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FAR EASTERN EASTER N SHIPPING SHIPP ING COMP C OMPANY ANY vs. COURT OF APPEALS G.R. No. 130068 Octobe 1! 1""8
F#cts$
M/V M/V Pavlo avloda darr owne owned d and and oper operat ated ed by the the Far East Easter ern n Ship Shippi ping ng Comp Company any (FES (FESC) C) arri arrive ved d at the the port port of Mani Manila la.. Sene Senen n avi avino no was was assigned by the Manila Pilot!s "sso#iation (MP") to #ond$#t do#%ing man$ man$ev ever ers s for for the the safe safe bert berthi hing ng of the the vesse vessel. l. avi avino no stat statio ione ned d himself in the bridge& with the master of the vessel& Vi#tor 'avan%ov& beside him. hen the vessel was already abo$t *** feet from the pier& avino ordered the an#hor dropped. 'avan%ov relayed the orders to the #rew of the vessel. +owever the an#hor did not hold as e,pe#ted. -he speed of the vessel did not sla#%en. " #omm #ommot otio ion n ens$e ens$ed d betw betwee een n the the #rew #rew memb member ers. s. hen hen avi avino no in$ired abo$t the #ommotion& 'avan%ov ass$red avino that there was nothing to it. -he bow of the vessel rammed into the apron of the pier #a$sing #onsiderable damage to the pier. PP" led a #omplaint for a s$m of money against FESC& avino and MP". C" r$led in favor of PP" holding them liable with MP" (employer of 'avan%ov) entitled to reimb$rsement from avino.
Iss%e$
"re "re the #o$nse #o$nsels ls for the partie parties s #ommit #ommitted ted a#ts a#ts whi#h whi#h re$i re$ire re the e,er#ise e,er#ise of the #o$rt!s dis#iplinary powers0
He&'$
1ES. -he re#ords re#ords show that the law rm of 2el 3osario and 2el 3osario 3osario thr$ its asso#iate& "tty -ria& -ria& is the #o$nsel of re#ord for FESC in both 3 no 45**67 and 3 no 45*48*. 3 45**67 whi#h is assigned to the Co$rt!s se#ond division& #ommen#ed with the ling of a veried motion for e,ten e,tensio sion n of time time whi#h whi#h #ontai #ontained ned a #erti #erti#at #ation ion agains againstt for$m for$m shop sh oppi ping ng sign signed ed by #o$n #o$nse sell -ria ria stat statin ing g that that to the the best best of his his %nowledge there is no a#tion or pro#eeding pending in the SC& C" or any other trib$nal.
3eviewing the re#ords& the #o$rt nds that the petition led by MP" in 3 no& 45*48* then pending with the third division was d$ly led with a #opy thereof f$rnished by registered mail to #o$nsel for FESC (atty -ria). 9t wo$ld be fair to #on#l$de that when FESC led its petition 3 no 45**67& it wo$ld aready have re#eived a #opy of the #opy of the petition by MP". 9t wa therefore en#$mbent $pon FESC to inform the #o$rt of the pending a#tion. :$t #onsidering that it was a s$per;$ity at that stage of the pro#eeding & it being $nne#essary to le s$#h #erti#ation of non for$m shopping with a mere motion for e,tension& the #o$rt disregarded s$#h error. #ien#y on the part of the govt law o>#e. Co$nsel for FESC& the law rm of 2el 3osario and 2el 3osario& spe#i#ally its ass#o#iate -ria is reprimaded and warned that a repetition of the same a#ts shall be dealt with severely. -he original members of the legal tean of the rmed. avino& MP" and FESC are de#lared solidarily liable with MP" entitled to reimb$rsement from avino for s$#h amo$nt of the ad@$dged pe#$niary liability in e,#ess of the amo$nt e$ivalent to A8B of its pres#ribed reserved f$nd.
