Vasquez vs. Court of
Appeals
(138 SCRA 553)
Facts: MV Pioneer Cebu left the port of Manila and
bounded for Cebu. Its officers were aware of the upcoming typhoon Klaring that
is already building up somewhere in Mindanao. There being no typhoon signals on
their route, they proceeded with their voyage. When they reached the island of
Romblon, the captain decided not to seek shelter since the weather was still
good. They continued their journey until the vessel reached the island of
Tanguingui, while passing through the island the weather suddenly changed and heavy
rains fell. Fearing that they might hit Chocolate island due to zero
visibility, the captain ordered to reverse course the vessel so that they could
weather out the typhoon by facing the strong winds and waves. Unfortunately,
the vessel struck a reef near Malapascua Island, it sustained a leak and
eventually sunk.
The parents of the
passengers who were lost due to that incident filed an action against Filipinas
Pioneer Lines for damages. The defendant pleaded force majeure but the Trial
Court ruled in favor of the plaintiff. On appeal to the Court of Appeals, it
reversed the decision of the lower stating that the incident was a force
majeure and absolved the defendants from liability.
Issue: Whether of not Filipinas Pioneer Lines is
liable for damages and presumed to be at fault for the death of its
passenger?
Held: The Supreme Court held the Filipinas Pioneer
Lines failed to observe that extraordinary diligence required of them by law
for the safety of the passengers transported by them with due regard for all
necessary circumstance and unnecessarily exposed the vessel to tragic mishap.
Despite knowledge of the fact that there was a typhoon, they still proceeded
with their voyage relying only on the forecast that the typhoon would weaken
upon crossing the island of Samar. The defense of caso fortuito is untenable.
To constitute caso fortuito to exempt a person from liability it necessary that
the event must be independent from human will, the occurrence must render it
impossible for the debtor to fulfill his obligation in a normal manner, the
obligor must be free from any participation or aggravation to the injury of the
creditor. Filipina Pioneer Lines failed to overcome that presumption o fault or
negligence that arises in cases of death or injuries to passengers.
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