428 Phil. 705
KAPUNAN, J.:
Common carriers, from the nature of their business and for reasons of public policy, are mandated to observe extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them.[7] Owing to this high degree of diligence required of them, common carriers, as a general rule, are presumed to have been at fault or negligent if the goods transported by them are lost, destroyed or if the same deteriorated.[8](A)
IN REVERSING AND SETTING ASIDE THE DECISION OF RTC BR. 134 OF MAKATI CITY ON THE BASIS OF THE FINDINGS OF THE BOARD OF MARINE INQUIRY, APPELLATE COURT DECIDED THE CASE AT BAR NOT IN ACCORD WITH LAW OR WITH THE APPLICABLE DECISIONS OF THE HONORABLE COURT;(B)
IN REVERSING THE TRIAL COURT’S DECISION, THE APPELLATE COURT GRAVELY ERRED IN CONTRADICTING AND IN DISTURBING THE FINDINGS OF THE FORMER;(C)
THE APPELLATE COURT GRAVELY ERRED IN REVERSING THE DECISION OF THE TRIAL COURT AND IN DISMISSING THE COMPLAINT.[6]
Common carriers are responsible for the loss, destruction, or deterioration of the goods, unless the same is due to any of the following causes only:In order that a common carrier may be absolved from liability where the loss, destruction or deterioration of the goods is due to a natural disaster or calamity, it must further be shown that the such natural disaster or calamity was the proximate and only cause of the loss;[9] there must be “an entire exclusion of human agency from the cause of the injury of the loss.”[10]
(1) Flood, storm, earthquake, lightning or other natural disaster or calamity;
(2) Act of the public enemy in war, whether international or civil;
(3) Act or omission of the shipper or owner of the goods;
(4) The character of the goods or defects in the packing or in the containers;
(5) Order or act of competent public authority.
The presence of a crack in the ill-fated vessel through which water seeped in was confirmed by the Greutzman Divers who were commissioned by the private respondents to conduct an underwater survey and inspection of the vessel to determine the cause and circumstances of its sinking. In its report, Greutzman Divers stated that “along the port side platings, a small hole and two separate cracks were found at about midship.”[14]x x x
III. WHAT WAS THE PROXIMATE CAUSE OF SINKING?
Evidence shows that when "LCT Peatheray Patrick-G" left the port of Mandawe, Cebu for Bislig, Surigao del Sur on March 2, 1987 the Captain had observed the fair atmospheric condition of the area of the pier and confirmed this good weather condition with the Coast Guard Detachment of Mandawe City. However, on March 3, 1987 at about 10:00 o'clock in the evening, when the vessel had already passed Surigao Strait. the vessel started to experience waves as high as 6 to 7 feet and that the Northeasterly wind was blowing at about five (5) knot velocity. At about 11:00 o'clock P.M. when the vessel was already about 4.5 miles off Cawit Point, Cortes, Surigao del Sur, the vessel was discovered to be listing 15 degrees to port side and that the strength of the wind had increased to 15 knots and the waves were about ten (10) feet high [Ramilo TSN 10-27-87 p. 32). Immediately thereafter, emergency measures were taken by the crew. The officers had suspected that a leak or crack might had developed at the bottom hull particularly below one or two of the empty wing tanks at port side serving as buoyancy tanks resulting in ingress of sea water in the tanks was confirmed when the Captain ordered to use the cargo pump. The suction valves to the said tanks of port side were opened in order to suck or draw out any amount of water that entered into the tanks. The suction pressure of the pump had drawn out sea water in large quantity indicating therefore, that a leak or crack had developed in the hull as the vessel was continuously batted and pounded by the huge waves. Bailing out of the water through the pump was done continuously in an effort of the crew to prevent the vessel from sinking. but then efforts were in vain. The vessel still continued to list even more despite the continuous pumping and discharging of sea water from the wing tanks indicating that the amount of the ingress of sea water was greater in volume that that was being discharged by the pump. Considering therefore, the location of the suspected source of the ingress of sea water which was a crack or hole at the bottom hull below the buoyancy tank's port side which was not acessible (sic) for the crew to check or control the flow of sea water into the said tank. The accumulation of sea water aggravated by the continuous pounding, rolling and pitching of the vessel against huge waves and strong northeasterly wind, the Captain then had no other recourse except to order abandonship to save their lives.[13]
