Heirs of Santos vs. Court of Appeals, 186 SCRA 649, G.R. No. 51165, June 21, 1990
Subject: Transportation Law
FACTS
This is a complaint originally filed on
October 21, 1968 and amended on October 24, 1968 by the heirs of Delos Santos
and others as pauper litigants against the Compania Maritima, for damages due
to the death of several passengers as a result of the sinking of the vessel of
defendant, the M/V 'Mindoro' when it met typhoon 'Welming' on the Sibuyan Sea,
Aklan on November 4, 1967.
The plaintiff of the case alleged that the
ship was overloaded evidenced by letters, radiograms, stenographic notes and
corroborated testimonies of surviving passengers of M/V Mindoro.
Defendants alleged that the ship's compliment
(sic) and crew were all complete and the vessel was in seaworthy condition. If
the M/V Mindoro' sank, it was through force majeure.
The trial court sustained the position of
private respondent Compania Maritima in view of lack of sufficient evidence,
the case be, as it is hereby DISMISSED. The counterclaim was also DISMISSED.
On appeal, the appellate court affirmed the
decision of trial court. While it found that there was concurring negligence on
the part of the captain which must be imputable to Maritima, the CA ruled that
Maritima cannot be held liable in damages based on the principle of limited
liability of the shipowner or ship agent under Article 587 of the Code of
Commerce.
ISSUE
Whether or not Article 587 of the Code of
Commerce is only for the goods which the vessel carries and do not include the
passengers.
RULING
No, Article 587 of the Code of Commerce does
not apply only for the goods but also include the passengers.
Under the law, a shipowner or agent has the right of abandonment; and by
necessary implication, his liability is confined to that which he is entitled
as of right to abandon-"the vessel with all her equipment and the freight
it may have earned during the voyage".
In this case, contrary to the petitioners' supposition, the limited
liability doctrine applies not only to the goods but also in all cases like
death or injury to passengers wherein the shipowner or agent may properly be
held liable for the negligent or illicit acts of the captain. Article 587
speaks only of situations where the fault or negligence is committed solely by
the captain. In cases where the shipowner is likewise to be blamed, Article 587
does not apply instead it shall be covered by the provisions of the New Civil
Code on Common Carriers. Evidence on record shows that Maritima's lack of
extraordinary diligence coupled with the negligence of the captain as found by
the appellate court were the proximate causes of the sinking of M/V Mindoro. Hence,
Maritima is liable for the deaths and injury of the victims.
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