Case Digest (G.R. No. L-51214)
Facts:
Doruelo v. Ministry of National Defense, G.R. No. 51214, January 26, 1989, Supreme Court Second Division, Sarmiento, J., writing for the Court.Petitioners Edgardo Doruelo (captain) and Anthony Estenzo (chief mate) challenged administrative determinations arising from a maritime collision on September 21, 1977 between the steel tanker LSCO Petroparcel (commanded by Capt. Doruelo) and the fishing boat MB Maria Efigenia XV (commanded by Patron Delfin Villarosa), owned and operated by respondent Maria Efigenia Shipping Corporation. The collision resulted in the sinking of MB Maria Efigenia XV and gave rise to twin marine protests and a Board of Marine Inquiry proceeding before the Philippine Coast Guard (PCG).
The PCG Board of Marine Inquiry issued a decision, dated November 21, 1978, finding the LSCO Petroparcel to have been the overtaking vessel and concluding that the testimony and circumstances supported the Board’s rejection of Capt. Doruelo’s version; it suspended Capt. Doruelo and Chief Mate Estenzo for two years and exonerated Patron Villarosa with admonishment. The petitioners appealed that decision to the Ministry of National Defense (MND).
The MND issued an indorsement/modified disposition (dated June 23, 1979) that affirmed the PCG decision but increased Capt. Doruelo’s suspension from two to three years, citing “verified information” that Capt. Doruelo had been involved in another sea collision and thus showed a propensity for reckless operation. Petitioners then sought relief in this Court, assailing ...(Subscriber-Only)
Issues:
- Are the factual findings of the Philippine Coast Guard Board of Marine Inquiry reviewable by the Court where they are supported by substantial evidence?
- Did the Ministry of National Defense commit reversible error by increasing Capt. Doruelo’s suspension based on information not contained in the record or d...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)