Republic vs. Luzon Stevedoring Corporation, 21 SCRA 279, G.R. No. L21749, September 29, 1967
Subject: Transportation Law
FACTS
Barge
owned by Luzon Stevedoring Corporation was being towed down the Pasig River by
tugboats “Bangus” and “Barbero” which belongs to the same corporation. The
barge rammed against one of the wooden piles of Nagtahan Bailey Bridge, smashed
the post and caused the bridge to list. The river, at that time, was swollen
and the current swift, on account of the heavy downpour of Manila and the
surrounding provinces.
Republic
sued LSC for Actual and consequential damages caused by its employees amounting
to P192,561.72 CFI adjudge LSC liable in damages to the plaintiff-appellee
Republic of the Philippines. However, LSC directed the appealed before the SC
and contended that the lower court erred that the defendant-appellant had
exercised the diligence required in the selection and supervision of its
personnel to prevent injuries or damage, that the ramming of bridge was caused
by force majeure and that it is exorbitant and without factual basis that the
plaintiff, Republic of the Philippines entitled to damages amounting above.
ISSUE
Whether
or not the Republic is entitled for
damages.
RULING
Yes, the Republic is entitled for damages.
Under
the doctrine of res ipsa loquitor which means the thing speaks for itself. And
based on negligence, it essentially means that the circumstances surrounding
the case make it obvious that negligence occurred.
In
this case, it avails the appellant naught to
argue that the dolphins, like the bridge, were improperly located. Even if
true, these circumstances would merely emphasize the need of even higher degree
of care on appellant's part in the situation involved in the present case. The
appellant, whose barges and tugs travel up and down the river everyday, could
not safely ignore the danger posed by these allegedly improper constructions
that had been erected, and in place, for years. Therefore, LSC is liable.
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