Julius
C. Ouano vs. CA and San Miguel, G.R. No. 142025, July 4, 2002
Subject: Transportation Law
FACTS
San Miguel
Corporation (SMC) entered into a Time Charter Party Agreement with Julius
Ouano's J. Ouano Marine Services for the M/V Doa Roberta from June 1, 1989, to
May 31, 1991, to transport SMC's beverage products. The agreement held Ouano
responsible for crew negligence and shortlanded shipments. On November 12,
1990, despite Typhoon Ruping warnings, SMC issued sailing orders to Captain
Inguito, leading to the sinking of M/V Doa Roberta on November 13, 1990. Ouano
alleged SMC's negligence, initiating legal proceedings. Ouano, in lieu of the
deceased captain, filed a Marine Protest. In response, Ouano filed an answer
with cross-claim, alleging SMC's negligence as the proximate cause. The trial
court found SMC liable, but both SMC and Ouano appealed.
ISSUE
Whether or not the petitioner
is liable for the loss of the M/V Doa Roberta, the deaths of its crew, and
damages to the cargo.
RULING
Yes, Ouano was held
vicariously liable for Captain Inguito's negligence, lacking due diligence in
selection and supervision. The Supreme Court upheld the appellate decision,
affirming Ouano's liability, but absolving SMC of responsibility. Ouano was
ordered to pay damages to the heirs of officers and crew members, excluding
Captain Sabiniano Inguito, and indemnify SMC for cargo damages amounting to
P10,278,542.40. The ruling emphasized Ouano's failure to ensure the vessel's
seaworthiness and his vicarious liability for Captain Inguito's negligence,
while dismissing SMC's liability for the sinking.
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