(G22) MANILA STEAMSHIP CO. INC. VS.

INSA ABDULHAMAN
(100 Phil 32)

Facts: Insa Abdulhaman together with his wife and five children boarded M/L Consuelo
V in Zamboanga City. The said ship was bound for Siokon under the command of
Faustino Macrohon. On that same night, M/S Bowline Knot was navigating from
Marijoboc towards Zamboanga.

Around 9:30 to 10:00 in the evening of May 4, 1948, while some of the passengers of
the M/L Consuelo V were then sleeping and some lying down awake, a shocking
collision suddenly occurred. The ship that collided was later on identified as the M/V
Bowline Knot. M/L Consuelo V capsized that resulted to the death of 9 passengers and
the loss of the cargoes on board.

The Court held the owners of both vessels solidarily liable to plaintiff for damages
caused to the latter under Article 827 of the Code of Commerce but exempted
defendant Lim Hong to from liability due to the sinking and total loss of his vessel. While
Manila steamship, owner of the Bowline Knot was ordered to pay all of plaintiff’s
damages.

Petitioner Manila Steamship Co. pleads that it is exempt from any liability under Article
1903 of the Civil Code because it had exercised the diligence of a good father of a
family in the selection of its employees, particularly the officer in command of the M/S
Bowline Knot.

Issue: Whether or not petitioner Manila Steamship Co. is exempt from any liability
under Art. 1903 of the Civil Code?

Held: NO. Petitioner is not exempted from liabilities. While it is true that plaintiff’s action
against petitioner is based on a tort or quasi delict, the tort in question is not a civil tort
under the Civil Code but a maritime tort resulting in a collision at sea, governed by
Articles 826-939 of the Code of Commerce. Under Art. 827 of the Code of Commerce,
in case of collision between two vessels imputable to both of them, each vessel shall
suffer her own damage and both shall be solidarily liable for the damages occasioned
to their cargoes. The shipowner is directly and primarily responsible in tort resulting in
a collision at sea, and it may not escape liability on the ground that exercised due
diligence in the selection and supervision of the vessel’s officers and crew.