Sweet Lines vs. Court of Appeals, 121
SCRA 769, G.R. No. L-46340, April 28, 1983
Subject: Transportation Law
FACTS
Private respondents purchased first- class
tickets from petitioner at the latter's office in Cebu City. They were to board
petitioner's vessel, M/V Sweet Grace, bound for Catbalogan, Western Samar.
Instead of departing at the scheduled hour of about midnight on July 8, 1972,
the vessel set sail at 3:00 A.M. of July 9, 1972 only to be towed back to Cebu
due to engine trouble, arriving there at about 4:00 P.M. on the same day. Repairs
having been accomplished, the vessel lifted anchor again on July 10, 1972 at
around 8:00 A.M.
Instead of docking at Catbalogan, which was
the first port of call, the vessel proceeded direct to Tacloban at around 9:00
P.M. of July 10, 1972. Private respondents had no recourse but to disembark and
board a ferryboat to Catbalogan.
Hence, this suit for damages for breach of
contract of carriage which the Trial Court, affirmed by respondent Appellate
Court. Hence this petition.
ISSUE
Whether or not the owner of the vessel and the
ship agent is liable for the acts of the captain for damages for by-passing a
court of call without previous notice.
RULING
Yes, the owner of the vessel and the ship
agent is liable for the acts of the captain for damages for by-passing a court
of call without previous notice.
Article 614 of the Code of Commerce states
that a captain who, having agreed to make a voyage, fails to fulfill his
undertaking, without being prevented by fortuitous event or force majeure,
shall indemnify all the losses which his failure may cause, without prejudice
to criminal penalties which may be proper.
In this case, there was no fortuitous event or
force majeure which prevented the vessel from fulfilling its undertaking of
taking private respondents to Catbalogan. The voyage to Catbalogan was
"interrupted" by the captain upon instruction of management. The
"interruption" was not due to fortuitous event or for majeure nor to
disability of the vessel. Having been caused by the captain upon instruction of
management, the passengers' right to indemnity is evident. The owner of a
vessel and the ship agent shall be civilly liable for the acts of the captain.
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