Title
De Sarasola vs. Yu Biao Sontua
Case
G.R. No. 22630
Decision Date
Jan 31, 1925
Collision in Manila Bay (1922): *Y. Sontua* primarily at fault for improper maneuver, but *Mercedes* contributed by deviating. Both liable under Article 827, Code of Commerce. Lower court reversed.

Case Summary (G.R. No. 22630)

Relevant Proceedings

On December 20, 1924, the court affirmed the judgment of the lower court, which was in favor of the plaintiff, awarding him P27,106.89 plus legal interest from the filing date of the complaint. Following the decision, the defendant filed a motion for reconsideration arguing that the plaintiff should be barred from recovery due to contributory negligence.

Applicable Law

The resolution of this case primarily hinged upon Article 826 and Article 827 of the Code of Commerce. Article 826 states that if a vessel collides with another due to negligence or fault of its crew, the owner of the at-fault vessel is responsible for indemnifying the losses incurred. In contrast, Article 827 provides that if both vessels are at fault, each vessel would be liable for its own damages, and both would share responsibility for damages to their cargoes.

Judicial Findings on Negligence

The court found substantial evidence indicating that the negligence of the Y. Sontua was the principal cause of the collision. It emphasized that had the Y. Sontua maintained its course, the accident would not have occurred. The court also acknowledged that if the Mercedes had kept its course, a similar outcome would have resulted. The decision assessed that the actions of the Y. Sontua thrust an emergency upon the Mercedes, which led to its navigational errors.

Examination of Circumstances Surrounding the Collision

The court noted the visibility conditions at the time of the accident, indicating sufficient natural light allowed the crew members of both vessels to see each other and their respective maneuvers. Hence, it concluded that both vessels were cognizant of each other’s positions, yet the Mercedes deviated from its course, amounting to contributory negligence.

Conclusion of the Court

In light of the court's findings regarding the clear visibility and the encoded responsibilities under Articles 826 and 827, it reversed the lower

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