REPUBLIC OF THE PHILIPPINES, plaintiff-appellee, v.

LUZON STEVEDORING
CORPORATION, defendant-appellant GR. NO. L-21749 September 29,1967 REYES, J.B.L. F
ACTS: In the early afternoon of August 17, 1960, barge L-1892, owned by the Luzon Stevedoring
Corporation, rammed against one of the wooden piles of the Nagtahan bailey bridge, smashing the
posts and causing the bridge to list while being towed down the Pasig river by tugboats "Bangus" and
"Barbero" also belonging to the same corporation. The river, at the time, was swollen and the current
swift because of the heavy downpour of Manila and the surrounding provinces days before the
incident. Sued by the Republic of the Philippines for actual and consequential damage caused by its
employees at CFI of Manila. Defendant Luzon Stevedoring Corporation disclaimed liability therefor,
on the grounds that: a) that it assigned two of its most powerful tugboats to tow down river its barge
L-1892; b) that it assigned to the task the more competent and experienced among its patrons, had the
towlines, engines and equipment double-checked and inspected; c) that it instructed its patrons to take
extra precautions; and d) concludes that it had done all it was called to do. After due trial, the court
held the defendant liable for the damage caused by its employees and ordered it to pay to plaintiff the
actual cost of the repair of the Nagtahan Bailey bridge which amounted to P192,561.72, with legal
interest thereon from the date of the filing of the complaint. Defendant appealed directly to the Court
assigning the following errors allegedly committed by the court a quo.
ISSUE: Whether or not the collision of appellant's barge with the supports or piers of the Nagtahan
bridge was in law caused by fortuitous event or force majeure.
RULING: NO. The very precautions, which the appellant strongly stresses, completely destroyed the
appellant's defense. Article 1174 of the Civil Code states that except in cases expressly specified by
law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the
presumption of risk, no person shall be responsible for fortuitous events. The appellant, Luzon
Stevedoring Corporation, knowing and appreciating the perils posed by the swollen stream and its
swift current, voluntarily entered into a situation involving obvious danger; it therefore assured the
risk, and can not shed responsibility merely because the precautions it adopted turned out to be
insufficient. Hence, the lower Court committed no error in holding it negligent in not suspending
operations and in holding it liable for the damages caused