Title
Aboitiz Shipping Corp. vs. Court of Appeals
Case
G.R. No. 84458
Decision Date
Nov 16, 1989
Passenger disembarked but returned to vessel; struck by crane, died. Carrier Aboitiz held liable for breach of contract; Pioneer absolved.

Case Digest (G.R. No. L-6409)
Expanded Legal Reasoning Model

Facts:

  • Parties and Procedural History
    • Petitioner: Aboitiz Shipping Corporation (“Aboitiz”), carrier of M/V Antonia.
    • Private respondents: Lucila C. Viana, spouses Antonio and Gorgonia Viana (“the Vianas”), heirs of deceased passenger Anacleto Viana.
    • Third-party defendant: Pioneer Stevedoring Corporation (“Pioneer”), arrastre contractor under Memorandum of Agreement of July 26, 1975.
  • Accident and Consequences
    • Voyage and disembarkation
      • May 11–12, 1975: Anacleto boarded at San Jose, Occidental Mindoro, for Manila; purchased ticket for ₱23.10.
      • Vessel docked Pier 4, North Harbor; gangplank provided but passenger used third-deck exit.
    • Crane operation and fatal injury
      • One hour after passenger disembarkation, Pioneer’s crane began unloading cargo.
      • Anacleto re-boarded to point out his cargo; crane struck him, pinning him against vessel.
      • He was hospitalized (hypostatic pneumonia secondary to traumatic fracture with bladder laceration) and died May 15, 1975.
    • Expenses and losses
      • Medical, burial and miscellaneous: ₱9,800.00.
      • Estimated unearned income: 400 cavans of palay/year as farm supervisor; support to parents 20 cavans/month.
      • Mental anguish, moral damages, and attorney’s fees of ₱10,000.00.
  • Pleadings and Trial Court Proceedings
    • Complaint by Vianas: breach of contract of carriage; damages for death and other losses.
    • Aboitiz’s answer: denied liability; vessel under Pioneer’s control; invoked fellow-servant rule.
    • Third-party complaint by Aboitiz vs. Pioneer: negligence of crane operator.
    • Trial court decision (Apr 17, 1980): Aboitiz liable; Pioneer ordered to reimburse.
    • Trial court modification (Oct 27, 1982): Pioneer absolved for lack of proven negligence; Aboitiz liability maintained.
    • Court of Appeals (July 29, 1988): affirmed modified trial court judgment; adjusted damage amounts.
    • Petition for certiorari filed by Aboitiz before the Supreme Court.

Issues:

  • Whether Anacleto Viana remained a “passenger” of Aboitiz at time of accident, invoking the La Mallorca doctrine.
  • Whether Aboitiz, as common carrier, is liable for death under breach of contract of carriage despite contributory negligence.
  • Whether Aboitiz may recover from Pioneer under its third-party complaint for amounts paid the Vianas.
  • Whether the presumption of carrier negligence was rebutted by Aboitiz’s precautionary measures.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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