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  • Delsan Transport Lines vs. C and A Construction

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    Capt. Jusep of the M/V Delsan Express was notified at midnight that a typhoon would hit Manila in 8 hours, but he waited until 8:35 AM the next morning to seek shelter, when the North Harbor was already congested. By not taking immediate action upon receiving the weather report, despite reasonable foresight that waiting could result in harm, Capt. Jusep failed to exercise the reasonable care and caution expected of an ordinary prudent person. This showed negligence on his part. When the engine failed while maneuvering away from a power barge, the ship hit a deflector wall constructed by C&A Construction, resulting in damage for which Delsan Transport Lines was found liable.

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    3. Delsan Transport Lines vs. C and A Construction

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    Capt. Jusep of the M/V Delsan Express was notified at midnight that a typhoon would hit Manila in 8 hours, but he waited until 8:35 AM the next morning to seek shelter, when the North Harbor was already congested. By not taking immediate action upon receiving the weather report, despite reasonable foresight that waiting could result in harm, Capt. Jusep failed to exercise the reasonable care and caution expected of an ordinary prudent person. This showed negligence on his part. When the engine failed while maneuvering away from a power barge, the ship hit a deflector wall constructed by C&A Construction, resulting in damage for which Delsan Transport Lines was found liable.

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    135 views2 pages

    Delsan Transport Lines vs. C and A Construction

    Uploaded by

    jdg jdg
    Capt. Jusep of the M/V Delsan Express was notified at midnight that a typhoon would hit Manila in 8 hours, but he waited until 8:35 AM the next morning to seek shelter, when the North Harbor was already congested. By not taking immediate action upon receiving the weather report, despite reasonable foresight that waiting could result in harm, Capt. Jusep failed to exercise the reasonable care and caution expected of an ordinary prudent person. This showed negligence on his part. When the engine failed while maneuvering away from a power barge, the ship hit a deflector wall constructed by C&A Construction, resulting in damage for which Delsan Transport Lines was found liable.

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    of 2

    3.

    G.R. No. 156034             October 1, 2003


    DELSAN TRANSPORT LINES, INC., petitioner,
    vs.
    C & A construction, inc., respondent.

    Facts:

    Respondent C & A Construction, Inc. was engaged by the National Housing Authority (NHA) to construct
    a deflector wall at the Vitas Reclamation Area in Vitas, Tondo, Manila.

    On October 9, 1994, M/V Delsan Express, a ship owned and operated by petitioner Delsan Transport
    Lines, Inc., anchored at the Navotas Fish Port. Captain Demetrio T. Jusep of M/V Delsan Express received
    a report a typhoon was going to hit Manila  in about eight (8) hours. Capt. Jusep tried to seek shelter at
    the North Harbor but could not enter the area because it was already congested.   Capt. Jusep decided to
    drop anchor at the vicinity of Vitas mouth, 4 miles away from a Napocor power barge. At that time, the
    waves were already reaching 8 to 10 feet high. Capt. Jusep ordered his crew to go full ahead to counter
    the wind which was dragging the ship towards the Napocor power barge. To avoid collision, Capt. Jusep
    ordered a full stop of the vessel.  He succeeded in avoiding the power barge, but when the engine was
    re-started and the ship was maneuvered full astern, it hit the deflector wall constructed by respondent.

    Respondent demanded payment of the damage from petitioner but the latter refused to pay.
    Consequently, respondent filed a complaint for damages with the Regional Trial Court of Manila.

    Issue:

    Whether or not Capt. Jusep is guilty of negligence

    Held:

    YES

    Article 2176 of the Civil Code provides that whoever by act or omission causes damage to another, there
    being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no
    pre-existing contractual relation between the parties, is called a quasi-delict. The test for determining
    the existence of negligence in a particular case may be stated as follows: Did the defendant in doing the
    alleged negligent act use the reasonable care and caution which an ordinary prudent person would have
    used in the same situation? If not, then he is guilty of negligence.

    In the case at bar, the Court of Appeals was correct in holding that Capt. Jusep was negligent in deciding
    to transfer the vessel only at 8:35 in the morning of October 21, 1994. As early as 12:00 midnight of
    October 20, 1994, he received a report from his radio head operator in Japan  that a typhoon was going
    to hit Manila after 8 hours.\This, notwithstanding, he did nothing, until 8:35 in the morning of October
    21, 1994, when he decided to seek shelter at the North Harbor, which unfortunately was already
    congested. The finding of negligence cannot be rebutted upon proof that the ship could not have sought
    refuge at the North Harbor even if the transfer was done earlier. It is not the speculative success or
    failure of a decision that determines the existence of negligence in the present case, but the failure to
    take immediate and appropriate action under the circumstances. Capt. Jusep, despite knowledge that
    the typhoon was to hit Manila in 8 hours, complacently waited for the lapse of more than 8 hours
    thinking that the typhoon might change direction. He cannot claim that he waited for the sun to rise
    instead of moving the vessel at midnight immediately after receiving the report because of the difficulty
    of traveling at night. The hour of 8:35 a.m. is way past sunrise. Furthermore, he did not transfer as soon
    as the sun rose because, according to him, it was not very cloudy  and there was no weather disturbance
    yet.

    When he ignored the weather report notwithstanding reasonable foresight of harm, Capt. Jusep showed
    an inexcusable lack of care and caution which an ordinary prudent person would have observed in the
    same situation. Had he moved the vessel earlier, he could have had greater chances of finding a space at
    the North Harbor considering that the Navotas Port where they docked was very near North Harbor.
    Even if the latter was already congested, he would still have time to seek refuge in other ports.

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