7/22/2019 Vasquez vs CA Case Digest

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Vasquez vs CA Case Digest

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 ofRomblon, 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 zerovisibility, 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 theincident 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 thedeath of its passenger?

Held: The Supreme Court held the Filipinas Pioneer Lines failed to observe that extraordinary diligencerequired 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 isuntenable. 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 theinjury 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.