Case Digest (G.R. No. 15871)
Facts:
The Atlantic, Gulf & Pacific Company of Manila and Simmie & Gkilk v. Uchida Kisen Kaisha and Mitsui Bussan Kaisha; Vicente Madrigal, G.R. No. 15871. November 07, 1921, Supreme Court. Johnson, J., writing for the Court.Plaintiffs The Atlantic, Gulf & Pacific Company of Manila and Simmie & Gkilk sued to recover P300,000 as salvage compensation for raising the steamship Kyodo Maru and part of her cargo after the vessel was damaged and sank in Manila Harbor in October 1918. Defendants were the shipowners Uchida Kisen Kaisha and Mitsui Bussan Kaisha; Vicente Madrigal was sued as owner of the coal cargo. The Court of First Instance of the City of Manila awarded plaintiffs P140,000 against Uchida and Mitsui in solidum and dismissed the action as to Madrigal. Plaintiffs and Uchida and Mitsui appealed to this Court.
On October 21–23, 1918, a submerged lighter struck the Kyodo Maru while she was discharging 2,005 tons of coal (owned by Madrigal), perforating her hull; she settled in mud, with the forward half submerged. On October 23 plaintiffs took possession as salvors and began operations after submitting two compensation propositions to ship agents (P150,000 on success or P300,000 "no cure no pay"); plaintiffs were told proposals would be cabled to Japan but were asked to proceed. The vessel was afloat on October 30–31. The head office rejected the propositions by cable; plaintiffs demanded P150,000 while defendants offered P75,000; negotiations failed and plaintiffs sued (later reducing their claim in briefs).
During negotiations the salvors and defendants agreed the vessel would be freed from any salvors' lien in consideration of Mitsui's agreement to answer in solidum with Uchida for any final judgment. Plaintiffs claimed expenses (Exhibit A) totaling P63,074.45 and sought a large salvage award; defendants challenged the reasonableness of those expenses. The trial ...(Pro-only)
Issues:
- Under the applicable law, what is the proper amount of salvage compensation to which the plaintiffs are entitled?
- Is Vicente Madrigal, owner of the coal cargo, liable to contribute to the salvage award, and if so i...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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