QMBDistura

 ALESON SHIPPING
SHIPPING LINES v. CGU INTERNATIONAL
INTERNATIONAL INS. PLC. AND
CANDADO SHIPPING LINES, INC.
G.R. NO. 217311; July 15, 2020
LEONEN, J.

DOCTRINE: The applicable law in resolving complaints for damages would depend on the complainant's
DOCTRINE:
cause of action. If the action is based on contract of carriage, the Civil Cod
Codee provisions on common carrier
are applicable. On the other hand, if the cause of action is based on tort, the provisions of the Code of
Commerce on vessel collision would govern. Here, the cause of action of respondent CGU
Insurance against petitioner Aleson is not based on the time charter but on tort. Petitioner
is not a common carrier with respect to any of the parties.
parties .

FACTS: In 2002, respondent Candano Shipping Lines, Inc. signed a time charter agreement with Apo
FACTS:
Cement Corp. over the former's vessel, M/V Romeo. The agreement was executed for the delivery of Apo
Cement's cargo consisting of cement from Cebu to Albay.  M/V Romeo was loaded with 31,250 bags of
cement, equivalent to 1,250 metric tons.
tons. The cargo was insured with CGU International Insurance.

In July 2002, 12 midnight, M/V

midnight, M/V Romeo was on its way out out of the
the pier in
in Apo channel
channel when it collided with
 M/V Aleson Carrier, which was owned by Aleson Shipping
S hipping..  M/V Aleson's front hull hit the side of M/V
 Romeo. As a result, a gaping hole in the mid-section of M/V Romeo caused it to instantly sisink,
nk, taking
taking with
it the bags of cement worth P3,427,500.
P3,427,500.

 Apo Cement demanded payment from Candano, and Aleson Shipping, but to no avail; hence, it made an

insurance
and Alesonclaim with
before theCGU
RTC.Insurance, which was granted. CGU Insurance then filed a case against Candano

 Aleson Shipping:
Shipping:
➢  denied liability and asserted that only Candano Shipping should be held liable because the latter's vessel, M/V
Romeo, was at fault in the collision. On the other hand, its officers and crew at M/V Aleson have exercised
diligence and care to avoid the incident.

Candano Shipping:
Shipping:
➢  maintained that M/V Romeo was seaworthy and that it exercised extraordinary diligence in the care and
custody of the cargo, and in the operation of the vessel. It blamed Aleson Shipping for the incident, claiming
that Aleson Shipping was careless in command of M/V Aleson. Further, it argued that the complaint should
 be dismissed, because CGU Insurance failed
failed to observe the arbitration clause under the time ch
charter.
arter.

CGU Insurance's surveyor and investigator Lopez :

➢  testified that based on his interviews with the Chief Engineer of M/V Romeo and the stevedores and supervisor
of the port, M/V Aleson hit and caused an opening at the mid-section of M/V Romeo. Lopez
Romeo. Lopez found that the
 port authority instructed M/V Aleson to wait until M/V Romeo has cleared the last buoy, but M/V Aleson
This website stores still
dataproceeded
such as to enter the pier.
pier. In an interview with the captain of Apo Cement's tug boat, Lopez likewise
learned that
cookies to enable essential site the Captain of M/V Romeo asked the Captain of M/V Aleson to slow down, but the latter did not
heed instructions.
functionality, as well as marketing,
personalization, andCabeltes
Captain analytics.ofYou
M/V Aleson testified for Aleson Shipping
Shipping::
may change your ➢  settings at anythat
He narrated timethe sea was calm during the incident and acknowledged that the Apo channel cannot
or accept the defaultaccommodate
settings. 2 vessels at a time. When M/V Aleson was about to enter the pier, he admitted that he failed to
 verify from the radio operator whether iitt can proceed to enter the pier. He merely reli
relied
ed on the mess
message
age relayed
to him by a crew that M/V Aleson must "standby for proceeding to port."
➢  Further, while Captain Cabeltes initially claimed that he did not know any vessel present at the pier, he later
Privacy Policy admitted that he knew M/V Romeo was loading cargo at that time. Moreover, when M/V Aleson was in stop
position, he neither contacted nor used its horn to signal the M/V Romeo.
R omeo. He likewise admitted that there was
Marketing still around 200 meters of space on the right side of the vessel where he can maneuver to avoid the mishap,
 but he did not do so, fearing that M/V Aleson will run aground.
Personalization

Analytics
 Flores, operations manager of Candano Shipping
Shipping::

Save Accept All

 

QMBDistura

➢  claimed that M/V Aleson was at fault in the collision. She averred that under the rule of the Apo channel, the
 vessel going out of the wharf has the right of way, and vessels which are about to enter must wait until the
 wharf is cleared. Hence, M/V Aleson should
should have waited until M/V Romeo exited the pier.
➢  Flores added that due to the incident, M/V Romeo's master of the vessel died instantly. While 14 members of
the crew survived, 2 remained missing. She further narrated that M/V Romeo was no longer retrieved due to
the depth of the sea, while M/V Aleson remained afloat.

