Sulpicio Lines vs. Curso, 615 SCRA 575, G.R. No. 157009, March 17, 2010
Subject: Transportation Law
FACTS
In October 1988, Dr. Cenon E. Curso boarded MV Dona
Marilyn of Sulpicio Lines, Inc., bound for Tacloban City. Due to Typhoon
Unsang, the ship sank. Dr. Curso's body, along with hundreds others, was not
recovered.
At the time of the ship's sinking, Dr. Curso was 48 years
old, and was a resident physician at the Naval District Hospital in Naval,
Biliran with a basic monthly salary of P3,940.00, and would have retired from
government service by December 20, 2004 at the age of 65.
The surviving brothers and sisters of Dr. Curso filed an
action for damages against Sulpicio Lines based on breach of contract of
carriage by sea.
RTC dismissed the complaint and said there was no basis
for the award of damages because the ship had sunk due to force majeure. The
RTC also held that the crew and officers acted with diligence and that there
was no basis to find the ship not seaworthy since the Special Board of Marine
Inquiry absolved Sulpicio Lines of any liability.
CA reversed RTC's findings, saying there was inadequate proof
to show Sulpicio Inc., as well as its officers and crew, exercised diligence
ISSUE
Whether or not the
brothers and sisters of a deceased passenger in a case of breach of contract of
carriage is entitled to an award of moral damages against the carrier.
RULING
No.
As a general rule,
moral damages are not recoverable in actions for damages predicated on a breach
of contract, unless there is fraud or bad faith. As an exception, moral damages
may be awarded in case of breach of contract of carriage that results in the
death of a passenger, in accordance with Article 1764, in relation to Article
2206 (3), of the Civil Code, which provide: "The spouse, legitimate and
illegitimate descendants and ascendants of the deceased may demand moral
damages for mental anguish by reason of the death of the deceased."
In this case, the brothers and sisters of Dr.
Curso are not entitled thereto due to the legislative intent to exclude them
from the recovery of moral damages for mental anguish by reason of the death of
the deceased, as can be seen from the omission of brothers and sisters from Article
2206 (3) of the Civil Code.
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