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KRAMER Vs CA
KRAMER Vs CA
CA
-On April 8, 1976 collision between fishing boat owned by Sps. Kramer and M/V Asia
Philippines owned by Trans-Asia. The fishing boat sank.
-Both filed marine protest before the Board of Marine Inquiry. On October 19, 1981 the
Board concluded that the loss was due to the negligence of M/V Philippines during the
collision.
-On May 30, 1985 Kramers instituted a complaint for damages against Trans Asia.
-Trans Asia filed a motion to dismiss on the ground of prescription under Article 1146 –
that prescriptive period for instituting a complaint for damages arising from quasi-delict
is 4 years. He averred that the complaint should have been filed within 4 years from the
date when their cause of action accrued – April 8, 1976
-complainants averred that the running of the prescriptive period was tolled by the filing
of the marine protest and that their cause of action accrued only on April 29,1982, the
date when the Decision ascertaining the negligence of the crew of M/V Asia Philippines
had become final
-The RTC denied the motion to dismiss ruling that in ascertaining negligence relating to a
maritime collision, there is a need to rely on highly technical aspects attendant to such
collision. It then concluded that the perceptive period runs from the time the negligence
of the crew of M/V Asia Philippines had been finally ascertained
-The CA thought otherwise ruling that the period should be reckoned from the time of
the occurrence of the mishap because that the precise time when damages inflicted
upon and sustained by the aggrieved party and from which relief from the court is
presently sought.
-In Espanol vs. Chairman, Philippine Veterans Administration: The right of action accrues
when there exists a cause of action, which consists of 3 elements: a) a right in favour of
the plaintiff by whatever means and under whatever law it arises or is created; b) an
obligation on the part of defendant to respect such right; c) an act or omission on the
part of such defendant violative of the right of the plaintiff. Thus, it is only when the last
element occurs or takes place that it can be said in law that a cause of action has arisen.