HEIRS 

OF AMPARO DE LOS SANTOS v. CAG.R. No. L-51165 June 21, 1990 186 SCRA 649

Facts:

 
The ship M/V Mindoro owned by Maritima Company aboard by Amparo de los Santos,and
Children of Mauricio delos Santos bound for Aklan met the Typhoon Welmingand due to the
strong waves it sank causing the drowning of many passengers including the wife and children of
Mauricio de Los SANTOS (herein petitioner).The petitioners filed a case against Maritima but the
lower court ruled against them on the grounds that the death of some passengers was due to force
majeure because ofthe strong typhoon welming. And the Court of Appeal ruled that Maritima
cannot beheld liable in damages based on the principle of limited liability of the ship owner, agent
under Article 587 of the Code of Commerce. Hence, this petition in the Supreme Court.

Issue:
Whether or not, the limited liability rule shall apply in this case.

Ruling:
It was held by the Supreme Court that Martima’s lack of extraordinary diligence
coupled with the negligence of the captain were the proximate cause of the sinking ofM/V
Mindoro pursuant to Articles 1733 of the New Civil Code which states that
“Common carriers are tasked to observe extraordinary diligence in the vigilance over
the goods and for the safety of its passengers” And Article 1755 of the same code, also provides
that Common carriers are bound to carry the passengers safety as far as human care and foresight
can provide, using the utmost diligence of very cautious persons, with a due regard for all
circumstances. Thus, the doctrine of limited liability rule shall not apply in this case