Magbojos, Kristine V.

TOPIC: Presumption of Negligence; Liability for Acts of Employees

SULPICIO LINES, INC. v. SESANTE

GR 172682 | July 26, 2016
Bersamin, J.

DOCTRINE: Article 1756 of the Civil Code lays down the presumption of negligence against the
common carrier in the event of death or injury of its passenger.

FACTS: M/V Princess owned by petitioner sank near Fortune Island, Batangas. Sesante was
one of the survivors. He sued petitioner for breach of contract and damages. The latter raised
the defense of vessel’s seaworthiness, fortuitous event and absence of negligence. Later on,
Board of Marine Inquiry (BMI) reported that the erroenous maneuvering by the captain during
extreme weather condition is the immediate and proximate cause of skinking.

ISSUE: Can negligence be imputed to the petitioner and thereby hold them liable for the breach
of contract of carriage?

RULING: Yes. Article 1759 of the Civil Code explicitly makes the common carrier liable in the
event of death or injury to passengers due to the negligence or fault of the common carrier's
employees while Article 1756 lays down the presumption of negligence against the common
carrier in the event of death or injury of its passenger. The presumption applies so long as there
is evidence showing that: (a) a contract exists between the passenger and the common carrier;
and (b) the injury or death took place during the existence of such contract. In addition, it should
be emphasized that common carrier is always responsible for the passenger's baggage during
the voyage and their liability attaches even if the loss or damage to the belongings resulted from
the acts of the common carrier's employees, the only exception being where such loss or
damages is due to force majeure. In the present case, the defense of fortuitous event cannot be
given merit due to the BMI’s report that the sinking is due to the gross negligence of the captain
in maneuvering the vessel. Hence, petitioner is liable.