xxx (a) the cause of the unforeseen and unexpected occurrence, or the failure of the debtor to comply with his obligations, must be independent of human will; (b) it must be impossible to foresee the event which constitutes the caso fortuito, or if it can be foreseen, it must be impossible to avoid; (c) the occurrence must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner; and (d) the obligor must be free from any participation in the aggravation of the injury resulting to the creditor. xxx[16]In the case at bar, it was adequately shown that before the M/V Peatheray Patrick-G left the port of Mandaue City, the Captain confirmed with the Coast Guard that the weather condition would permit the safe travel of the vessel to Bislig, Surigao del Sur. Thus, he could not be expected to have foreseen the unfavorable weather condition that awaited the vessel in Cortes, Surigao del Sur. It was the presence of the strong winds and enormous waves which caused the vessel to list, keel over, and consequently lose the cargo contained therein. The appellate court likewise found that there was no negligence on the part of the crew of the M/V Peatheray Patrick-G, citing the following portion of the decision of the Board of Marine Inquiry:
I. WAS LCT PEATHERAY PATRICK-G SEAWORTHY WHEN SHE LEFT THE PORT OF MANDAWE, CEBU AND AT THE TIME OF SINKING?Overloading was also eliminated as a possible cause of the sinking of the vessel, as the evidence showed that its freeboard clearance was substantially greater than the authorized freeboard clearance.[18]
Evidence clearly shows that the vessel was propelled with three (3) diesel engines of 250 BHP each or a total of 750 BHP. It had three (3) propellers which were operating satisfactorily from the time the vessel left the port of Mandawe up to the time when the hull on the double bottom tank was heavily floaded (sic) by uncontrollable entry of sea water resulting in the stoppage of engines. The vessel was also equipped with operating generator pumps for emergency cases. This equipment was also operating satisfactorily up to the time when the engine room was heavily floaded (sic) with sea water. Further, the vessel had undergone emergency drydocking and repair before the accident occurred (sic) on November 9, 1986 at Trigon Shipyard, San Fernando, Cebu as shown by the billing for the Drydocking and Repair and certificate of Inspection No. 2588-86 issued by the Philippine coast Guard on December 5, 1986 which expired on November 8, 1987.
LCT Peatheray Patrick-G was skippered by Mr. Manuel P. Ramilo, competent and experienced licensed Major Patron who had been in command of the vessel for more than three (3) years from July 1984 up to the time of sinking March 3, 1987. His Chief Mate Mr. Mariano Alalin also a licensed Major Patron had been the Chief Mate of " LCT Peatheray Patrick-G" for one year and three months at the time of the accident. Further Chief Mate Alalin had commanded a tanker vessel named M/T Mercedes of MGM Corporation for almost two (2) years from 1983-1985 (Alalin TSN-4-13-88 pp. 32-33).
That the vessel was granted SOLAS clearance by the Philippine Coast Guard on March 1, 1987 to depart from Mandawe City for Bislig, Surigao del Sur as evidenced by a certification issued to D.C. Gaerlan Oil Products by Coast Guard Station Cebu dated December 23, 1987.
Based on the foregoing circumstances, "LCT Peatheray Patrick-G" should be considered seaworthy vessel at the time she undertook that fateful voyage on March 2, 1987.
To be seaworthy, a vessel must not only be staunch and fit in the hull for the voyage to be undertaken but also must be properly equipped and for that purpose there is a duty upon the owner to provide a competent master and a crew adequate in number and competent for their duty and equals in disposition and seamanship to the ordinary in that calling. (Ralph 299 F-52, 1924 AMC 942). American President 2td v. Ren Fen Fed 629. AMC 1723 LCA 9 CAL 1924).[17]