Case Summary (G.R. No. L-9534)
Incident Overview and Findings
On the night of May 4, 1948, the M/L "Consuelo V," under the command of Faustino Macrohon, left the port of Zamboanga City. The vessel was towing a kumpit and carried various passengers, including the plaintiff and his family. The weather worsened as the evening progressed, culminating in a sudden collision with the M/S "Bowline Knot." The collision resulted in the capsizing of the M/L "Consuelo V," leading to the deaths of nine passengers and significant losses to personal properties aboard. The Court of Appeals affirmed the findings of a Board of Marine Inquiry, attributing negligence to both vessels.
Legal Framework
The case falls under the provisions of the Code of Commerce, specifically Articles 826-939, which govern maritime torts. Article 827 stipulates that in the event of a collision attributed to both vessels, each vessel bears its own damages while being solidarity liable for damages to cargoes. Consequently, shipowners have a direct responsibility for such maritime incidents.
Manila Steamship Co.’s Defense
The petitioner sought to absolve itself from liability, citing it had exercised the diligence of a good father of a family in selecting its employees, particularly Third Mate Simplicio Ilagan. However, this defense was rejected by the Court, as the case involved maritime tort resulting from the collision, and thus, the applicable law was the Code of Commerce rather than the Civil Code. The direct nature of liability under maritime law for the actions of captains and crews was emphasized.
Lim Hong To’s Liability
The Court evaluated Lim Hong To's liability as the owner of the M/L "Consuelo V," pointing out that both the master and engineer of his vessel lacked the necessary licenses. Despite his claim of financial constraints in hiring licensed personnel, he had assumed full risk and responsibility for any accidents or damages caused by operating the vessel without licensed officers. Consequently, Lim Hong To was deemed liabl
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Case Background
- The case originated in the Court of First Instance of Zamboanga (Civil Case No. 170) initiated by Insa Abdulhaman against the Manila Steamship Co., owner of the M/S "Bowline Knot," and Lim Hong To, owner of the M/L "Consuelo V."
- The plaintiff sought damages for the deaths of his five children and the loss of personal properties aboard the M/L "Consuelo V," following a maritime collision on May 4, 1948, near San Ramon Beach, Zamboanga City.
- The M/L "Consuelo V," under the command of Faustino Macrohon, departed Zamboanga City around 7:00 PM, carrying passengers and cargo, including the plaintiff's family.
- The M/S "Bowline Knot" was navigating towards Zamboanga that same evening.
Incident Details
- The weather was initially fair but deteriorated between 9:30 and 10:00 PM, leading to a sudden and violent collision between the M/L "Consuelo V" and the M/S "Bowline Knot."
- The M/L "Consuelo V" capsized, causing panic among passengers and resulting in nine deaths, including the four bodies recovered from the sea, while one child remained missing.
- Passengers were not warned of the impending danger prior to the collision.
Findings of the Court of Appeals
- The Court of Appeals confirmed that both vessels' commanding officers were negligen