1C81S

lA8 LAS1L8n SPllnC CCMAn? vS CCu81 Cl ALALS 297 SC8A 31

lAC1S
M/v AvLCuA8 operaLed by Lhe lar LasLern Shlpplng Company (lLSC) arrlved aL Lhe porL of
Manlla from vancouver Columbla 1he vessel was asslgned 8erLh 4 of Lhe Manlla orL CapLaln 8oberL
Abellana was Lasked by Lhe hlllpplne orL AuLhorlLy Lo supervlse Lhe berLhlng of Lhe vessel ApellanL
Senen Cavlno was asslgned by Lhe ApellanL Manlla's lloL's AssoclaLlon (MA) Lo conducL docklng
manuevers for Lhe safe berLhlng of Lhe vesseL Lo 8erLh no4
Cavlno was sLaLloned aL Lhe brldge wlLh Lhe masLer of Lhe vessel vlcLor kavankov beslde hlm
1he sea was calm and Lhe wlnd was ldeal for docklng maneuvers When Lhe vessel was onehalf mlle
from Lhe pler Cavlno ordered englne sLopped When Lhe vessel was 2000 feeL from Lhe pler Lhe anchor
was dropped kavankov relayed Lhe order Lo Lhe crew of Lhe vessel 1he Lwo(2) shackles were dropped
however lL dld noL Lake hold 1he speed of Lhe vessel dld noL slacken A commoLlon Look place beLween
crew members When Cavlno lnqulred whaL Lhe commoLlon ls abouL kavankov assured hlm LhaL Lhere
was noLhlngAbellana who was Lhen on Lhe pler apron noLlced LhaL Lhe vessel was approachlng Lhe pler
fasL kavankov llkewlse noLlced LhaL Lhe anchor dld noL Lake hold Cavlno LhereafLer gave Lhe full
asLern" code 8efor Lhe rlghL anchor and addlLlonal shackles could be dropped Lhe bow of Lhe vessel
rammed lnLo Lhe apron of Lhe pler causlng conslderable damage Lo Lhe pler1he vessel susLalned
damage Loo kavankov flled hls sea proLesL Cavlno submlLLed hls reporL Lo Lhe Chlef lloL who referred
Lhe reporL Lo Lhe hlllpplne orLs AuLhorlLy Abellana llkewlse submlLLed hls reporL of Lhe lncldenL
ComplalnL Lo 81C was flled and 81C declded LhaL lar LasLern Shlpplng Co CapL Senen C Cavlno
and Lhe Manlla lloL's AssoclaLlon Lo be [olnLly and severally llable Lo pay Lo A acLual and exemplary
damages An appeal was flled Lo CA

lSSuL Who are llable for Lhe damage caused by Lhe vessel Lo Lhe pler?

8uLlnC

1he followlng are Lhe ones llable
1 CapL Senen C CavlnoLhe compulsory plloL hlred Lo maneuver Lhe vessel due Lo hls negllgence
A plloL ls a person duly quallfled and llcensed Lo conducL a vessel lnLo or ouL of porLs or ln cerLaln
waLers lL also lncludes boLh(1) Lhose whose duLy lL ls Lo gulde vessels lnLo or ouL of porLs or ln
parLlcular waLers and (2) Lhose enLrusLed wlLh Lhe navlgaLlon of vessels on Lhe hlgh seas Cenerally
undersLood as a person Laken on board aL a parLlcular place for Lhe purpose of conducLlng a shlp
Lhrough a rlver road or channel or from a porL
lloL supersedes Lhe masLer for Lhe Llme belng ln Lhe command and navlgaLlon of Lhe shlp and hls
orders musL be obeyed ln all maLLers connecLed wlLh her navlgaLlon Pe ls noL held Lo Lhe hlghesL
posslble degree of sklll and care buL musL have and exerclse Lhe ordlnary sklll and care demanded
by Lhe clrcumsLances and usually shown by an experL ln hls professlon under exLraordlnary
clrcumsLances a plloL musL exerclse exLraordlnary care

ln Lhe case aL bar CapL Cavlno when ordered Lo drop Lhe anchor on Llme should see Lo lL LhaL Lhe
order was carrled ouL and he could have done Lhls by lnspecLlng Lhe bow of Lhe vessel where Lhe
anchor mechanlsm was lnsLalled Pe should have made sure LhaL hls dlrecLlons were prompLly and
sLrlcLly followed Cavlno mlscalculaLed Pe falled Lo reacL and underLake adequaLe measures Lo
arresL fully Lhe momenLum of Lhe vessel afLer Lhe anchor falled Lo claw Lo Lhe seabed When he
reacLed lL was haphazard CAvlno falled Lo reckon Lhe bulk of Lhe vessel lLs slze and lLs cargo Pe
erroneously belleved LhaL only one (1) anchor would sufflce and even when Lhe anchor falled Lo
claw lnLo Lhe sea bed or agalnsL a hard ob[ecL ln Lhe seabed CAvlno falled Lo order anoLher anchor
Lo dropped lmmedlaLely

