Facts:Insa Abdulhaman together with his wife and five children boarded M/L Consuelo V in Zamboanga City.

The said
ship was bound for Siokon under the command of Faustino Macrohon. On that same night, M/S Bowline Knot was
navigating from Marijoboc towards Zamboanga.

Around 9:30 to 10:00 in the evening of May 4, 1948, while some of the passengers of the M/L Consuelo V were then
sleeping and some lying down awake, a shocking collision suddenly occurred. The ship that collided was later on
identified as the M/V Bowline Knot. M/L Consuelo V capsized that resulted to the death of 9 passengers and the loss
of the cargoes on board.

The Court held the owners of both vessels solidarily liable to plaintiff for damages caused to the latter under Article 827
of the Code of Commerce but exempted defendant Lim Hong To from liability due to the sinking and total loss of his
vessel. While Manila steamship, owner of the Bowline Knot was ordered to pay all of plaintiff’s damages.

Petitioner Manila Steamship Co. pleads that it is exempt from any liability under Article 1903 of the Civil Code because
it had exercised the diligence of a good father of a family in the selection of its employees, particularly the officer in
command of the M/S Bowline Knot.

Issue:Whether or not petitioner Manila Steamship Co. is exempt from any liability.

Held:NO. Petitioner is not exempted from liabilities. While it is true that plaintiff’s action against petitioner is based on a
tort or quasi delict, the tort in question is not a civil tort under the Civil Code but a maritime tort resulting in a collision at
sea, governed by Articles 826-939 of the Code of Commerce. Under Art. 827 of the Code of Commerce, 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. The shipowner is directly and primarily responsible in tort
resulting in a collision at sea, and it may not escape liability on the ground that exercised due diligence in the selection
and supervision of the vessel’s officers and crew.