Trans-Asia Shipping Lines, Inc. VS Court of Appeals

GR 118126 4 March 1996

FACTS:

Atty Renato Arroyo purchased a ticket from Trans-Asia Shipping lines, Inc. for the voyage of M/V Asia Thailand vessel to Cagayan de Oro from Cebu Sity. Upon boarding he noticed that engines of the vessel were being repaired. Regardless, he boarded the same.

The vessel departed on time with only 1 engine running. It stopped near Kawit Island and after half an hour of stillness, the passengers, who already were suffering from mental distress, demanded that they be brought back to their port of origin.

At Cebu City, passengers who wished to disembark were allowed and given 10 minutes. Atty. Arroyo as one of the passengers. After which, the vessel continued its voyage.

On this account, Passenger Arroyo filed before the trial court a complaint for damages against Trans-Asia Shipping Inc. for failure of transporting the former to his place of destination.

ISSUE:

WON a vessel being unworthy of the sea is tantamount to a breach of contract?

HELD:

Under Article 1733 of the Civil Code, the petitioner was bound to observe extraordinary diligence in ensuring the safety of the private respondent. That meant that the petitioner was, pursuant to Article 1755 of the said Code, bound to carry the private respondent safely as far as human care and foresight could provide, using the utmost diligence of very cautious persons, with due regard for all the circumstances. In this case, we are in full accord with the Court of Appeals that the petitioner failed to discharge this obligation.

Before commencing the contracted voyage, the petitioner undertook some repairs on the cylinder head of one of the vessel's engines. But even before it could finish these repairs, it allowed the vessel to leave the port of origin on only one functioning engine, instead of two. Moreover, even the lone functioning engine was not in perfect condition as sometime after it had run its course, it conked out. This caused the vessel to stop and remain a drift at sea, thus in order to prevent the ship from capsizing, it had to drop anchor. Plainly, the vessel was unseaworthy even before the voyage began. For a vessel to be seaworthy, it must be adequately equipped for the voyage and manned with a sufficient number of competent officers and crew. 21 The failure of a common carrier to maintain in seaworthy condition its vessel involved in a contract of carriage is a clear breach of its duty prescribed in Article 1755 of the Civil Code.