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SULPICIO LINES, INC., petitioner, v.

The Honorable COURT OF APPEALS and TITO


DURAN TABUQUILDE and ANGELINA DE PAZ TABUQUILDE, respondents.
G.R. No. 113578
July 14, 1995

Lessons Applicable: Exceptions to Contracting Parties (Transportation)

Facts:

October 23, 1988: Tito Duran Tabuquilde (Tito) and his 3-year old daughter Jennifer
Anne (Anne) boarded the M/V Dona Marilyn at North Harbor, Manila, bringing with
them several pieces of luggage.

Storm Signal No. 2 had been raised by the PAG-ASA authorities over Leyte as early
as 5:30 P.M. of October 23, 1988 and which signal was raised to Signal No. 3 by 10
P.M.

ship captain ordered the vessel to proceed to Tacloban when prudence dictated that
he should have taken it to the nearest port for shelter, thus violating his duty to
exercise extraordinary diligence in the carrying of passengers safely to their
destination

October 24, 1988 morning: M/V Dona Marilyn, while in transit, encountered
inclement weather which caused huge waves due to Typhoon Unsang.

Angelina Tabuquilde contacted the Sulpicio Office to verify radio reports that the
vessel M/V Dona Marilyn was missing

Sulpicio Lines assured her that the ship was merely "hiding" thereby assuaging her
anxiety

October 24, 1988 2:00 P.M.: vessel capsized, throwing Tito and Anne, along with
hundreds of passengers, into the sea.

Tito tried to keep himself and his daughter afloat but to no avail as the waves got
stronger and he was subsequently separated from his daughter despite his efforts.

October 25, 1988 11:00 A.M.: He found himself on Almagro Island in Samar

He immediately searched for his daughter among the survivors in the island, but
failed

Angelina tried to seek the assistance of the Sulpicio Lines in Manila to no avail

Angelina spent sleepless nights worrying about her husband and daughter in view of
the refusal of Sulpicio Lines to release a verification of the sinking of the ship

October 26, 1988: Tito and other survivors in the Almagro Island were fetched and
were brought to Tacloban Medical Center for treatment
October 31, 1988: Tito reported the loss of his daughter and was informed that the
corpse of a child with his daughter's description had been found

Tito wrote a letter to his wife, reporting the sad fact that Jennifer Anne was dead

Angelina suffered from shock and severe grief upon receipt of the news

November 3, 1988: coffin bearing the corpse of Anne was buried

November 24, 1988: Tito filed a claim for damages against Sulpicio Lines for the
death of Anne and the loss of his belongings worth P27,580

Trial Court: in favor of Tito

actual damages, P30,000.00 for the death of Anne

P100,000.00 as moral damages

P50,000.00 as exemplary damages

P50,000.00 as attorney's fees, and costs