Title
Smith Bell and Co. , Inc. vs. Court of Appeals
Case
G.R. No. 56294
Decision Date
May 20, 1991
Collision between M/V "Don Carlos" and M/S "Yotai Maru" near Caballo Island; negligence by "Don Carlos" crew led to damages; Supreme Court upheld liability under res judicata, rejecting compromise agreement and fault claims against "Yotai Maru."

Case Summary (G.R. No. L-14651)

Background of the Incident

On May 3, 1970, at 3:50 a.m., a maritime accident occurred between the M/V "Don Carlos," owned by Carlos A. Go Thong and Company, and the M/S "Yotai Maru," a Japanese-registered vessel, near Caballo Island. The "Don Carlos," sailing south from Manila to Cebu, collided with the "Yotai Maru," causing significant damage to the latter, specifically a three-centimeter gaping hole on its portside, leading to cargo flooding and consequent financial damages.

Initial Legal Proceedings

Insurance companies representing the consignees of the damaged cargo filed lawsuits against Go Thong in the Court of First Instance of Manila. Two civil cases ensued: Civil Case No. 82567 presided over by Judge Bernardo P. Fernandez and Civil Case No. 82556 overseen by Judge Serafin R. Cuevas. Both judges found the officers and crew of the "Don Carlos" negligent, awarding damages to the insurance claimants.

Court of Appeals Decisions

Go Thong appealed both cases to the Court of Appeals, resulting in varying outcomes. Judge Fernandez's decision in C.A.-G.R. No. 61320-R was affirmed, while Judge Cuevas's decision in C.A.-G.R. No. 61206-R was later reversed, attributing fault to the "Yotai Maru." This marked a critical divergence in the legal findings.

Issues on Res Judicata

The insurance companies contest the Sison decision’s failure to observe the principle of res judicata, asserting that the two cases share sufficient identity of parties and cause of action, warranting adherence to the previously settled judgments against Go Thong. Go Thong argues that the identity of parties is lacking due to different co-petitioners in the actions.

Supreme Court's Analysis of Res Judicata

The Supreme Court concluded that despite subtle differences in parties, res judicata applies due to shared interest and the fact that both cases targeted the same defendant for similar causes of action rooted in the same incident. The earlier definitive ruling by the Court of Appeals in favor of petitioners should, therefore, bind the later proceedings.

Rejection of Go Thong’s Arguments

Go Thong’s defense, which included invoking a compromise agreement between the "Yotai Maru" and Go Thong about fault, was dismissed by the Court. The Court emphasized that such agreements do not equate to admissions of liability, which further weakened Go Thong’s position.

Review of Negligence

The Court closely examined Judge Cuevas’s conclusions identifying three key aspects of negligence by the "Don Carlos":

  1. Failure to Follow Navigation Rules: The "Don Carlos" did not adhere to Rule 18(a) of the International Rules of the Road, altering its course inappropriately.
  2. Lack of Proper Look-Out: No dedicated look-out was maintained aboard the "Don Carlos," which compromised

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