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RULING + RATIO:
Undoubtedly, there was, between the petitioner and the private
respondent, a contract of common carriage; in which case, the laws
applicable are the provisions on common carriers.
Article 1733 of the Civil Code provides that petitioner common carrier is
bound to observe extraordinary diligence in ensuring the safety of its
passengers. Pursuant to 1755 of the same Code, petitioner is bound to
carry Arroyo safely as far as human care and foresight could provide,
using the utmost diligence of a very cautious person, with due regard
for all the circumstances.
Utmost diligence of a very cautious person states that the voyage should
have commenced only when the vessel was fit to sail.
Trans-Asia failed in this duty because before commencing the voyage, it
conducted some repairs on one of its engines. However, before it could
even finish repairing, it allowed the vessel to leave with only one engine
functioning. This lone engine was not even working in perfect condition.
Clearly the vessel was not seaworthy even before the voyage began and
the only reason it did not capsize was because of the anchor drop. For a
vessel to be seaworthy, it must be adequately equipped for voyage and
manned with a sufficient number of competent officers and crew.
The failure of Trans-Asia to maintain the ship in seaworthy condition is a
breach of its duty prescribed in Article 1755 of the Civil Code.
DISPOSITION: Petition is denied and the CA decision is affirmed.