Negros Navigation v. CA, G.R.
No. 110398, November 7, 1997
Subject: Transportation Law
FACTS
In April of 1980, private
respondent Ramon Miranda purchased from the Negros Navigation Co., Inc. four
special cabin tickets (#74411, 74412, 74413 and 74414) for his wife, daughter,
son and niece who were going to Bacolod City to attend a family reunion. The
tickets were for Voyage No. 457-A of the M/V Don Juan, leaving Manila at 1:00
p.m. on April 22, 1980.
The ship sailed from the port of
Manila on schedule.
Unfortunately, Don Juan collided
off the Tablas Strait in Mindoro, with the M/T Tacloban City, an oil tanker
owned by the Philippine National Oil Company (PNOC) and the PNOC Shipping and
Transport Corporation (PNOC/STC). As a result, the M/V Don Juan sank. Several
of her passengers perished in the sea tragedy. The bodies of some of the
victims were found and brought to shore, but the four members of private
respondents' families were never found.
Private respondents filed a
complaint in RTC of Manila against Negros Navigation, PNOC, and PNOC/STC,
seeking damages for the death of Ardita de la Victoria Miranda, 48, Rosario V.
Miranda, 19, Ramon V. Miranda, Jr., 16, and Elfreda de la Victoria, 26.
RTC ruled in favor of private respondent and ordered the defendants (petitioner) to pay jointly and severally the damages. On appeal, CA affirmed RTC’s decision with some modification. Hence this petition.
ISSUE
Whether or not the crew members of petitioner are grossly negligent in the performance of their duties; and is Mecenas vs IAC is binding in this case.
RULING
Yes, the crew members of
petitioner are grossly negligent in the performance of their duties and the
decision promulgated by the court in Mecenas vs IAC is binding in this case.
Under the law, 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.
In this case, applying the
principle of stare decisis, decision on the Mecenas case was applicale. Negros
Navigation was found equally negligent in tolerating the playing of mahjong by
the ship captain and other crew members while on board the ship and failing to
keep the M/V Don Juan seaworthy so much so that the ship sank within 10 to 15
minutes of its impact with the M/T Tacloban City. In addition, the ship was overloaded
evidenced by the Certificate of Inspection issued by the Philippine Coast Guard
Commander at Iloilo City stated that the total number of persons allowed on the
ship was 864 but there were 1,004 on board the vessel when it sank. Taking
these circumstances together, and the fact that the M/V Don Juan, as the faster
and better-equipped vessel, could have avoided a collision with the PNOC
tanker, this Court held that even if the Tacloban City had been at fault for
failing to observe an internationally recognized rule of navigation, the Don
Juan was guilty of contributory negligence.
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