2 CapL kabankov's ls also responslble and llable for negllgence Pls unconcerned leLhargy as
masLer of Lhe shlp ln Lhe face of Lroublous exlgence consLlLuLes negllgence Pe knows LhaL Lhe 2
shuffle released was noL sufflclenL Lo hold Lhe vessel yeL he dld noL reacL nor glve any suggesLlon
Lo Lhe plloL kavankov was fully aware of Lhe bulk and slze of Lhe vessel and lLs cargo as well as
Lhe welghL of Lhe vessel Pe dld noLhlng even lf he was sLandlng Lhe whole Llme wlLh Lhe plloL
1he lncompeLence of Lhe masLer makes lL an evldence Lo prove LhaL Lhe vessel was unseaworLhy
as a vessel
1he masLer ls sLlll ln command of Lhe vessel noLwlLhsLandlng Lhe presence of a plloL MasLer ls
noL wholly absolved from hls duLles whlle plloL ls on board hls vessel Pe may advlse wlLh or
offer suggesLlons Lo hlm Pe ls sLlll ln command of Lhe vessel excepL so far as her navlgaLlon ls


concerned and musL cause Lhe ordlnary work of Lhe vessel Lo be properly carrled on and Lhe
usual precauLlons Laken
ln Lhe case aL bar CapL kabankov's LesLlmony makes lL apparenL LhaL he was remlss ln
Lhe dlscharge of hls duLles as masLer of Lhe shlp leavlng Lhe enLlre docklng procedure up Lo Lhe
plloL lnsLead of malnLalnlng waLchful vlgllance over Lhls rlsky maneuver Pe relled bllndly upon
Lhe plloL's skllls Lo Lhe polnL LhaL desplLe belng appralsed of a noLlce of alerL he conLlnued Lo
rellnqulsh conLrol of Lhe vessel Lo Cavlno shows lndublLably LhaL he was noL performlng hls
duLles wlLh Lhe dlllgence requlred of hlm and Lherefore may be charged wlLh negllgence along
wlLh defendanL Calvlno

3lLSC generally 1he collldlng vessel ls prlma facle responslble Lhe burden of proof ls upon Lhe parLy
clalmlng beneflL of Lhe exempLlon from llablllLy lL musL prove LhaL Lhe plloL was aL faulL As Lo Lhe faulL
of Lhe plloL Cenerally shlp owner ls noL llable for Lhe ln[urles lnfllcLed excluslvely by Lhe negllgence of a
plloL accepLed by a vessel compulsorlly An exempLlon would be when Lhe faulL was caused by anoLher
noL Lhe plloL or when Lhere are oLher Lhlngs whlch concurred wlLh Lhe faulL of Lhe plloL ln produclng Lhe
accldenL

ln Lhe case aL bar Lhe shlp owner's are llable under A81 2180 on selecLlon and supervlslon of employee
CapL kabankov who ls negllgenL ln lLs performance of lLs duLy

lL ls noL llable under Lhe acL of Lhe plloL slnce Lhe plloL was compulsorlly hlred 8uL ln case Lhe plloL ls noL
a compulsory one LhaL ln a sense Lhe shlp owner are noL bound Lo accepL Lo hlm buL ls employed
volunLarlly Lhe owners of Lhe vessel are all Lhe more llable for hls negllgenL acL
As for Lhose parLles who suffer are enLlLled Lo have Lhelr remedy agalnsL Lhe vessel LhaL occasloned Lhe
damage and are noL under necesslLy Lo look Lo Lhe plloL from who redress ls noL always had for
compensaLlon 1he owners Lo Lhe vessel are responslble Lo Lhe ln[ured parLy for Lhe acLs of Lhe plloL and
Lhey musL be lefL Lo recover Lhe amounL as well as Lhey can agalnsL hlm

3 MA ls llable noL under ArLcle 2180 of Lhe Code for Lhere ls no employer and employee
relaLlonshlp buL llable under CusLoms AdmlnlsLraLlve Crder no 1363 LhaL lncase Lhe plloL ls ls
llable Lhe MA shall pay 73 of Lhe damage from Lhe reserve fund buL lL ls sub[ecL Lo be
relmburse Lhe assoclaLlon ln Lhe amounL so pald as soon as pracLlcable