 RTC : found Aleson Shipping solely liable for the collision.

CA
CA:: affirmed the decision of the lower court. Aleson Shipping moved for reconsideration, but it was denied.

 Aleson’s Conten
Contentiontion:
➢  the lower courts erred in applying the law on common carriers in determining its liability, considering that it has no
contract of carriage with respondent CGU Insurance or Apo Cement. Thus, it cannot be sued based on contract, because
it is a complete stranger to the time charter between respondent Candano Shipping and Apo Cement, and to the contract
of insurance between respondents.
➢  Thus, Aleson claims that respondent CGU Insurance's action against it is based on maritime tort governed by the Code of
Commerce. It follows that there can be no presumption of negligence against petitioner. It is not a common carrier under
a contract of carriage which must exercise extraordinary diligence. Moreover, the doctrine of last clear chance will not
then be applicable in this case, because under Article 827 of the Code of Commerce, if both vessels may be blamed, both
shall be jointly responsible for the damages. 

ISSUE:: Whether or not the petitioner exercised the degree of diligence required.
ISSUE

HELD: NO
HELD: NO.. A vessel, functioning as a common carrier, may be held liable for damages under Article 1759
of the Civil Code. It states:

 ARTICLE 1759. Common carriers are liable for the death of or injuries to passengers through
the negligence or willful acts of the former's employees, although such employees may have
acted beyond the scope of their authority or in violation of the orders of the common carriers.

This liability of the common carriers does not cease upon proof that they exercised all the
diligence of a good father of a family in the selection and supervision of their employees.

 A vessel is "bound to observe extraordinary diligence in

diligence in the vigilance over the goods" it transports.
The high degree of diligence exacted by the law creates a presumption against common carriers when
goods are lost, destroyed or deteriorated. To overcome this presumption, commo
common n carriers must prove
that they exercised extraordinary diligence in the handling and transportation of the goods.
goods .

In
In Regional
 Regional Container Lines of Singapore v. The Netherlands Insurance Co. this
Co. this Court summarized the
rules on the liability of a common carrier:
1)  Common earners are bound to observe extraordinary diligence over the goods they transport,

2)  according
In the eventto all
ofthe circumstances
loss, destruction,oforeach case;
deterioration of the insured goods, common carriers are
This website stores responsible,
data such asunless they can prove that such loss, destruction, or deterioration was brought about
cookies to enable essential
 by, amongsiteothers, "flood, storm,
storm, earthquake, lightning, or other natural disaster or ccalamity;"
alamity;" and
functionality, as3)
well as marketing,
  In all other cases not specified under Article 1734 of the Civil Code, common carriers are presumed
pres umed
personalization, andtoanalytics.
have been You
at fault or to have acted negligently, unless they observed extraordinary diligence.
d iligence.
may change your settings at any time
or accept the default
➢  Insettings.
cases where cargos are lost, destroyed, or deteriorated, an action based on the contract of
carriage may be filed against the shipowner of the vessel based on Civil Code provisions on common
carrier.
Privacy Policy ➢  Similarly, in cases of damages resulting from maritime collision, the Civil Code provisions on
common carrier are applicable if the cause of action is based on contract of carriage.
Marketing
The applicable law in resolving complaints for damages would depend on the complainant's cause of
Personalization
action. If the action is based on contract of carriage, the Civil Code provisions on common carrier are
applicable. On the other hand, if the cause of action is based on tort, the provisions of the Code of
Analytics
Commerce on vessel collision would govern. govern .  Here, the cause of action of respondent CGU

Save Accept All

 

QMBDistura

 Insurance against petitioner

petitioner Aleson is not based on the time charter
charter but on tort.
tort. Petitioner
is not a common carrier with respect to any of the parties.
parties .

