Case Digest (G.R. No. 172682)
Facts:
In Sulpicio Lines, Inc. vs. Napoleon Sesante, G.R. No. 172682, decided July 27, 2016 under the 1987 Constitution, the petitioner Sulpicio Lines, Inc., owner and operator of the passenger vessel M/V Princess of the Orient, was sued by respondent Napoleon Sesante, later substituted by his heirs Maribel Atilano, Kristen Marie, Christian Ione, Kenneth Kerrn, and Karisna Kate Sesante. On September 18, 1998 at around 12:55 p.m., the vessel sank near Fortune Island in Batangas amid Storm Signal No. 1, causing 150 deaths out of 388 passengers. Sesante, a PNP officer, survived after being pinned by cargo and tossed overboard by waves, suffering hunger, thirst, pain, fear, shock, anxiety, and loss of money, jewelry, documents, police uniforms, and his PNP-issued .45 pistol. He filed a complaint in the RTC of Quezon City for breach of the contract of carriage, alleging negligence and bad faith in sailing despite the storm signal, praying for actual damages of ₱500,000 and moral damages ofCase Digest (G.R. No. 172682)
Facts:
- Background
- On September 18, 1998, at about 12:55 p.m., the M/V Princess of the Orient, a passenger vessel operated by Sulpicio Lines, sank near Fortune Island, Batangas, amid stormy weather; of the 388 passengers, 150 perished.
- Napoleon Sesante, a PNP officer and lawyer, survived after being battered by waves, pinned by a steel bar, freeing himself on a subsequent wave, then swimming to shore; he suffered hunger, thirst, pain, fear, shock, anxiety and mental anguish, physical injuries, and loss of money, jewelry, documents, uniform and service pistol.
- Complaint and Defense
- Sesante sued for breach of contract of carriage and damages, alleging that the vessel sailed despite storm signals, that officers neglected to send distress calls and to oversee abandonment procedures, and that he was injured and lost effects; he claimed actual damages ₱500,000.00 and moral damages ₱1,000,000.00.
- Sulpicio Lines contended the vessel was seaworthy and cleared by authorities, that the sinking was due to force majeure, and that it exercised due diligence in crew selection and abandonment preparations.
- Trial Court and CA Decisions
- RTC Branch 91, Quezon City (Oct. 12, 2001): found carrier negligent under Arts. 1739, 1759 of the Civil Code; awarded temperate damages ₱400,000.00 (later reduced to ₱300,000.00) and moral damages ₱1,000,000.00.
- CA (June 27, 2005): affirmed liability but reduced temperate damages to ₱120,000.00 (value of lost belongings), maintained moral damages; denied reconsideration.
- Sesante died during CA appeal; his heirs were substituted. Sulpicio Lines elevated the case to the Supreme Court.
Issues:
- Does a breach-of-contract-of-carriage action survive the plaintiff’s death?
- Can Sulpicio Lines be held liable under Article 1759 of the Civil Code despite its force majeure defense?
- Are awards of moral, temperate and exemplary damages proper and in correct amounts?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)