Manila Steamship Co. v.

Abdulhaman
Sept. 29, 1959
Petitioner: Manila Steamship Co., Inc.
Respondent: Insa Abdulhaman (Moro) and Lim Hong To
Ponente: Reyes, JBL

Facts:
- This case concerns an action filed by Abdulhaman against Manila Steamship for the recovery of
damages for the death of his 5 children as a result of the collision of M/L Consuelo V and M/S
Bowline Knot.
o At 7-8pm on May 4 1948, Consuelo V left the port of Zamboanga bound for Siokon. It
carried passengers (Abdulhaman’s wife and 5 kids) and cargo. The weather was good
and fair. On the same night, Bowline Knot was on its way to Zamboanga.
o At 9-10pm, a strong rain began to fall, accompanied by strong winds and waves.
o The Bowline Knot suddenly collided with Consuelo V (it capsized) while its passengers
were sleeping. Nine people died including the children.
- The CA affirmed the Board of Marine inquiry.
o The commanding officers of the colliding vessels had both been negligent.
o The owners of both vessels are solidarily liable to Insa under Art. 827 of the Code of
Commerce.
o It exempted defendant Lim Hong To by reason of the sinking and total loss of his
Consuelo V
o Manila Steamship, the owner of Bowtie Knot, was ordered to pay damages of Php
20,784 (this is the reason for the appeal to the SC).
- Petitioner pleads that it is exempt from any liability under Art. 1903 of the CC because it had
exercised the diligence of a good father of a family in the selection of the employees.

I: WON the petitioner is exempted from liability for exercising due diligence. NO

R:
- Petitioner’s defense is untenable since the tort in question is not a civil tort but a maritime tort
governed by Art. 826-939 of the Code of Commerce.
o Art. 827: In case of collision between two vessels imputable to both of them, each vessel
shall suffer her own damage and both shall be solidarily liable for the damages
occasioned to their cargoes.
o It is a maritime law principle that shipowners and ship agents are civilly liable for the
acts of the captain (Art. 586 Code of Commerce) and for indemnities due to third
persons.
o Injured parties may immediately look for reimbursement to the owner o the ship, it
being universally recognized that the ship master or captain is primarily the
representative of the owner.
- To admit the defense of due diligence (bonus paterfamilias) would render nugatory the solidary
liability in Art. 827 to protect the injured parties.
 - CA erred in exempting Lim from liability. Both the master and the engineer of Consuelo V were
not duly licensed because Lim wanted to reap more benefits.
- Lim assumed full risk and responsibility for all the consequences as it was expressly assumed in
his letter and special permit.

Dispositive: The decision of the CA is modified and CFI is affirmed. Defendants are solidarily liablt to
Abdulhaman in the sum of Php 20,784 and costs of litigation.