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KRAMER V CA, G.R. No. L-83524, October 13, 1989
KRAMER V CA, G.R. No. L-83524, October 13, 1989
RESPOPNDENTS:
peculiarities
and
characteristics
which
only persons with special
skill,
training
and
experience
like
the
members of the Board of
Marine
Inquiry can
properly analyze and
resolve. The petitioners
argued 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 the M/V Asia
Philippines had become
final, and that the fouryear prescriptive period
under Article 1146 of the
Civil Code should be
computed from the said
date.
HELD:
RATIO:
ISSUE: Whether or not the prescriptive period for
filing the complaint has been prescribed
RTC:
CA:
Private
respondents
should have immediately
instituted a complaint for
damages based on a
PETITIONERS:
is a need to rely on
highly technical aspects
attendant
to
such
collision, and that the
Board of Marine Inquiry
was constituted pursuant
to
the
Philippine
Merchant Marine Rules
and Regulations