Facts:

In the case at hand, petitioner Aboitiz Shipping Corporation (Aboitiz) seeks to review the decision of the Court of Appeals pertaining to the complaint filed by the private respondents, Lucila C. Viana and her late husband Anacleto Viana’s heirs, including SPS. Antonio Viana and Gorgonia Viana, along with Pioneer Stevedoring Corporation (Pioneer). The events unfolded on May 11, 1975, when Anacleto Viana, who was 40 years old at the time, boarded the M/V Antonia, a vessel owned by Aboitiz at the port of San Jose, Occidental Mindoro, paying a ticket fee of P23.10. He was a passenger on the vessel, which arrived at Pier 4, North Harbor, Manila on May 12, 1975. Upon arrival, Aboitiz provided a gangplank for passengers to disembark; however, Anacleto decided instead to disembark from the third deck of the vessel, which was on the same level as the pier.

At this point, Pioneer Stevedoring Corporation had taken over exclusive control of the cargo onboard pursuant to a Memorandum of Ag

...

Facts:

Background and Voyage Details

• On May 11, 1975, Anacleto Viana purchased a ticket (No. 117392) for P23.10 and boarded the vessel M/V Antonia owned by Aboitiz Shipping Corporation at the port of San Jose, Occidental Mindoro.
• The vessel was bound for Manila, and on May 12, 1975, it arrived at Pier 4, North Harbor, Manila, where passengers disembarked using a gangplank provided by the carrier.

Disembarkation and Unloading Operations

• Instead of using the designated gangplank, Viana disembarked via the third deck, which was on the same level as the pier.
• After all passengers had left, approximately one (1) hour later, Pioneer Stevedoring Corporation, as per the memorandum of agreement dated July 26, 1975, took exclusive control of the vessel’s cargoes.
• A crane, owned and operated by Pioneer’s employee Alejo Figueroa, began unloading cargoes from the vessel.

The Accident and Subsequent Death

• Viana, recalling that some of his cargoes were still onboard, returned to the vessel to point the crew to his cargoes.
• During this action, the crane struck him, pinning him between the vessel’s side and the crane.
• Viana was rushed to the hospital and subsequently died on May 15, 1975. His death was medically attributed to “hypostatic pneumonia secondary to traumatic fracture of the pubic bone lacerating the urinary bladder.”

Damages, Expenses, and Claims by the Parties

• Viana’s wife (plaintiff) incurred hospital, burial, and miscellaneous expenses totaling P9,800.00.
• His parents, Antonio and Gorgonia Viana (plaintiffs), received monthly support prior to his death and subsequently claimed additional damages for support.
• The private respondents (the Vianas) filed a complaint for damages against Aboitiz Shipping Corporation for breach of contract of carriage.
• Aboitiz argued that the vessel was under the exclusive control of Pioneer at the time of the accident and invoked the fellow-servant rule, contending that the crane operator was not its employee.
• Thereafter, Aboitiz filed a third-party complaint against Pioneer Stevedoring Corporation, alleging negligence on the part of its crane operator.

Trial Court and Subsequent Proceedings

• On April 17, 1980, the trial court rendered a decision ordering Aboitiz to pay the Vianas a series of damages including:
• P12,000.00 for the death of Viana
• P9,800.00 as actual damages
• P533,200.00 value of 10,664 cavans of palay
• P10,000.00 for attorney’s fees
• Additional amounts for parental support and moral damages
• Concurrently, the trial court ordered Pioneer to reimburse Aboitiz for the amounts paid.
• Both Aboitiz and Pioneer filed motions for reconsideration, arguing among other points:
• The trial court’s failure to find that Viana acted with gross negligence.
• The applicability (or lack thereof) of the doctrine enunciated in La Mallorca vs. Court of Appeals, et al.
• In an October 27, 1982 order, the trial court modified its judgment with respect to Pioneer by absolving it from liability concerning Viana’s death.
• On appeal, the Court of Appeals affirmed the trial court’s findings in favor of the Vianas, with modifications in the award for damages.

Arguments on Appeal by Aboitiz Shipping Corporation

• Petitioner's Contention on Applicable Doctrine
• Argued that the doctrine of La Mallorca should not apply since the factual situation was radically different.
• Contended that, given the one-hour lapse before the accident, Viana had ceased to be a passenger.
• Petitioner's Argument on Liability Despite Contributory Negligence
• Contended that the contributory negligence of Viana was the proximate cause of his death.
• Argued that the Court of Appeals erred in not applying Article 1762 of the New Civil Code.
• Petitioner's Alternative Argument on Third-Party Complaint
• Claimed that dismissing its third-party complaint against Pioneer was a reversible error.
• Asserted that Pioneer should be required to reimburse any damages Aboitiz might be ordered to pay.

Issue:

Applicability of the La Mallorca Doctrine

• Whether the rule enunciated in La Mallorca vs. Court of Appeals, which defines the continuity of the carrier-passenger relationship until a reasonable opportunity to disembark is given, applies in the present case given the passage of one hour after disembarkation.

Determination of Passenger Status

• Whether Viana, who was in the process of retrieving his cargo following disembarkation, still qualified as a passenger entitled to the carrier’s protection despite the lapse of time.

Liability for Damages – Contributory Negligence

• Whether Aboitiz Shipping Corporation can be held liable for damages even though Viana was found to be contributorily negligent, invoking issues related to the application of Article 1762 of the New Civil Code.

Approach to the Third-Party Complaint Against Pioneer Stevedoring Corporation

• Whether it was proper to dismiss Aboitiz’s third-party complaint against Pioneer instead of compelling Pioneer to reimburse Aboitiz for the damages awarded to the Vianas.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)