Yangco vs. Laserna, 73 Phil. 330, G.R. No. L-47447-47449, October 29, 1941
Subject: Transportation Law
FACTS
The steamer S.S. Negros,
belonging to petitioner, Teodoro R. Yangco, left the port of Romblon on its
return trip to Manila. Typhoon signal No. 2 was up, of which the captain was
duly advised, however, the vessel proceeded to set sail.
The boat encountered strong winds
and rough seas. As the sea became increasingly violent, the captain ordered the
vessel to turn left, evidently to return to port, but in the maneuver, the
vessel was caught sidewise by a big wave which caused it to capsize and sink.
The respondents instituted in CFI of
Capiz separate civil actions against the petitioner to recover damages for the
death of their loved ones. The court awarded the heirs of Antolin and
Victorioso Aldana the sum of P2,000; the heirs of Casiana Laserna, P590; and
those of Genaro Basana, also P590.
After the rendition of the judgment
to this effect, the petitioner by a verified pleading, sought to abandon the
vessel to the plaintiffs in the three cases, together with all its equipment,
without prejudice to his right to appeal. The abandonment having been denied,
an appeal was taken to the Court of Appeals, wherein all the judgments were
affirmed except that which sums were increased to P4,000.
Petitioner, now deceased, appealed
and is here represented by his legal representative.
ISSUE
Whether or not the shipowner or
agent, notwithstanding the total loss of the vessel as a result of the
negligence of its captain, be properly held liable in damages for the
consequent death of its passengers.
RULING
No, the shipowner
cannot be properly held liable.
Under the law, the agent shall be
civilly liable for the indemnities in favor of third persons which arise from
the conduct of the captain in the care of the goods which the vessel carried;
but he may exempt himself therefrom by abandoning the vessel with all her
equipment and the freight he may have earned during the voyage.
In this case, it is a fact that the
ill-fated steamship Negros, as a vessel engaged in interisland
trade, is a common carrier and that the relationship between the petitioner and
the passengers who died in the mishap rests on a contract of carriage. Assuming
that the petitioner is liable for a breach of contract of carriage, the
exclusively "real and hypothecary nature" of maritime law operates to
limit such liability to the value of the vessel, or the insurance thereon, if
any. However, it does not appear that the vessel was insured. The abandonment
of the vessel sought by the petitioner is immaterial. The vessel having
perished, any act of abandonment would be an idle ceremony. Therefore, the
petitioner cannot be properly held liable in damages for the consequent death
of its passengers.
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