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    Digest By: Paul Edison Batacan

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    Nicole Dagohoy Taytayan
    The vessel M/V "P. Aboitiz", owned and operated by Aboitiz Shipping Corporation, sank on October 31, 1980 while transporting cargo from Hong Kong to Manila. General Accident Fire and Life Assurance Corporation, Ltd. had insured and paid out the claims for the lost cargo. GAFLAC then sued Aboitiz Shipping, alleging negligence led to the sinking. The court found the sinking was not due to force majeure from tropical storm conditions, as the wind speed of 10-15 knots constituted moderate breeze, and was a foreseeable condition. As a common carrier, Aboitiz was responsible for extraordinary diligence over cargo safety. Aboitiz failed to

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    Digest By: Paul Edison Batacan

    Uploaded by

    Nicole Dagohoy Taytayan
    35 views1 page
    The vessel M/V "P. Aboitiz", owned and operated by Aboitiz Shipping Corporation, sank on October 31, 1980 while transporting cargo from Hong Kong to Manila. General Accident Fire and Life Assurance Corporation, Ltd. had insured and paid out the claims for the lost cargo. GAFLAC then sued Aboitiz Shipping, alleging negligence led to the sinking. The court found the sinking was not due to force majeure from tropical storm conditions, as the wind speed of 10-15 knots constituted moderate breeze, and was a foreseeable condition. As a common carrier, Aboitiz was responsible for extraordinary diligence over cargo safety. Aboitiz failed to

    Original Title

    ABOITIZ vs. CA

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    The vessel M/V "P. Aboitiz", owned and operated by Aboitiz Shipping Corporation, sank on October 31, 1980 while transporting cargo from Hong Kong to Manila. General Accident Fire and Life Assurance Corporation, Ltd. had insured and paid out the claims for the lost cargo. GAFLAC then sued Aboitiz Shipping, alleging negligence led to the sinking. The court found the sinking was not due to force majeure from tropical storm conditions, as the wind speed of 10-15 knots constituted moderate breeze, and was a foreseeable condition. As a common carrier, Aboitiz was responsible for extraordinary diligence over cargo safety. Aboitiz failed to

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    35 views1 page

    Digest By: Paul Edison Batacan

    Uploaded by

    Nicole Dagohoy Taytayan
    The vessel M/V "P. Aboitiz", owned and operated by Aboitiz Shipping Corporation, sank on October 31, 1980 while transporting cargo from Hong Kong to Manila. General Accident Fire and Life Assurance Corporation, Ltd. had insured and paid out the claims for the lost cargo. GAFLAC then sued Aboitiz Shipping, alleging negligence led to the sinking. The court found the sinking was not due to force majeure from tropical storm conditions, as the wind speed of 10-15 knots constituted moderate breeze, and was a foreseeable condition. As a common carrier, Aboitiz was responsible for extraordinary diligence over cargo safety. Aboitiz failed to

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    © All Rights Reserved
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    ABOITIZ SHIPPING CORPORATIONvs.

    described as "moderate breeze," small waves, becoming


    CA AND GENERAL ACCIDENT FIRE AND LIFE longer, fairly frequent white horses. Meteorologist Justo
    ASSURANCE CORPORATION, LTD.. Iglesias, Jr. himself affirms the above description of a wind
    force of 10 to 15 knots and adds that the weather condition
    Digest by: Paul Edison Batacan
    prevailing under said wind force is usual and forseeable.

    Facts: On October 28, 1980, the vessel M/V "P. Aboitiz" took
    Considering the foregoing reasons, the Court holds that the
    on board in Hongkong for shipment to Manila some cargo
    vessel M/V "Aboitiz" and its cargo were not lost due to
    consisting of one (1) twenty (20)-footer container holding 271
    fortuitous event or force majeure.
    rolls of goods for apparel covered by Bill of Lading No. 515-M
    and one (1) forty (40)-footer container holding four hundred
    In accordance with Article 1732 of the Civil Code, the
    forty- seven (447) rolls, ten (10) bulk and ninety-five (95)
    defendant common carrier, from the nature of its business and
    cartons of goods for apparel covered by Bill of Lading No. 505-
    for reasons of public policy, is bound to observe extraordinary
    M. The total value, including invoice value, freightage, customs
    diligence in the vigilance over the goods and for the safety of
    duties, taxes and similar imports amounts to US$39,885.85 for
    the passengers transported by it according to all the
    the first shipment while that of the second shipment amounts
    circumstances of each case. While the goods are in the
    to US$94,190.55. Both shipments were consigned to the
    possession of the carrier, it is but fair that it exercise extra
    Philippine Apparel, Inc. and insured with the General Accident
    ordinary diligence in protecting them from loss or damage, and
    Fire and Life Assurance Corporation, Ltd. (GAFLAC for short).
    if its occurs the law presumes that it was due to the carrier's
    The vessel is owned and operated by Aboitiz Shipping
    fault or negligence; that is necessary to protect the interest of
    Corporation (Aboitiz for short).
    the shipper which is at the mercy of the carrier (Article 1756,
    Civil Code; Anuran vs. Puno, 17 SCRA 224; Nocum vs. Laguna
    On October 31, 1980 on its way to Manila the vessel sunk and
    Tayabas Bus Co., 30 SCRA 69; Landigan vs. Pangasinan
    it was declared lost with all its cargoes. GAFLAC paid the
    Transportation Company, 88 SCRA 284). In the case at bar, the
    consignee the amounts US$39,885.85 or P319,086.80 and
    defendant failed to prove that the loss of the subject cargo was
    US$94,190.55 or P753,524.40 for the lost cargo. As GAFLAC was
    not due to its fault or negligence.
    subrogated to all the rights, interests and actions of the
    consignee against Aboitiz, it filed an action for damages
    against Aboitiz in the Regional Trial Court of Manila alleging
    that the loss was due to the fault and negligence of Aboitiz and
    the master and crew of its vessel in that they did not observe
    the extraordinary diligence required by law as regards common
    carriers.

    Issue: Whether or not the loss was due to fortuitous event. –


    NO

    Ruling: The trial court and the appellate court found that the
    sinking of the M/V "P. Aboitiz" was not due to the waves
    caused by tropical storm "Yoning" but due to the fault and
    negligence of petitioner, its master and crew. The court
    reproduces with approval said findings —

    xxx xxx xxx

    After a careful examination of the evidence, the Court is


    convinced in the plaintiffs claim that the M/V "Aboitiz" and its
    cargo were not lost due to fortuitous event or force majeure.

    To begin with, paragraph 4 of the marine protest (Exh. "4", also


    Exhibit "M"), which is defendant's own evidence, shows that the
    wind force when the ill-fated ship foundered was 10 to 15
    knots. According to the Beaufort Scale (Exhibit "I"), which is
    admittedly an accurate reference for measuring wind velocity,
    the wind force of 10 to 15 knots is classified as scale No. 4 and

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