Professional Documents
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FACTS
Held. No.
What was encountered was a monsoon and not a storm.
HELD. NO.
FACTS:
"MV Asilda" left the port of Zamboanga in fine weather, the following
morning, the vessel sank in the waters of Zamboanga del Norte bringing
down her entire cargo with her including the subject 7,500 cases of 1-
liter Coca-Cola softdrink bottles.
ISSUE (1) whether "MV Asilda" was seaworthy when it left the
port of Zamboanga;
HELD. NO.
The proximate cause of the sinking of "MV Asilda" was its being top-
heavy. Contrary to the ship captain's allegations, evidence shows that
approximately 2,500 cases of softdrink bottles were stowed on deck.
Several days after "MV Asilda" sank, an estimated 2,500 empty Coca-
Cola plastic cases were recovered near the vicinity of the sinking.
Considering that the ship's hatches were properly secured, the empty
Coca-Cola cases recovered could have come only from the vessel's
deck cargo. It is settled that carrying a deck cargo raises the
presumption of unseaworthiness unless it can be shown that the deck
cargo will not interfere with the proper management of the ship.
However, in this case it was established that "MV Asilda" was not
designed to carry substantial amount of cargo on deck. The inordinate
loading of cargo deck resulted in the decrease of the vessel's
metacentric height 7 thus making it unstable. The strong winds and
waves encountered by the vessel are but the ordinary vicissitudes of a
sea voyage and as such merely contributed to its already unstable and
unseaworthy condition.
ISSUE (2) whether the limited liability under Art. 587 of the Code
of Commerce should apply?
HELD. No.
It was already established at the outset that the sinking of "MV Asilda"
was due to its unseaworthiness even at the time of its departure from
the port of Zamboanga. It was top-heavy as an excessive amount of
cargo was loaded on deck. Closer supervision on the part of the
shipowner could have prevented this fatal miscalculation. As such,
FELMAN was equally negligent. It cannot therefore escape liability
through the expedient of filing a notice of abandonment of the vessel by
virtue of Art. 587 of the Code of Commerce.
FACTS
ISSUE: Who has the better right to the vessel? The first to have
bought the vessel or the first to register?
FACTS:
NNC is a shipping company that is primarily engaged in the
business of transporting through shipping vessels, passengers and
cargoes at various ports of call in the country. 4 THI, on the other
hand, is engaged in the business of shipbuilding and repair. 5 NNC
engaged the services of THI for the repair of its vessels.
On February 9, 2004, THI filed a case for sum of money , based
on the unpaid services for the repair of NNC's vessels, otherwise
known as repairman's lien.
On March 5, 2004, the Cebu RTC issued an Order 6 granting the
issuance of a writ of preliminary attachment against the properties of
NNC. By virtue of the writ of preliminary attachment, Sheriff Rogelio T.
Pinar levied on one of the vessels of NNC, the M/V St. Peter the
Apostle.
On March 29, 2004, NNC filed a Petition for
Corporate Rehabilitation with Prayer for Suspension of
Payments 11 with the RTC of Manila (Manila RTC),
Branch 46, which was docketed as Special Proceeding
No. 0409532. The Manila RTC granted the NNC's
petition and issued a Stay Order
ISSUE: Does the stay orders issued impair the maritime liens
against the Vessels or the Admiralty Courts Jurisdiction over such
liens?
HELD No.
FACTS
Facts
March 13, 1920, A fire broke out on the motor boat Alfonso while in Pasig
River, ready to weigh anchor. The fire spread to the steamer Y. Sontua which
was moored to the wharf and was close to Alfonso.
HELD. YES.