Professional Documents
Culture Documents
RACHELLE
ANNE
D.
GUTIERREZ
TRANSPORTATION
LAW
DIGESTS
(2014
–
2015)
ATTY.
NORIANNE
TAN
• July
28,
1995
à
the
Regional
Trial
Court
dismissed
the
legislative
intent
to
exclude
them
from
the
recovery
of
moral
complaint
finding
that
the
vessel
sank
due
to
force
majeure,
and
damages
for
mental
anguish
by
reason
of
the
death
of
the
that
the
ship
was
seaworthy.
deceased.
• September
16,
2002
à
The
Court
of
Appeals
reversed
the
• Receiver
for
North
Negros
Sugar
Company,
Inc.
v.
Ybañez
à
in
decision
stating
that
there
was
inadequate
proof
to
show
that
case
of
death
caused
by
quasi-‐delict,
the
brother
of
the
Sulpicio
Lines,
Inc.,
or
its
officers
and
crew,
had
exercised
the
deceased
was
not
entitled
to
the
award
of
moral
damages
required
degree
of
diligence
to
acquit
the
appellee
of
liability.
It
based
on
Article
2206
of
the
Civil
Code.
claims
that
the
mishap
would
not
have
occurred
if
the
crew
had
been
monitoring
the
weather
reports.
As
such,
Sulpicio
Lines
MAJOR
POINT
2:
To
be
entitled
to
moral
damages,
the
respondents
Inc.
was
ordered
to
pay
death
indemnity,
loss
of
earning
must
have
a
right
based
upon
law.
capacity,
moral
damages
and
costs
of
suit.
• It
is
true
that
under
Article
1003
of
the
Civil
Code
they
succeeded
to
the
entire
estate
of
the
late
Dr.
Curso
in
the
ISSUES
TO
BE
RESOLVED:
absence
of
the
latter’s
descendants,
ascendants,
illegitimate
1. Whether
or
not
the
surviving
brothers
and
sisters
of
a
passenger
children,
and
surviving
spouse.
However,
they
were
not
of
a
vessel
that
sinks
during
a
voyage
is
entitled
to
recover
included
among
the
persons
entitled
to
recover
moral
damages,
moral
damages
from
the
vessel
owner
as
common
carrier.
as
enumerated
in
Article
2219
of
the
Civil
Code.
• Article
2219
circumscribes
the
instances
in
which
moral
RESOLUTIONS
AND
ARGUMENTS:
damages
may
be
awarded.
The
provision
does
not
include
ISSUE
1
à
Whether
or
not
the
surviving
brothers
and
sisters
of
a
succession
in
the
collateral
line
as
a
source
of
the
right
to
passenger
of
a
vessel
that
sinks
during
a
voyage
is
entitled
to
recover
recover
moral
damages.
moral
damages
from
the
vessel
owner
as
common
carrier.
à
NO.
They
are
not
included
in
the
law.
OTHER
DOCTRINES:
Conditions
for
awarding
moral
damages
are:
MAJOR
POINT
1:
As
a
general
rule,
moral
damages
are
not
recoverable
(a) There
must
be
an
injury,
whether
physical,
mental,
or
in
actions
for
damages
predicated
on
a
breach
of
contract,
unless
psychological,
clearly
substantiated
by
the
claimant;
there
is
fraud
or
bad
faith.
As
an
exception,
moral
damages
may
be
(b) There
must
be
a
culpable
act
or
omission
factually
established;
awarded
in
case
of
breach
of
contract
of
carriage
that
results
in
the
(c) The
wrongful
act
or
omission
of
the
defendant
must
be
the
death
of
a
passenger,
in
accordance
with
Article
1764,
in
relation
to
proximate
cause
of
the
injury
sustained
by
the
claimant;
and
Article
2206
(3),
of
the
Civil
Code,
which
states:
“The
spouse,
(d) The
award
of
damages
is
predicated
on
any
of
the
cases
stated
legitimate
and
illegitimate
descendants
and
ascendants
of
the
in
Article
2219
of
the
Civil
Code.
deceased
may
demand
moral
damages
for
mental
anguish
by
reason
of
the
death
of
the
deceased.”
FINAL
VERDICT:
The
award
of
moral
damages
is
deleted
and
set
aside.
• The
foregoing
legal
provisions
set
forth
the
persons
entitled
to
moral
damages.
The
omission
from
Article
2206
(3)
of
the
NO
SEPARATE
OPINIONS
brothers
and
sisters
of
the
deceased
passenger
reveals
the
RACHELLE
ANNE
D.
GUTIERREZ