SULPICIO LINES, INC. v.

CA and TITO DURAN TABUQUILDE and ANGELINA DE PAZ TABUQUILDE

Quiason, J. 14 July 1995 G.R. No. 113578
Doctrine A common carrier is obliged to transport its passengers to their destinations with the utmost diligence of a very cautious
person. The institution of exemplary damages by the Court is in line with its public policy of a safe and reliable carriage
of people and goods by sea.
Summary Plaintiff and his daughter boarded a vessel of Sulpicio Lines. Despite the fact that PAGASA raised storm signal no. 3 to
the place of destination, the captain decided to proceed to sail to Tacloban. Because of this, the vessel capsized.
Plaintiff survived but his daughter died. The SC held Sulpicio to be liable for moral and exemplary damages, as well as
damages arising from the death of plaintiff’s daughter.
Facts • Tito Duran Tabuquilde and his 3-yo daughter Jennifer Anne boarded the M/V Doña Marilyn at North Harbor,
Manila.
• The vessel, while in transit, encountered inclement weather which caused huge waves due to Typhoon Unsang.
• Even though storm signal no. 2 was already raised by PAGASA over Leyte as of 5:30pm of Oct. 23, 1988, which
was subsequently raised to signal no. 3 by 10pm of the same day, the ship captain ordered the vessel to proceed
to Tacloban.
• Angelina Tabuquilde, mother of Jennifer Anne, contacted the Sulpicio Office to verify radio reports that MV Doña
Marilyn was missing. The employees assured her that the ship was merely “hiding” (hahaha)
• The next day, at 2pm, the vessel capsized, throwing the plaintiff and Jennifer Anne into the sea.
• Tito tried to keep himself and his daughter afloat but to no avail as the waves got stronger. He was subsequently
separated from her daughter.
• The following day, he found himself on Almagro Island in Samar at 11am. He immediately searched for her
daughter among the survivors in the island but to no avail.
• The Sulpicio office in Manila also refused to entertain Angelina and the hundreds of relatives of the passengers.
• On Oct. 31, Tito was informed that the corps of his daughter was found.
• Upon an action for damages filed by the spouses, the RTC rendered a decision in their favor, requiring Sulpicio to
pay the plaintiffs P27,580 as actual damages, P30k for the death of Jennifer, P100k for moral damages, P50k as
exemplary and P50k atty’s fees. The CA affirmed the decision.
Issues/Ratio W/N actual damages was proper (NO)

• The RTC merely mentioned the fact of the loss and the value of the contents of the pieces of baggage without
stating the evidence on which it based its findings.
• No showing that the value of the contents of the lost pieces of baggage was based on the bill of lading or was
previously declared by Tito before boarding the ship.

W/N damages for the death of Jennifer was proper (YES)

• Art. 2206 NCC states that only deaths caused by a crime or quasi delict are entitled to actual and compensatory
damages. Hence, damages arising from culpa contractual are not compensable without proof of special damages
sustained by the heirs of the victim.
• However, Art. 1764 NCC expressly makes Art. 2206 applicable “to the death of a passenger caused by the breach
of contract by a common carrier. Hence, a common carrier is liable for actual or compensatory damages under Art.
2206 in relation to Art. 1764.

For moral damages and exemplary damages (YES)

• Moral damages may be recovered when it results in the death of a passenger
• As to exemplary damages, Art. 2232 NCC gives the Court the discretion to grant said damages in breach of
contract when the defendant acted in wanton, fraudulent and reckless manner:

Macenas v. CA: “The Court will take judicial notice of the dreadful regularity with which grievous maritime
disasters occur in our waters with massive loss of life. The bulk of our population is too poor to afford
domestic air transportation. So it is that notwithstanding the frequent sinking of vessels… crowds of people
continue to travel by sea. This Court is prepared to use the instruments given to it by the law for securing the
ends of law and public policy. One of those instruments is the institution of exemplary damages; one of those
ends, of special importance… is a safe and reliable carriage of people and goods by sea.

• A common carrier is obliged to transport its passengers to their destinations with the utmost diligence of a
very cautious person. The TC found that Sulpicio failed to exercise the extraordinary diligence required of
a common carrier, which resulted in the sinking og Doña Marilyn.
• Gross negligence: the crew of MV Doña Marilyn took a calculated risk when it proceeded despite the typhoon
brewing somewhere in the general direction to which the vessel was going. The crew further assumed greater risk
when, instead of dropping anchor in or at the periphery of the Port of Calapan, or returning to the port of Manila
which is nearer, proceeded on its voyage on the assumption that it will be able to beat and race with the typhoon
and reach its destination before it.
Held CA Decision AFFIRMED with MODIFICATION of deleting the award for actual damages for the loss of the contents of
the pieces of baggage, and the damages for the death of Jennifer is increased to P50k.

Prepared by: Jzev Villanueva [Transpo | Prof. Angeles]