Samahang Manggagawa Sa Sulpicio Lines vs. Sulpicio Lines, Inc. - Case Digest
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GR No. 172682, July 27, 2016 Sulpicio Lines Inc. (Petitioner) v Napoleon Sisante (Respondents) First Division Ponente: Bersamin, J. Nature of Action: Action for damages for breach of contract of carriage. FACTS:
The M/V Princess of the Orient, a passenger vessel owned and operated by the petitioner, sank near Fortune Island in Batangas. Of the 388 recorded passengers, 150 were lost. Napoleon Sesante, then a member of the Philippine National Police (PNP) and a lawyer, was one of the passengers who survived the sinking. He sued the petitioner for breach of contract and damages. In its defense, the petitioner insisted on the seaworthiness of the M/V Princess of the Orient due to its having been cleared to sail from the Port of Manila by the proper authorities; that the sinking had been due to force majeure; that it had not been negligent; and that its officers and crew had also not been negligent because they had made preparations to abandon the vessel because they had launched life rafts and had provided the passengers assistance in that regard. The RTC rendered judgement in favor of plaintiff Napoleon Sesante and ordered defendant to pay temperate and moral damages. The RTC observed that the petitioner, being negligent, was liable to Sesante pursuant to Articles Articles 1739 1739 and and 1759 of the Civil Code. The CA reduced the award award of the temperate temperate damages damages to the approximate cost of Sesante's lost personal perso nal belongings and held that petitioner remained remain ed civilly liable. The petitioner has attributed the sinking of the vessel to the storm notwithstanding its position on the seaworthiness of M/V Princess of the Orient. Yet, the findings of the BMI directly contradicted the f ound that petitioner’s fault was the immediate and proximate cause of petitioner's petitioner's attribution, as the BMI found the sinking due to the Captain's erroneous maneuvers of the M/V Princess of the Orient minutes before she sunk.
ISSUE:
Whether or not the petitioner is liable for moral damages.
RULING:
Yes. The Court awarded moral damages due to the totality of the negligence by the officers and crew of the Princess of the Orient coupled with the seeming indifference of the petitioner to render assistance to Sesante. The petitioner argues that moral damages could be meted against a common carrier only in the following instances, to wit: (1) in the situations enumerated by Article 2201 of the Civil Code; (2) in cases of the death of a passenger; or (3) where there was bad faith on the part of the common carrier. It contends that none of these instances obtained herein; hence, the award should be deleted. We agree with the petitioner that moral damages may be recovered in an action upon breach of contract of carriage only when: (a) death of a passenger results, or (b) it is proved that the carrier was guilty of fraud and bad faith, even if death does not result. However, moral damages may be awarded if the contractual breach is found to be wanton and deliberately injurious, or if the one responsible acted fraudulently or with malice or bad faith. The negligent acts of the officers and crew of M/V Princess of the Orient could not be ignored in view of the extraordinary duty of the common carrier to ensure the safety of the passengers. The totality of the negligence by the officers and crew of M/V Princess of the Orient, coupled with the seeming indifference of the petitioner to render assistance to Sesante, warranted the award of moral damages.
