Case Digest: Aboitiz Shipping Corp. v. CA, GR No. 84458

Aboitiz Shipping Corp. v. CA, GR No. 84458 Nov. 6, 1989

Subject: Transportation Law

FACTS

Aboitiz Shipping Corporation, the petitioner, appealed a decision by the Court of Appeals dated July 29, 1988. The decision affirmed a modified judgment by the trial court, which ordered Aboitiz Shipping to pay the plaintiffs various amounts for damages. The case stemmed from an incident where Anacleto Viana, a passenger of Aboitiz's vessel M/V Antonia, disembarked from the vessel and was later struck by a crane operated by Pioneer Stevedoring Corporation, causing his death.

The undisputed facts established that Anacleto Viana had boarded M/V Antonia in San Jose, Occidental Mindoro, bound for Manila. Upon arrival at Pier 4, North Harbor, Manila, passengers disembarked, and a gangplank was provided for this purpose. However, Anacleto Viana disembarked on the third deck of the vessel, which was level with the pier, instead of using the gangplank. While the crane operated by Alejo Figueroa, an employee of Pioneer Stevedoring Corporation, was unloading cargoes from the vessel, Anacleto Viana returned to the vessel to point out where his cargoes were loaded. During this time, the crane struck him, pinning him between the vessel and the crane. He was taken to the hospital and later died from injuries.

The plaintiffs, including Anacleto Viana's wife and parents, filed a complaint against Aboitiz Shipping for damages, alleging a breach of the contract of carriage. Aboitiz Shipping, in its defense, denied responsibility, claiming that Pioneer Stevedoring Corporation had exclusive control of the vessel at the time of the accident and that the crane operator was not its employee. Aboitiz Shipping also filed a third-party complaint against Pioneer Stevedoring Corporation, seeking to hold it liable for Anacleto Viana's death.

ISSUE

Whether or not Aboitiz Shipping was negligent and liable for damages.

RULING

Yes.

Under the law, common carriers are, from the nature of their business and for reasons of public policy, bound to observe extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them, according to all the circumstances of each case. More particularly, a common carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with a due regard for all the circumstances. Thus, where a passenger dies or is injured, the common carrier is presumed to have been at fault or to have acted negligently.

In this case, Aboitiz Shipping failed to exercise the extraordinary diligence required of common carriers in ensuring passenger safety. While the victim was contributorily negligent, Aboitiz Shipping's inadequate precautions and failure to enforce safety measures were the proximate cause of the accident. The victim's contributory negligence did not absolve Aboitiz Shipping of liability.