), there is no contract unless the following requisites concur: (1) consent of the contracting parties; (2) object certain which is the subject matter of the contract; (3) cause of the obligation which is established.

In this case, the complaint would show that appellant’s cause of action is predicated upon the failure of appellee to comply with its contract of carriage. It is true that the complaint does not in so many words state that the transportation was undertaken by virtue of a written contract of carriage, but this can be implied. The ticket is in itself a complete written contract by and between the shipper and the passenger. It has all the elements of a complete contract, namely: (1) the consent of the contracting parties manifested by the fact that the passenger board the ship and the shipper consents or accepts him in the sip for transportation; (2) cause or consideration which is the fare paid by the passenger as stated in the ticket; and (3) object, which is the transportation of the passenger from the place of departure to the place of destination which are stated in the ticket.