 Accordingly, the applicable provisions are found in Articles

Articl es 826 and 827 of the Code of Commerce, which
state:

 ARTICLE 826. 826. If a vessel should collide with another through the fault, negligence, or lack of
skill of the captain, sailing mate, o r any other member of the complement, the owner of the vessel
at fault shall indemnify the losses and damages suffered, after an expert appraisal.

 ARTICLE 827.
827. If both vessels may be blamed for the collision, each one shall be liable for his
own damages, and both shall be jointly responsible for the losses and damages suffered by their
cargoes.

To be cleared of liability under these provisions, a vessel must show that it exercised ordinary
diligence. This level of diligence is the diligence which "an o rdinary prudent man would exercise
 with regard to his own property.
property.

 Applying this standard to petitioner, this Court finds that that it failed to observe the diligence
by the law. Based on the testimony of its own witness, M/V Aleson was recklessly operated . operated .
Captain Cabeltes admitted that M/V Romeo was still in the pier when M/V Aleson was about to enter the
 Apo channel. Despite knowledge
knowledge of this information, Captain Cabeltes failed to act with caution. He himself
declared that he was informed by the pier operator to standby and to not enter the wharf yet, but it still
proceeded. He later recanted this statement
s tatement and claimed that a message was relayed to him saying that he
may enter the wharf already.
already . Nevertheless, he confessed that he did not verify the veracity of the message.

This nonchalant attitude towards his duty demonstrates Captain Cabeltes' lack of caution in commanding
M/V Aleson.  Due diligence demands that Captain Cabeltes ensures that every decision he made is
deliberate and calculated to guarantee the safety of M/V Aleson and nearby vessels.
vessels . As the captain, he is
required under the law “to be on deck at the time of sighting land and to take command on entering and
leaving ports.” Instead, Captain Cabeltes slept in and waited for his crew to confirm whether they can
proceed to enter. Thus, it is highly imprudent that Captain Cabeltes piloted the vessel to the pier without
personally verifying if M/V Romeo had already exited.

Moreover, even if Captain Cabeltes admittedly had the chance to avoid the collision, he chose not to
maneuver M/V Aleson, because he was worried that the vessel would run aground. This is despite his
acknowledgment that M/V Aleson was easier to maneuver than M/V Romeo because the latter was a bigger
 vessel and was fully loaded at that time.
time.

He likewise acknowledged that he failed to send sound signals to M/V Romeo in violation of the rules of
navigation.Further, Captain Cabeltes' claim that M/V Aleson was navigating slowly is contradicted by
evidence. The strong impact of the collision is evidenced by the gaping hole created by the front hull of M/V
This website Aleson,
storeswhich has caused
data such as M/V Romeo to instant
M/V instantly
ly sink within 5 mins.
cookies to enable essential site
 With
functionality, respect
as well to respondent Candano Shipping,
as marketing, Shipping, the Supreme Court affirms the findings of the lower courts
 which held that respondent
personalization, and analytics. You Candano Shipping exercised the required
requ ired diligence as a common carrier. As
established in the trial court, M/V Romeo was, in all respects, seaworthy and with full complement of
may change your settings at any time
officers and crew. The testimony likewise confirmed that M/V Romeo called and requested M/V Aleson to
or accept the default settings.
slow down, because it had the right of way. On the other hand, petitioner must be held liable for the damages
caused by its vessel, M/V Aleson. Despite petitioner's contention, this Court is not convinced that Captain
Cabeltes exercised ordinary diligence in commanding M/V Aleson. Petition denied.
Privacy Policy
On the admissibility of witnesses Lopez and Flores' testimony as assailed by Aleson as hearsay.
hearsay.  
Marketing
Res gestae is one of the exceptions to the hearsay rule. The testimonies of the witnesses satisfy the
requirements of the rule, in that: (1) the collision of the vessels and sinking of M/V Romeo is a startling
Personalization
occurrence; (2) the statements made are with respect to the collision; and (3) the statements of the
Analytics
declarants
of were made
a vessel which immediately
almost after
claimed their theThe
lives. inc spontaneity
ident.
sp Theseof
ontaneity declarants witnessed
their statements a collision
with respect toand
theaincident
sinking

Save Accept All

 

QMBDistura

satisfies the rule on res gestae, making these testimonies admissible even if the declarants were not
presented in the witness stand.

This website stores data such as

cookies to enable essential site
functionality, as well as marketing,
personalization, and analytics. You
may change your settings at any time
or accept the default settings.

Privacy Policy

Marketing
Personalization

Analytics

Save Accept All